[Congressional Record Volume 169, Number 19 (Monday, January 30, 2023)]
[Senate]
[Pages S148-S151]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

  On Thursday, January 26, 2023, the Senate introduced S. 126 as 
follows:
      By Mr. DURBIN (for himself, Ms. Hirono, and Mr. Sanders):
  S. 126. A bill to make individuals responsible for undermining free 
and fair democratic elections inadmissible to the United States; to the 
Committee on the Judiciary.
  Mr. DURBIN. Madam 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. 126

       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 ``Fortifying Lawful Elections 
     and Democracy Accountability Act of 2023'' or the ``FLED 
     Accountability Act of 2023''.

     SEC. 2. INADMISSIBILITY OF INDIVIDUALS RESPONSIBLE FOR 
                   UNDERMINING FREE AND FAIR DEMOCRATIC ELECTIONS.

       (a) Determination.--
       (1) In general.--If the Secretary of State determines, on 
     the basis of credible information, that an individual who is 
     not a citizen of the United States knowingly took significant 
     action to inhibit or attempt to inhibit, while serving as an 
     official of the government of a foreign country, the lawful 
     democratic transition of power or the lawful functioning of 
     democratic electoral processes in that country, the Secretary 
     shall designate the individual as inadmissible to the United 
     States as described in subsection (b).
       (2) Designation.--The Secretary shall publicly or privately 
     designate under paragraph (1) an individual about whom the 
     Secretary has made a determination under that paragraph 
     without regard to whether the individual has applied for a 
     visa.
       (b) Inadmissibility of Certain Individuals.--
       (1) Ineligibility for visas and admission to the united 
     states.--An individual designated under subsection (a) is--
       (A) inadmissible to the United States;
       (B) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (C) otherwise ineligible to be admitted or paroled into the 
     United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (2) Current visas revoked.--
       (A) In general.--The visa or other entry documentation of 
     any individual designated under subsection (a) is subject to 
     revocation regardless of the issue date of the visa or other 
     entry documentation.
       (B) Immediate effect.--A revocation under subparagraph (A) 
     shall--
       (i) take effect immediately; and
       (ii) cancel any other valid visa or entry documentation 
     that is in the possession of the individual.
       (3) Exception to comply with international obligations.--
     This subsection shall not apply with respect to an individual 
     if admitting or paroling the individual into the United 
     States is necessary to permit the United States to comply 
     with the Agreement regarding the Headquarters of the United 
     Nations, signed at Lake Success June 26, 1947, and entered 
     into force November 21, 1947, between the United Nations and 
     the United States, or other applicable international 
     obligations.
       (c) Waiver.--The Secretary may waive the application of 
     subsection (b) with respect to an individual designated under 
     subsection (a) if the Secretary determines that such a waiver 
     is in the national interest of the United States.
       (d) Report Required.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary shall submit to the committees specified in 
     paragraph (3) a report--
       (A) identifying individuals designated under subsection (a) 
     during the year preceding submission of the report;
       (B) listing the waivers issued under subsection (c) during 
     that year; and
       (C) setting forth a justification for each such waiver.
       (2) Form of report; availability.--
       (A) Form.--Each report required by paragraph (1) shall be 
     submitted in unclassified form but may include a classified 
     annex.
       (B) Availability.--The unclassified portion of each report 
     required by paragraph (1) shall posted on a publicly 
     accessible website of the Department of State.
       (3) Committees specified.--The committees specified in this 
     paragraph are--
       (A) the Committee on the Judiciary and the Committee on 
     Foreign Relations of the Senate; and
       (B) the Committee on the Judiciary and the Committee on 
     Foreign Affairs of the House of Representatives.
       (e) Rule of Construction.--Nothing in this section may be 
     construed to apply to actions taken--
       (1) to provide assistance to promote democratic elections 
     or public participation in democratic processes; or
       (2) to support a democratic transition.
                                 ______
                                 
      By Mr. THUNE (for himself, Mr. Lujan, Ms. Klobuchar, and Mrs. 
        Fischer):
  S. 130. A bill to amend the Rural Electrification Act of 1936 to 
reauthorize and improve the ReConnect loan and grant program, and for 
other purposes; to the Committee on Agriculture, Nutrition, and 
Forestry.
  Mr. THUNE. Madam 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. 130

       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 Internet Improvement 
     Act of 2023''.

     SEC. 2. STREAMLINING BROADBAND AUTHORITIES.

       (a) In General.--Section 601 of the Rural Electrification 
     Act of 1936 (7 U.S.C. 950bb) is amended--
       (1) by striking the section heading and inserting 
     ``reconnect program'';
       (2) in subsection (b)--
       (A) by redesignating paragraph (3) as paragraph (4); and
       (B) by inserting after paragraph (2) the following:
       ``(3) Reconnect program.--The term `ReConnect Program' 
     means the program established under this section.'';

[[Page S149]]

       (3) in subsection (c)--
       (A) in paragraph (2)(A)--
       (i) in clause (i)--

       (I) in subclause (I), by striking ``10-Mbps'' and inserting 
     ``25-Mbps''; and
       (II) in subclause (II), by striking ``1-Mbps'' and 
     inserting ``3-Mbps''; and

       (ii) by striking clause (iv) and inserting the following:
       ``(iv) give priority to applications from applicants that 
     have demonstrated the technical and financial experience 
     required to construct and operate broadband networks.''; and
       (B) by adding at the end the following:
       ``(5) Applications.--The Secretary shall establish an 
     application process for grants, loans, and loan guarantees 
     under this section that--
       ``(A) reduces the amount of data required to apply by 
     limiting the required data to only--
       ``(i) the entity applying, excluding any parent or 
     affiliate entity that is not a party to the application, to 
     the greatest extent practicable; and
       ``(ii) the geographic area affected by the application, if 
     a parent or affiliate is not a party to the application;
       ``(B) simplifies the data interfaces for submission to the 
     greatest extent practicable; and
       ``(C) allows all applicants, regardless of whether an 
     applicant is publicly traded, to rely on a bond rating of at 
     least investment grade (when bond ratings are available) in 
     place of financial documentation.'';
       (4) in subsection (d)--
       (A) in paragraph (1)--
       (i) in subparagraph (B), by striking ``subsection (j)'' and 
     inserting ``subsection (l)''; and
       (ii) by adding at the end the following:
       ``(C) Grant requirements.--The Secretary--
       ``(i) shall not restrict the eligibility of an entity for a 
     grant under this section based on the legal structure of the 
     entity;
       ``(ii) shall allow entities to apply for a grant under this 
     section without regard to, or preference for, the legal 
     structure of an entity;
       ``(iii) in determining the financial ability of an entity 
     to carry out a project using a grant under this section, 
     shall allow the entity to demonstrate that financial ability 
     by methods that--

       ``(I) the Secretary determines to be the least burdensome; 
     and
       ``(II) subject to clause (v), are not limited to providing 
     the Federal Government an exclusive first lien on all grant-
     funded assets during the service obligation of the grant;

       ``(iv) subject to clause (v), in determining the required 
     collateral to secure grant funds or to secure performance 
     during the service obligation of a grant, shall allow an 
     awardee to offer alternative security, such as a letter of 
     credit, in lieu of providing the Federal Government an 
     exclusive first lien on all grant-funded assets; and
       ``(v) if the Secretary reasonably determines that 
     alternative methods or alternative security established under 
     clause (iii)(II) or (iv) are insufficient to secure 
     performance with respect to a project under this section--

       ``(I) may require an entity to provide the Federal 
     Government an exclusive first lien all grant-funded assets 
     during the service obligation of the grant; and
       ``(II) shall release that lien after the Secretary 
     determines that the entity is performing to the satisfaction 
     of the Secretary.''; and

       (B) in paragraph (2)--
       (i) in subparagraph (A)(i), by striking ``50'' and 
     inserting ``90''; and
       (ii) by adding at the end the following:
       ``(D) Obligations to provide broadband service in the same 
     service territory.--
       ``(i) Definition of broadband infrastructure.--In this 
     subparagraph, the term `broadband infrastructure' means any 
     cables, fiber optics, wiring, or other permanent 
     infrastructure that is integral to the structure, including 
     fixed wireless infrastructure, that--

       ``(I) is capable of providing access to internet 
     connections in individual locations; and
       ``(II) offers an advanced telecommunications capability (as 
     defined in section 706(d) of the Telecommunications Act of 
     1996 (47 U.S.C. 1302(d))).

       ``(ii) Other providers.--The Secretary shall consider a 
     proposed service territory with respect to which an eligible 
     entity submits an application to carry out a project under 
     this section to be served by broadband service if a broadband 
     service provider other than that eligible entity is subject 
     to an obligation by a Federal, State, or local government 
     entity to build broadband infrastructure and offer broadband 
     service in that service territory, subject to conditions--

       ``(I) under a Federal, State, or local funding award 
     program; or
       ``(II) otherwise required by the Federal, State, or local 
     government entity.

       ``(iii) Other funding.--Subject to clause (iv), the 
     Secretary shall not be required to consider a proposed 
     service territory with respect to which an eligible entity 
     submits an application to carry out a project under this 
     section to be served by broadband service if that eligible 
     entity has accepted an obligation under a Federal, State, or 
     local funding award program to build broadband infrastructure 
     and offer broadband service in that service territory, if the 
     proposed project under this section--

       ``(I) would not be duplicative of the obligation under the 
     other award program; and
       ``(II) would build broadband infrastructure that results in 
     faster speeds or expedited milestones of deployment of 
     broadband infrastructure in that service territory, as 
     compared to the obligation under the other award program.

       ``(iv) Other obligations for lower transmission capacity.--
     The Secretary shall consider a proposed service territory 
     with respect to which an eligible entity submits an 
     application to carry out a project under this section to be 
     unserved by broadband service if an obligation under another 
     award program described in clause (iii) would not provide 
     broadband service of at least--

       ``(I) a 25-Mbps downstream transmission capacity; and
       ``(II) a 3-Mbps upstream transmission capacity.

       ``(E) Requirements for funding.--
       ``(i) Affiliate owned and operated networks.--A grant, 
     loan, or loan guarantee under this section may be used to 
     construct networks that will be owned and operated by an 
     affiliate of the eligible entity receiving the grant, loan, 
     or loan guarantee, subject to the condition that the eligible 
     entity, the affiliate, or both, as the Secretary determines 
     to be necessary, shall provide adequate security for the 
     grant, loan, or loan guarantee.
       ``(ii) Negative covenants and conditions.--To the greatest 
     extent practicable, a project carried out using a grant, 
     loan, or loan guarantee under this section shall not add any 
     new negative covenants or conditions to the grant, loan, or 
     loan guarantee agreement that were not previously disclosed 
     to the eligible entity at the time of application for the 
     grant, loan, or loan guarantee.
       ``(iii) Ownership of systems.--

       ``(I) In general.--A network constructed with a grant, 
     loan, or loan guarantee under this section may be transferred 
     to an unaffiliated provider that agrees--

       ``(aa) to assume the service obligation; and
       ``(bb) to provide appropriate and sufficient security for 
     that network.

       ``(II) Determination.--The Secretary shall not unreasonably 
     withhold consent to enter into an appropriate agreement 
     described in subclause (I) with the transferee based on an 
     evaluation by the Secretary of the ability of the transferee 
     to assume the agreement and provide security described in 
     item (bb) of that subclause.

       ``(iv) Reporting and auditing.--The Secretary shall--

       ``(I) simplify, to the maximum extent practicable, ongoing 
     reporting and auditing requirements for recipients of a 
     grant, loan, or loan guarantee under this section; and
       ``(II) allow a recipient described in subclause (I) whose 
     financial information is consolidated with the financial 
     information of a parent entity to rely on that consolidated 
     financial information in complying with the requirements 
     described in that subclause if the parent entity is providing 
     a guarantee on behalf of a subsidiary of the parent entity 
     with respect to the grant, loan, or loan guarantee.

       ``(v) Procurement and contracting.--The Secretary--

       ``(I) shall simplify, to the maximum extent practicable, 
     requirements for recipients of a grant, loan, or loan 
     guarantee under this section relating to the procurement of 
     materials and retention of contractors; and
       ``(II) shall not unreasonably restrict the ability of a 
     recipient described in subclause (I) to obtain goods and 
     services from affiliated entities.'';

       (5) in subsection (e)(1)--
       (A) in subparagraph (A), by striking ``25-Mbps'' and 
     inserting ``100-Mbps''; and
       (B) in subparagraph (B), by striking ``3-Mbps'' and 
     inserting ``20-Mbps'';
       (6) by redesignating subsections (j) and (k) as subsections 
     (l) and (m), respectively;
       (7) by inserting after subsection (i) the following:
       ``(j) Regulations.--The Secretary shall issue regulations 
     to carry out this section in accordance with section 553 of 
     title 5, United States Code.
       ``(k) Annual Reports.--Not later than 120 days after the 
     date of enactment of the Rural Internet Improvement Act of 
     2023, and not less frequently than annually thereafter, the 
     Secretary shall--
       ``(1) publish a report describing--
       ``(A) the distribution of amounts made available under the 
     ReConnect Program for the preceding year;
       ``(B) the number of locations at which broadband service 
     was made available using amounts under the ReConnect Program 
     for the preceding year;
       ``(C) the number of locations described in subparagraph (B) 
     at which broadband service was used; and
       ``(D) the highest level of broadband service made available 
     at each location described in subparagraph (B); and
       ``(2) submit the report described in paragraph (1) to--
       ``(A) the Committee on Agriculture, Nutrition, and Forestry 
     of the Senate;
       ``(B) the Committee on Commerce, Science, and 
     Transportation of the Senate;
       ``(C) the Committee on Agriculture of the House of 
     Representatives; and
       ``(D) the Committee on Energy and Commerce of the House of 
     Representatives.''; and
       (8) in subsection (l) (as so redesignated), in paragraph 
     (1), by striking ``$350,000,000 for each of fiscal years 2019 
     through 2023'' and inserting ``such sums as are necessary for 
     each fiscal year''.

[[Page S150]]

       (b) Sunset.--Beginning on the date that is 120 days after 
     the date of enactment of this Act, section 779 of division A 
     of the Consolidated Appropriations Act, 2018 (Public Law 115-
     141; 132 Stat. 399), shall have no force or effect.
       (c) Transfer of Amounts.--The unobligated balance, as of 
     the date that is 120 days after the date of enactment of this 
     Act, of any amounts made available to carry out the pilot 
     program described in section 779 of division A of the 
     Consolidated Appropriations Act, 2018 (Public Law 115-141; 
     132 Stat. 399)--
       (1) is transferred to, and merged with, amounts made 
     available to carry out section 601 of the Rural 
     Electrification Act of 1936 (7 U.S.C. 950bb); and
       (2) shall remain available, until expended, and without 
     further appropriation, to carry out the ReConnect Program 
     established under that section.
       (d) Effect.--Title VI of the Rural Electrification Act of 
     1936 (7 U.S.C. 950bb et seq.) is amended by adding at the end 
     the following:

     ``SEC. 607. EFFECT.

       ``Nothing in this title authorizes the Secretary to 
     regulate rates charged for broadband service.''.
       (e) Public Notice, Assessments, and Reporting 
     Requirements.--Section 701 of the Rural Electrification Act 
     of 1936 (7 U.S.C. 950cc) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)(A), by inserting ``, including a 
     complete shapefile map'' after ``applicant''; and
       (B) in paragraph (2)(D), by striking ``(c)'' and inserting 
     ``(d)'';
       (2) by redesignating subsections (b) through (e) as 
     subsections (c) through (f), respectively;
       (3) by inserting after subsection (a) the following:
       ``(b) Challenge Process.--
       ``(1) In general.--The Secretary shall establish a 
     transparent, evidence based, and expeditious process for 
     challenging, with respect to any area for which assistance is 
     sought under an application described in subsection (a)(1), 
     whether that area has access to broadband service.
       ``(2) Notice.--The Secretary shall make publicly available 
     on the website of the Department of Agriculture a written 
     notice describing--
       ``(A) the decision of the Secretary on each challenge 
     submitted under paragraph (1); and
       ``(B) the reasons for each decision described in 
     subparagraph (A).''; and
       (4) by adding at the end the following:
       ``(g) Public Notice of Eligible Funding Areas.--Prior to 
     making available to the public the database under subsection 
     (a), the Secretary shall make available to the public a fully 
     searchable database on the website of the Rural Utilities 
     Service that contains information on areas eligible for 
     assistance under retail broadband projects that are 
     administered by the Secretary in accordance with the maps 
     created by the Federal Communications Commission under 
     section 802(c)(1) of the Communications Act of 1934 (47 
     U.S.C. 642(c)(1)).''.
       (f) Federal Broadband Program Coordination.--Section 6212 
     of the Agriculture Improvement Act of 2018 (7 U.S.C. 950bb-6) 
     is amended--
       (1) by redesignating subsections (a), (b), (c), and (d) as 
     subsections (b), (c), (e), and (a), respectively, and moving 
     the subsections so as to appear in alphabetical order;
       (2) in subsection (a) (as so redesignated), in paragraph 
     (3), by striking ``section 601(b)(3) of the Rural 
     Electrification Act of 1936'' and inserting ``section 601(b) 
     of the Rural Electrification Act of 1936 (7 U.S.C. 
     950bb(b))'';
       (3) in subsection (c) (as so redesignated), in paragraph 
     (1)--
       (A) by striking ``The Secretary'' and inserting the 
     following:
       ``(A) In general.--The Secretary''; and
       (B) by adding at the end the following:
       ``(B) Reconnect program.--On awarding a grant, loan, or 
     loan guarantee under the ReConnect Program established under 
     section 601 of the Rural Electrification Act of 1936 (7 
     U.S.C. 950bb), the Secretary shall notify the Commission of 
     that award.''; and
       (4) by inserting after subsection (c) (as so redesignated) 
     the following:
       ``(d) Memorandum of Understanding Relating to Outreach.--
     The Secretary shall enter into a memorandum of understanding 
     with the Assistant Secretary and the Commission to facilitate 
     outreach to residents and businesses in rural areas, 
     including--
       ``(1) to evaluate the broadband service needs in rural 
     areas;
       ``(2) to inform residents and businesses in rural areas of 
     available Federal programs that promote broadband access, 
     broadband affordability, and broadband inclusion; and
       ``(3) for such additional goals as the Secretary, the 
     Assistant Secretary, and the Commission determine to be 
     appropriate.''.
                                 ______
                                 
      By Ms. COLLINS (for herself, Mr. Warner, Mrs. Capito, Mr. Markey, 
        Mr. Moran, Mr. Menendez, Ms. Murkowski, and Ms. Stabenow):
  S. 133. A bill to extend the National Alzheimer's Project; to the 
Committee on Health, Education, Labor, and Pensions.
                                 ______
                                 
      By Ms. COLLINS (for herself, Mr. Markey, Mrs. Capito, Mr. Warner, 
        Mr. Moran, Mr. Menendez, Ms. Murkowski, and Ms. Stabenow):
  S. 134. A bill to require an annual budget estimate for the 
initiatives of the National Institutes of Health pursuant to reports 
and recommendations made under the National Alzheimer's Project Act; to 
the Committee on Health, Education, Labor, and Pensions.
  Ms. COLLINS. Madam President, I rise today to introduce two bills 
aimed at continuing the important progress we are making to prevent and 
effectively treat Alzheimer's disease. I know how devastating this 
disease is to our families. My father, grandfather, and two uncles all 
died from Alzheimer's. I am committed to this effort both as a person 
whose beloved family members have suffered from this terrible disease, 
as well as a Senator concerned about the impact on our families and our 
healthcare system.
  When I founded the Congressional Alzheimer's Task Force in the Senate 
in 1999, there was virtually no focus on Alzheimer's in Washington. 
Twelve years ago, I coauthored the bipartisan National Alzheimer's 
Project Act with my colleague Senator Evan Bayh. Before we passed that 
legislation, there was no coordinated, strategic, national plan to 
focus our efforts to defeat Alzheimer's. NAPA fixed this by convening a 
panel of experts to create a coordinated strategic national plan to 
prevent and effectively treat Alzheimer's disease by 2025. The expert 
council updates the plan annually.
  While the 2025 goal has been elusive, we have made some progress in 
our efforts to find a treatment and a means of prevention. 
Nevertheless, Alzheimer's remains the fifth leading cause of death in 
the United States for people over 65. In addition to the human costs, 
caring for people living with Alzheimer's and other dementias is one of 
the costliest conditions to society, costing our Nation an astonishing 
$321 billion per year, including $206 billion in Medicare and Medicaid 
spending. If we continue along this trajectory, Alzheimer's is 
projected to claim the minds of 12.7 million seniors and nearly surpass 
$1 trillion in annual costs by 2050.
  It takes a tremendous toll on families too. In 2021, family 
caregivers provided 16 billion hours of unpaid care for loved ones with 
dementia, a contribution to society valued at more than $271 billion. 
That job is often 24/7 and often harms the health of the caregiver.
  The first bill I am introducing today with my colleagues Senators 
Warner, Capito, Markey, Moran, Menendez, Murkowski, and Stabenow is the 
NAPA Reauthorization Act. This bill would reauthorize the National 
Alzheimer's Project Act through 2035 and modernize the legislation to 
reflect strides we have made in understanding the disease, such as 
including a new focus on promoting healthy aging and reducing risk 
factors. The National Alzheimer's Project Act is set to expire in 2025. 
We need to reauthorize this critical legislation this Congress in order 
to ensure that our research investments remain coordinated and there 
are no disruptions as we maximize the impact of our investments.
  The second bill I am introducing with my colleagues Senators Markey, 
Capito, Warner, Moran, Menendez, Murkowski, and Stabenow is the 
Alzheimer's Accountability and Investment Act. This bill would continue 
through 2035 a requirement that the Director of the National Institutes 
of Health submit an annual budget to Congress estimating the funding 
necessary for NIH to fully implement NAPA's research goals. Only two 
other areas of biomedical research--cancer and HIV/AIDs--have been the 
subject of special budget development aimed at speeding discovery, and 
this ``bypass budget,'' as it is known, helps us to understand what 
additional funding is needed to find better treatments, a means of 
prevention, and ultimately a cure for Alzheimer's disease.
  Nearly half of baby boomers reaching age 85 will either be afflicted 
with Alzheimer's or caring for someone who has it. In many ways, 
Alzheimer's is the defining disease of this generation. We have made 
tremendous progress in recent years to boost funding for Alzheimer's 
research, most recently providing $3.74 billion--a $226 million 
increase--for NIH Alzheimer's research in the fiscal year 2023 
government funding bill. This investment holds

[[Page S151]]

great promise to ending this disease that has had such a devastating 
effect on millions of Americans and their families, but we must keep up 
this momentum. The two bills I introduce today will make sure that we 
do not take our foot off the pedal just as our investments in basic 
research are beginning to translate into potential new treatments. We 
must not let Alzheimer's define our children's generation as it has 
ours.
  I urge my colleagues to support the NAPA Reauthorization Act and 
Alzheimer's Accountability and Investment Act, and I thank the 
Alzheimer's Association and UsAgainstAlzheimer's for their support of 
this bipartisan legislation to help improve the lives of those affected 
by Alzheimer's throughout the country.

                          ____________________