[Congressional Record Volume 165, Number 44 (Tuesday, March 12, 2019)] [Senate] [Pages S1794-S1797] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS By Mr. UDALL (for himself, Mr. Gardner, Ms. Cortez Masto, and Mr. Whitehouse): S. 738. A bill to require the Federal Communications Commission to make the provision of Wi-Fi access on school buses eligible for E-rate support; to the Committee on Commerce, Science, and Transportation. Mr. UDALL. Mr. President, the Federal Communications Commission Schools and Libraries program, commonly known as E-Rate, has helped connect our schools and libraries to high-speed broadband. Recent changes allowed for schools to pay for Wi-Fi on campuses, recognizing that students are using laptops and other devices for learning. This bill, cosponsored by my friends Senators Gardner, Cortez Masto, and Whitehouse, would allow schools to receive reimbursement for Wi-Fi on school buses--an idea inspired by a New Mexico high school student. A few years ago, a football player from Hatch Valley High School in Hatch, New Mexico told me how, after being on a bus for hours after a game, he would sit in the dark parking lot of his school doing his homework--because he didn't have high-speed broadband at home. Making Wi-Fi available on school buses is one piece to solving the homework gap--especially in rural areas. Adequate internet is an absolute necessity in this day and age. And I will continue to work with my colleagues to make sure every home in the country has adequate internet access. Mr. UDALL. 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. 738 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. E-RATE SUPPORT FOR SCHOOL BUS WI-FI. (a) Definition.--In this section, the term ``school bus'' means a passenger motor vehicle that is-- (1) designed to carry a driver and not less than 5 passengers; and (2) used significantly to transport early child education, elementary school, or secondary school students to or from school or an event related to school. (b) Rulemaking.--Notwithstanding the limitations under paragraphs (1)(B) and (2)(A) of section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) regarding the authorized recipients and uses of discounted telecommunications services, not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall commence a rulemaking to make the provision of Wi-Fi access on school buses eligible for support under the E-rate program of the Commission set forth under subpart F of part 54 of title 47, Code of Federal Regulations. ______ By Mr. CARPER (for himself, Mr. Inhofe, Mr. Barrasso, Mr. Whitehouse, Mr. Sullivan, Mr. Booker, Mrs. Capito, Mrs. Gillibrand, Mr. Cramer, and Mr. Van Hollen): S. 747. A bill to reauthorize the diesel emissions reduction program, and for other purposes; to the Committee on Environment and Public Works. Mr. CARPER. Mr. President, I rise to talk about the Diesel Emissions Reduction Act of 2019, or DERA, which I am introducing today with Senators Inhofe, Barrasso, Whitehouse, Sullivan, Booker, Capito, Gillibrand, Cramer and Van Hollen. In today's hearing, we will be focusing on legislation that reauthorizes a program that is near and dear to my heart--the Diesel Emissions Reduction Act, or DERA. I would like to say thank you to my DERA co-pilot, Senator Inhofe. Senator Inhofe has been a staunch supporter of DERA since day one. I greatly appreciate his continued support and the hard work of his staff on this legislation. I also thank our cosponsors from last Congress who have joined us again this year, Chairman Barrasso and Senator Whitehouse. Chairman Barrasso and his staff teamed up with us last Congress to make DERA work even better, and I appreciate his strong support. I also would like to say thank you to our new cosponsors this year, Senators Sullivan, Booker, Capito, Gillibrand, Cramer and Van Hollen. In all my years of public service, it's not every day that I've seen programs that generate this much bipartisan support--but, then again, not many programs are as effective and commonsense as DERA. Our Nation still relies heavily on diesel power to transport commuters and kids, harvest our crops and build our infrastructure. Today diesel engines are found everywhere, from our schools to our ports, and from our highways to our agricultural fields. Many of my colleagues have heard me say that the great thing about diesel engines is that they last a long time. And the bad thing about diesel engines is that they last a long time. Diesel engines are reliable and efficient, but older diesel engines are big polluters. Dirty diesel engine emissions are some of the biggest contributors to our Nation's smog, soot and black carbon air pollution. These dirty diesel emissions harm our health and our climate. Because of smart emission standards, new and retrofitted diesel engines using American technology are now much cleaner than older diesel engines--over 90% cleaner. Unfortunately, diesel engines run forever and there is little incentive for a diesel engine owner to replace an engine before it breaks down. That's why today, more than a decade after diesel emission standards were implemented by the EPA, millions of older diesel engines that lack the latest pollution control technology are still in use and will remain in use for decades to come. [[Page S1795]] Back in 2005, my very good friend, the late-Senator from Ohio, George Voinovich, came to me with an idea to help solve this problem--he came to me with the idea for DERA. Senator Voinovich said to me, let's provide financial incentives for people to replace or retrofit their older diesel engines with American-made clean vehicle technology. He told me that we can dramatically reduce diesel emissions, protect our health and create jobs here at home. I said ``Sign me up!'' And I've been DERA's strongest supporter ever since. In 2005, Congress passed DERA faster than I think we've passed any EPA program ever before. This simple idea has turned into one of EPA's most effective clean air program on the books today. For every dollar spent in the DERA program, our Nation sees $13 in economic and health benefits. The emission reductions have helped States meet clean air standards and resulted in more than $12.6 billion in health benefits alone since the program's inception. From requests for electric school buses, to replacement ferry engines, to simple diesel retrofits, EPA tells us that the requests keep coming in--but, unfortunately, funding for DERA far exceeds the program's available funds. With millions of dirty diesel engines on our roads, DERA is as important today as it was when it first started. Now, we must work together to ensure that every State, Tribe and territory can still benefit from this unique program. At a time when our Nation is looking for ways to create jobs, have healthier air and a better climate, cleaning up dirty diesel engines through DERA stands out as a prime example of what works. Today, I'm proud to continue the bipartisan tradition that started more than 15 years ago with my good friend, Senator Voinovich. I look forward to working with my colleagues to pass reauthorization of DERA this Congress. Thank you Mr. President. ______ By Mr. KAINE (for himself and Ms. Collins): S. 752. A bill to amend the Higher Education Act of 1965 to provide for teacher and school leader quality enhancement and to enhance institutional aid; to the Committee on Health, Education, Labor, and Pensions. Mr. KAINE. Mr. President. As career opportunities and the requisite skills for success adapt to the demands of the 21st century, so too must the instruction and preparation students receive. Educators are tasked with designing educational experiences that rise to the rigorous State academic standards and reflect the needs and interests of our Nation's diverse student population. We have become accustomed to welcoming the start of the school year with news headlines describing overfilled classrooms and districts struggling to fill teacher vacancies. Though the challenge of teacher and principal shortages is felt broadly across the country, with a particularly acute impact on our rural communities, it is an issue we can remedy. The reauthorization of the Higher Education Act is an opportunity to strengthen the preparation and leaders and to further support State efforts to successfully implement the Every Student Succeeds Act. It is also an opportunity to address the fact that schools in high-need communities are often staffed by a revolving door of underprepared and inexperienced teachers who are unable to meet students' needs. This in part due to State teacher shortages. This is why I am pleased to introduce today with my colleague Senator Collins, the Preparing and Retaining Education Professionals Act, or PREP Act. As schools across our Nation continue to face growing class sizes, many are struggling with a shortage of qualified teachers. Rural communities in particular are experiencing a dearth of teachers equipped to meet their growing needs. The PREP Act aims to create high- quality teacher residency programs to develop a diverse workforce that is well-prepared to provide the educational opportunities students need to be successful in the 21st century. More specifically, this legislation would expand the definition of ``high need'' districts under the Every Student Succeeds Act (ESSA) to include those experiencing teacher shortages in rural communities and in areas such as special education, English language, science, technology, engineering, math, and CTE, to allow for access to additional support and improvement. It would also encourage school districts to establish partnerships with local community colleges and universities to ensure their education programs are developing future teachers in content areas where there is currently a shortage of educators. It would increase access to teacher and school leader residency programs and preparation training while requiring States to identify areas of teacher or leader shortages by subject across public schools and use that data to target their efforts. Additionally, the PREP Act bolsters support for teacher preparation programs at Minority Serving Institutions (MSIs) or Historically Black Colleges and Universities (HBCUs) to invest in a diverse and well-prepared educator workforce. Improving our Nation's educational system is contingent on our ability to prepare, support, and retain quality educators. Research shows that better prepared teachers stay longer in the profession and are more likely to remain in their roles and positively impact young people and their communities. As we look to reauthorize the Higher Education Act, I hope that my colleagues on both sides of the aisle see the PREP Act as a commonsense opportunity to help ensure that students in every zip code across the country have the well-prepared teachers and school leaders they deserve. ______ By Mr. DURBIN: S. 763. 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. 763 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 2019''. (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. Except as otherwise provided, in this Act: (1) Commission.--The term ``Commission'' means the Climate Change Advisory Commission established by section 101(a). (2) Fund.--The term ``Fund'' means the Climate Change Resiliency Fund established by section 201(a)(1). (3) 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-- (i) infrastructure resiliency and mitigation; (ii) improved disaster response; and (iii) ecosystem protection. (4) Secretary.--The term ``Secretary'' means the Secretary of Commerce. 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 [[Page S1796]] (2) of whom-- (A) 3 shall be appointed by the President, in consultation with the Interagency Climate Change Adaptation 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 States, municipalities, and other public entities, including utility districts, transit authorities, and multistate regulatory bodies that-- (A) improves and adapts energy, transportation, water, and general infrastructure impacted or expected to be impacted due to climate variability; and (B) integrates best available science, data, standards, models, and trends that improve the resiliency of infrastructure systems described in subparagraph (A); and (2) identify categories of the most cost-effective investments and projects that emphasize multiple benefits to commerce, human health, and ecosystems. 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 within the Department of Commerce the ``Climate Change Resiliency Fund''. (2) Responsibility of secretary.--The Secretary shall take such action as the Secretary determines to be necessary to assist in implementing the establishment of the Fund in accordance with this Act. (b) Climate Change Adaptation Projects.--The Secretary, in consultation with the Commission, shall carry out a program to provide funds to eligible applicants to carry out projects for a qualified climate change adaptation purpose. (c) Eligible Entities.--An entity eligible to participate in the program under subsection (b) shall include-- (1) a Federal agency; (2) a State or a group of States; (3) a unit of local government or a group of local governments; (4) a utility district; (5) a tribal government or a consortium of tribal governments; (6) a State or regional transit agency or a group of State or regional transit agencies; (7) a nonprofit organization; (8) a special purpose district or public authority, including a port authority; and (9) any other entity, as determined by the Secretary. (d) Application.--An eligible entity shall submit to the Secretary an application for a project for a qualified climate change adaptation purpose at such time, in such manner, and containing such information as the Secretary may require, including data relating to any benefits, such as economic impact or improvements to public health, that the project is expected to provide. (e) Selection.--The Secretary shall select projects from eligible entities to receive funds under this section based on criteria and guidelines determined and published by the Commission. (f) Non-Federal Funding Requirement.--In order to receive funds under this section, an eligible entity shall provide funds for the project in an amount that is equal to not less than 25 percent of the amount of funds provided under this section. (g) Maintenance of Effort.--All amounts deposited in the Fund in accordance with section 301(a) shall be used only to fund new projects in accordance with this Act. (h) Applicability of Federal Law.--Nothing in this Act waives the requirements of any Federal law (including regulations) that would otherwise apply to a qualified climate change 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 pursuant to this title 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 specified 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. The Secretary shall use funds made available to the Secretary and not otherwise obligated to carry out the program under section 201(b). 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 2020 through 2024. [[Page S1797]] (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 2020 through 2024, there is authorized to be appropriated $10,000,000 to carry out the purposes of this section. ____________________