[Congressional Record Volume 167, Number 51 (Thursday, March 18, 2021)]
[Senate]
[Pages S1647-S1651]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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
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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
[[Page S1649]]
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.
[[Page S1650]]
(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
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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.
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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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