[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

[[Page S1648]]

     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

[[Page S1651]]

     Secretary of Labor shall have the authority and functions set 
     forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 
     1267; 5 U.S.C. App.) and section 3145 of title 40, United 
     States Code.

     SEC. 203. FUNDING.

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

                           TITLE III--REVENUE

     SEC. 301. CLIMATE CHANGE OBLIGATIONS.

       (a) In General.--Not later than 6 months after the date of 
     the enactment of this Act, the Secretary of the Treasury or 
     the Secretary's delegate (referred to in this title as the 
     ``Secretary'') shall issue obligations under chapter 31 of 
     title 31, United States Code (referred to in this title as 
     ``climate change obligations''), the proceeds from which 
     shall be deposited in the Fund.
       (b) Full Faith and Credit.--Payment of interest and 
     principal with respect to any climate change obligation 
     issued under this section shall be made from the general fund 
     of the Treasury of the United States and shall be backed by 
     the full faith and credit of the United States.
       (c) Exemption From Local Taxation.--All climate change 
     obligations issued by the Secretary, and the interest on or 
     credits with respect to such obligations, shall not be 
     subject to taxation by any State, county, municipality, or 
     local taxing authority.
       (d) Amount of Climate Change Obligations.--
       (1) In general.--Except as provided in paragraph (2), the 
     aggregate face amount of the climate change obligations 
     issued annually under this section shall be $200,000,000.
       (2) Additional obligations.--For any calendar year in which 
     all of the obligations issued pursuant to paragraph (1) have 
     been purchased, the Secretary may issue additional climate 
     change obligations during such calendar year, provided that 
     the aggregate face amount of such additional obligations does 
     not exceed $800,000,000.
       (e) Funding.--The Secretary shall use funds made available 
     to the Secretary and not otherwise obligated to carry out the 
     purposes of this section.

     SEC. 302. PROMOTION.

       (a) In General.--The Secretary shall promote the purchase 
     of climate change obligations through such means as are 
     determined appropriate by the Secretary, with the amount 
     expended for such promotion not to exceed $10,000,000 for any 
     fiscal year during the period of fiscal years 2022 through 
     2026.
       (b) Donated Advertising.--In addition to any advertising 
     paid for with funds made available under subsection (c), the 
     Secretary shall solicit and may accept the donation of 
     advertising relating to the sale of climate change 
     obligations.
       (c) Authorization of Appropriations.--For each fiscal year 
     during the period of fiscal years 2022 through 2026, there is 
     authorized to be appropriated $10,000,000 to carry out the 
     purposes of this section.
                                 ______
                                 
      By Ms. COLLINS (for herself and Ms. Smith):
  S. 876. A bill to amend the Richard B. Russell National School Lunch 
Act to require the Secretary of Agriculture to make loan guarantees and 
grants to finance certain improvements to school lunch facilities, to 
train school food service personnel, and for other purposes; to the 
Committee on Agriculture, Nutrition, and Forestry.
  Ms. COLLINS. Mr. President, I rise to introduce School Food 
Modernization Act to assist our schools in updating outdated kitchen 
equipment, allowing them to provide healthier meals to students. I also 
thank my colleague from Minnesota, Senator Smith, for cosponsoring this 
bill.
  School meals play a vital role in the lives of so many of our 
children. As one school nutrition director from Maine recently told me, 
school meals are the ``foundation for student success.'' Nearly 100,000 
schools participate in the National School Lunch program, serving 30 
million children each day, helping to prevent hunger. Many children 
consume up to half their daily caloric intake at school, and some get 
their most nutritious meals of the day at school instead of at home. 
Because school meals are a significant source of daily nutrition for so 
many, we must consistently aim to improve the program to best serve 
students.
  The COVID-19 pandemic has further highlighted the importance of 
school meals for many families. Across the country, schools and 
nutrition programs were adapted to remote and hybrid learning models 
during the pandemic. Nutrition programs in Maine and other states have 
tirelessly continued to support the nutritional needs of students 
despite school closures, with many schools offering as many as four or 
five meal delivery options to ensure families can continue to access 
food seven days a week. I met recently with school nutrition directors 
from Maine who said lack of equipment, including access to cold 
storage, has forced them to be even more creative in continuing to 
serve children across Maine during COVID-19. Many schools are using 
stoves from the 1960s and others lack adequate storage facilities to 
store the large amount of food needed to provide multi-day bulk meal 
bags for children and families who are learning remotely or attending 
school only part-time.
  The fact is schools built decades ago often lack the equipment and 
infrastructure necessary to do more than reheat and serve one or two 
meal options each day. Even before the pandemic, nearly 90 percent of 
schools needed at least one piece of updated school kitchen equipment. 
It is estimated that Maine schools alone would need $58.8 million for 
equipment infrastructure upgrades needed to serve healthy meals to all 
of our students. The Agriculture Appropriations Subcommittee, on which 
I serve, has consistently recognized this need and appropriated $30 
million for School Equipment Assistance Grants last year. The School 
Food Modernization Act would codify and improve this successful grant 
program to better meet the growing need nationwide.
  The School Food Modernization Act seeks to help school food service 
personnel offer a wide variety of nutritious and appealing meals to all 
students. First, the bill would provide targeted grant assistance to 
supply the seed funding needed to upgrade kitchen infrastructure or to 
purchase high-quality equipment. Second, it would establish a loan 
guarantee assistance program within USDA to help schools acquire new 
equipment. Finally, to aid school food services personnel in running 
successful, healthy programs, the legislation would authorize grants to 
support training and technical assistance for food service personnel.
  Mr. President, I encourage my colleagues to continue supporting 
school kitchen equipment needs as the Child Nutrition Reauthorization 
process takes shape. If our children are going to be able to learn and 
meet their full potential, they need their minds and bodies to be fully 
nourished. This bill would help us achieve that goal.

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