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March 18: Congressional Record publishes “STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTION” in the Senate section

Politics 12 edited

Volume 167, No. 51, covering the 1st Session of the 117th Congress (2021 - 2022), was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTION” mentioning Richard Burr was published in the Senate section on pages S1647-S1651 on March 18.

Of the 100 senators in 117th Congress, 24 percent were women, and 76 percent were men, according to the Biographical Directory of the United States Congress.

Senators' salaries are historically higher than the median US income.

The publication is reproduced in full below:

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTION

By Mr. BURR (for himself and Mr. King):

S. 821. A bill to amend the Higher Education Act of 1965 to establish a simplified income-driven repayment plan, and for other purposes; to the Committee on Health, Education, Labor, and Pensions.

Mr. BURR. Mr. President, for two Congresses, Angus King and I have introduced bipartisan legislation to streamline and simplify student loan repayment programs. Our proposal would make the current, overly-

complicated loan repayment programs easier to navigate and more predictable for both borrowers and the Federal Government.

Today, students are asked to choose between nine different loan repayment plans, each with different eligibility and income requirements. The uncertainty created by too many competing options has made it nearly impossible for the Federal Government to accurately fund the program, leading to billions of dollars in budget shortfalls.

Just last year, the Office of Management and the Budget said the Direct Loan Program would cost $64 billion more than previously anticipated in just a single fiscal year prior to the COVID-19 emergency. The COVID-19 emergency caused $39 billion in additional unplanned for costs to the program through congressional and administrative actions. This is unsustainable, and it is unnecessary.

We need to make it easier for student borrowers to find the best repayment plan that works for them, and we need to make it easier for the Federal Government to accurately account for a program on which so many students depend. The REPAY Act would do just that, and I am here again to introduce this commonsense proposal to help all new borrowers, which represents approximately 20 percent of Federal student loan borrowers each year. This bill has been previously supported by a number of cosponsors, including Senators Warner, Rubio, Collins, Capito, Shaheen, Carper, Wicker, Manchin, and Portman.

The REPAY Act would simplify this process by establishing just two, easy-to-understand loan repayment plans.

The first is a fixed 10-year payment option, like most borrowers pay now.

The second is a simplified income-driven repayment plan, which takes into consideration how much a student borrowed verses how much they earn.

First, this plan provides forgiveness of all outstanding debt after the borrower fulfills their obligation to pay monthly on a 20-year term if the student borrowed less than the maximum undergraduate borrowing limit of $57,500 and pay monthly on a 25-year term if the student borrowed more than the undergraduate limit.

Second, this plan provides reasonable expectations for monthly payments. Very low-income borrowers would have a zero dollar payment. No payments are required until a borrower earns above 150 percent of the poverty line, which adjusts by family size and income. Modest-

income borrowers would have a very low payment equal to 10 percent of the earnings they make above 150 percent of the poverty line. Higher income borrowers would pay 10 percent on the first $25,000 of discretionary income they earned and 15 percent on any income above that.

A single income-driven repayment plan assures students that there is a reasonable repayment plan available based on their individual earnings. It means students won't be unnecessarily discouraged from pursuing careers that may pay less but for which they have a passion, such as education or social work.

As I said, this is not the first time Senator King and I have introduced this legislation, but there is added urgency this year because of the COVID-19 pandemic and because of the reckless proposals to simply transfer hundreds of billions in debt from individual borrowers to the Federal Government.

Last year, as the Nation struggled to combat coronavirus, Congress paused loan repayments for all borrowers through September 30, 2020. The Trump and Biden administrations then extended that pause through September 30, 2021. No borrower has been required to make a student loan payment for the last 12 months. As the American economy recovers, however, we cannot continue to pause payments indefinitely or, even worse, erase large swaths of loan balances, regardless of an individual's economic circumstance. Instead, Congress must put forward a commonsense plan that reflects the interests of student loan borrowers and American taxpayers.

I have cautioned Secretary Cardona against pursuing a dangerous proposal to simply forgive student debt through administrative action, an action which neither complies with the Federal Claims Collection Act, the Higher Education Act, or the related regulations. Not only do I think this isn't a legal idea, I don't believe it is a wise one, either. It is reckless policymaking to forgive massive amounts of existing student debt and doing so will create a profound moral hazard. What happens after existing debt is forgiven? Will colleges magically lower their tuition and fees, so no student ever needs to borrow again, or will colleges continue to charge for their services, and will students load right back up on exorbitant debt that 5, 10, or 30 years from now the American taxpayer will be asked to write off once again? This is an unserious gambit that doesn't come close to addressing the real drivers of student debt.

Rather than a flash-in-the-pan trick, I propose that we take up a durable policy solution, which includes the commonsense, bipartisan legislation that Senator Angus King and I are advocating. Our proposal helps ensure student loan repayment programs are understandable and workable for future students who need them. As ranking member of the Education Committee, I will work with our committee's chairman to move this legislation forward. I hope that we will find a willing partner in the White House and at the Department of Education.

______

By Mr. THUNE (for himself, Mr. Murphy, Mr. Barrasso, Mrs. Capito,

Mr. Cramer, Mr. King, Ms. Murkowski, Mr. Rounds, and Mr.

Wicker):

S. 844. A bill to amend the Internal Revenue Code of 1986 to treat certain amounts paid for physical activity, fitness, and exercise as amounts paid for medical care; to the Committee on Finance.

Mr. THUNE. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

There being no objection, the text of the bill was ordered to be printed in the Record, as follows:

S. 844

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Personal Health Investment Today Act of 2021'' or the ``PHIT Act of 2021''.

SEC. 2. PURPOSE.

The purpose of this Act is to promote health and prevent disease, particularly diseases related to being overweight or obese, by--

(1) encouraging healthier lifestyles;

(2) providing financial incentives to ease the financial burden of engaging in healthy behavior; and

(3) increasing the ability of individuals and families to participate in physical fitness activities.

SEC. 3. CERTAIN AMOUNTS PAID FOR PHYSICAL ACTIVITY, FITNESS,

AND EXERCISE TREATED AS AMOUNTS PAID FOR

MEDICAL CARE.

(a) In General.--Paragraph (1) of section 213(d) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, or'', and by inserting after subparagraph (D) the following new subparagraph:

``(E) for qualified sports and fitness expenses.''.

(b) Qualified Sports and Fitness Expenses.--Subsection (d) of section 213 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

``(12) Qualified sports and fitness expenses.--

``(A) In general.--The term `qualified sports and fitness expenses' means amounts paid exclusively for the sole purpose of participating in a physical activity including--

``(i) for membership at a fitness facility,

``(ii) for participation or instruction in physical exercise or physical activity, or

``(iii) for equipment used in a program (including a self-directed program) of physical exercise or physical activity.

``(B) Overall dollar limitation.--The aggregate amount treated as qualified sports and fitness expenses with respect to any taxpayer for any taxable year shall not exceed $1,000

($2,000 in the case of a joint return or a head of household

(as defined in section 2(b))).

``(C) Fitness facility.--For purposes of subparagraph

(A)(i), the term `fitness facility' means a facility--

``(i) which provides instruction in a program of physical exercise, offers facilities for the preservation, maintenance, encouragement, or development of physical fitness, or serves as the site of such a program of a State or local government,

``(ii) which is not a private club owned and operated by its members,

``(iii) which does not offer golf, hunting, sailing, or riding facilities,

``(iv) the health or fitness component of which is not incidental to its overall function and purpose, and

``(v) which is fully compliant with the State of jurisdiction and Federal anti-discrimination laws.

``(D) Treatment of exercise videos, etc.--Videos, books, and similar materials shall be treated as described in subparagraph (A)(ii) if the content of such materials constitutes instruction in a program of physical exercise or physical activity.

``(E) Limitations related to sports and fitness equipment.--Amounts paid for equipment described in subparagraph (A)(iii) shall be treated as qualified sports and fitness expenses only--

``(i) if such equipment is utilized exclusively for participation in fitness, exercise, sport, or other physical activity,

``(ii) in the case of amounts paid for apparel or footwear, if such apparel or footwear is of a type that is necessary for, and is not used for any purpose other than, a specific physical activity, and

``(iii) in the case of amounts paid for any single item of sports equipment (other than exercise equipment), to the extent such amounts do not exceed $250.

``(F) Programs which include components other than physical exercise and physical activity.--Rules similar to the rules of paragraph (6) shall apply in the case of any program that includes physical exercise or physical activity and also other components. For purposes of the preceding sentence, travel and accommodations shall be treated as a separate component.''.

(c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

______

By Mrs. FEINSTEIN (for herself and Mr. Grassley):

S. 854. A bill to designate methamphetamine as an emerging threat, and for other purposes; to the Committee on the Judiciary.

Ms. FEINSTEIN. Mr. President, nationally, psychostimulant overdose deaths, including methamphetamine-related deaths, increased by nearly 42% between July 2019 and July 2020. This increase is second only to synthetic opioids, a category which includes fentanyl.

My home State of California has been particularly hard hit. Between 2014 and 2019, methamphetamine-caused deaths in San Diego increased from 262 to 546, a stunning 108 percent increase in just five years. Similarly, in Los Angeles County, methamphetamine was involved in 44 percent of all drug overdose deaths in 2018.

Unfortunately, these figures are not unique to California, as other localities throughout the country are also seeing increases.

That is why I am introducing the Methamphetamine Response Act, which was passed by the Senate unanimously during the last session of Congress, with my colleague, Senator Grassley.

This bill does two things. First, it declares methamphetamine an emerging drug threat. Second, it requires the Office of National Drug Control Policy (ONDCP) to develop and implement a national plan that is specific to methamphetamine, in accordance the ONDCP Reauthorization, which I was proud to co-author, and which was enacted in 2018 as part of the SUPPORT Act.

This plan must include: An assesment of the methamphetamine threat, including the current availability of, and demand for, the drug, and the effectiveness of evidence-based prevention and treatment programs, as well as law enforcement programs;

Short- and long-term goals focused on supply and demand reduction and the expansion of prevention and treatment programs;

Performance measures related to the plan's goals; and

The level of funding needed to implement the plan, including an assessment of whether available funding can be reprogrammed or transferred, or whether additional funds are needed.

It is clear that methamphetamine is re-emerging as a major drug threat to our Nation:

Data shows that methamphetamine use is no longer limited to Mid-West and Western States, but is increasingly prevalent in Northeastern States.

Between 2018 and 2019, psychostimulant overdose deaths, including methamphetamine deaths, increased in 27 of the 38 States that provide drug-specific data to the Centers for Disease Control and Prevention. This amounts to a 27 percent increase nationally.

Methamphetamine continues to be highly potent, pure, and cheap. By the end of 2019, its availability and use had both increased.

Between 2016 and 2019, the number of individuals aged 12 and older with a methamphetamine use disorder increased from 684,000 to one million. That's a 46 percent increase in just three years.

Emergency room admissions for suspected stimulant overdoses, including methamphetamine, increased by 23 percent between January 2019 and 2020. These increases occurred in 36 States and the District of Colombia.

Two of the largest methamphetamine seizures on record occurred in 2019: U.S. Customs and Border Protection (CBP) seized 3,000 pounds of methamphetamine at the port of Otay Mesa while the Drug Enforcement Administration seized 2,224 pounds of methamphetamine in Riverside County. Both of these seizures were in California.

Given the increasing size of these seizures, it is not surprising that in the first five months of fiscal year 2021, CBP has already seized more than 75,000 pounds of methamphetamine.

In a one year span, psychostimulants, including methamphetamine, killed more than 21,000 Americans. Absent immediate action and a comprehensive plan, these fatalities will continue to increase.

I look forward to working with my colleagues in the Senate and in the House to see Methamphetamine Response Act enacted.

Thank you, Mr. President. I yield the floor.

______

By Mr. KAINE (for himself, Mr. Portman, Ms. Baldwin, Mr.

Blumenthal, Mr. Blunt, Mr. Braun, Mr. Brown, Mrs. Capito, Mr.

Cardin, Ms. Collins, Mr. Coons, Mr. Cramer, Ms. Duckworth, Ms.

Ernst, Mrs. Feinstein, Mrs. Gillibrand, Ms. Hassan, Mr. Hoeven,

Mr. Kelly, Mr. King, Ms. Klobuchar, Mr. Marshall, Mr. Moran,

Mrs. Shaheen, Ms. Sinema, Ms. Smith, Ms. Stabenow, Mr. Wicker,

Mr. Sullivan, and Mr. Inhofe):

S. 864. A bill to extend Federal Pell Grant eligibility of certain short-term programs; to the Committee on Health, Education, Labor, and Pensions.

Mr. KAINE. Mr. President. In today's economy, ensuring access to a variety of postsecondary programs has become even more critical in light of the COVID-19 pandemic. As of the end of 2020, more than 10 million Americans were unemployed, and 3. 7 million of those individuals have suffered permanent job loss. These workers will need access to postsecondary education and training to reskill and reenter the workforce. Notably, according to a poll conducted by Strada in June of 2020, Americans strongly prefer nondegree and skills training programs over degree programs as a way to access postsecondary credentials during and post-pandemic.

However, when it comes to higher education, Federal policies are not doing enough to support the demands of the changing labor market. Many of the individuals who enter into skills and job training programs are at the lowest end of the socioeconomic level, yet simply because their goal is to enter the workforce rather than obtain a degree, they are denied access Federal financial aid. The Federal Pell Grant Program--

needs-based grants for low-income and king students--can only be used to offset the cost of programs that are over 600 clock hours or at least 15 weeks in length. While many short-term programs provide high-quality skills training that employers need and recognize, they are not Pell-eligible.

Since the creation of the Pell grant, the profile of today's students has evolved along with the types of postsecondary education and training programs students look to enroll in. Today, 3 7 percent of all postsecondary students are 25 years of age or older, 68 percent work full-or-part-time while attending school and 26 percent have children or dependents. While many of these students enroll in longer-term degree programs, a significant number seek out shorter-term, workforce-

oriented training programs that lead to in-demand jobs or stack to longer-term education pathways. These short-term programs allow them to advance their education and skills in a manner that works with their life-situation of working and caring for children and other dependents. Without such programs, many of these students cannot devote the four plus years that many part-time students must spend to get an associates degree, or six plus years to earn a four year degree. Our federal higher education policy must be modernized to meet the needs of students and employers. According to the Georgetown University Center on Education and the Workforce, shorter-term educational investments pay off--the average postsecondary certificate holder has 30 percent higher lifetime earnings than individuals with only a high school diploma.

Today, I am pleased to introduce with my colleague, Senator Portman, the Jumpstart Our Businesses by Supporting Students or JOBS Act. The JOBS Act would close extend Pell Grant eligibility to high-quality, short-term job training programs offered at community colleges and other public institutions, so workers can afford the instruction they need to be successful in today's job market. Under the legislation, Pell-eligible job training programs are defined as those providing at least 150 clock hours of instruction time over a minimum of 8 weeks. Eligible job training programs must also provide students with licenses, certifications, or credentials that meet the hiring requirements of multiple employers in the field for which the job training is offered.

The JOBS Act also ensures that students enrolling in Pell-eligible short-term programs are earning high-quality postsecondary credentials by requiring that the credentials meet the standards of the Workforce Innovation and Opportunity Act, are recognized by industry or sector partnerships, and align with the skill needs of industries in States or local economies. Job training programs under this Act must also be evaluated by an accreditor and the State workforce board for quality and outcomes. The Virginia Community College System has identified approximately 50 programs that would benefit from the JOBS Act including in the fields of manufacturing, maritime, architecture/

construction, energy, health care, information technology, transportation, and business management and administration.

The JOBS Act is a commonsense, bipartisan bill that would help workers and employers succeed in today's economy. As Congress works to help Americans recover from pandemic job losses, I am hopeful that my colleagues will join me in advocating for Pell Grants to be made available to individuals enrolling in high-quality, short-term training programs that lead to industry-recognized credentials and good paying jobs.

______

By Mr. DURBIN:

S. 873. A bill to establish the Climate Change Advisory Commission to develop recommendations, frameworks, and guidelines for projects to respond to the impacts of climate change, to issue Federal obligations, the proceeds of which shall be used to fund projects that aid in adaptation to climate change, and for other purposes; to the Committee on Finance.

Mr. DURBIN. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

There being no objection, the text of the bill was ordered to be printed in the Record, as follows:

S. 873

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Climate Change Resiliency Fund for America Act of 2021''.

(b) Table of Contents.--

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

TITLE I--CLIMATE CHANGE ADVISORY COMMISSION

Sec. 101. Establishment of Climate Change Advisory Commission.

Sec. 102. Duties.

Sec. 103. Commission personnel matters.

Sec. 104. Funding.

Sec. 105. Termination.

TITLE II--CLIMATE CHANGE RESILIENCY FUND

Sec. 201. Climate Change Resiliency Fund.

Sec. 202. Compliance with Davis-Bacon Act.

Sec. 203. Funding.

TITLE III--REVENUE

Sec. 301. Climate Change Obligations.

Sec. 302. Promotion.

SEC. 2. DEFINITIONS.

In this Act:

(1) Commission.--The term ``Commission'' means the Climate Change Advisory Commission established by section 101(a).

(2) Community of color.--The term ``community of color'' means a geographically distinct area in which the population of any of the following categories of individuals is higher than the average populations of that category for the State in which the community is located:

(A) Black.

(B) African American.

(C) Asian.

(D) Pacific Islander.

(E) Other non-White race.

(F) Hispanic.

(G) Latino.

(H) Linguistically isolated.

(3) Eligible entity.--The term ``eligible entity'' includes--

(A) a Federal agency;

(B) a State or group of States;

(C) a unit of local government or a group of local governments;

(D) a utility district;

(E) a Tribal government or a consortium of Tribal governments;

(F) a State or regional transit agency or a group of State or regional transit agencies;

(G) a nonprofit organization;

(H) a special purpose district or public authority, including a port authority; and

(I) any other entity, as determined by the Secretary.

(4) Environmental justice community.--The term

``environmental justice community'' means a community with significant representation of communities of color, low-income communities, or Tribal and indigenous communities that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects.

(5) Frontline community.--The term ``frontline community'' means a low-income community, a community of color, or a Tribal community that is disproportionately impacted or burdened by climate change or a phenomenon associated with climate change, including such a community that was or is at risk of being disproportionately impacted or burdened by climate change or a phenomenon associated with climate change earlier than other such communities.

(6) Fund.--The term ``Fund'' means the Climate Change Resiliency Fund established by section 201(a)(1).

(7) Low-income community.--The term ``low-income community'' means any census block group in which 30 percent or more of the population are individuals with an annual household income equal to, or less than, the greater of--

(A) an amount equal to 80 percent of the median household income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and

(B) 200 percent of the Federal poverty line.

(8) Project.--The term ``project'' means a project for a qualified climate change adaptation purpose performed by an eligible entity under section 201(b).

(9) Qualified climate change adaptation purpose.--

(A) In general.--The term ``qualified climate change adaptation purpose'' means an objective with a demonstrated intent to reduce the economic, social, and environmental impact of the adverse effects of climate change.

(B) Inclusions.--The term ``qualified climate change adaptation purpose'' includes infrastructure resiliency and mitigation, improved disaster response, and ecosystem protection, which may be accomplished through activities or projects with objectives such as--

(i) reducing risks or enhancing resilience to sea level rise, extreme weather events, fires, drought, flooding, heat island impacts, or worsened indoor or outdoor air quality;

(ii) protecting farms and the food supply from climate impacts;

(iii) reducing risks of food insecurity that would otherwise result from climate change;

(iv) ensuring that disaster and public health plans account for more severe weather;

(v) reducing risks from geographical change to disease vectors, pathogens, invasive species, and the distribution of pests; and

(vi) other projects or activities, as determined to be appropriate by the Commission.

(10) Secretary.--The term ``Secretary'' means the Secretary of Commerce.

(11) State.--The term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.

TITLE I--CLIMATE CHANGE ADVISORY COMMISSION

SEC. 101. ESTABLISHMENT OF CLIMATE CHANGE ADVISORY

COMMISSION.

(a) In General.--There is established a commission to be known as the ``Climate Change Advisory Commission''.

(b) Membership.--The Commission shall be composed of 11 members--

(1) who shall be selected from the public and private sectors and institutions of higher education; and

(2) of whom--

(A) 3 shall be appointed by the President, in consultation with the National Climate Task Force;

(B) 2 shall be appointed by the Speaker of the House of Representatives;

(C) 2 shall be appointed by the minority leader of the House of Representatives;

(D) 2 shall be appointed by the majority leader of the Senate; and

(E) 2 shall be appointed by the minority leader of the Senate.

(c) Terms.--Each member of the Commission shall be appointed for the life of the Commission.

(d) Initial Appointments.--Each member of the Commission shall be appointed not later than 90 days after the date of enactment of this Act.

(e) Vacancies.--A vacancy on the Commission--

(1) shall not affect the powers of the Commission; and

(2) shall be filled in the manner in which the original appointment was made.

(f) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission.

(g) Meetings.--The Commission shall meet at the call of the Chairperson.

(h) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.

(i) Chairperson and Vice Chairperson.--The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission.

SEC. 102. DUTIES.

The Commission shall--

(1) establish recommendations, frameworks, and guidelines for a Federal investment program funded by revenue from climate change obligations issued under section 301 for eligible entities that--

(A) improve and adapt energy, transportation, water, and general infrastructure impacted or expected to be impacted due to climate variability; and

(B) integrate best available science, data, standards, models, and trends that improve the resiliency of infrastructure systems described in subparagraph (A); and

(2) in consultation with the Council on Environmental Quality and the White House Environmental Justice Interagency Council, identify categories of the most cost-effective investments and projects that emphasize multiple benefits to human health, commerce, and ecosystems while ensuring that the Commission engages in early and meaningful community stakeholder involvement opportunities during the development of the recommendations, frameworks, and guidelines established under paragraph (1).

SEC. 103. COMMISSION PERSONNEL MATTERS.

(a) Compensation of Members.--

(1) Non-federal employees.--A member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission.

(2) Federal employees.--A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government.

(b) Travel Expenses.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission.

(c) Staff.--

(1) In general.--The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate such personnel as are necessary to enable the Commission to perform the duties of the Commission.

(2) Compensation.--

(A) In general.--Except as provided in subparagraph (B), the Chairperson of the Commission may fix the compensation of personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates.

(B) Maximum rate of pay.--The rate of pay for personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code.

SEC. 104. FUNDING.

The Commission shall use amounts in the Fund to pay for all administrative expenses of the Commission.

SEC. 105. TERMINATION.

The Commission shall terminate on such date as the Commission determines after the Commission carries out the duties of the Commission under section 102.

TITLE II--CLIMATE CHANGE RESILIENCY FUND

SEC. 201. CLIMATE CHANGE RESILIENCY FUND.

(a) Establishment.--

(1) In general.--There is established in the Treasury of the United States the ``Climate Change Resiliency Fund''.

(2) Use of amounts.--

(A) In general.--The Secretary shall use not less than 40 percent of the amounts in the Fund to fund projects that benefit communities that experience disproportionate impacts from climate change, including environmental justice communities, frontline communities, and low-income communities.

(B) Maintenance of effort.--All amounts deposited in the Fund in accordance with section 301(a) shall only be used--

(i) to fund new projects in accordance with this section; and

(ii) for administrative expenses of the Commission authorized under section 104.

(3) Responsibility of secretary.--The Secretary shall take such action as the Secretary determines necessary to assist in implementing the Fund in accordance with this section.

(b) Climate Change Adaptation Projects.--The Secretary, in consultation with the Commission, shall carry out a program to provide funds to eligible entities to carry out projects for a qualified climate change adaptation purpose.

(c) Applications.--

(1) In general.--An eligible entity desiring funds under subsection (b) shall, with respect to a project, submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

(2) Contents.--An application submitted by an eligible entity under this subsection shall include data relating to any benefits the eligible entity expects the project to provide to the community in which the applicable project is performed, such as--

(A) an economic impact; or

(B) improvements to public health.

(3) Technical assistance.--The Secretary shall offer technical assistance to eligible entities preparing applications under this subsection.

(d) Selection.--

(1) In general.--The Secretary shall select eligible entities to receive funds to carry out projects under this section based on criteria and guidelines determined and published by the Commission under section 102.

(2) Priority.--In selecting eligible entities under paragraph (1), the Secretary shall give priority to eligible entities planning to perform projects that will serve areas with the greatest need.

(e) Non-Federal Funding Requirement.--

(1) In general.--Subject to paragraphs (2) and (3), in order to receive funds under this section, an eligible entity shall provide funds for a project in an amount that is equal to not less than 25 percent of the amount of funds provided under this section.

(2) Waiver.--The Secretary may waive all or part of the matching requirement under paragraph (1) for an eligible entity, especially an eligible entity performing a project benefitting a low-income community or an environmental justice community, if the Secretary determines that--

(A) there are no reasonable means available through which the eligible entity can meet the matching requirement; or

(B) the probable benefit of the project outweighs the public interest of the matching requirement.

(3) No-match projects.--

(A) In general.--The Secretary shall award not less than 10 percent and not more than 40 percent of the total funds awarded under this section to eligible entities to which the matching requirement under paragraph (1) shall not apply.

(B) Priority.--The Secretary shall give priority for funding under subparagraph (A) to an eligible entity performing a project in a community experiencing a disproportionate impact of climate change, including--

(i) an environmental justice community;

(ii) a low-income community; or

(iii) a community of color.

(f) Applicability of Federal Law.--Nothing in this Act shall be construed to waive the requirements of any Federal law or regulation that would otherwise apply to a project that receives funds under this section.

SEC. 202. COMPLIANCE WITH DAVIS-BACON ACT.

(a) In General.--All laborers and mechanics employed by contractors and subcontractors on projects funded directly by, or assisted in whole or in part by and through, the Fund shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of title 40, United States Code.

(b) Labor Standards.--With respect to the labor standards described in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.

SEC. 203. FUNDING.

To carry out the program under section 201(b), the Secretary, in addition to amounts in the Fund, may use amounts that have been made available to the Secretary and are not otherwise obligated.

TITLE III--REVENUE

SEC. 301. CLIMATE CHANGE OBLIGATIONS.

(a) In General.--Not later than 6 months after the date of the enactment of this Act, the Secretary of the Treasury or the Secretary's delegate (referred to in this title as the

``Secretary'') shall issue obligations under chapter 31 of title 31, United States Code (referred to in this title as

``climate change obligations''), the proceeds from which shall be deposited in the Fund.

(b) Full Faith and Credit.--Payment of interest and principal with respect to any climate change obligation issued under this section shall be made from the general fund of the Treasury of the United States and shall be backed by the full faith and credit of the United States.

(c) Exemption From Local Taxation.--All climate change obligations issued by the Secretary, and the interest on or credits with respect to such obligations, shall not be subject to taxation by any State, county, municipality, or local taxing authority.

(d) Amount of Climate Change Obligations.--

(1) In general.--Except as provided in paragraph (2), the aggregate face amount of the climate change obligations issued annually under this section shall be $200,000,000.

(2) Additional obligations.--For any calendar year in which all of the obligations issued pursuant to paragraph (1) have been purchased, the Secretary may issue additional climate change obligations during such calendar year, provided that the aggregate face amount of such additional obligations does not exceed $800,000,000.

(e) Funding.--The Secretary shall use funds made available to the Secretary and not otherwise obligated to carry out the purposes of this section.

SEC. 302. PROMOTION.

(a) In General.--The Secretary shall promote the purchase of climate change obligations through such means as are determined appropriate by the Secretary, with the amount expended for such promotion not to exceed $10,000,000 for any fiscal year during the period of fiscal years 2022 through 2026.

(b) Donated Advertising.--In addition to any advertising paid for with funds made available under subsection (c), the Secretary shall solicit and may accept the donation of advertising relating to the sale of climate change obligations.

(c) Authorization of Appropriations.--For each fiscal year during the period of fiscal years 2022 through 2026, there is authorized to be appropriated $10,000,000 to carry out the purposes of this section.

______

By Ms. COLLINS (for herself and Ms. Smith):

S. 876. A bill to amend the Richard B. Russell National School Lunch Act to require the Secretary of Agriculture to make loan guarantees and grants to finance certain improvements to school lunch facilities, to train school food service personnel, and for other purposes; to the Committee on Agriculture, Nutrition, and Forestry.

Ms. COLLINS. Mr. President, I rise to introduce School Food Modernization Act to assist our schools in updating outdated kitchen equipment, allowing them to provide healthier meals to students. I also thank my colleague from Minnesota, Senator Smith, for cosponsoring this bill.

School meals play a vital role in the lives of so many of our children. As one school nutrition director from Maine recently told me, school meals are the ``foundation for student success.'' Nearly 100,000 schools participate in the National School Lunch program, serving 30 million children each day, helping to prevent hunger. Many children consume up to half their daily caloric intake at school, and some get their most nutritious meals of the day at school instead of at home. Because school meals are a significant source of daily nutrition for so many, we must consistently aim to improve the program to best serve students.

The COVID-19 pandemic has further highlighted the importance of school meals for many families. Across the country, schools and nutrition programs were adapted to remote and hybrid learning models during the pandemic. Nutrition programs in Maine and other states have tirelessly continued to support the nutritional needs of students despite school closures, with many schools offering as many as four or five meal delivery options to ensure families can continue to access food seven days a week. I met recently with school nutrition directors from Maine who said lack of equipment, including access to cold storage, has forced them to be even more creative in continuing to serve children across Maine during COVID-19. Many schools are using stoves from the 1960s and others lack adequate storage facilities to store the large amount of food needed to provide multi-day bulk meal bags for children and families who are learning remotely or attending school only part-time.

The fact is schools built decades ago often lack the equipment and infrastructure necessary to do more than reheat and serve one or two meal options each day. Even before the pandemic, nearly 90 percent of schools needed at least one piece of updated school kitchen equipment. It is estimated that Maine schools alone would need $58.8 million for equipment infrastructure upgrades needed to serve healthy meals to all of our students. The Agriculture Appropriations Subcommittee, on which I serve, has consistently recognized this need and appropriated $30 million for School Equipment Assistance Grants last year. The School Food Modernization Act would codify and improve this successful grant program to better meet the growing need nationwide.

The School Food Modernization Act seeks to help school food service personnel offer a wide variety of nutritious and appealing meals to all students. First, the bill would provide targeted grant assistance to supply the seed funding needed to upgrade kitchen infrastructure or to purchase high-quality equipment. Second, it would establish a loan guarantee assistance program within USDA to help schools acquire new equipment. Finally, to aid school food services personnel in running successful, healthy programs, the legislation would authorize grants to support training and technical assistance for food service personnel.

Mr. President, I encourage my colleagues to continue supporting school kitchen equipment needs as the Child Nutrition Reauthorization process takes shape. If our children are going to be able to learn and meet their full potential, they need their minds and bodies to be fully nourished. This bill would help us achieve that goal.

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SOURCE: Congressional Record Vol. 167, No. 51

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