[Congressional Record Volume 166, Number 39 (Thursday, February 27, 2020)]
[Senate]
[Pages S1222-S1225]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTION

      By Mr. THUNE (for himself, Mr. Tester, Mr. Moran, Mr. Peters, and 
        Mr. Wicker):
  S. 3355. A bill to address the workforce needs of the 
telecommunications industry; to the Committee on Health, Education, 
Labor, and Pensions.
  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. 3355

       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 ``Telecommunications Skilled 
     Workforce Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) 5G.--The term ``5G'', with respect to wireless 
     infrastructure and wireless technology, means fifth-
     generation wireless infrastructure and wireless technology.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (B) the Committee on Health, Education, Labor, and Pensions 
     of the Senate;
       (C) the Committee on Energy and Commerce of the House of 
     Representatives; and
       (D) the Committee on Education and Labor of the House of 
     Representatives.
       (3) Broadband infrastructure.--The term ``broadband 
     infrastructure'' means any buried, underground, or aerial 
     facility, and any wireless or wireline connection, that 
     enables users to send and receive voice, video, data, 
     graphics, or any combination thereof.
       (4) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (5) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001).
       (6) Rural area.--The term ``rural area'' means any area 
     other than--
       (A) a city, town, or incorporated area that has a 
     population of more than 20,000 inhabitants; or
       (B) an urbanized area adjacent to a city or town that has a 
     population of more than 50,000 inhabitants.
       (7) Secretary.--Except as otherwise provided, the term 
     ``Secretary'' means the Secretary of Labor.
       (8) State workforce development board.--The term ``State 
     workforce development board'' means a State workforce 
     development board established under section 101 of the 
     Workforce Innovation and Opportunity Act (29 U.S.C. 3111).

     SEC. 3. INTERAGENCY WORKING GROUP EVALUATION.

       (a) In General.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Chairman of the Commission, shall convene an interagency 
     working group to develop recommendations to address the 
     workforce needs of the telecommunications industry.
       (b) Duties.--In developing recommendations under subsection 
     (a), the interagency working group shall--

[[Page S1223]]

       (1) determine whether, and if so how, any Federal laws 
     (including regulations), policies, or practices, or any 
     budgetary constraints, inhibit institutions of higher 
     education or for-profit businesses from establishing, 
     adopting, or expanding programs intended to address the 
     workforce needs of the telecommunications industry, including 
     the workforce needed to build and maintain the 5G wireless 
     infrastructure necessary to support 5G wireless technology;
       (2) identify potential policies and programs that could 
     encourage and improve coordination among Federal agencies, 
     between Federal agencies and States, and among States, on 
     telecommunications workforce needs;
       (3) identify ways in which existing Federal programs, 
     including programs that help facilitate the employment of 
     veterans and military personnel transitioning into civilian 
     life, could be leveraged to help address the workforce needs 
     of the telecommunications industry;
       (4) identify ways to encourage individuals and for-profit 
     businesses to participate in qualified industry-led workforce 
     development programs, including the Telecommunications 
     Industry Registered Apprenticeship Program and other 
     industry-recognized apprenticeship programs;
       (5) identify ways to improve recruitment in qualified 
     industry-led workforce development programs, including the 
     Telecommunications Industry Registered Apprenticeship Program 
     and other industry-recognized apprenticeship programs; and
       (6) identify Federal incentives that could be provided to 
     institutions of higher education, for-profit businesses, 
     State workforce development boards, or other relevant 
     stakeholders to establish or adopt programs, or expand 
     current programs, to address the workforce needs of the 
     telecommunications industry, including such needs in rural 
     areas.
       (c) Members.--The interagency working group convened under 
     subsection (a) shall be composed of representatives of such 
     Federal agencies and relevant non-Federal industry 
     stakeholder organizations as the Secretary considers 
     appropriate, including--
       (1) a representative of the Department of Education, 
     appointed by the Secretary of Education;
       (2) a representative of the National Telecommunications and 
     Information Administration, appointed by the Assistant 
     Secretary of Commerce for Communications and Information;
       (3) a representative of the Department of Commerce, 
     appointed by the Secretary of Commerce;
       (4) a representative of the Commission, appointed by the 
     Chairman of the Commission;
       (5) a representative of the Telecommunications Industry 
     Registered Apprenticeship Program, appointed by the 
     Secretary;
       (6) a representative of a telecommunications industry 
     association, appointed by the Chairman of the Commission;
       (7) a representative of an Indian Tribe or Tribal 
     organization, appointed by the Secretary;
       (8) a representative of a rural telecommunications carrier, 
     appointed by the Secretary; and
       (9) a representative from a labor organization, appointed 
     by the Secretary.
       (d) Report to Congress.--Not later than 180 days after the 
     date on which the interagency working group is convened under 
     subsection (a), the interagency working group shall submit to 
     the appropriate congressional committees a report containing 
     recommendations to address the workforce needs of the 
     telecommunications industry.
       (e) Powers.--
       (1) Hearings.--The interagency working group convened under 
     subsection (a) may hold such hearings, sit and act at such 
     times and places, take such testimony, and receive such 
     evidence as the interagency working group considers advisable 
     to carry out the objectives of this section.
       (2) Information from federal agencies.--The interagency 
     working group convened under subsection (a) may secure 
     directly from any Federal agency such information as the 
     interagency working group considers necessary to carry out 
     the provisions of this section. Upon request of the 
     interagency working group, the head of such agency shall 
     furnish such information to the interagency working group.
       (3) Postal services.--The interagency working group 
     convened under subsection (a) may use the United States mails 
     in the same manner and under the same conditions as other 
     Federal agencies.
       (f) Personnel.--
       (1) Travel.--The members of the interagency working group 
     convened under subsection (a) shall not receive compensation 
     for the performance of services for the interagency working 
     group, but shall be allowed travel expenses, including per 
     diem in lieu of subsistence, at rates authorized for 
     employees of agencies under subchapter I of chapter 57 of 
     title 5, United States Code, while away from their homes or 
     regular places of business in the performance of services for 
     the interagency working group. Notwithstanding section 1342 
     of title 31, United States Code, the interagency working 
     group may accept the voluntary and uncompensated services of 
     members of the interagency working group.
       (2) Detail of government employees.--Any employee of the 
     Federal Government may be detailed to the interagency working 
     group convened under subsection (a) without reimbursement, 
     and such detail shall be without interruption or loss of 
     civil service status or privilege.
       (g) Nonapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the 
     interagency working group convened under subsection (a).
       (h) Sunset.--The interagency working group convened under 
     subsection (a) shall terminate on the day after the date on 
     which the interagency working group submits the report to 
     Congress under subsection (d).

     SEC. 4. TELECOMMUNICATIONS WORKFORCE GUIDANCE.

       (a) In General.--The Secretary, in consultation with the 
     Chairman of the Commission, shall establish and issue 
     guidance on how States can address the workforce needs of the 
     telecommunications industry, including guidance on how a 
     State workforce development board can--
       (1) utilize Federal resources available to States to meet 
     the workforce needs of the telecommunications industry; and
       (2) promote and improve recruitment in qualified industry-
     led workforce development programs, including the 
     Telecommunications Industry Registered Apprenticeship Program 
     and other industry-recognized apprenticeship programs.

     SEC. 5. GAO ASSESSMENT OF WORKFORCE NEEDS OF THE 
                   TELECOMMUNICATIONS INDUSTRY.

       Not later than 180 days after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     submit to the appropriate congressional committees a report 
     that estimates the number of skilled telecommunications 
     workers that will be required to build and maintain--
       (1) broadband infrastructure in rural areas; and
       (2) the 5G wireless infrastructure needed to support 5G 
     wireless technology.
                                 ______
                                 
      By Mr. THUNE (for himself and Ms. Sinema):
  S. 3359. A bill to amend title 23, United States Code, to modify the 
distribution of funds under the tribal transportation program, and for 
other purposes; to the Committee on Indian Affairs.
  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. 3359

       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 ``Tribal Transportation Equity 
     and Transparency Improvement Act of 2020''.

     SEC. 2. TRIBAL TRANSPORTATION PROGRAM.

       (a) In General.--Section 202 of title 23, United States 
     Code, is amended--
       (1) in subsection (a)(9)(A), by striking ``construction and 
     improvement'' and inserting ``construction, improvement, and 
     highway safety'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking subparagraph (D) and inserting the 
     following:
       ``(D) Additional facilities.--
       ``(i) In general.--Not later than 270 days after the date 
     of enactment of the Tribal Transportation Equity and 
     Transparency Improvement Act of 2020, and not less frequently 
     than every 3 years thereafter, the Secretary of the Interior 
     shall publish in the Federal Register a notice requesting 
     proposals from Indian tribes to include additional 
     transportation facilities that are eligible for funding under 
     the tribal transportation program in the inventory described 
     in subparagraph (A), if those proposed additional facilities 
     are included in the inventory in a uniform and consistent 
     manner nationally.
       ``(ii) Rule of construction.--Nothing in this 
     subparagraph--

       ``(I) prohibits the Secretary of the Interior from 
     including in the inventory under subparagraph (A) additional 
     transportation facilities more frequently than required under 
     clause (i), including, as necessary, in response to a 
     proposal from an eligible Indian tribe submitted during a 
     period not described in the notice under clause (i); or
       ``(II) requires Indian tribes to submit proposals to the 
     Secretary of the Interior in response to the notice required 
     under clause (i).''; and

       (ii) by adding at the end the following:
       ``(F) Public availability.--The Secretary of the Interior 
     shall ensure that all non-confidential information within the 
     inventory described in subparagraph (A) is made available--
       ``(i) in a user-friendly manner on the public website of 
     the Department of the Interior; and
       ``(ii) in a manner capable of being searched and downloaded 
     by users of the public website of the Department of the 
     Interior.''; and
       (B) in paragraph (3)(B), in the matter preceding clause 
     (i), by striking ``fiscal year 2012'' and inserting ``the 
     most recent fiscal year for which data is available'';
       (3) in subsection (c)--
       (A) in paragraph (3)--
       (i) in subparagraph (A), by striking ``; and'' at the end 
     and inserting a period;
       (ii) by striking subparagraph (B); and

[[Page S1224]]

       (iii) in the matter preceding subparagraph (A), by striking 
     ``shall be--'' and all that follows through ``selected by'' 
     in subparagraph (A), and inserting ``shall be selected by''; 
     and
       (B) by adding at the end the following:
       ``(4) Nationally significant federal lands and tribal 
     projects program.--Notwithstanding any other provision of 
     this section, amounts made available to Indian tribes under 
     subsection (b)(3) may be used for planning and design 
     activities related to applications for grants under the 
     nationally significant Federal lands and tribal projects 
     program under section 1123 of the FAST Act (23 U.S.C. 201 
     note; Public Law 114-94).''; and
       (4) in subsection (e)(2), by striking ``as appropriate,'' 
     and inserting ``subject to subsection (a)(9),''.
       (b) Inspector General Review.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Inspector General of the 
     Department of Transportation and the Inspector General of the 
     Department of the Interior shall jointly begin an audit of 
     the tribal transportation program under section 202 of title 
     23, United States Code (referred to in this section as the 
     ``program'').
       (2) Review.--The audit under paragraph (1) shall include--
       (A) a review of the data collection and management 
     processes used by the Secretary of the Interior in 
     maintaining the national inventory of tribal transportation 
     facilities under section 202(b)(1) of title 23, United States 
     Code; and
       (B) a review of the administration of the program, 
     including whether--
       (i) funding under the program is distributed in a timely 
     manner that is consistent with statutory and regulatory 
     requirements; and
       (ii) the current procedures and practices used by the 
     Secretary of the Interior to allocate funding for tribal 
     transportation facilities (as defined in section 101(a) of 
     title 23, United States Code) under the program are 
     transparent and consistently applied.
       (3) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Inspector General of the 
     Department of Transportation and the Inspector General of the 
     Department of the Interior shall jointly submit a report 
     describing the results of the audit under paragraph (1) to--
       (A) the Committee on Environment and Public Works of the 
     Senate;
       (B) the Committee on Indian Affairs of the Senate;
       (C) the Committee on Transportation and Infrastructure of 
     the House of Representatives; and
       (D) the Committee on Natural Resources of the House of 
     Representatives.
       (c) Comptroller General Review.--
       (1) In general.--The Comptroller General of the United 
     States (referred to in this subsection as the ``Comptroller 
     General'') shall initiate an audit of the program.
       (2) Review.--The audit under paragraph (1) shall include an 
     examination of--
       (A) the funding formula of the program under section 
     202(b)(3) of title 23, United States Code, including key 
     decisions made over time that have affected the methods used 
     to determine tribal shares of program funds;
       (B) whether, for purposes of allocating funding under 
     section 202 of title 23, United States Code, the allocation 
     methodology under subpart D of part 1000 of title 24, Code of 
     Federal Regulations (as in effect on the date of enactment of 
     this Act), provides an accurate and reliable estimate of 
     tribal population;
       (C) potential alternatives to the methodology described in 
     subparagraph (B) for purposes of allocating funding under 
     section 202 of title 23, United States Code;
       (D) how the Secretary of the Interior ensures that--
       (i) the program is consistently administered; and
       (ii) program decisions are transparently and consistently 
     made; and
       (E) the potential effects of having the program 
     administered solely by the Secretary of the Interior or the 
     Secretary of Transportation.
       (3) Report.--Not later than 540 days after the date of 
     enactment of this Act, the Comptroller General shall submit a 
     report describing the results of the audit under paragraph 
     (1) to--
       (A) the Committee on Environment and Public Works of the 
     Senate;
       (B) the Committee on Indian Affairs of the Senate;
       (C) the Committee on Transportation and Infrastructure of 
     the House of Representatives; and
       (D) the Committee on Natural Resources of the House of 
     Representatives.
       (d) Obligation Limitations.--Notwithstanding section 
     1102(a) of the FAST Act (23 U.S.C. 104 note; Public Law 114-
     94) or any other provision of law providing a limitation on 
     obligations for Federal-aid highway and highway safety 
     construction programs for a fiscal year, amounts made 
     available to carry out the tribal transportation program 
     under section 202 of title 23, United States Code, for a 
     fiscal year shall not be subject to the obligation limitation 
     for that fiscal year.

     SEC. 3. TRANSPORTATION FACILITY ELIGIBILITY.

       (a) Definitions.--In this section:
       (1) Inventory.--The term ``inventory'' means the national 
     inventory of tribal transportation facilities under section 
     202(b) of title 23, United States Code.
       (2) Proposed road.--The term ``proposed road'' means a 
     proposed road or facility (as defined in section 170.5 of 
     title 25, Code of Federal Regulations (as in effect on the 
     date of enactment of this Act)) that is a road, including a 
     primary access route (as defined in that section).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Deadline.--Not later than 180 days after the date of 
     enactment of this Act, and not less frequently than every 3 
     years thereafter, the Secretary and the Secretary of 
     Transportation shall require each Indian tribe that intends 
     to include a proposed road in the inventory to complete and 
     submit for approval the documentation and other information 
     required under section 170.443(a) of title 25, Code of 
     Federal Regulations (as in effect on November 6, 2019), for 
     the proposed road.
       (c) Report.--
       (1) In general.--Not later than 180 days after each 
     deadline described in subsection (b), the Secretary shall 
     submit to the Committee on Indian Affairs of the Senate and 
     the Committee on Natural Resources of the House of 
     Representatives a report describing the proposed roads 
     approved to be included in the inventory.
       (2) Requirements.--Each report under paragraph (1) shall 
     include, for each Indian reservation, Alaska Native village, 
     or other recognized Indian community (including former Indian 
     reservations in the State of Oklahoma)--
       (A) the mileage of proposed roads included in the inventory 
     before the deadline described in subsection (b);
       (B) the mileage of proposed roads approved to be included 
     in the inventory on the basis of the documentation and other 
     information submitted under subsection (b); and
       (C) an estimate, based on the documentation and other 
     information submitted under subsection (b), of the 
     construction and maintenance costs of the proposed roads 
     described in subparagraph (B).

     SEC. 4. TRIBAL HIGHWAY SAFETY PARTNERSHIPS.

       Section 402 of title 23, United States Code, is amended--
       (1) in subsection (b)(1)(C), by striking ``by'' and 
     inserting ``by, or on behalf of,''; and
       (2) in subsection (h)(2)--
       (A) by striking ``Notwithstanding'' and inserting the 
     following:
       ``(A) In general.--Notwithstanding''; and
       (B) by adding at the end the following:
       ``(B) Cooperation.--In accordance with section 
     202(a)(9)(A), an Indian tribe may use amounts described in 
     subparagraph (A) in cooperation with States, counties, and 
     other local subdivisions for highway safety purposes.''.

     SEC. 5. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL 
                   PROJECTS PROGRAM.

       Section 1123 of the FAST Act (23 U.S.C. 201 note; Public 
     Law 114-94) is amended--
       (1) in subsection (c)(3), by inserting ``for a project that 
     is to be carried out by an eligible entity that is not an 
     Indian tribe,'' before ``having an''; and
       (2) in subsection (g)(1)--
       (A) by striking ``shall be up to'' and inserting the 
     following: ``shall be--
       ``(A) for a project carried out by an Indian tribe, up to 
     100 percent; and
       ``(B) for a project not described in subparagraph (A), up 
     to''.

     SEC. 6. TRIBAL TRANSPORTATION ADVISORY COMMITTEE.

       (a) Establishment.--Subject to the availability of 
     appropriations, not later than 180 days after the date of 
     enactment of this Act, the Secretary of the Interior 
     (referred to in this section as the ``Secretary'') shall 
     establish within the Bureau of Indian Affairs a committee, to 
     be known as the ``Tribal Transportation Advisory Committee'' 
     (referred to in this section as the ``Committee''), which 
     shall replace the Tribal Transportation Program Coordinating 
     Committee established under sections 170.135 through 170.137 
     of title 25, Code of Federal Regulations (as in effect on the 
     date of enactment of this Act).
       (b) Membership.--
       (1) In general.--The Committee shall be composed of--
       (A) the Secretary (or a designee);
       (B) representatives of a diverse group of Indian tribes, 
     including--
       (i) not fewer than 1 tribal representative from each region 
     of the Bureau of Indian Affairs; and
       (ii) not more than 3 tribal representatives from any 1 
     region of the Bureau of Indian Affairs;
       (C) State and local representatives;
       (D) not fewer than 1 representative of the Bureau of Indian 
     Affairs;
       (E) not fewer than 1 representative of the Department of 
     Transportation; and
       (F) other members, as determined to be appropriate by the 
     Secretary in consultation with the Committee.
       (2) Appointment.--The Secretary shall appoint each member 
     of the Committee.
       (3) Chairperson.--The Secretary (or a designee) shall serve 
     as chairperson of the Committee.
       (c) Terms.--Except for the Secretary, each member of the 
     Committee shall serve for a term of 3 years.
       (d) Vacancies.--Any vacancy occurring in the membership of 
     the Committee--
       (1) shall be filled in the same manner as the original 
     appointment was made; and
       (2) shall not affect the power of the remaining members to 
     carry out the duties of the Committee.

[[Page S1225]]

       (e) Duties.--
       (1) In general.--The Committee shall--
       (A) regularly provide advice to the Secretary on and, 
     subject to the discretion of the Committee, study issues 
     relating to tribal transportation, including--
       (i) the tribal transportation program under section 202 of 
     title 23, United States Code, including--

       (I) the funding formula used to determine tribal shares 
     under the tribal transportation program; and
       (II) the national tribal transportation facility inventory 
     established under subsection (b)(1) of that section;

       (ii) the road maintenance program managed by the Bureau of 
     Indian Affairs;
       (iii) grants awarded to Indian tribes for public 
     transportation using amounts made available under section 
     5311(c)(1) of title 49, United States Code;
       (iv) transportation safety within tribal reservations, 
     including--

       (I) traffic safety; and
       (II) safety partnerships with Federal, State, and local 
     authorities;

       (v) the availability of transportation funding in the event 
     of a natural disaster; and
       (vi) any other policies or procedures related to tribal 
     transportation, as determined by the Committee; and
       (B) carry out the duties of the Tribal Transportation 
     Program Coordinating Committee established under sections 
     170.135 through 170.137 of title 25, Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     Act).
       (2) Best practices and recommendations.--The Committee may, 
     on a periodic basis, develop and present to the Secretary 
     best practices and recommendations regarding the issues 
     described in clauses (i) through (vi) of paragraph (1)(A).
       (3) Subcommittees.--The Committee may establish any 
     subcommittees necessary to carry out the duties of the 
     Committee.
       (f) Report to Congress.--Not later than 180 days after 
     receiving any recommendations from the Committee under 
     subsection (e)(2), the Secretary shall submit to the relevant 
     committees of Congress a report describing those 
     recommendations.
       (g) Federal Advisory Committee Act.--Except as otherwise 
     provided in this section, the Federal Advisory Committee Act 
     (5 U.S.C. App.) shall apply to the Committee and each 
     subcommittee of the Committee.
       (h) Detail of Federal Employees.--
       (1) In general.--On request of the Committee, the Secretary 
     may detail, with or without reimbursement, any of the 
     personnel of the Department of the Interior or, in 
     consultation with the Secretary of Transportation, the 
     Department of Transportation, to the Committee to assist the 
     Committee in carrying out the duties of the Committee.
       (2) Civil service status.--Any detail of a Federal employee 
     under paragraph (1) shall not interrupt or otherwise affect 
     the civil service status or privileges of the Federal 
     employee being detailed.
       (i) Payment and Expenses.--
       (1) Compensation.--Members of the Committee shall serve 
     without pay.
       (2) Travel expenses.--Each member of the Committee shall 
     receive, for a meeting called by the Secretary, travel 
     expenses, including per diem in lieu of subsistence, in 
     accordance with sections 5702 and 5703 of title 5, United 
     States Code.
       (j) Termination.--The Committee, including subcommittees of 
     the Committee, shall terminate on the date that is 10 years 
     after the date of enactment of this Act.

                          ____________________