Congressional Record, Volume 167 Issue 93 (Thursday, May 27, 2021)

[Congressional Record Volume 167, Number 93 (Thursday, May 27, 2021)]
[Senate]
[Pages S3897-S3901]
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, Ms. Hassan, Mr. Moran, and Ms. Cortez
Masto):
S. 1885. A bill to provide funds to assess the availability,
accelerate the deployment, and improve the sustainability of advanced
communications services and communications infrastructure in rural
America, and for

[[Page S3898]]

other purposes; to the Committee on Commerce, Science, and
Transportation.
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. 1885

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 ``Rural Connectivity
Advancement Program Act of 2021''.

SEC. 2. DEPOSIT OF SPECTRUM AUCTION PROCEEDS IN RURAL
BROADBAND ASSESSMENT AND DEPLOYMENT FUND.

Section 309(j)(8) of the Communications Act of 1934 (47
U.S.C. 309(j)(8)) is amended--
(1) in subparagraph (A), by striking ``and (G)'' and
inserting ``(G), and (H)''; and
(2) by adding at the end the following:
``(H) Certain proceeds designated for rural broadband
assessment and deployment fund.--
``(i) Assessment and deployment set-aside.--Notwithstanding
subparagraph (A), and except as provided in subparagraphs
(B), (D), (E), (F), and (G), 10 percent of the net proceeds
from each use of a system of competitive bidding under this
subsection that is mandated by an Act of Congress and that
begins on or after the date of enactment of the Rural
Connectivity Advancement Program Act of 2021 shall be
deposited in the Rural Broadband Assessment and Deployment
Fund established under section 3 of that Act.
``(ii) Definition.--For purposes of this subparagraph, the
term `net proceeds', with respect to the use of a system of
competitive bidding, means the proceeds remaining after
subtracting all auction-related expenditures, including--

``(I) relocation payments, including accelerated relocation
payments;
``(II) payments to incumbent licensees for the
relinquishment of all or a portion of the spectrum usage
rights of those licensees;
``(III) costs associated with the reallocation of spectrum,
whether on an exclusive or shared use basis;
``(IV) relocation or sharing costs, including for planning
for relocation or sharing; and
``(V) bidding credits.''.

SEC. 3. DIRECTION AND USE OF RURAL BROADBAND ASSESSMENT AND
DEPLOYMENT FUND PROCEEDS.

(a) Definitions.--In this section--
(1) the term ``Commission'' means the Federal
Communications Commission;
(2) the term ``high-cost programs'' means--
(A) the program for Universal Service Support for High-Cost
Areas set forth under subpart D of part 54 of title 47, Code
of Federal Regulations, or any successor regulations;
(B) the Rural Digital Opportunity Fund set forth under
subpart J of part 54 of title 47, Code of Federal
Regulations, or any successor regulations;
(C) the Interstate Common Line Support Mechanism for Rate-
of-Return Carriers set forth under subpart K of part 54 of
title 47, Code of Federal Regulations, or any successor
regulations;
(D) the Mobility Fund set forth under subpart L of part 54
of title 47, Code of Federal Regulations, or any successor
regulations;
(E) the High Cost Loop Support for Rate-of-Return Carriers
program set forth under subpart M of part 54 of title 47,
Code of Federal Regulations, or any successor regulations;
(F) the Uniendo a Puerto Rico Fund and the Connect USVI
Fund set forth under subpart O of part 54 of title 47, Code
of Federal Regulations, or any successor regulations; and
(G) the Rural Broadband Experiments, as established by the
Commission under part 54 of title 47, Code of Federal
Regulations;
(3) the term ``net proceeds'' has the meaning given the
term in subparagraph (H) of section 309(j)(8) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)), as added by
section 2 of this Act; and
(4) the term ``Rural Broadband Assessment and Deployment
Fund'' means the fund established under subsection (b).
(b) Establishment of Fund.--There is established in the
Treasury of the United States a fund to be known as the
``Rural Broadband Assessment and Deployment Fund''.
(c) Borrowing Authority.--
(1) In general.--With respect to any auction described in
subparagraph (H)(i) of section 309(j)(8) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)), as added by
section 2 of this Act, on or after the date on which the
Commission makes a final determination of the amount of net
proceeds that will be deposited in the Rural Broadband
Assessment and Deployment Fund under such subparagraph (H)(i)
as a result of that auction, the Commission may borrow not
more than that amount from the Treasury of the United States.
(2) Reimbursement.--The Commission shall reimburse the
general fund of the Treasury, without interest, for any
amounts borrowed under paragraph (1) as funds are deposited
into the Rural Broadband Assessment and Deployment Fund.
(d) Availability of Amounts.--Any amounts borrowed under
subsection (c)(1) and any amounts in the Rural Broadband
Assessment and Deployment Fund that are not necessary for
reimbursement of the general fund of the Treasury for such
borrowed amounts shall be available to the Commission for use
in accordance with subsection (e).
(e) Use of Amounts.--
(1) Establishment of program or programs.--The Commission
shall use the amounts made available under subsection (d) to
establish 1 or more programs that are separate from, but are
coordinated with and complement, the high-cost programs to
address--
(A) gaps that remain in broadband internet access service
coverage in high-cost rural areas despite the operations of
the high-cost programs; and
(B) shortfalls in sufficient funding of the high-cost
programs that could adversely affect the sustainability of
services or reasonable comparability of rates that are
supported by those programs.
(2) Purposes.--In carrying out paragraph (1), the
Commission shall use amounts made available under subsection
(d) in an efficient and cost-effective manner only--
(A) for the assessment of, and to provide subsidies in a
technology-neutral manner through a competitive process
(subject to weighting preferences for performance quality and
other service metrics as the Commission may find appropriate)
to providers for support of, deployment of broadband-capable
infrastructure in high-cost rural areas that the Commission
determines are unserved by fixed terrestrial broadband
internet access service at a download speed of not less than
25 megabits per second and an upload speed of not less than 3
megabits per second (or such higher speed as the Commission
may determine appropriate based upon an evolving definition
of universal service); and
(B) to assess, and provide subsidies to providers to enable
providers to sustain, broadband internet access service in
any rural area in which--
(i) not more than 1 provider of fixed terrestrial broadband
internet access service operates; and
(ii) the high-cost nature of the area precludes the
offering of voice service and broadband internet access
service at rates and performance levels available in urban
areas as determined by the Urban Rate Survey conducted by the
Commission.
(3) Tribal considerations.--In distributing amounts under
this subsection, the Commission shall consider the broadband
internet access service needs of residents of Tribal lands
(as defined in section 54.400 of title 47, Code of Federal
Regulations, or any successor regulation).
(4) Limitations.--
(A) Prohibition on funding other programs.--
(i) In general.--The Commission may not use amounts made
available under subsection (d) to fund any program that was
not established by the Commission under paragraph (1) of this
subsection, including any program established under section
254 of the Communications Act of 1934 (47 U.S.C. 254) in
effect on the date of enactment of this Act, except for using
the Universal Service Administrative Company to administer
funding.
(ii) Rule of construction.--Nothing in clause (i) shall be
construed to prohibit the Commission from using amounts made
available under subsection (d) to supplement the provision of
support under the high-cost programs, as authorized under
paragraph (1)(B) of this subsection.
(B) Transparency and accountability for addressing gaps in
coverage.--The Commission shall establish transparency and
accountability requirements for amounts made available for
the purpose set forth in paragraph (1)(A) that, at a
minimum--
(i) provide--

(I) a process for challenging any initial determination by
the Commission regarding whether an area is served or
unserved; and
(II) written public notice on the website of the Commission
of--

(aa) how each challenge under subparagraph (I) was decided;
and
(bb) the reasons of the Commission for each decision;
(ii) establish broadband service buildout milestones and
require periodic certification by funding recipients to
ensure compliance with the broadband service buildout
milestones;
(iii) establish a maximum buildout timeframe of 4 years
beginning on the date on which funding is provided to a
funding recipient;
(iv) establish periodic reporting requirements for funding
recipients that identify, at a minimum, the speed of, and
technology used for, the service provided in each area where
funding is provided;
(v) establish standard penalties for noncompliance with the
requirements established under this subparagraph and as may
be further prescribed by the Commission;
(vi) establish procedures for recovery of funds, in whole
or in part, from funding recipients in the event of default
or noncompliance with the requirements established under this
subparagraph and as may be further prescribed by the
Commission; and
(vii) require a funding recipient to--

(I) offer voice service and broadband internet access
service; and
(II) permit a consumer to subscribe to one type of service
described in subclause (I) or both types.

[[Page S3899]]

Commission shall establish transparency and accountability
requirements for amounts made available for the purpose set
forth in subparagraph (1)(B) that, at a minimum--
(i) establish periodic reporting and certification
requirements for funding recipients to ensure that the
funding results in the offering of voice service and
broadband internet access service at reasonably comparable
rates and performance levels;
(ii) establish standard penalties for noncompliance with
the requirements established under this subparagraph and as
may be further prescribed by the Commission;
(iii) establish procedures for recovery of funds, in whole
or in part, from funding recipients in the event of default
or noncompliance with the requirements established under this
subparagraph and as may be further prescribed by the
Commission; and
(iv) require a funding recipient to--

(I) offer voice service and broadband internet access
service; and
(II) permit a consumer to subscribe to one type of service
described in subclause (I) or both types.

(f) Reports.--
(1) Annual auction proceeds deployment report.--Not later
than 270 days after the date of enactment of this Act, and
not less frequently than annually thereafter until all
amounts have been distributed, the Commission shall publish
and submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report on the
distribution of amounts made available under subsection (d).
(2) Auction-specific deposit reports.--Not later than 30
days after the date on which the Commission announces the
results of an auction described in subparagraph (H)(i) of
section 309(j)(8) of the Communications Act of 1934 (47
U.S.C. 309(j)(8)), as added by section 2 of this Act, the
Commission shall publish and submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report that estimates the amount of net
proceeds that will be deposited in the Rural Broadband
Assessment and Deployment Fund under that subparagraph as a
result of that auction.
______

By Mr. DURBIN (for himself and Ms. Duckworth):
S. 1903. A bill to require the Administrator of the Environmental
Protection Agency to revise certain ethylene oxide emissions standards
under the Clean Air Act, and for other purposes; to the Committee on
Environment and Public Works.
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. 1903

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

SECTION 1. ETHYLENE OXIDE EMISSIONS STANDARDS.

(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator'') shall amend subpart O of part 63 of title
40, Code of Federal Regulations--
(1) to revise the standards for the emission of ethylene
oxide under that subpart based on the results described in
the report of the National Center for Environmental
Assessment of the Environmental Protection Agency entitled
``Evaluation of the Inhalation Carcinogenicity of Ethylene
Oxide'' and dated December 2016;
(2) to apply maximum achievable control technology (within
the meaning of the Clean Air Act (42 U.S.C. 7401 et seq.))
requirements to chamber exhaust vents; and
(3) to apply to area sources and major sources (as those
terms are defined in section 112(a) of the Clean Air Act (42
U.S.C. 7412(a))) of ethylene oxide.
(b) Residual Risk Review.--Not later than 180 days after
the date on which the Administrator finalizes the revised
standards required under subsection (a), the Administrator
shall carry out a residual risk assessment pursuant to
section 112(f)(2) of the Clean Air Act (42 U.S.C. 7412(f)(2))
with respect to the revised standards.
(c) Notification.--
(1) In general.--Not later than 30 days after the
Administrator learns of a violation of the standards revised
under subsection (a), the Administrator shall notify the
public of the violation in a manner determined to be
appropriate by the Administrator.
(2) Failure to notify.--If the Administrator fails to
notify the public under paragraph (1) by the end of the
period described in that paragraph, the Inspector General of
the Environmental Protection Agency shall carry out an
investigation to determine--
(A) the reason or reasons for which the Administrator
failed to notify the public;
(B) the public health risks associated with the failure of
the Administrator to notify the public; and
(C) any steps the Administrator should take to ensure the
Administrator meets the requirements described in paragraph
(1) in the future.
______

By Mrs. FEINSTEIN (for herself and Mr. Padilla):
S. 1906. A bill to amend the Federal Water Pollution Control Act to
establish a grant program to support the restoration of San Francisco
Bay, and for other purposes; to the Committee on Environment and Public
Works.
Mrs. FEINSTEIN. Mr. President, I am pleased to introduce the ``San
Francisco Bay Restoration Act.'' Thank you to Senator Padilla for
cosponsoring and I am happy to be once again be working with
Congresswoman Jackie Speier, who is leading the bill in the House.
This legislation would create a San Francisco Bay Program within the
Environmental Protection Agency dedicated to conserving and protecting
the San Francisco Bay estuary ecosystem--the largest estuary in the
western United States.
The San Francisco Bay estuary is truly a national treasure, and it is
vital to the nation's environmental and economic health. It is home to
more than 1,000 plant and wildlife species, roughly 77% of California's
remaining perennial estuarine wetlands, and an important stopover for
birds along the Pacific Flyway. The Bay region produces more than $370
billion in goods and supports more than 4 million jobs.
Unfortunately, during the last 150 years, the water quality and
health of the San Francisco Bay has been diminished. According to the
United States Geological Survey, the Bay has lost 95% of its wetlands,
which serve as both habitat for vulnerable species and as an important
barrier to protect against climate change impacts such as rising sea
levels and extreme weather events made only more common by global
warming.
The program created within EPA to focus on the San Francisco Bay
Estuary would increase federal investment into the San Francisco Bay
Estuary to ensure that it can continue to support the environment,
agriculture, and economy for generations to come.
A 2018 General Accounting Office report on the San Francisco Bay
Delta Watershed found that the lack of sufficient Federal funding is
one of the biggest risks to long-term restoration efforts, and a major
factor limiting habitat restoration and water quality improvement.
The GAO noted that while Bay Area voters established a local funding
source through a bond measure for some Bay restoration, local funding
``needs to be leveraged by significant state and Federal dollars to
meet the estimated $1.5 billion needed for restoration in the Bay
Area.''
This bill recognizes the important restoration work that must be done
to protect and restore the iconic San Francisco Bay Estuary. It
authorizes $50 million per year for five years for the creation of the
San Francisco Program office.
This program office would work with local stakeholders to compile an
annual list of project and study priorities that advance the goals of
the National Estuary Program for the San Francisco Bay estuary.
Funds would be distributed by the agency in a competitive grant
program, prioritizing projects that improve water quality, provide
wetland restoration, promote endangered species recovery, and support
adaptation to climate change.
This legislation would bring the Federal funding investment in line
with other major estuaries in the country, like the Chesapeake Bay,
Great Lakes, and Puget Sound.
This is another example of the type of front-end investment in green
infrastructure and natural resources that will only pay dividends in
the future and, most importantly, for future generations.
I urge my colleagues to join me in supporting this bill.
Thank you, Mr. President, I yield the floor.
______

By Mr. PADILLA (for himself, Mr. Coons, Mr. Durbin, Ms. Warren,
Mr. Booker, Mr. Markey, Ms. Cortez Masto, and Ms. Hirono):
S. 1912. A bill to clarify the rights of certain persons who are held
or detained at a port of entry or at any facility overseen by U.S.
Customs and

[[Page S3900]]

Border Protection; to the Committee on the Judiciary.
Mr. PADILLA. Mr. President, I rise to introduce the ``Access to
Counsel Act.''
This legislation would ensure that all individuals with a legal right
to be in the United States and are detained by Customs and Border
Protection at ports of entry or airports have access to legal counsel.
This legislation would ensure that individuals who have legal status
in the U.S. and are detained by Customs and Border Protection in
secondary inspection at airports or other points of entry for more than
an hour are granted an opportunity to access legal counsel and an
interested party. An interested party is defined as a family member,
sponsor, or organization with a connection to the individual.
The bill provides no obligation for the Federal government to pay for
counsel and allows counsel the ability to advocate on behalf of the
individual by providing information or documentation in support of the
individual.
It also invalidates any effort by CBP to persuade someone to
relinquish their legal status if that person has been denied access to
counsel or voluntarily waives in writing their right to counsel.
The Trump Administration's immigration policies often caused
unnecessary chaos and confusion.
One vivid example of this is when the first Muslim Ban was
implemented, in early 2017, and thousands of U.S. citizens, green card
holders, and others with valid visas were detained at airports for
hours.
They were held by Customs and Border Protection officers without any
ability to call a lawyer, a relative or an advocate. Many members of
Congress rushed to the airports in an attempt to help these individuals
and were barred from speaking to them or connecting them with
attorneys.
In addition, in early 2020, 200 Iranian Americans were held at the
northern border in Blaine, WA for 12 hours without access to counsel.
While President Biden has rescinded the travel bans, it is imperative
that Americans and those with a legal right to be here have access to
representation if they are held at a port of entry.
Thank you, Mr. President. I yield the floor.
______

By Ms. COLLINS (for herself, Mr. Cardin, Mr. Marshall, Ms.
Stabenow, Mrs. Capito, Mr. King, Mr. Cassidy, Ms. Sinema, Mr.
Menendez, and Ms. Rosen):
S. 1943. A bill to amend title XVIII of the Social Security Act to
improve access to, and utilization of, bone mass measurement benefits
under part B of the Medicare program by establishing a minimum payment
amount under such part for bone mass measurement; to the Committee on
Finance.
Ms. COLLINS. Mr. President, I rise today to reintroduce legislation
with my colleague from Maryland, Senator Ben Cardin, to increase access
to preventive bone density screenings and to improve osteoporosis
diagnosis and treatment in the process.
May is National Osteoporosis month. Approximately 54 million
Americans have osteoporosis or low bone mass. Women are
disproportionally affected, accounting for 71 percent of osteoporotic
fractures and 75 percent of health costs related to osteoporosis.
Osteoporosis is often called ``the silent disease'' because bone loss
usually occurs gradually over the years without symptoms. As the NIH
Osteoporosis and Related Bone Diseases National Resource Center
observes, falls are especially dangerous for people who are unaware
that they have low bone density. If the patient and the doctor fail to
identify the link between the broken bone and osteoporosis, the chance
to make a diagnosis with a bone density test and begin a treatment
program may be lost.
Our legislation, the Increasing Access to Osteoporosis Testing for
Medicare Beneficiaries Act of 2021, tackles a proven barrier to proper
screening by creating a floor reimbursement rate under Medicare for the
dual energy X-ray absorptiometry (DXA) test, the ``gold standard'' for
osteoporosis diagnosis.
Congress has twice recognized the importance of reversing Medicare
cuts to DXA reimbursement in order to maintain patient access to this
test, yet the Medicare reimbursement rate for DXA tests administered in
a doctor's office has declined from $140 in 2006 to only $42 in 2018--a
dramatic 70 percent decline. It is not surprising that this inadequate
reimbursement has led to a decline in screenings.
The National Osteoporosis Foundation has found that declining
reimbursement rates have created a 26 percent decline in physicians
performing DXA tests since 2008, resulting in a corresponding 22
percent decline in diagnoses since 2009.
Regrettably, the result of reduced screenings due to declining
reimbursements produces real harm. It is estimated that more than
40,000 additional hip fractures occur each year, resulting in nearly
10,000 additional hip fracture-related deaths. Keep in mind that these
painful and costly fractures, and even deaths, are all occurring at a
time when early diagnosis and treatment of osteoporosis are proven to
reduce fracture rates dramatically.
With osteoporosis already an under-diagnosed condition in the
Medicare population, it is clear that we must change this trajectory I
thank Senator Cardin for joining me in this effort to increase patient
access to osteoporosis screening and diagnosis, while lowering cost and
consequences resulting from a lack of diagnosis. I encourage my
colleagues to support its adoption. Thank you, Mr. President.
______

By Mr. REED (for himself and Mr. Tester):
S. 1944. A bill to improve Vet Centers of the Department of Veterans
Affairs, and for other purposes; to the Committee on Veterans' Affairs.
Mr. REED. Mr. President. as many of my colleagues know. the
transition from military to civilian life can be very difficult. To
address these kinds of challenges. Vet Centers were created in the wake
of the Vietnam War to provide critical services for veterans. service
members. and their families in community-based settings separate from
other Veterans Health Administration facilities. Today. there is a need
to enhance these Centers to continue to realize that original vision--
which is why I am reintroducing the Vet Center Improvement Act.
This legislation is the product of a Government Accountability Office
(GAO) investigation that Senator Tester and I requested into
allegations that changes to performance metrics at Vet Centers may have
negatively impacted quality of care as well as additional concerns that
we had about their staffing practices. The GAO report concluded that
recent changes ``have the potential to negatively affect care and
create undue burden and stress on counselors providing that care at
some Vet Centers.'' This report included recommendations to improve
care, transparency. and hiring and staffing methods that are the
foundation for our legislation.
Specifically, the Vet Center Improvement Act requires periodic review
and reform of performance standards at Vet Centers; the creation and
periodic reevaluation of a staffing model, along with standardization
of position descriptions and responsibilities across Vet Centers; the
creation of a working group to implement changes to improve quality of
care for veterans and recruitment and retention of staff; and the GAO
to review Vet Center infrastructure and examine what future investments
are needed. Additionally, our legislation creates a $50 million pilot
program to provide grants to combat food insecurity and provide
necessary heating and cooling assistance to veterans and their
families. Unfortunately, the COVID-19 pandemic has further underscored
the need for this legislation--to ensure that we are providing high
quality counseling services and offering programs that help our
veterans meet their daily needs, like feeding their families and
heating their homes.
I would like to thank Senator Tester for joining me in introducing
this important legislation and the attention he has paid to this issue
as Ranking Member and now Chairman of the Senate Veterans Affairs
Committee. Our legislation has received support from such organizations
as the Veterans of Foreign Wars (VFW), American Veterans (AMVETS),
National Community Action Foundation (NCAF), National Association for
State Community Services Programs (NASCSP). the National Energy &
Utility Affordability Coalition (NEUAC),

[[Page S3901]]

and the URI Feinstein Center for a Hunger Free America. I look forward
to continuing our partnership on this and other measures to improve
care for our veterans. and I hope our colleagues will join us in this
endeavor.
______

By Mr. REED:
S. 1954. A bill to reauthorize the John H. Chafee Blackstone River
Valley National Heritage Corridor, and for other purposes; to the
Committee on Energy and Natural Resources.
Mr. REED. Mr. President, today I am introducing legislation to
reauthorize the John H. Chafee Blackstone River Valley National
Heritage Corridor for the next fifteen years. This legislation will
continue to preserve the industrial, natural, and cultural heritage of
the Blackstone River Valley for generations to come.
In 1986, Congress designated the Blackstone River Valley as a
National Heritage Corridor, recognizing the region's critical
contributions to the American Industrial Revolution. Indeed, in 1793.
Samuel Slater initiated the American Industrial Revolution in Rhode
Island when he built his historic mill along the Blackstone River,
Today, the mills and villages throughout the Corridor reflect the
legacy of this key chapter in American history.
Encompassing both Rhode Island and Massachusetts, the John H. Chafee
Blackstone River Valley National Heritage Corridor links twenty-four
communities along the Blackstone River from Providence to Worcester.
The Corridor has also served as a critical partner to the Blackstone
River Valley National Historical Park, resulting in the recovery of
dozens of historic villages, waterways, and rural landscapes throughout
the Blackstone River Valley, which includes thousands of acres of
beautiful lands and waters that are home to diverse wildlife.
I urge my colleagues to join me in supporting this legislation to
ensure the continued preservation of the Blackstone River Valley for
the benefit of our natural resources and our country's history.

____________________