March 3, 2020 CONGRESSIONAL RECORD — SENATE S1303 bill S. 2657, supra; which was ordered to lie ‘‘(II) does not use as its primary feedstock of amounts that have been paid are required, on the table. carbon oxide which is deliberately released the Commission shall order the natural-gas SA 1478. Mr. LANKFORD submitted an from naturally occurring subsurface springs, company to make those refunds for the pe- amendment intended to be proposed to and riod beginning on the refund effective date amendment SA 1407 submitted by Ms. MUR- ‘‘(III) is determined by the Secretary, after established under paragraph (3) and ending KOWSKI and intended to be proposed to the consultation with the Secretary of Energy on the date on which the new rate estab- bill S. 2657, supra; which was ordered to lie and the Administrator of the Environmental lished by the Commission under subsection on the table. Protection Agency, to achieve a reduction of (a) takes effect in amounts in excess of those SA 1479. Mr. ROMNEY submitted an not less than a 60 percent in lifecycle green- amounts that would have been paid under amendment intended to be proposed to house gas emissions (as defined in section the just and reasonable rate, charge, classi- amendment SA 1407 submitted by Ms. MUR- 211(o)(1)(H) of the Clean Air Act, as in effect fication, rule, regulation, practice, or con- KOWSKI and intended to be proposed to the on the date of the enactment of this clause) tract that the Commission orders to be ob- bill S. 2657, supra; which was ordered to lie compared to baseline lifecycle greenhouse served and in force. on the table. gas emissions (as defined in section ‘‘(2) REQUIREMENT.—The refunds required f 211(o)(1)(C) of such Act, as so in effect), under paragraph (1) shall be made, with in- ‘‘(x) the generation of electric power from, terest, to the persons who have paid the TEXT OF AMENDMENTS a qualifying gasification project (as defined rates or charges that are the subject of the in section 48B(c)(1) without regard to sub- hearing. SA 1345. Mr. COONS (for himself, Mr. paragraph (C)) that is described in section ‘‘(3) EFFECTIVE DATE.— ORAN RNST RAPO M , Ms. E , Mr. C , Mr. 48(d)(1)(B), or ‘‘(A) IN GENERAL.—The Commission shall KING, and Ms. SINEMA) submitted an ‘‘(xi) in the case of a qualified facility (as establish the refund effective date in accord- amendment intended to be proposed by defined in section 45Q(d), without regard to ance with this paragraph. him to the bill S. 2657, to support inno- any date by which construction of the facil- ‘‘(B) HEARINGS INITIATED ON COMPLAINT.—In vation in advanced geothermal re- ity is required to begin) not less than 50 per- the case of a hearing initiated on a com- search and development, and for other cent (30 percent in the case of a facility plaint, the refund effective date shall be— purposes; which was ordered to lie on placed in service before January 1, 2020) of ‘‘(i) not earlier than the date on which the the table; as follows: the total carbon oxide production of which is complaint was filed; and qualified carbon oxide (as defined in section ‘‘(ii) not later than 150 days after that At the end, add the following: 45Q(c))— date. TITLE IV—AMENDMENTS TO THE ‘‘(I) the generation, availability for such ‘‘(C) HEARING INITIATED ON MOTION OF COM- INTERNAL REVENUE CODE OF 1986 generation, or storage of electric power at MISSION.—In the case of a hearing initiated SEC. 4001. GREEN ENERGY PUBLICLY TRADED such facility, or by the Commission on its own motion, the PARTNERSHIPS. ‘‘(II) the capture of carbon dioxide by such refund effective date shall be— (a) IN GENERAL.—Section 7704(d)(1)(E) of facility,’’. ‘‘(i) not earlier than the date on which the the Internal Revenue Code of 1986 is amend- (b) EFFECTIVE DATE.—The amendments Commission publishes notice of the intent to ed— made by this section apply to taxable years initiate the hearing; and (1) by striking ‘‘income and gains derived beginning after December 31, 2019. ‘‘(ii) not later than 150 days after that from the exploration’’ and inserting ‘‘income date. SA 1346. Mr. BLUMENTHAL (for and gains derived from— ‘‘(c) NO FINAL DECISION.—If the Commis- ‘‘(i) the exploration’’, himself and Mr. BURR) submitted an sion has not rendered a final decision for a (2) by inserting ‘‘or’’ before ‘‘industrial amendment intended to be proposed by hearing under this section by the end of the source’’, him to the bill S. 2657, to support inno- 180-day period beginning on the date on (3) by striking ‘‘, or the transportation or vation in advanced geothermal re- which the hearing is initiated, the Commis- storage’’ and all that follows and inserting search and development, and for other sion shall state— the following: purposes; which was ordered to lie on ‘‘(1) the reasons why the Commission has ‘‘(ii) the generation of electric power or the table; as follows: failed to render a decision; and thermal energy exclusively using any quali- ‘‘(2) the best estimate of the Commission At the end, add the following: fied energy resource (as defined in section as to when the Commission reasonably ex- 45(c)(1)), TITLE IV—MISCELLANEOUS pects to render the decision.’’. ‘‘(iii) the operation of energy property (as SEC. 4001. RATES AND CHARGES FOR NATURAL (c) EFFECT.— defined in section 48(a)(3), determined with- GAS. (1) IN GENERAL.—The amendments made by out regard to any date by which the con- (a) HEARING ON CHANGED RATES OR subsections (a) and (b) shall not apply to any struction of the facility is required to begin), CHARGES.—Section 4(e) of the Natural Gas proceeding under the Natural Gas Act (15 ‘‘(iv) in the case of a facility described in Act (15 U.S.C. 717c(e)) is amended by striking U.S.C. 717 et seq.) commenced before the date paragraph (3) or (7) of section 45(d) (deter- the third and fourth sentences and inserting of enactment of this Act. mined without regard to any placed in serv- the following: ‘‘Where changes in rates or (2) REFILING WITHOUT PREJUDICE.—A pro- ice date or date by which construction of the charges are thus made effective, the Com- ceeding under the Natural Gas Act (15 U.S.C. facility is required to begin), the accepting mission may, by order, require the natural- 717 et seq.) commenced before the date of en- or processing of open-loop biomass or munic- gas company to furnish a bond, to be ap- actment of this Act may be withdrawn and ipal solid waste, proved by the Commission, to refund any refiled without prejudice. ‘‘(v) the storage of electric power or ther- amounts ordered by the Commission, to keep mal energy exclusively using energy prop- accurate accounts in detail of all amounts (d) STUDY.— erty that is energy storage property (as de- received by reason of those changes, speci- (1) IN GENERAL.—Not earlier than 3 years fined in section 48(c)(5)), fying by whom and in whose behalf those and not later than 4 years after the date of ‘‘(vi) the generation, storage, or distribu- amounts were paid, and, on completion of enactment of this Act, the Federal Energy tion of electric power or thermal energy ex- the hearing and decision, to order the nat- Regulatory Commission shall conduct a clusively using energy property that is com- ural-gas company to refund, with interest, study on the effect of the amendments made bined heat and power system property (as de- the portion of those rates or charges by its by subsections (a) and (b). fined in section 48(c)(3), determined without decision found not justified. At any hearing (2) REQUIREMENTS.—The study under para- regard to subparagraph (B)(iii) thereof and involving a rate or charge sought to be graph (1) shall include an analysis of— without regard to any date by which the con- changed, the burden of proof to show that (A) the impact, if any, of the amendments struction of the facility is required to begin), the changed rate or charge is just and rea- made by subsections (a) and (b) on the cost ‘‘(vii) the transportation or storage of any sonable shall be on the natural-gas company, of capital paid by natural-gas companies (as fuel described in subsection (b), (c), (d), or (e) and the Commission shall give to the hearing defined in section 2 of the Natural Gas Act of section 6426, and decision of such questions preference (15 U.S.C. 717a)); ‘‘(viii) the conversion of renewable biomass over other questions pending before the Com- (B) any change in the average time taken (as defined in subparagraph (I) of section mission and decide the same as speedily as to resolve proceedings under sections 4 and 5 211(o)(1) of the Clean Air Act (as in effect on possible.’’. of the Natural Gas Act (15 U.S.C. 717c, 717d); the date of the enactment of this clause)) (b) REFUNDS.—Section 5 of the Natural Gas and into renewable fuel (as defined in subpara- Act (15 U.S.C. 717d) is amended— (C) such other matters as the Federal En- graph (J) of such section as so in effect), or (1) by redesignating subsection (b) as sub- ergy Regulatory Commission may determine the storage or transportation of such fuel, section (d); and to be appropriate and in the public interest. ‘‘(ix) the production, storage, or transpor- (2) inserting after subsection (a) the fol- (3) REPORT.—On completion of the study tation of any fuel which— lowing: under paragraph (1), the Federal Energy Reg- ‘‘(I) uses as its primary feedstock carbon ‘‘(b) REFUNDS.— ulatory Commission shall submit to the oxides captured from an anthropogenic ‘‘(1) IN GENERAL.—At the conclusion of any Committee on Energy and Natural Resources source or the atmosphere, hearing under this section in which refunds of the Senate and the Committee on Energy

VerDate Sep 11 2014 02:57 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.026 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1304 CONGRESSIONAL RECORD — SENATE March 3, 2020 and Commerce of the House of Representa- or reexporting the components or items, electronic waste items if the following re- tives a report describing the results of the with the intent that the components or quirements are met: study. items be used for the purpose for which the (1) REGISTRATION.—The person is listed on components or items were used in the United a publicly available registry maintained by SA 1347. Mr. BLUMENTHAL sub- States. the Secretary of persons authorized to ex- mitted an amendment intended to be (5) EXEMPTED ELECTRONIC WASTE ITEMS.— port or reexport exempted electronic waste. proposed by him to the bill S. 2657, to The term ‘‘exempted electronic waste items’’ (2) PURPOSE.—The exempted electronic support innovation in advanced geo- means the following: waste items are being exported or reexported thermal research and development, and (A) Tested, working used electronics. for reclamation, recall, or reuse. for other purposes; which was ordered (B) Low-risk counterfeit electronics. (3) FILING OF EXPORT INFORMATION.—For to lie on the table; as follows: (C) Recalled electronics. each export transaction, the person files in (6) EXPORT ADMINISTRATION REGULATIONS.— the Automated Export System, in accord- Strike section 1041. The term ‘‘Export Administration Regula- ance with part 758 of the Export Administra- tions’’ means the regulations set forth in SA 1348. Mr. WHITEHOUSE sub- tion Regulations (or any corresponding simi- subchapter C of chapter VII of title 15, Code lar regulation or ruling), electronic export mitted an amendment intended to be of Federal Regulations, or successor regula- information that contains, at a minimum, proposed by him to the bill S. 2657, to tions. the following information: support innovation in advanced geo- (7) EXPORT; REEXPORT.—The terms ‘‘ex- (A) A description of the type and total thermal research and development, and port’’ and ‘‘reexport’’ have the meanings quantity of exempted electronic waste items for other purposes; which was ordered given those terms in section 1742 of the Ex- exported. to lie on the table; as follows: port Control Reform Act of 2018 (50 U.S.C. (B) The name of each country that will re- At the appropriate place, insert the fol- 4801). ceive the exempted electronic waste items lowing: (8) FEEDSTOCK.—The term ‘‘feedstock’’ for reuse, recall, or recycling. SEC. ll. EXPORT CONTROLS ON ELECTRONIC means any raw material constituting the (C)(i) The name of the ultimate consignee WASTE. principal input for an industrial process. that will receive the exempted electronic (a) DEFINITIONS.—In this section: (9) LOW-RISK COUNTERFEIT ELECTRONICS.— waste items for reclamation, recall, or reuse; (1) COUNTERFEIT MILITARY GOOD.—The term The term ‘‘low-risk counterfeit electronics’’ and ‘‘counterfeit military good’’ means a coun- means any electronic components or items (ii) documentation and a declaration that terfeit good that— that— such consignee has the necessary permits, (A) is falsely identified or labeled as meet- (A) have been subjected to destruction resources, and competence to manage the ex- ing military specifications; or processes that render the items unusable for empted electronic waste items as reusable (B) is intended for use in a military, intel- their original purpose; and products or recyclable feedstock and prevent ligence, or national security application. (B) are exported as a feedstock, with no ad- the release of such items as counterfeit (2) COUNTERFEIT GOOD.—The term ‘‘coun- ditional mechanical or hand separation re- goods or counterfeit military goods. terfeit good’’ means any good on which, or in quired, in a reclamation process to render (4) COMPLIANCE WITH EXISTING LAWS.—The connection with which, a counterfeit mark is the electronic components or items recycled export or reexport of the exempted elec- used. consistent with the laws of the foreign coun- tronic waste items otherwise complies with (3) COUNTERFEIT MARK.—The term ‘‘coun- try performing the reclamation process. applicable international agreements to terfeit mark’’ has the meaning given that (10) PERSON.—The term ‘‘person’’ means an which the United States is a party and with term in section 2320 of title 18, United States individual or entity. other trade and export control laws of the Code. (11) RECALLED ELECTRONICS.—The term ‘‘re- United States. (4) ELECTRONIC WASTE.— called electronics’’ means any electronic (5) EXPORT DECLARATIONS AND REQUIRE- (A) IN GENERAL.—The term ‘‘electronic items that— MENTS.—The exempted electronic waste waste’’ means any of the following used (A) because of a defect in the design or items are accompanied by— items containing electronic components, or manufacture of the items— (A) documentation of the registration of fragments thereof, including parts or sub- (i) are subject to a recall notice issued by the exporter required under paragraph (1); components of such items: the Consumer Product Safety Commission or (B) a declaration signed by an officer or (i) Computers and related equipment. other pertinent Federal authority and have designated representative of the exporter as- (ii) Data center equipment (including serv- been received by the manufacturer or its serting that the exempted electronic waste ers, network equipment, firewalls, battery agent and repaired by the manufacturer or items meet the applicable requirements for backup systems, and power distribution its agent to cure the defect; or exempted electronic waste items under this units). (ii) have been recalled by the manufacturer section; (iii) Mobile computers (including note- as a condition of the validity of the warranty (C) a description of the contents and condi- books, netbooks, tablets, and e-book read- on the items and have been repaired by the tion of the exempted electronic waste items ers). manufacturer or its agent to cure the defect; in the shipment; (iv) Televisions (including portable tele- and (D) for tested, working used electronics, a visions and portable DVD players). (B) are exported by the manufacturer of description of the testing methodologies and (v) Video display devices (including mon- the items. test results for each item; itors, digital picture frames, and portable (12) SECRETARY.—The term ‘‘Secretary’’ (E) the name of the ultimate consignee and video devices). means the Secretary of Commerce. declaration of the consignee’s applicable per- (vi) Digital imaging devices (including (13) TESTED, WORKING USED ELECTRONICS.— mits, resources, and competence to process printers, copiers, facsimile machines, image The term ‘‘tested, working used electronics’’ or use the items as intended; and scanners, and multifunction machines). means any used electronic items that— (F) with respect to low-risk counterfeit (vii) Consumer electronics— (A) are determined, through testing meth- electronics only and when required by the (I) including digital cameras, projectors, odologies established by the Secretary, to country to which the electronics are being digital audio players, cellular phones and be— exported or reexported, the written consent wireless Internet communication devices, (i) fully functional for the purpose for of the competent authority of the country to audio equipment, video cassette recorders, which the items were designed; or allow the entry of the electronics into the DVD players, video game systems (including (ii) in the case of multifunction devices, country. fully functional for at least one of the pri- portable systems), video game controllers, (d) EXCEPTION FOR PERSONAL USE.—The mary purposes for which the items were de- signal converter boxes, and cable and sat- Secretary may provide for an exception to signed; ellite receivers; and the requirements of this section, subject to (II) not including appliances that have (B) are exported with the intent to reuse such recordkeeping requirements as the Sec- electronic features. the products as functional products; and retary may impose, for the export or reex- (viii) Portable global positioning system (C) are appropriately packaged for ship- navigation devices. ment to prevent the items from losing port of 5 or fewer items that are or contain (ix) Other used electronic items that the functionality as a result of damage during electronic components intended for personal Secretary determines to be necessary to shipment. use. (14) USED.—The term ‘‘used’’, with respect carry out this section. (e) PENALTIES FOR VIOLATIONS.—Any per- to an item, means the item has been oper- (B) EXEMPT ITEMS.—The term ‘‘electronic son who violates this section or the regula- ated or employed. waste’’ does not include— tions issued under subsection (f)(2) shall be (b) PROHIBITION.—Except as provided in (i) exempted electronic waste items; subject to the same penalties as those that (ii) electronic parts of a motor vehicle; or subsections (c) and (d), no person may export apply to any person violating any other pro- (iii) electronic components, or items con- or reexport electronic waste or exempted vision of the Export Administration Regula- taining electronic components, that are ex- electronic waste items. tions. ported or reexported to an entity under the (c) EXPORT PROHIBITION EXEMPTIONS.—A owernship or control of the person exporting person may export or reexport exempted (f) EFFECTIVE DATE.—

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(1) IN GENERAL.—Subject to paragraph (2), ‘‘(3) ESTABLISHED PROGRAM TO STIMULATE ‘‘(III) to support research by early career this section shall take effect upon the expi- COMPETITIVE RESEARCH.— faculty; and ration of the 1-year period beginning on the ‘‘(A) DEFINITIONS.—In this paragraph: ‘‘(IV) to improve research capabilities at date of the enactment of this Act. ‘‘(i) ELIGIBLE ENTITY.—The term ‘eligible eligible entities through biennial implemen- (2) MODIFICATION OF EAR.—The Secretary entity’ means an institution of higher edu- tation grants. shall, not later than the effective date under cation located in an eligible jurisdiction. ‘‘(iii) NO COST SHARING.—EPSCoR shall not paragraph (1), ensure that the Export Admin- ‘‘(ii) ELIGIBLE JURISDICTION.—The term ‘eli- impose any cost-sharing requirement with istration Regulations are modified to carry gible jurisdiction’ means a State that, as de- respect to a grant made under this subpara- out this section. termined by the Secretary— graph. ‘‘(I)(aa) historically has received relatively ‘‘(E) OTHER ACTIVITIES.—EPSCoR may SA 1349. Mr. REED submitted an little Federal research and development carry out such activities as may be nec- amendment intended to be proposed by funding; and essary to meet the objectives described in him to the bill S. 2657, to support inno- ‘‘(bb) has demonstrated a commitment— subparagraph (C) in the areas of applied en- vation in advanced geothermal re- ‘‘(AA) to develop the research bases in the ergy research, environmental management, search and development, and for other State; and and basic science described in subparagraph (D)(i). purposes; which was ordered to lie on ‘‘(BB) to improve science and engineering ‘‘(F) PROGRAM IMPLEMENTATION.— the table; as follows: research and education programs at institu- tions of higher education in the State; and ‘‘(i) IN GENERAL.—Not later than 270 days At the appropriate place in subtitle A of ‘‘(II) is an eligible jurisdiction under the after the date of enactment of the American title I, insert the following: criteria used by the Secretary to make Energy Innovation Act of 2020, the Secretary SEC. 1ll. STUDY ON EMISSIONS REDUCTION awards under this paragraph on the day be- shall submit to the Committees on Energy PATHWAYS FROM HOME HEATING. fore the date of enactment of the American and Natural Resources and Appropriations of (a) STUDY.—The Secretary shall conduct a Energy Innovation Act of 2020. the Senate and the Committees on Energy study evaluating pathways to reduce green- ‘‘(iii) EPSCOR.—The term ‘EPSCoR’ means and Commerce and Appropriations of the house gas emissions from home heating and the Established Program to Stimulate Com- House of Representatives a plan describing cooling systems in residential and small petitive Research operated under subpara- how the Secretary shall implement EPSCoR. commercial buildings by increasing energy graph (B). ‘‘(ii) CONTENTS OF PLAN.—The plan de- efficiency and electrification, and the use of ‘‘(iv) NATIONAL LABORATORY.—The term scribed in clause (i) shall include a descrip- alternative fuels, including through the use ‘National Laboratory’ has the meaning given tion of— of— the term in section 2 of the Energy Policy ‘‘(I) the management structure of EPSCoR, (1) alternative fuels to supply heat to resi- Act of 2005 (42 U.S.C. 15801). which shall ensure that all research areas dential buildings using existing infrastruc- ‘‘(v) STATE.—The term ‘State’ means— and activities described in this paragraph are ture; ‘‘(I) a State; incorporated into EPSCoR; (2) a district heating and cooling system; ‘‘(II) the District of Columbia; ‘‘(II) efforts to conduct outreach to inform (3) advanced biofuels (as defined in section ‘‘(III) the Commonwealth of Puerto Rico; eligible entities and faculty of changes to, 9001 of the Farm Security and Rural Invest- ‘‘(IV) Guam; and and opportunities under, EPSCoR; ment Act of 2002 (7 U.S.C. 8101)), advanced ‘‘(V) the United States Virgin Islands. ‘‘(III) how EPSCoR plans to increase en- biofuel blends, and energy efficient furnaces ‘‘(B) PROGRAM OPERATION.—The Secretary gagement with eligible entities, faculty, and and boilers, including necessary retrofits to shall operate an Established Program to State committees, including by holding reg- allow for the use of those fuels; Stimulate Competitive Research. ular workshops, to increase participation in (4) electric heat pumps, including geo- ‘‘(C) OBJECTIVES.—The objectives of EPSCoR; and thermal and air-source heat pumps; EPSCoR shall be— ‘‘(IV) any other issues relating to EPSCoR (5) alternative low-emission refrigerants; ‘‘(i) to increase the number of researchers that the Secretary determines appropriate. and at institutions of higher education in eligi- ‘‘(G) PROGRAM EVALUATION.— (6) opportunities for reducing installation ble jurisdictions capable of performing na- ‘‘(i) IN GENERAL.—Not later than 5 years and maintenance costs through workforce tionally competitive science and engineering after the date of enactment of the American development and training. research in support of the mission of the De- Energy Innovation Act of 2020, the Secretary (b) REPORT.—Not later than 1 year after partment of Energy in the areas of applied shall contract with a federally funded re- the date of enactment of this Act, the Sec- energy research, environmental manage- search and development center, the National retary shall submit to the Committee on En- ment, and basic science; Academy of Sciences, or a similar organiza- ergy and Natural Resources and the Com- ‘‘(ii) to enhance the capabilities of institu- tion to carry out an assessment of the effec- mittee on Appropriations of the Senate and tions of higher education in eligible jurisdic- tiveness of EPSCoR, including an assessment the Committee on Energy and Commerce and tions to develop, plan, and execute research of— the Committee on Appropriations of the that is competitive in the peer-review proc- ‘‘(I) the tangible progress made towards House of Representatives a report on the ess; and achieving the objectives described in sub- study conducted under subsection (a), includ- ‘‘(iii) to increase the probability of long- paragraph (C); ing— term growth of competitive funding to insti- ‘‘(II) the impact of research supported by (1) an evaluation of potential greenhouse tutions of higher education in eligible juris- EPSCoR on the mission of the Department of gas emissions reductions from the pathways dictions. Energy; and described in subsection (a); ‘‘(D) GRANTS IN AREAS OF APPLIED ENERGY ‘‘(III) any other issues relating to EPSCoR (2) an evaluation of the impact of adopting RESEARCH, ENVIRONMENTAL MANAGEMENT, AND that the Secretary determines appropriate. technologies described in subsection (a) on BASIC SCIENCE.— ‘‘(ii) LIMITATION.—The organization with consumers, the electric grid, and pipeline ‘‘(i) IN GENERAL.—EPSCoR shall make which the Secretary contracts under clause systems; grants to eligible entities to carry out and (i) shall not be a National Laboratory. (3) an identification of barriers to reducing support applied energy research and research ‘‘(iii) REPORT.—Not later than 6 years after greenhouse gas emissions from the heating in all areas of environmental management the date of enactment of the American En- and cooling sector; and and basic science sponsored by the Depart- ergy Innovation Act of 2020, the Secretary (4) recommendations relating to the issues ment of Energy, including— shall submit to the Committees on Energy described in paragraphs (1) through (3). ‘‘(I) energy efficiency, fossil energy, renew- and Natural Resources and Appropriations of able energy, and other applied energy re- the Senate and the Committees on Energy SA 1350. Mr. REED (for himself, Mr. search; and Commerce and Appropriations of the INHOFE, Mr. JONES, Mr. MORAN, and ‘‘(II) electricity delivery research; House of Representatives a report describing Mrs. HYDE-SMITH) submitted an amend- ‘‘(III) cybersecurity, energy security, and the results of the assessment carried out ment intended to be proposed by him emergency response; under clause (i), including recommendations to the bill S. 2657, to support innova- ‘‘(IV) environmental management; and for improvements that would enable the Sec- ‘‘(V) basic science research. retary to achieve the objectives described in tion in advanced geothermal research subparagraph (C).’’. and development, and for other pur- ‘‘(ii) ACTIVITIES.—EPSCOR may make grants under this subparagraph for any ac- poses; which was ordered to lie on the tivities consistent with the objectives de- SA 1351. Mr. MENENDEZ (for him- table; as follows: scribed in subparagraph (C) in the areas of self, Mr. RUBIO, and Mr. BLUMENTHAL) At the end of subtitle H of title I, add the applied energy research, environmental man- submitted an amendment intended to following: agement, and basic science described in be proposed by him to the bill S. 2657, SEC. 18ll. ESTABLISHED PROGRAM TO SIMU- clause (i), including— LATE COMPETITIVE RESEARCH. ‘‘(I) to support research at eligible entities to support innovation in advanced geo- Section 2203(b) of the Energy Policy Act of that is carried out in partnership with the thermal research and development, and 1992 (42 U.S.C. 13503(b)) is amended by strik- National Laboratories; for other purposes; which was ordered ing paragraph (3) and inserting the following: ‘‘(II) to provide for graduate traineeships; to lie on the table; as follows:

VerDate Sep 11 2014 02:57 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.028 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1306 CONGRESSIONAL RECORD — SENATE March 3, 2020 At the appropriate place, insert the fol- not a disinterested person, as defined in sec- (ii) direct charges and direct allocations; lowing: tion 101 of title 11, United States Code; or (iii) costs related to contract staff; SEC. lll. DISCLOSURE BY PROFESSIONAL PER- (C) except as provided in paragraph (3), rep- (iv) costs related to independent consult- SONS SEEKING APPROVAL OF COM- resents, or holds an interest adverse to, the ants; PENSATION UNDER SECTION 316 OR interest of the estate with respect to the (v) the number of full-time equivalents; 317 OF PROMESA. matter on which such professional person is (vi) a summary of any expenditures de- (a) REQUIRED DISCLOSURE.— employed. scribed in this paragraph, with the total (1) IN GENERAL.—In a voluntary case com- (2) CONSIDERATIONS.—In making a deter- amount paid by each region and power sys- menced under section 304 of PROMESA (48 mination under paragraph (1), the court may tem; and U.S.C. 2164), no attorney, accountant, ap- take into consideration whether the services (vii) expenses incurred on behalf of other praiser, auctioneer, agent, consultant, or and expenses are in the best interests of Federal agencies or programs or third par- other professional person may be com- creditors and the estate. ties for the administration of programs not pensated under section 316 or 317 of that Act (3) COMMITTEE PROFESSIONAL STANDARDS.— related to the marketing, transmission, or (48 U.S.C. 2176, 2177) unless prior to making a An attorney or accountant described in sec- wheeling of Federal hydropower resources request for compensation, the professional tion 1103(b) of title 11, United States Code, within the Western Area Power Administra- person has submitted a verified statement shall be deemed to have violated paragraph tion marketing area, including— conforming to the disclosure requirements of (1) if the attorney or accountant violates (I) indirect costs, including overhead costs; rule 2014(a) of the Federal Rules of Bank- section 1103(b) of title 11, United States (II) direct charges and allocations; ruptcy Procedure setting forth the connec- Code. (III) costs related to contract staff; and tion of the professional person with— (IV) the number of full-time equivalents. (A) the debtor; SA 1352. Ms. MCSALLY submitted an (E) Capital expenditures for each project, (B) any creditor; amendment intended to be proposed by including— (C) any other party in interest, including her to the bill S. 2657, to support inno- (i) capital investments delineated by the any attorney or accountant; vation in advanced geothermal re- year in which each investment is placed into (D) the Financial Oversight and Manage- search and development, and for other service; and ment Board established in accordance with purposes; which was ordered to lie on (ii) the sources of capital for each invest- section 101 of PROMESA (48 U.S.C. 2121); and ment. (E) any person employed by the Oversight the table; as follows: (b) ANNUAL SUMMARY.— Board described in subparagraph (D). At the end of subtitle B of title I, add the following: (1) IN GENERAL.—Not later than 120 days (2) OTHER REQUIREMENTS.—A professional after the end of each fiscal year in which the SEC. 12lllll. WESTERN AREA POWER ADMIN- person that submits a statement under para- pilot project is being carried out under this graph (1) shall— ISTRATION PILOT PROJECT. (a) IN GENERAL.—Not later than 120 days section, the Administrator shall make avail- (A) supplement the statement with any ad- able on a publicly available website— ditional relevant information that becomes after the date of enactment of this Act, the Administrator of the Western Area Power (A) updates to documents made available known to the person; and on the date of the initial publication of the (B) file annually a notice confirming the Administration (referred to in this section as the ‘‘Administrator’’) shall— information on the website under subsection accuracy of the statement. (a)(2); (b) REVIEW.— (1) establish a pilot project, as part of the (B) an identification of the annual changes (1) IN GENERAL.—The United States Trustee continuous process improvement program in the information published on the website shall review each verified statement sub- and to provide increased transparency for under subsection (a)(2); mitted pursuant to subsection (a) and may customers— (C) the reasons for the changes identified file with the court comments on such (A) to make available a database of infor- under subparagraph (B); verified statements before the professionals mation relating to the Western Area Power (D) subject to paragraph (2), the total filing such statements seek compensation Administration in accordance with para- amount of the unobligated balances retained under section 316 or 317 of PROMESA (48 graph (2); and by the Western Area Power Administration U.S.C. 2176, 2177). (B) to provide annual updates to the data- at the end of the prior fiscal year within (2) OBJECTION.—The United States Trustee base in accordance with subsection (b); and each project and headquarters by— may object to compensation applications (2) publish on a publicly available website (i) purpose or function; filed under section 316 or 317 of PROMESA of the Western Area Power Administration, a (ii) source of funding; (48 U.S.C. 2176, 2177) that fail to satisfy the database of the following information, begin- (iii) anticipated program allotment; and requirements of subsection (e). ning with fiscal year 2008, relating to the (iv) underlying authority for each source of (3) RIGHT TO BE HEARD.—Each person de- Western Area Power Administration: funding; and scribed in section 1109 of title 11, United (A) By power system and in a consistent (E) the anticipated level of unobligated States Code, may appear and be heard on any format, rates charged to customers for power balances that the Western Area Power Ad- issue in a case under this section. and transmission service. ministration expects to retain at the end of (c) JURISDICTION.—The district courts of (B) By power system, the amount of capac- the United States shall have jurisdiction of ity or energy sold. the fiscal year in which the annual summary all cases under this section. (C) By region, an accounting, at the task is published, as delineated by each of the cat- (d) RETROACTIVITY.— level, budget activity level, organizational egories described in clauses (i) through (iv) (1) IN GENERAL.—If a court has entered an code level, and object class level, of all ex- of subparagraph (D). order approving compensation under a case penditures, including— (2) LIMITATION.—Amounts in the Upper Col- commenced under section 304 of PROMESA (i) indirect costs, including overhead costs; orado River Basin Fund established by sec- (48 U.S.C. 2164), each professional person sub- (ii) direct charges and direct allocations; tion 5(a) of the Act of April 11, 1956 (com- ject to the order shall file a verified state- (iii) costs related to contract staff; monly known as the ‘‘Colorado River Stor- ment in accordance with subsection (a) not (iv) costs related to independent consult- age Project Act’’) (43 U.S.C. 620d(a)), shall later than 60 days after the date of enact- ants; not be considered to be an unobligated bal- ment of this Act. (v) the number of full-time equivalents; ance retained by the Western Area Power (2) NO DELAY.—A court may not delay any (vi) charges to the region from the head- Administration for purposes of paragraph proceeding in connection with a case com- quarters office of the Western Area Power (1)(D). menced under section 304 of PROMESA (48 Administration for all annual and capital (c) TERMINATION.—The pilot project under U.S.C. 2164) pending the filing of a verified costs; and this section shall terminate on the date that statement under paragraph (1). (vii) expenses incurred on behalf of other is 7 years after the date of enactment of this (e) LIMITATION ON COMPENSATION.— Federal agencies or programs or third par- Act. (1) IN GENERAL.—In a voluntary case com- ties for the administration of programs not menced under section 304 of PROMESA (48 related to the marketing, transmission, or SA 1353. Ms. MCSALLY submitted an U.S.C. 2164), in connection with the review wheeling of Federal hydropower resources amendment intended to be proposed by and approval of professional compensation within the Western Area Power Administra- her to the bill S. 2657, to support inno- under section 316 or 317 of PROMESA (48 tion marketing area, including— vation in advanced geothermal re- U.S.C. 2176, 2177), the court may deny allow- (I) indirect costs, including overhead costs; ance of compensation for services and reim- (II) direct charges and allocations; search and development, and for other bursement of expenses, accruing after the (III) costs related to contract staff; and purposes; which was ordered to lie on date of the enactment of this Act of a profes- (IV) the number of full-time equivalents. the table; as follows: sional person if the professional person— (D) For the headquarters office of the At the end, add the following: (A) has failed to file statements of connec- Western Area Power Administration, an ac- tions required by subsection (a) or has filed counting, at the task level, budget activity TITLE IV—MISCELLANEOUS inadequate statements of connections; level, organizational code level, and object SEC. 4001. CONVEYANCE OF LOWELL OBSERV- (B) except as provided in paragraph (3), is class level, of all expenditures, including— ATORY. on or after the date of enactment of this Act (i) indirect costs, including overhead costs; (a) DEFINITIONS.—In this section:

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(1) OBSERVATORY.—The term ‘‘Observ- Secretary for expenditure in accordance with essary repayment period recommended by atory’’ means the Lowell Observatory in this subsection without further appropria- the Secretary; and Flagstaff, Arizona. tion. ‘‘(iii) an analysis of alternative non-Fed- (2) SECRETARY.—The term ‘‘Secretary’’ ‘‘(4) APPLICATION FOR FUNDING.— eral funding options; and means the Secretary of Agriculture, acting ‘‘(A) IN GENERAL.—Not less than once per ‘‘(C) describes the balance of funds in the through the Chief of the Forest Service. fiscal year, the Secretary shall accept, dur- Account as of the date of the report. (b) RELEASE OF REVERSIONARY AND RE- ing an application period established by the ‘‘(6) EFFECT OF SUBSECTION.—Nothing in SERVED INTERESTS.— Secretary, applications from transferred this subsection affects— (1) IN GENERAL.—Subject to valid existing works operating entities or project bene- ‘‘(A) any funding provided, or contracts en- rights, if the Observatory makes a written ficiaries responsible for payment of reim- tered into, under subsection (a) before the request to the Secretary for conveyance of bursable costs for funds and extended repay- date of enactment of this subsection; or the parcel of land described in paragraph (2) ment for eligible projects. ‘‘(B) the use of funds otherwise made avail- not later than 180 days after the date of en- ‘‘(B) ELIGIBLE PROJECT.—A project eligible able to the Secretary to carry out subsection actment of this Act, the Secretary shall con- for funding and extended repayment under (a).’’. vey to the Observatory, without consider- this subsection is a project that— (b) AUTHORIZATION OF APPROPRIATIONS FOR THE RECLAMATION SAFETY OF DAMS ACT OF ation and by quitclaim deed, all right, title, ‘‘(i) qualifies as an extraordinary operation 1978.—Section 5 of the Reclamation Safety of and interest of the United States in and to and maintenance work under this section; that parcel of land. Dams Act of 1978 (43 U.S.C. 509) is amended, ‘‘(ii) is for the major, non-recurring main- in the first sentence, by inserting ‘‘, and, ef- (2) LAND DESCRIBED.—The parcel of land to tenance of a mission-critical asset; and be conveyed under paragraph (1) is the Na- fective October 1, 2019, not to exceed an addi- ‘‘(iii) is not eligible to be carried out or tional $550,000,000 (October 1, 2019, price lev- tional Forest System land— funded under the repayment provisions of (A) conveyed by the United States to Per- els)’’ before ‘‘, plus or minus’’. section 4(c) of the Reclamation Safety of (c) REVIEW OF FLOOD CONTROL RULE cival Lowell and his heirs by the Act entitled Dams Act of 1978 (43 U.S.C. 508(c)). CURVES PILOT PROJECT.— ‘‘An Act granting certain lands in the ‘‘(C) GUIDELINES FOR APPLICATIONS.—Not (1) DEFINITIONS.—In this subsection: Coconino National Forest, in Arizona, for ob- later than 60 days after the date of enact- (A) BUREAU.—The term ‘‘Bureau’’ means servatory purposes’’, approved May 30, 1910 ment of this subsection, the Secretary shall the Bureau of Reclamation. (36 Stat. 452; chapter 261); and issue guidelines describing the information (B) ELIGIBLE WORKS.— (B) described as sec. 17, T. 21 N., R. 7 E., of required to be provided in an application for (i) IN GENERAL.—The term ‘‘eligible works’’ the Gila and Salt River base and meridian in funding and extended repayment under this means a reserved works, or a transferred Coconino County, Arizona. subsection that require, at a minimum— works for which— ‘‘(i) a description of the project for which (I) the flood control rule curve has not SA 1354. Ms. MCSALLY submitted an the funds are requested; been substantially adjusted during the 10- amendment intended to be proposed by ‘‘(ii) the amount of funds requested; year period ending on the date of enactment her to the bill S. 2657, to support inno- ‘‘(iii) the repayment period requested by of this Act; and vation in advanced geothermal re- the transferred works operating entity or (II) the Secretary receives a request in ac- search and development, and for other project beneficiary responsible for repay- cordance with paragraph (3)(A)(i). purposes; which was ordered to lie on ment of reimbursable costs; (ii) EXCLUSIONS.—The term ‘‘eligible the table; as follows: ‘‘(iv) alternative non-Federal funding op- works’’ does not include— tions that have been evaluated; (I) any project authorized by the Boulder At the end, add the following: ‘‘(v) the financial justification for request- Canyon Project Act (43 U.S.C. 617 et seq.); TITLE IV—MISCELLANEOUS ing an extended repayment period; and (II) any project authorized by the Act of SEC. 4001. WATER SUPPLY INFRASTRUCTURE RE- ‘‘(vi) the financial records of the trans- April 11, 1956 (commonly known as the ‘‘Col- HABILITATION AND UTILIZATION. ferred works operating entity or project ben- orado River Storage Project Act’’) (43 U.S.C. (a) AGING INFRASTRUCTURE ACCOUNT.—Sec- eficiary responsible for repayment of reim- 620 et seq.); or tion 9603 of the Omnibus Public Land Man- bursable costs. (III) any project of the Pick-Sloan Mis- agement Act of 2009 (43 U.S.C. 510b) is ‘‘(D) REVIEW BY THE SECRETARY.—The Sec- souri River Basin Program (authorized by amended by adding at the end the following: retary shall review each application sub- section 9 of the Act of December 22, 1944 ‘‘(d) AGING INFRASTRUCTURE ACCOUNT.— mitted under subparagraph (A)— (commonly known as the ‘‘Flood Control Act ‘‘(1) ESTABLISHMENT.—There is established ‘‘(i) to determine whether the project is el- of 1944’’) (58 Stat. 891, chapter 665)). in the general fund of the Treasury a special igible for funds and an extended repayment (C) PILOT PROJECT.—The term ‘‘pilot account, to be known as the ‘Aging Infra- period under this subsection; project’’ means the pilot project established structure Account’ (referred to in this sub- ‘‘(ii) to determine if the project has been under paragraph (2). section as the ‘Account’), to provide funds identified by the Bureau of Reclamation as (D) RESPONSIBLE PARTY.—The term ‘‘re- to, and provide for the extended repayment part of the major rehabilitation and replace- sponsible party’’ means— of the funds by, a transferred works oper- ment of a project facility; and (i) with respect to a reserved works— ating entity or project beneficiary respon- ‘‘(iii) to conduct a financial analysis of— (I) a non-Federal water user or power con- sible for repayment of reimbursable costs for ‘‘(I) the project; and tractor that has an active repayment, water the conduct of extraordinary operation and ‘‘(II) the transferred works operating enti- service, or power service contract with the maintenance work at a project facility, ty or project beneficiary responsible for re- Bureau; which shall consist of— payment of reimbursable costs. (II) a power contractor that has an active ‘‘(A) any amounts that are specifically ap- ‘‘(5) REPORT.—Not later than 90 days after contract with a Federal power marketing ad- propriated to the Account under section 9605; the date on which an application period ministration for energy, capacity, or energy and closes under paragraph (4)(A), the Secretary and capacity, from a hydropower facility ‘‘(B) any amounts deposited in the Account shall submit to the Committees on Energy owned by the Bureau; or under paragraph (3)(B). and Natural Resources and Appropriations of (III) a non-Federal operating entity, in- ‘‘(2) EXPENDITURES.—Subject to appropria- the Senate and the Committees on Natural cluding a joint powers authority or board of tions and paragraph (3), the Secretary may Resources and Appropriations of the House control, that has assumed responsibility on expend amounts in the Account to fund and of Representatives a report that— behalf of multiple water users, through a provide for extended repayment of the funds ‘‘(A) identifies each project eligible for contract with the Bureau, for the operation for eligible projects identified in a report funding and extended repayment under this and maintenance of the reserved works; and submitted under paragraph (5)(A). subsection; (ii) with respect to a transferred works, the ‘‘(3) REPAYMENT CONTRACT.— ‘‘(B) with respect to each eligible project operating entity of the transferred works. ‘‘(A) IN GENERAL.—The Secretary may not identified under subparagraph (A), includes— (E) SECRETARY.—The term ‘‘Secretary’’ expend amounts under paragraph (2) with re- ‘‘(i) a description of— means Secretary of the Interior. spect to an eligible project described in that ‘‘(I) the eligible project; (2) ESTABLISHMENT OF PILOT PROJECT.—The paragraph unless the transferred works oper- ‘‘(II) the anticipated cost and duration of Secretary, in consultation with the Sec- ating entity or project beneficiary respon- the eligible project; and retary of the Army, shall establish within sible for repayment of reimbursable costs ‘‘(III) any remaining engineering or envi- the Bureau a pilot project to adjust flood has entered into a contract to repay the ronmental compliance that is required be- control rule curves in accordance with para- amounts under subsection (b)(2). fore the eligible project commences; graph (4). ‘‘(B) DEPOSIT OF REPAID FUNDS.—Amounts ‘‘(ii) an analysis of— (3) SELECTION OF ELIGIBLE WORKS.— repaid by a transferred works operating enti- ‘‘(I) the repayment period proposed in the (A) REQUEST.— ty or project beneficiary responsible for re- application; and (i) IN GENERAL.—In order for an eligible payment of reimbursable costs receiving ‘‘(II) if the Secretary recommends a min- works to be selected for inclusion in the funds under a repayment contract entered imum necessary repayment period that is pilot project, a responsible party shall sub- into under this subsection shall be deposited different than the repayment period pro- mit a written request to the Secretary seek- in the Account and shall be available to the posed in the application, the minimum nec- ing a flood control rule curve adjustment.

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(ii) NOTICE.—Not later than 30 days after (B) affects or modifies any authorized pur- establish priority areas on covered land for the date on which the Secretary receives a pose of any project carried out by the Sec- geothermal, solar, and wind energy projects. request under clause (i), the Secretary shall retary. (B) DEADLINE.— notify— (8) TERMINATION.— (i) GEOTHERMAL ENERGY.—For geothermal (I) each responsible party of that request, (A) IN GENERAL.—The pilot project shall energy, the Secretary shall establish priority using lists maintained by the Bureau; and terminate on the date that is 15 years after areas as soon as practicable, but not later (II) if applicable, the appropriate Federal the date of enactment of this Act. than 5 years, after the date of enactment of power marketing administration. (B) EFFECT.—Termination of the pilot this Act. (B) SELECTION.—Each year, the Secretary project under subparagraph (A) shall not af- (ii) SOLAR ENERGY.—For solar energy, the shall— fect any flood control rule curve developed Secretary shall establish additional priority (i) select 1 or more eligible works for inclu- as part of the pilot project. areas as soon as practicable, but not later sion in the pilot project; and than 3 years, after the date of enactment of (ii) submit a list of those eligible works SA 1355. Ms. MCSALLY submitted an this Act. to— amendment intended to be proposed by (iii) WIND ENERGY.—For wind energy, the (I) the Secretary of the Army; her to the bill S. 2657, to support inno- Secretary shall establish priority areas as (II) the Committee on Natural Resources of vation in advanced geothermal re- soon as practicable, but not later than 3 the House of Representatives; and search and development, and for other years, after the date of enactment of this (III) the Committee on Energy and Natural purposes; which was ordered to lie on Act. (2) VARIANCE AREAS.—To the maximum ex- Resources of the Senate. the table; as follows: tent practicable, variance areas shall be con- (C) EXCLUSION.—The Secretary shall not At the end of subtitle B of title I, add the sidered for renewable energy project develop- select an eligible works for inclusion in the following: ment, consistent with the principles of mul- pilot project under subparagraph (B)(i) if, SEC. 12ll. PUBLIC LAND RENEWABLE ENERGY tiple use (as defined in section 103 of the Fed- not later than 60 days after the date on DEVELOPMENT. eral Land Policy and Management Act of which the notice is provided to each respon- (a) DEFINITIONS.—In this section: 1976 (43 U.S.C. 1702)). sible party under subparagraph (A)(ii)(I), a (1) COVERED LAND.—The term ‘‘covered (3) REVIEW AND MODIFICATION.—Not less fre- majority of the responsible parties submit to land’’ means land that is— quently than once every 5 years, the Sec- the Secretary an objection to the inclusion (A) public land; and retary shall— of the eligible works in the pilot project. (B) not excluded from the development of (A) review the adequacy of land allocations (4) ADJUSTMENT OF A FLOOD CONTROL geothermal, solar, or wind energy under— for geothermal, solar, and wind energy pri- RULE.— (i) a land use plan established under the ority and variance areas for the purpose of (A) IN GENERAL.—The flood control rule Federal Land Policy and Management Act of encouraging new renewable energy develop- curve of an eligible works shall be adjusted 1976 (43 U.S.C. 1701 et seq.); or ment opportunities; and pursuant to section 7 of the Act of December (ii) other Federal law. (B) based on the review carried out under 22, 1944 (33 U.S.C. 709), if the Secretary of the (2) EXCLUSION AREA.—The term ‘‘exclusion subparagraph (A), add, modify, or eliminate Army determines that the adjustment would area’’ means covered land that is identified priority, variance, and exclusion areas. enhance the authorized purposes of the eligi- by the Bureau of Land Management as not (4) COMPLIANCE WITH THE NATIONAL ENVI- ble works. suitable for development of renewable en- RONMENTAL POLICY ACT.—For purposes of this (B) CONSIDERATIONS.—In the adjustment of ergy projects. subsection, compliance with the National a flood control rule curve under subpara- (3) FEDERAL LAND.—The term ‘‘Federal Environmental Policy Act of 1969 (42 U.S.C. graph (A), the following factors shall be con- land’’ means— 4321 et seq.) shall be accomplished— sidered: (A) National Forest System land; and (A) for geothermal energy, by (i) Forecast-informed reservoir operations. (B) public land. supplementing the October 2008 final pro- (ii) Improved hydrologic forecasting for— (4) FUND.—The term ‘‘Fund’’ means the Re- grammatic environmental impact statement (I) precipitation; newable Energy Resource Conservation Fund for geothermal leasing in the Western United (II) snowpack; established by subsection (h)(3)(A). States, including by incorporating any addi- (III) runoff; and (5) NATIONAL FOREST SYSTEM.—The term tional regional analyses that were completed (IV) soil moisture conditions. ‘‘National Forest System’’ has the meaning by Federal agencies after the date on which (iii) Any new watershed data, including given the term in section 11(a) of the Forest the programmatic environmental impact data provided by a responsible party for the and Rangeland Renewable Resources Plan- statement was finalized; eligible works. ning Act of 1974 (16 U.S.C. 1609(a)). (B) for solar energy, by supplementing the (C) CONSULTATION.—In the adjustment of a (6) PRIORITY AREA.—The term ‘‘priority July 2012 final programmatic environmental flood control rule curve under subparagraph area’’ means covered land identified by the impact statement for the Solar Energy Pro- (A), the following entities shall be consulted: land use planning process of the Bureau of gram of the Bureau of Land Management, in- (i) Each responsible party for the eligible Land Management as being a preferred loca- cluding by incorporating any additional re- works. tion for a renewable energy project, includ- gional analyses that were completed by Fed- (ii) In the case of an eligible works that ing a designated leasing area (as defined in eral agencies after the date on which the produces power marketed by the Federal section 2801.5(b) of title 43, Code of Federal programmatic environmental impact state- Government, the Federal power marketing Regulations (or a successor regulation)) that ment was finalized; and administration that markets the power. is identified under the rule of the Bureau of (C) for wind energy, by supplementing the (iii) The Secretary. Land Management entitled ‘‘Competitive July 2005 final programmatic environmental (5) CONSULTATION.—The Secretary shall Processes, Terms, and Conditions for Leasing impact statement for wind energy develop- consult with the Secretary of the Army with Public Lands for Solar and Wind Energy De- ment, including by incorporating any addi- respect to any action taken by the Secretary velopment and Technical Changes and Cor- tional regional analyses that were completed of the Army— rections’’ (81 Fed. Reg. 92122 (December 19, by Federal agencies after the date on which (A) pursuant to section 7 of the Act of De- 2016)) (or a successor regulation). the programmatic environmental impact cember 22, 1944 (33 U.S.C. 709); and (7) PUBLIC LAND.—The term ‘‘public land’’ statement was finalized. (B) that relates to the pilot project. has the meaning given the term ‘‘public (5) NO EFFECT ON PROCESSING APPLICA- (6) FUNDING.—The Secretary or the Sec- lands’’ in section 103 of the Federal Land TIONS.—A requirement to prepare a supple- retary of the Army, as appropriate, may ac- Policy and Management Act of 1976 (43 ment to a programmatic environmental im- cept amounts from responsible parties for el- U.S.C. 1702). pact statement under this subsection shall igible works to fund all or a portion of the (8) RENEWABLE ENERGY PROJECT.—The term not result in any delay in processing an ap- cost of carrying out an adjustment of a flood ‘‘renewable energy project’’ means a project plication for a renewable energy project. control rule under paragraph (4), including a carried out on covered land that uses wind, (6) COORDINATION.—In developing a supple- review or revision of operational documents solar, or geothermal energy to generate en- ment required by this subsection, the Sec- (including water control plans, water control ergy. retary shall coordinate, on an ongoing basis, manuals, water control diagrams, release (9) SECRETARY.—The term ‘‘Secretary’’ with appropriate State, Tribal, and local schedules, rule curves, operational agree- means the Secretary of the Interior. governments, transmission infrastructure ments with non-Federal entities, and any as- (10) VARIANCE AREA.—The term ‘‘variance owners and operators, developers, and other sociated environmental documentation). area’’ means covered land that— appropriate entities to ensure that priority (7) EFFECT.—Nothing in this subsection— (A) is not an exclusion area; and areas identified by the Secretary are— (A) affects or modifies any existing author- (B) is not a priority area. (A) economically viable (including having ity to review or modify— (b) LAND USE PLANNING; SUPPLEMENTS TO access to existing or planned transmission (i) reservoir operations, including any ex- PROGRAMMATIC ENVIRONMENTAL IMPACT capacity); isting forecast-informed reservoir operations STATEMENTS.— (B) likely to avoid or minimize conflict at a facility of the Corps of Engineers, such (1) PRIORITY AREAS.— with habitat for animals and plants, recre- as Coyote Dam; and (A) IN GENERAL.—The Secretary, in con- ation, cultural resources, and other uses of (ii) flood control operations; or sultation with the Secretary of Energy, shall covered land; and

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(C) consistent with section 202 of the Fed- (v) the Migratory Bird Treaty Act (16 (1) DEFINITION OF PROJECT.—In this sub- eral Land Policy and Management Act of U.S.C. 703 et seq.); section, the term ‘‘project’’ means a system 1976 (43 U.S.C. 1712), including subsection (vi) the preparation of analyses under the described in section 2801.9(a)(4) of title 43, (c)(9) of that section (43 U.S.C. 1712(c)(9)). National Environmental Policy Act of 1969 Code of Federal Regulations (as in effect on (c) ENVIRONMENTAL REVIEW ON COVERED (42 U.S.C. 4321 et seq.); the date of enactment of this Act). LAND.— (vii) implementation of the requirements (2) REQUIREMENT TO PAY RENTS AND FEES.— (1) IN GENERAL.—If the Secretary deter- of section 306108 of title 54, United States The owner of a project that applied for a mines that a proposed renewable energy Code (formerly known as section 106 of the right-of-way under section 501 of the Federal project has been sufficiently analyzed by a National Historic Preservation Act); Land Policy and Management Act of 1976 (43 programmatic environmental impact state- (viii) planning under section 14 of the Na- U.S.C. 1761) on or before December 19, 2016, ment conducted under subsection (b)(4), the tional Forest Management Act of 1976 (16 shall be obligated to pay with respect to the Secretary shall not require any additional U.S.C. 472a); and right-of-way all rents and fees in effect be- review under the National Environmental (ix) the Act of June 8, 1940 (54 Stat. 250, fore the effective date of the rule of the Bu- Policy Act of 1969 (42 U.S.C. 4321 et seq.). chapter 278; 16 U.S.C. 668 et seq.) (commonly reau of Land Management entitled ‘‘Com- (2) ADDITIONAL ENVIRONMENTAL REVIEW.—If known as the ‘‘Bald Eagle Protection Act’’). petitive Processes, Terms, and Conditions for the Secretary determines that additional en- (B) DUTIES.—Each employee assigned Leasing Public Lands for Solar and Wind En- vironmental review under the National Envi- under subparagraph (A) shall— ergy Development and Technical Changes ronmental Policy Act of 1969 (42 U.S.C. 4321 (i) be responsible for addressing all issues and Corrections’’ (81 Fed. Reg. 92122 (Decem- et seq.) is necessary for a proposed renewable relating to the jurisdiction of the home of- ber 19, 2016)). (g) RENEWABLE ENERGY GOAL.—The Sec- energy project, the Secretary shall rely on fice or agency of the employee; and retary and the Secretary of Agriculture, the analysis in the programmatic environ- (ii) participate as part of the team of per- through management of public land and ad- mental impact statement conducted under sonnel working on proposed energy projects, ministration of Federal laws, shall seek to subsection (b)(4) to the maximum extent planning, monitoring, inspection, enforce- ment, and environmental analyses. issue permits that, in total, authorize pro- practicable when analyzing the potential im- duction of not less than 25 gigawatts of elec- (4) CLARIFICATION OF EXISTING AUTHORITY.— pacts of the project. tricity from wind, solar, and geothermal en- Section 307 of the Federal Land Policy and (3) RELATIONSHIP TO OTHER LAW.—Nothing ergy projects by not later than December 31, Management Act of 1976 (43 U.S.C. 1737) is in this subsection modifies or supersedes any 2025. amended by adding at the end the following: requirement under applicable law. (h) DISPOSITION OF REVENUES.— ONATIONS (d) PROGRAM TO IMPROVE RENEWABLE EN- ‘‘(8) D .—The Secretary, in accord- (1) DISPOSITION OF REVENUES.—Without fur- ERGY PROJECT PERMIT COORDINATION.— ance with subsection (c), may accept dona- ther appropriation or fiscal year limitation, (1) ESTABLISHMENT.— tions from renewable energy companies of the amounts collected as bonus bids, rent- (A) IN GENERAL.—The Secretary shall es- working on public lands, including donations als, fees, or other payments under a right-of- tablish and implement, through the offices to help cover the costs of environmental re- way, permit, lease, or other authorization established under subparagraph (B), a pro- views.’’. (other than under section 504(g) of the Fed- gram to improve Federal permit coordina- (5) REPORT TO CONGRESS.— eral Land Policy and Management Act of tion with respect to renewable energy (A) IN GENERAL.—Not later than February 1 1976 (43 U.S.C. 1764(g))) for the development projects on covered land. of the first fiscal year beginning after the of wind or solar energy on covered land or (B) ESTABLISHMENT OF OFFICES.—To estab- date of enactment of this Act, and each Feb- National Forest System land— lish and implement the program described in ruary 1 thereafter, the Secretary shall sub- (A) for the period beginning on January 1, subparagraph (A), and to carry out other mit to the Committee on Energy and Nat- 2021, and ending on December 31, 2040— necessary activities, as determined by the ural Resources of the Senate and the Com- (i) 25 percent shall be paid by the Secretary Secretary, the Secretary shall establish— mittee on Natural Resources of the House of of the Treasury to the State within the (i) an office to serve as the National Re- Representatives a report describing the boundaries of which the revenue is derived; newable Energy Coordination Office; and progress made under the program established (ii) 25 percent shall be paid by the Sec- (ii) State, district, or field Renewable En- under paragraph (1)(A) during the preceding retary of the Treasury to the 1 or more coun- ergy Coordination Offices, for such time as year. ties within the boundaries of which the rev- the Secretary determines to be appropriate. (B) INCLUSIONS.—Each report under sub- enue is derived, to be allocated among the (2) MEMORANDUM OF UNDERSTANDING.— paragraph (A) shall include— counties based on the percentage of land (A) IN GENERAL.—Not later than 180 days (i) projections for renewable energy pro- from which the revenue is derived; after the date of enactment of this Act, the duction and capacity installations; and (iii) 15 percent shall be deposited in the Secretary shall enter into a memorandum of (ii) a description of any problems relating Treasury and be made available to the Sec- understanding for purposes of this sub- to leasing, permitting, siting, or production. retary to carry out the program established section, including to specifically expedite (e) INCREASING ECONOMIC CERTAINTY.— under subsection (d)(1), including the trans- the environmental analysis of applications (1) IN GENERAL.—The Secretary shall con- fer of the funds by the Bureau of Land Man- for projects proposed in a variance area or a sider the total amount paid in acreage rental agement to other Federal agencies and State priority area, with— rates, capacity fees, and other recurring an- agencies to facilitate the processing of re- (i) the Secretary of Defense; and nual fees in evaluating existing rates paid by newable energy permits on Federal land, (ii) the Secretary of Agriculture. renewable energy projects for the use of Fed- with priority given to using the amounts, to (B) STATE PARTICIPATION.—The Secretary eral land. the maximum extent practicable without may request the Governor of any interested (2) INCREASES IN BASE RENTAL RATES.— detrimental impacts to emerging markets, State to be a signatory to the memorandum After a base rental rate is established on an to expediting the issuance of permits re- of understanding under subparagraph (A). issuance of a right-of-way authorization, for quired for the development of renewable en- (3) DESIGNATION OF QUALIFIED STAFF.— the entire term of the right-of-way author- ergy projects in the States from which the (A) IN GENERAL.—Not later than 30 days ization, any increase in the base rental rate revenues are derived; and after the date on which the memorandum of shall be limited to the Implicit Price (iv) 35 percent shall be deposited in the understanding under paragraph (2) is exe- Deflator–Gross Domestic Product Index pub- Fund; and cuted, all Federal signatories, as appro- lished by the Bureau of Economic Analysis (B) beginning on January 1, 2041— priate, shall identify for the National Renew- of the Department of Commerce on the date (i) 25 percent shall be paid by the Secretary able Energy Coordination Office established of issuance of the right-of-way authoriza- of the Treasury to the State within the under paragraph (1)(B)(i) and each Renew- tion. boundaries of which the revenue is derived; able Energy Coordination Office established (3) REDUCTIONS IN BASE RENTAL RATES.— (ii) 25 percent shall be paid by the Sec- under paragraph (1)(B)(ii) 1 or more employ- The Secretary may reduce acreage rental retary of the Treasury to the 1 or more coun- ees who have expertise in the regulatory rates and capacity fees for existing and new ties within the boundaries of which the rev- issues relating to the office in which the em- wind and solar authorizations if the Sec- enue is derived, to be allocated among the ployee is employed, including, as applicable, retary determines— counties based on the percentage of land particular expertise in— (A) that the existing rates— from which the revenue is derived; (i) consultation regarding, and preparation (i) exceed fair market value; (iii) 10 percent shall be deposited in the of, biological opinions under section 7 of the (ii) impose economic hardships; Treasury and be made available to the Sec- Endangered Species Act of 1973 (16 U.S.C. (iii) limit commercial interest in a com- retary to carry out the program established 1536); petitive lease sale or right-of-way grant; or under subsection (d)(1), including the trans- (ii) permits under section 404 of the Fed- (iv) are not competitively priced compared fer of the funds by the Bureau of Land Man- eral Water Pollution Control Act (33 U.S.C. to other available land; or agement to other Federal agencies and State 1344); (B) that a reduced rental rate or capacity agencies to facilitate the processing of re- (iii) regulatory matters under the Clean fee is necessary to promote the greatest use newable energy permits on Federal land, Air Act (42 U.S.C. 7401 et seq.); of wind and solar energy resources, espe- with priority given to using the amounts, to (iv) the Federal Land Policy and Manage- cially inside priority areas. the maximum extent practicable without ment Act of 1976 (43 U.S.C. 1701 et seq.); (f) LIMITED GRANDFATHERING.— detrimental impacts to emerging markets,

VerDate Sep 11 2014 02:57 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.038 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1310 CONGRESSIONAL RECORD — SENATE March 3, 2020 to expediting the issuance of permits re- years beginning after the date of enactment from geothermal resources, as determined quired for the development of renewable en- of this Act’’ and inserting ‘‘through fiscal through flow or injection testing or measure- ergy projects in the States from which the year 2023’’. ment of lost circulation while drilling. revenues are derived; and (2) AUTHORIZATION.—Section 234(b) of the ‘‘(iii) QUALIFIED FEDERAL LAND.—The term (iv) 40 percent shall be deposited in the Energy Policy Act of 2005 (42 U.S.C. 15873(b)) ‘qualified Federal land’ means land that is Fund. is amended— available for leasing under this Act. (2) PAYMENTS TO STATES AND COUNTIES.— (A) by striking ‘‘Amounts’’ and inserting ‘‘(iv) QUALIFIED GEOTHERMAL PROFES- (A) IN GENERAL.—Amounts paid to States the following: SIONAL.—The term ‘qualified geothermal pro- and counties under paragraph (1) shall be ‘‘(1) IN GENERAL.—Amounts’’; and fessional’ means an individual who is an en- used consistent with section 35 of the Min- (B) by adding at the end the following: gineer or geoscientist in good professional eral Leasing Act (30 U.S.C. 191). ‘‘(2) AUTHORIZATION.—Effective for fiscal standing with at least 5 years of experience (B) PAYMENTS IN LIEU OF TAXES.—A pay- year 2021 and each fiscal year thereafter, in geothermal exploration, development, or ment to a county under subparagraph (A) amounts deposited under subsection (a) shall project assessment. shall be in addition to a payment in lieu of be available to the Secretary of the Interior ‘‘(v) QUALIFIED LESSEE.—The term ‘quali- taxes received by the county under chapter for expenditure, without further appropria- fied lessee’ means a person that is eligible to 69 of title 31, United States Code. tion or fiscal year limitation, to implement hold a geothermal lease under this Act (in- (3) RENEWABLE ENERGY RESOURCE CON- the Geothermal Steam Act of 1970 (30 U.S.C. cluding applicable regulations). SERVATION FUND.— 1001 et seq.) and this Act.’’. ‘‘(vi) VALID DISCOVERY.—The term ‘valid (A) IN GENERAL.—There is established in (j) FACILITATION OF COPRODUCTION OF GEO- discovery’ means a discovery, by a new or ex- the Treasury a fund, to be known as the ‘‘Re- THERMAL ENERGY ON OIL AND GAS LEASES.— isting slim hole or production well, of a geo- newable Energy Resource Conservation Section 4 of the Geothermal Steam Act of thermal resource that exhibits downhole or Fund’’, which shall be administered by the 1970 (30 U.S.C. 1003) is amended— flowing temperature measurements with in- Secretary, in consultation with the Sec- (1) in subsection (c), by striking ‘‘The Sec- dications of permeability that are sufficient retary of Agriculture. retary’’ and inserting the following: to meet industry standards. (B) USE OF FUNDS.—The Secretary may ‘‘(1) IN GENERAL.—The Secretary’’; make amounts in the Fund available to Fed- (2) in subsection (b), by redesignating para- ‘‘(B) AUTHORITY.—An area of qualified Fed- eral, State, local, and Tribal agencies to be graph (3) as paragraph (2) and moving the eral land that adjoins other land for which a distributed in regions in which renewable en- paragraph so as to appear after paragraph (1) qualified lessee holds a legal right to develop ergy projects are located on Federal land, for of subsection (c) (as designated by paragraph geothermal resources may be available for a the purposes of— (1)); and noncompetitive lease under this section to (i) restoring and protecting— (3) in subsection (c) (as amended by para- the qualified lessee at the fair market value (I) fish and wildlife habitat for affected graphs (1) and (2)), by adding at the end the per acre, if— species; following: ‘‘(i) the area of qualified Federal land— (II) fish and wildlife corridors for affected ‘‘(3) LAND SUBJECT TO OIL AND GAS LEASE.— ‘‘(I) consists of not less than 1 acre and not species; and ‘‘(A) DEFINITION OF LAND.—In this para- more than 640 acres; and (III) water resources in areas affected by graph, the term ‘land’ means land that— ‘‘(II) is not already leased under this Act or wind, geothermal, or solar energy develop- ‘‘(i) is under an oil and gas lease issued nominated to be leased under subsection (a); ment; and pursuant to the Mineral Leasing Act (30 ‘‘(ii) the qualified lessee has not previously (ii) preserving and improving recreational U.S.C. 181 et seq.) or the Mineral Leasing Act received a noncompetitive lease under this access to Federal land and water in an af- for Acquired Lands (30 U.S.C. 351 et seq.); paragraph in connection with the valid dis- fected region through an easement, right-of- ‘‘(ii) is subject to an approved application covery for which data has been submitted way, or other instrument from willing land- for permit to drill; and under clause (iii)(I); and owners for the purpose of enhancing public ‘‘(iii) from which oil and gas production is ‘‘(iii) sufficient geological and other tech- access to existing Federal land and water occurring. nical data prepared by a qualified geo- that is inaccessible or restricted. ‘‘(B) GEOTHERMAL ENERGY.—Land may be thermal professional has been submitted by (C) PARTNERSHIPS.—The Secretary may available for noncompetitive leasing under the qualified lessee to the applicable Federal enter into cooperative agreements with this section to the holder of an oil and gas land management agency that would lead in- State, local, and Tribal agencies, nonprofit lease described in subparagraph (A)(i)— dividuals who are experienced in the subject organizations, and other appropriate entities ‘‘(i) if the Secretary determines that geo- matter to believe that— to carry out the activities described in thermal energy will be produced from a well ‘‘(I) there is a valid discovery of geo- clauses (i) and (ii) of subparagraph (B). that is producing or is capable of producing thermal resources on the land for which the (D) INVESTMENT OF FUND.— oil and gas; and qualified lessee holds the legal right to de- (i) IN GENERAL.—Any amounts deposited in ‘‘(ii) to provide for the coproduction of geo- velop geothermal resources; and the Fund shall earn interest in an amount thermal energy with oil and gas.’’. ‘‘(II) those geothermal resources extend determined by the Secretary of the Treasury (k) NONCOMPETITIVE LEASING OF ADJOINING into the adjoining areas. on the basis of the current average market AREAS FOR DEVELOPMENT OF GEOTHERMAL ‘‘(C) REGULATIONS FOR DETERMINING FAIR yield on outstanding marketable obligations RESOURCES.—Section 4(c) of the Geothermal MARKET VALUE.—The Secretary shall promul- of the United States of comparable matu- Steam Act of 1970 (30 U.S.C. 1003(c)) (as gate regulations establishing a procedure to rities. amended by subsection (j)) is amended by determine fair market value per acre under (ii) USE.—Any interest earned under clause adding at the end the following: subparagraph (A)(i)(I) for purposes of this (i) may be expended in accordance with this ‘‘(4) ADJOINING LAND.— paragraph. paragraph. ‘‘(A) DEFINITIONS.—In this paragraph: ‘‘(D) ADMINISTRATION.— (E) REPORT TO CONGRESS.—At the end of ‘‘(i) FAIR MARKET VALUE PER ACRE.—The ‘‘(i) IN GENERAL.—The Secretary shall— each fiscal year, the Secretary shall submit term ‘fair market value per acre’ means a ‘‘(I) publish a notice of any request to lease to the Committee on Energy and Natural Re- dollar amount per acre that— land under this paragraph; sources of the Senate and the Committee on ‘‘(I) subject to subclause (II), is equal to ‘‘(II) provide to a qualified lessee and pub- Natural Resources of the House of Rep- the market value per acre, as determined by lish, with an opportunity for public comment resentatives a report identifying— the Secretary— for a period of 30 days, any proposed deter- (i) the amounts described in paragraph (1) ‘‘(aa) under regulations promulgated under mination under this paragraph of the fair that were collected during that fiscal year, this paragraph; market value per acre of an area that the organized by source; ‘‘(bb) taking into account the data de- qualified lessee seeks to lease under this (ii) the amount and purpose of payments scribed in subparagraph (B)(iii) regarding a paragraph; and made to each Federal, State, local, and Trib- valid discovery under subclause (I) of that ‘‘(III) provide to the qualified lessee and al agency under subparagraph (B) during subparagraph; and any adversely affected party the opportunity that fiscal year; and ‘‘(cc) not later than 180 days after the date to appeal the final determination of the fair (iii) the amount remaining in the Fund at on which the Secretary receives an applica- market value per acre of the area in an ad- the end of the fiscal year. tion for a lease under this paragraph; and ministrative proceeding before the applica- (F) INTENT OF CONGRESS.—It is the intent of ‘‘(II) shall be not less than the greater of— ble Federal land management agency, in ac- Congress that the revenues deposited and ‘‘(aa) 4 times the median amount paid per cordance with applicable law (including reg- used in the Fund shall supplement (and not acre for all land leased under this Act during ulations). supplant) annual appropriations for activi- the preceding year; or ‘‘(ii) LIMITATION ON NOMINATION.—After ties described in clauses (i) and (ii) of sub- ‘‘(bb) $50. publication of a notice of request to lease paragraph (B). ‘‘(ii) INDUSTRY STANDARDS.—The term ‘in- land under this paragraph, the Secretary (i) PROMOTING AND ENHANCING DEVELOP- dustry standards’ means the standards by may not accept any nomination to lease that MENT OF GEOTHERMAL ENERGY.— which a qualified geothermal professional as- land under subsection (a) unless the request (1) IN GENERAL.—Section 234(a) of the En- sesses whether downhole or flowing tempera- has been denied or withdrawn. ergy Policy Act of 2005 (42 U.S.C. 15873(a)) is ture measurements with indications of per- ‘‘(iii) ANNUAL RENTAL.—For purposes of amended by striking ‘‘in the first 5 fiscal meability are sufficient to produce energy section 5(a)(3), a lease awarded under this

VerDate Sep 11 2014 02:57 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.038 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1311 paragraph shall be considered a lease award- (2) in subsection (b), in the matter pre- by her to the bill S. 2657, to support in- ed in a competitive lease sale. ceding paragraph (1), by inserting ‘‘or other novation in advanced geothermal re- ‘‘(E) REGULATIONS.—Not later than 270 vehicle’’ after ‘‘ultra efficient vehicle’’; and search and development, and for other days after the date of enactment of the (3) in subsection (h)(1)(B), by striking purposes; which was ordered to lie on American Energy Innovation Act of 2020, the ‘‘automobiles, or components of auto- Secretary shall issue regulations to carry mobiles’’ and inserting ‘‘automobiles or the table; as follows: out this paragraph.’’. other vehicles, or components of auto- At the appropriate place, insert the fol- (l) SAVINGS CLAUSE.—Notwithstanding any mobiles or other vehicles’’. lowing: other provision of this section, the Secretary SEC. ll. STUDY ON THE IMPLEMENTATION OF shall continue to manage public land under SA 1357. Mrs. FEINSTEIN submitted MICROGRIDS IN WILDFIRE RISK the principles of multiple use and sustained AREAS. an amendment intended to be proposed Not later than 180 days after the date of yield in accordance with title I of the Fed- by her to the bill S. 2657, to support in- eral Land Policy and Management Act of enactment of this Act, the Secretary shall— 1976 (43 U.S.C. 1701 et seq.), including due novation in advanced geothermal re- (1) conduct a study relating to the imple- consideration of mineral and nonrenewable search and development, and for other mentation of microgrids in wildfire risk energy-related projects and other nonrenew- purposes; which was ordered to lie on areas, including assessments of— able energy uses, for the purposes of land use the table; as follows: (A) the means by which utilities can better planning, permit processing, and conducting At the appropriate place, insert the fol- plan for that implementation; environmental reviews. lowing: (B) any permitting changes at the local, State, or Federal level that are necessary for Mrs. FEINSTEIN submitted SEC. lll. REPORT ON WIRELESS PHONE SERV- that implementation; and SA 1356. ICE RESILIENCE. (C) any other barriers to that implementa- an amendment intended to be proposed (a) IN GENERAL.—The Federal Communica- tion; and by her to the bill S. 2657, to support in- tions Commission shall study, and publish a (2) make publicly available the results of novation in advanced geothermal re- report on, actions the Federal Government, the study conducted under paragraph (1). search and development, and for other telecommunications providers, and State purposes; which was ordered to lie on emergency officials should take to improve SA 1360. Mrs. FEINSTEIN submitted the table; as follows: the resilience of wireless phone service dur- an amendment intended to be proposed ing natural disasters, including wildfires. At the appropriate place in subtitle G of by her to the bill S. 2657, to support in- title I, insert the following: (b) CONTENTS.—In the report published under subsection (a), the Federal Commu- novation in advanced geothermal re- SEC. 17ll. ADVANCED TECHNOLOGY VEHICLES search and development, and for other MANUFACTURING INCENTIVE PRO- nications Commission shall— GRAM. (1) specify the type of pre-planned coordi- purposes; which was ordered to lie on Section 136 of the Energy Independence nation agreements between telecommuni- the table; as follows: and Security Act of 2007 (42 U.S.C. 17013) is cations providers, such as roaming and At the end of subtitle E of title I, insert amended— peering agreements and mutual aid arrange- the following: (1) in subsection (a)— ments, that should take effect during nat- SEC. 15ll. INTERIM STORAGE PILOT PROGRAM. (A) in paragraph (1)— ural disasters; and (a) DEFINITIONS.—In this section: (i) by redesignating subparagraphs (A) (2) assess the feasibility of expanding the (1) AFFECTED INDIAN TRIBE.—The term ‘‘af- through (C) as clauses (i) through (iii), re- one-call notification system programs under fected Indian tribe’’ has the meaning given spectively, and indenting appropriately; chapter 61 and section 60114 of title 49, the term in section 2 of the Nuclear Waste (ii) by striking the paragraph designation United States Code, to cover wireless phone Policy Act of 1982 (42 U.S.C. 10101). and heading and all that follows through service. (2) HIGH-LEVEL RADIOACTIVE WASTE.—The ‘‘meets—’’ and inserting the following: term ‘‘high-level radioactive waste’’ has the ‘‘(1) ADVANCED TECHNOLOGY VEHICLE.—The SA 1358. Mrs. FEINSTEIN submitted meaning given the term in section 2 of the term ‘advanced technology vehicle’ means— an amendment intended to be proposed Nuclear Waste Policy Act of 1982 (42 U.S.C. ‘‘(A) an ultra efficient vehicle; by her to the bill S. 2657, to support in- 10101). ‘‘(B) a light duty vehicle that meets—’’; novation in advanced geothermal re- (3) NUCLEAR WASTE FUND.—The term ‘‘Nu- (iii) in subparagraph (B)(iii) (as so redesig- search and development, and for other clear Waste Fund’’ means the Nuclear Waste nated), by striking the period at the end and purposes; which was ordered to lie on Fund established under section 302(c) of the inserting ‘‘; or’’; and the table; as follows: Nuclear Waste Policy Act of 1982 (42 U.S.C. (iv) by adding at the end the following: 10222(c)). ‘‘(C) a medium-duty or heavy-duty vehicle At the appropriate place in title I, insert (4) PILOT PROGRAM.—The term ‘‘pilot pro- that— the following: gram’’ means the pilot program carried out ‘‘(i)(I) is subject to regulations established SEC. lll. REPORT ON ENERGY USAGE OF NET- under subsection (b). by the Secretary of Transportation under WORK-ENABLED APPLIANCES AND (5) SPENT NUCLEAR FUEL.—The term ‘‘spent parts 523, 534, and 535 of title 49, Code of Fed- DEVICES. nuclear fuel’’ has the meaning given the eral Regulations (or successor regulations); (a) DEFINITIONS.—In this section: term in section 2 of the Nuclear Waste Pol- or (1) NETWORK-ENABLED APPLIANCE.—The icy Act of 1982 (42 U.S.C. 10101). ‘‘(II) is included in a vehicle type or class term ‘‘network-enabled appliance’’ means (b) PILOT PROGRAM.—Notwithstanding any that offers opportunities to substantially re- any product described in paragraphs (1) provision of the Nuclear Waste Policy Act of duce consumption of conventional motor through (20) of section 322(a) of the Energy 1982 (42 U.S.C. 10101 et seq.), the Secretary fuel, as determined by the Secretary by rule; Policy and Conservation Act (42 U.S.C. shall carry out a pilot program to license, and 6292(a)) capable of interacting and commu- construct, and operate 1 or more Federal ‘‘(ii) reduces consumption of conventional nicating with other electronic devices by consolidated storage facilities to provide in- motor fuel by 10 percent or greater as com- using wireless internet or other wireless pro- terim storage, as needed, for spent nuclear pared to model year 2010 medium- and heavy- tocols, interactively or autonomously. fuel and high-level radioactive waste located duty vehicles of a similar vehicle type or (2) NETWORK-ENABLED DEVICE.—The term on sites without an operating nuclear reac- class, unless the Secretary determines by ‘‘network-enabled device’’ means an elec- tor. rule that— tronic device capable of computation and (c) REQUESTS FOR PROPOSALS.—Not later ‘‘(I) the percentage is not achievable for a communication with other electronic devices than 120 days after the date of enactment of specific vehicle type or class; and by using wireless internet or other wireless this Act, the Secretary shall issue a request ‘‘(II) an alternative percentage for that ve- protocols, such as an electronic tablet, smart for proposals for cooperative agreements— hicle type or class will result in substantial speaker, and smart thermostat. (1) to obtain any license necessary from reductions in motor fuel consumption within (b) REPORT.—Not later than 180 days after the Nuclear Regulatory Commission for the the United States.’’; and the date of enactment of this Act, the Sec- construction of 1 or more consolidated stor- (B) by striking paragraph (4) and inserting retary shall submit to Congress a report that age facilities; the following: describes— (2) to demonstrate the safe transportation ‘‘(4) QUALIFYING COMPONENTS.—The term (1) the energy usage of network-enabled ap- of spent nuclear fuel and high-level radio- ‘qualifying components’ means components, pliances and network-enabled devices during active waste, as applicable; and systems, or groups of subsystems that the standby and active modes; and (3) to demonstrate the safe storage of spent Secretary determines— (2) recommendations for updating appli- nuclear fuel and high-level radioactive ‘‘(A) to be designed to improve fuel econ- ance efficiency standards to ensure max- waste, as applicable, at the 1 or more con- omy or otherwise substantially reduce con- imum energy efficiency of network-enabled solidated storage facilities, pending the con- sumption of conventional motor fuel; or appliances and network-enabled devices. struction and operation of deep geologic dis- ‘‘(B) to contribute measurably to the over- posal capacity for the permanent disposal of all improved fuel use of an advanced tech- SA 1359. Mrs. FEINSTEIN submitted the spent nuclear fuel or high-level radio- nology vehicle.’’; an amendment intended to be proposed active waste.

VerDate Sep 11 2014 02:57 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.038 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1312 CONGRESSIONAL RECORD — SENATE March 3, 2020 (d) CONSENT-BASED APPROVAL.—Prior to tion in advanced geothermal research SEC. 4005. ADJUSTMENT. siting a consolidated storage facility pursu- and development, and for other pur- Section 17 of the Mineral Leasing Act (30 ant to this section, the Secretary shall enter poses; which was ordered to lie on the U.S.C. 226) (as amended by section 4004) is into an agreement to host the facility with— table; as follows: amended by adding at the end the following: (1) the Governor of the State; At the end, add the following: ‘‘(r) ADJUSTMENT TO CERTAIN FEES.—The (2) each unit of local government within Secretary shall— the jurisdiction of which the facility is pro- TITLE IV—MINERAL LEASING ‘‘(1) not later than 4 years after the date of posed to be located; and SEC. 4001. INCREASED ONSHORE OIL AND GAS enactment of the American Energy Innova- (3) each affected Indian tribe. ROYALTY RATES. tion Act of 2020, and at least once every 4 (e) APPLICABILITY.—In carrying out this Section 17 of the Mineral Leasing Act (30 years thereafter, promulgate regulations ad- section, the Secretary shall comply with— U.S.C. 226) is amended— justing each of the per-acre dollar amounts (1) all licensing requirements and regula- (1) by striking ‘‘12.5’’ each place it appears of fees imposed under subsections (b), (d), tions of the Nuclear Regulatory Commission; and inserting ‘‘18.75’’; and and (q) and subsections (e) and (f) of section and (2) by striking ‘‘121⁄2 per centum’’ each 31 to reflect the change in the Consumer (2) all other applicable laws (including reg- place it appears and inserting ‘‘18.75 per- Price Index for All Urban Consumers pub- ulations). cent’’. lished by the Bureau of Labor Statistics; and (f) PILOT PROGRAM PLAN.—Not later than SEC. 4002. INCREASED MINIMUM BID AMOUNT. ‘‘(2) as the Secretary determines to be nec- 120 days after the date on which the Sec- Section 17(b) of the Mineral Leasing Act essary to enhance financial returns to the retary issues the request for proposals under (30 U.S.C. 226(b)) is amended— United States or to promote more efficient subsection (c), the Secretary shall submit to (1) in paragraph (1)(B)— management of oil and gas resources on Fed- Congress a plan to carry out this section (A) by striking the subparagraph designa- eral land, promulgate regulations adjusting that includes— tion and all that follows through the period any of the applicable per-acre dollar (1) an estimate of the cost of licensing, at the end of the first sentence and inserting amounts of fees imposed under subsection constructing, and operating a consolidated the following: (b), (d), or (q) or subsection (e) or (f) of sec- storage facility, including the transportation ‘‘(B) NATIONAL MINIMUM ACCEPTABLE BID.— tion 31, as applicable.’’. costs, on an annual basis, over the expected ‘‘(i) IN GENERAL.—Except as provided in lifetime of the facility; SEC. 4006. REINSTATEMENT OF COMPETITIVE clauses (ii) and (v), the national minimum LEASES. (2) a schedule for— acceptable bid shall be $10 per acre.’’; Section 31 of the Mineral Leasing Act (30 (A) obtaining any license necessary to con- (B) in the second sentence— U.S.C. 188) is amended— struct and operate a consolidated storage fa- (i) by striking ‘‘Thereafter, the Secretary’’ (1) in subsection (e)— cility from the Nuclear Regulatory Commis- and inserting the following: (A) by striking paragraph (2) and inserting sion; ‘‘(ii) ADJUSTMENT.—The Secretary’’; and the following: (B) constructing the facility; (ii) by striking ‘‘is necessary: (i) to en- ‘‘(2) payment of back rentals and the inclu- (C) transporting spent nuclear fuel to the hance’’ and inserting the following: ‘‘is nec- sion in a reinstated lease of a requirement facility; and essary— for future rentals at a rate of not less than (D) removing the spent nuclear fuel and de- ‘‘(I) to enhance’’; and $20 per acre per year;’’; commissioning the facility; (iii) by striking ‘‘(ii) to promote’’ and in- (B) in paragraph (3)— (3) an estimate of the cost of any financial serting the following: (i) in subparagraph (A)— assistance, compensation, or incentives pro- ‘‘(II) to promote’’; (I) by striking the subparagraph designa- posed to be paid to the host State, Indian (C) in the third sentence, by striking tion; tribe, or local government; ‘‘Ninety days’’ and inserting the following: (II) by striking ‘‘issued pursuant to the (4) an estimate of any future reductions in ‘‘(iii) NOTIFICATION.—90 days’’; provisions of section 17(b) of this Act’’; the damages expected to be paid by the (D) in the fourth sentence, by striking (III) by striking ‘‘162⁄3’’ and inserting ‘‘25’’; United States for the delay of the Depart- ‘‘The proposal’’ and inserting the following: and ment in accepting spent nuclear fuel ex- ‘‘(iv) NEPA.—The proposal’’; and (IV) by inserting ‘‘and’’ after the semi- pected to result from the pilot program; (E) by adding at the end the following: colon; and (5) recommendations for any additional ‘‘(v) EXCEPTION.—To ensure a return of fair (ii) by striking subparagraph (B); and legislation needed to authorize and imple- market value, as determined by the Sec- (C) in the second sentence of the undesig- ment the pilot program; and retary, the Secretary may establish in a no- nated matter following paragraph (4), by (6) recommendations for a mechanism to tice of competitive lease sale a minimum ac- striking ‘‘, but not to exceed $500’’; and ensure that any spent nuclear fuel or high- ceptable bid applicable to the lease sale or 1 (2) in subsection (f)— level radioactive waste stored at a consoli- or more parcels within the lease sale that is (A) in paragraph (3), by striking ‘‘$5’’ and dated storage facility pursuant to this sec- higher than the national minimum bid under inserting ‘‘$10’’; and tion shall move to deep geologic disposal ca- clause (i).’’; and (B) in paragraph (4), by striking ‘‘121⁄2’’ and pacity, following a consent-based approval (2) in subsection (b)(2)(C), by striking ‘‘$2 inserting ‘‘25’’. process for that deep geologic disposal capac- per acre’’ and inserting ‘‘$10 per acre’’. ity consistent with subsection (d), within a SEC. 4003. INCREASED ONSHORE OIL AND GAS SEC. 4007. FISCAL REFORM STUDY AND REPORT. reasonable time after the issuance of a li- RENTAL RATES. (a) IN GENERAL.—The Comptroller General cense to construct and operate the consoli- Section 17(d) of the Mineral Leasing Act of the United States shall offer to enter into dated storage facility. (30 U.S.C. 226(d)) is amended, in the first sen- an arrangement with the National Academy (g) PUBLIC PARTICIPATION.—Prior to choos- tence— of Sciences under which the National Acad- ing a site for the construction of a consoli- (1) by striking ‘‘$1.50 per acre’’ and insert- emy of Sciences, in cooperation with the dated storage facility under this section, the ing ‘‘$3 per acre’’; and Comptroller General of the United States, Secretary shall conduct 1 or more public (2) by striking ‘‘$2 per acre’’ and inserting shall conduct a study evaluating the effi- hearings in the vicinity of each potential ‘‘$5 per acre’’. ciency and effectiveness of the implementa- site and in at least 1 other location within SEC. 4004. FEE FOR EXPRESSION OF INTEREST. tion of this title and the amendments made the State in which the site is located to so- Section 17 of the Mineral Leasing Act (30 by this title. licit public comments and recommendations. U.S.C. 226) is amended by adding at the end (b) CONSIDERATIONS.—The study conducted (h) USE OF NUCLEAR WASTE FUND.—The the following: under subsection (a) shall include consider- Secretary may make expenditures from the ‘‘(q) FEE FOR EXPRESSION OF INTEREST.— ation of— Nuclear Waste Fund to carry out this sec- ‘‘(1) IN GENERAL.—The Secretary shall (1) the systems of the Department of the tion, subject to appropriations. charge any person who submits, in accord- Interior for collecting and auditing pay- ance with procedures established by the Sec- ments under this title and the amendments SA 1361. Mrs. FEINSTEIN submitted retary to carry out this subsection, an ex- made by this title; an amendment intended to be proposed pression of interest in leasing land available (2) the performance of the stewardship of by her to the bill S. 2657, to support in- for disposition under this section for explo- the Department of the Interior and the dis- novation in advanced geothermal re- ration for, and development of, oil or gas a position of receipts by the Department of the search and development, and for other fee, in an amount determined by the Sec- Interior in carrying this title and the amend- purposes; which was ordered to lie on retary under paragraph (2). ments made by this title; and the table; as follows: ‘‘(2) AMOUNT.—The fee authorized under (3) the performance of the valuation ap- paragraph (1) shall be established by the Sec- proach carried out under this title and the Strike section 1031. retary in an amount that is determined by amendments made by this title, including a the Secretary to be appropriate to cover the review of whether other approaches could SA 1362. Mr. UDALL (for himself and aggregate cost of processing an expression of more fully capture foregone revenue of leas- Mr. GRASSLEY) submitted an amend- interest under this subsection, but not less ing in low-market conditions in light of ment intended to be proposed by him than $15 per acre of the area covered by the other possible economic uses at different to the bill S. 2657, to support innova- applicable expression of interest.’’. points in the future.

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(c) REPORT.—If the Comptroller General of effects of climate change and practice re- (d) INTEREST.—Clean Energy Victory Bonds the United States enters into an arrange- sponsible consumer behavior. shall bear interest at the rate the Secretary ment with the National Academy of Sciences (5) The Office of Energy Efficiency and Re- sets for Savings Bonds of Series EE and Se- under subsection (a), not earlier than 3, but newable Energy of the Department of Energy ries I, plus a rate of return determined by not later than 5, years after the date of en- (referred to in this section as the ‘‘EERE’’) the Secretary which is based on the valu- actment of this Act, the Comptroller General estimates that taxpayer investment of ation of— shall submit to Congress a report that de- $12,000,000,000 into the EERE research and de- (1) savings achieved through reduced en- scribes the results of the study conducted velopment portfolio has already yielded an ergy spending by the Federal Government re- under that subsection. estimated net economic benefit to the sulting from clean energy projects funded United States of more than $230,000,000,000, from the proceeds of such bonds; and SA 1363. Mr. UDALL submitted an with an overall annual return on investment (2) interest collected on loans financed or amendment intended to be proposed by of more than 20 percent. guaranteed from the proceeds of such bonds. him to the bill S. 2657, to support inno- (6) Investments in renewable energy and (e) FULL FAITH AND CREDIT.—Payment of interest and principal with respect to any vation in advanced geothermal re- energy efficiency projects in the United States create green jobs throughout the Na- Clean Energy Victory Bond issued under this search and development, and for other tion. New and innovative jobs could be cre- section shall be made from the general fund purposes; which was ordered to lie on ated through expanded government support of the Treasury of the United States and the table; as follows: for clean energy and energy efficiency. shall be backed by the full faith and credit of On page 383, line 8, insert ‘‘the Adminis- (7) As Americans choose energy efficiency the United States. (f) PROMOTION.— trator of the Environmental Protection and clean energy and transportation, it re- (1) IN GENERAL.—The Secretary shall take Agency, the Secretary of State,’’ before ‘‘the duces our dependence on foreign oil and im- such actions, independently and in conjunc- Secretary’’. proves our energy security. tion with financial institutions offering On page 383, line 12, strike ‘‘national and’’ (8) Bonds are a low-cost method for encour- Clean Energy Victory Bonds, to promote the and insert ‘‘environmental, public health, aging clean energy, as they do not require di- purchase of Clean Energy Victory Bonds, in- climate, national, and’’. rect budget allocations or expenditures. The On page 383, line 25, strike ‘‘and’’. projects supported through Clean Energy cluding campaigns describing the financial On page 384, line 23, strike the period and Victory Bonds will create jobs and business and social benefits of purchasing Clean En- insert ‘‘; and’’. revenues that will increase Federal tax reve- ergy Victory Bonds. On page 384, between lines 23 and 24, insert nues, while simultaneously reducing nation- (2) PROMOTIONAL ACTIVITIES.—For purposes the following: wide health and environmental costs in- of paragraph (1), promotional activities may (C) an analysis of the environmental, eco- curred by the Federal Government. include advertisements, pamphlets, or other nomic, and public health risks with respect (9) Bonds are voluntary measures that promotional materials— (A) in periodicals; to the proposed infrastructure, including an allow Americans to contribute financially in (B) on billboards and other outdoor venues; analysis of— whatever amount is available to them. (C) on television; (i) the climate impacts of the proposed in- (10) During World War II, over 80 percent of (D) on radio; frastructure during each of the 20- and 50- American households purchased Victory (E) on the internet; year periods beginning on the date on which Bonds to support the war effort, raising over (F) within financial institutions; or the proposed infrastructure is constructed; $185,000,000,000, or over $2,000,000,000,000 in to- (G) any other venues or outlets the Sec- (ii) the environmental and public health day’s dollars. retary may identify. impacts (including any cumulative impacts) SEC. 4003. DEFINITIONS. of the proposed infrastructure on commu- SEC. 4005. CLEAN ENERGY VICTORY BONDS For purposes of this title: TRUST FUND. nities in the vicinity of the proposed infra- (1) CLEAN ENERGY PROJECT.—The term (a) IN GENERAL.—Subchapter A of chapter structure; ‘‘clean energy project’’ means a technology 98 of the Internal Revenue Code of 1986 is (iii) the impacts of the proposed infrastruc- that provides— amended by adding at the end the following ture on contributions to ocean plastic waste; (A) performance-based energy efficiency new section: (iv) any economic risks associated with the improvements; or ‘‘SEC. 9512. CLEAN ENERGY VICTORY BONDS proposed infrastructure if global tempera- (B) clean energy improvements, includ- TRUST FUND. ture increases were to be limited to 1.5 de- ing— ‘‘(a) CREATION OF TRUST FUND.—There is gree Celsius; and (i) electricity generated from solar, wind, established in the Treasury of the United (v) which geographical areas would be geothermal, small-scale hydropower, and States a trust fund to be known as the ‘Clean using the products produced from the pro- hydrokinetic energy sources; Energy Victory Bonds Trust Fund’, con- posed infrastructure. (ii) fuel cells using non-fossil fuel sources; sisting of such amounts as may be appor- (iii) advanced storage technologies; tioned or credited to such Trust Fund as pro- SA 1364. Mr. UDALL submitted an (iv) next generation biofuels from sustain- vided in this section or section 9602(b). amendment intended to be proposed by able non-food feedstocks; and ‘‘(b) TRANSFERS TO TRUST FUND.—There him to the bill S. 2657, to support inno- (v) electric vehicle infrastructure. are hereby appropriated to the Trust Fund— vation in advanced geothermal re- (2) SECRETARY.—The term ‘‘Secretary’’ ‘‘(1) amounts equivalent to revenue from search and development, and for other means the Secretary of the Treasury or the the issuance of Clean Energy Victory Bonds Secretary’s delegate. under section 4 of the Clean Energy Victory purposes; which was ordered to lie on Bond Act of 2020, and the table; as follows: SEC. 4004. CLEAN ENERGY VICTORY BONDS. (a) IN GENERAL.—Not later than 6 months ‘‘(2) any gifts or bequests made to the At the end, add the following: after the date of the enactment of this Act, Trust Fund which are accepted by the Sec- TITLE IV—AMENDMENTS TO THE the Secretary, in consultation with the Sec- retary for the benefit of such Fund or any INTERNAL REVENUE CODE OF 1986 retary of Energy and the Secretary of De- activity financed through such Fund. ‘‘(c) EXPENDITURES FROM TRUST FUND.— SEC. 4001. SHORT TITLE. fense, shall issue bonds to be known as ‘‘Clean Energy Victory Bonds’’, the proceeds Amounts in the Trust Fund shall be avail- This title may be cited as the ‘‘Clean En- able, without further appropriation, to fi- ergy Victory Bond Act of 2020’’. from which shall be used to carry out the purposes described in subsection (c) of sec- nance clean energy projects (as defined in SEC. 4002. FINDINGS. tion 9512 of the Internal Revenue Code of 1986 section 3 of the Clean Energy Victory Bond Congress finds the following: (as added by section 4005). Act of 2020) at the Federal, State, and local (1) Potential exists for increasing clean (b) SAVINGS BOND.—Any Clean Energy Vic- level, which may include— and renewable energy production and energy tory Bond issued under this section shall be ‘‘(1) providing additional support to exist- efficiency installation in the United States. issued by the Secretary— ing Federal financing programs available to (2) Other nations, including China and Ger- (1) as a savings bond of series EE, or as ad- States for energy efficiency upgrades and many, are ahead of the United States in ministered by the Bureau of the Fiscal Serv- clean energy deployment, manufacturing and deploying various clean ice of the Department of the Treasury, in a ‘‘(2) providing funding for clean energy in- energy technologies, even though many of manner consistent with the provisions of vestments by all Federal agencies, these technologies were invented in the section 3105 of title 31, United States Code; ‘‘(3) providing funding for electric grid en- United States. and hancements and connections that enable (3) Climate change represents an existen- (2) in denominations of $25 and such other clean energy deployment, tial threat to the safety, security, and econ- amounts as are determined appropriate by ‘‘(4) providing funding to renovate existing omy of the United States. Rapid and robust the Secretary, and shall mature within such inefficient buildings or building new energy deployment of clean energy will reduce periods as determined by the Secretary. efficient buildings, greenhouse gas emissions and mitigate the (c) AMOUNT OF CLEAN ENERGY VICTORY ‘‘(5) providing tax incentives and tax cred- effects of climate change on American soci- BONDS.—The aggregate face amount of the its for clean energy technologies, ety. Clean Energy Victory Bonds issued annually ‘‘(6) providing funding for new innovation (4) Many segments of the American public under this section shall be not greater than research, including ARPA–E, public competi- want to take charge of efforts to combat the $50,000,000,000. tions similar to those designed by the X

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Prize Foundation, grants provided through (i) the legal and beneficial title to which (c) HARDROCK MINERALS RECLAMATION the Office of Energy Efficiency and Renew- remains in the United States; and FUND.— able Energy of the Department of Energy, or (ii) that is not subject to disposition (1) ESTABLISHMENT.—There is established other mechanisms to fund revolutionary under— in the Treasury of the United States a sepa- clean energy technology, (I) the Mineral Leasing Act (30 U.S.C. 181 rate account, to be known as the ‘‘Hardrock ‘‘(7) providing additional support to exist- et seq.); Minerals Reclamation Fund’’, consisting of— ing Federal, State, and local grant programs (II) the Geothermal Steam Act of 1970 (30 (A) any amounts collected under sub- that finance clean energy projects, and U.S.C. 1001 et seq.); section (b); ‘‘(8) providing funding for zero-emission ve- (III) the Act of July 31, 1947 (commonly (B) any amounts collected under sub- hicle infrastructure and manufacturing.’’. known as the ‘‘Materials Act of 1947’’) (30 section (d); and (b) CLERICAL AMENDMENT.—The table of U.S.C. 601 et seq.); or (C) any income on investments under para- sections for subchapter A of chapter 98 of (IV) the Act of August 7, 1947 (commonly graph (2). such Code is amended by adding at the end known as the ‘‘Mineral Leasing Act for Ac- (2) INVESTMENT.— the following new item: quired Lands’’) (30 U.S.C. 351 et seq.). (A) IN GENERAL.—The Secretary shall no- ‘‘Sec. 9512. Clean Energy Victory Bonds (B) EXCLUSIONS.—The term ‘‘locatable min- tify the Secretary of the Treasury of any Trust Fund.’’. eral’’ does not include any mineral that is— portion of the Fund that the Secretary de- (i) subject to a restriction against alien- termines is not required to meet current SA 1365. Mr. UDALL submitted an ation imposed by the United States; and withdrawals. amendment intended to be proposed by (ii) held in trust by the United States for, (B) ELIGIBLE INVESTMENTS.—The Secretary him to the bill S. 2657, to support inno- or owned by, any Indian tribe or member of of the Treasury shall invest portions of the vation in advanced geothermal re- an Indian tribe, as defined in section 2 of the Fund identified under subparagraph (A) in search and development, and for other Indian Mineral Development Act of 1982 (25 public debt securities with maturities suit- U.S.C. 2101). able for the needs of the Fund. purposes; which was ordered to lie on (8) SECRETARY.—The term ‘‘Secretary’’ (3) INTEREST.—Investments in public debt the table; as follows: means the Secretary of the Interior. securities shall bear interest at rates deter- At the end of title II, add the following: (b) ROYALTY.— mined by the Secretary of the Treasury, tak- Subtitle D—Miscellaneous (1) IN GENERAL.—Subject to paragraphs (3) ing into consideration current market yields SEC. 24ll. CODIFICATION OF FINAL RULE RE- and (4), production of all locatable minerals on outstanding marketplace obligations of LATING TO WASTE PREVENTION. from any mining claim located under the the United States of comparable maturity. The final rule of the Bureau of Land Man- general mining laws shall be subject to a (4) ADMINISTRATION.—The Fund shall be ad- agement entitled ‘‘Waste Prevention, Pro- royalty established by the Secretary by reg- ministered by the Secretary, acting through duction Subject to Royalties, and Resource ulation of not less than 5 percent, and not the Director of the Office of Surface Mining Conservation’’ (81 Fed. Reg. 83008 (November more than 8 percent, of the gross income Reclamation and Enforcement. 18, 2016)) shall have the force and effect of from mining for production of all locatable (5) EXPENDITURES.—Subject to paragraph law. minerals. (7), amounts in the Fund may, without fiscal (2) ROYALTY RATE.—The regulation shall year limitation and without further appro- SA 1366. Mr. UDALL (for himself, Mr. establish a reasonable royalty rate for each priation— HEINRICH, Mr. BENNET, Ms. HARRIS, Mr. locatable mineral subject to a royalty under (A) be expended by the Secretary for the MARKEY, and Ms. STABENOW) submitted this subsection that may vary based on the purposes described in paragraph (7); an amendment intended to be proposed locatable mineral concerned. (B) be transferred by the Secretary to the by him to the bill S. 2657, to support in- (3) NO ROYALTY FOR FEDERAL LAND SUBJECT Director of the Bureau of Land Management, TO EXISTING PERMIT.—No royalty under para- novation in advanced geothermal re- the Chief of the Forest Service, the Director graph (1) shall be required for production on of the National Park Service, the Director of search and development, and for other Federal land that— the United States Fish and Wildlife Service, purposes; which was ordered to lie on (A) is subject to an approved plan of oper- or the head of any other Federal agency, the table; as follows: ations or an operations permit on the date of that develops, implements, and has the abil- At the appropriate place, insert the fol- the enactment of this Act; and ity to carry out all or a significant portion lowing: (B) produces valuable locatable minerals in of a reclamation program under this sub- SEC. llll. HARDROCK MINING AND RECLAMA- commercial quantities on the date of enact- section; or TION. ment of this Act. (C) be transferred by the Secretary to an (a) DEFINITIONS.—In this section: (4) ROYALTY RELIEF.— Indian tribe or a State with an approved rec- (1) ABANDONED HARDROCK MINE STATE.—The (A) IN GENERAL.—Subject to subparagraph lamation program, as provided in paragraph term ‘‘abandoned hardrock mine State’’ (B), in order to promote the greatest ulti- (6). means each of the States of Alaska, Arizona, mate recovery pursuant to a mining permit (6) STATE AND TRIBAL RECLAMATION PRO- California, Colorado, Idaho, Montana, Ne- or a plan of operations under which produc- GRAMS.— vada, New Mexico, North Dakota, Oregon, tion in commercial quantities has occurred (A) IN GENERAL.—Each State having within South Dakota, Utah, Washington, and Wyo- and in the interest of conservation of natural the borders of the State, or Indian tribe hav- ming. resources, the Secretary may reduce any ing within the borders of the reservation of (2) FEDERAL LAND.—The term ‘‘Federal royalty otherwise required for all or part of the Indian tribe, mined land that is eligible land’’ means any land and any interest in a mining operation under paragraph (1), on a for reclamation under this subsection may land that is— showing by clear and convincing evidence by submit to the Secretary a reclamation pro- (A) owned by the United States; and the person conducting mineral activities gram for the land. (B) open to location of mining claims under the operations or mining permit or (B) APPROVAL.—If the Secretary deter- under the general mining laws. plan of operations that, without the reduc- mines that a State or Indian tribe has devel- (3) FUND.—The term ‘‘Fund’’ means the tion in royalty, production would not occur. oped and submitted a program for reclama- Hardrock Minerals Reclamation Fund estab- (B) EFFECTIVE DATE.—Any reduction in a tion of abandoned mines consistent with the lished by subsection (c)(1). royalty provided for by this paragraph shall priorities established under paragraph (7)(C) (4) INDIAN LAND.—The term ‘‘Indian land’’ not be effective until 60 days after the date and has the ability and necessary State or means land that is— on which the Secretary— tribal legislation to implement this sub- (A) held in trust for the benefit of an In- (i) publishes public notice of the royalty section, the Secretary shall— dian tribe or member of an Indian tribe; or reduction; and (i) approve the program; and (B) held by an Indian tribe or member of an (ii) submits to the Committee on Energy (ii) grant to the State or Indian tribe the Indian tribe, subject to a restriction by the and Natural Resources of the Senate and the exclusive responsibility and authority to im- United States against alienation. Committee on Natural Resources of the plement the approved program. (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ House of Representatives notice and a state- (C) WITHDRAWAL OF APPROVAL.—The Sec- has the meaning given the term in section 4 ment of the reasons for granting the royalty retary shall withdraw the approval and au- of the Indian Self-Determination and Edu- reduction. thorization if the Secretary determines that cation Assistance Act (25 U.S.C. 5304). (5) FEDERAL LAND NOT SUBJECT TO EXISTING the State or tribal program is not in compli- (6) HARDROCK MINERAL.—The term OPERATIONS PERMIT.—Production from any ance with procedures, guidelines, and re- ‘‘hardrock mineral’’ has the meaning given Federal land not specifically approved for quirements established by the Secretary. the term ‘‘locatable mineral’’ except that— mineral extraction under a plan of oper- (D) APPROVAL OF EXISTING PROGRAMS.— (A) legal and beneficial title to the mineral ations or an operations permit in existence Subject to subparagraph (C), any State pro- need not be held by the United States; and on the date of enactment of this Act shall be gram in an abandoned hardrock mine State (B) paragraph (7)(B) does not apply to this subject to the royalty described in paragraph or tribal program for reclamation of aban- paragraph. (1). doned mines approved under title IV of the (7) LOCATABLE MINERAL.— (6) DEPOSIT.—Amounts received by the Surface Mining Control and Reclamation (A) IN GENERAL.—The term ‘‘locatable min- United States as royalties under this sub- Act of 1977 (30 U.S.C. 1231 et seq.) before the eral’’ means any mineral— section shall be deposited in the Fund. date of enactment of this Act and in good

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(ii) MULTIPLE PRIORITIES.—In complying stream habitats; (7) USE AND OBJECTIVES OF THE FUND.— with the priorities established under this (iii) restore instream habitat conditions (A) USE.— subparagraph, funds may be expended for necessary to support aquatic species; (i) IN GENERAL.—The Secretary may, with- reclamation activities under clause (i)(II) be- (iv) restore vegetative cover and out fiscal year limitation and without fur- fore the completion of all reclamation streamside areas to control erosion and im- ther appropriation, use amounts in the Fund projects under clause (i)(I) if the expenditure prove conditions for fish and wildlife; for the reclamation and restoration of land of the funds for reclamation activities under (v) control and remove noxious weeds and and water resources adversely affected by clause (i)(II) is made in conjunction with rec- invasive species associated with historic past hardrock minerals and mining and re- lamation activities under clause (i)(I). mining disturbances that affect fish and lated activities in abandoned hardrock mine (iii) MINIMUM EXPENDITURE.—Notwith- wildlife; States and on Indian land located within the standing clauses (i) and (ii), not less than 25 (vi) restore fish and wildlife habitat in exterior boundaries of abandoned hardrock percent of the expenditures by the Secretary cases in which previous hardrock minerals mine States, including the conduct of activi- on Federal lands for any year shall be for the and mining activity limits fish and wildlife ties— purposes described in clause (i)(II). productivity; (I) to protect public health and safety; (vii) protect and restore fish and wildlife (D) ELIGIBLE LAND AND WATER.— (II) to prevent, abate, treat, and control habitat in areas affected by historic minerals (i) IN GENERAL.—Amounts may be expended water pollution created by abandoned mine for reclamation activities under this para- and mining activity; and drainage, including activities conducted in graph only with respect to land or water re- (viii) mitigate impacts to watersheds af- watersheds; fected by past hardrock minerals and mining sources if the land or water resources have (III) to reclaim and restore abandoned sur- activities. been— face and underground mined areas; (G) RESPONSE OR REMOVAL ACTIONS.— (I) affected by hardrock mineral mining ac- (IV) to reclaim and restore abandoned (i) IN GENERAL.—Reclamation and restora- tivities; and milling and processing areas; tion activities conducted under this para- (II) abandoned or left in an inadequate rec- (V) to backfill, seal, or otherwise control graph that constitute a removal or remedial lamation status. abandoned underground mine entries; action under section 101 of the Comprehen- (ii) SPECIFIC SITES AND AREAS NOT ELIGI- (VI) to revegetate land adversely affected sive Environmental Response, Compensa- BLE.—Section 411(d) of the Surface Mining by past mining activities— tion, and Liability Act of 1980 (42 U.S.C. 9601) Control and Reclamation Act of 1977 (30 (aa) to prevent erosion and sedimentation; shall be conducted only with the concurrence U.S.C. 1240a(d)) shall apply to expenditures and of the Administrator of the Environmental from the Fund. (bb) for any other reclamation purpose; Protection Agency. (iii) INVENTORY.— (VII) to control surface subsidence due to (ii) MEMORANDUM OF UNDERSTANDING.—The (I) IN GENERAL.—The Secretary shall— abandoned underground mines; and Secretary and the Administrator of the En- (aa) prepare and maintain a publicly avail- (VIII) to enhance fish and wildlife habitat. vironmental Protection Agency shall enter able inventory of abandoned hardrock min- (ii) DETERMINATION.—Before expending into a memorandum of understanding to es- erals mines on Federal land, State land, amounts in the Fund for the purposes de- tablish procedures for consultation, concur- other publicly owned land, private land, and scribed in clause (i), the Secretary shall rence, training, the exchange of technical ex- any abandoned mine on Indian land that make a determination that there is no con- pertise, and the conduct of joint activities, may be eligible for expenditures under this tinuing reclamation responsibility of the as appropriate, that provide assurances that paragraph; and claim holder, operator, or other person who reclamation or restoration activities under (bb) submit to Congress an annual report abandoned the site before completion of the this paragraph shall not be conducted in a that describes the progress in reclaiming the required reclamation under Federal or State manner that— sites listed on the inventory. law. (I) increases the costs or likelihood of re- (II) MAXIMUM EXPENDITURE.—The Sec- (B) ALLOCATION.—Of the amounts deposited moval or remedial actions under the Com- retary shall expend not more than $5,000,000 in the Fund each fiscal year— prehensive Environmental Response, Com- to carry out the inventory required by this (i) 20 percent shall be allocated by the Sec- pensation, and Liability Act of 1980 (42 clause. retary for expenditure by the Secretary or, if U.S.C. 9601 et seq.); or (E) GRANTS TO CERTAIN STATES AND INDIAN a State or Indian tribe has an approved pro- (II) to the maximum extent practicable, TRIBES.— gram pursuant to paragraph (6), by the State avoids oversight by multiple agencies. (i) IN GENERAL.—The Secretary shall use or Indian tribe, in the States in which, or on (d) ABANDONED MINE LAND RECLAMATION amounts made available under subparagraph Indian land on which, hardrock minerals are FEE.— (B)(IV) to make grants to States (other than produced, based on a formula reflecting ex- (1) IMPOSITION OF FEE.—Each operator of a isting production in the State or on the land abandoned hardrock mine States) and Indian hardrock minerals mining operation shall of the Indian tribe; tribes to carry out reclamation and restora- pay to the Secretary, for deposit in the (ii) 30 percent shall be allocated by the tion of land and water resources adversely Fund, a reclamation fee in an amount estab- Secretary for expenditure by the Secretary affected by past hardrock minerals and min- lished by the Secretary by regulation of not or, if a State or Indian tribe has an approved ing activities, including the conduct of ac- less than 1 percent, and not more than 3 per- program pursuant to paragraph (6), by the tivities described in subparagraph (A)(i). cent, of the value of the production from the State or Indian tribe, in the States and on (ii) DETERMINATION.—Before awarding a hardrock minerals mining operation for each Indian land using a formula based on the grant under this subparagraph, the Sec- calendar year. quantity of hardrock minerals historically retary shall make a determination that (2) VALUE OF PRODUCTION.—For purposes of produced in the State or from the Indian there is no continuing reclamation responsi- this subsection, the Secretary shall deter- land before the date of enactment of this bility of any person who abandoned the site mine the value of production in the same Act; before completion of required reclamation manner as provided under subsection (b)(1). (iii) 25 percent shall be allocated by the under Federal or State law. (3) PAYMENT DEADLINE.—The reclamation Secretary for expenditure on Federal land; (iii) CRITERIA.—The Secretary shall estab- fee shall be paid not later than 60 days after (iv) 10 percent shall be available to the lish by regulation the procedures and cri- the end of each calendar year beginning with Secretary for grants under subparagraph (E); teria for awarding grants under this subpara- the first calendar year occurring after the (v) 10 percent shall be available to the Sec- graph, which shall include— date of enactment of this Act. retary for grants under subparagraph (F); (I) consistency with the priorities estab- (4) DEPOSIT OF REVENUES.—Amounts re- and lished under subparagraph (C)(i); and ceived by the Secretary under paragraph (1) (vi) 5 percent shall be available for admin- (II) priority for those projects for which shall be deposited into the Fund. istrative expenses of the United States, In- Federal funding is not available under other (5) EFFECT.—Nothing in this subsection re- dian tribes, and the States to accomplish the laws or programs. quires a reduction in, or otherwise affects, purposes of this subsection. (F) GRANTS TO PUBLIC ENTITIES AND NON- any similar fee required under any law (in- (C) PRIORITIES.— PROFIT ORGANIZATIONS.—The Secretary shall cluding regulations) of any State. (i) IN GENERAL.—Subject to clause (ii), ex- use amounts made available under subpara- penditures from the Fund shall be based on graph (B)(v) to make grants to public enti- SA 1367. Mrs. LOEFFLER submitted the following priorities: ties (including State fish and game agencies an amendment intended to be proposed (I) The conduct of activities to protect and local governments) and nonprofit organi- by her to the bill S. 2657, to support in- public health and safety from the adverse ef- zations (based on criteria established by the fects of past hardrock mineral mining activi- Secretary by regulation) to carry out activi- novation in advanced geothermal re- ties, including activities addressing surface ties that support collaborative restoration search and development, and for other water and groundwater contaminants. projects to improve fish and wildlife habitat purposes; which was ordered to lie on (II) The conduct of activities to restore affected by past hardrock minerals and min- the table; as follows: land, water, and fish and wildlife resources ing activities, including activities that— At the end of subtitle H of title I, add the degraded by the adverse effects of past (i) improve water quality and quantity; following:

VerDate Sep 11 2014 02:57 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.042 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1316 CONGRESSIONAL RECORD — SENATE March 3, 2020 SEC. 18ll. OFFICE OF ARTIFICIAL INTEL- which was ordered to lie on the table; (1) ESTABLISHMENT OF CLIMATE CHANGE AD- LIGENCE AND TECHNOLOGY. as follows: VISORY COMMISSION.— (a) IN GENERAL.—The Department of En- (A) IN GENERAL.—There is established a ergy Organization Act is amended by insert- At the appropriate place in title I, insert the following: commission to be known as the ‘‘Climate ing after section 215 (42 U.S.C. 7144b) the fol- Change Advisory Commission’’. lowing: SEC. 1ll. STATE ENERGY CONSERVATION PLANS. (B) MEMBERSHIP.—The Commission shall ‘‘SEC. 216. OFFICE OF ARTIFICIAL INTELLIGENCE Section 362(d) of the Energy Policy and be composed of 11 members— AND TECHNOLOGY. (i) who shall be selected from the public ‘‘(a) ESTABLISHMENT.—There is established Conservation Act (42 U.S.C. 6322(d)) is amended by striking paragraph (3) and in- and private sectors and institutions of high- within the Department an Office of Artificial er education; and Intelligence and Technology (referred to in serting the following: ‘‘(3) programs to increase transportation (ii) of whom— this section as the ‘Office’). (I) 3 shall be appointed by the President, in ‘‘(b) MISSION.—The mission of the Office energy efficiency and help achieve net-zero consultation with the Interagency Climate shall be to scale and synchronize the devel- carbon emissions in the transportation sec- Change Adaptation Task Force; opment and impact of artificial intelligence tor by 2050, including programs to accelerate (II) 2 shall be appointed by the Speaker of across the Department. the use of alternative transportation fuels the House of Representatives; ‘‘(c) DIRECTOR.— for and electrification of State government ‘‘(1) IN GENERAL.—The Office shall be head- vehicles, fleet vehicles, taxis and ridesharing (III) 2 shall be appointed by the minority ed by a Director, who shall be appointed by services, mass transit, school buses, and pri- leader of the House of Representatives; the Secretary. vately owned passenger and medium- and (IV) 2 shall be appointed by the majority ‘‘(2) DUTIES.—The Director of the Office heavy-duty vehicles;’’. leader of the Senate; and shall— (V) 2 shall be appointed by the minority ‘‘(A) carry out and administer the mission SA 1370. Ms. STABENOW (for herself leader of the Senate. of the Office; and and Ms. HIRONO) submitted an amend- (C) TERMS.—Each member of the Commis- ‘‘(B) advise the Secretary with respect to ment intended to be proposed by her to sion shall be appointed for the life of the accelerating the delivery of artificial intel- the bill S. 2657, to support innovation Commission. ligence-enabled capabilities and supporting (D) INITIAL APPOINTMENTS.—Each member in advanced geothermal research and of the Commission shall be appointed not United States leadership in artificial intel- development, and for other purposes; ligence. later than 90 days after the date of enact- which was ordered to lie on the table; ‘‘(3) QUALIFICATIONS.—The Director of the ment of this Act. Office shall be an individual who, by reason as follows: (E) VACANCIES.—A vacancy on the Commis- of professional background and experience, is At the appropriate place in title I, insert sion— specially qualified to advise the Secretary on the following: (i) shall not affect the powers of the Com- matters pertaining to artificial intel- SEC. 1ll. STATE ENERGY CONSERVATION mission; and ligence.’’. PLANS. (ii) shall be filled in the manner in which (b) CONFORMING AMENDMENT.—The table of Section 362(d) of the Energy Policy and the original appointment was made. contents for the Department of Energy Orga- Conservation Act (42 U.S.C. 6322(d)) is (F) INITIAL MEETING.—Not later than 30 nization Act (Public Law 95–91; 91 Stat. 565) amended by striking paragraph (3) and in- days after the date on which all members of is amended by inserting after the item relat- serting the following: the Commission have been appointed, the ing to section 215 the following: ‘‘(3) programs to increase transportation Commission shall hold the initial meeting of ‘‘Sec. 216. Office of Artificial Intelligence energy efficiency, including programs to the Commission. and Technology.’’. help achieve net-zero carbon emissions in (G) MEETINGS.—The Commission shall the transportation sector by 2050 and accel- meet at the call of the Chairperson. SA 1368. Ms. STABENOW (for herself, erate the use of alternative transportation (H) QUORUM.—A majority of the members of the Commission shall constitute a Mr. BOOZMAN, Ms. BALDWIN, and Mr. fuels for and electrification of State govern- ment vehicles, fleet vehicles, taxis and ride- quorum, but a lesser number of members CASSIDY) submitted an amendment in- sharing services, mass transit, school buses, may hold hearings. tended to be proposed by her to the bill and privately owned passenger and medium- (I) CHAIRPERSON AND VICE CHAIRPERSON.— S. 2657, to support innovation in ad- and heavy-duty vehicles;’’. The Commission shall select a Chairperson vanced geothermal research and devel- and Vice Chairperson from among the mem- opment, and for other purposes; which SA 1371. Mr. DURBIN submitted an bers of the Commission. was ordered to lie on the table; as fol- amendment intended to be proposed by (2) DUTIES.—The Commission shall— lows: him to the bill S. 2657, to support inno- (A) establish recommendations, frame- works, and guidelines for a Federal invest- In section 1203, in the heading of sub- vation in advanced geothermal re- ment program funded by revenue from cli- section (e), strike ‘‘TO INCLUDE THERMAL EN- search and development, and for other mate change obligations issued under sub- ERGY’’. purposes; which was ordered to lie on section (d)(1) for States, municipalities, and In section 1203(e)(1), strike subparagraph the table; as follows: other public entities, including utility dis- (A) and insert the following: At the appropriate place, insert the fol- tricts, transit authorities, and multistate (A) in subsection (b)(2)— lowing: regulatory bodies that— (i) by striking ‘‘generated’’ and inserting (i) improves and adapts energy, transpor- ‘‘produced’’; SEC. lll. CLIMATE CHANGE RESILIENCY FUND FOR AMERICA. tation, water, and general infrastructure im- (ii) by striking ‘‘The term’’ and inserting pacted or expected to be impacted due to cli- the following: (a) DEFINITIONS.—Except as otherwise pro- vided, in this section: mate variability; and ‘‘(A) IN GENERAL.—The term’’; and (ii) integrates best available science, data, (iii) by adding at the end the following: (1) COMMISSION.—The term ‘‘Commission’’ means the Climate Change Advisory Com- standards, models, and trends that improve ‘‘(B) EXCLUSION.—The term ‘renewable en- the resiliency of infrastructure systems de- ergy’ does not include electric energy gen- mission established by subsection (b)(1)(A). scribed in clause (i); and erated from municipal solid waste that in- (2) FUND.—The term ‘‘Fund’’ means the (B) identify categories of the most cost-ef- cludes— Climate Change Resiliency Fund established fective investments and projects that em- ‘‘(i) paper that is commonly recycled and by subsection (c)(1)(A). phasize multiple benefits to commerce, has been segregated from other solid waste; (3) QUALIFIED CLIMATE CHANGE ADAPTATION human health, and ecosystems. or PURPOSE.— (3) COMMISSION PERSONNEL MATTERS.— ‘‘(ii) solid waste collected as part of a sys- (A) IN GENERAL.—The term ‘‘qualified cli- (A) COMPENSATION OF MEMBERS.— tem that does not provide for the separate mate change adaptation purpose’’ means an (i) NON-FEDERAL EMPLOYEES.—A member of collection of paper that is commonly recy- objective with a demonstrated intent to re- the Commission who is not an officer or em- cled from residential solid waste (as such duce the economic, social, and environ- ployee of the Federal Government shall be terms are defined in section 246.101 of title mental impact of the adverse effects of cli- compensated at a rate equal to the daily 40, Code of Federal Regulations (as in effect mate change. equivalent of the annual rate of basic pay on the date of enactment of the American (B) INCLUSIONS.—The term ‘‘qualified cli- prescribed for level IV of the Executive Energy Innovation Act of 2020)).’’; and mate change adaptation purpose’’ includes— (i) infrastructure resiliency and mitiga- Schedule under section 5315 of title 5, United SA 1369. Ms. STABENOW (for herself tion; States Code, for each day (including travel (ii) improved disaster response; and time) during which the member is engaged in and Ms. HIRONO) submitted an amend- (iii) ecosystem protection. the performance of the duties of the Com- ment intended to be proposed by her to (4) SECRETARY.—The term ‘‘Secretary’’ mission. the bill S. 2657, to support innovation means the Secretary of Commerce. (ii) FEDERAL EMPLOYEES.—A member of the in advanced geothermal research and (b) CLIMATE CHANGE ADVISORY COMMIS- Commission who is an officer or employee of development, and for other purposes; SION.— the Federal Government shall serve without

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compensation in addition to the compensa- (6) NON-FEDERAL FUNDING REQUIREMENT.— exceed $10,000,000 for any fiscal year during tion received for the services of the member In order to receive funds under this section, the period of fiscal years 2021 through 2025. as an officer or employee of the Federal Gov- an eligible entity shall provide funds for the (B) DONATED ADVERTISING.—In addition to ernment. project in an amount that is equal to not any advertising paid for with funds made (B) TRAVEL EXPENSES.—A member of the less than 25 percent of the amount of funds available under subparagraph (C), the Sec- Commission shall be allowed travel expenses, provided under this subsection. retary shall solicit and may accept the dona- including per diem in lieu of subsistence, at (7) MAINTENANCE OF EFFORT.—All amounts tion of advertising relating to the sale of cli- rates authorized for an employee of an agen- deposited in the Fund in accordance with mate change obligations. cy under subchapter I of chapter 57 of title 5, subsection (d)(1)(A) shall be used only to (C) AUTHORIZATION OF APPROPRIATIONS.— United States Code, while away from the fund new projects in accordance with this For each fiscal year during the period of fis- home or regular place of business of the section. cal years 2021 through 2025, there is author- member in the performance of the duties of (8) APPLICABILITY OF FEDERAL LAW.—Noth- ized to be appropriated $10,000,000 to carry the Commission. ing in this section waives the requirements out the purposes of this paragraph. (C) STAFF.— of any Federal law (including regulations) (i) IN GENERAL.—The Chairperson of the that would otherwise apply to a qualified cli- SA 1372. Mr. BENNET submitted an Commission may, without regard to the civil mate change project that receives funds amendment intended to be proposed by service laws (including regulations), appoint under this subsection. him to the bill S. 2657, to support inno- and terminate such personnel as are nec- (9) COMPLIANCE WITH DAVIS-BACON ACT.— vation in advanced geothermal re- essary to enable the Commission to perform (A) IN GENERAL.—All laborers and mechan- search and development, and for other the duties of the Commission. ics employed by contractors and subcontrac- (ii) COMPENSATION.— tors on projects funded directly by or as- purposes; which was ordered to lie on (I) IN GENERAL.—Except as provided in sub- sisted in whole or in part by and through the the table; as follows: clause (II), the Chairperson of the Commis- Fund pursuant to this subsection shall be At the end, add the following: sion may fix the compensation of personnel paid wages at rates not less than those pre- TITLE IV—COLORADO OUTDOOR without regard to the provisions of chapter vailing on projects of a character similar in RECREATION 51 and subchapter III of chapter 53 of title 5, the locality as determined by the Secretary SEC. 4001. DEFINITION OF STATE. United States Code, relating to classification of Labor in accordance with subchapter IV of In this title, the term ‘‘State’’ means the of positions and General Schedule pay rates. chapter 31 of part A of title 40, United States State of Colorado. (II) MAXIMUM RATE OF PAY.—The rate of Code. SEC. 4002. DETERMINATION OF BUDGETARY EF- pay for personnel shall not exceed the rate (B) LABOR STANDARDS.—With respect to the FECTS. payable for level V of the Executive Sched- labor standards specified in this paragraph, The budgetary effects of this title, for the ule under section 5316 of title 5, United the Secretary of Labor shall have the au- purpose of complying with the Statutory States Code. thority and functions set forth in Reorga- Pay-As-You-Go Act of 2010, shall be deter- (4) FUNDING.—The Commission shall use nization Plan Numbered 14 of 1950 (64 Stat. mined by reference to the latest statement amounts in the Fund to pay for all adminis- 1267; 5 U.S.C. App.) and section 3145 of title titled ‘‘Budgetary Effects of PAYGO Legisla- trative expenses of the Commission. 40, United States Code. tion’’ for this title, submitted for printing in (5) TERMINATION.—The Commission shall (10) FUNDING.—The Secretary shall use the Congressional Record by the Chairman of terminate on such date as the Commission funds made available to the Secretary and the House Budget Committee, provided that determines after the Commission carries out not otherwise obligated to carry out the pro- such statement has been submitted prior to the duties of the Commission under para- gram under paragraph (2). the vote on passage. graph (2). (d) REVENUE.— (c) CLIMATE CHANGE RESILIENCY FUND.— (1) CLIMATE CHANGE OBLIGATIONS.— Subtitle A—Continental Divide (1) ESTABLISHMENT.— (A) IN GENERAL.—Not later than 6 months SEC. 4101. DEFINITIONS. (A) IN GENERAL.—There is established with- after the date of the enactment of this Act, In this subtitle: in the Department of Commerce the ‘‘Cli- the Secretary of the Treasury or the Sec- (1) COVERED AREA.—The term ‘‘covered mate Change Resiliency Fund’’. retary’s delegate (referred to in this sub- area’’ means any area designated as wilder- (B) RESPONSIBILITY OF SECRETARY.—The section as the ‘‘Secretary’’) shall issue obli- ness by the amendments to section 2(a) of Secretary shall take such action as the Sec- gations under chapter 31 of title 31, United the Colorado Wilderness Act of 1993 (16 retary determines to be necessary to assist States Code (referred to in this subsection as U.S.C. 1132 note; Public Law 103–77) made by in implementing the establishment of the ‘‘climate change obligations’’), the proceeds section 4102(a). Fund in accordance with this section. from which shall be deposited in the Fund. (2) HISTORIC LANDSCAPE.—The term ‘‘His- (2) CLIMATE CHANGE ADAPTATION (B) FULL FAITH AND CREDIT.—Payment of toric Landscape’’ means the Camp Hale Na- PROJECTS.—The Secretary, in consultation interest and principal with respect to any tional Historic Landscape designated by sec- with the Commission, shall carry out a pro- climate change obligation issued under this tion 4107(a). gram to provide funds to eligible applicants paragraph shall be made from the general (3) RECREATION MANAGEMENT AREA.—The to carry out projects for a qualified climate fund of the Treasury of the United States term ‘‘Recreation Management Area’’ means change adaptation purpose. and shall be backed by the full faith and the Tenmile Recreation Management Area (3) ELIGIBLE ENTITIES.—An entity eligible credit of the United States. designated by section 4104(a). to participate in the program under para- (C) EXEMPTION FROM LOCAL TAXATION.—All (4) SECRETARY.—The term ‘‘Secretary’’ graph (2) shall include— climate change obligations issued by the means the Secretary of Agriculture. (A) a Federal agency; Secretary, and the interest on or credits (5) WILDLIFE CONSERVATION AREA.—The (B) a State or a group of States; with respect to such obligations, shall not be term ‘‘Wildlife Conservation Area’’ means, as (C) a unit of local government or a group of subject to taxation by any State, county, applicable— local governments; municipality, or local taxing authority. (A) the Porcupine Gulch Wildlife Conserva- (D) a utility district; (D) AMOUNT OF CLIMATE CHANGE OBLIGA- tion Area designated by section 4105(a); and (E) a tribal government or a consortium of TIONS.— (B) the Williams Fork Mountains Wildlife tribal governments; (i) IN GENERAL.—Except as provided in Conservation Area designated by section (F) a State or regional transit agency or a clause (ii), the aggregate face amount of the 4106(a). group of State or regional transit agencies; climate change obligations issued annually SEC. 4102. COLORADO WILDERNESS ADDITIONS. (G) a nonprofit organization; under this paragraph shall be $200,000,000. (a) DESIGNATION.—Section 2(a) of the Colo- (H) a special purpose district or public au- (ii) ADDITIONAL OBLIGATIONS.—For any cal- rado Wilderness Act of 1993 (16 U.S.C. 1132 thority, including a port authority; and endar year in which all of the obligations note; Public Law 103–77) is amended— (I) any other entity, as determined by the issued pursuant to clause (i) have been pur- (1) in paragraph (18), by striking ‘‘1993,’’ Secretary. chased, the Secretary may issue additional and inserting ‘‘1993, and certain Federal land (4) APPLICATION.—An eligible entity shall climate change obligations during such cal- within the White River National Forest that submit to the Secretary an application for a endar year, provided that the aggregate face comprises approximately 6,896 acres, as gen- project for a qualified climate change adap- amount of such additional obligations does erally depicted as ‘Proposed Ptarmigan Peak tation purpose at such time, in such manner, not exceed $800,000,000. Wilderness Additions’ on the map entitled and containing such information as the Sec- (E) FUNDING.—The Secretary shall use ‘Proposed Ptarmigan Peak Wilderness Addi- retary may require, including data relating funds made available to the Secretary and tions’ and dated June 24, 2019,’’; and to any benefits, such as economic impact or not otherwise obligated to carry out the pur- (2) by adding at the end the following: improvements to public health, that the poses of this paragraph. ‘‘(23) HOLY CROSS WILDERNESS ADDITION.— project is expected to provide. (2) PROMOTION.— Certain Federal land within the White River (5) SELECTION.—The Secretary shall select (A) IN GENERAL.—The Secretary shall pro- National Forest that comprises approxi- projects from eligible entities to receive mote the purchase of climate change obliga- mately 3,866 acres, as generally depicted as funds under this subsection based on criteria tions through such means as are determined ‘Proposed Megan Dickie Wilderness Addi- and guidelines determined and published by appropriate by the Secretary, with the tion’ on the map entitled ‘Holy Cross Wilder- the Commission. amount expended for such promotion not to ness Addition Proposal’ and dated June 24,

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(c) LIVESTOCK USE OF VACANT ALLOT- (1) IN GENERAL.—The Secretary shall man- ‘‘(24) HOOSIER RIDGE WILDERNESS.—Certain MENTS.— age the Recreation Management Area— Federal land within the White River Na- (1) IN GENERAL.—Not later than 3 years (A) in a manner that conserves, protects, tional Forest that comprises approximately after the date of enactment of this Act, in and enhances— 5,235 acres, as generally depicted as ‘Pro- accordance with applicable laws (including (i) the purposes of the Recreation Manage- posed Hoosier Ridge Wilderness’ on the map regulations), the Secretary shall publish a ment Area described in subsection (b); and entitled ‘Tenmile Proposal’ and dated June determination regarding whether to author- (ii) recreation opportunities, including 24, 2019, which shall be known as the ‘Hoosier ize livestock grazing or other use by live- mountain biking, hiking, fishing, horseback Ridge Wilderness’. stock on the vacant allotments known as— riding, snowshoeing, climbing, skiing, camp- ‘‘(25) TENMILE WILDERNESS.—Certain Fed- (A) the ‘‘Big Hole Allotment’’; and ing, and hunting; and eral land within the White River National (B) the ‘‘Blue Ridge Allotment’’. (B) in accordance with— Forest that comprises approximately 7,624 (2) MODIFICATION OF ALLOTMENTS.—In pub- (i) the Forest and Rangeland Renewable acres, as generally depicted as ‘Proposed lishing a determination pursuant to para- Resources Planning Act of 1974 (16 U.S.C. 1600 Tenmile Wilderness’ on the map entitled graph (1), the Secretary may modify or com- et seq.); ‘Tenmile Proposal’ and dated June 24, 2019, bine the vacant allotments referred to in (ii) any other applicable laws (including which shall be known as the ‘Tenmile Wil- that paragraph. regulations); and derness’. (3) PERMIT OR OTHER AUTHORIZATION.—Not (iii) this section. ‘‘(26) EAGLES NEST WILDERNESS ADDITIONS.— later than 1 year after the date on which a (2) USES.— Certain Federal land within the White River determination of the Secretary to authorize (A) IN GENERAL.—The Secretary shall only National Forest that comprises approxi- livestock grazing or other use by livestock is allow such uses of the Recreation Manage- mately 9,670 acres, as generally depicted as published under paragraph (1), if applicable, ment Area as the Secretary determines ‘Proposed Freeman Creek Wilderness Addi- the Secretary shall grant a permit or other would further the purposes described in sub- tion’ and ‘Proposed Spraddle Creek Wilder- authorization for that livestock grazing or section (b). ness Addition’ on the map entitled ‘Eagles other use in accordance with applicable laws (B) VEHICLES.— Nest Wilderness Additions Proposal’ and (including regulations). (i) IN GENERAL.—Except as provided in dated June 24, 2019, which shall be incor- (d) RANGE IMPROVEMENTS.— clause (iii), the use of motorized vehicles in porated into, and managed as part of, the Ea- (1) IN GENERAL.—If the Secretary permits the Recreation Management Area shall be gles Nest Wilderness designated by Public livestock grazing or other use by livestock limited to the roads, vehicle classes, and pe- Law 94–352 (90 Stat. 870).’’. on the potential wilderness area under sub- riods authorized for motorized vehicle use on (b) APPLICABLE LAW.—Any reference in the section (c), the Secretary, or a third party the date of enactment of this Act. Wilderness Act (16 U.S.C. 1131 et seq.) to the authorized by the Secretary, may use any (ii) NEW OR TEMPORARY ROADS.—Except as effective date of that Act shall be considered motorized or mechanized transport or equip- provided in clause (iii), no new or temporary to be a reference to the date of enactment of ment for purposes of constructing or reha- road shall be constructed in the Recreation this Act for purposes of administering a cov- bilitating such range improvements as are Management Area. ered area. necessary to obtain appropriate livestock (iii) EXCEPTIONS.—Nothing in clause (i) or (c) FIRE, INSECTS, AND DISEASES.—In ac- management objectives (including habitat (ii) prevents the Secretary from— cordance with section 4(d)(1) of the Wilder- and watershed restoration). ness Act (16 U.S.C. 1133(d)(1)), the Secretary (I) rerouting or closing an existing road or (2) TERMINATION OF AUTHORITY.—The au- trail to protect natural resources from deg- may carry out any activity in a covered area thority provided by this subsection termi- that the Secretary determines to be nec- radation, as the Secretary determines to be nates on the date that is 2 years after the appropriate; essary for the control of fire, insects, and date on which the Secretary publishes a posi- diseases, subject to such terms and condi- (II) authorizing the use of motorized vehi- tive determination under subsection (c)(3). cles for administrative purposes or roadside tions as the Secretary determines to be ap- (e) DESIGNATION AS WILDERNESS.— propriate. camping; (1) DESIGNATION.—The potential wilderness (III) constructing temporary roads or per- (d) GRAZING.—The grazing of livestock on a area designated by subsection (a) shall be covered area, if established before the date of mitting the use of motorized vehicles to designated as wilderness, to be known as the enactment of this Act, shall be permitted to carry out pre- or post-fire watershed protec- ‘‘Williams Fork Mountains Wilderness’’— continue subject to such reasonable regula- tion projects; (A) effective not earlier than the date that tions as are considered to be necessary by (IV) authorizing the use of motorized vehi- is 180 days after the date of enactment this the Secretary, in accordance with— cles to carry out any activity described in Act; and (1) section 4(d)(4) of the Wilderness Act (16 subsection (d), (e)(1), or (f); or (B) on the earliest of— U.S.C. 1133(d)(4)); and (V) responding to an emergency. (i) the date on which the Secretary pub- (2) the guidelines set forth in Appendix A (C) COMMERCIAL TIMBER.— lishes in the Federal Register a notice that of the report of the Committee on Interior (i) IN GENERAL.—Subject to clause (ii), no the construction or rehabilitation of range and Insular Affairs of the House of Rep- project shall be carried out in the Recreation improvements under subsection (d) is com- resentatives accompanying H.R. 2570 of the Management Area for the purpose of har- plete; 101st Congress (H. Rept. 101–405). vesting commercial timber. (ii) the date described in subsection (d)(2); (e) COORDINATION.—For purposes of admin- (ii) LIMITATION.—Nothing in clause (i) pre- istering the Federal land designated as wil- and vents the Secretary from harvesting or sell- derness by paragraph (26) of section 2(a) of (iii) the effective date of a determination ing a merchantable product that is a byprod- the Colorado Wilderness Act of 1993 (16 of the Secretary not to authorize livestock uct of an activity authorized under this sec- U.S.C. 1132 note; Public Law 103–77) (as added grazing or other use by livestock under sub- tion. section (c)(1). by subsection (a)(2)), the Secretary shall, as (d) FIRE, INSECTS, AND DISEASES.—The Sec- (2) ADMINISTRATION.—Subject to valid ex- determined to be appropriate for the protec- retary may carry out any activity, in ac- isting rights, the Secretary shall manage the tion of watersheds, coordinate the activities cordance with applicable laws (including reg- Williams Fork Mountains Wilderness in ac- of the Secretary in response to fires and ulations), that the Secretary determines to cordance with— flooding events with interested State and be necessary to prevent, control, or mitigate (A) the Colorado Wilderness Act of 1993 (16 local agencies, including operations using fire, insects, or disease in the Recreation U.S.C. 1132 note; Public Law 103–77); and aircraft or mechanized equipment. Management Area, subject to such terms and (B) this subtitle. SEC. 4103. WILLIAMS FORK MOUNTAINS WILDER- conditions as the Secretary determines to be NESS. SEC. 4104. TENMILE RECREATION MANAGEMENT appropriate. (a) DESIGNATION.—In furtherance of the AREA. (e) WATER.— purposes of the Wilderness Act (16 U.S.C. 1131 (a) DESIGNATION.—Subject to valid existing et seq.), certain Federal land in the White rights, the approximately 17,122 acres of Fed- (1) EFFECT ON WATER MANAGEMENT INFRA- River National Forest in the State, com- eral land in the White River National Forest STRUCTURE.—Nothing in this section affects prising approximately 8,036 acres and gen- in the State, as generally depicted as ‘‘Pro- the construction, repair, reconstruction, re- erally depicted as ‘‘Proposed Williams Fork posed Tenmile Recreation Management placement, operation, maintenance, or ren- Mountains Wilderness’’ on the map entitled Area’’ on the map entitled ‘‘Tenmile Pro- ovation within the Recreation Management ‘‘Williams Fork Mountains Proposal’’ and posal’’ and dated June 24, 2019, are des- Area of— dated June 24, 2019, is designated as a poten- ignated as the ‘‘Tenmile Recreation Manage- (A) water management infrastructure in tial wilderness area. ment Area’’. existence on the date of enactment of this (b) MANAGEMENT.—Subject to valid exist- (b) PURPOSES.—The purposes of the Recre- Act; or ing rights and except as provided in sub- ation Management Area are to conserve, pro- (B) any future infrastructure necessary for section (d), the potential wilderness area tect, and enhance for the benefit and enjoy- the development or exercise of water rights designated by subsection (a) shall be man- ment of present and future generations the decreed before the date of enactment of this aged in accordance with— recreational, scenic, watershed, habitat, and Act.

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(2) APPLICABLE LAW.—Section 3(e) of the (ii) NEW OR TEMPORARY ROADS.—Except as (B) in accordance with— James Peak Wilderness and Protection Area provided in clause (iii) and subsection (e), no (i) the Forest and Rangeland Renewable Act (Public Law 107–216; 116 Stat. 1058) shall new or temporary road shall be constructed Resources Planning Act of 1974 (16 U.S.C. 1600 apply to the Recreation Management Area. within the Wildlife Conservation Area. et seq.); (f) REGIONAL TRANSPORTATION PROJECTS.— (iii) EXCEPTIONS.—Nothing in clause (i) or (ii) any other applicable laws (including Nothing in this section precludes the Sec- (ii) prevents the Secretary from— regulations); and retary from authorizing, in accordance with (I) authorizing the use of motorized vehi- (iii) this section. applicable laws (including regulations), the cles or mechanized transport for administra- (2) USES.— use or leasing of Federal land within the tive purposes; (A) IN GENERAL.—The Secretary shall only Recreation Management Area for— (II) constructing temporary roads or per- allow such uses of the Wildlife Conservation (1) a regional transportation project, in- mitting the use of motorized vehicles or Area as the Secretary determines would fur- cluding— mechanized transport to carry out pre- or ther the purposes described in subsection (b). (A) highway widening or realignment; and post-fire watershed protection projects; (B) MOTORIZED VEHICLES.— (B) construction of multimodal transpor- (III) authorizing the use of motorized vehi- (i) IN GENERAL.—Except as provided in tation systems; or cles or mechanized transport to carry out ac- clause (iii), the use of motorized vehicles in (2) any infrastructure, activity, or safety tivities described in subsection (d) or (e); or the Wildlife Conservation Area shall be lim- measure associated with the implementation (IV) responding to an emergency. ited to designated roads and trails. or use of a facility constructed under para- (D) COMMERCIAL TIMBER.— (ii) NEW OR TEMPORARY ROADS.—Except as graph (1). (i) IN GENERAL.—Subject to clause (ii), no provided in clause (iii), no new or temporary (g) APPLICABLE LAW.—Nothing in this sec- project shall be carried out in the Wildlife road shall be constructed in the Wildlife tion affects the designation of the Federal Conservation Area for the purpose of har- Conservation Area. land within the Recreation Management vesting commercial timber. (iii) EXCEPTIONS.—Nothing in clause (i) or Area for purposes of— (ii) LIMITATION.—Nothing in clause (i) pre- (ii) prevents the Secretary from— (1) section 138 of title 23, United States vents the Secretary from harvesting or sell- (I) authorizing the use of motorized vehi- Code; or ing a merchantable product that is a byprod- cles for administrative purposes; (2) section 303 of title 49, United States uct of an activity authorized under this sec- (II) authorizing the use of motorized vehi- Code. tion. cles to carry out activities described in sub- (h) PERMITS.—Nothing in this section al- (d) FIRE, INSECTS, AND DISEASES.—The Sec- section (d); or ters or limits— retary may carry out any activity, in ac- (III) responding to an emergency. (1) any permit held by a ski area or other cordance with applicable laws (including reg- (C) BICYCLES.—The use of bicycles in the entity; or ulations), that the Secretary determines to Wildlife Conservation Area shall be limited (2) the acceptance, review, or implementa- be necessary to prevent, control, or mitigate to designated roads and trails. tion of associated activities or facilities pro- fire, insects, or disease in the Wildlife Con- (D) COMMERCIAL TIMBER.— posed or authorized by law or permit outside servation Area, subject to such terms and (i) IN GENERAL.—Subject to clause (ii), no conditions as the Secretary determines to be the boundaries of the Recreation Manage- project shall be carried out in the Wildlife appropriate. ment Area. Conservation Area for the purpose of har- (e) REGIONAL TRANSPORTATION PROJECTS.— SEC. 4105. PORCUPINE GULCH WILDLIFE CON- vesting commercial timber. SERVATION AREA. Nothing in this section or section 4110(e) pre- (ii) LIMITATION.—Nothing in clause (i) pre- (a) DESIGNATION.—Subject to valid existing cludes the Secretary from authorizing, in ac- vents the Secretary from harvesting or sell- rights, the approximately 8,287 acres of Fed- cordance with applicable laws (including reg- ing a merchantable product that is a byprod- eral land located in the White River National ulations), the use or leasing of Federal land uct of an activity authorized under this sec- Forest, as generally depicted as ‘‘Proposed within the Wildlife Conservation Area for— tion. Porcupine Gulch Wildlife Conservation (1) a regional transportation project, in- (E) GRAZING.—The laws (including regula- Area’’ on the map entitled ‘‘Porcupine Gulch cluding— tions) and policies followed by the Secretary Wildlife Conservation Area Proposal’’ and (A) highway widening or realignment; and in issuing and administering grazing permits dated June 24, 2019, are designated as the (B) construction of multimodal transpor- or leases on land under the jurisdiction of ‘‘Porcupine Gulch Wildlife Conservation tation systems; or the Secretary shall continue to apply with Area’’ (referred to in this section as the (2) any infrastructure, activity, or safety regard to the land in the Wildlife Conserva- ‘‘Wildlife Conservation Area’’). measure associated with the implementation (b) PURPOSES.—The purposes of the Wild- or use of a facility constructed under para- tion Area, consistent with the purposes de- life Conservation Area are— graph (1). scribed in subsection (b). (1) to conserve and protect a wildlife mi- (f) APPLICABLE LAW.—Nothing in this sec- (d) FIRE, INSECTS, AND DISEASES.—The Sec- gration corridor over Interstate 70; and tion affects the designation of the Federal retary may carry out any activity, in ac- (2) to conserve, protect, and enhance for land within the Wildlife Conservation Area cordance with applicable laws (including reg- the benefit and enjoyment of present and fu- for purposes of— ulations), that the Secretary determines to ture generations the wildlife, scenic, (1) section 138 of title 23, United States be necessary to prevent, control, or mitigate roadless, watershed, and ecological resources Code; or fire, insects, or disease in the Wildlife Con- of the Wildlife Conservation Area. (2) section 303 of title 49, United States servation Area, subject to such terms and (c) MANAGEMENT.— Code. conditions as the Secretary determines to be (1) IN GENERAL.—The Secretary shall man- (g) WATER.—Section 3(e) of the James Peak appropriate. age the Wildlife Conservation Area— Wilderness and Protection Area Act (Public (e) REGIONAL TRANSPORTATION PROJECTS.— (A) in a manner that conserves, protects, Law 107–216; 116 Stat. 1058) shall apply to the Nothing in this section or section 4110(e) pre- and enhances the purposes described in sub- Wildlife Conservation Area. cludes the Secretary from authorizing, in ac- section (b); and SEC. 4106. WILLIAMS FORK MOUNTAINS WILD- cordance with applicable laws (including reg- (B) in accordance with— LIFE CONSERVATION AREA. ulations), the use or leasing of Federal land (i) the Forest and Rangeland Renewable (a) DESIGNATION.—Subject to valid existing within the Wildlife Conservation Area for— Resources Planning Act of 1974 (16 U.S.C. 1600 rights, the approximately 3,528 acres of Fed- (1) a regional transportation project, in- eral land in the White River National Forest et seq.); cluding— in the State, as generally depicted as ‘‘Pro- (ii) any other applicable laws (including (A) highway widening or realignment; and posed Williams Fork Mountains Wildlife regulations); and (B) construction of multimodal transpor- Conservation Area’’ on the map entitled (iii) this section. tation systems; or ‘‘Williams Fork Mountains Proposal’’ and (2) USES.— (2) any infrastructure, activity, or safety dated June 24, 2019, are designated as the measure associated with the implementation (A) IN GENERAL.—The Secretary shall only ‘‘Williams Fork Mountains Wildlife Con- allow such uses of the Wildlife Conservation or use of a facility constructed under para- servation Area’’ (referred to in this section graph (1). Area as the Secretary determines would fur- as the ‘‘Wildlife Conservation Area’’). (f) WATER.—Section 3(e) of the James Peak ther the purposes described in subsection (b). (b) PURPOSES.—The purposes of the Wild- (B) RECREATION.—The Secretary may per- life Conservation Area are to conserve, pro- Wilderness and Protection Area Act (Public mit such recreational activities in the Wild- tect, and enhance for the benefit and enjoy- Law 107–216; 116 Stat. 1058) shall apply to the life Conservation Area that the Secretary de- ment of present and future generations the Wildlife Conservation Area. termines are consistent with the purposes wildlife, scenic, roadless, watershed, rec- SEC. 4107. CAMP HALE NATIONAL HISTORIC described in subsection (b). reational, and ecological resources of the LANDSCAPE. (C) MOTORIZED VEHICLES AND MECHANIZED Wildlife Conservation Area. (a) DESIGNATION.—Subject to valid existing TRANSPORT; NEW OR TEMPORARY ROADS.— (c) MANAGEMENT.— rights, the approximately 28,676 acres of Fed- (i) MOTORIZED VEHICLES AND MECHANIZED (1) IN GENERAL.—The Secretary shall man- eral land in the White River National Forest TRANSPORT.—Except as provided in clause age the Wildlife Conservation Area— in the State, as generally depicted as ‘‘Pro- (iii), the use of motorized vehicles and (A) in a manner that conserves, protects, posed Camp Hale National Historic Land- mechanized transport in the Wildlife Con- and enhances the purposes described in sub- scape’’ on the map entitled ‘‘Camp Hale Na- servation Area shall be prohibited. section (b); and tional Historic Landscape Proposal’’ and

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dated June 24, 2019, are designated the (2) COORDINATION.—In carrying out the (2) affects any water right in existence on ‘‘Camp Hale National Historic Landscape’’. project described in paragraph (1), the Sec- or after the date of enactment of this Act, or (b) PURPOSES.—The purposes of the His- retary shall coordinate with— the exercise of such a water right, includ- toric Landscape are— (A) the United States Army Corps of Engi- ing— (1) to provide for— neers; (A) a water right under an interstate water (A) the interpretation of historic events, (B) the Camp Hale-Eagle River Headwaters compact (including full development of any activities, structures, and artifacts of the Collaborative Group; apportionment made in accordance with Historic Landscape, including with respect (C) the National Forest Foundation; such a compact); to the role of the Historic Landscape in (D) the Colorado Department of Public (B) a water right decreed within, above, local, national, and world history; Health and Environment; below, or through the Historic Landscape; (B) the historic preservation of the His- (E) the Colorado State Historic Preserva- (C) a water right held by the United toric Landscape, consistent with— tion Office; States; (i) the designation of the Historic Land- (F) units of local government; and (D) the management or operation of any scape as a national historic site; and (G) other interested organizations and reservoir, including the storage, manage- (ii) the other purposes of the Historic members of the public. ment, release, or transportation of water; Landscape; (e) ENVIRONMENTAL REMEDIATION.— and (C) recreational opportunities, with an em- (1) IN GENERAL.—The Secretary of the (E) the construction or operation of such phasis on the activities related to the his- Army shall continue to carry out the infrastructure as is determined to be nec- toric use of the Historic Landscape, includ- projects and activities of the Department of essary by an individual or entity holding ing skiing, snowshoeing, snowmobiling, hik- the Army in existence on the date of enact- water rights to develop and place to bene- ing, horseback riding, climbing, other road- ment of this Act relating to cleanup of— ficial use those rights, subject to applicable and trail-based activities, and other outdoor (A) the Camp Hale Formerly Used Defense Federal, State, and local law (including reg- activities; and Site; or ulations); (D) the continued environmental remedi- (B) the Camp Hale historic cantonment (3) constitutes an express or implied res- ation and removal of unexploded ordnance at area. ervation by the United States of any re- the Camp Hale Formerly Used Defense Site (2) REMOVAL OF UNEXPLODED ORDNANCE.— served or appropriative water right; and the Camp Hale historic cantonment (A) IN GENERAL.—The Secretary of the (4) alters or limits— area; and Army may remove unexploded ordnance (as (A) a permit held by a ski area; (2) to conserve, protect, restore, and en- defined in section 101(e) of title 10, United (B) the implementation of activities gov- hance for the benefit and enjoyment of States Code) from the Historic Landscape, as erned by a ski area permit; or present and future generations the scenic, the Secretary of the Army determines to be (C) the authority of the Secretary to mod- watershed, and ecological resources of the appropriate in accordance with applicable ify or expand an existing ski area permit; Historic Landscape. law (including regulations). (5) prevents the Secretary from closing (c) MANAGEMENT.— (B) ACTION ON RECEIPT OF NOTICE.—On re- portions of the Historic Landscape for public (1) IN GENERAL.—The Secretary shall man- ceipt from the Secretary of a notification of safety, environmental remediation, or other age the Historic Landscape in accordance unexploded ordnance under subsection (c)(3), use in accordance with applicable laws; or with— the Secretary of the Army may remove the (6) affects— (A) the purposes of the Historic Landscape unexploded ordnance in accordance with— (A) any special use permit in effect on the described in subsection (b); and (i) the program for environmental restora- date of enactment of this Act; or (B) any other applicable laws (including tion of formerly used defense sites under sec- (B) the renewal of a permit described in regulations). tion 2701 of title 10, United States Code; subparagraph (A). (2) MANAGEMENT PLAN.— (ii) the Comprehensive Environmental Re- (h) FUNDING.— (A) IN GENERAL.—Not later than 5 years sponse, Compensation, and Liability Act of (1) IN GENERAL.—There is established in the after the date of enactment of this Act, the 1980 (42 U.S.C. 9601 et seq.); and general fund of the Treasury a special ac- Secretary shall prepare a management plan (iii) any other applicable provision of law count, to be known as the ‘‘Camp Hale His- for the Historic Landscape. (including regulations). toric Preservation and Restoration Fund’’. (B) CONTENTS.—The management plan pre- (3) EFFECT OF SUBSECTION.—Nothing in this (2) AUTHORIZATION OF APPROPRIATIONS.— pared under subparagraph (A) shall include subsection modifies any obligation in exist- There is authorized to be appropriated to the plans for— ence on the date of enactment of this Act re- Camp Hale Historic Preservation and Res- (i) improving the interpretation of historic lating to environmental remediation or re- toration Fund $10,000,000, to be available to events, activities, structures, and artifacts moval of any unexploded ordnance located in the Secretary until expended, for activities of the Historic Landscape, including with re- or around the Camp Hale historic canton- relating to historic interpretation, preserva- spect to the role of the Historic Landscape in ment area, the Camp Hale Formerly Used tion, and restoration carried out in and local, national, and world history; Defense Site, or the Historic Landscape, in- around the Historic Landscape. (ii) conducting historic preservation and cluding such an obligation under— (i) DESIGNATION OF OVERLOOK.—The inter- veteran outreach and engagement activities; (A) the program for environmental restora- pretive site located beside United States (iii) managing recreational opportunities, tion of formerly used defense sites under sec- Route 24 in the State, at 39.431N 106.323W, is including the use and stewardship of— tion 2701 of title 10, United States Code; hereby designated as the ‘‘Sandy Treat Over- (I) the road and trail systems; and (B) the Comprehensive Environmental Re- look’’. (II) dispersed recreation resources; sponse, Compensation, and Liability Act of SEC. 4108. WHITE RIVER NATIONAL FOREST BOUNDARY MODIFICATION. (iv) the conservation, protection, restora- 1980 (42 U.S.C. 9601 et seq.); or (a) IN GENERAL.—The boundary of the tion, or enhancement of the scenic, water- (C) any other applicable provision of law White River National Forest is modified to shed, and ecological resources of the Historic (including regulations). include the approximately 120 acres com- Landscape, including conducting the restora- (f) INTERAGENCY AGREEMENT.—The Sec- prised of the SW 1/4, the SE 1/4, and the NE tion and enhancement project under sub- retary and the Secretary of the Army shall 1/4 of the SE 1/4 of sec. 1, T. 2 S., R. 80 W., 6th section (d); and enter into an agreement— Principal Meridian, in Summit County in (v) environmental remediation and, con- (1) to specify— the State. sistent with subsection (e)(2), the removal of (A) the activities of the Secretary relating (b) LAND AND WATER CONSERVATION unexploded ordnance. to the management of the Historic Land- FUND.—For purposes of section 200306 of title (3) EXPLOSIVE HAZARDS.—The Secretary scape; and 54, United States Code, the boundaries of the shall provide to the Secretary of the Army a (B) the activities of the Secretary of the White River National Forest, as modified notification of any unexploded ordnance (as Army relating to environmental remediation under subsection (a), shall be considered to defined in section 101(e) of title 10, United and the removal of unexploded ordnance in be the boundaries of the White River Na- States Code) that is discovered in the His- accordance with subsection (e) and other ap- tional Forest as in existence on January 1, toric Landscape. plicable laws (including regulations); and 1965. (2) to require the Secretary to provide to (d) CAMP HALE RESTORATION AND ENHANCE- SEC. 4109. ROCKY MOUNTAIN NATIONAL PARK MENT PROJECT.— the Secretary of the Army, by not later than POTENTIAL WILDERNESS BOUND- (1) IN GENERAL.—The Secretary shall con- 1 year after the date of enactment of this ARY ADJUSTMENT. duct a restoration and enhancement project Act and periodically thereafter, as appro- (a) PURPOSE.—The purpose of this section in the Historic Landscape— priate, a management plan for the Historic is to provide for the ongoing maintenance (A) to improve aquatic, riparian, and wet- Landscape for purposes of the removal ac- and use of portions of the Trail River Ranch land conditions in and along the Eagle River tivities described in subsection (e). and the associated property located within and tributaries of the Eagle River; (g) EFFECT.—Nothing in this section— Rocky Mountain National Park in Grand (B) to maintain or improve recreation and (1) affects the jurisdiction of the State over County in the State. interpretive opportunities and facilities; and any water law, water right, or adjudication (b) BOUNDARY ADJUSTMENT.—Section (C) to conserve historic values in the Camp or administration relating to any water re- 1952(b) of the Omnibus Public Land Manage- Hale area. source; ment Act of 2009 (Public Law 111–11; 123 Stat.

VerDate Sep 11 2014 02:57 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.045 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1321 1070) is amended by adding at the end the fol- (A) any new unit of special use airspace dated September 19, 2018, is designated as the lowing: over an area described in paragraph (1); or ‘‘Sheep Mountain Special Management ‘‘(3) BOUNDARY ADJUSTMENT.—The bound- (B) any military flight training or trans- Area’’. ary of the Potential Wilderness is modified portation over such an area. (2) LIBERTY BELL EAST SPECIAL MANAGE- to exclude the area comprising approxi- (g) SENSE OF CONGRESS.—It is the sense of MENT AREA.—The Federal land in the Grand mately 15.5 acres of land identified as ‘Poten- Congress that military aviation training on Mesa, Uncompahgre, and Gunnison National tial Wilderness to Non-wilderness’ on the Federal public lands in Colorado, including Forests in the State comprising approxi- map entitled ‘Rocky Mountain National the training conducted at the High-Altitude mately 792 acres, as generally depicted on Park Proposed Wilderness Area Amendment’ Army National Guard Aviation Training the map entitled ‘‘Proposed Liberty Bell and and dated January 16, 2018.’’. Site, is critical to the national security of Last Dollar Additions to the Mt. Sneffels SEC. 4110. ADMINISTRATIVE PROVISIONS. the United States and the readiness of the Wilderness, Liberty Bell East Special Man- (a) FISH AND WILDLIFE.—Nothing in this Armed Forces. agement Area’’ and dated September 6, 2018, subtitle affects the jurisdiction or responsi- Subtitle B—San Juan Mountains is designated as the ‘‘Liberty Bell East Spe- bility of the State with respect to fish and SEC. 4201. DEFINITIONS. cial Management Area’’. wildlife in the State. In this subtitle: (b) PURPOSE.—The purpose of the Special (b) NO BUFFER ZONES.— (1) COVERED LAND.—The term ‘‘covered Management Areas is to conserve and pro- (1) IN GENERAL.—Nothing in this subtitle or land’’ means— tect for the benefit and enjoyment of present an amendment made by this subtitle estab- (A) land designated as wilderness under and future generations the geological, cul- lishes a protective perimeter or buffer zone paragraphs (27) through (29) of section 2(a) of tural, archaeological, paleontological, nat- around— the Colorado Wilderness Act of 1993 (16 ural, scientific, recreational, wilderness, (A) a covered area; U.S.C. 1132 note; Public Law 103–77) (as added wildlife, riparian, historical, educational, (B) a wilderness area or potential wilder- by section 4202); and and scenic resources of the Special Manage- ness area designated by section 4103; (B) a Special Management Area. ment Areas. (C) the Recreation Management Area; (2) SECRETARY.—The term ‘‘Secretary’’ (c) MANAGEMENT.— (D) a Wildlife Conservation Area; or means the Secretary of Agriculture. (1) IN GENERAL.—The Secretary shall man- (E) the Historic Landscape. (3) SPECIAL MANAGEMENT AREA.—The term age the Special Management Areas in a man- (2) OUTSIDE ACTIVITIES.—The fact that a ‘‘Special Management Area’’ means each of— ner that— nonwilderness activity or use on land outside (A) the Sheep Mountain Special Manage- (A) conserves, protects, and enhances the of a covered area can be seen or heard from ment Area designated by section 4203(a)(1); resources and values of the Special Manage- within the covered area shall not preclude and ment Areas described in subsection (b); the activity or use outside the boundary of (B) the Liberty Bell East Special Manage- (B) subject to paragraph (3), maintains or the covered area. ment Area designated by section 4203(a)(2). improves the wilderness character of the (c) MAPS AND LEGAL DESCRIPTIONS.— SEC. 4202. ADDITIONS TO NATIONAL WILDER- Special Management Areas and the suit- (1) IN GENERAL.—As soon as practicable NESS PRESERVATION SYSTEM. ability of the Special Management Areas for after the date of enactment of this Act, the Section 2(a) of the Colorado Wilderness Act potential inclusion in the National Wilder- Secretary shall file maps and legal descrip- of 1993 (16 U.S.C. 1132 note; Public Law 103– ness Preservation System; and tions of each area described in subsection 77) (as amended by section 4102(a)(2)) is (C) is in accordance with— (b)(1) with— amended by adding at the end the following: (i) the National Forest Management Act of (A) the Committee on Natural Resources of ‘‘(27) LIZARD HEAD WILDERNESS ADDITION.— 1976 (16 U.S.C. 1600 et seq.); the House of Representatives; and Certain Federal land in the Grand Mesa, (ii) this subtitle; and (B) the Committee on Energy and Natural Uncompahgre, and Gunnison National For- (iii) any other applicable laws. Resources of the Senate. ests comprising approximately 3,141 acres, as (2) PROHIBITIONS.—The following shall be (2) FORCE OF LAW.—Each map and legal de- generally depicted on the map entitled ‘Pro- prohibited in the Special Management Areas: scription filed under paragraph (1) shall have posed Wilson, Sunshine, Black Face and San (A) Permanent roads. the same force and effect as if included in Bernardo Additions to the Lizard Head Wil- (B) Except as necessary to meet the min- this subtitle, except that the Secretary may derness’ and dated September 6, 2018, which imum requirements for the administration correct any typographical errors in the maps is incorporated in, and shall be administered of the Federal land, to provide access for and legal descriptions. as part of, the Lizard Head Wilderness. abandoned mine cleanup, and to protect pub- (3) PUBLIC AVAILABILITY.—Each map and ‘‘(28) MOUNT SNEFFELS WILDERNESS ADDI- lic health and safety— legal description filed under paragraph (1) TIONS.— (i) the use of motor vehicles, motorized shall be on file and available for public in- ‘‘(A) LIBERTY BELL AND LAST DOLLAR ADDI- equipment, or mechanical transport (other spection in the appropriate offices of the TIONS.—Certain Federal land in the Grand than as provided in paragraph (3)); and Forest Service. Mesa, Uncompahgre, and Gunnison National (ii) the establishment of temporary roads. (d) ACQUISITION OF LAND.— Forests comprising approximately 7,235 (3) AUTHORIZED ACTIVITIES.— (1) IN GENERAL.—The Secretary may ac- acres, as generally depicted on the map enti- (A) IN GENERAL.—The Secretary may allow quire any land or interest in land within the tled ‘Proposed Liberty Bell and Last Dollar any activities (including helicopter access boundaries of an area described in subsection Additions to the Mt. Sneffels Wilderness, for recreation and maintenance and the com- (b)(1) only through exchange, donation, or Liberty Bell East Special Management Area’ petitive running event permitted since 1992) purchase from a willing seller. and dated September 6, 2018, which is incor- that have been authorized by permit or li- (2) MANAGEMENT.—Any land or interest in porated in, and shall be administered as part cense as of the date of enactment of this Act land acquired under paragraph (1) shall be in- of, the Mount Sneffels Wilderness. to continue within the Special Management corporated into, and administered as a part ‘‘(B) WHITEHOUSE ADDITIONS.—Certain Fed- Areas, subject to such terms and conditions of, the wilderness area, Recreation Manage- eral land in the Grand Mesa, Uncompahgre, as the Secretary may require. ment Area, Wildlife Conservation Area, or and Gunnison National Forests comprising (B) PERMITTING.—The designation of the Historic Landscape, as applicable, in which approximately 12,465 acres, as generally de- Special Management Areas by subsection (a) the land or interest in land is located. picted on the map entitled ‘Proposed White- shall not affect the issuance of permits relat- (e) WITHDRAWAL.—Subject to valid rights house Additions to the Mt. Sneffels Wilder- ing to the activities covered under subpara- in existence on the date of enactment of this ness’ and dated September 6, 2018, which is graph (A) after the date of enactment of this Act, the areas described in subsection (b)(1) incorporated in, and shall be administered as Act. are withdrawn from— part of, the Mount Sneffels Wilderness. (C) BICYCLES.—The Secretary may permit (1) entry, appropriation, and disposal under ‘‘(29) MCKENNA PEAK WILDERNESS.—Certain the use of bicycles in— the public land laws; Federal land in the State of Colorado com- (i) the portion of the Sheep Mountain Spe- (2) location, entry, and patent under min- prising approximately 8,884 acres of Bureau cial Management Area identified as ‘‘Ophir ing laws; and of Land Management land, as generally de- Valley Area’’ on the map entitled ‘‘Proposed (3) operation of the mineral leasing, min- picted on the map entitled ‘Proposed McKen- Sheep Mountain Special Management Area’’ eral materials, and geothermal leasing laws. na Peak Wilderness Area’ and dated Sep- and dated September 19, 2018; and (f) MILITARY OVERFLIGHTS.—Nothing in tember 18, 2018, to be known as the ‘McKenna (ii) the portion of the Liberty Bell East this subtitle or an amendment made by this Peak Wilderness’.’’. Special Management Area identified as ‘‘Lib- subtitle restricts or precludes— SEC. 4203. SPECIAL MANAGEMENT AREAS. erty Bell Corridor’’ on the map entitled (1) any low-level overflight of military air- (a) DESIGNATION.— ‘‘Proposed Liberty Bell and Last Dollar Ad- craft over any area subject to this subtitle or (1) SHEEP MOUNTAIN SPECIAL MANAGEMENT ditions to the Mt. Sneffels Wilderness, Lib- an amendment made by this subtitle, includ- AREA.—The Federal land in the Grand Mesa, erty Bell East Special Management Area’’ ing military overflights that can be seen, Uncompahgre, and Gunnison and San Juan and dated September 6, 2018. heard, or detected within such an area; National Forests in the State comprising ap- (d) APPLICABLE LAW.—Water and water (2) flight testing or evaluation over an area proximately 21,663 acres, as generally de- rights in the Special Management Areas described in paragraph (1); or picted on the map entitled ‘‘Proposed Sheep shall be administered in accordance with (3) the use or establishment of— Mountain Special Management Area’’ and section 8 of the Colorado Wilderness Act of

VerDate Sep 11 2014 02:57 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.045 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1322 CONGRESSIONAL RECORD — SENATE March 3, 2020 1993 (Public Law 103–77; 107 Stat. 762), except scription of each wilderness area designated Divide area from mineral and other disposal that, for purposes of this title— by paragraphs (27) through (29) of section 2(a) laws; and (1) any reference contained in that section of the Colorado Wilderness Act of 1993 (16 (2) to promote the capture of fugitive to ‘‘the lands designated as wilderness by U.S.C. 1132 note; Public Law 103–77) (as added methane emissions that would otherwise be this Act’’, ‘‘the Piedra, Roubideau, and by section 4202) and the Special Management emitted into the atmosphere— Tabeguache areas identified in section 9 of Areas with— (A) to reduce methane gas emissions; and this Act, or the Bowen Gulch Protection (A) the Committee on Natural Resources of (B) to provide— Area or the Fossil Ridge Recreation Manage- the House of Representatives; and (i) new renewable electricity supplies and ment Area identified in sections 5 and 6 of (B) the Committee on Energy and Natural other beneficial uses of fugitive methane this Act’’, or ‘‘the areas described in sections Resources of the Senate. emissions; and 2, 5, 6, and 9 of this Act’’ shall be considered (2) FORCE OF LAW.—Each map and legal de- (ii) increased royalties for taxpayers. to be a reference to ‘‘the Special Manage- scription filed under paragraph (1) shall have SEC. 4302. DEFINITIONS. ment Areas’’; and the same force and effect as if included in (2) any reference contained in that section this subtitle, except that the Secretary or In this subtitle: to ‘‘this Act’’ shall be considered to be a ref- the Secretary of the Interior, as appropriate, (1) FUGITIVE METHANE EMISSIONS.—The erence to ‘‘title IV of the American Energy may correct any typographical errors in the term ‘‘fugitive methane emissions’’ means Innovation Act of 2020’’. maps and legal descriptions. methane gas from those Federal lands in Garfield, Gunnison, Delta, or Pitkin County SEC. 4204. RELEASE OF WILDERNESS STUDY (3) PUBLIC AVAILABILITY.—Each map and AREAS. legal description filed under paragraph (1) in the State generally depicted on the pilot (a) DOMINGUEZ CANYON WILDERNESS STUDY shall be on file and available for public in- program map as ‘‘Fugitive Coal Mine Meth- AREA.—Subtitle E of title II of Public Law spection in the appropriate offices of the Bu- ane Use Pilot Program Area’’ that would 111–11 is amended— reau of Land Management and the Forest leak or be vented into the atmosphere from (1) by redesignating section 2408 (16 U.S.C. Service. an active, inactive or abandoned under- 460zzz–7) as section 2409; and (d) ACQUISITION OF LAND.— ground coal mine. (2) by inserting after section 2407 (16 U.S.C. (1) IN GENERAL.—The Secretary or the Sec- (2) PILOT PROGRAM.—The term ‘‘pilot pro- 460zzz–6) the following: retary of the Interior, as appropriate, may gram’’ means the Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Pro- ‘‘SEC. 2408. RELEASE. acquire any land or interest in land within gram established by section 4305(a)(1). ‘‘(a) IN GENERAL.—Congress finds that, for the boundaries of a Special Management (3) PILOT PROGRAM MAP.—The term ‘‘pilot the purposes of section 603(c) of the Federal Area or the wilderness designated under program map’’ means the map entitled Land Policy and Management Act of 1976 (43 paragraphs (27) through (29) of section 2(a) of ‘‘Greater Thompson Divide Fugitive Coal U.S.C. 1782(c)), the portions of the the Colorado Wilderness Act of 1993 (16 Mine Methane Use Pilot Program Area’’ and Dominguez Canyon Wilderness Study Area U.S.C. 1132 note; Public Law 103–77) (as added dated June 17, 2019. not designated as wilderness by this subtitle by section 4202) only through exchange, do- (4) SECRETARY.—The term ‘‘Secretary’’ have been adequately studied for wilderness nation, or purchase from a willing seller. means the Secretary of the Interior. designation. (2) MANAGEMENT.—Any land or interest in (5) THOMPSON DIVIDE LEASE.— ‘‘(b) RELEASE.—Any public land referred to land acquired under paragraph (1) shall be in- (A) IN GENERAL.—The term ‘‘Thompson Di- in subsection (a) that is not designated as corporated into, and administered as a part vide lease’’ means any oil or gas lease in ef- wilderness by this subtitle— of, the wilderness or Special Management fect on the date of enactment of this Act ‘‘(1) is no longer subject to section 603(c) of Area in which the land or interest in land is within the Thompson Divide Withdrawal and the Federal Land Policy and Management located. Protection Area. Act of 1976 (43 U.S.C. 1782(c)); and (e) GRAZING.—The grazing of livestock on (B) EXCLUSIONS.—The term ‘‘Thompson Di- ‘‘(2) shall be managed in accordance with covered land, if established before the date of vide lease’’ does not include any oil or gas this subtitle and any other applicable laws.’’. enactment of this Act, shall be permitted to lease that— (b) MCKENNA PEAK WILDERNESS STUDY continue subject to such reasonable regula- (i) is associated with a Wolf Creek Storage AREA.— tions as are considered to be necessary by Field development right; or (1) IN GENERAL.—Congress finds that, for the Secretary with jurisdiction over the cov- (ii) before the date of enactment of this the purposes of section 603(c) of the Federal ered land, in accordance with— Act, has expired, been cancelled, or other- Land Policy and Management Act of 1976 (43 (1) section 4(d)(4) of the Wilderness Act (16 wise terminated. U.S.C. 1782(c)), the portions of the McKenna U.S.C. 1133(d)(4)); and (6) THOMPSON DIVIDE MAP.—The term Peak Wilderness Study Area in San Miguel (2) the applicable guidelines set forth in ‘‘Thompson Divide map’’ means the map en- County in the State not designated as wil- Appendix A of the report of the Committee titled ‘‘Greater Thompson Divide Area Map’’ derness by paragraph (29) of section 2(a) of on Interior and Insular Affairs of the House and dated June 13, 2019. the Colorado Wilderness Act of 1993 (16 of Representatives accompanying H.R. 2570 (7) THOMPSON DIVIDE WITHDRAWAL AND PRO- U.S.C. 1132 note; Public Law 103–77) (as added of the 101st Congress (H. Rept. 101–405) or TECTION AREA.—The term ‘‘Thompson Divide by section 4202) have been adequately studied H.R. 5487 of the 96th Congress (H. Rept. 96– Withdrawal and Protection Area’’ means the for wilderness designation. 617). Federal land and minerals generally depicted (2) RELEASE.—Any public land referred to (f) FIRE, INSECTS, AND DISEASES.—In ac- on the Thompson Divide map as the in paragraph (1) that is not designated as cordance with section 4(d)(1) of the Wilder- ‘‘Thompson Divide Withdrawal and Protec- wilderness by paragraph (29) of section 2(a) of ness Act (16 U.S.C. 1133(d)(1)), the Secretary tion Area’’. the Colorado Wilderness Act of 1993 (16 with jurisdiction over a wilderness area des- (8) WOLF CREEK STORAGE FIELD DEVELOP- U.S.C. 1132 note; Public Law 103–77) (as added ignated by paragraphs (27) through (29) of MENT RIGHT.— by section 4202)— section 2(a) of the Colorado Wilderness Act (A) IN GENERAL.—The term ‘‘Wolf Creek (A) is no longer subject to section 603(c) of of 1993 (16 U.S.C. 1132 note; Public Law 103– Storage Field development right’’ means a the Federal Land Policy and Management 77) (as added by section 4202) may carry out development right for any of the Federal Act of 1976 (43 U.S.C. 1782(c)); and any activity in the wilderness area that the mineral leases numbered COC 007496, COC (B) shall be managed in accordance with Secretary determines to be necessary for the 007497, COC 007498, COC 007499, COC 007500, applicable laws. control of fire, insects, and diseases, subject to such terms and conditions as the Sec- COC 007538, COC 008128, COC 015373, COC SEC. 4205. ADMINISTRATIVE PROVISIONS. retary determines to be appropriate. 0128018, COC 051645, and COC 051646, and gen- (a) FISH AND WILDLIFE.—Nothing in this (g) WITHDRAWAL.—Subject to valid rights erally depicted on the Thompson Divide map subtitle affects the jurisdiction or responsi- in existence on the date of enactment of this as ‘‘Wolf Creek Storage Agreement’’. bility of the State with respect to fish and Act, the covered land and the approximately (B) EXCLUSIONS.—The term ‘‘Wolf Creek wildlife in the State. 6,590 acres generally depicted on the map en- Storage Field development right’’ does not (b) NO BUFFER ZONES.— titled ‘‘Proposed Naturita Canyon Mineral include any storage right or related activity (1) IN GENERAL.—Nothing in this subtitle Withdrawal Area’’ and dated September 6, within the area described in subparagraph establishes a protective perimeter or buffer 2018, is withdrawn from— (A). zone around covered land. (1) entry, appropriation, and disposal under (2) ACTIVITIES OUTSIDE WILDERNESS.—The SEC. 4303. THOMPSON DIVIDE WITHDRAWAL AND the public land laws; fact that a nonwilderness activity or use on PROTECTION AREA. (2) location, entry, and patent under min- land outside of the covered land can be seen (a) WITHDRAWAL.—Subject to valid existing ing laws; and or heard from within covered land shall not rights, the Thompson Divide Withdrawal and (3) operation of the mineral leasing, min- preclude the activity or use outside the Protection Area is withdrawn from— eral materials, and geothermal leasing laws. boundary of the covered land. (1) entry, appropriation, and disposal under (c) MAPS AND LEGAL DESCRIPTIONS.— Subtitle C—Thompson Divide the public land laws; (1) IN GENERAL.—As soon as practicable SEC. 4301. PURPOSES. (2) location, entry, and patent under the after the date of enactment of this Act, the The purposes of this subtitle are— mining laws; and Secretary or the Secretary of the Interior, as (1) subject to valid existing rights, to with- (3) operation of the mineral leasing, min- appropriate, shall file a map and a legal de- draw certain Federal land in the Thompson eral materials, and geothermal leasing laws.

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(b) SURVEYS.—The exact acreage and legal (1) CONVEYANCE TO SECRETARY.—As a condi- (3) CONTENTS.—The inventory under para- description of the Thompson Divide With- tion precedent to the relinquishment of a graph (1) shall include— drawal and Protection Area shall be deter- Thompson Divide lease, any leaseholder with (A) the general location and geographic co- mined by surveys approved by the Secretary, a Wolf Creek Storage Field development ordinates of each vent, seep, or other source in consultation with the Secretary of Agri- right shall permanently relinquish, transfer, producing significant fugitive methane emis- culture. and otherwise convey to the Secretary, in a sions; (c) GRAZING.—The grazing of livestock on form acceptable to the Secretary, all Wolf (B) an estimate of the volume and con- covered land, if established before the date of Creek Storage Field development rights of centration of fugitive methane emissions enactment of this Act, shall be allowed to the leaseholder. from each source of significant fugitive continue subject to such reasonable regula- (2) LIMITATION OF TRANSFER.—An interest methane emissions including details of tions as are considered to be necessary by acquired by the Secretary under paragraph measurements taken and the basis for that the Secretary with jurisdiction over the cov- (1)— emissions estimate; ered land. (A) shall be held in perpetuity; and (C) an estimate of the total volume of fugi- SEC. 4304. THOMPSON DIVIDE LEASE EXCHANGE. (B) shall not be— tive methane emissions each year; (a) IN GENERAL.—In exchange for the relin- (i) transferred; (D) relevant data and other information quishment by a leaseholder of all Thompson (ii) reissued; or available from— Divide leases of the leaseholder, the Sec- (iii) otherwise used for mineral extraction. (i) the Environmental Protection Agency; retary may issue to the leaseholder credits SEC. 4305. GREATER THOMPSON DIVIDE FUGI- (ii) the Mine Safety and Health Adminis- for any bid, royalty, or rental payment due TIVE COAL MINE METHANE USE tration; under any Federal oil or gas lease on Federal PILOT PROGRAM. (iii) Colorado Department of Natural Re- land in the State, in accordance with sub- (a) FUGITIVE COAL MINE METHANE USE sources; PILOT PROGRAM.— section (b). (iv) Colorado Public Utility Commission; (1) ESTABLISHMENT.—There is established (b) AMOUNT OF CREDITS.— (v) Colorado Department of Health and En- in the Bureau of Land Management a pilot (1) IN GENERAL.—Subject to paragraph (2), vironment; and program, to be known as the ‘‘Greater the amount of the credits issued to a lease- (vi) Office of Surface Mining Reclamation Thompson Divide Fugitive Coal Mine Meth- holder of a Thompson Divide lease relin- and Enforcement; and ane Use Pilot Program’’. quished under subsection (a) shall— (E) such other information as may be use- (2) PURPOSE.—The purpose of the pilot pro- (A) be equal to the sum of— ful in advancing the purposes of the pilot gram is to promote the capture, beneficial (i) the amount of the bonus bids paid for program. the applicable Thompson Divide leases; use, mitigation, and sequestration of fugitive (4) PUBLIC PARTICIPATION; DISCLOSURE.— (ii) the amount of any rental paid for the methane emissions— (A) to reduce methane emissions; (A) PUBLIC PARTICIPATION.—The Secretary applicable Thompson Divide leases as of the shall provide opportunities for public par- date on which the leaseholder submits to the (B) to promote economic development; (C) to produce bid and royalty revenues; ticipation in the inventory under this sub- Secretary a notice of the decision to relin- section. quish the applicable Thompson Divide leases; (D) to improve air quality; and (E) to improve public safety. (B) AVAILABILITY.—The Secretary shall and make the inventory under this subsection (3) PLAN.— (iii) the amount of any expenses incurred publicly available. by the leaseholder of the applicable Thomp- (A) IN GENERAL.—Not later than 180 days (C) DISCLOSURE.—Nothing in this sub- son Divide leases in the preparation of any after the date of enactment of this Act, the Secretary shall develop a plan— section requires the Secretary to publicly re- drilling permit, sundry notice, or other re- lease information that— lated submission in support of the develop- (i) to complete an inventory of fugitive methane emissions in accordance with sub- (i) poses a threat to public safety; ment of the applicable Thompson Divide (ii) is confidential business information; or leases as of January 28, 2019, including any section (b); (ii) to provide for the leasing of fugitive (iii) is otherwise protected from public dis- expenses relating to the preparation of any closure. analysis under the National Environmental methane emissions in accordance with sub- (5) USE.—The Secretary shall use the in- Policy Act of 1969 (42 U.S.C. 4321 et seq.); and section (c); and (iii) to provide for the capping or destruc- ventory in carrying out— (B) require the approval of the Secretary. (A) the leasing program under subsection (2) EXCLUSION.—The amount of a credit tion of fugitive methane emissions in accord- ance with subsection (d). (c); and issued under subsection (a) shall not include (B) the capping or destruction of fugitive (B) COORDINATION.—In developing the plan any expenses paid by the leaseholder of a methane emissions under subsection (d). Thompson Divide lease for legal fees or re- under this paragraph, the Secretary shall co- lated expenses for legal work with respect to ordinate with— (c) FUGITIVE METHANE EMISSION LEASING a Thompson Divide lease. (i) the State; PROGRAM.— (c) CANCELLATION.—Effective on relinquish- (ii) Garfield, Gunnison, Delta, and Pitkin (1) IN GENERAL.—Subject to valid existing ment under this section, and without any ad- Counties in the State; rights and in accordance with this section, ditional action by the Secretary, a Thomp- (iii) lessees of Federal coal within the not later than 1 year after the date of com- son Divide lease— counties referred to in clause (ii); pletion of the inventory required under sub- (1) shall be permanently cancelled; and (iv) interested institutions of higher edu- section (b), the Secretary shall carry out a (2) shall not be reissued. cation in the State; and program to encourage the use and destruc- (d) CONDITIONS.— (v) interested members of the public. tion of fugitive methane emissions. (1) APPLICABLE LAW.—Except as otherwise (b) FUGITIVE METHANE EMISSION INVEN- (2) FUGITIVE METHANE EMISSIONS FROM COAL provided in this section, each exchange TORY.— MINES SUBJECT TO LEASE.— under this section shall be conducted in ac- (1) IN GENERAL.—Not later than 1 year after (A) IN GENERAL.—The Secretary shall au- cordance with— the date of enactment of this Act, the Sec- thorize the holder of a valid existing Federal (A) this title; and retary shall complete an inventory of fugi- coal lease for a mine that is producing fugi- (B) other applicable laws (including regula- tive methane emissions. tive methane emissions to capture for use, or tions). (2) CONDUCT.—The Secretary may conduct destroy by flaring, the fugitive methane (2) ACCEPTANCE OF CREDITS.—The Secretary the inventory under paragraph (1) through, emissions. shall accept credits issued under subsection or in collaboration with— (B) CONDITIONS.—The authority under sub- (a) in the same manner as cash for the pay- (A) the Bureau of Land Management; paragraph (A) shall be— ments described in that subsection. (B) the United States Geological Survey; (i) subject to valid existing rights; and (3) APPLICABILITY.—The use of a credit (C) the Environmental Protection Agency; (ii) subject to such terms and conditions as issued under subsection (a) shall be subject (D) the United States Forest Service; the Secretary may require. to the laws (including regulations) applica- (E) State departments or agencies; (C) LIMITATIONS.—The program carried out ble to the payments described in that sub- (F) Garfield, Gunnison, Delta, or Pitkin under paragraph (1) shall only include fugi- section, to the extent that the laws are con- County in the State; tive methane emissions that can be captured sistent with this section. (G) the Garfield County Federal Mineral for use, or destroyed by flaring, in a manner (4) TREATMENT OF CREDITS.—All amounts in Lease District; that does not— the form of credits issued under subsection (H) institutions of higher education in the (i) endanger the safety of any coal mine (a) accepted by the Secretary shall be con- State; worker; or sidered to be amounts received for the pur- (I) lessees of Federal coal within a county (ii) unreasonably interfere with any ongo- poses of— referred to in subparagraph (F); ing operation at a coal mine. (A) section 35 of the Mineral Leasing Act (J) the National Oceanic and Atmospheric (D) COOPERATION.— (30 U.S.C. 191); and Administration; (i) IN GENERAL.—The Secretary shall work (B) section 20 of the Geothermal Steam Act (K) the National Center for Atmospheric cooperatively with the holders of valid exist- of 1970 (30 U.S.C. 1019). Research; or ing Federal coal leases for mines that (e) WOLF CREEK STORAGE FIELD DEVELOP- (L) other interested entities, including produce fugitive methane emissions to en- MENT RIGHTS.— members of the public. courage—

VerDate Sep 11 2014 02:57 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.045 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1324 CONGRESSIONAL RECORD — SENATE March 3, 2020 (I) the capture of fugitive methane emis- methane emissions to be put to beneficial in the appropriate offices of the National sions for beneficial use, such as generating use or flared by not later than 1 year after Park Service. electrical power, producing usable heat, the date of issuance of the lease. (c) ADMINISTRATION.— transporting the methane to market, trans- (F) ROYALTY RATE.—The Secretary shall (1) IN GENERAL.—The Secretary shall ad- forming the fugitive methane emissions into develop a minimum bid and royalty rate for minister the National Recreation Area in ac- a different marketable material; or leases under this paragraph to advance the cordance with— (II) if the beneficial use of the fugitive purposes of this section, to the maximum ex- (A) this subtitle; and methane emissions is not feasible, the de- tent practicable. (B) the laws (including regulations) gen- struction of the fugitive methane emissions (d) SEQUESTRATION.—If, by not later than 4 erally applicable to units of the National by flaring. years after the date of enactment of this Park System, including section 100101(a), (ii) GUIDANCE.—In furtherance of the pur- Act, any significant fugitive methane emis- chapter 1003, and sections 100751(a), 100752, poses of this paragraph, not later than 1 year sions from abandoned coal mines on Federal 100753, and 102101 of title 54, United States after the date of enactment of this Act, the land are not leased under subsection (c)(3), Code. Secretary shall issue guidance for the imple- the Secretary shall, in accordance with ap- (2) DAM, POWER PLANT, AND RESERVOIR MAN- mentation of Federal authorities and pro- plicable law, take all reasonable measures— AGEMENT AND OPERATIONS.— grams to encourage the capture for use, or (1) to cap those fugitive methane emissions (A) IN GENERAL.—Nothing in this subtitle destruction by flaring, of fugitive methane at the source in any case in which the cap affects or interferes with the authority of emissions while minimizing impacts on nat- will result in the long-term sequestration of the Secretary— ural resources or other public interest val- all or a significant portion of the fugitive (i) to operate the Uncompahgre Valley ues. methane emissions; or Reclamation Project under the reclamation (E) ROYALTIES.—The Secretary shall deter- (2) if sequestration under paragraph (1) is laws; mine whether any fugitive methane emis- not feasible, destroy the fugitive methane (ii) to operate the Wayne N. Aspinall Unit sions used or destroyed pursuant to this emissions by flaring. of the Colorado River Storage Project under paragraph are subject to the payment of a (e) REPORT TO CONGRESS.—Not later than 4 the Act of April 11, 1956 (commonly known as royalty under applicable law. years after the date of enactment of this Act the ‘‘Colorado River Storage Project Act’’) (3) FUGITIVE METHANE EMISSIONS FROM the Secretary shall submit to the Committee (43 U.S.C. 620 et seq.); or ABANDONED COAL MINES.— on Natural Resources of the House of Rep- (iii) under the Federal Water Project (A) IN GENERAL.—Except as otherwise pro- resentatives and the Committee on Energy Recreation Act (16 U.S.C. 460l–12 et seq.). vided in this section, notwithstanding sec- and Natural Resources of the Senate a report (B) RECLAMATION LAND.— tion 4303, subject to valid existing rights, detailing— (i) SUBMISSION OF REQUEST TO RETAIN AD- and in accordance with section 21 of the Min- (1) the economic and environmental im- eral Leasing Act (30 U.S.C. 241) and any other MINISTRATIVE JURISDICTION.—If, before the pacts of the pilot program, including infor- date that is 1 year after the date of enact- applicable law, the Secretary shall— mation on increased royalties and estimates (i) authorize the capture for use, or de- ment of this Act, the Commissioner of Rec- of avoided greenhouse gas emissions; and lamation submits to the Secretary a request struction by flaring, of fugitive methane (2) any recommendations by the Secretary emissions from abandoned coal mines on for the Commissioner of Reclamation to re- on whether the pilot program could be ex- tain administrative jurisdiction over the Federal land; and panded geographically to include other sig- (ii) make available for leasing such fugi- minimum quantity of land within the land nificant sources of fugitive methane emis- identified on the map as ‘‘Lands withdrawn tive methane emissions from abandoned coal sions from coal mines. mines on Federal land as the Secretary con- or acquired for Bureau of Reclamation SEC. 4306. EFFECT. siders to be in the public interest. projects’’ that the Commissioner of Rec- Except as expressly provided in this sub- (B) SOURCE.—To the maximum extent prac- lamation identifies as necessary for the ef- title, nothing in this subtitle— ticable, the Secretary shall offer for lease fective operation of Bureau of Reclamation (1) expands, diminishes, or impairs any each significant vent, seep, or other source water facilities, the Secretary may— valid existing mineral leases, mineral inter- of fugitive methane emissions from aban- (I) approve, approve with modifications, or est, or other property rights wholly or par- doned coal mines. disapprove the request; and tially within the Thompson Divide With- (C) BID QUALIFICATIONS.—A bid to lease fu- (II) if the request is approved under sub- drawal and Protection Area, including access gitive methane emissions under this para- clause (I), make any modifications to the to the leases, interests, rights, or land in ac- graph shall specify whether the prospective map that are necessary to reflect that the lessee intends— cordance with applicable Federal, State, and Commissioner of Reclamation retains man- (i) to capture the fugitive methane emis- local laws (including regulations); agement authority over the minimum quan- sions for beneficial use, such as generating (2) prevents the capture of methane from tity of land required to fulfill the reclama- electrical power, producing usable heat, any active, inactive, or abandoned coal mine tion mission. transporting the methane to market, trans- covered by this subtitle, in accordance with (ii) TRANSFER OF LAND.— forming the fugitive methane emissions into applicable laws; or (I) IN GENERAL.—Administrative jurisdic- a different marketable material; (3) prevents access to, or the development tion over the land identified on the map as (ii) to destroy the fugitive methane emis- of, any new or existing coal mine or lease in ‘‘Lands withdrawn or acquired for Bureau of sions by flaring; or Delta or Gunnison County in the State. Reclamation projects’’, as modified pursuant (iii) to employ a specific combination of— Subtitle D—Curecanti National Recreation to clause (i)(II), if applicable, shall be trans- (I) capturing the fugitive methane emis- Area ferred from the Commissioner of Reclama- sions for beneficial use; and SEC. 4401. DEFINITIONS. tion to the Director of the National Park (II) destroying the fugitive methane emis- In this subtitle: Service by not later than the date that is 1 sion by flaring. (1) MAP.—The term ‘‘map’’ means the map year after the date of enactment of this Act. (D) PRIORITY.— entitled ‘‘Curecanti National Recreation (II) ACCESS TO TRANSFERRED LAND.— (i) IN GENERAL.—If there is more than one Area, Proposed Boundary’’, numbered 616/ (aa) IN GENERAL.—Subject to item (bb), the qualified bid for a lease under this para- 100,485C, and dated August 11, 2016. Commissioner of Reclamation shall retain graph, the Secretary shall select the bid that (2) NATIONAL RECREATION AREA.—The term access to the land transferred to the Director the Secretary determines is likely to most ‘‘National Recreation Area’’ means the of the National Park Service under subclause significantly advance the public interest. Curecanti National Recreation Area estab- (I) for reclamation purposes, including for (ii) CONSIDERATIONS.—In determining the lished by section 4402(a). the operation, maintenance, and expansion public interest under clause (i), the Sec- (3) SECRETARY.—The term ‘‘Secretary’’ or replacement of facilities. retary shall take into consideration— means the Secretary of the Interior. (bb) MEMORANDUM OF UNDERSTANDING.—The (I) the size of the overall decrease in the SEC. 4402. CURECANTI NATIONAL RECREATION terms of the access authorized under item time-integrated radiative forcing of the fugi- AREA. (aa) shall be determined by a memorandum tive methane emissions; (a) ESTABLISHMENT.—Effective beginning of understanding entered into between the (II) the impacts to other natural resource on the earlier of the date on which the Sec- Commissioner of Reclamation and the Direc- values, including wildlife, water, and air; and retary approves a request under subsection tor of the National Park Service not later (III) other public interest values, including (c)(2)(B)(i)(I) and the date that is 1 year after than 1 year after the date of enactment of scenic, economic, recreation, and cultural the date of enactment of this Act, there shall this Act. values. be established as a unit of the National Park (3) MANAGEMENT AGREEMENTS.— (E) LEASE FORM.— System the Curecanti National Recreation (A) IN GENERAL.—The Secretary may enter (i) IN GENERAL.—The Secretary shall de- Area, in accordance with this title, con- into management agreements, or modify velop and provide to prospective bidders a sisting of approximately 50,667 acres of land management agreements in existence on the lease form for leases issued under this para- in the State, as generally depicted on the date of enactment of this Act, relating to the graph. map as ‘‘Curecanti National Recreation Area authority of the Director of the National (ii) DUE DILIGENCE.—The lease form devel- Proposed Boundary’’. Park Service, the Commissioner of Reclama- oped under clause (i) shall include terms and (b) AVAILABILITY OF MAP.—The map shall tion, the Director of the Bureau of Land conditions requiring the leased fugitive be on file and available for public inspection Management, or the Chief of the Forest

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Service to manage Federal land within or ad- (B) STATE AND PRIVATE LAND.—The Sec- Basin upstream of the Aspinall Unit, subject jacent to the boundary of the National retary may, in accordance with applicable to the condition that no existing fishing ac- Recreation Area. laws, authorize grazing on land acquired cess downstream of the Aspinall Unit shall (B) STATE LAND.—The Secretary may enter from the State or private landowners under be counted toward the minimum mileage re- into cooperative management agreements section 4403, if grazing was established before quirement under the program. for any land administered by the State that the date of acquisition. (C) PLAN.—Not later than 1 year after the is within or adjacent to the National Recre- (C) PRIVATE LAND.—On private land ac- date of enactment of this Act, the Secretary ation Area, in accordance with the coopera- quired under section 403 for the National shall— tive management authority under section Recreation Area on which authorized grazing (i) develop a plan for fulfilling the obliga- 101703 of title 54, United States Code. is occurring before the date of enactment of tion of the Secretary described in subpara- (4) RECREATIONAL ACTIVITIES.— this Act, the Secretary, in consultation with graph (B); and (A) AUTHORIZATION.—Except as provided in the lessee, may allow the continuation and (ii) submit to Congress a report that— subparagraph (B), the Secretary shall allow renewal of grazing on the land based on the (I) includes the plan developed under boating, boating-related activities, hunting, terms of acquisition or by agreement be- clause (i); and and fishing in the National Recreation Area tween the Secretary and the lessee, subject (II) describes any progress made in the ac- in accordance with applicable Federal and to applicable law (including regulations). quisition of public access fishing easements State laws. (D) FEDERAL LAND.—The Secretary shall— as mitigation for the Aspinall Unit under the (B) CLOSURES; DESIGNATED ZONES.— (i) allow, consistent with the grazing program. (i) IN GENERAL.—The Secretary, acting leases, uses, and practices in effect as of the SEC. 4403. ACQUISITION OF LAND; BOUNDARY through the Superintendent of the National date of enactment of this Act, the continu- MANAGEMENT. Recreation Area, may designate zones in ation and renewal of grazing on Federal land (a) ACQUISITION.— which, and establish periods during which, located within the boundary of the National (1) IN GENERAL.—The Secretary may ac- no boating, hunting, or fishing shall be per- Recreation Area on which grazing is allowed quire any land or interest in land within the mitted in the National Recreation Area before the date of enactment of this Act, un- boundary of the National Recreation Area. under subparagraph (A) for reasons of public less the Secretary determines that grazing (2) MANNER OF ACQUISITION.— safety, administration, or compliance with on the Federal land would present unaccept- (A) IN GENERAL.—Subject to subparagraph applicable laws. able impacts (as defined in section 1.4.7.1 of (B), land described in paragraph (1) may be (ii) CONSULTATION REQUIRED.—Except in the National Park Service document entitled acquired under this subsection by— the case of an emergency, any closure pro- ‘‘Management Policies 2006: The Guide to (i) donation; posed by the Secretary under clause (i) shall Managing the National Park System’’) to (ii) purchase from willing sellers with do- not take effect until after the date on which the natural, cultural, recreational, and sce- nated or appropriated funds; the Superintendent of the National Recre- nic resource values and the character of the (iii) transfer from another Federal agency; ation Area consults with— land within the National Recreation Area; or (I) the appropriate State agency respon- and (iv) exchange. sible for hunting and fishing activities; and (ii) retain all authorities to manage graz- (B) STATE LAND.—Land or interests in land (II) the Board of County Commissioners in ing in the National Recreation Area. owned by the State or a political subdivision each county in which the zone is proposed to (E) TERMINATION OF LEASES.—Within the of the State may only be acquired by pur- be designated. National Recreation Area, the Secretary chase, donation, or exchange. (5) LANDOWNER ASSISTANCE.—On the writ- may— (b) TRANSFER OF ADMINISTRATIVE JURISDIC- ten request of an individual that owns pri- (i) accept the voluntary termination of a TION.— vate land located not more than 3 miles from lease or permit for grazing; or (1) FOREST SERVICE LAND.— the boundary of the National Recreation (ii) in the case of a lease or permit vacated (A) IN GENERAL.—Administrative jurisdic- Area, the Secretary may work in partnership for a period of 3 or more years, terminate the tion over the approximately 2,560 acres of with the individual to enhance the long-term lease or permit. land identified on the map as ‘‘U.S. Forest conservation of natural, cultural, rec- (8) WATER RIGHTS.—Nothing in this sub- Service proposed transfer to the National reational, and scenic resources in and around title— Park Service’’ is transferred to the Sec- the National Recreation Area— (A) affects any use or allocation in exist- retary, to be administered by the Director of (A) by acquiring all or a portion of the pri- ence on the date of enactment of this Act of the National Park Service as part of the Na- vate land or interests in private land located any water, water right, or interest in water; tional Recreation Area. not more than 3 miles from the boundary of (B) affects any vested absolute or decreed (B) BOUNDARY ADJUSTMENT.—The boundary the National Recreation Area by purchase, conditional water right in existence on the of the Gunnison National Forest shall be ad- exchange, or donation, in accordance with date of enactment of this Act, including any justed to exclude the land transferred to the section 4403; water right held by the United States; Secretary under subparagraph (A). (B) by providing technical assistance to (C) affects any interstate water compact in (2) BUREAU OF LAND MANAGEMENT LAND.— the individual, including cooperative assist- existence on the date of enactment of this Administrative jurisdiction over the ap- ance; Act; proximately 5,040 acres of land identified on (C) through available grant programs; and (D) authorizes or imposes any new reserved the map as ‘‘Bureau of Land Management (D) by supporting conservation easement Federal water right; proposed transfer to National Park Service’’ opportunities. (E) shall be considered to be a relinquish- is transferred from the Director of the Bu- (6) WITHDRAWAL.—Subject to valid existing ment or reduction of any water right re- reau of Land Management to the Director of rights, all Federal land within the National served or appropriated by the United States the National Park Service, to be adminis- Recreation Area is withdrawn from— in the State on or before the date of enact- tered as part of the National Recreation (A) entry, appropriation, and disposal ment of this Act; or Area. under the public land laws; (F) constitutes an express or implied Fed- (3) WITHDRAWAL.—Administrative jurisdic- (B) location, entry, and patent under the eral reservation of any water or water rights tion over the land identified on the map as mining laws; and with respect to the National Recreation ‘‘Proposed for transfer to the Bureau of Land (C) operation of the mineral leasing, min- area. Management, subject to the revocation of eral materials, and geothermal leasing laws. (9) FISHING EASEMENTS.— Bureau of Reclamation withdrawal’’ shall be (7) GRAZING.— (A) IN GENERAL.—Nothing in this subtitle transferred to the Director of the Bureau of (A) STATE LAND SUBJECT TO A STATE GRAZ- diminishes or alters the fish and wildlife pro- Land Management on relinquishment of the ING LEASE.— gram for the Aspinall Unit developed under land by the Bureau of Reclamation and rev- (i) IN GENERAL.—If State land acquired section 8 of the Act of April 11, 1956 (com- ocation by the Bureau of Land Management under this subtitle is subject to a State graz- monly known as the ‘‘Colorado River Stor- of any withdrawal as may be necessary. ing lease in effect on the date of acquisition, age Project Act’’) (70 Stat. 110, chapter 203; (c) POTENTIAL LAND EXCHANGE.— the Secretary shall allow the grazing to con- 43 U.S.C. 620g), by the United States Fish and (1) IN GENERAL.—The withdrawal for rec- tinue for the remainder of the term of the Wildlife Service, the Bureau of Reclamation, lamation purposes of the land identified on lease, subject to the related terms and condi- and the Colorado Division of Wildlife (includ- the map as ‘‘Potential exchange lands’’ shall tions of user agreements, including per- ing any successor in interest to that divi- be relinquished by the Commissioner of Rec- mitted stocking rates, grazing fee levels, ac- sion) that provides for the acquisition of lamation and revoked by the Director of the cess rights, and ownership and use of range public access fishing easements as mitiga- Bureau of Land Management and the land improvements. tion for the Aspinall Unit (referred to in this shall be transferred to the National Park (ii) ACCESS.—A lessee of State land may paragraph as the ‘‘program’’). Service. continue its use of established routes within (B) ACQUISITION OF FISHING EASEMENTS.— (2) EXCHANGE; INCLUSION IN NATIONAL the National Recreation Area to access State The Secretary shall continue to fulfill the RECREATION AREA.—On transfer of the land land for purposes of administering the lease obligation of the Secretary under the pro- described in paragraph (1), the transferred if the use was permitted before the date of gram to acquire 26 miles of class 1 public land— enactment of this Act, subject to such terms fishing easements to provide to sportsmen (A) may be exchanged by the Secretary for and conditions as the Secretary may require. access for fishing within the Upper Gunnison private land described in section 4402(c)(5)—

VerDate Sep 11 2014 02:57 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.045 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1326 CONGRESSIONAL RECORD — SENATE March 3, 2020 (i) subject to a conservation easement re- (iii) use National Laboratories to collect (bb) by redesignating paragraph (3) as para- maining on the transferred land, to protect and disseminate data to assist private enti- graph (2). the scenic resources of the transferred land; ties in the financing of, subscription to, and (II) TREATMENT.—The amendment made by and operation of community solar projects. paragraph (2) of section 1254(b) of the Energy (ii) in accordance with the laws (including (3) FEDERAL GOVERNMENT PARTICIPATION IN Policy Act of 2005 (Public Law 109–58; 119 regulations) and policies governing National COMMUNITY SOLAR.—The Secretary shall ex- Stat. 971) (as in effect on the day before the Park Service land exchanges; and pand the existing grant, loan, and financing date of enactment of this Act) is void, and (B) if not exchanged under subparagraph programs of the Department to include com- section 112(d) of the Public Utility Regu- (A), shall be added to, and managed as a part munity solar projects. latory Policies Act of 1978 (16 U.S.C. 2622(d)) of, the National Recreation Area. (b) ESTABLISHMENT OF COMMUNITY SOLAR shall be in effect as if those amendments had (d) ADDITION TO NATIONAL RECREATION PROGRAMS.— not been enacted. AREA.—Any land within the boundary of the (1) IN GENERAL.—Section 111(d) of the Pub- (C) PRIOR STATE ACTIONS.— National Recreation Area that is acquired by lic Utility Regulatory Policies Act of 1978 (16 (i) IN GENERAL.—Section 112 of the Public the United States shall be added to, and U.S.C. 2621(d)) is amended by adding at the Utility Regulatory Policies Act of 1978 (16 managed as a part of, the National Recre- end the following: U.S.C. 2622) is amended by adding at the end ation Area. ‘‘(20) COMMUNITY SOLAR PROGRAMS.— the following: SEC. 4404. GENERAL MANAGEMENT PLAN. ‘‘(A) DEFINITIONS.—In this paragraph: ‘‘(g) PRIOR STATE ACTIONS.—Subsections Not later than 3 years after the date on ‘‘(i) COMMUNITY SOLAR FACILITY.—The term (b) and (c) shall not apply to the standard es- which funds are made available to carry out ‘community solar facility’ means a solar tablished by paragraph (20) of section 111(d) this subtitle, the Director of the National photovoltaic system that— in the case of any electric utility in a State Park Service, in consultation with the Com- ‘‘(I) allocates electricity to multiple elec- if, before the date of enactment of this sub- missioner of Reclamation, shall prepare a tric consumers of an electric utility; and section— general management plan for the National ‘‘(II) is— ‘‘(1) the State has implemented for the Recreation Area in accordance with section ‘‘(aa) connected to a local distribution fa- electric utility the standard (or a com- 100502 of title 54, United States Code. cility of the electric utility; parable standard); SEC. 4405. BOUNDARY SURVEY. ‘‘(bb) located on or off the property of an ‘‘(2) the State regulatory authority for the The Secretary (acting through the Direc- electric consumer; and State or the relevant nonregulated electric tor of the National Park Service) shall pre- ‘‘(cc) owned by an electric utility, an elec- utility has conducted a proceeding to con- pare a boundary survey and legal description tric consumer, or a third party. sider implementation of the standard (or a of the National Recreation Area. ‘‘(ii) COMMUNITY SOLAR PROGRAM.—The comparable standard) for the electric utility; term ‘community solar program’ means a or SA 1373. Mr. BENNET submitted an service provided by an electric utility to an ‘‘(3) the State legislature has voted on the amendment intended to be proposed by electric consumer served by the electric util- implementation of the standard (or a com- ity through which the value of electric en- him to the bill S. 2657, to support inno- parable standard) for the electric utility.’’. ergy generated by a community solar facil- vation in advanced geothermal re- (ii) CROSS-REFERENCE.—Section 124 of the ity may be used to offset charges billed to search and development, and for other Public Utility Regulatory Policies Act of the electric consumer by the electric utility. purposes; which was ordered to lie on 1978 (16 U.S.C. 2634) is amended by adding at ‘‘(B) STANDARD.—Each electric utility shall the end the following: ‘‘In the case of the the table; as follows: offer a community solar program.’’. standard established by paragraph (20) of sec- At the end of subtitle B of title I, add the (2) COMPLIANCE.— tion 111(d), the reference contained in this following: (A) TIME LIMITATIONS.—Section 112(b) of subsection to the date of enactment of this SEC. 12ll. COMMUNITY SOLAR. the Public Utility Regulatory Policies Act of Act shall be deemed to be a reference to the (a) COMMUNITY SOLAR CONSUMER CHOICE 1978 (16 U.S.C. 2622(b)) is amended by adding date of enactment of that paragraph (20).’’. PROGRAM; FEDERAL GOVERNMENT PARTICIPA- at the end the following: (c) FEDERAL CONTRACTS FOR PUBLIC UTIL- TION IN COMMUNITY SOLAR.— ‘‘(7)(A) Not later than 1 year after the date ITY SERVICES.—Section 501(b)(1) of title 40, (1) DEFINITIONS.—In this subsection: of enactment of this paragraph, each State United States Code, is amended by striking (A) COMMUNITY SOLAR.—The term ‘‘commu- regulatory authority (with respect to each subparagraph (B) and inserting the fol- nity solar’’ means a solar power plant, the electric utility for which the State has rate- lowing: benefits of the electricity produced by which making authority) and each nonregulated ‘‘(B) PUBLIC UTILITY CONTRACTS.—A con- are shared by 2 or more electricity cus- utility shall commence consideration under tomers. section 111, or set a hearing date for consid- tract under this paragraph for public utility services may be for a period of not more than (B) SUBSCRIBER.—The term ‘‘subscriber’’ eration, with respect to the standard estab- means an electricity customer who receives lished by paragraph (20) of section 111(d). 20 years.’’. a benefit associated with the proportional ‘‘(B) Not later than 2 years after the date Mrs. CAPITO (for herself, output of the community solar facility of the of enactment of this paragraph, each State SA 1374. customer. regulatory authority (with respect to each Mr. WHITEHOUSE, Mr. BARRASSO, and (2) ESTABLISHMENT OF COMMUNITY SOLAR electric utility for which the State has rate- Mr. CRAMER) submitted an amendment CONSUMER CHOICE PROGRAM.— making authority), and each nonregulated intended to be proposed by her to the (A) IN GENERAL.—Not later than 1 year electric utility shall complete the consider- bill S. 2657, to support innovation in after the date of enactment of this Act, the ation and make the determination under sec- advanced geothermal research and de- Secretary shall establish a program to ex- tion 111 with respect to the standard estab- velopment, and for other purposes; pand community solar options to— lished by paragraph (20) of section 111(d).’’. which was ordered to lie on the table; (i) individuals, particularly individuals (B) FAILURE TO COMPLY.— as follows: that do not have regular access to onsite (i) IN GENERAL.—Section 112(c) of the Pub- solar, including low- and moderate-income lic Utility Regulatory Policies Act of 1978 (16 At the end, add the following: individuals; U.S.C. 2622(c)) is amended— TITLE IV—AMENDMENTS TO THE (ii) businesses; (I) by striking ‘‘such paragraph (14)’’ and INTERNAL REVENUE CODE OF 1986 (iii) nonprofit organizations; and all that follows through ‘‘paragraphs (16)’’ SEC. 4001. EXTENSION OF CREDIT FOR CARBON (iv) States and local and Tribal govern- and inserting ‘‘such paragraph (14). In the OXIDE SEQUESTRATION. ments. case of the standard established by para- Section 45Q(d)(1) of the Internal Revenue (B) ALIGNMENT WITH EXISTING FEDERAL graph (15) of section 111(d), the reference con- Code of 1986 is amended by striking ‘‘Janu- PROGRAMS.—The Secretary shall align the tained in this subsection to the date of en- ary 1, 2024’’ and inserting ‘‘January 1, 2029’’. program under subparagraph (A) with exist- actment of this Act shall be deemed to be a ing Federal programs that serve low-income reference to the date of enactment of that SA 1375. Mr. WICKER (for himself communities. paragraph (15). In the case of the standards and Mr. MARKEY) submitted an amend- (C) ASSISTANCE TO STATE AND LOCAL GOV- established by paragraphs (16)’’; and ment intended to be proposed by him ERNMENTS.—In carrying out the program (II) by adding at the end the following: ‘‘In to the bill S. 2657, to support innova- under subparagraph (A), the Secretary the case of the standard established by para- tion in advanced geothermal research shall— graph (20) of section 111(d), the reference con- (i) provide technical assistance to States tained in this subsection to the date of en- and development, and for other pur- and local and Tribal governments for actment of this Act shall be deemed to be a poses; which was ordered to lie on the projects to increase community solar; reference to the date of enactment of that table; as follows: (ii) assist States and local and Tribal gov- paragraph (20).’’. At the appropriate place in title I, insert ernments in the development of new and in- (ii) TECHNICAL CORRECTION.— the following: novative financial and business models that (I) IN GENERAL.—Section 1254(b) of the En- SEC. 1lll. REPORT ON ELECTROCHROMIC leverage competition in the marketplace in ergy Policy Act of 2005 (Public Law 109–58; GLASS. order to serve community solar subscribers; 119 Stat. 971) is amended— (a) DEFINITION OF ELECTROCHROMIC and (aa) by striking paragraph (2); and GLASS.—In this section, the term

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‘‘electrochromic glass’’ means glass that ‘‘(ii) ENERGY STAR.—In the case of amounts (C) by adding at the end the following new uses electricity to change the light transmit- paid or incurred by any taxpayer for any tax- paragraph: tance properties of the glass to heat or cool able year for components described in sub- ‘‘(5) LABOR COSTS.—The term ‘qualified en- a structure. section (c)(3)(B) which do not meet the most ergy efficiency improvements’ includes ex- (b) REPORT.—Not later than 1 year after efficient certification under applicable En- penditures for labor costs properly allocable the date of enactment of this Act, the Sec- ergy Star program requirements, the credit to the onsite preparation, assembly, or origi- retary, in collaboration with the heads of allowed under this section with respect to nal installation of any energy efficient build- other relevant agencies, shall submit to the such amounts for such year shall not exceed ing envelope component.’’, Committee on Energy and Natural Resources the excess (if any) of $200 over the aggregate (4) in subsection (d)— of the Senate and the Committee on Energy credits allowed under this section with re- (A) in paragraph (2)(A)— and Commerce of the House of Representa- spect to such amounts for all prior taxable (i) in clause (i), by adding ‘‘or’’ at the end, tives a report that addresses the benefits of years ending after December 31, 2020. (ii) in clause (ii), by striking ‘‘, or’’ and in- electrochromic glass, including the fol- ‘‘(B) ELECTION.— serting a period, and lowing: ‘‘(i) IN GENERAL.—For purposes of any (iii) by striking clause (iii), (1) Reductions in energy consumption in commercial buildings, especially peak cool- amounts paid or incurred by any taxpayer (B) in paragraph (3)— ing load reduction and annual energy bill for components described in subsection (i) by striking subparagraph (A) and insert- savings. (c)(3)(B), the credit allowed under this sec- ing the following: (2) Benefits in the workplace, especially tion shall only be allowed for components de- ‘‘(A) an electric heat pump water heater visual comfort and employee health. scribed in clause (i) of subparagraph (A) or which, in the standard Department of En- (3) Benefits of natural light in hospitals for clause (ii) of such subparagraph, but not ergy test procedure, yields a uniform energy patients and staff, especially accelerated pa- both, as elected by the taxpayer during the factor of at least 3.0,’’, tient healing and recovery time. first taxable year in which such credit is (ii) in subparagraph (B), by striking ‘‘Janu- being claimed by the taxpayer. ary 1, 2009’’ and inserting ‘‘the date of enact- SA 1376. Mr. WICKER (for himself, ‘‘(ii) IRREVOCABILITY.—The Secretary shall, ment of the American Energy Innovation Mr. KAINE, and Mr. WARNER) submitted through such rules, regulations, and proce- Act of 2020’’, an amendment intended to be proposed dures as are determined appropriate, estab- (iii) in subparagraph (C), by striking ‘‘Jan- by him to the bill S. 2657, to support in- lish procedures for making an election under uary 1, 2009’’ and inserting ‘‘the date of en- this subparagraph, which shall require that— actment of the American Energy Innovation novation in advanced geothermal re- ‘‘(I) any election made by the taxpayer Act of 2020’’, search and development, and for other shall be irrevocable, and (iv) by striking subparagraph (D) and in- purposes; which was ordered to lie on ‘‘(II) such election shall remain in effect serting the following: the table; as follows: for all subsequent taxable years. ‘‘(D) a natural gas, propane, or oil water On page 178, line 16, insert ‘‘, including 2- ‘‘(4) LIMITATION ON DOORS.—In the case of heater which, in the standard Department of dimensional materials such as graphene,’’ amounts paid or incurred for components de- Energy test procedure, yields— after ‘‘designs’’. scribed in subsection (c)(3)(C) by any tax- ‘‘(i) in the case of a storage tank water payer for any taxable year, the credit al- heater— SA 1377. Ms. HASSAN (for herself and lowed under this section with respect to such ‘‘(I) in the case of a medium-draw water Ms. COLLINS) submitted an amendment amounts for such year shall not exceed— heater, a uniform energy factor of not less intended to be proposed by her to the ‘‘(A) the excess (if any) of $500 over the ag- than 0.78, and bill S. 2657, to support innovation in gregate credits allowed under this section ‘‘(II) in the case of a high-draw water heat- advanced geothermal research and de- with respect to such amounts for all prior er, a uniform energy factor of not less than velopment, and for other purposes; taxable years ending after December 31, 2020, 0.80, and or ‘‘(ii) in the case of a tankless water heat- which was ordered to lie on the table; ‘‘(B) $250 for each exterior door. er— as follows: ‘‘(5) LIMITATION ON RESIDENTIAL ENERGY ‘‘(I) in the case of a medium-draw water At the end, add the following: PROPERTY EXPENDITURES.—The amount of the heater, a uniform energy factor of not less TITLE IV—AMENDMENTS TO THE credit allowed under this section by reason than 0.87, and INTERNAL REVENUE CODE OF 1986 of subsection (a)(2) shall not exceed— ‘‘(II) in the case of a high-draw water heat- SEC. 4001. UPDATING CREDIT FOR NONBUSINESS ‘‘(A) in the case of any energy-efficient er, a uniform energy factor of not less than ENERGY PROPERTY. building property— 0.90, and’’, and (a) IN GENERAL.—Section 25C of the Inter- ‘‘(i) for any item of property described in (v) in subparagraph (E), by striking ‘‘of at nal Revenue Code of 1986 is amended— subparagraph (A), (B), or (C) of subsection least 75 percent’’ and inserting the following: (1) in subsection (a)(1), by striking ‘‘10 per- (d)(3), $600, and ‘‘(as determined pursuant to the applicable cent’’ and inserting ‘‘15 percent’’, ‘‘(ii) for any item of property described in list published by the Environmental Protec- (2) in subsection (b)— subparagraph (D) or (E) of such subsection, tion Agency for certified wood stoves, (A) in paragraph (1)— $400, and hydronic heaters, or forced-air furnaces) of (i) by striking ‘‘$500’’ and inserting ‘‘(B) in the case of any qualified natural at least— ‘‘$1,200’’, and gas, propane, or oil furnace or hot water ‘‘(i) in the case of any stove placed in serv- (ii) by striking ‘‘December 31, 2005’’ and in- boiler (as defined in subsection (d)(4)), an ice before January 1, 2022, 73 percent, and serting ‘‘December 31, 2020’’, and amount equal to— ‘‘(ii) in the case of any stove placed in serv- (B) by striking paragraphs (2) and (3) and ‘‘(i) $600 for a hot water boiler, and ice after December 31, 2021, 75 percent.’’, inserting the following: ‘‘(ii) in the case of a furnace, an amount (C) in paragraph (4), by striking ‘‘not less ‘‘(2) LIMITATION ON INSULATION MATERIAL OR equal to the sum of— than 95’’ and inserting the following: ‘‘not SYSTEM.—In the case of amounts paid or in- ‘‘(I) $300, plus less than— curred for components described in sub- ‘‘(II) if the taxpayer is converting from a ‘‘(A) in the case of a furnace, 97 percent, section (c)(3)(A) by any taxpayer for any tax- non-condensing furnace to a condensing fur- and able year, the credit allowed under this sec- nace, $300.’’, ‘‘(B) in the case of a hot water boiler, 95 tion with respect to such amounts for such (3) in subsection (c)— percent.’’, year shall not exceed the excess (if any) of (A) in paragraph (2)— (D) by striking paragraph (5), and $600 over the aggregate credits allowed under (i) by striking subparagraphs (A) and (B) (E) by redesignating paragraph (6) as para- this section with respect to such amounts for and inserting the following: graph (5), all prior taxable years ending after Decem- ‘‘(A) applicable Energy Star program re- (5) in subsection (e), by adding the fol- ber 31, 2020. quirements, in the case of an exterior win- lowing new paragraphs at the end: ‘‘(3) LIMITATION ON WINDOWS.— dow, a skylight, or an exterior door, and’’, ‘‘(4) INSTALLATION STANDARDS.—The terms ‘‘(A) IN GENERAL.— (ii) by redesignating subparagraph (C) as ‘energy efficient building envelope compo- ‘‘(i) ENERGY STAR MOST EFFICIENT.—In the subparagraph (B), and nent’ and ‘qualified energy property’ shall case of amounts paid or incurred by any tax- (iii) in subparagraph (B), as so redesig- not include any components or property payer for any taxable year for components nated, by striking ‘‘2009 International’’ and which are not installed according to any ap- described in subsection (c)(3)(B) which meet all that follows through ‘‘Act of 2009’’ and in- plicable Air Conditioning Contractors of the most efficient certification under appli- serting ‘‘2015 IECC (as defined in section America Quality Installation standards cable Energy Star program requirements, 45L(b)(5))’’, which are in effect at the time that such the credit allowed under this section with re- (B) in paragraph (3)— components or property are placed in serv- spect to such amounts for such year shall (i) in subparagraph (B), by adding ‘‘and’’ at ice. not exceed the excess (if any) of $600 over the the end, ‘‘(5) REPLACEMENT OF TERMINATED STAND- aggregate credits allowed under this section (ii) in subparagraph (C), by striking ‘‘, ARDS.—In the case of any standard, require- with respect to such amounts for all prior and’’ and inserting a period, and ment, or criteria applicable to any energy ef- taxable years ending after December 31, 2020. (iii) by striking subparagraph (D), and ficient building envelope component or

VerDate Sep 11 2014 02:57 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.046 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1328 CONGRESSIONAL RECORD — SENATE March 3, 2020 qualified energy property which is termi- the annual level of energy consumption of a the States of Connecticut, Delaware, Maine, nated after the date of enactment of the comparable dwelling unit— Maryland, Massachusetts, New Hampshire, American Energy Innovation Act of 2020, the ‘‘(I) which is constructed in accordance New York, Rhode Island, and Vermont to cap Secretary, in consultation with the Sec- with the standards of chapter 4 of the 2018 and reduce carbon dioxide emissions from retary of Energy, shall identify a similar IECC, and the power sector; and standard, requirement, or criteria for pur- ‘‘(II) which meets the requirements de- (B) the Western Climate Initiative, a re- poses of determining the eligibility of any scribed in subparagraph (A)(i)(II), and gional carbon trading system organized be- such component or property for purposes of ‘‘(ii) to have building envelope component tween the State of California and Quebec, credit allowed under this section.’’, and improvements account for at least 1⁄5 of such Canada. (6) in subsection (g)(2), by striking ‘‘De- 15 percent, (5) STATE.—The term ‘‘State’’ means— cember 31, 2020’’ and inserting ‘‘December 31, ‘‘(2) is a manufactured home which— (A) a State; 2027’’. ‘‘(A) conforms to Federal Manufactured (B) the District of Columbia; (b) EFFECTIVE DATE.—The amendments Home Construction and Safety Standards (C) the Commonwealth of Puerto Rico; made by this section shall apply to property (part 3280 of title 24, Code of Federal Regula- (D) the United States Virgin Islands; placed in service after December 31, 2020. tions), and (E) Guam; ‘‘(B) meets the requirements described in (F) American Samoa; SA 1378. Ms. HASSAN (for herself and subparagraph (A) or (B) of paragraph (1), (G) the Commonwealth of the Northern Ms. COLLINS) submitted an amendment ‘‘(3) meets the requirements established by Mariana Islands; and the Administrator of the Environmental intended to be proposed by her to the (H) the Trust Territory of the Pacific Is- Protection Agency under the Energy Star bill S. 2657, to support innovation in lands. Labeled Homes program, or advanced geothermal research and de- (6) UNIT OF LOCAL GOVERNMENT.—The term ‘‘(4) is a manufactured home which— velopment, and for other purposes; ‘‘unit of local government’’ means— ‘‘(A) conforms to the standards described (A) a city, town, borough, county, parish, which was ordered to lie on the table; in paragraph (2)(A), and as follows: ‘‘(B) meets the requirements described in district, association, or other public body At the end, add the following: paragraph (3).’’; and created by or pursuant to State law; (B) an Indian tribe (as defined in section 4 TITLE IV—AMENDMENTS TO THE (4) in subsection (g), by striking ‘‘Decem- of the Indian Self-Determination and Edu- INTERNAL REVENUE CODE OF 1986 ber 31, 2020’’ and inserting ‘‘December 31, cation Assistance Act (25 U.S.C. 5304)); and SEC. 4001. UPDATING NEW ENERGY EFFICIENT 2022’’. (b) EFFECTIVE DATE.—The amendments (C) a tribal organization (as defined in sec- HOME CREDIT. tion 4 of the Indian Self-Determination and (a) IN GENERAL.—Section 45L of the Inter- made by this section shall apply to qualified Education Assistance Act (25 U.S.C. 5304)). nal Revenue Code of 1986 is amended— new energy efficient homes acquired after (1) in subsection (a)(2)— December 31, 2020. (b) OFFICE OF REGIONAL GREENHOUSE GAS (A) in subparagraph (A), by striking REDUCTION PROGRAMS.— ‘‘$2,000’’ and inserting ‘‘$2,500’’; and SA 1379. Ms. HASSAN (for herself and (1) ESTABLISHMENT.—Not later than 1 year (B) in subparagraph (B), by inserting ‘‘or Ms. COLLINS) submitted an amendment after the date of enactment of this Act, there (4)’’ after ‘‘paragraph (3)’’; intended to be proposed by her to the shall be established within the Environ- (2) in subsection (b)— bill S. 2657, to support innovation in mental Protection Agency an office, to be (A) in paragraph (2)(B), by striking ‘‘this advanced geothermal research and de- known as the ‘‘Office of Regional Greenhouse section’’ and inserting ‘‘the American En- velopment, and for other purposes; Gas Reduction Programs’’. ergy Innovation Act of 2020’’; and which was ordered to lie on the table; (2) PURPOSE.—The purpose of the Office (B) by adding at the end the following: as follows: shall be— ‘‘(5) 2018 IECC.— (A) to support, and assist in the expansion At the appropriate place in title I, insert ‘‘(A) IN GENERAL.—The term ‘2018 IECC’ of, existing regional greenhouse gas reduc- the following: means the 2018 International Energy Con- tion programs; and servation Code, as such Code (including sup- SEC. ll. LOAN GUARANTEES FOR BATTERY (B) to facilitate the establishment of new STORAGE TECHNOLOGIES. plements) is in effect on the date of the en- regional greenhouse gas reduction programs. Section 1703(b) of the Energy Policy Act of actment of the American Energy Innovation (3) DIRECTOR.—The Office shall be headed 2005 (42 U.S.C. 16513(b)) is amended by adding Act of 2020. by a Director, who shall be appointed by the ‘‘(B) SPECIAL RULE.—For purposes of sub- at the end the following: ‘‘(11) Battery storage technologies for resi- Administrator— section (c)(1)(B)(i)(I), in determining whether (A) without regard to political affiliation; a dwelling unit has been constructed in ac- dential, industrial, or transportation appli- cations.’’. and cordance with the standards of chapter 4 of (B) solely on the basis of fitness to perform the 2018 IECC by achieving a level of energy the duties of the Director described in para- efficiency which meets Section R406.4 SA 1380. Ms. HASSAN (for herself and graph (4). (N1106.4) of such Code, such determination Ms. COLLINS) submitted an amendment (4) DUTIES OF DIRECTOR.—The Director of shall be made without accounting for on-site intended to be proposed by her to the the Office shall— energy generation.’’; bill S. 2657, to support innovation in (A) on request by a State or other relevant (3) by striking subsection (c) and inserting advanced geothermal research and de- entity, provide access to Federal data rel- the following: velopment, and for other purposes; ‘‘(c) ENERGY SAVING REQUIREMENTS.—A evant to regional greenhouse gas reduction dwelling unit meets the energy saving re- which was ordered to lie on the table; programs; quirements of this subsection if such unit— as follows: (B)(i) assist States and other relevant enti- ‘‘(1)(A) is certified— At the appropriate place, insert the fol- ties with analysis and modeling of technical, ‘‘(i) to have a level of annual heating and lowing: economic, and public policy issues relating cooling energy consumption which is at least SEC. lll. REGIONAL GREENHOUSE GAS REDUC- to regional greenhouse gas reduction pro- 60 percent below the annual level of heating TION. grams; and and cooling energy consumption of a com- (a) DEFINITIONS.—In this section: (ii) provide any other relevant technical parable dwelling unit— (1) ADMINISTRATOR.—The term ‘‘Adminis- support, on request; ‘‘(I) which is constructed in accordance trator’’ means the Administrator of the En- (C) develop and share best practices based with the standards of chapter 4 of the 2006 vironmental Protection Agency. on existing regional greenhouse gas reduc- International Energy Conservation Code, as (2) GREENHOUSE GAS.—The term ‘‘green- tion programs; such Code (including supplements) is in ef- house gas’’ means carbon dioxide, methane, (D) track and report on greenhouse gas fect on January 1, 2006, and nitrous oxide, hydrofluorocarbon, emissions in States participating in regional ‘‘(II) for which the heating and cooling perfluorocarbon, and sulfur hexafluoride. greenhouse gas reduction programs using equipment efficiencies correspond to the (3) OFFICE.—The term ‘‘Office’’ means the data collected by the Environmental Protec- minimum allowed under the regulations es- Office of Regional Greenhouse Gas Reduction tion Agency; tablished by the Department of Energy pur- Programs established under subsection (E) designate a representative in the Of- suant to the National Appliance Energy Con- (b)(1). fice— servation Act of 1987 and in effect at the (4) REGIONAL GREENHOUSE GAS REDUCTION (i) to act as a liaison to regional green- time of completion of construction, and PROGRAM.—The term ‘‘regional greenhouse house gas reduction programs; and ‘‘(ii) to have building envelope component gas reduction program’’ means a program (ii) to communicate with States and other improvements account for at least 1⁄5 of such that uses market-based tools to reduce entities seeking to establish regional green- 60 percent, or greenhouse gases across States at the re- house gas reduction programs; ‘‘(B) is certified— gional level, such as— (F) facilitate communication among Fed- ‘‘(i) to have a level of annual energy con- (A) the Regional Greenhouse Gas Initiative eral and State agencies, agencies of units of sumption which is at least 15 percent below organized among, as of November 14, 2019, local government, and stakeholders to share

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lessons learned about greenhouse gas moni- (iv) the Department of the Interior. ‘‘(2) PUBLIC AVAILABILITY.—The report sub- toring and control programs, through meth- (3) REPORT.—Not later than 1 year after mitted under paragraph (1) shall be made ods such as workshops, conferences, the date on which the task force is estab- available to the public through electronic websites, and newsletters; lished under paragraph (1), the task force means, including the internet.’’. (G) administer the grant program estab- shall submit to Congress a report that de- (b) CLERICAL AMENDMENT.—The table of lished under subsection (c); scribes a plan— contents for the Energy Policy Act of 2005 (H) coordinate with the interagency task (A) to support existing regional greenhouse (Public Law 109–58; 119 Stat. 604) is amended force established under subsection (d); and gas reduction programs; by adding at the end the following: (I) carry out any other activity relevant to (B) to support States and other entities ‘‘Sec. 1841. Net metering study and evalua- the function of the Office. seeking to develop regional greenhouse gas tion.’’. (5) REPORT.—The Administrator, acting reduction programs; and through the Director of the Office, shall sub- (C) that addresses Federal data gaps with SA 1382. Mr. DURBIN (for himself mit a biannual report to Congress that de- respect to regional greenhouse gas reduction and Mr. ALEXANDER) submitted an scribes and summarizes the efforts made and programs. technical assistance provided by the Office amendment intended to be proposed by to help States improve the health and envi- SA 1381. Ms. HASSAN submitted an him to the bill S. 2657, to support inno- ronment of communities in those States. amendment intended to be proposed by vation in advanced geothermal re- (6) ACCESS TO INFORMATION.—On request of her to the bill S. 2657, to support inno- search and development, and for other the Director, the head of each Federal agen- vation in advanced geothermal re- purposes; which was ordered to lie on cy shall provide the Director any informa- the table; as follows: tion and data necessary for any analyses or search and development, and for other reports required as part of the function of purposes; which was ordered to lie on At the appropriate place, insert the fol- the Office. the table; as follows: lowing: SEC. ll. OFFICE OF SCIENCE. (7) NO ADDITIONAL REPORTING REQUIRE- At the appropriate place in title I, insert Section 209 of the Department of Energy MENTS.—Nothing in this subsection author- the following: izes the Administrator or the Director of the Organization Act (42 U.S.C. 7139) is amended SEC. 1ll. NET METERING STUDY AND EVALUA- by adding at the end the following: Office to impose an additional reporting re- TION. quirement on a State participating in a re- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— (a) IN GENERAL.—Title XVIII of the Energy gional greenhouse gas reduction program. There is authorized to be appropriated to the Policy Act of 2005 (Public Law 109–58; 119 (c) REGIONAL GREENHOUSE GAS REDUCTION Secretary to carry out the functions of the Stat. 1122) is amended by adding at the end PROGRAM STARTUP GRANTS.— Office of Science— the following: (1) DEFINITION OF ELIGIBLE ENTITY.—In this ‘‘(1) for fiscal year 2021, $7,500,000,000; subsection, the term ‘‘eligible entity’’ ‘‘SEC. 1841. NET METERING STUDY AND EVALUA- ‘‘(2) for fiscal year 2022, $8,000,000,000; means— TION. ‘‘(3) for fiscal year 2023, $8,600,000,000; (A) a State; ‘‘(a) IN GENERAL.—Not later than 180 days ‘‘(4) for fiscal year 2024, $9,200,000,000; and (B) a unit of local government; and after the date of enactment of this section, ‘‘(5) for fiscal year 2025, $9,800,000,000.’’. (C) a regional consortium that is a partner- the Secretary shall seek to enter into an ship between or among 1 or more entities de- agreement with the National Academies of SA 1383. Mr. CARPER (for himself, Sciences, Engineering, and Medicine (re- scribed in subparagraphs (A) and (B). Mr. INHOFE, Mr. BARRASSO, Mr. WHITE- ferred to in this section as the ‘National (2) ESTABLISHMENT.—Not later than 1 year HOUSE, Mr. SULLIVAN, Mr. BOOKER, Mrs. after the date of enactment of this Act, the Academies’) under which the National Acad- Director of the Office shall establish a pro- emies shall— CAPITO, Mrs. GILLIBRAND, Mr. CRAMER, gram within the Office to provide grants to ‘‘(1) study the opportunities and challenges Mr. VAN HOLLEN, and Mr. BLUMENTHAL) eligible entities, on a competitive basis, to associated with net metering; and submitted an amendment intended to take active preliminary steps (including in- ‘‘(2) evaluate the expected medium- and be proposed by him to the bill S. 2657, formation-gathering) towards developing or long-term impacts of net metering. to support innovation in advanced geo- participating in a regional greenhouse gas ‘‘(b) ELEMENTS.—The study and evaluation thermal research and development, and reduction program. conducted pursuant to the agreement en- for other purposes; which was ordered tered into under subsection (a) shall ad- (3) APPLICATION.—An eligible entity shall to lie on the table; as follows: submit to the Director of the Office an appli- dress— cation to receive a grant under paragraph (2) ‘‘(1) developments in net metering, includ- At the appropriate place, insert the fol- at such time, in such manner, and con- ing the emergence of new technologies; lowing: taining such information as the Director of ‘‘(2) alternatives to existing metering sys- SEC. lll. DIESEL EMISSIONS REDUCTION. the Office may require. tems that— (a) REAUTHORIZATION OF DIESEL EMISSIONS (4) MINIMUM GRANT AMOUNT.—A grant ‘‘(A) provide for transactions that— REDUCTION PROGRAM.—Section 797(a) of the awarded under paragraph (2) shall be in an ‘‘(i) measure electric energy consumption Energy Policy Act of 2005 (42 U.S.C. 16137(a)) amount that is not less than $250,000. by an electric consumer at the home or facil- is amended by striking ‘‘2016’’ and inserting (5) AUTHORIZATION OF APPROPRIATIONS.— ity of that electric consumer; and ‘‘2024’’. There are authorized to be appropriated to ‘‘(ii) are capable of sending electric energy (b) RECOGNIZING DIFFERENCES IN DIESEL the Director of the Office such amounts as usage information through a communica- VEHICLE, ENGINE, EQUIPMENT, AND FLEET are necessary to carry out this subsection, to tions network to an electric utility; USE.— remain available until expended. ‘‘(B) promote equitable distribution of re- (1) NATIONAL GRANT, REBATE, AND LOAN PRO- (d) INTERAGENCY TASK FORCE.— sources and costs; and GRAMS.—Section 792(c)(4)(D) of the Energy (1) ESTABLISHMENT.—The Administrator ‘‘(C) provide incentives for the use of dis- Policy Act of 2005 (42 U.S.C. 16132(c)(4)(D)) is shall establish an interagency task force (re- tributed renewable generation; amended by inserting ‘‘, recognizing dif- ferred to in this subsection as the ‘‘task ‘‘(3) net metering planning and operating ferences in typical vehicle, engine, equip- force’’)— techniques; ment, and fleet use throughout the United (A) to determine how best to support exist- ‘‘(4) effective architecture for net meter- States’’ before the semicolon. ing regional greenhouse gas reduction pro- ing; (2) STATE GRANT, REBATE, AND LOAN PRO- grams; ‘‘(5) successful net metering business mod- GRAMS.—Section 793(b)(1) of the Energy Pol- (B) to consult with States to determine els; icy Act of 2005 (42 U.S.C. 16133(b)(1)) is how best to support States and other entities ‘‘(6) consumer and industry incentives for amended— that seek to develop regional greenhouse gas net metering; (A) in subparagraph (B), by striking ‘‘; reduction programs or expand existing re- ‘‘(7) the role of renewable resources in the and’’ and inserting a semicolon; and gional greenhouse gas reduction programs; electric grid; (B) by adding at the end the following: and ‘‘(8) the role of net metering in developing ‘‘(D) the recognition, for purposes of imple- (C) to analyze existing gaps in Federal data future models for renewable infrastructure; menting this section, of differences in typ- that are relevant to the formation or anal- and ical vehicle, engine, equipment, and fleet use ysis of regional greenhouse gas reduction ‘‘(9) the use of battery storage with net throughout the United States, including ex- programs. metering. pected useful life; and’’. (2) MEMBERS.—The task force shall— ‘‘(c) REPORT.— (c) REALLOCATION OF UNUSED STATE (A) be headed by a representative from the ‘‘(1) IN GENERAL.—The agreement entered FUNDS.—Section 793(c)(2)(C) of the Energy Office; and into under subsection (a) shall require the Policy Act of 2005 (42 U.S.C. 16133(c)(2)(C)) is (B) include representatives from— National Academies to submit to the Sec- amended beginning in the matter preceding (i) the Department of Energy; retary, not later than 2 years after entering clause (i) by striking ‘‘to each remaining’’ (ii) the Department of Agriculture; into the agreement, a report that describes and all that follows through ‘‘this para- (iii) the Department of Transportation; the results of the study and evaluation con- graph’’ in clause (ii) and inserting ‘‘to carry and ducted pursuant to the agreement. out section 792’’.

VerDate Sep 11 2014 02:57 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.053 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1330 CONGRESSIONAL RECORD — SENATE March 3, 2020 SA 1384. Mrs. SHAHEEN submitted (5)(A) a 2012 joint report by the Depart- 1978 (16 U.S.C. 2602) is amended by adding at an amendment intended to be proposed ment of Energy and the Environmental Pro- the end the following: by her to the bill S. 2657, to support in- tection Agency estimated that by achieving ‘‘(22) COMBINED HEAT AND POWER TECH- novation in advanced geothermal re- the national goal outlined in Executive NOLOGY.—The term ‘combined heat and Order 13624 (77 Fed. Reg. 54779) (September 5, power technology’ means the generation of search and development, and for other 2012) of deploying 40 gigawatts of new com- electric energy and heat in a single, inte- purposes; which was ordered to lie on bined heat and power technology by 2020, the grated system that meets the efficiency cri- the table; as follows: United States would increase the total com- teria in clauses (ii) and (iii) of section On page 130, strike line 1 and insert the fol- bined heat and power capacity of the United 48(c)(3)(A) of the Internal Revenue Code of lowing: States by 50 percent in less than a decade; 1986, under which heat that is conventionally (g) TIMING FOR DISTRIBUTION OF FINANCIAL and rejected is recovered and used to meet ther- ASSISTANCE.—Section 417(d) of the Energy (B) additional efficiency would— mal energy requirements. Conservation and Production Act (42 U.S.C. (i) save 1,000,000,000,000,000 BTUs of energy; ‘‘(23) QUALIFIED WASTE HEAT RESOURCE.— 6867(d)) is amended— and ‘‘(A) IN GENERAL.—The term ‘qualified (1) by striking ‘‘(d) Payments’’ and insert- (ii) reduce emissions by 150,000,000 metric waste heat resource’ means— ing the following: tons of carbon dioxide annually, a quantity ‘‘(i) exhaust heat or flared gas from any in- ‘‘(d) METHOD AND TIMING OF PAYMENTS.— equivalent to the emissions from more than dustrial process; ‘‘(1) IN GENERAL.—Subject to paragraph (2), 25,000,000 cars; ‘‘(ii) waste gas or industrial tail gas that any payments’’; and (6) a 2012 report by the Environmental Pro- would otherwise be flared, incinerated, or (2) by adding at the end the following: tection Agency estimated the amount of vented; ‘‘(2) TIMING.—Notwithstanding any other waste heat available at a temperature high ‘‘(iii) a pressure drop in any gas for an in- provision of law (including regulations), not enough for power generation from industrial dustrial or commercial process; or later than 60 days after the date on which and nonindustrial applications represents an ‘‘(iv) any other form of waste heat resource funds have been made available to provide additional 10 gigawatts of electric gener- as the Secretary may determine. assistance under this part, the Secretary ating capacity on a national basis; ‘‘(B) EXCLUSION.—The term ‘qualified shall distribute to the applicable recipient (7) distributed energy generation, includ- waste heat resource’ does not include a heat the full amount of assistance to be provided ing through combined heat and power tech- resource from a process the primary purpose to the recipient under this part for the fiscal nology and waste heat to power technology, of which is the generation of electricity year.’’. has ancillary benefits, such as— using a fossil fuel. (h) ANNUAL REPORT.—Section 421 of the En- (A) removing load from the electricity dis- ‘‘(24) WASTE HEAT TO POWER TECHNOLOGY.— ergy tribution grid; and The term ‘waste heat to power technology’ On page 130, line 9, strike ‘‘(h)’’ and insert (B) improving the overall reliability of the means a system that generates electricity ‘‘(i)’’. electricity distribution system; and through the recovery of a qualified waste On page 130, line 16, strike ‘‘(i)’’ and insert (8)(A) a number of regulatory barriers im- heat resource.’’. ‘‘(j)’’. pede broad deployment of combined heat and (c) UPDATED INTERCONNECTION PROCEDURES At the end of subtitle H of title I, add the power technology and waste heat to power following: AND TARIFF SCHEDULE.— technology; and (1) ADOPTION OF STANDARDS.—Section 111(d) SEC. 18ll. TIMING FOR DISTRIBUTION OF FI- (B) a 2008 study by Oak Ridge National of the Public Utility Regulatory Policies Act NANCIAL ASSISTANCE UNDER THE Laboratory identified interconnection STATE ENERGY PROGRAM. of 1978 (16 U.S.C. 2621(d)) is amended by add- issues, regulated fees and tariffs, and envi- Section 363 of the Energy Policy and Con- ing at the end the following: ronmental permitting as areas that could be servation Act (42 U.S.C. 6323) is amended by ‘‘(20) UPDATED INTERCONNECTION PROCE- streamlined with respect to the provision of adding at the end the following: DURES AND TARIFF SCHEDULE.— combined heat and power technology and ‘‘(g) TIMING FOR DISTRIBUTION OF FINANCIAL ‘‘(A) IN GENERAL.—Not later than 1 year waste heat to power technology. ASSISTANCE.—Notwithstanding any other after the date of enactment of this para- provision of law (including regulations), not (b) DEFINITIONS.— graph, the Secretary, in consultation with later than 60 days after the date on which (1) IN GENERAL.—In this section: the Commission and other appropriate agen- funds have been made available to provide fi- (A) COMBINED HEAT AND POWER TECH- cies, shall establish, for generation with nancial assistance under this section, the NOLOGY.—The term ‘‘combined heat and nameplate capacity up to 20 megawatts Secretary shall distribute to the applicable power technology’’ means the generation of using all fuels— State the full amount of assistance to be electric energy and heat in a single, inte- ‘‘(i) guidance for technical interconnection provided to the State under this section for grated system that meets the efficiency cri- standards that ensure interoperability with the fiscal year.’’. teria in clauses (ii) and (iii) of section existing Federal interconnection rules; 48(c)(3)(A) of the Internal Revenue Code of ‘‘(ii) model interconnection procedures, in- SA 1385. Mrs. SHAHEEN submitted 1986, under which heat that is conventionally cluding appropriate fast track procedures; an amendment intended to be proposed rejected is recovered and used to meet ther- and by her to the bill S. 2657, to support in- mal energy requirements. ‘‘(iii) model rules for determining and as- novation in advanced geothermal re- (B) OUTPUT-BASED EMISSION STANDARD.— signing interconnection costs. The term ‘‘output-based emission standard’’ ‘‘(B) STANDARDS.—The standards estab- search and development, and for other means a standard that relates emissions to lished under subparagraph (A) shall, to the purposes; which was ordered to lie on the electrical, thermal, or mechanical pro- maximum extent practicable, reflect current the table; as follows: ductive output of a device or process rather best practices (as demonstrated in model At the appropriate place in title I, insert than the heat input of fuel burned or pollut- codes and rules adopted by States) to encour- the following: ant concentration in the exhaust. age the use of distributed generation (such SEC. 1ll. HEAT EFFICIENCY THROUGH APPLIED (C) QUALIFIED WASTE HEAT RESOURCE.— as combined heat and power technology and TECHNOLOGY. (i) IN GENERAL.—The term ‘‘qualified waste waste heat to power technology) while ensur- (a) FINDINGS.—Congress finds that— heat resource’’ means— ing the safety and reliability of the inter- (1) combined heat and power technology, (I) exhaust heat or flared gas from any in- connected units and the distribution and also known as cogeneration, is a technology dustrial or commercial process; transmission networks to which the units that efficiently produces electricity and (II) waste gas or industrial tail gas that connect. thermal energy at the point of use of the would otherwise be flared, incinerated, or ‘‘(C) VARIATIONS.—In establishing the technology; vented; model standards under subparagraph (A), the (2) by combining the provision of both elec- (III) a pressure drop in any gas for an in- Secretary shall consider the appropriateness tricity and thermal energy in a single step, dustrial or commercial process; or of using standards or procedures that vary combined heat and power technology makes (IV) any other form of waste heat resource based on unit size, fuel type, or other rel- significantly more efficient use of fuel com- as the Secretary may determine. evant characteristics.’’. pared to separate generation of heat and (ii) EXCLUSION.—The term ‘‘qualified waste (2) COMPLIANCE.— power, which has significant economic and heat resource’’ does not include a heat re- (A) TIME LIMITATIONS.—Section 112(b) of environmental advantages; source from a process the primary purpose of the Public Utility Regulatory Policies Act of (3) waste heat to power is a technology which is the generation of electricity using a 1978 (16 U.S.C. 2622(b)) is amended by adding that captures heat discarded by an existing fossil fuel. at the end the following: industrial process and uses that heat to gen- (D) WASTE HEAT TO POWER TECHNOLOGY.— ‘‘(7)(A) Not later than 90 days after the erate power with no additional fuel and no The term ‘‘waste heat to power technology’’ date on which the Secretary completes the incremental emissions, reducing the need for means a system that generates electricity standards required under section 111(d)(20), electricity from other sources and the grid, through the recovery of a qualified waste each State regulatory authority (with re- and any associated emissions; heat resource. spect to each electric utility for which the (4) waste heat or waste heat to power is (2) PURPA DEFINITIONS.—Section 3 of the authority has ratemaking authority) shall considered renewable energy in 17 States; Public Utility Regulatory Policies Act of commence the consideration referred to in

VerDate Sep 11 2014 02:57 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.053 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1331 that section, or set a hearing date for such ‘‘(ii) the appropriate duration, magnitude, the end the following: ‘‘In the case of each consideration, with respect to each standard. or usage of demand charge ratchets; standard established under paragraph (21) of ‘‘(B) Not later than 2 years after the date ‘‘(iii) the benefits to the utility and rate- section 111(d), the reference contained in this on which the Secretary completes the stand- payers, such as increased reliability, fuel di- subsection to the date of enactment of this ards required under section 111(d)(20), each versification, enhanced power quality, and Act shall be deemed to be a reference to the State regulatory authority (with respect to reduced electric losses from the use of com- date of enactment of that paragraph.’’. each electric utility for which the authority bined heat and power technology and waste (e) UPDATING OUTPUT-BASED EMISSIONS has ratemaking authority) shall— heat to power technology by a qualifying fa- STANDARDS.— ‘‘(i) complete the consideration under sub- cility; and (1) ESTABLISHMENT.—The Administrator of paragraph (A); ‘‘(iv) alternative arrangements to the pur- the Environmental Protection Agency (re- ‘‘(ii) make the determination referred to in chase of supplementary, backup, or standby ferred to in this subsection as the ‘‘Adminis- section 111 with respect to each standard es- power by the owner of combined heat and trator’’) shall establish a program under tablished under section 111(d)(20); and power technology and waste heat to power which the Administrator shall provide to ‘‘(iii) submit to the Secretary and the technology generating units if the alter- each State (as defined in section 302 of the Commission a report detailing the updated native arrangements— Clean Air Act (42 U.S.C. 7602)) that elects to plans of the State regulatory authority for ‘‘(I) do not compromise system reliability; participate and that submits an application interconnection procedures and tariff sched- and under paragraph (2) a grant for use by the ules that reflect best practices to encourage ‘‘(II) are nondiscretionary and nonpref- State in accordance with paragraph (3). the use of distributed generation.’’. erential.’’. (2) APPLICATION.—To be eligible to receive (B) FAILURE TO COMPLY.—Section 112(c) of (2) COMPLIANCE.— a grant under this subsection, a State shall the Public Utility Regulatory Policies Act of (A) TIME LIMITATIONS.—Section 112(b) of submit to the Administrator an application 1978 (16 U.S.C. 2622(c)) is amended by adding the Public Utility Regulatory Policies Act of at such time, in such manner, and con- at the end the following: ‘‘In the case of each 1978 (16 U.S.C. 2622(b)) (as amended by sub- taining such information as the Adminis- standard established under paragraph (20) of section (c)(2)(A)) is amended by adding at the trator may require. section 111(d), the reference contained in this end the following: (3) USE OF FUNDS.— subsection to the date of enactment of this ‘‘(8)(A) Not later than 90 days after the (A) IN GENERAL.—A State shall use a grant Act shall be deemed to be a reference to the date on which the Secretary completes the provided under this subsection— date of enactment of that paragraph.’’. standards required under section 111(d)(21), (i) to update any applicable State or local (C) PRIOR STATE ACTIONS.— each State regulatory authority (with re- air permitting regulations under the Clean (i) IN GENERAL.—Section 112 of the Public spect to each electric utility for which the Air Act (42 U.S.C. 7401 et seq.) to incorporate Utility Regulatory Policies Act of 1978 (16 authority has ratemaking authority) shall environmental regulations relating to out- U.S.C. 2622) is amended by adding at the end commence the consideration referred to in put-based emissions standards in accordance the following: that section, or set a hearing date for such with relevant guidelines developed by the ‘‘(g) PRIOR STATE ACTIONS.—Subsections consideration, with respect to each standard. Administrator under subparagraph (B); or (b) and (c) shall not apply to a standard es- ‘‘(B) Not later than 2 years after the date (ii) if the State has already updated all ap- tablished under paragraph (20) of section on which the Secretary completes the stand- plicable State and local permitting regula- 111(d) in the case of any electric utility in a ards required under section 111(d)(21), each tions to incorporate those output-based State if, before the date of enactment of this State regulatory authority (with respect to emissions standards, to expedite the proc- subsection— each electric utility for which the authority essing of relevant power generation permit ‘‘(1) the State has implemented for the has ratemaking authority) shall— applications under the Public Utility Regu- electric utility the standard (or a com- ‘‘(i) complete the consideration under sub- latory Policies Act of 1978 (16 U.S.C. 2601 et parable standard); paragraph (A); seq.). ‘‘(2) the State regulatory authority for the ‘‘(ii) make the determination referred to in (B) GUIDELINES.—As soon as practicable State has conducted a proceeding after De- section 111 with respect to each standard es- after the date of enactment of this Act, the cember 31, 2016, to consider implementation tablished under section 111(d)(21); and Administrator shall publish guidelines for of the standard (or a comparable standard) ‘‘(iii) submit to the Secretary and the updating State and local permitting regula- for the electric utility; or Commission a report detailing the updated tions under the Clean Air Act (42 U.S.C. 7401 ‘‘(3) the State legislature has voted on the plans of the State regulatory authority for et seq.) that— implementation of the standard (or a com- supplemental, backup, and standby power (i) provide credit, in the calculation of the parable standard) for the electric utility.’’. fees that reflect best practices to encourage emission rate of the facility, for any thermal (ii) CROSS-REFERENCE.—Section 124 of the the use of distributed generation.’’. energy produced by combined heat and power Public Utility Regulatory Policies Act of (B) FAILURE TO COMPLY.—Section 112(c) of technology or waste heat to power tech- 1978 (16 U.S.C. 2634) is amended by adding at the Public Utility Regulatory Policies Act of nology; and the end the following: ‘‘In the case of each 1978 (16 U.S.C. 2622(c)) (as amended by sub- (ii) apply only to generation units that standard established under paragraph (20) of section (c)(2)(B)) is amended by adding at the produce 5 megawatts of electrical energy or section 111(d), the reference contained in this end the following: ‘‘In the case of each stand- less. subsection to the date of enactment of this ard established under paragraph (21) of sec- (4) MAXIMUM AMOUNT.—The amount of a Act shall be deemed to be a reference to the tion 111(d), the reference contained in this grant provided under this subsection shall date of enactment of that paragraph.’’. subsection to the date of enactment of this not exceed $100,000. (d) SUPPLEMENTAL, BACKUP, AND STANDBY Act shall be deemed to be a reference to the (5) AUTHORIZATION OF APPROPRIATIONS.— POWER FEES OR RATES.— date of enactment of that paragraph.’’. There is authorized to be appropriated to the (1) ADOPTION OF STANDARDS.—Section 111(d) (C) PRIOR STATE ACTIONS.— Administrator to carry out this subsection of the Public Utility Regulatory Policies Act (i) IN GENERAL.—Section 112 of the Public $5,000,000. of 1978 (16 U.S.C. 2621(d)) (as amended by sub- Utility Regulatory Policies Act of 1978 (16 section (c)(1)) is amended by adding at the U.S.C. 2622) (as amended by subsection Mrs. SHAHEEN submitted end the following: (c)(2)(C)(i)) is amended by adding at the end SA 1386. ‘‘(21) SUPPLEMENTAL, BACKUP, AND STANDBY the following: an amendment intended to be proposed POWER FEES OR RATES.— ‘‘(h) PRIOR STATE ACTIONS.—Subsections by her to the bill S. 2657, to support in- ‘‘(A) IN GENERAL.—Not later than 1 year (b) and (c) shall not apply to a standard es- novation in advanced geothermal re- after the date of enactment of this para- tablished under paragraph (21) of section search and development, and for other graph, the Secretary, in consultation with 111(d) in the case of any electric utility in a purposes; which was ordered to lie on the Commission and other appropriate agen- State if, before the date of enactment of this the table; as follows: cies, shall establish model rules and proce- subsection— dures for determining fees or rates for sup- ‘‘(1) the State has implemented for the At the end of title II, add the following: plementary power, backup or standby power, electric utility the standard (or a com- Subtitle D—Miscellaneous maintenance power, and interruptible power parable standard); SEC. 24ll. FEDERAL ENERGY REGULATORY supplied to facilities that operate combined ‘‘(2) the State regulatory authority for the COMMISSION PERMITTING AND RE- heat and power technology and waste heat to State has conducted a proceeding after De- VIEW. power technology that appropriately allow cember 31, 2016, to consider implementation (a) FINDINGS.—The Senate finds that— for adequate cost recovery by an electric of the standard (or a comparable standard) (1) the Federal Government plays a central utility but are not excessive. for the electric utility; or role in the review and approval of projects to ‘‘(B) FACTORS.—In establishing model rules ‘‘(3) the State legislature has voted on the maintain and build the energy infrastructure and procedures for determining fees or rates implementation of the standard (or a com- of the United States, including— described in subparagraph (A), the Secretary parable standard) for the electric utility.’’. (A) interstate gas pipelines; shall consider— (ii) CROSS-REFERENCE.—Section 124 of the (B) projects that cross Federal land; and ‘‘(i) the best practices that are used to Public Utility Regulatory Policies Act of (C) projects that impact wildlife, cultural model outage assumptions and contingencies 1978 (16 U.S.C. 2634) (as amended by sub- or historic resources, or waters of the United to determine the fees or rates; section (c)(2)(C)(ii)) is amended by adding at States;

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.054 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1332 CONGRESSIONAL RECORD — SENATE March 3, 2020 (2) the Federal Energy Regulatory Com- small commercial customer that receives ‘‘(4) employ means, such as public dissemi- mission— products or services from— nation of information, consultative services, (A) has jurisdiction under section 7 of the ‘‘(A) a public utility or natural gas com- and technical assistance, to ensure, to the Natural Gas Act (15 U.S.C. 717f) to regulate pany under the jurisdiction of the Commis- maximum extent practicable, that the inter- interstate natural gas pipelines, including sion; or ests of energy customers are adequately rep- siting of the interstate natural gas pipelines; ‘‘(B) an electric cooperative. resented in the course of any hearing or pro- and ‘‘(4) NATURAL GAS COMPANY.—The term ceeding described in paragraph (1); (B) is required under section 15 of the Nat- ‘natural gas company’ has the meaning given ‘‘(5) collect data concerning rates or serv- ural Gas Act (15 U.S.C. 717n), as a lead agen- the term ‘natural-gas company’ in section 2 ice of public utilities and natural gas compa- cy, to coordinate with other Federal agen- of the Natural Gas Act (15 U.S.C. 717a), as nies under the jurisdiction of the Commis- cies in the environmental review and proc- modified by section 601(a)(1)(C) of the Nat- sion; essing of each Federal authorization relating ural Gas Policy Act of 1978 (15 U.S.C. ‘‘(6) prepare and issue reports and rec- to natural gas infrastructure; 3431(a)(1)(C)). ommendations; and (3) a report of the Government Account- ‘‘(5) OFFICE.—The term ‘Office’ means the ‘‘(7) take such other actions as the Direc- ability Office entitled ‘‘Pipeline Permitting: Office of Public Participation and Consumer tor determines to be necessary to ensure just Interstate and Intrastate Natural Gas Per- Advocacy established by subsection (b). and reasonable rates for energy customers. mitting Processes Include Multiple Steps, ‘‘(b) ESTABLISHMENT.—There is established ‘‘(e) INFORMATION FROM FEDERAL DEPART- and Time Frames Vary’’, and dated February within the Commission an office, to be MENTS AND AGENCIES.— known as the ‘Office of Public Participation 2013, reported that— ‘‘(1) IN GENERAL.—The Director may secure (A) public interest groups and State offi- and Consumer Advocacy’. directly from a Federal department or agen- ‘‘(c) DIRECTOR.— cials that were interviewed believed that cy such information as the Director con- ‘‘(1) IN GENERAL.—The Office shall be head- members of the public need more oppor- siders to be necessary to carry out this sec- ed by a Director, to be appointed by the Sec- tunity to comment on a proposed pipeline tion. retary of Energy from among individuals project during the permitting process con- ROVISION OF INFORMATION.—On re- who— ‘‘(2) P ducted by the Federal Energy Regulatory quest of the Director under paragraph (1), Commission; and ‘‘(A) are licensed attorneys admitted to the bar of— the head of a Federal department or agency (B) officials from Federal and State agen- ‘‘(i) any State; or shall, to the extent practicable and author- cies and representatives from industry and ‘‘(ii) the District of Columbia; and ized by law, provide the information to the public interest groups reported several man- ‘‘(B) have experience relating to public Office. agement practices that— utility proceedings. ‘‘(f) PUBLIC AND CONSUMER ADVOCACY ADVI- (i) could help overcome challenges; ‘‘(2) DUTIES.—The Director shall coordinate SORY COMMITTEE.— (ii) are associated with an efficient permit- assistance made available to— ‘‘(1) ESTABLISHMENT.—The Director shall ting process and obtaining public input; and ‘‘(A) the public, with respect to authorities establish an advisory committee, to be (iii) include— exercised by the Commission; and known as the ‘Public and Consumer Advo- (I) ensuring effective collaboration among ‘‘(B) individuals and entities intervening or cacy Advisory Committee’— the numerous stakeholders involved in the participating, or proposing to intervene or ‘‘(A) to review rates, services, and disputes; permitting process; and participate, in proceedings before the Com- and (II) increasing opportunities for public mission. ‘‘(B) to make recommendations to the Di- comment; and ‘‘(3) COMPENSATION AND POWERS.— rector. (4) robust engagement by the public and ‘‘(A) COMPENSATION.—The Director shall be ‘‘(2) COMPOSITION.—The Advisory Com- stakeholders is essential for the credibility compensated at a rate equal to the daily mittee shall— of the siting, permitting, and review of Fed- equivalent of the annual rate of basic pay ‘‘(A) be composed of such members as the eral processes by the Federal Energy Regu- prescribed for level IV of the Executive Director determines to be appropriate; but latory Commission. Schedule under section 5315 of title 5, United ‘‘(B) include not fewer than— (b) SENSE OF THE SENATE.—It is the sense ‘‘(i) 2 individuals representing State utility of the Senate that, in accordance with Exec- States Code. ‘‘(B) POWERS.—The Director may— consumer advocates; and utive Order 13604 (5 U.S.C. 601 note; relating ‘‘(ii) 1 individual representing a nongovern- to improving performance of Federal permit- ‘‘(i) employ at the Office— ‘‘(I) not more than 125 full-time profes- mental organization that represents con- ting and review of infrastructure projects), sumers. the Federal Energy Regulatory Commission sional employees at appropriate levels of the ‘‘(3) MEETINGS.—The Advisory Committee should prioritize meaningful public engage- General Schedule; and shall meet at such frequency as is required ment and coordination with State and local ‘‘(II) such additional support personnel as to carry out the duties of the Advisory Com- governments to ensure that the Federal per- the Director determines to be necessary; and mittee. mitting and review processes of the Federal ‘‘(ii) procure for the Office such temporary ‘‘(4) REPORTS.—The Director shall publish Energy Regulatory Commission— and intermittent services as the Director de- the recommendations of the Advisory Com- (1) remain transparent and consistent; and termines to be necessary. mittee on the public internet website estab- (2) ensure the health, safety, and security ‘‘(d) POWERS OF OFFICE.—The Office may— lished for the Office. of the environment and each community af- ‘‘(1) intervene, appear, and participate, in ‘‘(5) DURATION.—Notwithstanding any fected by the Federal permitting and review accordance with this section, in administra- other provision of law, the Advisory Com- processes. tive, regulatory, or judicial proceedings on behalf of energy customers with respect to mittee shall continue in operation during SA 1387. Mrs. SHAHEEN submitted any matter concerning natural gas siting the period for which the Office exists. an amendment intended to be proposed and infrastructure development under the ju- ‘‘(6) APPLICATION OF FACA.—Except as oth- by her to the bill S. 2657, to support in- risdiction of the Commission or the rates, erwise specifically provided, the Advisory Committee shall be subject to the Federal novation in advanced geothermal re- charges, prices, tariffs, or service of public utilities and natural gas companies under Advisory Committee Act (5 U.S.C. App.). search and development, and for other the jurisdiction of the Commission by rep- ‘‘(g) REPORTS AND GUIDANCE.—As the Direc- purposes; which was ordered to lie on resenting the interests of the energy cus- tor determines to be appropriate, the Office the table; as follows: tomers— shall issue to the Commission and entities At the end of title II, add the following: ‘‘(A) on any matter before the Commission subject to regulation by the Commission re- Subtitle D—Federal Energy Regulatory concerning rates or service of such a public ports and guidance— Commission utility or natural gas company; or ‘‘(1) regarding market practices; SEC. 24ll. OFFICE OF PUBLIC PARTICIPATION ‘‘(B) as amicus curiae in— ‘‘(2) proposing improvements in Commis- AND CONSUMER ADVOCACY. ‘‘(i) a review in any United States court of sion monitoring of market practices; and Section 319 of the Federal Power Act (16 a ruling by the Commission in such a mat- ‘‘(3) addressing potential improvements to U.S.C. 825q–1) is amended to read as follows: ter; or industry and Commission practices. ‘‘SEC. 319. OFFICE OF PUBLIC PARTICIPATION ‘‘(ii) a hearing or proceeding in any other ‘‘(h) OUTREACH.—The Office shall promote, AND CONSUMER ADVOCACY. Federal regulatory agency or commission re- through outreach, publications, and, as ap- ‘‘(a) DEFINITIONS.—In this section: lating to such a matter; propriate, direct communication with enti- ‘‘(1) ADVISORY COMMITTEE.—The term ‘Ad- ‘‘(2) support public participation in the ties regulated by the Commission— visory Committee’ means the Public and siting and permitting of natural gas storage ‘‘(1) improved compliance with Commis- Consumer Advocacy Advisory Committee es- and distribution infrastructure under the ju- sion rules and orders; and tablished under subsection (f)(1). risdiction of the Commission; ‘‘(2) public participation in the siting and ‘‘(2) DIRECTOR.—The term ‘Director’ means ‘‘(3) monitor and review energy customer permitting of natural gas storage and dis- the Director of the Office appointed under complaints and grievances on matters con- tribution infrastructure under the jurisdic- subsection (c)(1). cerning rates or service of public utilities tion of the Commission. ‘‘(3) ENERGY CUSTOMER.—The term ‘energy and natural gas companies under the juris- ‘‘(i) COMPENSATION TO ELIGIBLE RECIPIENTS customer’ means a residential customer or a diction of the Commission; FOR INTERVENTION OR PARTICIPATION.—

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‘‘(1) DEFINITION OF ELIGIBLE RECIPIENT.—In (3) ENERGY STORAGE.—The term ‘‘energy ‘‘(1) any potential hazards to energy sys- this subsection, the term ‘eligible recipient’ storage’’ means any technology for the stor- tems and associated interdependent systems; means an individual or entity— age of electric energy that is capable of dis- ‘‘(2) the outcome of any physical security, ‘‘(A) that intervenes or participates in any charge on demand to meet customer or grid cybersecurity, and energy emergency pre- proceeding before the Commission; needs for electric energy. paredness and response activities conducted ‘‘(B) the intervention or participation of (4) ENERGY SYSTEM.— under the exercise; which substantially contributed to the ap- (A) IN GENERAL.—The term ‘‘energy sys- ‘‘(3) options for mitigating the impacts of proval, in whole or in part, of a position ad- tem’’ means all components relating to the energy system disruptions; and vocated by the individual or entity in the production, conversion, delivery, or use of ‘‘(4) the availability and delivery times of proceeding; and energy. material and equipment required to rebuild ‘‘(C) that is— (B) INCLUSIONS.—The term ‘‘energy sys- after energy system disruptions. ‘‘(i) an individual; tem’’ includes any energy generation, trans- ‘‘(d) PARTICIPANTS.—Participants in an ex- ‘‘(ii) an energy customer; or mission, or distribution asset. ercise conducted under subsection (b) shall ‘‘(iii) a representative of the interests of (5) GRID.—The term ‘‘grid’’ means the elec- include— energy customers. tric grid composed of— ‘‘(1) State energy officials; ‘‘(2) COMPENSATION.—Subject to paragraph (A) electric energy distribution and trans- ‘‘(2) State public utility commissioners; (3), the Commission, in accordance with reg- mission lines; and ‘‘(3) State emergency management offi- ulations promulgated by the Commission, (B) associated facilities, including— cials; may provide to any eligible recipient com- (i) substations; ‘‘(4) local emergency management officials; pensation for reasonable attorney fees, ex- (ii) sensors; and ‘‘(5) utilities; pert witness fees, and other costs of inter- (iii) operational controls. ‘‘(6) petroleum and natural gas providers vening or participating in the applicable pro- (6) RESILIENCE.—The term ‘‘resilience’’, and other fuel providers; ceeding before the Commission. with respect to an energy system or a com- ‘‘(7) utility-scale renewable energy pro- ‘‘(3) REQUIREMENT.—The Commission may ponent of an energy system, means the abil- viders; only provide compensation under paragraph ity of the energy system or component— ‘‘(8) telecommunications providers; (2) if the Commission determines that— (A) to adapt to changing conditions; and ‘‘(9) first responders; and ‘‘(A) the applicable proceeding is signifi- (B) to withstand and recover rapidly from ‘‘(10) any other individuals determined to cant; a disruption, including a deliberate attack, be appropriate by the Secretary. ‘‘(e) COORDINATION.—In carrying out this ‘‘(B) the compensation is approved by the accident, or naturally occurring threat or in- section, the Secretary is encouraged to co- Advisory Committee; and cident. ordinate and consult with— ‘‘(C) the intervention or participation by (b) REPORT ON ENERGY SYSTEM PERFORM- ‘‘(1) the Secretary of Defense; the eligible recipient in the proceeding with- ANCE UNDER EXTREME STORMS.— ‘‘(2) the Secretary of Homeland Security; out receipt of compensation constitutes a (1) IN GENERAL.—Not later than 180 days ‘‘(3) the Secretary of Transportation; significant financial hardship to the eligible after the date of enactment of this Act, the ‘‘(4) the Administrator of the Federal recipient. Secretary shall submit to the appropriate Emergency Management Agency; ‘‘(j) SAVINGS CLAUSE.—Nothing in this sec- committees of Congress a report describing tion restricts or otherwise affects— energy emergencies, resilience, and mitiga- ‘‘(5) the head of the Office of Energy Infra- ‘‘(1) any right or obligation of an inter- tion actions that could lessen the impact of structure Security of the Federal Energy venor, participant, State utility consumer future energy system disruptions. Regulatory Commission; and ‘‘(6) the heads of such other Federal de- advocate, energy customer, or group of en- (2) REQUIREMENTS.—In preparing the report ergy customers under any other applicable under paragraph (1), the Secretary shall— partments and agencies as the Secretary de- provision of law (including regulations); or (A) take into consideration any lessons termines to have an interest in strength- ‘‘(2) the work of Commission trial staff in learned from prior storms, including lessons ening the reliable operation of the energy representing the public interest and pursuing learned from— system. ‘‘(f) FUNDING.—The Secretary may request appropriate resolutions in contested matters (i) Superstorm Sandy; and such funding as the Secretary determines to before the Commission. (ii) Hurricanes Harvey, Irma, and Maria; be necessary to carry out this section.’’. ‘‘(k) FUNDING.—Of the amounts received by (B) include a description of the anticipated (2) TECHNICAL AND CONFORMING AMEND- the Commission for fiscal year 2020 and each cost effectiveness and avoided cost to energy MENTS.— fiscal year thereafter as a result of any fee ratepayers if a mitigation action described (A) Section 201(g)(4) of the Homeland Secu- imposed by the Commission, the Commission in the report is implemented; and rity Act of 2002 (6 U.S.C. 121(g)(4)) is amended shall use such sums as are necessary to es- (C) identify specific lessons learned with by inserting ‘‘, subject to section 529,’’ after tablish and provide for the operation of the regard to coordination among Federal, ‘‘Energy and’’. Office under this section.’’. State, and local entities with respect to en- (B) Section 303(1) of the Homeland Security ergy emergency preparedness, mitigation, Act of 2002 (6 U.S.C. 183(1)) is amended, in the SA 1388. Mrs. SHAHEEN submitted and recovery across all energy sectors. matter preceding subparagraph (A), by strik- an amendment intended to be proposed (c) REGIONAL ENERGY EMERGENCY PRE- ing ‘‘The following’’ and inserting ‘‘Subject by her to the bill S. 2657, to support in- PAREDNESS EXERCISES.— to section 529, the following’’. novation in advanced geothermal re- (1) IN GENERAL.—Title V of the Homeland (C) Section 501(8) of the Homeland Security search and development, and for other Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the following: Act of 2002 (6 U.S.C. 311(8)) is amended by purposes; which was ordered to lie on striking ‘‘section 502(a)(6)’’ and inserting the table; as follows: ‘‘SEC. 529. REGIONAL ENERGY EMERGENCY PRE- PAREDNESS EXERCISES. ‘‘section 504(a)(6)’’. At the end of part II of subtitle B of title ‘‘(a) DEFINITIONS.—In this section: (D) Section 504(a)(3)(B) of the Homeland II, add the following: ‘‘(1) ENERGY SYSTEM.— Security Act of 2002 (6 U.S.C. 314(a)(3)(B)) is SEC. 22ll. IMPROVING ENERGY SYSTEM RESIL- ‘‘(A) IN GENERAL.—The term ‘energy sys- amended by striking ‘‘, the National Disaster IENCE. tem’ means all components relating to the Medical System,’’. (a) DEFINITIONS.—In this section: production, conversion, delivery, or use of (d) ENERGY RESILIENCE PILOT PROGRAM.— (1) COMBINED HEAT AND POWER TECH- energy. (1) ESTABLISHMENT.—The Secretary shall NOLOGY.—The term ‘‘combined heat and establish a pilot program under which the ‘‘(B) INCLUSIONS.—The term ‘energy sys- power technology’’ means a technology for tem’ includes any energy generation, trans- Secretary shall provide to States grants for the generation of electric energy and heat in mission, or distribution asset. the development of— a single, integrated system— (A) State plans to be used as models for de- ‘‘(2) SECRETARY.—The term ‘Secretary’ (A) that meets the efficiency criteria de- means the Secretary of Energy. veloping a systematic and holistic approach scribed in clauses (ii) and (iii) of section ‘‘(b) ESTABLISHMENT OF PERMANENT PRO- to energy system resilience; and 48(c)(3)(A) of the Internal Revenue Code of GRAM.—In carrying out the duties of the Sec- (B) all-hazards, all-fuels energy emergency 1986; and retary under Emergency Support Function plans and mitigation actions. (B) under which heat that is convention- 12 of the National Response Plan, the Sec- (2) APPLICATION.— ally rejected is— retary shall establish a permanent program (A) IN GENERAL.—To be eligible to receive a (i) recovered; and within the Office of Electricity Delivery and grant under this subsection, a State, acting (ii) used to meet thermal energy require- Energy Reliability under which the Sec- jointly with the State energy office and the ments. retary shall conduct regional energy emer- public utility or service commission of the (2) DISTRIBUTED ENERGY RESOURCE.—The gency preparedness exercises to strengthen State (or a substantially similar entity) and term ‘‘distributed energy resource’’ means the capability of participants to respond to, in consultation with State energy manage- any energy technology that is— and recover from, severe events affecting the ment offices, utilities (including municipal (A) located on a customer site; reliable operation of the energy system. utilities), electric cooperatives, and private- (B) operating on the customer side of the ‘‘(c) REQUIREMENTS.—An exercise con- sector partners in the applicable State or re- electric meter; and ducted under subsection (b) shall include gion, shall submit to the Secretary an appli- (C) interconnected with the grid. analyses of— cation at such time, in such manner, and

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(3) ELIGIBLE LAND.—The term ‘‘eligible (iii) improve the deployment of— (6) TERMINATION.—The authority to carry land’’ means forest land in the United States that is privately owned at the time of initi- (I) energy-efficient practices and tech- out the pilot program under this subsection ation of a carbon incentives contract or con- nologies; terminates on the date that is 5 years after servation easement agreement. (II) distributed energy resources; the date on which the Secretary establishes (4) ELIGIBLE PRACTICE.— (III) combined heat and power tech- the pilot program under paragraph (1). (A) IN GENERAL.—The term ‘‘eligible prac- nologies; and (7) AUTHORIZATION OF APPROPRIATIONS.— tice’’ means a forestry practice, including (IV) energy storage; There are authorized to be appropriated to improved forest management that produces (iv) support the implementation of smart the Secretary such sums as are necessary to marketable forest products, that is deter- grid technology, including— carry out this subsection, subject to the con- dition that not more than $20,000,000 may be mined by the Secretary to provide measur- (I) sensors; able increases in carbon sequestration and (II) advanced metering; made available to carry out this subsection for any 1 fiscal year. storage beyond customary practices on com- (III) automation; parable land. (IV) equipment; (e) CONSULTATION AND COORDINATION.—In (B) INCLUSIONS.—The term ‘‘eligible prac- (V) control systems; carrying out this section and the amend- ments made by this section, the Secretary tice’’ includes— (VI) high-temperature, low-sag electric (i) afforestation on nonforested land, such transmission and subtransmission cable; and shall— (1) consult with— as marginal crop or pasture land, (VII) other technologies that enable the windbreaks, shelterbelts, stream buffers, in- dynamic optimization of— (A) State public utility commissions; (B) State energy offices; cluding working land and urban forests and (aa) electric grid operations; and parks, or other areas identified by the Sec- (C) regional transmission organizations; (bb) energy system hardening; retary; (D) electric and natural gas utilities; (v) address technical and organizational (ii) reforestation on forest land impacted (E) independent power producers; communications obstacles that may impair by wildfire, pests, wind, or other stresses, in- (F) distributed energy providers; getting energy systems back online after dis- cluding working land and urban forests and (G) energy storage providers; asters; parks; (H) transportation fuel providers; (vi) improve protections against (iii) improved forest management, with ap- (I) telecommunications providers; cyberattacks on— propriate crediting for the carbon benefits of (J) public interest organizations; (I) the energy system; harvested wood products, through practices (K) any Department-sponsored entity in- (II) natural gas systems; and such as improving regeneration after har- (III) petroleum product refining and dis- volved in a support or advisory activity vest, planting in understocked forests, reduc- tribution systems; under Emergency Support Function 12 of the ing competition from slow-growing species, (vii) improve petroleum product emer- National Response Plan; and thinning to encourage growth, changing ro- gency response and contingency plans im- (L) other appropriate stakeholders, as de- tations to increase carbon storage, improv- pacting first responder and other mission- termined by the Secretary; and ing harvest efficiency or wood use; and critical transportation fleets; and (2) to the maximum extent practicable, (iv) such other practices as the Secretary (viii) address and improve critical infra- use— determines to be appropriate. (A) existing programs at the Department; structure interdependencies, including with (5) FOREST INCENTIVES PROGRAM; PRO- and respect to energy sources, water, tele- GRAM.—The term ‘‘forest incentives pro- communications, transportation, and food (B) resources available through the Na- gram’’ or ‘‘program’’ means the forest incen- system delivery. tional Laboratories. tives program established under subsection (C) CRITERIA.—The Secretary shall evalu- (b)(1). ate an application for a grant submitted SA 1389. Mrs. SHAHEEN submitted (6) SECRETARY.—The term ‘‘Secretary’’ under this subsection— an amendment intended to be proposed means the Secretary of Agriculture. (i) on the basis of merit; and by her to the bill S. 2657, to support in- (b) SUPPLEMENTAL GREENHOUSE GAS EMIS- (ii) using criteria identified by the Sec- novation in advanced geothermal re- SION REDUCTIONS IN UNITED STATES.— retary, including— search and development, and for other (1) IN GENERAL.—The Secretary shall estab- (I) whether there exists demonstrated sup- purposes; which was ordered to lie on lish a forest incentives program to achieve port for the plan from utilities, electric co- the table; as follows: supplemental greenhouse gas emission re- operatives, municipal utilities, and private- ductions and carbon sequestration on private sector partners in the applicable State or re- At the appropriate place, insert the fol- forest land of the United States through— gion; lowing: (A) carbon incentives contracts; and (II) whether transportation systems and SEC. lll. FOREST INCENTIVES PROGRAM. (B) conservation easement agreements. delivered fuels are adequately addressed; (a) DEFINITIONS.—In this section: (2) PRIORITY.—In selecting projects under (III) whether the plan would provide for (1) CARBON INCENTIVES CONTRACT; CON- this subsection, the Secretary shall provide a the dissemination of results obtained in car- TRACT.—The term ‘‘carbon incentives con- priority for contracts and agreements— rying out the plan; and tract’’ or ‘‘contract’’ means a 15- to 30-year (A) that sequester the most carbon on a per (IV) the permanence of the infrastructure contract that specifies— acre basis, with appropriate crediting for the to be put in place by the plan. (A) the eligible practices that will be un- carbon benefits of harvested wood products; (3) REGIONAL DIVERSITY.—To the maximum dertaken; and extent practicable, the Secretary shall en- (B) the acreage of eligible land on which (B) that create forestry jobs or protect sure regional diversity among States that re- the practices will be undertaken; habitats and achieve significant other envi- ceive grants under this subsection, including (C) the agreed rate of compensation per ronmental, economic, and social benefits. participation by— acre; (3) ELIGIBILITY.— (A) rural States; and (D) a schedule to verify that the terms of (A) IN GENERAL.—To participate in the pro- (B) small States. the contract have been fulfilled; and gram, an owner of eligible land shall— (4) BEST PRACTICES.—In carrying out the (E) such other terms as are determined (i) enter into a carbon incentives contract; pilot program under this subsection, the Sec- necessary by the Secretary. and retary shall— (2) CONSERVATION EASEMENT AGREEMENT; (ii) fulfill such other requirements as the (A) identify and collect information re- AGREEMENT.—The term ‘‘conservation ease- Secretary determines to be necessary. garding best practices for strengthening the ment agreement’’ or ‘‘agreement’’ means a (B) CONTINUED ELIGIBLE PRACTICES.—An capability of States to improve the resilient, permanent conservation easement that— owner of eligible land who has been carrying

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out eligible practices on the eligible land (1) MEASUREMENT, MONITORING, AND (1) APPLICATIONS.—To be eligible to par- shall not be barred from entering into a car- VERIFICATION.—The Secretary shall establish ticipate in the program, the owner of an eli- bon incentives contract under this sub- and implement protocols that provide moni- gible building shall submit to the Secretary section to continue carrying out the eligible toring and verification of compliance with an application at such time, in such manner, practices on the eligible land. the terms of contracts and agreements. and containing such information as the Sec- (C) DURATION OF CONTRACT.—A contract (2) REPORTING REQUIREMENT.—At least an- retary may require. shall be for a term of not less than 15, nor nually, the Secretary shall submit to Con- (2) COMPONENTS.—In establishing the pro- more than 30, years, as determined by the gress a report that contains— gram, the Secretary shall require that pay- owner of eligible land. (A) an estimate of annual and cumulative ments for activities under the program shall (D) COMPENSATION UNDER CONTRACT.—The reductions achieved as a result of the pro- be— Secretary shall determine the rate of com- gram, determined using standardized meas- (A) established at a rate not to exceed the pensation per acre under the contract so ures, including measures of economic effi- net estimated benefit an owner of an eligible that the longer the term of the contract, the ciency; building would receive for similar practices higher rate of compensation. (B) a summary of any changes to the pro- under any federally established carbon offset (E) RELATIONSHIP TO OTHER PROGRAMS.—An gram that will be made as a result of pro- program, taking into consideration the costs owner or operator shall not be prohibited gram measurement, monitoring, and associated with the issuance of credits and from participating in the program due to verification; compliance with reversal provisions; participation of the owner or operator in (C) the total number of acres enrolled in (B) provided to owners of eligible buildings other Federal or State conservation assist- the program by method; and demonstrating at least a 20-percent reduc- ance programs. (D) a State-by-State summary of the data. tion in carbon emissions potential, based on (4) COMPLIANCE.—In developing regulations (3) AVAILABILITY OF REPORT.—Each report a lifecycle assessment of the structural as- for carbon incentives contracts under this required by this subsection shall be available semblies, as compared to the structural as- subsection, the Secretary shall specify re- to the public through the website of the De- semblies of a model building, subject to the quirements to address whether the owner of partment of Agriculture. requirements that— eligible land has completed contract and (4) PROGRAM ADJUSTMENTS.—At least once (i) the Secretary shall identify a model agreement requirements. every 2 years the Secretary shall adjust eli- baseline nonresidential building— (c) INCENTIVE PAYMENTS.— gible practices and compensation rates for (I) of common size and function; and (1) IN GENERAL.—The Secretary shall pro- future carbon incentives contracts based on (II) having a service life of not less than 60 vide to owners of eligible land financial in- the results of monitoring under paragraph (1) years; and centive payments for— and reporting under paragraph (2), if deter- (ii) applicants shall evaluate the carbon (A) eligible practices that measurably in- mined necessary by the Secretary. emissions potential of the baseline building crease carbon sequestration and storage over (5) ESTIMATING CARBON BENEFITS.—Any and the proposed building using the same a designated period on eligible land, with ap- modeling, methodology, or protocol resource lifecycle assessment software tool and data propriate crediting for the carbon benefits of developed under this section— sets, which shall be compliant with the docu- harvested wood products, as specified (A) shall be suitable for estimating carbon ment numbered ISO 14044; and through a carbon incentives contract; and benefits associated with eligible practices for (C) provided on certification by the owner (B) subject to paragraph (2), conservation the purpose of incentives under this section; of an eligible building and verification by easements on eligible land covered under a and the Secretary, after consultation with the conservation easement agreement. (B) may be used for netting by States or Secretary of Energy, that— (2) COMPENSATION.—The Secretary shall de- emission sources under Federal programs re- (i) the eligible building meets the require- termine the amount of compensation to be lating to carbon emissions. ments of the applicable State commercial provided under a contract under this sub- (g) AUTHORIZATION OF APPROPRIATIONS.— building energy efficiency code (as in effect section based on the emissions reductions There are authorized to be appropriated to on the date of the applicable permit of the obtained or avoided and the duration of the carry out this section such sums as are nec- eligible building); and reductions, with due consideration to pre- essary. (ii) the State has made the certification re- vailing carbon pricing as determined by any quired pursuant to section 304 of the Energy relevant or State compliance offset pro- SEC. lll. MATERIAL CHOICES IN BUILDINGS FOR SUPPLEMENTAL GREENHOUSE Conservation and Production Act (42 U.S.C. grams. GAS EMISSION REDUCTIONS IN 6833). (3) NO CONSERVATION EASEMENT AGREEMENT UNITED STATES. (3) INCENTIVE PAYMENTS.—A participant in REQUIRED.—Eligibility for financial incentive (a) DEFINITIONS.—In this section: the program shall receive payment under the payments under a carbon incentives contract (1) ELIGIBLE BUILDING.—The term ‘‘eligible program on completion of construction or described in paragraph (1)(A) shall not re- building’’ means a nonresidential building renovation of the applicable eligible build- quire a conservation easement agreement. used for commercial or State or local gov- ing. (d) REGULATIONS.—Not later than 1 year ernment purposes. after the date of enactment of this Act, the (d) REPORTS.—Not less frequently than (2) ELIGIBLE PRODUCT.—The term ‘‘eligible Secretary shall issue regulations that speci- once each year, the Secretary shall submit product’’ means a commercial or industrial fy eligible practices and related compensa- product, such as an intermediate, feedstock, to Congress a report that contains— tion rates, standards, and guidelines as the (1) an estimate of annual and cumulative basis for entering into the program with or end product (other than food or feed), that is composed in whole or in part of biological reductions achieved as a result of the pro- owners of eligible land. gram— (e) SET-ASIDE OF FUNDS FOR CERTAIN PUR- products, including renewable agricultural and forestry materials used as structural (A) determined by using lifecycle assess- POSES.— ment software that is compliant with the (1) IN GENERAL.—At the discretion of the building material. (3) PROGRAM.—The term ‘‘program’’ means document numbered ISO 14044; and Secretary, a portion of program funds made (B) expressed in terms of the total number available under this program for a fiscal year the greenhouse gas incentives program es- tablished under this section. of cars removed from the road; may be used— (2) a summary of any changes to the pro- (A) to develop forest carbon modeling and (4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture. gram that will be made as a result of past methodologies that will improve the projec- implementation of the program; and (b) SUPPLEMENTAL GREENHOUSE GAS EMIS- tion of carbon gains for any forest practices (3) the total number of buildings under car- SION REDUCTIONS IN BUILDINGS.— made eligible under the program; bon incentives contracts as of the date of the (1) IN GENERAL.—The Secretary shall estab- (B) to provide additional incentive pay- report. ments for specified management activities lish a greenhouse gas incentives program to that increase the adaptive capacity of land achieve supplemental greenhouse gas emis- (e) ANALYTICAL REQUIREMENTS.—For pur- under a carbon incentives contract; and sion reductions from material choices in poses of this section— (C) for the Forest Inventory and Analysis buildings, based on the lifecycle assessment (1) any carbon emissions potential calcula- Program of the Forest Service to develop im- of the building materials. tion shall— proved measurement and monitoring of for- (2) FINANCIAL INCENTIVE PAYMENTS.—The (A) be performed in accordance with stand- est carbon stocks. Secretary shall provide to owners of eligible ard lifecycle assessment practice; and (2) PROGRAM COMPONENTS.—In establishing buildings incentive payments for the use of (B) include removal and sequestration of the program, the Secretary shall provide eligible products in buildings for seques- carbon dioxide from the use of biobased prod- that funds provided under this section shall tering carbon based on a lifecycle assess- ucts, as well as recycled content materials; not be substituted for, or otherwise used as a ment of the structural assemblies, as com- (2) a full lifecycle assessment shall be con- basis for reducing, funding authorized or ap- pared to a model building as a result of using ducted taking into consideration all lifecycle propriated under other programs to com- eligible products in substitution for more en- stages, including— pensate owners of eligible land for activities ergy-intensive materials in— (A) resource extraction and processing; that are not covered under the program. (A) new construction; or (B) product manufacturing; (f) PROGRAM MEASUREMENT, MONITORING, (B) building renovation. (C) onsite construction of assemblies; VERIFICATION, AND REPORTING.— (c) PROGRAM REQUIREMENTS.— (D) transportation;

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(E) maintenance and replacement cycles (3) GRID.—The term ‘‘grid’’ means the elec- Secretary shall convene a working group (re- over an assumed eligible building service life tric grid that is composed of both distribu- ferred to in this paragraph as the ‘‘Group’’) of 60 years; and tion and transmission lines, and associated to address regulatory barriers to deployment (F) demolition; facilities, including substations, sensors, and of intelligent grid integration of clean dis- (3) structural assemblies shall be consid- operational controls. tributed energy technologies. ered to include columns, beams, girders, (4) INTELLIGENCE.—The term ‘‘intelligence’’ (B) PURPOSE.—The purpose of the Group is purlins, floor deck, roof, and structural enve- means any devices or technologies that to provide guidance on how to address the lope elements; manifest adaptive, anticipatory, and dy- regulatory and economic factors that limit (4) primary materials shall be considered namic optimization behavior. widespread integration of grid-level clean to include common products used as the (c) RESEARCH AND DEPLOYMENT PLAN FOR distributed energy use in order to advance structural system, such as wood, steel, con- ENHANCED INTEGRATION OF CLEAN DISTRIB- the integration of clean distributed energy crete, or masonry; and UTED ENERGY WITH THE GRID.— into electric grids. (5) the effects of recycling, reuse, or energy (1) IN GENERAL.—The Secretary shall carry (C) MEMBERSHIP.—The Group shall be com- recovery beyond the boundaries of an appli- out efforts for advancing the integration of posed of— cable study system shall not be taken in ac- clean distributed energy into electric grids. (i) representatives from— count. (2) STUDY AND REPORT ON THE STATUS OF (I) State public utility commissions; (f) AUTHORIZATION OF APPROPRIATIONS.— GRID INTEGRATION.— (II) State energy offices; There are authorized to be appropriated such (A) IN GENERAL.—Not later than 180 days (III) regional transmission organizations; sums as are necessary to carry out this sec- after the date of enactment of this Act, the (IV) electric and natural gas utilities; tion. Secretary, after consultation with State (V) independent power producers; public utility commissions, State energy of- (VI) clean distributed energy providers; SA 1390. Mrs. SHAHEEN submitted fices, regional transmission organizations, and an amendment intended to be proposed electric and natural gas utilities, inde- (VII) public interest organizations; and by her to the bill S. 2657, to support in- pendent power producers, clean distributed (ii) any other appropriate stakeholders de- novation in advanced geothermal re- energy providers, public interest organiza- termined by the Secretary to have a mate- tions, and other appropriate stakeholders, rial interest in the development, implemen- search and development, and for other shall conduct a study on the status of inte- tation, siting, and integration of clean dis- purposes; which was ordered to lie on gration of clean distributed energy into the tributed energy technology or systems into the table; as follows: grid, identifying any issues that require ad- the electric grid. At the end of subtitle H of title I, insert ditional research or regulatory development. (D) DUTIES.—The duties of the Group shall the following: (B) INCLUSIONS.—In conducting the study be— SEC. 18ll. RESEARCH AND DEPLOYMENT PLAN under subparagraph (A), the Secretary (i) to review the regulatory barriers identi- FOR ENHANCED INTEGRATION OF shall— fied in the report prepared by the Secretary CLEAN DISTRIBUTED ENERGY WITH (i) identify and quantify the benefits to all under paragraph (2)(C); THE GRID. stakeholders of expanded integration of (ii) to identify any additional regulatory (a) FINDINGS.—Congress finds that— clean distributed energy resources into the barriers that inhibit the installation of dis- (1) research by the Secretary and the Ad- grid; tributed energy; and ministrator of the Environmental Protection (ii) identify any technical issues (including (iii) to recommend to the Secretary ac- Agency has found that clean distributed en- cybersecurity concerns) that require re- tions that should be considered to remove ergy technologies can create important val- search to identify solutions; and the barriers identified under clauses (i) and ues for both the host facility and the electric (iii) identify any regulatory barriers that (ii). grid operator; inhibit the expanded integration of clean dis- (E) REPORT.—Not later than 3 years after (2) the values described in paragraph (1) tributed energy resources into the grid. the date of enactment of this Act, the Sec- can include, for the host facility— (C) REPORT.—Not later than 1 year after retary shall prepare and submit to Congress (A) energy bill savings; the date of enactment of this Act, the Sec- a report based on the recommendations of (B) additional revenue from offering ancil- retary shall submit to Congress a report de- the Group under subparagraph (D)(iii), to be lary services to the electric grid operator; scribing the results of the study conducted made publicly available. (C) increased electric reliability in the under subparagraph (A). (F) FUNDING.—The Secretary may request event of grid outages; and (D) BEST PRACTICES.—Based on the findings funding as necessary to carry out this para- (D) improved electric power quality; of the report described in subparagraph (C), graph, but in no case shall funding exceed (3) the values described in paragraph (1) the Secretary shall establish and distribute $2,000,000 in any 1 fiscal year. can include, for the electric grid operator— to States best practices to encourage the in- (5) DEMONSTRATIONS OF INTELLIGENT GRID (A) avoiding the need for transmission and tegration of clean distributed energy into INTEGRATION OF CLEAN DISTRIBUTED ENERGY distribution upgrade investments; the grid. SYSTEMS.— (B) enhanced grid stability by providing re- (E) FUNDING.—The Secretary shall use un- (A) IN GENERAL.—Based on the findings in active power; obligated funds of the Department to carry the reports conducted under this subsection (C) voltage and frequency stabilization; out this paragraph. and not later than 3 years after the date of and (3) RESEARCH INTO THE TECHNICAL BARRIERS enactment of this Act, the Secretary shall (D) more reliable and stable operation of TO THE INTEGRATION OF CLEAN DISTRIBUTED issue a solicitation for demonstration of in- the grid by providing dispatchable energy to ENERGY WITH THE GRID.— tegration of distributed energy resources the grid during periods of insufficient capac- (A) IN GENERAL.—Not later than 18 months into the grid. ity or supply; and after the date of enactment of this Act, the (B) ELIGIBLE ENTITIES.—Any individual en- (4) new advances in intelligent sensing and Secretary shall— tity or group of entities may submit to the simulation and control technologies offer (i) issue a solicitation for research pro- Secretary proposals for demonstration the potential to enhance the benefits of posals to address the technical barriers iden- projects based on the solicitation described clean distributed generation to both the host tified in the report submitted under para- in subparagraph (A), including— facility and the electric grid operator from graph (2)(C); and (i) State and local agencies; dynamic, adaptive, and anticipatory re- (ii) make grants to those applicants with (ii) public institutions; sponse to changing grid conditions. research proposals selected by the Secretary (iii) private companies; (b) DEFINITIONS.—In this section: in accordance with subparagraph (B). (iv) electric and natural gas utilities; and (1) ANCILLARY SERVICE.—The term ‘‘ancil- (B) CRITERIA.—The Secretary shall select (v) equipment manufacturers. lary service’’ means those services necessary research proposals to receive a grant under (C) GRANTS AUTHORIZED.—The Secretary to support the transmission of electric power this paragraph on the basis of merit, using may make grants, in amounts not to exceed from seller to purchaser given the obliga- criteria identified by the Secretary, includ- a total of $5,000,000, to eligible entities to tions of control areas and transmitting utili- ing the likelihood that the research results carry out demonstration projects, to be se- ties within those control areas to maintain will address critical barriers identified by lected based on— reliable operations of the interconnected the Secretary. (i) the technical merits of the demonstra- transmission system. (C) FUNDING.—Beginning in the first full tion project; (2) CLEAN DISTRIBUTED ENERGY.—The term fiscal year following the date of enactment (ii) the likelihood that the demonstration ‘‘clean distributed energy’’ means energy of this Act, and annually thereafter for 2 project will address critical barriers identi- technologies that are located on or near the years, the Secretary may request funding as fied by the Secretary under this subsection; customer site operating on the customer side necessary to carry out this paragraph, but in and of the electric meter and are interconnected no case shall funding exceed $5,000,000 in any (iii) the share of non-Federal funds for the with the electric grid, including— 1 fiscal year. demonstration project. (A) clean electric generation; (4) CREATION OF A STAKEHOLDER WORKING (D) FUNDING.—Beginning in the third full (B) customer electric efficiency measures; GROUP.— fiscal year following the date of enactment (C) electric demand flexibility; and (A) IN GENERAL.—Not later than 18 months of this Act, and annually thereafter for 3 (D) energy storage. after the date of enactment of this Act, the years, the Secretary may request funding as

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.049 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1337 necessary to carry out this paragraph, but in shall award grants, on a competitive basis, vironmental Protection Agency (referred to no case shall funding exceed $15,000,000 in to States and units of local government to in this subsection as the ‘‘Administrator’’) in any 1 fiscal year. assist in the establishment or enhancement accordance with the terms of applicable (6) REPORT.—The Secretary annually shall of State battery collection, recycling, and agreements between the Secretary and the submit to Congress a report that— reprocessing programs. Administrator. (A) describes the progress made in carrying (B) NON-FEDERAL COST SHARE.—The non- (f) TASK FORCE ON PRODUCER REQUIRE- out this subsection; and Federal share of the cost of a project carried MENTS.— (B) identifies any technical or regulatory out using a grant under this paragraph shall (1) IN GENERAL.—The Secretary shall con- issues that require legislative action. be 50 percent of the cost of the project. vene a task force to develop an extended bat- (C) REPORT.—Not later than 2 years after tery producer responsibility framework SA 1391. Mr. KING (for himself, Mr. the date of enactment of this Act, and annu- that— BURR, and Mr. CARPER) submitted an ally thereafter, the Secretary shall submit (A) addresses battery recycling goals, cost amendment intended to be proposed by to Congress a report that describes the num- structures for mandatory recycling, report- ber of battery collection points established him to the bill S. 2657, to support inno- ing requirements, product design, collection or enhanced, an estimate of jobs created, and models, and transportation of collected ma- vation in advanced geothermal re- the quantity of material collected as a result terials; search and development, and for other of the grants awarded under subparagraph (B) provides sufficient flexibility to allow purposes; which was ordered to lie on (A). battery producers to determine cost-effec- the table; as follows: (3) RETAILERS AS COLLECTION POINTS.— tive strategies for compliance with the At the appropriate place in title I, insert (A) IN GENERAL.—The Secretary shall framework; and the following: award grants, on a competitive basis, to re- (C) outlines regulatory pathways for effec- tailers that sell batteries to establish and tive recycling. SEC. 1ll. BATTERY AND CRITICAL MINERAL RE- implement a system for the acceptance and CYCLING. (2) TASK FORCE PARTICIPANTS.—The task collection of used batteries for reuse, recy- (a) DEFINITION OF BATTERY.—In this sec- force convened under paragraph (1) shall in- cling, or proper disposal. tion, the term ‘‘battery’’ means a battery clude— (B) COLLECTION SYSTEM.—The system de- (A) battery producers, retailers, recyclers, that is— scribed in subparagraph (A) shall include (1) rechargeable; and collectors, and refiners; take-back of used batteries at no cost to the (B) States and municipalities; and (2) electrochemical, including lithium ion consumer. and other chemistries. (C) other relevant stakeholders, as deter- (c) LITHIUM-ION BATTERY RECYCLING PRIZE mined by the Secretary. (b) GRANTS.— COMPETITION.— (3) REPORT.—Not later than 1 year after (1) BATTERY RECYCLING RESEARCH, DEVELOP- (1) IN GENERAL.—The Secretary shall con- MENT, AND DEMONSTRATION GRANTS.— the date on which the Secretary convenes tinue to carry out the existing Lithium-Ion the task force under paragraph (1), the Sec- (A) IN GENERAL.—The Secretary shall Battery Recycling Prize competition of the award multiyear grants to eligible entities retary shall submit to Congress a report Department established under section 24 of that— for research, development, and demonstra- the Stevenson-Wydler Technology Innova- tion projects to create innovative and prac- (A) describes the extended producer respon- tion Act of 1980 (15 U.S.C. 3719). sibility framework developed by the task tical approaches to increase the reuse and re- (2) ADDITIONAL FUNDING FOR PILOT cycling of batteries, including by address- force; PROJECTS.—In addition to any other funds (B) includes the recommendations of the ing— made available to the Secretary to carry out (i) recycling processes; task force on how best to implement a man- the competition described in paragraph (1), datory pay-in or other enforcement mecha- (ii) the development of methods to pro- there is authorized to be appropriated to the mote the design and production of batteries nism to ensure battery producers and sellers Secretary to carry out Phase III of that com- are contributing to the recycling of bat- that take into full account and facilitate the petition $10,000,000 for fiscal year 2021, to re- dismantling, reuse, recovery, and recycling teries; and main available until expended, which the (C) suggests regulatory pathways for effec- of battery components and materials; Secretary may use— (iii) strategies to increase consumer ac- tive recycling. (A) to increase the number of winners of (g) AUTHORIZATION OF APPROPRIATIONS.— ceptance of, and participation in, the recy- Phase III of that competition; There is authorized to be appropriated to cling of batteries; and (B) to increase the amount awarded to the carry out this section $30,000,000 for each of (iv) the integration of increased quantities winners of Phase III of that competition; or fiscal years 2021 through 2025. of recycled critical minerals in batteries and (C) to carry out any other activity that is other products to develop markets for recy- consistent with the goals of Phase III of that SA 1392. Mr. KING (for himself and cled battery materials and critical minerals. competition, as determined by the Sec- Ms. ERNST) submitted an amendment (B) ELIGIBLE ENTITIES.—The Secretary may retary. intended to be proposed by him to the award a grant under subparagraph (A) to— (d) BEST PRACTICES FOR COLLECTION OF (i) an institution of higher education; BATTERIES.— bill S. 2657, to support innovation in (ii) a National Laboratory; (1) IN GENERAL.—The Administrator of the advanced geothermal research and de- (iii) a Federal research agency; Environmental Protection Agency (referred velopment, and for other purposes; (iv) a State research agency; to in this subsection as the ‘‘Adminis- which was ordered to lie on the table; (v) a nonprofit organization; trator’’) shall develop best practices for the as follows: (vi) an industrial entity; collection of batteries that may be cost-ef- At the end of subtitle C of title II, add the (vii) a manufacturing entity; fectively implemented by States and units of following: (viii) a private battery-collection entity; local government. SEC. 2307. WIND TECHNICIAN TRAINING GRANT (ix) a State or municipal government enti- (2) COORDINATION.—The Administrator PROGRAM. ty; shall develop best practices under paragraph (a) IN GENERAL.—Title XI of the Energy (x) a battery retailer; or (1) in coordination with State and local lead- Policy Act of 2005 (42 U.S.C. 16411 et seq.) is (xi) a consortium of 2 or more entities de- ers and entities in relevant private sectors. amended by adding at the end the following: scribed in clauses (i) through (x). (3) REPORT.—Not later than 1 year after ‘‘SEC. 1107. WIND TECHNICIAN TRAINING GRANT (C) APPLICATIONS.— the date of enactment of this Act, the Ad- PROGRAM. (i) IN GENERAL.—To be eligible to receive a ministrator shall submit to Congress a re- ‘‘(a) DEFINITION OF ELIGIBLE ENTITY.—In grant under subparagraph (A), an eligible en- port describing the best practices developed this section, the term ‘eligible entity’ means tity described in subparagraph (B) shall sub- under this subsection. a community college or technical school mit to the Secretary an application at such (e) VOLUNTARY LABELING PROGRAM.— that offers a wind training program. time, in such manner, and containing such (1) IN GENERAL.—There is established with- ‘‘(b) GRANT PROGRAM.—The Secretary shall information as the Secretary may require. in the Department and the Environmental establish a program under which the Sec- (ii) CONTENTS.—An application submitted Protection Agency a voluntary program to retary shall award grants, on a competitive under clause (i) shall describe how the promote battery recycling and identify col- basis, to eligible entities to purchase large project will promote collaboration among— lection points in order to reduce battery pieces of wind component equipment (such (I) vehicle battery manufacturers; waste, improve collection, and reduce safety as nacelles, towers, and blades) for use in (II) other battery manufacturers; concerns through— training wind technician students. (III) battery material and equipment man- (A) voluntary labeling of batteries; or ‘‘(c) FUNDING.—Of the amounts made avail- ufacturers; (B) other forms of communication about able to the Secretary for administrative ex- (IV) battery recyclers, collectors, and re- the reuse and recycling of critical materials penses to carry out other programs under the finers; and from batteries. authority of the Secretary, the Secretary (V) retailers. (2) DIVISION OF RESPONSIBILITIES.—Respon- shall use to carry out this section $2,000,000 (2) STATE AND LOCAL PROGRAMS.— sibilities under the program established by for each of fiscal years 2021 through 2026.’’. (A) IN GENERAL.—The Secretary shall es- paragraph (1) shall be divided between the (b) CLERICAL AMENDMENT.—The table of tablish a program under which the Secretary Secretary and the Administrator of the En- contents for the Energy Policy Act of 2005

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.076 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1338 CONGRESSIONAL RECORD — SENATE March 3, 2020 (Public Law 109–58; 119 Stat. 601) is amended TITLE IV—MISCELLANEOUS vation in advanced geothermal re- by inserting after the item relating to sec- SEC. 4001. NONNATIVE PLANT SPECIES REMOVAL search and development, and for other tion 1106 the following: GRANT PROGRAM. purposes; which was ordered to lie on ‘‘Sec. 1107. Wind technician training grant (a) DEFINITIONS.—In this section: the table; as follows: program.’’. (1) ELIGIBLE ENTITY.—The term ‘‘eligible Strike section 1802. SEC. 2308. VETERANS IN WIND ENERGY. entity’’ means a partnership between 2 or more entities that— (a) IN GENERAL.—Title XI of the Energy SA 1395. Mr. MERKLEY submitted an (A) shall include— Policy Act of 2005 (42 U.S.C. 16411 et seq.) (as amendment intended to be proposed by (i) at least 1 flood control district; and amended by section 2307(a)) is amended by him to the bill S. 2657, to support inno- (ii) at least 1 city, county, township, town, adding at the end the following: borough, parish, village, or other general vation in advanced geothermal re- ‘‘SEC. 1108. VETERANS IN WIND ENERGY. purpose political subdivision of a State or In- search and development, and for other ‘‘(a) IN GENERAL.—The Secretary shall es- dian tribe (as defined in section 4 of the In- purposes; which was ordered to lie on tablish a program to prepare veterans for ca- dian Self-Determination and Education As- the table; as follows: reers in the wind energy industry that shall sistance Act (25 U.S.C. 5304)); and At the end of subtitle C of title II, add the be modeled off of the Solar Ready Vets pilot (B) may include any other entity (such as following: program formerly administered by the De- a nonprofit organization or institution of SEC. 2307. GOOD JOBS FOR 21ST CENTURY EN- partment of Energy and the Department of higher education), as determined by the Sec- ERGY. Defense. retary. (a) DEPARTMENT OF LABOR CERTIFICATION ‘‘(b) FUNDING.—Of the amounts made avail- (2) NONNATIVE PLANT SPECIES.—The term OF QUALIFIED ENTITIES.— able to the Secretary for administrative ex- ‘‘nonnative plant species’’ means a plant spe- (1) DEFINITIONS.—In this subsection: penses to carry out other programs under the cies that— (A) APPLICABLE CONSTRUCTION PROJECT.— authority of the Secretary, the Secretary (A) is nonnative or alien to an ecosystem; The term ‘‘applicable construction project’’, shall use to carry out this section $2,000,000 and with respect to an entity, means construc- for each of fiscal years 2021 through 2026.’’. (B) if introduced to that ecosystem, will tion by the entity of any property described (b) CLERICAL AMENDMENT.—The table of cause, or is likely to cause, economic harm, in section 45L, 48D, or 179D of the Internal contents for the Energy Policy Act of 2005 environmental harm, or harm to human Revenue Code of 1986. (Public Law 109–58; 119 Stat. 601) (as amended health. (B) COVERED PROJECT LABOR AGREEMENT.— by section 2307(b)) is amended by inserting (3) SECRETARY.—The term ‘‘Secretary’’ The term ‘‘covered project labor agreement’’ after the item relating to section 1107 the means the Secretary of Agriculture. means a project labor agreement that— following: (b) ESTABLISHMENT.—The Secretary shall (i) binds all contractors and subcontractors establish a grant program to award grants, on the construction project through the in- ‘‘Sec. 1108. Veterans in wind energy.’’. on a competitive basis, to eligible entities— clusion of appropriate specifications in all SEC. 2309. STUDY AND REPORT ON WIND TECHNI- (1) to remove nonnative plant species in ri- relevant solicitation provisions and contract CIAN WORKFORCE. parian areas that contribute to drought con- documents; (a) IN GENERAL.—The Secretary shall con- ditions; (ii) allows all contractors and subcontrac- vene a task force comprised of 1 or more rep- (2) to replace those nonnative plant species tors to compete for contracts and sub- resentatives of each of the stakeholders de- with native plant species; and contracts without regard to whether they scribed in subsection (b) that shall— (3) to maintain and monitor riparian areas are otherwise a party to a collective bar- (1) conduct a study to assess the needs of in which nonnative plant species have been gaining agreement; wind technicians in the workforce; removed and replaced. (iii) contains guarantees against strikes, (2) create a comprehensive list that— (c) APPLICATIONS.— lockouts, and other similar job disruptions; (A) lists each type of wind technician posi- (1) IN GENERAL.—To be eligible to receive a (iv) sets forth effective, prompt, and mutu- tion available in the United States; and grant under this section, an eligible entity ally binding procedures for resolving labor (B) describes the skill sets required for shall submit to the Secretary an application disputes arising during the covered project each type of position listed under subpara- at such time, in such manner, and con- labor agreement; and graph (A); and taining such information as the Secretary (v) provides other mechanisms for labor- (3) not later than 1 year after the date of may require, including— management cooperation on matters of mu- enactment of this Act, make publicly avail- (A) a plan for how the eligible entity will tual interest and concern, including produc- able and submit to Congress a report that— use grant funds to carry out the activities tivity, quality of work, safety, and health. (C) PROJECT LABOR AGREEMENT.—The term (A) describes the results of that study; described in paragraphs (1) through (3) of ‘‘project labor agreement’’ means a pre-hire (B) includes the comprehensive list de- subsection (b); collective bargaining agreement with one or scribed in paragraph (2); and (B) a description of the manner in which more labor organizations that establishes (C) provides recommendations— the eligible entity has carried out the con- the terms and conditions of employment for (i) for creating a credentialing program sultation required under paragraph (2); and a specific construction project and is de- that may be administered by community (C) information demonstrating that each scribed in section 8(f) of the National Labor colleges, technical schools, and other train- native plant species described in subsection Relations Act (29 U.S.C. 158(f)). ing institutions; and (b)(2) will— (ii) that reflect best practices for wind (D) QUALIFIED ENTITY.—The term ‘‘quali- (i)(I) reduce flood risk; fied entity’’ means an entity that the Sec- technician training programs, as identified (II) improve hydrology and water storage by representatives of the wind industry. retary of Labor certifies as a qualified entity capacities; or in accordance with paragraph (2). (b) STAKEHOLDERS DESCRIBED.—The stake- (III) reduce fire hazard; and (E) REGISTERED APPRENTICESHIP PRO- holders referred to in subsection (a) are— (ii) protect and restore rivers and streams GRAM.—The term ‘‘registered apprenticeship (1) the Department of Defense; and associated riparian habitats, including program’’ has the meaning given the term in (2) the Department of Education; fish and wildlife resources that are depend- section 171 of the Workforce Innovation and (3) the Department; ent on those habitats. Opportunity Act (29 U.S.C. 3226). (4) the Department of Labor; (2) CONSULTATION.—An eligible entity seek- (2) CERTIFICATION OF QUALIFIED ENTITIES.— (5) the Department of Veterans Affairs; ing a grant under this section shall consult (A) IN GENERAL.—The Secretary of Labor (6) technical schools and community col- with local stakeholders, including conserva- shall establish a process for certifying enti- leges that have wind technician training pro- tion groups, to create the plan described in ties that submit an application under sub- grams; and paragraph (1)(A). paragraph (B) as qualified entities for pur- (7) the wind industry. (d) REPORT.—An eligible entity that re- poses of the amendments made by sub- (c) FUNDING.—Of the amounts made avail- ceives a grant under this section shall sub- sections (b), (c), and (d). able to the Secretary for administrative ex- mit to the Secretary a report at such time, (B) APPLICATION PROCESS.— penses to carry out other programs under the in such manner, and containing such infor- (i) IN GENERAL.—An entity seeking certifi- authority of the Secretary, the Secretary mation as the Secretary may require, includ- cation as a qualified entity under this para- shall use to carry out this section $500,000. ing information on methodology and out- graph shall submit an application to the Sec- comes of nonnative plant species removal retary of Labor at such time, in such man- SA 1393. Ms. SINEMA submitted an and replacement efforts. ner, and containing such information as the amendment intended to be proposed by (e) AUTHORIZATION OF APPROPRIATIONS.— Secretary of Labor may reasonably require, her to the bill S. 2657, to support inno- There is authorized to be appropriated to including information to demonstrate com- vation in advanced geothermal re- carry out this section $10,000,000 for fiscal pliance with the requirements under sub- year 2021 and each fiscal year thereafter. search and development, and for other paragraph (C). (ii) REQUESTS FOR ADDITIONAL INFORMA- purposes; which was ordered to lie on SA 1394. Mr. MERKLEY submitted an TION.—Not later than 1 year after receiving the table; as follows: amendment intended to be proposed by an application from an entity under clause At the end, add the following: him to the bill S. 2657, to support inno- (i)—

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.077 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1339 (I) the Secretary of Labor may request ad- (hh) section 503 of the Rehabilitation Act conditional offer would pose a threat to na- ditional information from the entity in order of 1973 (29 U.S.C. 793); tional security. to determine whether the entity is in com- (ii) section 4212 of title 38, United States (ii) DAVIS-BACON ACT.—The Secretary of pliance with the requirements under sub- Code; Labor shall have, with respect to the labor paragraph (C); and (jj) the Family and Medical Leave Act of standards described in clause (i)(I), the au- (II) the entity shall provide such additional 1993 (29 U.S.C. 2601 et seq.); thority and functions set forth in Reorga- information. (kk) title VII of the Civil Rights Act of 1964 nization Plan Numbered 14 of 1950 (64 Stat. (iii) DETERMINATION DEADLINE.—The Sec- (42 U.S.C. 2000e et seq.); 1267; 5 U.S.C. App.) and section 3145 of title retary of Labor shall make a determination (ll) the Americans with Disabilities Act of 40, United States Code. on whether to certify an entity under this 1990 (42 U.S.C. 12101 et seq.); (D) PERIOD OF VALIDITY FOR CERTIFI- paragraph not later than— (mm) the Age Discrimination in Employ- CATIONS.—A certification made under this (I) in a case in which such Secretary re- ment Act of 1967 (29 U.S.C. 621 et seq.); paragraph shall be in effect for a period of 5 quests additional information described in (nn) Executive Order 13658 (79 Fed. Reg. years. An entity may reapply to the Sec- clause (ii)(I), 1 year after such Secretary re- 9851; relating to establishing a minimum retary of Labor for an additional certifi- ceives such additional information from the wage for contractors); or cation under this paragraph in accordance entity; or (oo) equivalent State laws, as defined in with the application process under subpara- (II) in a case that is not described in sub- guidance issued by the Secretary of Labor. graph (B). clause (I), 1 year after the date on which the (V) The entity, and all contractors and (E) REVOCATION OF QUALIFIED ENTITY STA- entity submits the application under clause TUS.—The Secretary of Labor may revoke subcontractors in the performance of any ap- (i). the certification of an entity under this plicable construction project, shall not re- (iv) PRE-CERTIFICATION REMEDIES.—The paragraph as a qualified entity at any time quire mandatory arbitration for any dispute Secretary of Labor shall consider any correc- in which the Secretary of Labor determines involving a worker engaged in a service for tive actions taken by an entity seeking cer- the entity is no longer in compliance with the entity. tification under this paragraph to remedy an subparagraph (C). (VI) The entity, and all contractors and administrative merits determination, arbi- (3) AUTHORIZATION OF APPROPRIATIONS.— subcontractors in the performance of any ap- tral award or decision, or civil judgment There is authorized to be appropriated to plicable construction project, shall consider identified under subparagraph (C)(i)(IV) and carry out this subsection $10,000,000 for fiscal an individual performing any service in such shall impose as a condition of certification year 2021 and each fiscal year thereafter. performance as an employee (and not an any additional remedies necessary to avoid (b) JOBS IN ENERGY CREDIT.— independent contractor) of the entity, con- further or repeated violations. (1) IN GENERAL.—Subpart E of part IV of tractor, or subcontractor, respectively, un- (C) LABOR STANDARDS REQUIREMENTS.— subchapter A of chapter 1 of the Internal less— (i) IN GENERAL.—The Secretary of Labor Revenue Code of 1986 is amended by inserting shall require an entity, as a condition of cer- (aa) the individual is free from control and after section 48C the following new section: direction in connection with the perform- tification under this paragraph, to satisfy ‘‘SEC. 48D. JOBS IN ENERGY CREDIT. ance of the service, both under the contract each of the following requirements: ‘‘(a) INVESTMENT CREDIT FOR QUALIFIED for the performance of the service and in (I) The entity shall ensure that all laborers PROPERTY.—For purposes of section 46, the and mechanics employed by contractors and fact; Jobs in Energy credit for any taxable year in subcontractors in the performance of any ap- (bb) the service is performed outside the which the taxpayer has been certified as a plicable construction project shall be paid usual course of the business of the entity, qualified entity (as defined in subsection (e)) wages at rates not less than those prevailing contractor, or subcontractor, respectively; is an amount equal to 10 percent of the quali- on projects of a similar character in the lo- and fied investment for such taxable year with cality as determined by the Secretary of (cc) the individual is customarily engaged respect to— Labor in accordance with subchapter IV of in an independently established trade, occu- ‘‘(1) any qualified facility, chapter 31 of title 40, United States Code pation, profession, or business of the same ‘‘(2) qualified carbon capture and seques- (commonly known as the ‘‘Davis-Bacon nature as that involved in such service. tration equipment, and Act’’). (VII) The entity shall prohibit all contrac- ‘‘(3) energy storage property. (II) The entity shall give preference in hir- tors and subcontractors in the performance ‘‘(b) QUALIFIED INVESTMENT WITH RESPECT ing to workers who— of any applicable construction project from TO ANY QUALIFIED FACILITY.— (aa) have been previously employed in the hiring employees through a temporary staff- ‘‘(1) IN GENERAL.—For purposes of sub- fossil fuel industry; ing agency unless the relevant State work- section (a)(1), the qualified investment with (bb) are members of deindustrialized com- force agency certifies that temporary em- respect to any qualified facility for any tax- munities; or ployees are necessary to address an acute, able year is the basis of any qualified prop- (cc) are members of communities with a short-term labor demand. erty placed in service by the taxpayer during significant presence of fossil fuel infrastruc- (VIII) The entity shall require all contrac- such taxable year which is part of a qualified ture or operations. tors, subcontractors, successors in interest facility. (III) The entity shall be a party to, or re- of the entity, and other entities that may ac- ‘‘(2) QUALIFIED PROPERTY.—The term quire contractors and subcontractors in the quire the entity, in the performance or ac- ‘qualified property’ means property— performance of any applicable construction quisition of any applicable construction ‘‘(A) which is— project to consent to, a covered project labor project, to have an explicit neutrality policy ‘‘(i) tangible personal property, or agreement. on any issue involving the organization of ‘‘(ii) other tangible property (not including (IV) The entity, and all contractors and employees of the entity, and all contractors a building or its structural components), but subcontractors in performance of any appli- and subcontractors in the performance of only if such property is used as an integral cable construction project, shall represent in any applicable construction project, for pur- part of the qualified facility, the application submitted under subpara- poses of collective bargaining. ‘‘(B) with respect to which depreciation (or graph (B) whether there has been any admin- (IX) The entity shall, for each skilled craft amortization in lieu of depreciation) is al- istrative merits determination, arbitral employed on any applicable construction lowable, award or decision, or civil judgment, as de- project, demonstrate an ability to use and ‘‘(C) which is constructed, reconstructed, fined in guidance issued by the Secretary of commit to use individuals enrolled in a reg- erected, or acquired by the taxpayer, and Labor, rendered against the entity in the istered apprenticeship program, which such ‘‘(D) the original use of which commences preceding 3 years for violations of— individuals shall, to the greatest extent with the taxpayer. (aa) the Fair Labor Standards Act of 1938 practicable, constitute not less than 20 per- ‘‘(3) QUALIFIED FACILITY.—For purposes of (29 U.S.C. 201 et seq.); cent of the individuals working on such this section, the term ‘qualified facility’ (bb) the Occupational Safety and Health project. means a facility which is— Act of 1970 (29 U.S.C. 651 et seq.); (X) The entity, and all contractors and ‘‘(A)(i) used for the generation of elec- (cc) the Migrant and Seasonal Agricultural subcontractors in the performance of any ap- tricity from qualified energy resources (as Worker Protection Act (29 U.S.C. 1801 et plicable construction project, shall not re- such term is defined in section 45(c)(1)), or seq.); quest or otherwise consider the criminal his- ‘‘(ii) described in section 638(a)(1) of the (dd) the National Labor Relations Act (29 tory of an applicant for employment before Energy Policy Act of 2005 (42 U.S.C. U.S.C. 151 et seq.); extending a conditional offer to the appli- 16014(a)(1)), and (ee) subchapter IV of chapter 31 of title 40, cant, unless— ‘‘(B) originally placed in service after De- United States Code (commonly known as the (aa) a background check is otherwise re- cember 31, 2021. ‘‘Davis-Bacon Act’’); quired by law; ‘‘(c) QUALIFIED INVESTMENT WITH RESPECT (ff) chapter 67 of title 41, United States (bb) the position is for a Federal law en- TO QUALIFIED CARBON CAPTURE AND SEQUES- Code (commonly known as the ‘‘Service Con- forcement officer (as defined in section 115(c) TRATION EQUIPMENT.— tract Act’’); of title 18, United States Code) position; or ‘‘(1) IN GENERAL.—For purposes of sub- (gg) Executive Order 11246 (42 U.S.C. 2000e (cc) the Secretary of Labor, in consulta- section (a)(2), the qualified investment with note; relating to equal employment oppor- tion with the Secretary of Energy, certifies respect to qualified carbon capture and se- tunity); that precluding criminal history prior to the questration equipment for any taxable year

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.078 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1340 CONGRESSIONAL RECORD — SENATE March 3, 2020 is the basis of any qualified carbon capture applicable requirements described in para- property placed in service after December 31, and sequestration equipment placed in serv- graph (1) prior to the date with respect to 2021. ice by the taxpayer during such taxable year. which construction of the property begins, (e) CLEAN ENERGY MANUFACTURING INITIA- ‘‘(2) QUALIFIED CARBON CAPTURE AND SE- and TIVE.— QUESTRATION EQUIPMENT.—The term ‘quali- ‘‘(B) maintains such certification for the (1) IN GENERAL.—The Secretary shall estab- fied carbon capture and sequestration equip- entirety of the period beginning on the date lish a Clean Energy Manufacturing Initiative ment’ means property— described in subparagraph (A) and ending on within the Department— ‘‘(A) installed at a facility placed in serv- the date in which the property is placed in (A) to increase the competitiveness of the ice before January 1, 2021, which— service.’’. United States in manufacturing clean energy ‘‘(i) produces electricity, or (2) CONFORMING AMENDMENTS.— technologies; ‘‘(ii) emits greenhouse gases as a result of (A) Section 46 of such Code is amended— (B) to increase the competitiveness of the industrial processes, (i) by striking ‘‘and’’ at the end of para- United States across the manufacturing sec- ‘‘(B) which results in the elimination of graph (5), tor by— carbon dioxide emissions from the facility (ii) by striking the period at the end of (i) boosting energy productivity; and through the capture and disposal or utiliza- paragraph (6) and inserting ‘‘, and’’, and (ii) leveraging clean affordable domestic tion of qualified carbon dioxide (as defined in (iii) by adding at the end the following new energy resources and feedstocks; and paragraph (3)), paragraph: (C) to develop manufacturing supply ‘‘(C) with respect to which depreciation is ‘‘(7) the Jobs in Energy credit.’’. chains— allowable, (B) Section 49(a)(1)(C) of such Code is (i) for the clean energy economy; ‘‘(D) which is constructed, reconstructed, amended— (ii) that prioritize family-sustaining jobs; erected, or acquired by the taxpayer, and (i) by striking ‘‘and’’ at the end of clause and ‘‘(E) the original use of which commences (iv), (iii) that prioritize the development of with the taxpayer. (ii) by striking the period at the end of manufacturing facilities in deindustrialized ‘‘(3) QUALIFIED CARBON DIOXIDE.—The term clause (v) and inserting a comma, and communities. ‘qualified carbon dioxide’ means carbon diox- (iii) by adding at the end the following new (2) CLEAN JOBS WORKFORCE HUB.— ide captured from an industrial source clauses: (A) IN GENERAL.—As part of the Clean En- which— ‘‘(vi) the basis of any qualified property ergy Manufacturing Initiative established ‘‘(A) would otherwise be released into the which is part of a qualified facility under under paragraph (1), the Secretary shall es- atmosphere as industrial emission of green- section 48D, tablish a clean jobs workforce hub under house gas, ‘‘(vii) the basis of any qualified carbon cap- which the Secretary shall convene the enti- ‘‘(B) is measured at the source of capture ture and sequestration equipment under sec- ties described in subparagraph (B) to work and verified at the point of disposal or utili- tion 48D, and together to train and provide direct assist- zation, ‘‘(viii) the basis of any energy storage ance to underserved communities in access- ‘‘(C)(i) is disposed of by the taxpayer in se- property under section 48D.’’. ing renewable energy-related jobs. cure geological storage (as such term is de- (C) The table of sections for subpart E of NTITIES DESCRIBED.—The entities re- fined under section 45Q(f)(2)), or (B) E part IV of subchapter A of chapter 1 of such ‘‘(ii) utilized by the taxpayer in a manner ferred to in subparagraph (A) are— Code is amended by inserting after the item described in section 45Q(f)(5), and (i) labor organizations; relating to section 48C the following new ‘‘(D) is captured and disposed or utilized (ii) renewable energy employers and indus- item: within the United States (within the mean- try; ing of section 638(1)) or a possession of the ‘‘48D. Jobs in Energy credit.’’. (iii) frontline and deindustrialized commu- United States (within the meaning of section (3) EFFECTIVE DATE.—The amendments nities; and 638(2)). made by this subsection shall apply to prop- (iv) any other community, industry, or ‘‘(d) QUALIFIED INVESTMENT WITH RESPECT erty placed in service after December 31, public sector stakeholders, as determined by TO ENERGY STORAGE PROPERTY.— 2021. the Secretary. ‘‘(1) IN GENERAL.—For purposes of sub- (c) EXTENSION AND ENHANCEMENT OF NEW (C) FUNDING.—Of the funding authorized section (a)(3), the qualified investment with ENERGY EFFICIENT HOME CREDIT.— under paragraph (3) for each fiscal year, the respect to energy storage property for any (1) EXTENSION.—Subsection (g) of section Secretary shall use to carry out this para- taxable year is the basis of any energy stor- 45L of the Internal Revenue Code of 1986 is graph $25,000,000 each fiscal year. age property placed in service by the tax- amended by striking ‘‘December 31, 2020’’ and (3) AUTHORIZATION OF APPROPRIATIONS.— payer during such taxable year. inserting ‘‘December 31, 2030’’. There is authorized to be appropriated to the ‘‘(2) ENERGY STORAGE PROPERTY.—The term (2) INCREASE IN CREDIT FOR QUALIFIED ENTI- Secretary to carry out this subsection ‘energy storage property’ means property— TIES.—Subsection (a) of such section is $100,000,000 for fiscal year 2021 and each fiscal ‘‘(A) which receives, stores, and delivers amended by adding at the end the following: year thereafter. electricity, or energy for conversion to elec- ‘‘(3) ADJUSTMENT FOR QUALIFIED ENTITIES.— (f) JOB CREATION THROUGH ENERGY EFFI- tricity, provided that such electricity is— In the case of any taxable year in which the CIENT MANUFACTURING.— ‘‘(i) sold by the taxpayer to an unrelated eligible contractor has been certified as a (1) DEFINITIONS.—In this subsection: person, or qualified entity (as defined in section (A) ENERGY MANAGEMENT PLAN.—The term ‘‘(ii) in the case of a facility which is 48D(e)), paragraph (2) shall be applied— ‘‘energy management plan’’ means a plan es- equipped with a metering device which is ‘‘(A) in subparagraph (A) of such para- tablished under paragraph (2)(C)(v). owned and operated by an unrelated person, graph, by substituting ‘$2,200’ for ‘$2,000’, and (B) PROGRAM.—The term ‘‘program’’ means sold or consumed by the taxpayer, ‘‘(B) in subparagraph (B) of such para- the Financing Energy Efficient Manufac- ‘‘(B) with respect to which depreciation is graph, by substituting ‘$1,100’ for ‘$1,000’.’’. turing Program established under paragraph allowable, (3) EFFECTIVE DATE.—The amendments (2)(A). ‘‘(C) which is constructed, reconstructed, made by this subsection shall apply to any (C) PROGRAM MANAGER.—The term ‘‘pro- erected, or acquired by the taxpayer, qualified new energy efficient home acquired gram manager’’ means a qualified entity ‘‘(D) the original use of which commences after December 31, 2021. that receives a grant under paragraph (2)(A). with the taxpayer, and (d) EXTENSION AND ENHANCEMENT OF EN- (D) PROJECT.—The term ‘‘project’’ means ‘‘(E) which is placed in service after De- ERGY EFFICIENT COMMERCIAL BUILDING DE- an energy efficiency improvement project cember 31, 2021. DUCTION.— carried out by a small- or medium-sized ‘‘(e) QUALIFIED ENTITY.— (1) EXTENSION.—Subsection (h) of section manufacturer using grant funds distributed ‘‘(1) IN GENERAL.—For purposes of this sec- 179D of the Internal Revenue Code of 1986 is by a project manager. tion, the term ‘qualified entity’ means an en- amended by striking ‘‘December 31, 2020’’ and (E) QUALIFIED ENTITY.—The term ‘‘quali- tity which has been certified by the Sec- inserting ‘‘December 31, 2030’’. fied entity’’ means— retary of Labor as being in compliance with (2) INCREASE IN DEDUCTION FOR QUALIFIED (i) a State energy office; all of the applicable requirements under sec- ENTITIES.—Subsection (d) of such section is (ii) a nonprofit organization that— tion 2307(a) of the American Energy Innova- amended by adding at the end the following: (I) is focused on providing energy effi- tion Act of 2020. ‘‘(7) ADJUSTMENT FOR QUALIFIED ENTITIES.— ciency or renewable energy services; and ‘‘(2) AGGREGATION RULE.—All persons which In the case of any energy efficient commer- (II) receives funding from a State, Tribe, or are treated as a single employer under sub- cial building property placed in service dur- utility; sections (a) and (b) of section 52 shall be ing any taxable year, if such property was (iii) an electric cooperative group; and treated as a single taxpayer. installed by an entity which is certified as a (iv) an entity with a public-private part- ‘‘(3) REQUIREMENT FOR CERTIFICATION PRIOR qualified entity (as defined in section 48D(e)) nership under the Hollings Manufacturing TO CONSTRUCTION.—For purposes of this sec- for such taxable year, subsection (b)(1) shall Extension Partnership established under sec- tion, an entity shall not be considered a be applied by substituting ‘$2.00’ for ‘$1.80’ in tion 25(b) of the National Institute of Stand- qualified entity unless such entity— subparagraph (A) thereof.’’. ards and Technology Act (15 U.S.C. 278k(b)). ‘‘(A) has been certified by the Secretary of (3) EFFECTIVE DATE.—The amendments (F) SMALL- OR MEDIUM-SIZED MANUFAC- Labor as being in compliance with all of the made by this subsection shall apply to any TURER.—The term ‘‘small- or medium-sized

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manufacturer’’ means a manufacturing es- (bb) PRIORITY.—In making selections under Regulation) that does not otherwise qualify tablishment— item (aa), the Secretary shall give priority as an iron or steel product, including— (i) classified in Sector 31, 32, or 33 in the to qualified entities that demonstrate— (aa) an electrical component; North American Industry Classification Sys- (AA) effective methods for reducing bar- (bb) a non-ferrous building material, in- tem; and riers to entry that might otherwise prevent cluding— (ii) that employs not more than 750 em- small- and medium-sized manufacturers (AA) aluminum and polyvinylchloride; ployees. from participating in the subgrant program (BB) glass; (2) FINANCING ENERGY EFFICIENT MANUFAC- under subparagraph (C); (CC) fiber optics; TURING PROGRAM.— (BB) flexibility in addressing the needs of (DD) plastic; (A) ESTABLISHMENT.—The Secretary shall different small- and medium-sized manufac- (EE) wood; establish a program, to be known as the ‘‘Fi- turers; and (FF) masonry; nancing Energy Efficient Manufacturing (CC) a commitment to hiring for projects (GG) rubber; Program’’ to provide grants to qualified enti- contractors that comply with the labor re- (HH) manufactured stone; and ties to fund energy efficiency improvement quirements described in subparagraph (D)(ii). (II) any other non-ferrous metals; and projects in the manufacturing sector. (C) SUBGRANTS FOR ENERGY EFFICIENCY IM- (cc) any unmanufactured construction ma- (B) GRANT APPLICATIONS; SELECTION OF PROVEMENTS.— terial. GRANT RECIPIENTS.— (i) IN GENERAL.—A qualified entity (includ- (II) PRODUCED IN THE UNITED STATES.— (i) GRANT APPLICATIONS.— ing a partnership of 1 or more qualified enti- (aa) IN GENERAL.—The term ‘‘produced in (I) IN GENERAL.—Not later than 180 days ties under subparagraph (B)(i)(II)) that re- the United States’’— after the date of enactment of this Act, ceives a grant under subparagraph (A) shall (AA) with respect to an iron or steel prod- qualified entities desiring a grant under sub- act as a program manager to distribute sub- uct or an iron or steel manufactured prod- paragraph (A) shall submit to the Secretary grants to small- and medium-sized manufac- uct, means that all manufacturing processes an application in such manner and con- turers located in the State in which the pro- for, and materials and components of, the taining such information as the Secretary gram manager is located to carry out iron or steel product or iron or steel manu- may require, including a description of— projects— factured product, from the initial melting (aa) how the qualified entity will work (I) to improve the energy efficiency of the stage through the application of coatings, with small- and medium-sized manufacturers small- or medium-sized manufacturer; and occurred in the United States; and to assess the most promising opportunities (II) to develop technologies to reduce elec- (BB) with respect to an iron or steel manu- for energy efficiency improvements; tricity or natural gas use by the small- or factured product, means that— (bb) how the qualified entity will work medium-sized manufacturer. (CC) the iron or steel manufactured prod- with small- and medium-sized manufacturers (ii) APPLICATIONS.—A small- or medium- uct was manufactured in the United States; and, if appropriate, licensed engineers to es- sized manufacturer desiring a subgrant and tablish an energy management plan for the under clause (i) shall submit to the program (DD) the cost of the components of the iron small- or medium-sized manufacturer to manager an application at such time, in such or steel manufactured product that were carry out a project; manner, and containing such information as mined, produced, or manufactured in the (cc) the methods and cost-sharing plans the program manager may require, including United States is greater than 60 percent of the qualified entity will use to distribute a proposal describing the project to be car- the total cost of the components of the iron funds to small- and medium-sized manufac- ried out using the subgrant funds. or steel manufactured product. turers to subsidize the costs of carrying out (iii) PRIORITY.—In selecting small- or me- (bb) EXCLUSIONS.—The term ‘‘produced in a project; dium-sized manufacturers for subgrants the United States’’, with respect to an iron (dd) the standards by which the qualified under this subparagraph, the program man- or steel product or an iron or steel manufac- entity will set energy efficiency goals for a ager shall give priority to small- or medium- tured product, does not include an iron or project that will result in meaningful reduc- sized manufacturers that commit to hiring steel product or an iron or steel manufac- tions in electricity or natural gas use by the for projects contractors that comply with tured product the materials and components small- or medium-sized manufacturer car- the labor requirements described in subpara- of which were manufactured— rying out the project; graph (D)(ii). (AA) abroad from semi-finished steel or (ee) how the qualified entity will provide (iv) ELIGIBILITY REQUIREMENTS.—To be eli- iron from the United States; or support to the small- or medium-sized manu- gible to receive a subgrant under clause (i), (BB) in the United States from semi-fin- facturer carrying out a project during the a small- or medium-sized manufacturer shall ished steel or iron of foreign origin. implementation of the energy management be a private, nongovernmental entity. (ii) REQUIREMENT.—Funds made available plan; (v) ENERGY MANAGEMENT PLANS.—Each under the program may not be used for a (ff)(AA) any history of the qualified entity small- or medium-sized manufacturer receiv- project unless all of the iron and steel prod- of working collaboratively with the regional ing a subgrant under clause (i), in consulta- ucts and iron and steel manufactured prod- technical assistance programs of the Depart- tion with the program manager and, if ap- ucts used in the project are produced in the ment; and propriate, 1 or more licensed engineers, shall United States. (BB) how the qualified entity plans to in- establish an energy management plan for the (iii) WAIVER.— volve the regional technical assistance pro- small- or medium-sized manufacturer to (I) IN GENERAL.—On request of the recipi- grams in the activities to be funded by a carry out the project. ent of a grant under the program, the Sec- grant; and (vi) EFFECT ON TITLE TO PROPERTY.—The re- retary may grant for the project of the re- (gg) how the qualified entity will collect ceipt of Federal funds under this subpara- cipient of the grant a waiver of the require- measurements throughout the implementa- graph shall not prohibit an entity that pur- ment described in clause (ii) if the Secretary tion of the energy management plan— chased equipment or other property using finds that— (AA) to demonstrate how energy efficiency those funds from owning sole, permanent (aa) the application of clause (ii) would be improvements are being achieved; and title to the equipment or other property. inconsistent with the public interest; (BB) to maximize opportunities for project (D) CONTRACTORS.— (bb) iron or steel products or iron or steel success. (i) IN GENERAL.—Program managers and manufactured products are not produced in (II) PARTNERSHIPS.—Two or more qualified small- or medium-sized manufacturers may the United States— entities may form a partnership to apply, hire, if necessary, contractors to perform (AA) in sufficient and reasonably available and act as program manager, for a grant work relating to the installation, repair, or quantities; or under this paragraph. maintenance of equipment used under a (BB) of a satisfactory quality; or (ii) SELECTION OF GRANT RECIPIENTS.— project. (cc) the inclusion of iron or steel products (I) IN GENERAL.—Not later than 90 days (ii) LABOR REQUIREMENTS.—In an applica- or iron or steel manufactured products pro- after the date on which the Secretary re- tion for a grant or subgrant under this para- duced in the United States would increase ceives an application under clause (i), the graph, a program manager or a small- or me- the cost of the overall project by greater Secretary shall— dium-sized manufacturer, respectively, shall than 25 percent. (aa) review the application; commit to hiring contractors that are cer- (II) PUBLIC NOTICE.—On receipt of a request (bb) provide the applicant with an oppor- tified by the Secretary of Labor under sub- for a waiver under subclause (I), the Sec- tunity to respond to any questions of the section (a) as being in compliance with all of retary shall— Secretary regarding the application; and the applicable requirements under that sub- (aa) make available to the public, includ- (cc) select or deny the applicant based on section. ing by electronic means, including on the of- the criteria described in subclause (II). (E) AMERICAN IRON, STEEL, AND MANUFAC- ficial public website of the Department, on (II) SELECTION CRITERIA.— TURED PRODUCTS.— an informal basis, a copy of the request and (aa) IN GENERAL.—The Secretary shall se- (i) DEFINITIONS.—In this subparagraph: all information available to the Secretary lect for grants under this paragraph qualified (I) IRON OR STEEL MANUFACTURED PROD- relating to the request; and entities that demonstrate a history of suc- UCT.—The term ‘‘iron or steel manufactured (bb) provide for informal public input on cessfully implementing energy efficiency im- product’’ includes any construction material the request for a period of not fewer than 15 provement programs for small- and medium- or end product (as those terms are defined in days before making with respect to the re- sized manufacturers. subpart 25.003 of the Federal Acquisition quest the finding described in subclause (I).

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(F) REPORTING REQUIREMENTS.— (C) may not be implemented, administered, (2) a final rule or direct final rule described (i) IN GENERAL.—Each program manager enforced, or carried out by any Federal agen- in subsection (a)(2)(A)(i); shall— cy, including— (3) a proposed rule or a proposed deter- (I) determine what data shall be required— (i) the Office of Management and Budget; mination described in subsection (a)(2)(B); or (aa) to be collected by or from each small- (ii) the Council of Economic Advisers; (4) a rescission of a waiver described in or medium-sized manufacturer receiving a (iii) the Council on Environmental Qual- subsection (a)(3). subgrant under subparagraph (C); and ity; (c) SAVINGS PROVISION.—Nothing in this (bb) to be submitted to the program man- (iv) the Environmental Protection Agency; section shall be construed to impair any au- ager to permit analysis of the subgrant pro- (v) the Department of the Interior; and thority granted to the President. gram under subparagraph (C); and (vi) any other agency directed to imple- (II) develop metrics to determine the suc- ment the Executive Order. SA 1397. Mr. WYDEN submitted an cess of the subgrant program under subpara- (2) FEDERAL RULES.— amendment intended to be proposed by graph (C). (A) FINAL RULES.— him to the bill S. 2657, to support inno- (ii) PROVISION OF DATA.—As a condition of (i) IN GENERAL.—On and after the date of vation in advanced geothermal re- receiving a subgrant under subparagraph (C), enactment of this Act, the following rules search and development, and for other a small- or medium-sized manufacturer shall are null and void: purposes; which was ordered to lie on provide to the program manager relevant (I) The final rule issued by the Adminis- the table; as follows: data, as determined by the program manager trator of the Environmental Protection At the end, add the following: under clause (i)(I). Agency entitled ‘‘Repeal of the Clean Power TITLE IV—AMENDMENTS TO THE (iii) PROPRIETARY INFORMATION.—In car- Plan; Emission Guidelines for Greenhouse rying out this paragraph, each program man- Gas Emissions From Existing Electric Util- INTERNAL REVENUE CODE OF 1986 ager, as appropriate, shall provide for the ity Generating Units; Revisions to Emission SEC. 4001. MODIFICATION OF LIMITATIONS ON protection of proprietary information and in- Guidelines Implementing Regulations’’ (84 NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLE CREDIT. tellectual property rights. Fed. Reg. 32520 (July 8, 2019)). (a) IN GENERAL.—Subsection (e) of section (G) FUNDING.— (II) The final rule issued by the Director of 30D of the Internal Revenue Code of 1986 is (i) IN GENERAL.—Out of amounts made the Bureau of Land Management entitled amended to read as follows: available to the Secretary and not otherwise ‘‘Waste Prevention, Production Subject to ‘‘(e) LIMITATION ON NUMBER OF NEW QUALI- obligated, the Secretary shall use to carry Royalties, and Resource Conservation; Delay FIED PLUG-IN ELECTRIC DRIVE MOTOR VEHI- out this paragraph not more than and Suspension of Certain Requirements’’ (82 CLES ELIGIBLE FOR CREDIT.— $600,000,000. Fed. Reg. 58050 (December 8, 2017)). ‘‘(1) IN GENERAL.—In the case of any new (ii) REQUIREMENTS FOR PROGRAM MAN- (III) The final rule of the Secretary of En- qualified plug-in electric drive motor vehicle AGERS.—A program manager shall use not ergy entitled ‘‘Energy Conservation Pro- sold after the date of the enactment of the greater than 7 percent of the grant funds re- gram: Definition for General Service Lamps’’ American Energy Innovation Act of 2020— ceived by the program manager, at the dis- (84 Fed. Reg. 46661 (September 5, 2019)). ‘‘(A) if such vehicle is sold during the tran- cretion of the program manager— (IV) The final rule of the Administrator of sition period, the amount determined under (I) to hire and train staff to assist the pro- the Environmental Protection Agency enti- subsection (b)(2) shall be reduced by $500, and gram manager in administering the subgrant tled ‘‘Adopting Requirements in Emission ‘‘(B) if such vehicle is sold during the program of the program manager; and Guidelines for Municipal Solid Waste Land- phaseout period, only the applicable percent- (II) to market the subgrant program to fills’’ (84 Fed. Reg. 44547 (August 26, 2019)). age of the credit otherwise allowable under small- and medium-sized manufacturers. (ii) EFFECT.—On and after the date of en- subsection (a) shall be allowed. (iii) MANAGEMENT AND OVERSIGHT.—The actment of this Act, the portions of the Code ‘‘(2) TRANSITION PERIOD.—For purposes of Secretary may use not greater than 0.25 per- of Federal Regulations amended by the rules this subsection, the transition period is the cent of the funds made available under described in clause (i) shall be in effect as if period subsequent to the first date on which clause (i) to carry out subparagraph (E). the amendments made by those rules had not the number of new qualified plug-in electric (g) INCENTIVES FOR INNOVATIVE TECH- been made. drive motor vehicles manufactured by the NOLOGIES.—Section 1703(b) of the Energy Pol- (B) PROPOSED RULES.—The applicable agen- manufacturer of the vehicle referred to in icy Act of 2005 (42 U.S.C. 16513(b)) is amend- cy may not finalize the following rules: paragraph (1) sold for use in the United ed— (i) The proposed rule issued by the Admin- States after December 31, 2009, is at least (1) by redesignating paragraphs (1) through istrator of the Environmental Protection 200,000. (10) as subparagraphs (A) through (J), respec- Agency entitled ‘‘Oil and Natural Gas Sec- ‘‘(3) PHASEOUT PERIOD.— tively, and indenting appropriately; tor: Emission Standards for New, Recon- ‘‘(A) IN GENERAL.—For purposes of this sub- (2) in the matter preceding subparagraph structed, and Modified Sources Review’’ (Au- section, the phaseout period is the period be- (A) (as so redesignated), by striking gust 28, 2019). ginning with the second calendar quarter fol- ‘‘Projects’’ and inserting the following: (ii) The proposed rule issued by the Admin- lowing the calendar quarter which includes ‘‘(1) IN GENERAL.—Projects’’; and istrator of the Environmental Protection the first date on which the number of new (3) by adding at the end the following: Agency and the Administrator of the Na- qualified plug-in electric drive motor vehi- ‘‘(2) PRIORITY.—In making guarantees tional Highway Traffic Safety Administra- cles manufactured by the manufacturer of under this section, the Secretary shall give tion entitled ‘‘The Safer Affordable Fuel-Ef- the vehicle referred to in paragraph (1) sold priority to projects proposed by applicants ficient (SAFE) Vehicle Rules for Model for use in the United States after December that commit to hiring contractors that have Years 2021–2026 Passenger Cars and Light 31, 2009, is at least 600,000. been certified by the Secretary of Labor Trucks’’ (83 Fed. Reg. 42986 (August 24, 2018)). ‘‘(B) APPLICABLE PERCENTAGE.—For pur- under section 2307(a) of the American Energy (iii) The proposed determination of the poses of paragraph (1)(B), the applicable per- Innovation Act of 2020 as being in compli- Secretary of Energy entitled ‘‘Energy Con- centage is— ance with all of the applicable requirements servation Program: Energy Conservation ‘‘(i) 50 percent for the first calendar quar- under that section.’’. Standards for General Service Incandescent ter of the phaseout period, and Lamps’’ (84 Fed. Reg. 46830 (September 5, ‘‘(ii) 0 percent for each calendar quarter 2019)). SA 1396. Mr. BENNET submitted an thereafter. (3) CLEAN AIR ACT WAIVERS.—Notwith- ‘‘(C) EXCLUSION OF SALE OF CERTAIN VEHI- amendment intended to be proposed by standing any other provision of law— him to the bill S. 2657, to support inno- CLES.— (A) any rescission of a waiver granted to ‘‘(i) IN GENERAL.—For purposes of subpara- vation in advanced geothermal re- the State of California to enforce emissions graph (A), any new qualified plug-in electric search and development, and for other standards under the Clean Air Act (42 U.S.C. drive motor vehicle manufactured by the purposes; which was ordered to lie on 7401 et seq.)— manufacturer of the vehicle referred to in the table; as follows: (i) is null and void; and paragraph (1) which was sold during the ex- (ii) shall have no force or effect; and clusion period shall not be included for pur- At the appropriate place, insert the fol- (B) on and after the date of enactment of poses of determining the number of such ve- lowing: this Act, the Administrator of the Environ- hicles sold. SEC. lll. CLEAN AIR, HEALTHY KIDS. mental Protection Agency may not rescind a ‘‘(ii) EXCLUSION PERIOD.—For purposes of (a) EXECUTIVE ORDER, FINAL RULES, AND waiver granted to the State of California to this subparagraph, the exclusion period is PROPOSED RULES TO HAVE NO FORCE OR EF- enforce emissions standards under the Clean the period— FECT.— Air Act (42 U.S.C. 7401 et seq.). ‘‘(I) beginning on the first date on which (1) EXECUTIVE ORDER.—Executive Order (b) NO FEDERAL FUNDS AVAILABLE.—No the number of new qualified plug-in electric 13783 (42 U.S.C. 13201 note; relating to pro- Federal funds made available for any fiscal drive motor vehicles manufactured by the moting energy independence and economic year may be used to implement, administer, manufacturer of the vehicle referred to in growth)— enforce, or carry out— paragraph (1) sold for use in the United (A) is null and void; (1) the Executive Order described in sub- States after December 31, 2009, is at least (B) shall have no force or effect; and section (a)(1); 200,000, and

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.078 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1343 ‘‘(II) ending on the date of the enactment SEC. 4004. ENERGY CREDIT FOR ENERGY STOR- ‘‘(i) which uses the burning of biomass fuel of the American Energy Innovation Act of AGE TECHNOLOGIES. to heat a dwelling unit located in the United 2020. (a) IN GENERAL.—Subclause (II) of section States and used as a residence by the tax- ‘‘(4) CONTROLLED GROUPS.—Rules similar to 48(a)(2)(A)(i) of the Internal Revenue Code of payer, or to heat water for use in such a the rules of section 30B(f)(4) shall apply for 1986 is amended by striking ‘‘paragraph dwelling unit, and purposes of this subsection.’’. (3)(A)(i)’’ and inserting ‘‘clause (i) or (viii) of ‘‘(ii) which has a thermal efficiency rating paragraph (3)(A)’’. (b) EFFECTIVE DATE.—The amendment of at least 75 percent (measured by the high- (b) ENERGY STORAGE TECHNOLOGIES.—Sub- er heating value of the fuel). made by this section shall apply to vehicles paragraph (A) of section 48(a)(3) of the Inter- ‘‘(B) BIOMASS FUEL.—For purposes of this sold after the date of the enactment of this nal Revenue Code of 1986 is amended by section, the term ‘biomass fuel’ means any Act. striking ‘‘or’’ at the end of clause (vi), by plant-derived fuel available on a renewable SEC. 4002. EXTENSION OF CREDIT FOR NEW adding ‘‘or’’ at the end of clause (vii), and by or recurring basis, including agricultural QUALIFIED FUEL CELL MOTOR VE- adding at the end the following new clause: crops and trees, wood and wood waste and HICLES. ‘‘(viii) equipment which receives, stores, residues, plants (including aquatic plants), (a) IN GENERAL.—Section 30B(k)(1) of the and delivers energy using batteries, com- grasses, residues, and fibers. Such term in- Internal Revenue Code of 1986 is amended by pressed air, pumped hydropower, hydrogen cludes densified biomass fuels such as wood striking ‘‘December 31, 2020’’ and inserting storage (including hydrolysis), thermal en- pellets.’’. ‘‘December 31, 2024’’. ergy storage, regenerative fuel cells, (c) EFFECTIVE DATE.—The amendments (b) EFFECTIVE DATE.—The amendments flywheels, capacitors, superconducting made by this section shall apply to expendi- made by this section shall apply to property magnets, or other technologies identified by tures paid or incurred in taxable years begin- purchased after December 31, 2020. the Secretary in consultation with the Sec- ning after December 31, 2019. retary of Energy, and which has a capacity SEC. 4007. INVESTMENT CREDIT FOR WASTE SEC. 4003. EXTENSION OF ENERGY CREDIT FOR of not less than 5 kilowatt hours,’’. OFFSHORE WIND FACILITIES. HEAT TO POWER PROPERTY. (c) PHASEOUT OF CREDIT.—Paragraph (6) of (a) IN GENERAL.—Section 48(a)(3)(A) of the (a) IN GENERAL.—Section 48(a)(5) of the In- section 48(a) of the Internal Revenue Code of Internal Revenue Code of 1986, as amended ternal Revenue Code of 1986 is amended by 1986 is amended— by section 4004(b), is amended— adding at the end the following: (1) by striking ‘‘ENERGY’’ in the heading (1) at the end of clause (vii), by striking ‘‘(F) QUALIFIED OFFSHORE WIND FACILI- and inserting ‘‘AND ENERGY STORAGE’’; and ‘‘or’’; TIES.— (2) by striking ‘‘paragraph (3)(A)(i)’’ both (2) at the end of clause (viii), by inserting ‘‘(i) IN GENERAL.—In the case of any quali- places it appears and inserting ‘‘clause (i) or ‘‘or’’ after the comma; and fied offshore wind facility— (viii) of paragraph (3)(A)’’. (3) by adding at the end the following: ‘‘(I) subparagraph (C)(ii) shall be applied by (d) EFFECTIVE DATE.—The amendments substituting ‘January 1 of the applicable made by this section shall apply to property ‘‘(ix) waste heat to power property,’’. (b) DEFINITIONS AND LIMITATIONS.—Section year (as determined under subparagraph placed in service after December 31, 2019. 48(c) of the Internal Revenue Code of 1986 is (F)(ii))’ for ‘January 1, 2021’, SEC. 4005. RESIDENTIAL ENERGY EFFICIENT amended by adding at the end the following: ‘‘(II) subparagraph (E) shall not apply, and PROPERTY CREDIT FOR BATTERY ‘‘(5) WASTE HEAT TO POWER PROPERTY.— ‘‘(III) for purposes of this paragraph, sec- STORAGE TECHNOLOGY. ‘‘(A) IN GENERAL.—The term ‘waste heat to tion 45(d)(1) shall be applied by substituting (a) IN GENERAL.—Subsection (a) of section power property’ means property— ‘January 1 of the applicable year (as deter- 25D of the Internal Revenue Code of 1986 is ‘‘(i) comprising a system which generates mined under section 48(a)(5)(F)(ii))’ for ‘Jan- amended by striking ‘‘and’’ at the end of electricity through the recovery of a quali- uary 1, 2021’. paragraph (4), by inserting ‘‘and’’ after the fied waste heat resource, and ‘‘(ii) APPLICABLE YEAR.— comma at the end of paragraph (5), and by ‘‘(ii) the construction of which begins be- ‘‘(I) IN GENERAL.—For purposes of this sub- adding at the end the following new para- fore January 1, 2025. paragraph, the term ‘applicable year’ means graph: ‘‘(B) QUALIFIED WASTE HEAT RESOURCE.— the later of— ‘‘(6) the qualified battery storage tech- The term ‘qualified waste heat resource’ ‘‘(aa) calendar year 2025, or nology expenditures,’’. means— ‘‘(bb) the calendar year subsequent to the (b) QUALIFIED BATTERY STORAGE TECH- ‘‘(i) exhaust heat or flared gas from an in- first calendar year in which the Secretary, in NOLOGY EXPENDITURE.—Subsection (d) of sec- dustrial process that does not have, as its consultation with the Secretary of Energy, tion 25D of the Internal Revenue Code of 1986 primary purpose, the production of elec- determines that the United States has in- is amended by adding at the end the fol- tricity, and creased its offshore wind capacity by not less lowing new paragraph: ‘‘(ii) a pressure drop in any gas for an in- than 3,000 megawatts as compared to such ‘‘(6) QUALIFIED BATTERY STORAGE TECH- dustrial or commercial process. capacity on January 1, 2021. NOLOGY EXPENDITURE.—The term ‘qualified ‘‘(C) LIMITATIONS.— ‘‘(II) EXCLUSION OF CERTAIN FACILITIES.— battery storage technology expenditure’ ‘‘(i) IN GENERAL.—For purposes of sub- For purposes of subclause (I)(bb), the Sec- means an expenditure for battery storage section (a)(1), the basis of any waste heat to retary shall not include any increase in off- technology which— power property taken into account under shore wind capacity which is attributable to ‘‘(A) is installed on or in connection with a this section shall not exceed the excess of— any facility the construction of which began dwelling unit located in the United States ‘‘(I) the basis of such property, over before January 1, 2021. and used as a residence by the taxpayer, and ‘‘(II) the fair market value of comparable ‘‘(iii) QUALIFIED OFFSHORE WIND FACILITY.— ‘‘(B) has a capacity of not less than 3 kilo- property which does not have the capacity to For purposes of this subparagraph, the term watt hours.’’. FFECTIVE DATE.—The amendments capture and convert a qualified waste heat ‘qualified offshore wind facility’ means a (c) E made by this section shall apply to expendi- resource to electricity. qualified facility described in paragraph (1) tures paid or incurred in taxable years begin- ‘‘(ii) CAPACITY LIMITATION.—The term of section 45(d) which is located in the inland ning after December 31, 2019. ‘waste heat to power property’ shall not in- navigable waters of the United States, in- clude any property comprising a system if cluding the Great Lakes, or in the coastal SEC. 4006. RESIDENTIAL ENERGY-EFFICIENT PROPERTY CREDIT FOR BIOMASS such system has a capacity in excess of 50 waters of the United States, including the FUEL PROPERTY EXPENDITURES. megawatts.’’. territorial seas of the United States, the ex- (a) ALLOWANCE OF CREDIT.—Section 25D(a) (c) EFFECTIVE DATE.—The amendments clusive economic zone of the United States, of the Internal Revenue Code of 1986, as made by this section shall apply to periods and the outer Continental Shelf of the amended by section 4005(a), is amended— after the date of enactment of this Act, in United States. (1) in paragraph (5), by striking ‘‘and’’ at taxable years ending after such date, under ‘‘(iv) REPORT ON OFFSHORE WIND CAPAC- the end, rules similar to the rules of section 48(m) of ITY.—On January 15, 2025, and annually (2) in paragraph (6), by adding ‘‘and’’ at the the Internal Revenue Code of 1986 (as in ef- thereafter until the calendar year described end, and fect on the day before the date of the enact- in clause (ii)(I)(bb), the Secretary, in con- (3) by inserting after paragraph (6) the fol- ment of the Revenue Reconciliation Act of sultation with the Secretary of Energy, shall lowing: 1990). issue a report to be made available to the ‘‘(7) the qualified biomass fuel property ex- SEC. 4008. ENHANCING ENERGY CREDIT FOR public which discloses the increase in the penditures,’’. GEOTHERMAL ENERGY. offshore wind capacity of the United States, (b) QUALIFIED BIOMASS FUEL PROPERTY EX- (a) IN GENERAL.—Section 48(a)(2)(A)(i)(II) as measured in total megawatts, since Janu- PENDITURES.—Section 25D(d) of such Code, as of the Internal Revenue Code of 1986, as ary 1, 2021.’’. amended by section 4005(b), is amended by amended by section 4004, is amended by (b) EFFECTIVE DATE.—The amendment adding at the end the following new para- striking ‘‘clause (i) or (viii) of paragraph made by this section shall apply to periods graph: (3)(A)’’ and inserting ‘‘clause (i), (iii), or after December 31, 2016, under rules similar ‘‘(7) QUALIFIED BIOMASS FUEL PROPERTY EX- (viii) of paragraph (3)(A)’’. to the rules of section 48(m) of the Internal PENDITURE.— (b) PHASEOUT OF CREDIT.—Paragraph (6) of Revenue Code of 1986 (as in effect on the day ‘‘(A) IN GENERAL.—The term ‘qualified bio- section 48(a) of the Internal Revenue Code of before the date of the enactment of the Rev- mass fuel property expenditure’ means an ex- 1986, as amended by section 4004, is amend- enue Reconciliation Act of 1990). penditure for property— ed—

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(1) by striking ‘‘AND ENERGY STORAGE’’ in (B) in subparagraph (B), by striking ‘‘be- ‘‘(ii) to have building envelope component the heading and inserting ‘‘, ENERGY STOR- gins before January 1, 2022, and which is not improvements account for at least 1⁄5 of such AGE, AND GEOTHERMAL ENERGY’’; and placed in service before January 1, 2024’’ and 60 percent, or (2) by striking ‘‘clause (i) or (viii) of para- inserting ‘‘begins before January 1, 2025, and ‘‘(B) is certified— graph (3)(A)’’ both places it appears and in- which is not placed in service before January ‘‘(i) to have a level of annual energy con- serting ‘‘clause (i), (iii), or (viii) of paragraph 1, 2027’’. sumption which is at least 15 percent below (3)(A)’’. (2) FIBER-OPTIC SOLAR, QUALIFIED FUEL the annual level of energy consumption of a (c) EFFECTIVE DATE.—The amendments CELL, AND QUALIFIED SMALL WIND ENERGY comparable dwelling unit— made by this section shall apply to property PROPERTY.—Section 48(a)(7) of such Code is ‘‘(I) which is constructed in accordance placed in service after December 31, 2019. amended— with the standards of chapter 4 of the 2018 SEC. 4009. EXTENSION OF RENEWABLE ELEC- (A) in subparagraph (A)— IECC, and TRICITY PRODUCTION CREDIT. (i) in clause (i), by striking ‘‘after Decem- ‘‘(II) which meets the requirements de- (a) IN GENERAL.—The following provisions ber 31, 2019, and before January 1, 2021’’ and scribed in subparagraph (A)(i)(II), and of section 45(d) of the Internal Revenue Code inserting ‘‘after December 31, 2022, and be- ‘‘(ii) to have building envelope component of 1986 are each amended by striking ‘‘Janu- fore January 1, 2024’’, and improvements account for at least 1⁄5 of such ary 1, 2021’’ each place it appears and insert- (ii) in clause (ii), by striking ‘‘after Decem- 15 percent, ing ‘‘January 1, 2024’’: ber 31, 2020, and before January 1, 2022’’ and ‘‘(2) is a manufactured home which— (1) Paragraph (2)(A). inserting ‘‘after December 31, 2023, and be- ‘‘(A) conforms to Federal Manufactured (2) Paragraph (3)(A). fore January 1, 2025’’, and Home Construction and Safety Standards (3) Paragraph (4)(B). (B) in subparagraph (B), by striking ‘‘Janu- (part 3280 of title 24, Code of Federal Regula- (4) Paragraph (6). ary 1, 2024’’ and inserting ‘‘January 1, 2027’’. tions), and (5) Paragraph (7). (c) EFFECTIVE DATE.—The amendments ‘‘(B) meets the requirements described in (6) Paragraph (9). made by this section shall apply to periods subparagraph (A) or (B) of paragraph (1), (7) Paragraph (11)(B). after December 31, 2019. ‘‘(3) meets the requirements established by (b) EXTENSION OF ELECTION TO TREAT the Administrator of the Environmental SEC. 4011. PERMANENT EXTENSION OF ENERGY QUALIFIED FACILITIES AS ENERGY PROP- EFFICIENT COMMERCIAL BUILD- Protection Agency under the Energy Star ERTY.—Section 48(a)(5)(C)(ii) of the Internal INGS DEDUCTION. Labeled Homes program, or Revenue Code of 1986 is amended by striking ‘‘(4) is a manufactured home which— (a) IN GENERAL.—Section 179D of the Inter- ‘‘(A) conforms to the standards described ‘‘January 1, 2021’’ and inserting ‘‘January 1, nal Revenue Code of 1986 is amended by in paragraph (2)(A), and 2024’’. striking subsection (h). (c) APPLICATION OF EXTENSION TO WIND FA- ‘‘(B) meets the requirements described in (b) EFFECTIVE DATE.—The amendment CILITIES.— paragraph (3).’’; and made by this section shall apply to property (1) IN GENERAL.—Section 45(d)(1) of the In- (4) in subsection (g), by striking ‘‘Decem- ternal Revenue Code of 1986 is amended by placed in service after December 31, 2020. ber 31, 2020’’ and inserting ‘‘December 31, striking ‘‘January 1, 2021’’ and inserting SEC. 4012. UPDATING NEW ENERGY EFFICIENT 2022’’. ‘‘January 1, 2024’’. HOME CREDIT. (b) EFFECTIVE DATE.—The amendments (2) APPLICATION OF PHASEOUT PERCENT- (a) IN GENERAL.—Section 45L of the Inter- made by this section shall apply to qualified AGE.— nal Revenue Code of 1986 is amended— new energy efficient homes acquired after (A) IN GENERAL.—Section 45(b)(5)(D) of (1) in subsection (a)(2)— December 31, 2020. such Code is amended by striking ‘‘January (A) in subparagraph (A), by striking SEC. 4013. UPDATING CREDIT FOR NONBUSINESS 1, 2021’’ and inserting ‘‘January 1, 2024’’. ‘‘$2,000’’ and inserting ‘‘$2,500’’; and ENERGY PROPERTY. (B) TREATMENT AS ENERGY PROPERTY.—Sec- (B) in subparagraph (B), by inserting ‘‘or (a) IN GENERAL.—Section 25C of the Inter- tion 48(a)(5)(E)(iv) of such Code is amended (4)’’ after ‘‘paragraph (3)’’; nal Revenue Code of 1986 is amended— by striking ‘‘January 1, 2021’’ and inserting (2) in subsection (b)— (1) in subsection (a)(1), by striking ‘‘10 per- ‘‘January 1, 2024’’. (A) in paragraph (2)(B), by striking ‘‘this cent’’ and inserting ‘‘15 percent’’, (d) EFFECTIVE DATE.—The amendments section’’ and inserting ‘‘the American En- (2) in subsection (b)— made by this section shall apply to property ergy Innovation Act of 2020’’; and (A) in paragraph (1)— placed in service after December 31, 2020. (B) by adding at the end the following: (i) by striking ‘‘$500’’ and inserting SEC. 4010. EXTENSION OF ENERGY CREDIT. ‘‘(5) 2018 IECC.— ‘‘$1,200’’, and (a) EXTENSIONS.—Section 48 of the Internal ‘‘(A) IN GENERAL.—The term ‘2018 IECC’ (ii) by striking ‘‘December 31, 2005’’ and in- Revenue Code of 1986 is amended— means the 2018 International Energy Con- serting ‘‘December 31, 2019’’, and (1) in subsection (a)— servation Code, as such Code (including sup- (B) by striking paragraphs (2) and (3) and (A) in paragraph (2)(A)(i)(II), by striking plements) is in effect on the date of the en- inserting the following: ‘‘January 1, 2022’’ and inserting ‘‘January 1, actment of the American Energy Innovation ‘‘(2) LIMITATION ON INSULATION MATERIAL OR 2025’’, and Act of 2020. SYSTEM.—In the case of amounts paid or in- (B) in paragraph (3)(A)— ‘‘(B) SPECIAL RULE.—For purposes of sub- curred for components described in sub- (i) in clause (ii), by striking ‘‘January 1, section (c)(1)(B)(i)(I), in determining whether section (c)(3)(A) by any taxpayer for any tax- 2022’’ and inserting ‘‘January 1, 2025’’, and a dwelling unit has been constructed in ac- able year, the credit allowed under this sec- (ii) in clause (vii), by striking ‘‘January 1, cordance with the standards of chapter 4 of tion with respect to such amounts for such 2022’’ and inserting ‘‘January 1, 2025’’, and the 2018 IECC by achieving a level of energy year shall not exceed the excess (if any) of (2) in subsection (c)— efficiency which meets Section R406.4 $600 over the aggregate credits allowed under (A) in paragraph (1)(D), by striking ‘‘Janu- (N1106.4) of such Code, such determination this section with respect to such amounts for ary 1, 2022’’ and inserting ‘‘January 1, 2025’’, shall be made without accounting for on-site all prior taxable years ending after Decem- (B) in paragraph (2)(D), by striking ‘‘Janu- energy generation.’’; ber 31, 2019. ary 1, 2022’’ and inserting ‘‘January 1, 2025’’, (3) by striking subsection (c) and inserting ‘‘(3) LIMITATION ON WINDOWS.— (C) in paragraph (3)(A)(iv), by striking the following: ‘‘(A) IN GENERAL.— ‘‘January 1, 2022’’ and inserting ‘‘January 1, ‘‘(c) ENERGY SAVING REQUIREMENTS.—A ‘‘(i) ENERGY STAR MOST EFFICIENT.—In the 2025’’, and dwelling unit meets the energy saving re- case of amounts paid or incurred by any tax- (D) in paragraph (4)(C), by striking ‘‘Janu- quirements of this subsection if such unit— payer for any taxable year for components ary 1, 2022’’ and inserting ‘‘January 1, 2025’’. ‘‘(1)(A) is certified— described in subsection (c)(3)(B) which meet (b) PHASEOUTS.— ‘‘(i) to have a level of annual heating and the most efficient certification under appli- (1) SOLAR ENERGY, ENERGY STORAGE, AND cooling energy consumption which is at least cable Energy Star program requirements, GEOTHERMAL ENERGY PROPERTY.—Section 60 percent below the annual level of heating the credit allowed under this section with re- 48(a)(6) of the Internal Revenue Code of 1986, and cooling energy consumption of a com- spect to such amounts for such year shall as amended by section 4004, is amended— parable dwelling unit— not exceed the excess (if any) of $600 over the (A) in subparagraph (A)— ‘‘(I) which is constructed in accordance aggregate credits allowed under this section (i) by striking ‘‘January 1, 2022, the energy with the standards of chapter 4 of the 2006 with respect to such amounts for all prior percentage’’ and inserting ‘‘January 1, 2025, International Energy Conservation Code, as taxable years ending after December 31, 2019. the energy percentage’’, such Code (including supplements) is in ef- ‘‘(ii) ENERGY STAR.—In the case of amounts (ii) in clause (i), by striking ‘‘after Decem- fect on January 1, 2006, and paid or incurred by any taxpayer for any tax- ber 31, 2019, and before January 1, 2021’’ and ‘‘(II) for which the heating and cooling able year for components described in sub- inserting ‘‘after December 31, 2022, and be- equipment efficiencies correspond to the section (c)(3)(B) which do not meet the most fore January 1, 2024’’, and minimum allowed under the regulations es- efficient certification under applicable En- (iii) in clause (ii), by striking ‘‘after De- tablished by the Department of Energy pur- ergy Star program requirements, the credit cember 31, 2020, and before January 1, 2022’’ suant to the National Appliance Energy Con- allowed under this section with respect to and inserting ‘‘after December 31, 2023, and servation Act of 1987 and in effect at the such amounts for such year shall not exceed before January 1, 2025’’, and time of completion of construction, and the excess (if any) of $200 over the aggregate

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.051 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1345 credits allowed under this section with re- (i) in clause (i), by adding ‘‘or’’ at the end, (6) in subsection (g)(2), by striking ‘‘De- spect to such amounts for all prior taxable (ii) in clause (ii), by striking ‘‘, or’’ and in- cember 31, 2020’’ and inserting ‘‘December 31, years ending after December 31, 2019. serting a period, and 2024’’. ‘‘(B) ELECTION.— (iii) by striking clause (iii), (b) EFFECTIVE DATE.—The amendments ‘‘(i) IN GENERAL.—For purposes of any (B) in paragraph (3)— made by this section shall apply to property amounts paid or incurred by any taxpayer (i) by striking subparagraph (A) and insert- placed in service after December 31, 2020. for components described in subsection ing the following: SEC. 4014. GREEN ENERGY PUBLICLY TRADED (c)(3)(B), the credit allowed under this sec- ‘‘(A) an electric heat pump water heater PARTNERSHIPS. (a) IN GENERAL.—Section 7704(d)(1)(E) is tion shall only be allowed for components de- which, in the standard Department of En- amended— scribed in clause (i) of subparagraph (A) or ergy test procedure, yields a uniform energy (1) by striking ‘‘income and gains derived clause (ii) of such subparagraph, but not factor of at least 3.0,’’, from the exploration’’ and inserting ‘‘income both, as elected by the taxpayer during the (ii) in subparagraph (B), by striking ‘‘Janu- first taxable year in which such credit is and gains derived from— ary 1, 2009’’ and inserting ‘‘the date of enact- being claimed by the taxpayer. ‘‘(i) the exploration’’, ment of the American Energy Innovation ‘‘(ii) IRREVOCABILITY.—The Secretary shall, (2) by inserting ‘‘or’’ before ‘‘industrial Act of 2020’’, through such rules, regulations, and proce- source’’, dures as are determined appropriate, estab- (iii) in subparagraph (C), by striking ‘‘Jan- (3) by striking ‘‘, or the transportation or lish procedures for making an election under uary 1, 2009’’ and inserting ‘‘the date of en- storage’’ and all that follows and inserting this subparagraph, which shall require that— actment of the American Energy Innovation the following: ‘‘(I) any election made by the taxpayer Act of 2020’’, ‘‘(ii) the generation of electric power or shall be irrevocable, and (iv) by striking subparagraph (D) and in- thermal energy exclusively using any quali- ‘‘(II) such election shall remain in effect serting the following: fied energy resource (as defined in section for all subsequent taxable years. ‘‘(D) a natural gas, propane, or oil water 45(c)(1)), ‘‘(4) LIMITATION ON DOORS.—In the case of heater which, in the standard Department of ‘‘(iii) the operation of energy property (as amounts paid or incurred for components de- Energy test procedure, yields— defined in section 48(a)(3), determined with- scribed in subsection (c)(3)(C) by any tax- ‘‘(i) in the case of a storage tank water out regard to any date by which the con- payer for any taxable year, the credit al- heater— struction of the facility is required to begin), lowed under this section with respect to such ‘‘(I) in the case of a medium-draw water ‘‘(iv) in the case of a facility described in amounts for such year shall not exceed— heater, a uniform energy factor of not less paragraph (3) or (7) of section 45(d) (deter- ‘‘(A) the excess (if any) of $500 over the ag- than 0.78, and mined without regard to any placed in serv- gregate credits allowed under this section ‘‘(II) in the case of a high-draw water heat- ice date or date by which construction of the with respect to such amounts for all prior er, a uniform energy factor of not less than facility is required to begin), the accepting taxable years ending after December 31, 2019, 0.80, and or processing of open-loop biomass or munic- or ‘‘(ii) in the case of a tankless water heat- ipal solid waste, ‘‘(B) $250 for each exterior door. er— ‘‘(v) the storage of electric power or ther- ‘‘(5) LIMITATION ON RESIDENTIAL ENERGY ‘‘(I) in the case of a medium-draw water mal energy exclusively using energy prop- PROPERTY EXPENDITURES.—The amount of the heater, a uniform energy factor of not less erty that is energy storage property (as de- credit allowed under this section by reason than 0.87, and fined in section 48(c)(5)), of subsection (a)(2) shall not exceed— ‘‘(II) in the case of a high-draw water heat- ‘‘(vi) the generation, storage, or distribu- ‘‘(A) in the case of any energy-efficient er, a uniform energy factor of not less than tion of electric power or thermal energy ex- building property— 0.90, and’’, and clusively using energy property that is com- ‘‘(i) for any item of property described in (v) in subparagraph (E), by striking ‘‘of at bined heat and power system property (as de- subparagraph (A), (B), or (C) of subsection least 75 percent’’ and inserting the following: fined in section 48(c)(3), determined without (d)(3), $600, and ‘‘(as determined pursuant to the applicable regard to subparagraph (B)(iii) thereof and without regard to any date by which the con- ‘‘(ii) for any item of property described in list published by the Environmental Protec- struction of the facility is required to begin), subparagraph (D) or (E) of such subsection, tion Agency for certified wood stoves, ‘‘(vii) the transportation or storage of any $400, and hydronic heaters, or forced-air furnaces) of fuel described in subsection (b), (c), (d), or (e) ‘‘(B) in the case of any qualified natural at least— of section 6426, gas, propane, or oil furnace or hot water ‘‘(i) in the case of any stove placed in serv- ‘‘(viii) the conversion of renewable biomass boiler (as defined in subsection (d)(4)), an ice before January 1, 2021, 73 percent, and (as defined in subparagraph (I) of section amount equal to— ‘‘(ii) in the case of any stove placed in serv- ‘‘(i) $600 for a hot water boiler, and 211(o)(1) of the Clean Air Act (as in effect on ice after December 31, 2020, 75 percent.’’, ‘‘(ii) in the case of a furnace, an amount the date of the enactment of this clause)) (C) in paragraph (4), by striking ‘‘not less equal to the sum of— into renewable fuel (as defined in subpara- than 95’’ and inserting the following: ‘‘not ‘‘(I) $300, plus graph (J) of such section as so in effect), or less than— ‘‘(II) if the taxpayer is converting from a the storage or transportation of such fuel, ‘‘(A) in the case of a furnace, 97 percent, non-condensing furnace to a condensing fur- ‘‘(ix) the production, storage, or transpor- nace, $300.’’, and tation of any fuel which— (3) in subsection (c)— ‘‘(B) in the case of a hot water boiler, 95 ‘‘(I) uses as its primary feedstock carbon (A) in paragraph (2)— percent.’’, oxides captured from an anthropogenic (i) by striking subparagraphs (A) and (B) (D) by striking paragraph (5), and source or the atmosphere, and inserting the following: (E) by redesignating paragraph (6) as para- ‘‘(II) does not use as its primary feedstock ‘‘(A) applicable Energy Star program re- graph (5), carbon oxide which is deliberately released quirements, in the case of an exterior win- (5) in subsection (e), by adding the fol- from naturally occurring subsurface springs, dow, a skylight, or an exterior door, and’’, lowing new paragraphs at the end: and (ii) by redesignating subparagraph (C) as ‘‘(4) INSTALLATION STANDARDS.—The terms ‘‘(III) is determined by the Secretary, after subparagraph (B), and ‘energy efficient building envelope compo- consultation with the Secretary of Energy (iii) in subparagraph (B), as so redesig- nent’ and ‘qualified energy property’ shall and the Administrator of the Environmental nated, by striking ‘‘2009 International’’ and not include any components or property Protection Agency, to achieve a reduction of all that follows through ‘‘Act of 2009’’ and in- which are not installed according to any ap- not less than a 60 percent in lifecycle green- serting ‘‘2015 IECC (as defined in section plicable Air Conditioning Contractors of house gas emissions (as defined in section 45L(b)(5))’’, America Quality Installation standards 211(o)(1)(H) of the Clean Air Act, as in effect (B) in paragraph (3)— which are in effect at the time that such on the date of the enactment of this clause) (i) in subparagraph (B), by adding ‘‘and’’ at components or property are placed in serv- compared to baseline lifecycle greenhouse the end, ice. gas emissions (as defined in section (ii) in subparagraph (C), by striking ‘‘, ‘‘(5) REPLACEMENT OF TERMINATED STAND- 211(o)(1)(C) of such Act, as so in effect), and’’ and inserting a period, and ARDS.—In the case of any standard, require- ‘‘(x) the generation of electric power from, (iii) by striking subparagraph (D), and ment, or criteria applicable to any energy ef- a qualifying gasification project (as defined (C) by adding at the end the following new ficient building envelope component or in section 48B(c)(1) without regard to sub- paragraph: qualified energy property which is termi- paragraph (C)) that is described in section ‘‘(5) LABOR COSTS.—The term ‘qualified en- nated after the date of enactment of the 48(d)(1)(B), or ergy efficiency improvements’ includes ex- American Energy Innovation Act of 2020, the ‘‘(xi) in the case of a qualified facility (as penditures for labor costs properly allocable Secretary, in consultation with the Sec- defined in section 45Q(d), without regard to to the onsite preparation, assembly, or origi- retary of Energy, shall identify a similar any date by which construction of the facil- nal installation of any energy efficient build- standard, requirement, or criteria for pur- ity is required to begin) not less than 50 per- ing envelope component.’’, poses of determining the eligibility of any cent (30 percent in the case of a facility (4) in subsection (d)— such component or property for purposes of placed in service before January 1, 2020) of (A) in paragraph (2)(A)— credit allowed under this section.’’, and the total carbon oxide production of which is

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.051 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1346 CONGRESSIONAL RECORD — SENATE March 3, 2020 qualified carbon oxide (as defined in section an administrator, to be appointed by the appropriate industry-recognized certification 45Q(c))—— Secretary from among individuals with expe- and training program does not exist, the Sec- ‘‘(I) the generation, availability for such rience relating to military service. retary shall establish a grant program to as- generation, or storage of electric power at ‘‘(d) ADMINISTRATION OF PROGRAM.— sist the industry in developing such an in- such facility, or ‘‘(1) IN GENERAL.—The Secretary, in part- dustry-recognized certification and training ‘‘(II) the capture of carbon dioxide by such nership with the Secretary of Defense, shall program. facility,’’. carry out the program through the ‘‘(g) REPORT.—Not later than 1 year after (b) EFFECTIVE DATE.—The amendments SkillBridge program of the Department of the date on which the program is estab- made by this section apply to taxable years Defense, under which the Secretary shall lished, and annually thereafter, the Sec- beginning after December 31, 2019. provide standardized training courses, based, retary shall submit to Congress a report de- SEC. 4015. EXTENSION OF CREDIT FOR RESIDEN- to the maximum extent practicable, on ex- scribing the activities carried out under, and TIAL ENERGY EFFICIENT PROPERTY. isting industry-recognized certification and accomplishments of, the program, includ- (a) EXTENSION.—Section 25D(h) of the In- training programs, to prepare eligible par- ing— ternal Revenue Code of 1986 is amended by ticipants in the program for careers in the ‘‘(1) the number of veterans enrolled in the striking ‘‘December 31, 2021’’ and inserting energy industry, including— program; ‘‘December 31, 2024’’. ‘‘(A) in the solar energy industry, careers— ‘‘(2) the regional distribution of those vet- (b) APPLICABLE PERCENTAGE.—Section ‘‘(i) as solar photovoltaic system install- erans; 25D(g) of the Internal Revenue Code of 1986 is ers; ‘‘(3) the cost of certification under the pro- amended— ‘‘(ii) as solar technicians; gram; (1) in paragraph (1), by striking ‘‘January ‘‘(iii) as system inspectors; and ‘‘(4) the rate of job placement; 1, 2020’’ and inserting ‘‘January 1, 2023’’, ‘‘(iv) in other areas relating to the solar ‘‘(5) the rate of job retention; and (2) in paragraph (2), by striking ‘‘after De- energy industry; ‘‘(6) the average salaries of veterans who cember 31, 2019, and before January 1, 2021’’ ‘‘(B) in the wind energy industry, careers— were enrolled in the program.’’. and inserting ‘‘after December 31, 2022, and ‘‘(i) in wind energy operations; (b) CLERICAL AMENDMENT.—The table of before January 1, 2024’’, and ‘‘(ii) in wind energy development; contents for the Energy Policy Act of 2005 (3) in paragraph (3), by striking ‘‘after De- ‘‘(iii) in wind energy manufacturing; (Public Law 109–58; 119 Stat. 601) is amended cember 31, 2020, and before January 1, 2022’’ ‘‘(iv) as wind energy technicians; by inserting after the item relating to sec- and inserting ‘‘after December 31, 2023, and ‘‘(v) in the support of all parts of the wind tion 1106 the following: before January 1, 2025’’. energy supply chain; and ‘‘Sec. 1107. Energy-Ready Vets Program.’’. (c) EFFECTIVE DATE.—The amendments ‘‘(vi) in other areas relating to the wind made by this section shall apply to property energy industry; SA 1399. Ms. DUCKWORTH (for her- placed in service after December 31, 2019. ‘‘(C) in the cybersecurity sector of the en- self, Mr. WYDEN, and Mr. MARKEY) sub- ergy industry, careers in— mitted an amendment intended to be SA 1398. Ms. DUCKWORTH (for her- ‘‘(i) cybersecurity preparedness; proposed by her to the bill S. 2657, to self, Mr. BENNET, Mr. CRAPO, and Mr. ‘‘(ii) cyber incident response and recovery; support innovation in advanced geo- DURBIN) submitted an amendment in- ‘‘(iii) grid modernization, security, and tended to be proposed by her to the bill maintenance; thermal research and development, and S. 2657, to support innovation in ad- ‘‘(iv) resilience planning; and for other purposes; which was ordered vanced geothermal research and devel- ‘‘(v) other areas relating to the cybersecu- to lie on the table; as follows: opment, and for other purposes; which rity sector of the energy industry; At the appropriate place, insert the fol- was ordered to lie on the table; as fol- ‘‘(D) careers in other low-carbon emissions lowing: sectors or zero-emissions sectors of the en- SEC. lll. DEFINITION OF PERSON. lows: ergy industry identified by the Secretary; Section 211(a)(2) of the Energy Reorganiza- At the end of subtitle C of title II, add the and tion Act of 1974 (42 U.S.C. 5851(a)(2)) is following: ‘‘(E) careers in sectors that plan, develop, amended— SEC. 23ll. ENERGY-READY VETS PROGRAM. construct, maintain, and expand energy in- (1) by redesignating subparagraphs (A) (a) IN GENERAL.—Title XI of the Energy dustry infrastructure. through (G) as clauses (i) through (vii), re- Policy Act of 2005 (42 U.S.C. 16411 et seq.) is ‘‘(2) PROGRAM REQUIREMENTS.— spectively, and indenting the clauses appro- amended by adding at the end the following: ‘‘(A) IN GENERAL.—In carrying out the pro- priately; ‘‘SEC. 1107. ENERGY-READY VETS PROGRAM. gram, the Secretary shall ensure that the (2) in the matter preceding clause (i) (as so ‘‘(a) PURPOSE.—The purpose of this section courses described in paragraph (1)— redesignated), by striking the paragraph des- is to ensure that veterans have the creden- ‘‘(i) provide— ignation and all that follows through ‘‘in- tials and training necessary to secure ca- ‘‘(I) job training; cludes—’’ and inserting the following: reers in the energy industry. ‘‘(II) employment skills training, including ‘‘(2) DEFINITIONS.—In this section: ‘‘(b) DEFINITIONS.—In this section: providing comprehensive wraparound sup- ‘‘(A) EMPLOYER.—The term ‘employer’ in- ‘‘(1) ACTIVE MILITARY, NAVAL, OR AIR SERV- port services to eligible participants that— cludes—’’; and ICE.—The term ‘active military, naval, or air ‘‘(aa) enhance the training experience and (3) by adding at the end the following: service’ has the meaning given such term in promote the professional development of eli- ‘‘(B) PERSON.—The term ‘person’ includes— section 101 of title 38, United States Code. gible participants; and ‘‘(i) a person (as defined in section 11 of the ‘‘(2) ELIGIBLE PARTICIPANT.—The term ‘eli- ‘‘(bb) help eligible participants transition Atomic Energy Act of 1954 (42 U.S.C. 2014)); gible participant’ means a veteran who— into the workforce; and ‘‘(ii) the Commission; and ‘‘(A) was discharged or released from serv- ‘‘(III) opportunities for internships of not ‘‘(iii) the Department of Energy.’’. ice in the active military, naval, or air serv- longer than 180 days; and ice during the most recent 1-year period; or ‘‘(ii) are carried out primarily through— SA 1400. Mr. TILLIS (for himself and ‘‘(B)(i) was discharged or released from ‘‘(I) internships; or Mr. BURR) submitted an amendment in- service in the active military, naval, or air ‘‘(II) applied, work-based training. tended to be proposed by him to the service during the 2-year period immediately ‘‘(B) EXAM REQUIREMENT.—As a require- bill S. 2657, to support innovation in preceding the most recent 1-year period; and ment for completing a course described in advanced geothermal research and de- ‘‘(ii) receives the approval of the Secretary paragraph (1), the Secretary shall require to participate in the program. velopment, and for other purposes; each eligible participant in the course to which was ordered to lie on the table; ‘‘(3) PROGRAM.—The term ‘program’ means earn an applicable industry-recognized the Energy-Ready Vets Program established entry-level certificate or other credential. as follows: under subsection (c)(1). ‘‘(e) RECOGNITION OF ENTITIES.—The Sec- At the end of subtitle D of title I, add the ‘‘(4) UNIFORMED SERVICES.—The term ‘uni- retary and the administrator of the program following: formed services’ has the meaning given such appointed under subsection (c)(2), working SEC. 14ll. HIGH EFFICIENCY GAS TURBINES. term in section 10(a) of title 10, United jointly, shall establish and carry out a pro- (a) IN GENERAL.—The Secretary, acting States Code. gram to recognize commercial entities that through the Assistant Secretary for Fossil ‘‘(5) VETERAN.—The term ‘veteran’ has the hire eligible participants who receive certifi- Energy (referred to in this section as the meaning given such term in section 101 of cations or other credentials under the pro- ‘‘Secretary’’), shall carry out a multiyear, title 38, United States Code. gram, based on the proportion that— multiphase program (referred to in this sec- ‘‘(c) ESTABLISHMENT; IMPLEMENTATION.— ‘‘(1) the number of such eligible partici- tion as the ‘‘program’’) of research, develop- ‘‘(1) ESTABLISHMENT.—The Secretary shall pants hired by the commercial entity; bears ment, and technology demonstration to im- establish a program, to be known as the ‘En- to prove the efficiency of gas turbines used in ergy-Ready Vets Program’, to prepare eligi- ‘‘(2) the number of such eligible partici- power generation systems and aviation. ble participants for careers in the energy in- pants hired by all commercial entities. (b) PROGRAM ELEMENTS.—The program dustry. ‘‘(f) ESTABLISHMENT OF INDUSTRY-RECOG- shall— ‘‘(2) IMPLEMENTATION.—The Secretary shall NIZED CERTIFICATION AND TRAINING PRO- (1) support first-of-a-kind engineering and ensure that the program is implemented by GRAMS.—For purposes of subsection (d), if an detailed gas turbine design for small-scale

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.051 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1347 and utility-scale electric power generation, (A) stimulate the creation or increased re- (B) by striking the table and inserting the including— tention of jobs in the United States; and following: (A) high temperature materials, including (B) promote and enhance technology lead- ‘‘If population the limitation is superalloys, coatings, and ceramics; ership in the United States. equals— equal to the (B) improved heat transfer capability; (4) COMPETITIVE AWARDS.—The Secretary population times— (C) manufacturing technology required to shall provide financial assistance under this 1,000 ...... $254.40 construct complex 3-dimensional geometry section on a competitive basis, with an em- 2,000 ...... $230.66 parts with improved aerodynamic capability; phasis on technical merit. 3,000 ...... $212.00 (D) combustion technology to produce (5) COST SHARING.—Section 988 of the En- 4,000 ...... $198.43 higher firing temperature while lowering ni- ergy Policy Act of 2005 (42 U.S.C. 16352) shall 5,000 ...... $186.56 trogen oxide and carbon monoxide emissions apply to financial assistance provided under 6,000 ...... $174.71 per unit of output; this section. 7,000 ...... $164.50 (E) advanced controls and systems integra- (e) AUTHORIZATION OF APPROPRIATIONS.— 8,000 ...... $152.67 tion; There is authorized to be appropriated to 9,000 ...... $142.45 (F) advanced high performance compressor carry out this section $50,000,000 for each of 10,000 ...... $130.55 technology; and fiscal years 2021 through 2025. 11,000 ...... $127.22 (G) validation facilities for the testing of 12,000 ...... $123.83 components and subsystems; SA 1401. Mr. DAINES (for himself 13,000 ...... $118.73 (2) include technology demonstration and Mr. BARRASSO) submitted an 14,000 ...... $115.34 through component testing, subscale testing, amendment intended to be proposed by 15,000 ...... $111.92 and full-scale testing in existing fleets; him to the bill S. 2657, to support inno- 16,000 ...... $110.24 (3) include field demonstrations of the de- vation in advanced geothermal re- 17,000 ...... $108.51 veloped technology elements to demonstrate search and development, and for other 18,000 ...... $106.85 technical and economic feasibility; 19,000 ...... $105.16 (4) assess overall combined cycle and sim- purposes; which was ordered to lie on 20,000 ...... $103.51 ple cycle system performance; the table; as follows: 21,000 ...... $101.76 (5) increase fuel flexibility by enabling gas At the end of title II, add the following: 22,000 ...... $100.07 turbines to operate with high proportions of Subtitle D—Miscellaneous 23,000 ...... $100.07 hydrogen or other renewable gas fuels; SEC. 24lll. ELIMINATION OF AN ADMINISTRA- 24,000 ...... $98.37 (6) enhance foundational knowledge needed TIVE FEE UNDER THE MINERAL 25,000 ...... $96.69 for low-emission combustion systems that LEASING ACT. 26,000 ...... $94.98 can work in high-pressure, high-temperature (a) IN GENERAL.—Section 35 of the Mineral 27,000 ...... $94.98 environments required for high-efficiency Leasing Act (30 U.S.C. 191) is amended— 28,000 ...... $94.98 cycles; (1) in subsection (a), in the first sentence, 29,000 ...... $93.31 (7) increase operational flexibility by re- by striking ‘‘, subject to the provisions of 30,000 ...... $93.31 ducing turbine start-up times and improving subsection (b),’’; 31,000 ...... $91.59 the ability to accommodate flexible power (2) by striking subsection (b); 32,000 ...... $91.59 demand; and (3) by redesignating subsections (c) and (d) 33,000 ...... $89.88 (8) include any other elements necessary to as subsections (b) and (c), respectively; 34,000 ...... $89.88 achieve the goals described in subsection (c), (4) in subsection (b)(3)(B)(ii) (as so redesig- 35,000 ...... $88.17 as determined by the Secretary in consulta- nated), by striking ‘‘subsection (d)’’ and in- 36,000 ...... $88.17 tion with private industry. serting ‘‘subsection (c)’’; and 37,000 ...... $86.48 (c) PROGRAM GOALS.— (5) in subsection (c)(3)(A)(ii) (as so redesig- 38,000 ...... $86.48 (1) IN GENERAL.—The goals of the program nated), by striking ‘‘subsection (c)(2)(B)’’ and 39,000 ...... $84.82 40,000 ...... $84.82 shall be— inserting ‘‘subsection (b)(2)(B)’’. 41,000 ...... $83.09 (A) in phase I, to develop a conceptual de- (b) CONFORMING AMENDMENTS.— sign of, and to develop and demonstrate the (1) Section 6(a) of the Mineral Leasing Act 42,000 ...... $81.42 technology required for— for Acquired Lands (30 U.S.C. 355(a)) is 43,000 ...... $81.42 44,000 ...... $79.69 (i) advanced high efficiency gas turbines to amended— 45,000 ...... $79.69 achieve, on a lower heating value basis— (A) in the first sentence, by striking ‘‘Sub- 46,000 ...... $78.03 (I) a combined cycle efficiency of not less ject to the provisions of section 35(b) of the 47,000 ...... $78.03 than 65 percent; or Mineral Leasing Act (30 U.S.C. 191(b)), all’’ 48,000 ...... $76.33 (II) a simple cycle efficiency of not less and inserting ‘‘All’’; and than 47 percent; and 49,000 ...... $76.33 (B) in the second sentence, by striking ‘‘of 50,000 ...... $74.63.’’. (ii) aviation gas turbines to achieve a 25 the Act of February 25, 1920 (41 Stat. 450; 30 percent reduction in fuel burn by improving U.S.C. 191)’’ and inserting ‘‘of the Mineral SA 1403. Mr. BARRASSO (for himself fuel efficiency to existing best-in-class Leasing Act (30 U.S.C. 191)’’. and Mr. CRAMER) submitted an amend- turbo-fan engines; and (2) Section 20(a) of the Geothermal Steam (B) in phase II, to develop a conceptual de- Act of 1970 (30 U.S.C. 1019(a)) is amended in ment intended to be proposed by him sign of advanced high efficiency gas turbines the matter preceding paragraph (1), in the to the bill S. 2657, to support innova- that can achieve, on a lower heating value second sentence, by striking ‘‘the provisions tion in advanced geothermal research basis— of subsection (b) of section 35 of the Mineral and development, and for other pur- (i) a combined cycle efficiency of not less Leasing Act (30 U.S.C. 191(b)) and’’. poses; which was ordered to lie on the than 67 percent; or (3) Section 205(f) of the Federal Oil and Gas table; as follows: (ii) a simple cycle efficiency of not less Royalty Management Act of 1982 (30 U.S.C. At the end of title II, add the following: than 50 percent. 1735(f)) is amended by striking the fourth, (2) ADDITIONAL GOALS.—If a goal described fifth, and sixth sentences. Subtitle D—Miscellaneous in paragraph (1) has been achieved, the Sec- SEC. 24lll. STATE AND TRIBAL AUTHORITY retary, in consultation with private industry SA 1402. Mr. DAINES submitted an FOR HYDRAULIC FRACTURING REG- and the National Academy of Sciences, may amendment intended to be proposed by ULATION. develop additional goals or phases for ad- him to the bill S. 2657, to support inno- The Mineral Leasing Act (30 U.S.C. 181 et vanced gas turbine research and develop- vation in advanced geothermal re- seq.) is amended— ment. search and development, and for other (1) by redesignating section 44 as section (d) FINANCIAL ASSISTANCE.— 45; and (1) IN GENERAL.—The Secretary may pro- purposes; which was ordered to lie on (2) by adding after section 43 the following: vide financial assistance, including grants, the table; as follows: ‘‘SEC. 44. STATE AND TRIBAL AUTHORITY FOR HY- to carry out the program. At the end, add the following: DRAULIC FRACTURING REGULA- (2) PROPOSALS.—Not later than 180 days TITLE IV—MISCELLANEOUS TION. after the date of enactment of this Act, the SEC. 4001. ADJUSTMENT FOR LOW-POPULATION ‘‘(a) IN GENERAL.—In this section: Secretary shall solicit proposals from indus- UNITS OF GENERAL LOCAL GOVERN- ‘‘(1) HYDRAULIC FRACTURING DEFINED.—The try, small businesses, universities, and other MENT. term ‘hydraulic fracturing’ means the proc- appropriate parties for conducting activities Section 6903(c) of title 31, United States ess of creating small cracks or fractures in under this section. Code, is amended— underground geological formations for well (3) CONSIDERATIONS.—In selecting proposed (1) in paragraph (1), by striking ‘‘4,999’’ and stimulation purposes of bringing hydro- projects to receive financial assistance under inserting ‘‘999’’; and carbons into the wellbore and to the surface this section, the Secretary shall give special (2) in paragraph (2)— for capture. consideration to the extent to which the pro- (A) in the matter preceding the table, by ‘‘(2) SECRETARY.—The term ‘Secretary’ posed project will— striking ‘‘5,000’’ and inserting ‘‘1,000’’; and means the Secretary of the Interior.

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‘‘(b) ENFORCEMENT OF FEDERAL REGULA- cuit or the circuit in which the liquefied nat- ‘‘(4) EFFECT OF SUBSECTION.—Nothing’’; TIONS.—The Secretary shall not enforce any ural gas export facility will be located pursu- (C) in the matter preceding subparagraph Federal regulation, guidance, or permit re- ant to an application described in subsection (A) (as so redesignated)— quirement regarding hydraulic fracturing re- (a) shall have original and exclusive jurisdic- (i) in the third sentence, by striking ‘‘Such lating to oil, gas, or geothermal production tion over any civil action for the review of— program’’ and inserting the following: activities on or under any land in any State (A) an order issued by the Secretary with ‘‘(3) PROGRAM INCLUSIONS.—The program that has regulations, guidance, or permit re- respect to the application; or under this subsection’’; quirements for that activity. (B) the failure of the Secretary to issue a (ii) in the second sentence— ‘‘(c) STATE AUTHORITY.—The Secretary final decision on the application. (I) by inserting ‘‘States, institutions of shall defer to State regulations, guidance, (2) ORDER TO ISSUE DECISION.—If the Court higher education,’’ after ‘‘scientists,’’; and and permit requirements for all activities re- in a civil action described in paragraph (1) (II) by striking ‘‘Such strategies and tech- garding hydraulic fracturing relating to oil, finds that the Secretary has failed to issue a nologies shall be developed’’ and inserting gas, or geothermal production activities on decision on the application as required under the following: subsection (a), the Court shall order the Sec- Federal land. ‘‘(2) PARTICIPATION REQUIREMENT.—Such retary to issue the decision not later than 30 ‘‘(d) TRANSPARENCY OF STATE REGULA- strategies and technologies described in days after the order of the Court. TIONS.— paragraph (1) shall be developed’’; and (3) EXPEDITED CONSIDERATION.—The Court ‘‘(1) IN GENERAL.—Each State shall submit (iii) in the first sentence, by striking ‘‘In shall set any civil action brought under this to the Bureau of Land Management a copy of carrying out’’ and inserting the following: the regulations of the State that apply to subsection for expedited consideration and ‘‘(1) IN GENERAL.—In carrying out’’; and hydraulic fracturing operations on Federal shall set the matter on the docket as soon as (D) by adding at the end the following: land, including the regulations that require practical after the filing date of the initial ‘‘(6) CERTAIN CARBON DIOXIDE ACTIVITIES.— disclosure of chemicals used in hydraulic pleading. ‘‘(A) IN GENERAL.—In carrying out para- fracturing operations. (4) APPEALS.—In the case of an application graph (3)(A) with respect to carbon dioxide, ‘‘(2) AVAILABILITY.—The Secretary shall described in subsection (a) for which a peti- the Administrator shall carry out the activi- make available to the public on the website tion for review has been filed— ties described in each of subparagraphs (B), of the Secretary the regulations submitted (A) upon motion by an applicant, the mat- (C), (D), and (E). under paragraph (1). ter shall be transferred to the United States ‘‘(B) DIRECT AIR CAPTURE RESEARCH.— ‘‘(e) TRIBAL AUTHORITY ON TRUST LAND.— Court of Appeals for the District of Columbia The Secretary shall not enforce any Federal Circuit or the circuit in which a liquefied ‘‘(i) DEFINITIONS.—In this subparagraph: regulation, guidance, or permit requirement natural gas export facility will be located ‘‘(I) BOARD.—The term ‘Board’ means the with respect to hydraulic fracturing on any pursuant to an application described in sec- Direct Air Capture Technology Advisory land held in trust or restricted status for the tion 3(a) of the Natural Gas Act (15 U.S.C. Board established by clause (iii)(I). benefit of a federally recognized Indian Tribe 717b(a)); and ‘‘(II) DILUTE.—The term ‘dilute’ means a or a member of a federally recognized Indian (B) the provisions of this section shall concentration of less than 1 percent by vol- Tribe, except with the express consent of the apply. ume. beneficiary on whose behalf the land is held ‘‘(III) DIRECT AIR CAPTURE.— in trust or restricted status.’’. SA 1405. Ms. MURKOWSKI submitted ‘‘(aa) IN GENERAL.—The term ‘direct air an amendment intended to be proposed capture’, with respect to a facility, tech- SA 1404. Mr. BARRASSO (for himself by her to the bill S. 2657, to support in- nology, or system, means that the facility, technology, or system uses carbon capture and Mr. CRAMER) submitted an amend- novation in advanced geothermal re- search and development, and for other equipment to capture carbon dioxide directly ment intended to be proposed by him from the air. purposes; which was ordered to lie on to the bill S. 2657, to support innova- ‘‘(bb) EXCLUSION.—The term ‘direct air cap- tion in advanced geothermal research the table; as follows: ture’ does not include any facility, tech- and development, and for other pur- On page 457, line 1, strike ‘‘2025’’ and insert nology, or system that captures carbon diox- poses; which was ordered to lie on the ‘‘2026’’. ide— table; as follows: ‘‘(AA) that is deliberately released from a SA 1406. Mr. BARRASSO (for him- naturally occurring subsurface spring; or At the end of subtitle H of title I, add the self, Mr. WHITEHOUSE, Mrs. CAPITO, Mr. following: ‘‘(BB) using natural photosynthesis. CARPER, Mr. CRAMER, Mr. SCHATZ, Mr. ‘‘(IV) INTELLECTUAL PROPERTY.—The term SEC. 18llll. ACTION ON APPLICATIONS TO EX- INHOFE, Mr. VAN HOLLEN, Mr. ENZI, Ms. PORT NATURAL GAS. ‘intellectual property’ means— SMITH, Mr. DAINES, Mr. COONS, Mr. ‘‘(aa) an invention that is patentable under (a) DECISION DEADLINE.—For proposals that must also obtain authorization from the DURBIN, Mr. HOEVEN, and Ms. HASSAN) title 35, United States Code; and Federal Energy Regulatory Commission or submitted an amendment intended to ‘‘(bb) any patent on an invention described the United States Maritime Administration be proposed by him to the bill S. 2657, in item (aa). to site, construct, expand, or operate lique- to support innovation in advanced geo- ‘‘(ii) TECHNOLOGY PRIZES.— fied natural gas export facilities, the Sec- thermal research and development, and ‘‘(I) IN GENERAL.—Not later than 1 year retary shall issue a final decision on any ap- for other purposes; which was ordered after the date of enactment of the USE IT plication for the authorization to export nat- to lie on the table; as follows: Act, the Administrator, in consultation with the Secretary of Energy, shall establish a ural gas under section 3(a) of the Natural At the appropriate place in subtitle D of Gas Act (15 U.S.C. 717b(a)) not later than 45 program to provide, and shall provide, finan- title I, insert the following: cial awards on a competitive basis for direct days after the later of— SEC. 14ll. UTILIZING SIGNIFICANT EMISSIONS (1) the conclusion of the review to site, air capture from media in which the con- WITH INNOVATIVE TECHNOLOGIES. centration of carbon dioxide is dilute. construct, expand, or operate the liquefied (a) SHORT TITLE.—This section may be ‘‘(II) DUTIES.—In carrying out this clause, natural gas export facilities required by the cited as the ‘‘Utilizing Significant Emissions the Administrator shall— National Environmental Policy Act of 1969 with Innovative Technologies Act’’ or the (42 U.S.C. 4321 et seq.); and ‘‘USE IT Act’’. ‘‘(aa) subject to subclause (III), develop (2) the date of enactment of this Act. (b) RESEARCH, INVESTIGATION, TRAINING, specific requirements for— (b) CONCLUSION OF REVIEW.—For purposes AND OTHER ACTIVITIES.—Section 103 of the ‘‘(AA) the competition process; and of subsection (a), review required by the Na- Clean Air Act (42 U.S.C. 7403) is amended— ‘‘(BB) the demonstration of performance of tional Environmental Policy Act of 1969 (42 (1) in subsection (c)(3), in the first sentence approved projects; U.S.C. 4321 et seq.) shall be considered con- of the matter preceding subparagraph (A), by ‘‘(bb) offer financial awards for a project cluded when the lead agency— striking ‘‘percursors’’ and inserting ‘‘precur- designed— (1) for a project requiring an Environ- sors’’; and ‘‘(AA) to the maximum extent practicable, mental Impact Statement, publishes a Final (2) in subsection (g)— to capture more than 10,000 tons of carbon di- Environmental Impact Statement; (A) by redesignating paragraphs (1) oxide per year; and (2) for a project for which an Environ- through (4) as subparagraphs (A) through ‘‘(BB) to operate in a manner that would mental Assessment has been prepared, pub- (D), respectively, and indenting appro- be commercially viable in the foreseeable fu- lishes a Finding of No Significant Impact; or priately; ture (as determined by the Board); and (3) determines that an application is eligi- (B) in the undesignated matter following ‘‘(cc) to the maximum extent practicable, ble for a categorical exclusion pursuant to subparagraph (D) (as so redesignated)— make financial awards to geographically di- National Environmental Policy Act of 1969 (i) in the second sentence, by striking ‘‘The verse projects, including at least— (42 U.S.C. 4321 et seq.) implementing regula- Administrator’’ and inserting the following: ‘‘(AA) 1 project in a coastal State; and tions. ‘‘(5) COORDINATION AND AVOIDANCE OF DUPLI- ‘‘(BB) 1 project in a rural State. (c) JUDICIAL ACTION.— CATION.—The Administrator’’; and ‘‘(III) PUBLIC PARTICIPATION.—In carrying (1) JURISDICTION.—The United States Court (ii) in the first sentence, by striking out subclause (II)(aa), the Administrator of Appeals for the District of Columbia Cir- ‘‘Nothing’’ and inserting the following: shall—

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TION.— VISORY BOARD.— ‘‘(II) REQUIREMENT.—Research carried out ‘‘(I) IN GENERAL.—In this subparagraph, the ‘‘(I) ESTABLISHMENT.—There is established using amounts made available under sub- term ‘deep saline formation’ means a forma- an advisory board to be known as the ‘Direct clause (I) may not duplicate research funded tion of subsurface geographically extensive Air Capture Technology Advisory Board’. by the Department of Energy. sedimentary rock layers saturated with ‘‘(II) COMPOSITION.—The Board shall be ‘‘(vi) TERMINATION OF AUTHORITY.—The waters or brines that have a high total dis- composed of 9 members appointed by the Ad- Board and all authority provided under this solved solids content and that are below the ministrator, who shall provide expertise in— subparagraph shall terminate not later than depth where carbon dioxide can exist in the ‘‘(aa) climate science; 10 years after the date of enactment of the formation as a supercritical fluid. ‘‘(bb) physics; USE IT Act. ‘‘(II) CLARIFICATION.—In this subparagraph, ‘‘(cc) chemistry; the term ‘deep saline formation’ does not in- ‘‘(C) CARBON DIOXIDE UTILIZATION RE- ‘‘(dd) biology; clude oil and gas reservoirs. SEARCH.— ‘‘(ee) engineering; ‘‘(ii) REPORT.—In consultation with the ‘‘(i) DEFINITION OF CARBON DIOXIDE UTILIZA- ‘‘(ff) economics; Secretary of Energy, and, as appropriate, TION.—In this subparagraph, the term ‘car- ‘‘(gg) business management; and with the head of any other relevant Federal bon dioxide utilization’ refers to tech- ‘‘(hh) such other disciplines as the Admin- agency and relevant stakeholders, not later nologies or approaches that lead to the use istrator determines to be necessary to than 1 year after the date of enactment of of carbon dioxide— achieve the purposes of this subparagraph. the USE IT Act, the Administrator shall pre- ‘‘(I) through the fixation of carbon dioxide ‘‘(III) TERM; VACANCIES.— pare, submit to Congress, and make publicly through photosynthesis or chemosynthesis, ‘‘(aa) TERM.—A member of the Board shall available a report that includes— serve for a term of 6 years. such as through the growing of algae or bac- ‘‘(I) a comprehensive identification of po- teria; ‘‘(bb) VACANCIES.—A vacancy on the tential risks and benefits to project devel- Board— ‘‘(II) through the chemical conversion of opers associated with increased storage of ‘‘(AA) shall not affect the powers of the carbon dioxide to a material or chemical carbon dioxide captured from stationary Board; and compound in which the carbon dioxide is se- sources in deep saline formations, using ex- ‘‘(BB) shall be filled in the same manner as curely stored; or isting research; the original appointment was made. ‘‘(III) through the use of carbon dioxide for ‘‘(II) recommendations, if any, for man- ‘‘(IV) INITIAL MEETING.—Not later than 30 any other purpose for which a commercial aging the potential risks identified under days after the date on which all members of market exists, as determined by the Admin- subclause (I), including potential risks the Board have been appointed, the Board istrator. unique to public land; and shall hold the initial meeting of the Board. ‘‘(ii) PROGRAM.—The Administrator, in ‘‘(III) recommendations, if any, for Federal ‘‘(V) MEETINGS.—The Board shall meet at consultation with the Secretary of Energy, legislation or other policy changes to miti- the call of the Chairperson or on the request shall carry out a research and development gate any potential risks identified under sub- of the Administrator. program for carbon dioxide utilization to clause (I). ‘‘(VI) QUORUM.—A majority of the members promote existing and new technologies that ‘‘(E) REPORT ON CARBON DIOXIDE NON- of the Board shall constitute a quorum, but transform carbon dioxide generated by in- REGULATORY STRATEGIES AND TECH- a lesser number of members may hold hear- dustrial processes into a product of commer- NOLOGIES.— ings. cial value, or as an input to products of com- ‘‘(i) IN GENERAL.—Not less frequently than ‘‘(VII) CHAIRPERSON AND VICE CHAIR- mercial value. once every 2 years, the Administrator shall PERSON.—The Board shall select a Chair- ‘‘(iii) TECHNICAL AND FINANCIAL ASSIST- submit to the Committee on Environment person and Vice Chairperson from among the ANCE.—Not later than 2 years after the date and Public Works of the Senate and the members of the Board. of enactment of the USE IT Act, in carrying Committee on Energy and Commerce of the ‘‘(VIII) COMPENSATION.—Each member of out this subsection, the Administrator, in House of Representatives a report that de- the Board may be compensated at not to ex- consultation with the Secretary of Energy, scribes— ceed the daily equivalent of the annual rate shall support research and infrastructure ac- ‘‘(I) the recipients of assistance under sub- of basic pay in effect for a position at level tivities relating to carbon dioxide utilization paragraphs (B) and (C); and V of the Executive Schedule under section by providing technical assistance and finan- ‘‘(II) a plan for supporting additional non- 5316 of title 5, United States Code, for each cial assistance in accordance with clause regulatory strategies and technologies that day during which the member is engaged in (iv). could significantly prevent carbon dioxide the actual performance of the duties of the ‘‘(iv) ELIGIBILITY.—To be eligible to receive emissions or reduce carbon dioxide levels in Board. technical assistance and financial assistance the air, in conjunction with other Federal ‘‘(IX) DUTIES.—The Board shall advise the under clause (iii), a carbon dioxide utiliza- agencies. Administrator on carrying out the duties of tion project shall— ‘‘(ii) INCLUSIONS.—The plan submitted the Administrator under this subparagraph. ‘‘(I) have access to an emissions stream under clause (i) shall include— ‘‘(X) FACA.—The Federal Advisory Com- generated by a stationary source within the ‘‘(I) a methodology for evaluating and mittee Act (5 U.S.C. App.) shall apply to the United States that is capable of supplying ranking technologies based on the ability of Board. not less than 250 metric tons per day of car- the technologies to cost effectively reduce ‘‘(iv) INTELLECTUAL PROPERTY.— bon dioxide for research; carbon dioxide emissions or carbon dioxide ‘‘(I) IN GENERAL.—As a condition of receiv- ‘‘(II) have access to adequate space for a levels in the air; and ing a financial award under this subpara- laboratory and equipment for testing small- ‘‘(II) a description of any nonair-related graph, an applicant shall agree to vest the scale carbon dioxide utilization technologies, environmental or energy considerations re- intellectual property of the applicant de- with onsite access to larger test bays for garding the technologies. rived from the technology in 1 or more enti- scale-up; and ‘‘(F) GAO REPORT.—The Comptroller Gen- ties that are incorporated in the United ‘‘(III) have existing partnerships with in- eral of the United States shall submit to States. stitutions of higher education, private com- Congress a report that— ‘‘(II) RESERVATION OF LICENSE.—The United panies, States, or other government entities. ‘‘(i) identifies all Federal grant programs States— ‘‘(v) COORDINATION.—In supporting carbon in which a purpose of a grant under the pro- ‘‘(aa) may reserve a nonexclusive, non- dioxide utilization projects under this para- gram is to perform research on carbon cap- transferable, irrevocable, paid-up license, to graph, the Administrator shall consult with ture and utilization technologies, including have practiced for or on behalf of the United the Secretary of Energy, and, as appropriate, direct air capture technologies; and States, in connection with any intellectual with the head of any other relevant Federal ‘‘(ii) examines the extent to which the Fed- property described in subclause (I); but agency, States, the private sector, and insti- eral grant programs identified pursuant to ‘‘(bb) shall not, in the exercise of a license tutions of higher education to develop meth- clause (i) overlap or are duplicative.’’. reserved under item (aa), publicly disclose ods and technologies to account for the car- (c) REPORT.—Not later than 1 year after proprietary information relating to the li- bon dioxide emissions avoided by the carbon the date of enactment of this Act, the Ad- cense. dioxide utilization projects. ministrator of the Environmental Protection ‘‘(III) TRANSFER OF TITLE.—Title to any in- ‘‘(vi) AUTHORIZATION OF APPROPRIATIONS.— Agency (referred to in this section as the tellectual property described in subclause (I) ‘‘(I) IN GENERAL.—Of the amounts author- ‘‘Administrator’’) shall submit to Congress a shall not be transferred or passed, except to ized to be appropriated for the Environ- report describing how funds appropriated to an entity that is incorporated in the United mental Protection Agency, $50,000,000 shall the Administrator during the 5 most recent

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(iv) identifies gaps in the current Federal relevant Federal agencies a report that de- (d) INCLUSION OF CARBON CAPTURE INFRA- regulatory framework for the deployment of scribes any recommendations for legislation, STRUCTURE PROJECTS.—Section 41001(6) of the carbon capture, utilization, and sequestra- rules, revisions to rules, or other policies FAST Act (42 U.S.C. 4370m(6)) is amended— tion projects and carbon dioxide pipelines; that would address the issues identified by and (1) in subparagraph (A)— the task forces under paragraph (4)(E). (v) identifies Federal financing mecha- (A) in the matter preceding clause (i), by (4) TASK FORCE.— nisms available to project developers. inserting ‘‘carbon capture,’’ after ‘‘manufac- (A) ESTABLISHMENT.—Not later than 18 (B) SUBMISSION; PUBLICATION.—The Chair turing,’’; months after the date of enactment of this (B) in clause (i)(III), by striking ‘‘or’’ at shall— (i) submit the report under subparagraph Act, the Chair shall establish not less than 2 the end; task forces, which shall each cover a dif- (C) by redesignating clause (ii) as clause (A) to the Committee on Environment and Public Works of the Senate and the Com- ferent geographical area with differing de- (iii); and mographic, land use, or geological issues— (D) by inserting after clause (i) the fol- mittee on Energy and Commerce of the House of Representatives; and (i) to identify permitting and other chal- lowing: lenges and successes that permitting au- ‘‘(ii) is covered by a programmatic plan or (ii) as soon as practicable, make the report publicly available. thorities and project developers and opera- environmental review developed for the pri- tors face; and mary purpose of facilitating development of (3) GUIDANCE.— (A) IN GENERAL.—After submission of the (ii) to improve the performance of the per- carbon dioxide pipelines; or’’; and report under paragraph (2)(B), but not later mitting process and regional coordination (2) by adding at the end the following: than 1 year after the date of enactment of for the purpose of promoting the efficient, ‘‘(C) INCLUSION.—For purposes of subpara- this Act, the Chair shall submit guidance orderly, and responsible development of car- graph (A), construction of infrastructure for consistent with that report to all relevant bon capture, utilization, and sequestration carbon capture includes construction of— Federal agencies that— projects and carbon dioxide pipelines. ‘‘(i) any facility, technology, or system (i) facilitates reviews associated with the (B) MEMBERS AND SELECTION.— that captures, utilizes, or sequesters carbon deployment of carbon capture, utilization, (i) IN GENERAL.—The Chair shall— dioxide emissions, including projects for di- and sequestration projects and carbon diox- (I) develop criteria for the selection of rect air capture (as defined in paragraph ide pipelines; and members to each task force; and (6)(B)(i) of section 103(g) of the Clean Air Act (ii) supports the efficient, orderly, and re- (II) select members for each task force in (42 U.S.C. 7403(g)); and sponsible development of carbon capture, accordance with subclause (I) and clause (ii). ‘‘(ii) carbon dioxide pipelines.’’. utilization, and sequestration projects and (ii) MEMBERS.—Each task force— (e) DEVELOPMENT OF CARBON CAPTURE, UTI- carbon dioxide pipelines. (I) shall include not less than 1 representa- LIZATION, AND SEQUESTRATION REPORT, PER- (B) REQUIREMENTS.— tive of each of— MITTING GUIDANCE, AND REGIONAL PERMIT- (i) IN GENERAL.—The guidance under sub- (aa) the Environmental Protection Agency; TING TASK FORCE.— paragraph (A) shall address requirements (bb) the Department of Energy; (1) DEFINITIONS.—In this subsection: under— (cc) the Department of the Interior; (A) CARBON CAPTURE, UTILIZATION, AND SE- (I) the National Environmental Policy Act (dd) any other Federal agency the Chair QUESTRATION PROJECTS.—The term ‘‘carbon of 1969 (42 U.S.C. 4321 et seq.); determines to be appropriate; capture, utilization, and sequestration (II) the Federal Water Pollution Control (ee) any State that requests participation projects’’ includes projects for direct air cap- Act (33 U.S.C. 1251 et seq.); in the geographical area covered by the task ture (as defined in paragraph (6)(B)(i) of sec- (III) the Clean Air Act (42 U.S.C. 7401 et force; tion 103(g) of the Clean Air Act (42 U.S.C. seq.); (ff) developers or operators of carbon cap- 7403(g))). (IV) the Safe Drinking Water Act (42 U.S.C. ture, utilization, and sequestration projects (B) EFFICIENT, ORDERLY, AND RESPON- 300f et seq.); or carbon dioxide pipelines; and SIBLE.—The term ‘‘efficient, orderly, and re- (V) the Endangered Species Act of 1973 (16 (gg) nongovernmental membership organi- sponsible’’ means, with respect to develop- U.S.C. 1531 et seq.); zations, the primary mission of which con- ment or the permitting process for carbon (VI) division A of subtitle III of title 54, cerns protection of the environment; and capture, utilization, and sequestration United States Code (formerly known as the (II) at the request of a Tribal or local gov- projects and carbon dioxide pipelines, a proc- ‘‘National Historic Preservation Act’’); ernment, may include a representative of— ess that is completed in an expeditious man- (VII) the Migratory Bird Treaty Act (16 ner while maintaining environmental, U.S.C. 703 et seq.); (aa) not less than 1 local government in health, and safety protections. (VIII) the Act of June 8, 1940 (16 U.S.C. 668 the geographical area covered by the task (2) REPORT.— et seq.) (commonly known as the ‘‘Bald and force; and (A) IN GENERAL.—Not later than 180 days Golden Eagle Protection Act’’); and (bb) not less than 1 Tribal government in after the date of enactment of this Act, the (IX) any other Federal law that the Chair the geographical area covered by the task Chair of the Council on Environmental Qual- determines to be appropriate. force. ity (referred to in this section as the (ii) ENVIRONMENTAL REVIEWS.—The guid- (C) MEETINGS.— ‘‘Chair’’), in consultation with the Adminis- ance under subparagraph (A) shall include di- (i) IN GENERAL.—Each task force shall meet trator of the Environmental Protection rection to States and other interested par- not less than twice each year. Agency, the Secretary of Energy, the Sec- ties for the development of programmatic (ii) JOINT MEETING.—To the maximum ex- retary of the Interior, the Executive Direc- environmental reviews under the National tent practicable, the task forces shall meet tor of the Federal Permitting Improvement Environmental Policy Act of 1969 (42 U.S.C. collectively not less than once each year. Council, and the head of any other relevant 4321 et seq.) for carbon capture, utilization, (D) DUTIES.—Each task force shall— Federal agency (as determined by the Presi- and sequestration projects and carbon diox- (i) inventory existing or potential Federal dent), shall prepare a report that— ide pipelines. and State approaches to facilitate reviews (i) compiles all existing relevant Federal (iii) PUBLIC INVOLVEMENT.—The guidance associated with the deployment of carbon permitting and review information and re- under subparagraph (A) shall be subject to capture, utilization, and sequestration sources for project applicants, agencies, and the public notice, comment, and solicitation projects and carbon dioxide pipelines, includ- other stakeholders interested in the deploy- of information procedures under section ing best practices that— ment of carbon capture, utilization, and se- 1506.6 of title 40, Code of Federal Regulations (I) avoid duplicative reviews; questration projects and carbon dioxide pipe- (or a successor regulation). (II) engage stakeholders early in the per- lines, including— (C) SUBMISSION; PUBLICATION.—The Chair mitting process; and (I) the appropriate points of interaction shall— (III) make the permitting process efficient, with Federal agencies; (i) submit the guidance under subpara- orderly, and responsible; (II) clarification of the permitting respon- graph (A) to the Committee on Environment (ii) develop common models for State-level sibilities and authorities among Federal and Public Works of the Senate and the carbon dioxide pipeline regulation and over- agencies; and Committee on Energy and Commerce of the sight guidelines that can be shared with (III) best practices and templates for per- House of Representatives; and States in the geographical area covered by mitting; (ii) as soon as practicable, make the guid- the task force; (ii) inventories current or emerging activi- ance publicly available. (iii) provide technical assistance to States ties that transform captured carbon dioxide (D) EVALUATION.—The Chair shall— in the geographical area covered by the task

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force in implementing regulatory require- CHAPTER 2—WORKER TRAINING AND CAPACITY Sec. 1507. Advanced nuclear reactor research ments and any models developed under BUILDING and development goals. clause (ii); Sec. 1011. Building training and assessment Sec. 1508. Nuclear energy strategic plan. (iv) inventory current or emerging activi- centers. Sec. 1509. Advanced nuclear fuel security ties that transform captured carbon dioxide Sec. 1012. Career skills training. program. into a product of commercial value, or as an Sec. 1510. International nuclear energy co- SUBPART B—INDUSTRIAL EFFICIENCY AND input to products of commercial value; operation. COMPETITIVENESS (v) identify any priority carbon dioxide Sec. 1511. Integrated Energy Systems pipelines needed to enable efficient, orderly, Sec. 1021. Purposes. Program. Sec. 1022. Future of Industry program and and responsible development of carbon cap- industrial research and assess- Subtitle F—Industrial Technologies ture, utilization, and sequestration projects ment centers. PART I—INNOVATION at increased scale; Sec. 1023. CHP Technical Assistance Part- (vi) identify gaps in the current Federal Sec. 1601. Purpose. nership Program. Sec. 1602. Coordination of research and de- and State regulatory framework and in ex- Sec. 1024. Sustainable manufacturing initia- velopment of energy efficient isting data for the deployment of carbon cap- tive. technologies for industry. ture, utilization, and sequestration projects Sec. 1025. Conforming amendments. Sec. 1603. Industrial emissions reduction and carbon dioxide pipelines; technology development pro- (vii) identify Federal and State financing SUBPART C—FEDERAL AGENCY ENERGY gram. mechanisms available to project developers; EFFICIENCY Sec. 1604. Industrial Technology Innovation and Sec. 1031. Energy and water performance re- Advisory Committee. (viii) develop recommendations for rel- quirements for Federal build- Sec. 1605. Technical assistance program to evant Federal agencies on how to develop ings. implement industrial emissions and research technologies that— Sec. 1032. Federal Energy Management Pro- reduction. (I) can capture carbon dioxide; and gram. (II) would be able to be deployed within the Sec. 1033. Use of energy and water efficiency PART II—SMART MANUFACTURING region covered by the task force, including measures in Federal buildings. Sec. 1611. Definitions. any projects that have received technical or Sec. 1034. Federal building energy efficiency Sec. 1612. Development of national smart financial assistance for research under para- performance standards; certifi- manufacturing plan. graph (6) of section 103(g) of the Clean Air cation system and level for Sec. 1613. Leveraging existing agency pro- Act (42 U.S.C. 7403(g)). green buildings. grams to assist small and me- (E) REPORT.—Each year, each task force Sec. 1035. Energy-efficient and energy-sav- dium manufacturers. shall prepare and submit to the Chair and to ing information technologies. Sec. 1614. Leveraging smart manufacturing the other task forces a report that includes— Sec. 1036. High-performance green Federal infrastructure at National Lab- (i) any recommendations for improvements buildings. oratories. in efficient, orderly, and responsible issuance Sec. 1037. Energy efficient data centers. Sec. 1615. State manufacturing leadership. or administration of Federal permits and SUBPART D—REBATES AND CERTIFICATIONS Sec. 1616. Report. other Federal authorizations required under Sec. 1041. Third-Party Certification Under Subtitle G—Vehicles a law described in paragraph (3)(B)(i); and Energy Star Program. Sec. 1701. Objectives. (ii) any other nationally relevant informa- Sec. 1042. Extended Product System Rebate Sec. 1702. Coordination and nonduplication. tion that the task force has collected in car- Program. Sec. 1703. Authorization of appropriations. rying out the duties under subparagraph (D). Sec. 1043. Energy Efficient Transformer Re- Sec. 1704. Reporting. (F) EVALUATION.—Not later than 5 years bate Program. Sec. 1705. Vehicle research and development. after the date of enactment of this Act, the SUBPART E—MISCELLANEOUS Sec. 1706. Medium- and heavy-duty commer- Chair shall— Sec. 1051. Advance appropriations required. cial and transit vehicles pro- (i) reevaluate the need for the task forces; gram. PART II—WEATHERIZATION and Sec. 1707. Class 8 truck and trailer systems (ii) submit to Congress a recommendation Sec. 1101. Weatherization Assistance Pro- demonstration. as to whether the task forces should con- gram. Sec. 1708. Technology testing and metrics. tinue. Subtitle B—Renewable Energy Sec. 1709. Nonroad systems pilot program. Sec. 1201. Hydroelectric production incen- Sec. 1710. Repeal of existing authorities. SA 1407. Ms. MURKOWSKI submitted tives and efficiency improve- Subtitle H—Department of Energy an amendment intended to be proposed ments. Sec. 1801. Veterans’ health initiative. by her to the bill S. 2657, to support in- Sec. 1202. Marine energy research and devel- Sec. 1802. Small scale LNG access. novation in advanced geothermal re- opment. Sec. 1803. Appalachian energy for national search and development, and for other Sec. 1203. Advanced geothermal innovation security. purposes; which was ordered to lie on leadership. Sec. 1804. Energy and water for sustain- Sec. 1204. Wind energy research and develop- the table; as follows: ability. ment. Sec. 1805. Technology transitions. Strike all after the enacting clause and in- Sec. 1205. Solar energy research and devel- Sec. 1806. Energy Technology Commer- sert the following: opment. cialization Fund cost-sharing. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Subtitle C—Energy Storage Sec. 1807. State loan eligibility. (a) SHORT TITLE.—This Act may be cited as Sec. 1301. Better energy storage technology. Sec. 1808. ARPA–E reauthorization. the ‘‘American Energy Innovation Act of Sec. 1302. Bureau of Reclamation pumped Sec. 1809. Adjusting strategic petroleum re- 2020’’. storage hydropower develop- serve mandated drawdowns. (b) TABLE OF CONTENTS.—The table of con- ment. TITLE II—SUPPLY CHAIN SECURITY tents for this Act is as follows: Subtitle D—Carbon Capture, Utilization, and Subtitle A—Mineral Security Sec. 1. Short title; table of contents. Storage Sec. 2101. Mineral security. Sec. 2. Definitions. Sec. 1401. Fossil energy. Sec. 2102. Rare earth element advanced coal TITLE I—INNOVATION Sec. 1402. Establishment of coal and natural technologies. Subtitle A—Efficiency gas technology program. Subtitle B—Cybersecurity and Grid Security Sec. 1403. Carbon storage validation and PART I—ENERGY SAVINGS AND INDUSTRIAL and Modernization testing. COMPETITIVENESS Sec. 1404. Carbon utilization program. PART I—CYBERSECURITY AND GRID SECURITY SUBPART A—BUILDINGS Sec. 1405. Carbon removal. Sec. 2201. Incentives for advanced cybersecu- CHAPTER 1—BUILDING EFFICIENCY Subtitle E—Nuclear rity technology investment. Sec. 2202. Rural and municipal utility ad- Sec. 1001. Commercial building energy con- Sec. 1501. Light water reactor sustainability vanced cybersecurity grant and sumption information sharing. program. technical assistance program. Sec. 1002. Energy efficiency materials pilot Sec. 1502. Nuclear energy research, develop- Sec. 2203. State energy security plans. program. ment, and demonstration. Sec. 2204. Enhancing grid security through Sec. 1003. Coordination of energy retro- Sec. 1503. Advanced fuels development. public-private partnerships. fitting assistance for schools. Sec. 1504. Nuclear science and engineering Sec. 2205. Enhanced grid security. Sec. 1004. Grants for energy efficiency im- support. provements and renewable en- Sec. 1505. University Nuclear Leadership PART II—GRID MODERNIZATION ergy improvements at public Program. Sec. 2210. Grid storage program. school facilities. Sec. 1506. Versatile, reactor-based fast neu- Sec. 2211. Technology demonstration on the Sec. 1005. Smart Building Acceleration. tron source. distribution system.

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0655 E:\CR\FM\A03MR6.070 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1352 CONGRESSIONAL RECORD — SENATE March 3, 2020 Sec. 2212. Micro-grid and hybrid micro-grid Sec. 3028. Repeal of study on alternative fuel ager database of the Environmental Protec- systems program. use in nonroad vehicles and en- tion Agency, and State and local building en- Sec. 2213. Electric grid architecture, sce- gines. ergy disclosure laws (including regulations), nario development, and mod- Sec. 3029. Repeal of low interest loan pro- respectively, and the manner in which those eling. gram for small business fleet methodologies can be improved; and Sec. 2214. Voluntary model pathways. purchases. (B) consistencies and variations in data for Sec. 2215. Performance metrics for elec- Sec. 3030. Repeal of technical and policy buildings that were captured in the 2012 tricity infrastructure providers. analysis for replacement fuel CBECS cycle and in the Portfolio Manager Sec. 2216. Voluntary State, regional, and demand and supply informa- database of the Environmental Protection local electricity distribution tion. Agency. planning. Sec. 3031. Repeal of 1992 Report on Climate (c) DATA.—The data referred in subsection Sec. 2217. Authorization of appropriations. Change. (b)(2) includes data that— Subtitle C—Workforce Development Sec. 3032. Repeal of Director of Climate Pro- (1) is collected through the Portfolio Man- Sec. 2301. Definitions. tector establishment. ager database of the Environmental Protec- Sec. 2302. Addressing insufficient compensa- Sec. 3033. Repeal of 1994 report on global cli- tion Agency; tion of employees and other mate change emissions. (2) is required to be publicly available on personnel of the Federal Energy Sec. 3034. Repeal of telecommuting study. the internet under State and local govern- Regulatory Commission. Sec. 3035. Repeal of advanced buildings for ment building energy disclosure laws (in- Sec. 2303. Report on the authority of the 2005 program. cluding regulations); and Secretary to implement flexible Sec. 3036. Repeal of Energy Research, Devel- (3) includes information on private sector compensation models. opment, Demonstration, and buildings that are not less than 250,000 Sec. 2304. 21st Century Energy Workforce Commercial Application Advi- square feet. Advisory Board. sory Board. (d) PROTECTION OF INFORMATION.—In car- Sec. 2305. National Laboratory jobs access Sec. 3037. Repeal of study on use of energy rying out the agreement, the Administrator pilot program. futures for fuel purchase. and the Administrator of the Environmental Sec. 2306. Clean energy workforce pilot pro- Sec. 3038. Repeal of energy subsidy study. Protection Agency shall protect information gram. Sec. 3039. Elimination and consolidation of in accordance with— TITLE III—CODE MAINTENANCE certain America COMPETES (1) section 552(b)(4) of title 5, United States programs. Sec. 3001. Repeal of off-highway motor vehi- Code (commonly known as the ‘Freedom of Sec. 3040. Repeal of prior limitation on com- Information Act’); cles study. pensation of the Secretary of Sec. 3002. Repeal of methanol study. (2) subchapter III of chapter 35 of title 44, the Interior. Sec. 3003. Repeal of state utility regulatory United States Code; and assistance. SEC. 2. DEFINITIONS. (3) any other applicable law (including reg- Sec. 3004. Repeal of authorization of appro- In this Act: ulations). priations provision. (1) DEPARTMENT.—The term ‘‘Department’’ SEC. 1002. ENERGY EFFICIENCY MATERIALS Sec. 3005. Repeal of residential energy effi- means the Department of Energy. PILOT PROGRAM. ciency standards study. (2) NATIONAL LABORATORY.—The term ‘‘Na- (a) DEFINITIONS.—In this section: Sec. 3006. Repeal of weatherization study. tional Laboratory’’ has the meaning given (1) APPLICANT.—The term ‘‘applicant’’ Sec. 3007. Repeal of report to Congress. the term in section 2 of the Energy Policy means a nonprofit organization that applies Sec. 3008. Repeal of survey of energy saving Act of 2005 (42 U.S.C. 15801). for a grant under this section. potential. (3) SECRETARY.—Unless otherwise specified, (2) ENERGY-EFFICIENCY MATERIAL.— Sec. 3009. Repeal of report by General Serv- the term ‘‘Secretary’’ means the Secretary (A) IN GENERAL.—The term ‘‘energy-effi- ices Administration. of Energy. ciency material’’ means a material (includ- Sec. 3010. Repeal of intergovernmental en- TITLE I—INNOVATION ing a product, equipment, or system) the in- ergy management planning and Subtitle A—Efficiency stallation of which results in a reduction in coordination workshops. PART I—ENERGY SAVINGS AND use by a nonprofit organization of energy or Sec. 3011. Repeal of Inspector General audit fuel. survey and President’s Council INDUSTRIAL COMPETITIVENESS (B) INCLUSIONS.—The term ‘‘energy-effi- on Integrity and Efficiency re- Subpart A—Buildings ciency material’’ includes— port to Congress. CHAPTER 1—BUILDING EFFICIENCY (i) a roof or lighting system or component Sec. 3012. Repeal of procurement and identi- SEC. 1001. COMMERCIAL BUILDING ENERGY CON- of the system; fication of energy efficient SUMPTION INFORMATION SHARING. (ii) a window; products program. (a) IN GENERAL.—Not later than 120 days (iii) a door, including a security door; Sec. 3013. Repeal of photovoltaic energy pro- after the date of enactment of this Act, the (iv) a heating, ventilation, or air condi- gram. Administrator of the Energy Information tioning system or component of the system Sec. 3014. Repeal of national action plan for Administration (referred to in this section as (including insulation and wiring and plumb- demand response. the ‘‘Administrator’’) and the Administrator ing improvements needed to serve a more ef- Sec. 3015. Repeal of energy auditor training of the Environmental Protection Agency ficient system); and and certification. (v) a renewable energy generation or heat- Sec. 3016. Repeal of national coal policy shall sign, and submit to Congress, an infor- ing system, including a solar, photovoltaic, study. mation sharing agreement (referred to in Sec. 3017. Repeal of study on compliance this section as the ‘‘agreement’’) relating to wind, geothermal, or biomass (including problem of small electric util- commercial building energy consumption wood pellet) system or component of the sys- ity systems. data. tem. Sec. 3018. Repeal of study of socioeconomic (b) CONTENT OF AGREEMENT.—The agree- (3) NONPROFIT BUILDING.— impacts of increased coal pro- ment shall— (A) IN GENERAL.—The term ‘‘nonprofit duction and other energy devel- (1) provide that the Administrator shall building’’ means a building operated and opment. have access to building-specific data in the owned by an organization that is described Sec. 3019. Repeal of study of the use of pe- Portfolio Manager database of the Environ- in section 501(c)(3) of the Internal Revenue troleum and natural gas in mental Protection Agency; Code of 1986 and exempt from tax under sec- combustors. (2) describe the manner in which the Ad- tion 501(a) of such Code. Sec. 3020. Repeal of authorization of appro- ministrator shall incorporate appropriate (B) INCLUSIONS.—The term ‘‘nonprofit priations. data (including the data described in sub- building’’ includes a building described in Sec. 3021. Repeal of submission of reports. section (c)) into any Commercial Buildings subparagraph (A) that is— Sec. 3022. Repeal of electric utility con- Energy Consumption Survey (referred to in (i) a hospital; servation plan. this section as ‘‘CBECS’’) published after the (ii) a youth center; Sec. 3023. Emergency Energy Conservation date of enactment of this Act for the purpose (iii) a school; repeals. of analyzing and estimating building popu- (iv) a social-welfare program facility; Sec. 3024. Energy Security Act repeals. lation, size, location, activity, energy usage, (v) a faith-based organization; or Sec. 3025. Nuclear Safety Research, Develop- and any other relevant building char- (vi) any other nonresidential and non- ment, and Demonstration Act acteristic; and commercial structure. of 1980 repeals. (3) describe and compare— (b) ESTABLISHMENT.—Not later than 1 year Sec. 3026. Repeal of Renewable Energy and (A) the methodologies that the Energy In- after the date of enactment of this Act, the Energy Efficiency Technology formation Administration, the Environ- Secretary shall establish a pilot program to Competitiveness Act of 1989. mental Protection Agency, and State and award grants for the purpose of providing Sec. 3027. Repeal of hydrogen research, de- local government managers use to maximize nonprofit buildings with energy-efficiency velopment, and demonstration the quality, reliability, and integrity of data materials. program. collected through CBECS, the Portfolio Man- (c) GRANTS.—

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(1) IN GENERAL.—The Secretary may award and facilitation that are currently used or provements to building envelope, air condi- grants under the program established under may be used to help initiate, develop, and fi- tioning, ventilation, heating system, domes- subsection (b). nance energy efficiency, renewable energy, tic hot water heating, compressed air sys- (2) APPLICATION.—The Secretary may and energy retrofitting projects for schools; tems, distribution systems, lighting, power award a grant under paragraph (1) if an ap- (2) establish a Federal cross-departmental systems, and controls; plicant submits to the Secretary an applica- collaborative coordination, education, and (B) any improvement, repair, renovation, tion at such time, in such form, and con- outreach effort to streamline communica- or installation that— taining such information as the Secretary tion and promote available Federal opportu- (i) leads to an improvement in teacher and may prescribe. nities and assistance described in paragraph student health, including indoor air quality, (3) CRITERIA FOR GRANT.—In determining (1), for energy efficiency, renewable energy, daylighting, ventilation, electrical lighting, whether to award a grant under paragraph and energy retrofitting projects that enables green roofs, outdoor gardens, and acoustics; (1), the Secretary shall apply performance- States, local educational agencies, and and based criteria, which shall give priority to schools— (ii) results in a reduction in school energy applicants based on— (A) to use existing Federal opportunities costs as described in subparagraph (A); (A) the energy savings achieved; more effectively; and (C) the installation of renewable energy (B) the cost-effectiveness of the use of en- (B) to form partnerships with Governors, technologies (such as wind power, ergy-efficiency materials; State energy programs, local educational, fi- photovoltaics, solar thermal systems, geo- (C) an effective plan for evaluation, meas- nancial, and energy officials, State and local thermal energy, hydrogen-fueled systems, urement, and verification of energy savings; government officials, nonprofit organiza- biomass-based systems, biofuels, anaerobic and tions, and other appropriate entities, to sup- digesters, and hydropower) that provide (D) the financial need of the applicant. port the initiation of the projects; power to a school; (4) LIMITATION ON INDIVIDUAL GRANT (3) provide technical assistance for States, (D) the installation of zero-emissions vehi- AMOUNT.—Each grant awarded under this sec- local educational agencies, and schools to cle infrastructure on school grounds for ex- tion shall not exceed $200,000. help develop and finance energy efficiency, clusive use of school buses, school fleets, or (d) REPORT.—Not later than January 1, renewable energy, and energy retrofitting students, or for the general public; and 2023, the Secretary shall submit to Congress projects— (E) the purchase or lease of zero-emissions a report on the pilot program established (A) to increase the energy efficiency of vehicles, including school buses, fleet vehi- under subsection (b) that describes— buildings or facilities; cles, and other operational vehicles. (1) the net reduction in energy use and en- (B) to install systems that individually (3) LOCAL EDUCATIONAL AGENCY.—The term ergy costs under the pilot program; and generate energy from renewable energy re- ‘‘local educational agency’’ has the meaning (2) for each recipient of a grant under the sources; given the term in section 8101 of the Elemen- pilot program— (C) to establish partnerships to leverage tary and Secondary Education Act of 1965 (20 (A) the geographic location of the recipi- economies of scale and additional financing U.S.C. 7801). ent; and mechanisms available to larger clean energy (4) PARTNERING LOCAL EDUCATIONAL AGEN- (B) the size of the organization of the re- initiatives; or CY.—The term ‘‘partnering local educational cipient. (D) to promote— agency’’, when used with respect to an eligi- (e) AUTHORIZATION OF APPROPRIATIONS.— (i) the maintenance of health, environ- ble entity, means the local educational agen- There is authorized to be appropriated to mental quality, and safety in schools, includ- cy participating in the eligible entity. carry out this section $10,000,000 for each of ing the ambient air quality, through energy (5) ZERO-EMISSIONS VEHICLE INFRASTRUC- fiscal years 2021 through 2025, to remain efficiency, renewable energy, and energy ret- TURE.—The term ‘‘zero-emissions vehicle in- available until expended. rofit projects; and frastructure’’ means infrastructure used to SEC. 1003. COORDINATION OF ENERGY RETRO- (ii) the achievement of expected energy charge or fuel— FITTING ASSISTANCE FOR SCHOOLS. savings and renewable energy production (A) a zero-emission vehicle (as defined in (a) DEFINITION OF SCHOOL.—In this section, through proper operations and maintenance section 88.102–94 of title 40, Code of Federal the term ‘‘school’’ means— practices; Regulations (or successor regulation)); or (1) an elementary school or secondary (4) develop and maintain a single online re- (B) a vehicle that does not produce exhaust school (as defined in section 8101 of the Ele- source website with contact information for emissions of any criteria pollutant (or pre- mentary and Secondary Education Act of relevant technical assistance and support cursor pollutant) or greenhouse gas under 1965 (20 U.S.C. 7801)); staff in the Office of Energy Efficiency and any possible operational modes or condi- (2) an institution of higher education (as Renewable Energy for States, local edu- tions. defined in section 102(a) of the Higher Edu- cational agencies, and schools to effectively cation Act of 1965 (20 U.S.C. 1002(a))); access and use Federal opportunities and as- (b) AUTHORITY.—From amounts made (3) a school of the defense dependents’ edu- sistance described in paragraph (1) to de- available for grants under this section, the cation system under the Defense Dependents’ velop energy efficiency, renewable energy, Secretary shall award competitive grants to Education Act of 1978 (20 U.S.C. 921 et seq.) and energy retrofitting projects; and eligible entities to make energy improve- or established under section 2164 of title 10, (5) establish a process for recognition of ments authorized by this section. United States Code; schools that— (c) APPLICATIONS.— (4) a school operated by the Bureau of In- (A) have successfully implemented energy (1) IN GENERAL.—An eligible entity desiring dian Education; efficiency, renewable energy, and energy ret- a grant under this section shall submit to (5) a tribally controlled school (as defined rofitting projects; and the Secretary an application at such time, in in section 5212 of the Tribally Controlled (B) are willing to serve as resources for such manner, and containing such informa- Schools Act of 1988 (25 U.S.C. 2511)); and other local educational agencies and schools tion as the Secretary may require. (6) a Tribal College or University (as de- to assist initiation of similar efforts. (2) CONTENTS.—The application submitted fined in section 316(b) of the Higher Edu- (d) REPORT.—Not later than 180 days after cation Act of 1965 (20 U.S.C. 1059c(b))). the date of enactment of this Act, the Sec- under paragraph (1) shall include each of the (b) DESIGNATION OF LEAD AGENCY.—The retary shall submit to Congress a report de- following: Secretary, acting through the Office of En- scribing the implementation of this section. (A) A needs assessment of the current con- ergy Efficiency and Renewable Energy, shall SEC. 1004. GRANTS FOR ENERGY EFFICIENCY IM- dition of the school and facilities that are to act as the lead Federal agency for coordi- PROVEMENTS AND RENEWABLE EN- receive the energy improvements. nating and disseminating information on ex- ERGY IMPROVEMENTS AT PUBLIC (B) A draft work plan of what the eligible isting Federal programs and assistance that SCHOOL FACILITIES. entity proposes to achieve at the school and may be used to help initiate, develop, and fi- (a) DEFINITIONS.—In this section: a description of the energy improvements to nance energy efficiency, renewable energy, (1) ELIGIBLE ENTITY.—The term ‘‘eligible be carried out. and energy retrofitting projects for schools. entity’’ means a consortium of— (C) A description of the capacity of the eli- (c) REQUIREMENTS.—In carrying out coordi- (A) 1 local educational agency; and gible entity to provide services and com- nation and outreach under subsection (b), (B) 1 or more— prehensive support to make the energy im- the Secretary shall— (i) schools; provements. (1) in consultation and coordination with (ii) nonprofit organizations; (D) An assessment of the applicant’s ex- the appropriate Federal agencies, carry out a (iii) for-profit organizations; or pected needs of the eligible entity for oper- review of existing programs and financing (iv) community partners that have the ation and maintenance training funds, and a mechanisms (including revolving loan funds knowledge and capacity to partner and assist plan for use of those funds, if any. and loan guarantees) available in or from the with energy improvements. (E) An assessment of the expected energy, Department of Agriculture, the Department, (2) ENERGY IMPROVEMENT.—The term ‘‘en- safety, and health benefits of the energy im- the Department of Education, the Depart- ergy improvement’’ means— provements. ment of the Treasury, the Internal Revenue (A) any improvement, repair, renovation, (F) A lifecycle cost estimate of the pro- Service, the Environmental Protection or installation to a school, including school posed energy improvements. Agency, and other appropriate Federal agen- grounds, that will result in a direct reduc- (G) An identification of other resources cies with jurisdiction over energy financing tion in school energy costs, including im- that are available to carry out the activities

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for which funds are requested under this sec- energy improvements funded by a grant (1) ESTABLISHMENT.—Not later than 1 year tion, including the availability of utility under this section shall be paid wages at after the date of enactment of this Act, the programs and public benefit funds. rates not less than those prevailing on simi- Secretary shall, in consultation with the Ad- (d) PRIORITY.—In awarding grants under lar construction in the locality as deter- ministrator of General Services, establish a this section, the Secretary shall give a pri- mined by the Secretary of Labor under sub- program to be known as the ‘‘Federal Smart ority to eligible entities— chapter IV of chapter 31 of title 40, United Building Program’’— (1) that have renovation, repair, and im- States Code (commonly referred to as the (A) to implement smart building tech- provement funding needs; and ‘‘Davis-Bacon Act’’). nology; and (2)(A) that serve a high percentage, as de- (2) COMPETITION.—Each eligible entity re- (B) to demonstrate the costs and benefits termined by the Secretary, of students who ceiving a grant under this section shall en- of smart buildings. are eligible for a free or reduced price lunch sure that, if the eligible entity uses grant (2) SELECTION.— under the Richard B. Russell National funds to carry out repair or renovation (A) IN GENERAL.—The Secretary shall co- School Lunch Act (42 U.S.C. 1751 et seq.) through a contract, any such contract proc- ordinate the selection of not fewer than 1 (which may be calculated for students in a ess— building from among each of several key high school (as defined by section 8101 of the (A) ensures the maximum number of quali- Federal agencies, as described in paragraph Elementary and Secondary Education Act of fied bidders, including small, minority, and (4), to compose an appropriately diverse set 1965 (20 U.S.C. 7801)) using data from the women-owned businesses, through full and of smart buildings based on size, type, and schools that feed into the high school); or open competition; and geographic location. (B) with a participating local educational (B) gives priority to businesses located in, (B) INCLUSION OF COMMERCIALLY OPERATED agency designated with a school district lo- or resources common to, the State or the BUILDINGS.—In making selections under sub- cale code of 41, 42, or 43, as determined by geographical area in which the project is paragraph (A), the Secretary may include the National Center for Education Statistics carried out. buildings that are owned by the Federal Gov- in consultation with the Bureau of the Cen- (h) REPORTING.—Each eligible entity re- ernment but are commercially operated. sus. ceiving a grant under this section shall sub- (3) TARGETS.—Not later than 18 months (e) COMPETITIVE CRITERIA.—The competi- mit to the Secretary, at such time as the after the date of enactment of this Act, the tive criteria used by the Secretary to award Secretary may require, a report describing Secretary shall establish targets for the grants under this section shall include the the use of such funds for energy improve- number of smart buildings to be commis- following: ments, the estimated cost savings realized sioned and evaluated by key Federal agen- (1) The difference between the fiscal capac- by those energy improvements, the results of cies by 3 years and 6 years after the date of ity of the eligible entity to carry out, and any audit, the use of any utility programs enactment of this Act. the needs of the partnering local educational and public benefit funds, and the use of per- (4) FEDERAL AGENCY DESCRIBED.—The key agency for, energy improvements at school formance tracking for energy improvements. Federal agencies referred to in paragraph facilities, including— (2)(A) shall include buildings operated by— (i) BEST PRACTICES.— (A) the current and historic ability of the (A) the Department of the Army; (1) IN GENERAL.—The Secretary shall de- partnering local educational agency to raise velop and publish guidelines and best prac- (B) the Department of the Navy; funds for construction, renovation, mod- tices for activities carried out under this sec- (C) the Department of the Air Force; ernization, and major repair projects for (D) the Department; tion. schools; (E) the Department of the Interior; (2) DEVELOPMENT.—In carrying out para- (B) whether the partnering local edu- (F) the Department of Veterans Affairs; graph (1), the Secretary shall— cational agency has been able to issue bonds and (A) establish minimum technical require- or receive other funds to support current in- (G) the General Services Administration. ments for the conduct of energy audits and frastructure needs of the partnering local (5) REQUIREMENT.—In implementing the indoor environmental quality assessments; educational agency; and program, the Secretary shall leverage exist- and (C) the bond rating of the partnering local ing financing mechanisms including energy (B) make publicly accessible on the educational agency. savings performance contracts, utility en- website of the Department a brief annual re- (2) The likelihood that the partnering local ergy service contracts, and annual appro- port on the implementation of this section. educational agency or eligible entity will priations. (3) TECHNICAL ASSISTANCE.—The Secretary maintain in good condition, and operate, the (6) EVALUATION.—Using the guidelines of may provide technical assistance to eligible energy improvements at any facility the im- the Federal Energy Management Program entities to implement the guidelines and provement of which is assisted. relating to whole-building evaluation, meas- best practices developed under paragraph (1). (3) The potential energy, health, and safety urement, and verification, the Secretary (j) AUTHORIZATION OF APPROPRIATIONS.— benefits from the proposed energy improve- shall evaluate the costs and benefits of the There are authorized to be appropriated to ments, considering factors including the de- buildings selected under paragraph (2), in- carry out this section $100,000,000 for each of gree of efficiency, energy savings, and renew- cluding an identification of— fiscal years 2021 through 2025. able energy generation in proportion to (A) which advanced building technologies— school facility size and usage. SEC. 1005. SMART BUILDING ACCELERATION. (i) are most cost-effective; and (f) USE OF GRANT AMOUNTS.— (a) DEFINITIONS.—In this section: (ii) show the most promise for— (1) IN GENERAL.—An eligible entity receiv- (1) PROGRAM.—The term ‘‘program’’ means (I) increasing building energy savings; ing a grant under this section shall use the the Federal Smart Building Program estab- (II) increasing service performance to grant amounts only to make the energy im- lished under subsection (b)(1). building occupants; provements described in the application, (2) SMART BUILDING.—The term ‘‘smart (III) reducing environmental impacts; and subject to the other provisions of this sub- building’’ means a building, or collection of (IV) establishing cybersecurity; and section. buildings, with an energy system that— (B) any other information the Secretary (2) OPERATION AND MAINTENANCE TRAIN- (A) is flexible and automated; determines to be appropriate. ING.—An eligible entity receiving a grant (B) has extensive operational monitoring (7) AWARDS.—The Secretary may expand under this section may use not more than 5 and communication connectivity, allowing awards made under the Federal Energy Man- percent of the grant amounts for operation remote monitoring and analysis of all build- agement Program and the Better Building and maintenance training for energy effi- ing functions; Challenge to recognize specific agency ciency and renewable energy improvements (C) takes a systems-based approach in inte- achievements in accelerating the adoption of (such as maintenance staff and teacher grating the overall building operations for smart building technologies. training, education, and preventative main- control of energy generation, consumption, (c) SURVEY OF PRIVATE SECTOR SMART tenance training). and storage; BUILDINGS.— (3) AUDIT.—An eligible entity receiving a (D) communicates with utilities and other (1) SURVEY.—The Secretary shall conduct a grant under this section may use funds under third-party commercial entities, if appro- survey of privately owned smart buildings the grant for a third-party investigation and priate; throughout the United States, including analysis for energy improvements (such as (E) protects the health and safety of occu- commercial buildings, laboratory facilities, energy audits and existing building commis- pants and workers; and hospitals, multifamily residential buildings, sioning). (F) is cybersecure. and buildings owned by nonprofit organiza- (4) CONTINUING EDUCATION.—An eligible en- (3) SMART BUILDING ACCELERATOR.—The tions and institutions of higher education. tity receiving a grant under this section may term ‘‘smart building accelerator’’ means an (2) SELECTION.—From among the smart use not more than 3 percent of the grant initiative that is designed to demonstrate buildings surveyed under paragraph (1), the amounts to develop a continuing education specific innovative policies and approaches— Secretary shall select not fewer than 1 build- curriculum relating to energy improve- (A) with clear goals and a clear timeline; ing each from an appropriate range of build- ments. and ing sizes, types, and geographic locations. (g) CONTRACTING REQUIREMENTS.— (B) that, on successful demonstration, (3) EVALUATION.—Using the guidelines of (1) DAVIS-BACON.—Any laborer or mechanic would accelerate investment in energy effi- the Federal Energy Management Program employed by any contractor or subcon- ciency. relating to whole-building evaluation, meas- tractor in the performance of work on any (b) FEDERAL SMART BUILDING PROGRAM.— urement, and verification, the Secretary

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shall evaluate the costs and benefits of the CHAPTER 2—WORKER TRAINING AND (c) FEDERAL SHARE.—The Federal share of buildings selected under paragraph (1), in- CAPACITY BUILDING the cost of carrying out a career skills train- cluding an identification of— SEC. 1011. BUILDING TRAINING AND ASSESS- ing program described in subsection (a) shall (A) which advanced building technologies MENT CENTERS. be 50 percent. and systems— (a) IN GENERAL.—The Secretary shall pro- (d) AUTHORIZATION OF APPROPRIATIONS.— (i) are most cost-effective; and vide grants to institutions of higher edu- There is authorized to be appropriated to (ii) show the most promise for— cation (as defined in section 101 of the Higher carry out this section $10,000,000, to remain (I) increasing building energy savings; Education Act of 1965 (20 U.S.C. 1001)) and available until expended. (II) increasing service performance to Tribal Colleges or Universities (as defined in Subpart B—Industrial Efficiency and building occupants; section 316(b) of that Act (20 U.S.C. 1059c(b))) Competitiveness (III) reducing environmental impacts; and to establish building training and assess- SEC. 1021. PURPOSES. (IV) establishing cybersecurity; and ment centers— The purposes of this subpart are— (B) any other information the Secretary (1) to identify opportunities for optimizing (1) to establish a clear and consistent au- determines to be appropriate. energy efficiency and environmental per- formance in buildings; thority for industrial efficiency programs of (d) LEVERAGING EXISTING PROGRAMS.— (2) to promote the application of emerging the Department; (1) BETTER BUILDING CHALLENGE.—As part concepts and technologies in commercial and (2) to accelerate the deployment of tech- of the Better Building Challenge of the De- institutional buildings; nologies and practices that will increase in- partment, the Secretary, in consultation (3) to train engineers, architects, building dustrial energy efficiency and improve pro- with major private sector property owners, scientists, building energy permitting and ductivity; shall develop smart building accelerators to enforcement officials, and building techni- (3) to accelerate the development and dem- demonstrate innovative policies and ap- cians in energy-efficient design and oper- onstration of technologies that will assist proaches that will accelerate the transition ation; the deployment goals of the industrial effi- to smart buildings in the public, institu- (4) to assist institutions of higher edu- ciency programs of the Department and in- tional, and commercial buildings sectors. cation and Tribal Colleges or Universities in crease manufacturing efficiency; (2) RESEARCH AND DEVELOPMENT.— training building technicians; (4) to stimulate domestic economic growth (A) IN GENERAL.—The Secretary shall con- (5) to promote research and development and improve industrial productivity and duct research and development to address for the use of alternative energy sources and competitiveness; key barriers to the integration of advanced distributed generation to supply heat and (5) to meet the future workforce needs of building technologies and to accelerate the power for buildings, particularly energy-in- industry; and transition to smart buildings. tensive buildings; and (6) to strengthen partnerships between (B) INCLUSION.—The research and develop- (6) to coordinate with and assist State-ac- Federal and State governmental agencies ment conducted under subparagraph (A) credited technical training centers, commu- and the private and academic sectors. shall include research and development on— nity colleges, Tribal Colleges or Universities, SEC. 1022. FUTURE OF INDUSTRY PROGRAM AND (i) achieving whole-building, systems-level and local offices of the National Institute of INDUSTRIAL RESEARCH AND AS- efficiency through smart system and compo- Food and Agriculture and ensure appropriate SESSMENT CENTERS. nent integration; services are provided under this section to (a) FUTURE OF INDUSTRY PROGRAM.—Sec- (ii) improving physical components, such each region of the United States. tion 452 of the Energy Independence and Se- as sensors and controls, to be adaptive, an- (b) COORDINATION AND NONDUPLICATION.— curity Act of 2007 (42 U.S.C. 17111) is amend- ticipatory, and networked; (1) IN GENERAL.—The Secretary shall co- ed— (iii) reducing the cost of key components ordinate the program with the industrial re- (1) by striking the section heading and in- serting the following: ‘‘ to accelerate the adoption of smart building search and assessment centers program and FUTURE OF INDUSTRY ’’; technologies; with other Federal programs to avoid dupli- PROGRAM (2) in subsection (a)(2)— (iv) data management, including the cap- cation of effort. (A) by redesignating subparagraph (E) as ture and analysis of data and the interoper- (2) COLLOCATION.—To the maximum extent subparagraph (F); and ability of the energy systems; practicable, building, training, and assess- (B) by inserting after subparagraph (D) the (v) protecting against cybersecurity ment centers established under this section shall be collocated with Industrial Assess- following: threats and addressing security ‘‘(E) water and wastewater treatment fa- vulnerabilities of building systems or equip- ment Centers. (c) AUTHORIZATION OF APPROPRIATIONS.— cilities, including systems that treat munic- ment; There is authorized to be appropriated to ipal, industrial, and agricultural waste; (vi) business models, including how busi- carry out this section $10,000,000, to remain and’’; ness models may limit the adoption of smart available until expended. (3) by striking subsection (e); and building technologies and how to support SEC. 1012. CAREER SKILLS TRAINING. (4) by redesignating subsection (f) as sub- transactive energy; section (e). (vii) integration and application of com- (a) DEFINITION OF ELIGIBLE ENTITY.—In this section, the term ‘‘eligible entity’’ means a (b) INDUSTRIAL RESEARCH AND ASSESSMENT bined heat and power systems and energy nonprofit partnership that— CENTERS.—Subtitle D of title IV of the En- storage for resiliency; (1) includes the equal participation of in- ergy Independence and Security Act of 2007 (viii) characterization of buildings and dustry, including public or private employ- (42 U.S.C. 17111 et seq.) is amended by adding components; ers, and labor organizations, including joint at the end the following: (ix) consumer and utility protections; labor-management training programs; ‘‘SEC. 454. INDUSTRIAL RESEARCH AND ASSESS- (x) continuous management, including the (2) may include workforce investment MENT CENTERS. challenges of managing multiple energy sys- boards, community-based organizations, ‘‘(a) DEFINITIONS.—In this section: tems and optimizing systems for disparate qualified service and conservation corps, ‘‘(1) ENERGY SERVICE PROVIDER.—The term stakeholders; and educational institutions, small businesses, ‘energy service provider’ means— (xi) other areas of research and develop- cooperatives, State and local veterans agen- ‘‘(A) any business providing technology or ment, as determined appropriate by the Sec- cies, and veterans service organizations; and services to improve the energy efficiency, retary. (3) demonstrates— water efficiency, power factor, or load man- (e) REPORT.—Not later than 2 years after (A) experience in implementing and oper- agement of a manufacturing site or other in- the date of enactment of this Act, and every ating worker skills training and education dustrial process in an energy-intensive in- 2 years thereafter until a total of 3 reports programs; dustry (as defined in section 452(a)); and have been made, the Secretary shall submit (B) the ability to identify and involve in ‘‘(B) any utility operating under a utility training programs carried out under this sec- energy service project. to the Committee on Energy and Natural Re- tion, target populations of individuals who ‘‘(2) INDUSTRIAL RESEARCH AND ASSESSMENT sources of the Senate and the Committee on would benefit from training and be actively CENTER.—The term ‘industrial research and Energy and Commerce and the Committee on involved in activities relating to energy effi- assessment center’ means— Science, Space, and Technology of the House ciency and renewable energy industries; and ‘‘(A) an institution of higher education- of Representatives a report on— (C) the ability to help individuals achieve based industrial research and assessment (1) the establishment of the Federal Smart economic self-sufficiency. center that is funded by the Secretary under Building Program and the evaluation of Fed- (b) ESTABLISHMENT.—The Secretary shall subsection (b); and eral smart buildings under subsection (b); award grants to eligible entities to pay the ‘‘(B) an industrial research and assessment (2) the survey and evaluation of private Federal share of associated career skills center at a trade school, community college, sector smart buildings under subsection (c); training programs under which students con- or union training program that is funded by and currently receive classroom instruction and the Secretary under subsection (f). (3) any recommendations of the Secretary on-the-job training for the purpose of obtain- ‘‘(b) INSTITUTION OF HIGHER EDUCATION- to further accelerate the transition to smart ing an industry-related certification to in- BASED INDUSTRIAL RESEARCH AND ASSESS- buildings. stall energy efficient buildings technologies. MENT CENTERS.—

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‘‘(1) IN GENERAL.—The Secretary shall pro- ‘‘(2) DUTIES.—A Center of Excellence shall to implement the recommendations of indus- vide funding to institution of higher edu- coordinate with and advise the industrial re- trial research and assessment centers; and cation-based industrial research and assess- search and assessment centers located in the ‘‘(B) employees of facilities that have re- ment centers. region of the Center of Excellence, includ- ceived an assessment from an industrial re- ‘‘(2) PURPOSE.—The purpose of each insti- ing— search and assessment center work with or tution of higher education-based industrial ‘‘(A) by mentoring new directors and staff for an industrial research and assessment research and assessment center shall be— of the industrial research and assessment center to gain knowledge on engineering ‘‘(A) to identify opportunities for opti- centers with respect to— practices and processes to improve produc- mizing energy efficiency and environmental ‘‘(i) the availability of resources; and tivity and energy savings. performance, including implementation of— ‘‘(ii) best practices for carrying out assess- ‘‘(3) FEDERAL SHARE.—The Federal share of ‘‘(i) smart manufacturing; ments, including through the participation the cost of carrying out internship programs ‘‘(ii) energy management systems; of the staff of the Center of Excellence in as- described in paragraph (1) and apprenticeship ‘‘(iii) sustainable manufacturing; and sessments carried out by new industrial re- programs described in paragraph (2) shall be ‘‘(iv) information technology advance- search and assessment centers; 50 percent. ments for supply chain analysis, logistics, ‘‘(B) by providing training to staff and stu- ‘‘(h) SMALL BUSINESS LOANS.—The Admin- system monitoring, industrial and manufac- dents at the industrial research and assess- istrator of the Small Business Administra- turing processes, and other purposes; ment centers on new technologies, practices, tion shall, to the maximum extent prac- ‘‘(B) to promote applications of emerging and tools to expand the scope and impact of ticable, expedite consideration of applica- concepts and technologies in small- and me- the assessments carried out by the centers; tions from eligible small business concerns dium-sized manufacturers (including water ‘‘(C) by assisting the industrial research for loans under the Small Business Act (15 and wastewater treatment facilities and fed- and assessment centers with specialized U.S.C. 631 et seq.) to implement rec- erally owned manufacturing facilities); technical opportunities, including by pro- ommendations developed by the industrial ‘‘(C) to promote research and development viding a clearinghouse of available expertise research and assessment centers. for the use of alternative energy sources to and tools to assist the centers and clients of ‘‘(i) FUNDING.—There is authorized to be supply heat, power, and new feedstocks for the centers in assessing and implementing appropriated to the Secretary to carry out this section $30,000,000 for each fiscal year, to energy-intensive industries; those opportunities; remain available until expended.’’. ‘‘(D) to coordinate with appropriate Fed- ‘‘(D) by identifying and coordinating with (c) CLERICAL AMENDMENT.—The table of eral and State research offices; regional, State, local, and utility energy effi- contents of the Energy Independence and Se- ‘‘(E) to provide a clearinghouse for indus- ciency programs for the purpose of facili- curity Act of 2007 (42 U.S.C. prec. 17001) is trial process and energy efficiency technical tating efforts by industrial research and as- amended by adding at the end of the items assistance resources; and sessment centers to connect industrial facili- relating to subtitle D of title IV the fol- ‘‘(F) to coordinate with State-accredited ties receiving assessments from those cen- lowing: technical training centers and community ters with regional, State, local, and utility ‘‘Sec. 454. Industrial research and assess- colleges, while ensuring appropriate services energy efficiency programs that could aid ment centers.’’. to all regions of the United States. the industrial facilities in implementing any SEC. 1023. CHP TECHNICAL ASSISTANCE PART- OORDINATION recommendations resulting from the assess- ‘‘(c) C .—To increase the value NERSHIP PROGRAM. and capabilities of the industrial research ments; (a) IN GENERAL.—Section 375 of the Energy ‘‘(E) by facilitating coordination between and assessment centers, the centers shall— Policy and Conservation Act (42 U.S.C. 6345) ‘‘(1) coordinate with Manufacturing Exten- the industrial research and assessment cen- is amended to read as follows: sion Partnership Centers of the National In- ters and other Federal programs described in ‘‘SEC. 375. CHP TECHNICAL ASSISTANCE PART- stitute of Standards and Technology; paragraphs (1) through (3) of subsection (c); NERSHIP PROGRAM. ‘‘(2) coordinate with the Federal Energy and ‘‘(a) RENAMING.— Management Program and the Building ‘‘(F) by coordinating the outreach activi- ‘‘(1) IN GENERAL.—The Clean Energy Appli- Technologies Program of the Department of ties of the industrial research and assess- cation Centers of the Department of Energy Energy to provide building assessment serv- ment centers under subsection (d)(1). are redesignated as the CHP Technical As- ices to manufacturers; ‘‘(3) FUNDING.—Subject to the availability sistance Partnership Program (referred to in ‘‘(3) increase partnerships with the Na- of appropriations, for each fiscal year, out of this section as the ‘Program’). tional Laboratories of the Department of En- any amounts made available to carry out ‘‘(2) PROGRAM DESCRIPTION.—The Program ergy to leverage the expertise, technologies, this section under subsection (i), the Sec- shall consist of— and research and development capabilities of retary shall use not less than $500,000 to sup- ‘‘(A) the 10 regional CHP Technical Assist- the National Laboratories for national in- port each Center of Excellence. ance Partnerships in existence on the date of dustrial and manufacturing needs; ‘‘(f) EXPANSION OF INDUSTRIAL RESEARCH enactment of the American Energy Innova- ‘‘(4) increase partnerships with energy AND ASSESSMENT CENTERS.— tion Act of 2020; service providers and technology providers ‘‘(1) IN GENERAL.—The Secretary shall pro- ‘‘(B) any other regional CHP Technical As- to leverage private sector expertise and ac- vide funding to establish additional indus- sistance Partnerships as the Secretary may celerate deployment of new and existing trial research and assessment centers at establish; and technologies and processes for energy effi- trade schools, community colleges, and ‘‘(C) any supporting technical activities ciency, power factor, and load management; union training programs. under the Technical Partnership Program of ‘‘(5) identify opportunities for reducing ‘‘(2) PURPOSE.— the Advanced Manufacturing Office of the greenhouse gas emissions and other air emis- ‘‘(A) IN GENERAL.—Subject to subparagraph Department of Energy. sions; and (B), to the maximum extent practicable, an ‘‘(3) REFERENCES.—Any reference in any ‘‘(6) promote sustainable manufacturing industrial research and assessment center es- law, rule, regulation, or publication to a practices for small- and medium-sized manu- tablished under paragraph (1) shall have the Combined Heat and Power Application Cen- facturers. same purpose as an institution of higher edu- ter or a Clean Energy Application Center ‘‘(d) OUTREACH.—The Secretary shall pro- cation-based industrial research center that shall be deemed to be a reference to the Pro- vide funding for— is funded by the Secretary under subsection gram. ‘‘(1) outreach activities by the industrial (b)(1). ‘‘(b) CHP TECHNICAL ASSISTANCE PARTNER- research and assessment centers to inform ‘‘(B) CONSIDERATION OF CAPABILITIES.—In SHIP PROGRAM.— small- and medium-sized manufacturers of evaluating or establishing the purpose of an ‘‘(1) IN GENERAL.—The Program shall— the information, technologies, and services industrial research and assessment center es- ‘‘(A) operate programs to encourage de- available; and tablished under paragraph (1), the Secretary ployment of combined heat and power, waste ‘‘(2) coordination activities by each indus- shall take into consideration the varying ca- heat to power, and efficient district energy trial research and assessment center to le- pabilities of trade schools, community col- (collectively referred to in this subsection as verage efforts with— leges, and union training programs. ‘CHP’) technologies by providing education ‘‘(A) Federal and State efforts; ‘‘(g) WORKFORCE TRAINING.— and outreach— ‘‘(B) the efforts of utilities and energy ‘‘(1) INTERNSHIPS.—The Secretary shall pay ‘‘(i) to building, industrial, and electric service providers; the Federal share of associated internship and natural gas utility professionals; ‘‘(C) the efforts of regional energy effi- programs under which students work with or ‘‘(ii) to State and local policymakers; and ciency organizations; and for industries, manufacturers, and energy ‘‘(iii) to other individuals and organiza- ‘‘(D) the efforts of other industrial re- service providers to implement the rec- tions with an interest in efficient energy use, search and assessment centers. ommendations of industrial research and as- local or opportunity fuel use, resiliency, en- ‘‘(e) CENTERS OF EXCELLENCE.— sessment centers. ergy security, microgrids, and district en- ‘‘(1) ESTABLISHMENT.—The Secretary shall ‘‘(2) APPRENTICESHIPS.—The Secretary ergy; and establish a Center of Excellence at not more shall pay the Federal share of associated ap- ‘‘(B) provide project-specific support to than 5 of the highest-performing industrial prenticeship programs under which— building and industrial professionals through research and assessment centers, as deter- ‘‘(A) students work with or for industries, economic and engineering assessments and mined by the Secretary. manufacturers, and energy service providers advisory activities.

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‘‘(2) FUNDING FOR CERTAIN ACTIVITIES.— ‘‘(4) conserving natural resources; and Percentage ‘‘(A) IN GENERAL.—The Program shall ‘‘(5) achieving such other goals as the Sec- ‘‘Fiscal Year Reduction make funds available to institutions of high- retary determines to be appropriate. 2026 ...... 15 er education, research centers, and other ap- ‘‘(b) COORDINATION.—To implement any 2027 ...... 17.5 propriate institutions to ensure the contin- recommendations resulting from an onsite 2028 ...... 20. ued operation and effectiveness of regional technical assessment carried out under sub- ‘‘(2) WATER REQUIREMENTS.—Subject to CHP Technical Assistance Partnerships. section (a) and to accelerate the adoption of paragraph (3), the head of each Federal agen- ‘‘(B) USE OF FUNDS.—Funds made available new and existing technologies and processes cy shall, for each of fiscal years 2021 through under subparagraph (A) may be used— that improve energy efficiency, the Sec- 2030, improve water use efficiency and man- ‘‘(i) to research, develop, and distribute in- retary shall coordinate with— agement, including stormwater manage- formational materials relevant to manufac- ‘‘(1) the Advanced Manufacturing Office of ment, at facilities of the agency by reducing turers, commercial buildings, institutional the Department of Energy; agency potable water consumption inten- facilities, and Federal sites; ‘‘(2) the Building Technologies Office of the sity— ‘‘(ii) to support the mission goals of the Department of Energy; ‘‘(A) by reducing potable water consump- Department of Defense relating to CHP and ‘‘(3) the Federal Energy Management Pro- tion by 54 percent by fiscal year 2030, rel- ative to the potable water consumption of microgrid technologies; gram of the Department of Energy; and the agency in fiscal year 2007, through reduc- ‘‘(iii) to continuously maintain and up- ‘‘(4) the private sector and other appro- tions of 2 percent each fiscal year (as meas- date— priate agencies, including the National Insti- ured in gallons per gross square foot); ‘‘(I) the CHP installation database; tute of Standards and Technology. ‘‘(B) by reducing the industrial, land- ‘‘(II) CHP technology potential analyses; ‘‘(c) RESEARCH AND DEVELOPMENT PROGRAM scaping, and agricultural water consumption ‘‘(III) State CHP resource websites; and FOR SUSTAINABLE MANUFACTURING AND IN- of the agency, as compared to a baseline of ‘‘(IV) CHP Technical Assistance Partner- DUSTRIAL TECHNOLOGIES AND PROCESSES.—As that consumption by the agency in fiscal ships websites; part of the industrial efficiency programs of year 2010, through reductions of 2 percent ‘‘(iv) to research, develop, and conduct the Department of Energy, the Secretary each fiscal year (as measured in gallons); and workshops, reports, seminars, internet pro- shall carry out a joint industry-government ‘‘(C) by installing appropriate infrastruc- partnership program to research, develop, grams, CHP resiliency resources, and other ture features on federally owned property to and demonstrate new sustainable manufac- activities to provide education to end users, improve stormwater and wastewater man- turing and industrial technologies and proc- regulators, and stakeholders in a manner agement. that leads to the deployment of CHP tech- esses that maximize the energy efficiency of ‘‘(3) ENERGY AND WATER INTENSIVE BUILDING nologies; industrial plants, reduce pollution, and con- EXCLUSION.— serve natural resources.’’. ‘‘(v) to provide or coordinate onsite assess- ‘‘(A) IN GENERAL.—An agency may exclude (b) CLERICAL AMENDMENT.—The table of ments for sites and enterprises that may from the requirements of paragraphs (1) and contents of the Energy Policy and Conserva- consider deployment of CHP technology; (2) any building (including the associated en- tion Act (42 U.S.C. prec. 6201) is amended by ‘‘(vi) to identify candidates for deployment ergy consumption and gross square footage adding at the end of the items relating to of CHP technologies, hybrid renewable-CHP of the building) in which energy and water part E of title III the following: technologies, microgrids, and clean energy; intensive activities are carried out. ‘‘(vii) to provide nonbiased engineering ‘‘Sec. 376. Sustainable manufacturing initia- ‘‘(B) REPORTS.—Each agency shall identify support to sites considering deployment of tive.’’. and include in each report under section CHP technologies; SEC. 1025. CONFORMING AMENDMENTS. 548(a) each building designated by the agency ‘‘(viii) to assist organizations developing (a) Section 106 of the Energy Policy Act of for exclusion under subparagraph (A) during clean energy technologies and policies in 2005 (42 U.S.C. 15811) is repealed. the period covered by the report. overcoming barriers to deployment; and (b) Sections 131, 132, 133, 2103, and 2107 of ‘‘(4) RECOMMENDATIONS.—Not later than ‘‘(ix) to assist with field validation and the Energy Policy Act of 1992 (42 U.S.C. 6348, December 31, 2026, the Secretary shall— performance evaluations of CHP and other 6349, 6350, 13453, 13456) are repealed. ‘‘(A) review the results of the implementa- clean energy technologies implemented. (c) Section 2101(a) of the Energy Policy Act tion of the energy and water performance re- ‘‘(C) DURATION.—The Program shall make of 1992 (42 U.S.C. 13451(a)) is amended in the quirements established under paragraph (1); funds available under subparagraph (A) for a third sentence by striking ‘‘sections 2102, ‘‘(B) submit to Congress recommendations period of 5 years. 2103, 2104, 2105, 2106, 2107, and 2108’’ and in- concerning energy performance require- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— serting ‘‘sections 2102, 2104, 2105, 2106, and ments for fiscal years 2029 through 2038; and There is authorized to be appropriated to 2108 of this Act and section 376 of the Energy ‘‘(C) submit to Congress recommendations carry out this section $12,000,000 for each of Policy and Conservation Act,’’. concerning water performance requirements fiscal years 2021 through 2025.’’. Subpart C—Federal Agency Energy for fiscal years 2031 through 2040.’’; (b) CONFORMING AMENDMENT.—Section (3) in subsection (b)— 372(g) of the Energy Policy and Conservation Efficiency Act (42 U.S.C. 6342(g)) is amended by striking SEC. 1031. ENERGY AND WATER PERFORMANCE (A) in the subsection heading, by inserting ‘‘Clean Energy Applications Center operated REQUIREMENTS FOR FEDERAL ‘‘AND WATER’’ after ‘‘ENERGY’’; and by the Secretary of Energy’’ and inserting BUILDINGS. (B) by striking paragraphs (1) and (2) and ‘‘regional CHP Technical Assistance Part- (a) IN GENERAL.—Section 543 of the Na- inserting the following: nerships’’. tional Energy Conservation Policy Act (42 ‘‘(1) IN GENERAL.—Each agency shall— (c) CLERICAL AMENDMENT.—The table of U.S.C. 8253) is amended— ‘‘(A) not later than October 1, 2022, to the contents of the Energy Policy and Conserva- (1) in the section heading, by inserting maximum extent practicable, begin install- tion Act (Public Law 94–163; 89 Stat. 872; 92 ‘‘AND WATER’’ after ‘‘ENERGY’’; ing in Federal buildings owned by the United Stat. 3272) is amended by striking the item (2) by striking subsection (a) and inserting States all energy and water conservation relating to section 375 and inserting the fol- the following: measures determined by the Secretary to be lowing: ‘‘(a) ENERGY AND WATER PERFORMANCE RE- life cycle cost-effective (as defined in sub- ‘‘Sec. 375. CHP Technical Assistance Part- QUIREMENTS FOR FEDERAL BUILDINGS.— section (f)(1)); and nership Program.’’. ‘‘(1) ENERGY REQUIREMENTS.—Subject to ‘‘(B) complete the installation described in SEC. 1024. SUSTAINABLE MANUFACTURING INI- paragraph (3), to the maximum extent life subparagraph (A) as soon as practicable after TIATIVE. cycle cost-effective (as defined in subsection the date referred to in that subparagraph. (a) IN GENERAL.—Part E of title III of the (f)(1)), each agency shall apply energy con- ‘‘(2) EXPLANATION OF NONCOMPLIANCE.— Energy Policy and Conservation Act (42 servation measures to, and shall improve the ‘‘(A) IN GENERAL.—If an agency fails to U.S.C. 6341 et seq.) is amended by adding at design for the construction of, the Federal comply with paragraph (1), the agency shall the end the following: buildings of the agency (including each in- submit to the Secretary, using guidelines de- ‘‘SEC. 376. SUSTAINABLE MANUFACTURING INI- dustrial or laboratory facility) so that the veloped by the Secretary, an explanation of TIATIVE. energy consumption per gross square foot of the reasons for the failure. ‘‘(a) IN GENERAL.—As part of the Office of the Federal buildings of the agency in fiscal ‘‘(B) REPORT TO CONGRESS.—Not later than Energy Efficiency and Renewable Energy of years 2021 through 2028 is reduced, as com- October 1, 2021, and every 2 years thereafter, the Department of Energy, the Secretary, on pared with the energy consumption per gross the Secretary shall submit to Congress a re- the request of a manufacturer, shall carry square foot of the Federal buildings of the port that describes any noncompliance by an out onsite technical assessments to identify agency in fiscal year 2018, by the percentage agency with the requirements of paragraph opportunities for— specified in the following table: (1).’’; ‘‘(1) maximizing the energy efficiency of Percentage (4) in subsection (c)(1)— industrial processes and cross-cutting sys- ‘‘Fiscal Year Reduction (A) in subparagraph (A)— tems; 2021 ...... 2.5 (i) in the matter preceding clause (i), by ‘‘(2) preventing pollution and minimizing 2022 ...... 5 striking ‘‘An agency’’ and inserting ‘‘The waste; 2023 ...... 7.5 head of each agency’’; and ‘‘(3) improving efficient use of water in 2024 ...... 10 (ii) by inserting ‘‘or water’’ after ‘‘energy’’ manufacturing processes; 2025 ...... 12.5 each place it appears; and

VerDate Sep 11 2014 06:01 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.056 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1358 CONGRESSIONAL RECORD — SENATE March 3, 2020 (B) in subparagraph (B)(i), by inserting ‘‘or (C) by striking paragraphs (3) and (4) and SEC. 1032. FEDERAL ENERGY MANAGEMENT PRO- water’’ after ‘‘energy’’; inserting the following: GRAM. (5) in subsection (d)(2), by inserting ‘‘and ‘‘(3) ENERGY AND WATER EVALUATIONS AND Section 543 of the National Energy Con- water’’ after ‘‘energy’’; COMMISSIONING.— servation Policy Act (42 U.S.C. 8253) is (6) in subsection (e)— ‘‘(A) EVALUATIONS.—Except as provided in amended by adding at the end the following: (A) in the subsection heading, by inserting subparagraph (B), not later than the date ‘‘and Water’’ after ‘‘Energy’’; that is 180 days after the date of enactment ‘‘(h) FEDERAL ENERGY MANAGEMENT PRO- (B) in paragraph (1)— of the American Energy Innovation Act of GRAM.— (i) in the first sentence— 2020, and annually thereafter, each energy ‘‘(1) IN GENERAL.—The Secretary shall (I) by striking ‘‘October 1, 2012’’ and insert- manager shall complete, for the preceding carry out a program, to be known as the ing ‘‘October 1, 2022’’; calendar year, a comprehensive energy and ‘Federal Energy Management Program’ (re- (II) by inserting ‘‘and water’’ after ‘‘en- water evaluation and recommissioning or ferred to in this subsection as the ‘Pro- ergy’’; and retrocommissioning for approximately 25 gram’), to facilitate the implementation by (III) by inserting ‘‘and water’’ after ‘‘elec- percent of the facilities of the applicable the Federal Government of cost-effective en- tricity’’; agency that meet the criteria under para- ergy and water management and energy-re- (ii) in the second sentence, by inserting graph (2)(B) in a manner that ensures that an lated investment practices— ‘‘and water’’ after ‘‘electricity’’; and evaluation of each facility is completed not ‘‘(A) to coordinate and strengthen Federal (iii) in the fourth sentence, by inserting less frequently than once every 4 years. energy and water resilience; and ‘‘and water’’ after ‘‘energy’’; ‘‘(B) EXCEPTIONS.—An evaluation and re- ‘‘(B) to promote environmental steward- (C) in paragraph (2)— commissioning or retrocommissioning shall ship. (i) in subparagraph (A)— not be required under subparagraph (A) with ‘‘(2) PROGRAM ACTIVITIES.— (I) by striking ‘‘and’’ before ‘‘Federal’’; and respect to a facility that, as of the date on ‘‘(A) STRATEGIC PLANNING AND TECHNICAL (II) by inserting ‘‘and any other person the which the evaluation and recommissioning ASSISTANCE.—Under the Program, the Fed- Secretary deems necessary,’’ before ‘‘shall’’; eral Director appointed under paragraph (ii) in subparagraph (B)— or retrocommissioning would occur— (3)(A) (referred to in this subsection as the (I) in clause (i)(II), by inserting ‘‘and ‘‘(i) has had a comprehensive energy and ‘Federal Director’) shall— water’’ after ‘‘energy’’ each place it appears; water evaluation during the preceding 8-year ‘‘(i) provide technical assistance and (II) in clause (ii), by inserting ‘‘and water’’ period; after ‘‘energy’’; and ‘‘(ii)(I) has been commissioned, recommis- project implementation support and guid- (III) in clause (iv), by inserting ‘‘and sioned, or retrocommissioned during the pre- ance to Federal agencies to identify, imple- water’’ after ‘‘energy’’; and ceding 10-year period; or ment, procure, and track energy and water (iii) by adding at the end the following: ‘‘(II) is under ongoing commissioning, re- conservation measures required under this ‘‘(C) UPDATE.—Not later than 180 days after commissioning, or retrocomissioning; Act and under other provisions of law (in- the date of enactment of this subparagraph, ‘‘(iii) has not had a major change in func- cluding regulations); the Secretary shall update the guidelines es- tion or use since the previous evaluation and ‘‘(ii) in coordination with the Adminis- tablished under subparagraph (A) to take recommissioning or retrocommissioning; trator of the General Services Administra- into account water efficiency requirements ‘‘(iv) has been benchmarked with public tion, establish appropriate procedures, meth- under this section.’’; disclosure under paragraph (8) during the ods, and best practices for use by Federal (D) in paragraph (3), in the matter pre- preceding calendar year; and agencies to select, monitor, and terminate ceding subparagraph (A), by striking ‘‘estab- ‘‘(v)(I) based on the benchmarking de- contracts entered into under section 546 with lished under paragraph (2)’’ and inserting scribed in clause (iv), has achieved at a facil- utilities; ‘‘updated under paragraph (2)(C)’’; and ity level the most recent cumulative energy ‘‘(iii) in coordination with the Federal Ac- (E) in paragraph (4)— savings target under subsection (a) compared quisition Regulatory Council, establish ap- (i) in subparagraph (A)— to the earlier of— propriate procedures, methods, and best (I) by striking ‘‘this paragraph’’ and insert- ‘‘(aa) the date of the most recent evalua- practices for use by Federal agencies to se- ing ‘‘the American Energy Innovation Act of tion; or lect, monitor, and terminate contracts en- 2020’’; and ‘‘(bb) the date— tered into under section 801 with energy (II) by inserting ‘‘and water’’ before ‘‘use ‘‘(AA) of the most recent commissioning, service contractors and utilities; in’’; and recommissioning, or retrocommissioning; or ‘‘(iv) establish and maintain internet-based (ii) in subparagraph (B)(ii), in the matter ‘‘(BB) on which ongoing commissioning information resources and project tracking preceding clause (I), by inserting ‘‘and began; or systems and tools for energy and water man- water’’ after ‘‘energy’’; and ‘‘(II) has a long-term contract in place agement; (7) in subsection (f)— guaranteeing energy savings at least as ‘‘(v) coordinate comprehensive and stra- (A) in paragraph (1)— great as the energy savings target under sub- tegic approaches to energy and water resil- (i) by redesignating subparagraphs (E), (F), clause (I). ience planning for Federal agencies; and ‘‘(vi) establish a recognition program for and (G) as subparagraphs (F), (G), and (H), ‘‘(4) IMPLEMENTATION OF IDENTIFIED ENERGY respectively; and Federal achievement in energy and water AND WATER EFFICIENCY MEASURES.— (ii) by inserting after subparagraph (D) the management, energy-related investment ‘‘(A) IN GENERAL.—Not later than 2 years practices, environmental stewardship, and following: after the date of completion of each evalua- NGOING COMMISSIONING.—The term other relevant areas, through events such as ‘‘(E) O tion under paragraph (3), each energy man- ‘ongoing commissioning’ means an ongoing individual recognition award ceremonies and ager shall implement any energy- or water- process of commissioning using monitored public announcements. saving measure that— data, the primary goal of which is to ensure ‘‘(B) ENERGY AND WATER MANAGEMENT AND ‘‘(i) the Federal agency identified in the continuous optimum performance of a facil- REPORTING.—Under the Program, the Federal evaluation; and ity, in accordance with design or operating Director shall— ‘‘(ii) is life cycle cost-effective, as deter- needs, over the useful life of the facility, ‘‘(i) track and report on the progress of mined by evaluating an individual measure while meeting facility occupancy require- Federal agencies in meeting the require- or a bundle of measures with varying pay- ments.’’; ments of the agency under this section; backs. (B) in paragraph (2)— ‘‘(ii) make publicly available annual Fed- ‘‘(B) PERFORMANCE CONTRACTING.—Each (i) in subparagraph (A), by inserting ‘‘and eral agency performance data required Federal agency shall use performance con- water’’ before ‘‘use’’; under— tracting to address at least 50 percent of the (ii) in subparagraph (B)— ‘‘(I) this section and sections 544 through measures identified under subparagraph (I) by striking ‘‘energy’’ before ‘‘effi- 548; and (A)(i).’’; ciency’’; and ‘‘(II) section 203 of the Energy Policy Act (D) in paragraph (7)(B)(ii)(II), by inserting (II) by inserting ‘‘or water’’ before ‘‘use’’; of 2005 (42 U.S.C. 15852); ‘‘and water’’ after ‘‘energy’’; and and ‘‘(iii)(I) collect energy and water use and (E) in paragraph (9)(A), in the matter pre- (iii) by adding at the end the following: consumption data from each Federal agency; ceding clause (i), by inserting ‘‘and water’’ ‘‘(C) ENERGY MANAGEMENT SYSTEM.—An en- and after ‘‘energy’’. ergy manager designated for a facility under ‘‘(II) based on that data, submit to each subparagraph (A) shall take into consider- (b) CONFORMING AMENDMENT.—The table of Federal agency a report that will facilitate ation— contents for the National Energy Conserva- the energy and water management, energy- ‘‘(i) the use of a system to manage energy tion Policy Act (Public Law 95–619; 92 Stat. related investment practices, and environ- and water use at the facility; and 3206) is amended by striking the item relat- mental stewardship of the agency in support ‘‘(ii) the applicability of the certification ing to section 543 and inserting the fol- of Federal goals under this Act and under of the facility in accordance with the Inter- lowing: other provisions of law (including regula- national Organization for Standardization tions); standard numbered 50001 and entitled ‘En- ‘‘Sec. 543. Energy and water management re- ‘‘(iv)(I) establish new Federal building en- ergy Management Systems’.’’; quirements.’’. ergy efficiency standards; and

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.056 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1359 ‘‘(II) in consultation with the Adminis- ‘‘(cc) the Office of Federal High-Perform- ‘‘(i) at a Federal hydroelectric facility that trator of the General Services Administra- ance Green Buildings in the General Services provides power marketed by a Power Mar- tion, acting through the head of the Office of Administration. keting Administration; or High-Performance Green Buildings, establish ‘‘(4) SAVINGS CLAUSE.—Nothing in this sub- ‘‘(ii) at a hydroelectric facility owned and and implement Federal building sustainable section impedes, supersedes, or alters the au- operated by the Tennessee Valley Authority design principles for Federal facilities; thority of the Secretary to carry out the re- established under the Tennessee Valley Au- ‘‘(v) manage the implementation of Fed- mainder of this section or section 305 of the thority Act of 1933 (16 U.S.C. 831 et seq.).’’. eral building energy efficiency standards es- Energy Conservation and Production Act (42 (e) PAYMENT OF COSTS.—Section 802 of the tablished under section 305 of the Energy U.S.C. 6834). National Energy Conservation Policy Act (42 Conservation and Production Act (42 U.S.C. ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— U.S.C. 8287a) is amended by striking ‘‘(and 6834); and There is authorized to be appropriated to the related operation and maintenance ex- ‘‘(vi) designate products that meet the Secretary to carry out this subsection penses)’’ and inserting ‘‘, including related highest energy conservation standards for $36,000,000 for each of fiscal years 2021 operations and maintenance expenses’’. categories not covered under the Energy through 2031.’’. (f) DEFINITION OF ENERGY SAVINGS.—Sec- tion 804(2) of the National Energy Conserva- Star program established under section 324A SEC. 1033. USE OF ENERGY AND WATER EFFI- of the Energy Policy and Conservation Act CIENCY MEASURES IN FEDERAL tion Policy Act (42 U.S.C. 8287c(2)) is amend- (42 U.S.C. 6294a). BUILDINGS. ed— ‘‘(C) FEDERAL POLICY COORDINATION.—Under (a) REPORTS.—Section 548(b) of the Na- (1) in subparagraph (A), by striking ‘‘feder- the Program, the Federal Director shall— tional Energy Conservation Policy Act (42 ally owned building or buildings or other fed- ‘‘(i) develop and implement accredited U.S.C. 8258(b)) is amended— erally owned facilities’’ and inserting ‘‘Fed- training consistent with existing Federal (1) in paragraph (3), by striking ‘‘and’’ at eral building (as defined in section 551)’’ each programs and activities— the end; place it appears; ‘‘(I) relating to energy and water use, man- (2) in paragraph (4), by striking the period (2) in subparagraph (C), by striking ‘‘; and’’ agement, and resilience in Federal buildings, at the end and inserting ‘‘; and’’; and and inserting a semicolon; energy-related investment practices, and en- (3) by adding at the end the following: (3) in subparagraph (D), by striking the pe- vironmental stewardship; and ‘‘(5)(A) the status of the energy savings riod at the end and inserting a semicolon; ‘‘(II) that includes in-person training, performance contracts and utility energy and internet-based programs, and national in- service contracts of each agency, to the ex- (4) by adding at the end the following: person training events; tent that the information is not duplicative ‘‘(E) the use, sale, or transfer of any energy ‘‘(ii) coordinate and facilitate energy and of information provided to the Secretary and water incentive, rebate, grid services water management, energy-related invest- under a separate authority; revenue, or credit (including a renewable en- ment practices, and environmental steward- ‘‘(B) the quantity and investment value of ergy certificate); and ship through the Interagency Energy Man- the contracts for the previous year; ‘‘(F) any revenue generated from a reduc- agement Task Force established under sec- ‘‘(C) the guaranteed energy savings, or for tion in energy or water use, more efficient waste recycling, or additional energy gen- tion 547; and contracts without a guarantee, the esti- erated from more efficient equipment.’’. ‘‘(iii) report on the implementation of the mated energy savings, for the previous year, priorities of the President, including Execu- as compared to the measured energy savings SEC. 1034. FEDERAL BUILDING ENERGY EFFI- CIENCY PERFORMANCE STANDARDS; tive orders, relating to energy and water use for the previous year; in Federal buildings, in coordination with— CERTIFICATION SYSTEM AND LEVEL ‘‘(D) a forecast of the estimated quantity FOR GREEN BUILDINGS. ‘‘(I) the Office of Management and Budget; and investment value of contracts antici- (a) DEFINITIONS.—Section 303 of the Energy ‘‘(II) the Council on Environmental Qual- pated in the following year for each agency; Conservation and Production Act (42 U.S.C. ity; and and 6832) is amended— ‘‘(III) any other entity, as considered nec- ‘‘(E)(i) a comparison of the information de- (1) in each of paragraphs (1) through (16), essary by the Federal Director. scribed in subparagraph (B) and the forecast by inserting a paragraph heading, the text of ‘‘(D) FACILITY AND FLEET OPTIMIZATION.— described in subparagraph (D) in the report which is comprised of the term defined in Under the Program, the Federal Director of the previous year; and that paragraph; shall develop guidance, supply assistance to, ‘‘(ii) if applicable, the reasons for any dif- (2) by redesignating paragraphs (2) through and track the progress of Federal agencies— ferences in the data compared under clause (16) as paragraphs (3), (4), (6), (7), (8), (10), ‘‘(i) in conducting portfolio-wide facility (i).’’. (12), (13), (14), (15), (16), (9), (17), (5), and (2), energy and water resilience planning and (b) DEFINITION OF ENERGY CONSERVATION respectively, and moving the paragraphs so project integration; MEASURES.—Section 551(4) of the National as to appear in numerical order; and ‘‘(ii) in building new construction and Energy Conservation Policy Act (42 U.S.C. (3) by inserting after paragraph (10) (as so major renovations to meet the sustainable 8259(4)) is amended by striking ‘‘or retrofit redesignated) the following: design and energy and water performance activities’’ and inserting ‘‘retrofit activities, ‘‘(11) MAJOR RENOVATION.—The term ‘major standards required under this section; or energy consuming devices and required renovation’ means a modification of the en- ‘‘(iii) in developing guidelines for— support structures’’. ergy systems of a building that is suffi- ‘‘(I) building commissioning; and (c) AUTHORITY TO ENTER INTO CONTRACTS.— ciently extensive to ensure that the entire ‘‘(II) facility operations and maintenance; Section 801(a)(2)(F) of the National Energy building can achieve compliance with appli- and Conservation Policy Act (42 U.S.C. cable energy standards for new buildings, as ‘‘(iv) in coordination with the Adminis- 8287(a)(2)(F)) is amended— established by the Secretary.’’. trator of the General Services Administra- (1) in clause (i), by striking ‘‘or’’ at the (b) FEDERAL BUILDING EFFICIENCY STAND- tion, in meeting statutory and agency goals end; ARDS.—Section 305 of the Energy Conserva- for Federal fleet vehicles. (2) in clause (ii), by striking the period at tion and Production Act (42 U.S.C. 6834) is ‘‘(3) FEDERAL DIRECTOR.— the end and inserting ‘‘; or’’; and amended— ‘‘(A) APPOINTMENT.—The Secretary shall (3) by adding at the end the following: (1) in subsection (a)— appoint an individual to serve as Federal Di- ‘‘(iii) limit the recognition of operation (A) in paragraph (2)(A), by striking ‘‘the rector of the Program, which shall be a ca- and maintenance savings associated with 2004 International Energy Conservation Code reer position in the Senior Executive service, systems modernized or replaced with the im- (in the case of residential buildings) or to manage the Program and carry out the plementation of energy conservation meas- ASHRAE Standard 90.1–2004 (in the case of activities of the Program described in para- ures, water conservation measures, or any commercial buildings)’’ and inserting ‘‘the graph (2). combination of energy conservation meas- most recently published edition of the Inter- ‘‘(B) DUTIES.—The Federal Director shall— ures and water conservation measures.’’. national Energy Conservation Code (in the ‘‘(i) oversee, manage, and administer the (d) MISCELLANEOUS AUTHORITY; EXCLUDED case of residential buildings) or ASHRAE Program; CONTRACTS.—Section 801(a)(2) of the Na- Standard 90.1 (in the case of commercial ‘‘(ii) provide leadership in energy and tional Energy Conservation Policy Act (42 buildings) on the date of enactment of the water management, energy-related invest- U.S.C. 8287(a)(2)) is amended by adding at the American Energy Innovation Act of 2020’’; ment practices, and environmental steward- end the following: and ship through coordination with Federal ‘‘(H) MISCELLANEOUS AUTHORITY.—Notwith- (B) in paragraph (3)— agencies and other appropriate entities; and standing subtitle I of title 40, United States (i) by striking ‘‘(3)(A) Not later than’’ and ‘‘(iii) establish a management council to Code, a Federal agency may accept, retain, all that follows through subparagraph (B) advise the Federal Director that shall— sell, or transfer, and apply the proceeds of and inserting the following: ‘‘(I) convene not less frequently than once the sale or transfer of, any energy and water ‘‘(3) REVISED FEDERAL BUILDING ENERGY EF- every quarter; and incentive, rebate, grid services revenue, or FICIENCY PERFORMANCE STANDARDS; CERTIFI- ‘‘(II) consist of representatives from— credit (including a renewable energy certifi- CATION FOR GREEN BUILDINGS.— ‘‘(aa) the Council on Environmental Qual- cate) to fund a contract under this title. ‘‘(A) REVISED FEDERAL BUILDING ENERGY EF- ity; ‘‘(I) EXCLUDED CONTRACTS.—A contract en- FICIENCY PERFORMANCE STANDARDS.— ‘‘(bb) the Office of Management and Budg- tered into under this title may not be for ‘‘(i) IN GENERAL.—Not later than 1 year et; and work performed— after the date of enactment of the American

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Energy Innovation Act of 2020, the Secretary Secretary of Defense relating to those facili- ‘‘(vii) EXCLUSIONS.— shall establish, by regulation, revised Fed- ties under the custody and control of the De- ‘‘(I) IN GENERAL.—Subject to subclause (II), eral building energy efficiency performance partment of Defense, shall determine those if a certification system fails to meet the re- standards that require that— certification systems for green commercial view requirements of clause (v), the Sec- ‘‘(I) subject to clause (ii), new Federal and residential buildings that the Secretary retary shall— buildings and Federal buildings with major determines to be the most likely to encour- ‘‘(aa) identify the portions of the system, renovations— age a comprehensive and environmentally whether prerequisites, credits, points, or ‘‘(aa) meet or exceed the most recently sound approach to certification of green otherwise, that meet the review criteria of published version of the International En- buildings. clause (v); ergy Conservation Code (in the case of resi- ‘‘(iii) BASIS FOR SELECTION.—The deter- ‘‘(bb) determine the portions of the system dential buildings) or ASHRAE Standard 90.1 mination of the certification systems under that are suitable for use; and (in the case of commercial buildings) as of clause (ii) shall be based on ongoing review ‘‘(cc) exclude all other portions of the sys- the date of enactment of the American En- of the findings of the Federal Director under tem from identification and use. ergy Innovation Act of 2020; and section 436(h) of the Energy Independence ‘‘(II) ENTIRE SYSTEMS.—The Secretary shall ‘‘(bb) meet or exceed the energy provisions and Security Act of 2007 (42 U.S.C. 17092(h)) exclude an entire system from use if an ex- of the State and local building codes applica- and the criteria described in clause (v). clusion under subclause (I)— ble to the building if the codes are more ‘‘(iv) ADMINISTRATION.—In determining cer- ‘‘(aa) impedes the integrated use of the stringent than the most recently published tification systems under this subparagraph, system; version of the International Energy Con- the Secretary shall— ‘‘(bb) creates disparate review criteria or servation Code or ASHRAE Standard 90.1 as ‘‘(I) make a separate determination for all unequal point access for competing mate- of the date of enactment of the American or part of each system; and rials; or Energy Innovation Act of 2020, as applicable; ‘‘(II) confirm that the criteria used to sup- ‘‘(cc) increases agency costs of the use. ‘‘(II) unless demonstrated not to be life port the selection of building products, ma- ‘‘(viii) INTERNAL CERTIFICATION PROC- cycle cost-effective for new Federal buildings terials, brands, and technologies— ESSES.—The Secretary may by rule allow and Federal buildings with major renova- ‘‘(aa) are based on relevant technical data; Federal agencies to develop internal certifi- tions— ‘‘(bb) use and reward evaluation of health, cation processes, using certified profes- ‘‘(aa) the buildings shall be designed to safety, and environmental risks and impacts sionals, in lieu of certification by certifi- achieve energy consumption levels that are across the lifecycle of the building product, cation entities identified under clause (ii). not less than 30 percent below the levels es- material, brand, or technology, including ‘‘(ix) PRIVATIZED MILITARY HOUSING.—With tablished in the most recently published methodologies generally accepted by the ap- respect to privatized military housing, the version of the International Energy Con- plicable scientific disciplines; Secretary of Defense, after consultation with servation Code or the ASHRAE Standard, as ‘‘(cc) as practicable, give preference to per- the Secretary may, through rulemaking, de- of the date of enactment of the American formance standards instead of prescriptive velop alternative certification systems and Energy Innovation Act of 2020, as appro- measures; and levels than the systems and levels identified priate, unless the Secretary determines, pur- ‘‘(dd) reward continual improvements in under clause (ii) that achieve an equivalent suant to subparagraph (B), that a subsequent the lifecycle management of health, safety, result in terms of energy savings, sustain- version of such a standard or code shall and environmental risks and impacts. able design, and green building performance. apply; and ‘‘(v) CONSIDERATIONS.—In determining the ‘‘(x) WATER CONSERVATION TECHNOLOGIES.— ‘‘(bb) sustainable design principles are ap- green building certification systems under In addition to any use of water conservation plied to the location, siting, design, and con- this subparagraph, the Secretary shall take technologies otherwise required by this sec- struction of all new Federal buildings and re- into consideration— tion, water conservation technologies shall placement Federal buildings; ‘‘(I) the ability and availability of asses- be applied to the extent that the tech- ‘‘(III) if water is used to achieve energy ef- sors and auditors to independently verify the nologies are life-cycle cost-effective. ficiency, water conservation technologies criteria and measurement of metrics at the ‘‘(xi) EFFECTIVE DATE.— shall be applied to the extent that the tech- scale necessary to implement this subpara- ‘‘(I) DETERMINATIONS MADE AFTER DECEM- nologies are life-cycle cost effective; and graph; ‘‘(IV) if life-cycle cost effective, as com- ‘‘(II) the ability of the applicable certifi- BER 31, 2020.—This subparagraph shall apply pared to other reasonably available tech- cation organization to collect and reflect to any determination made by a Federal nologies, not less than 30 percent of the hot public comment; agency after December 31, 2020. water demand for each new Federal building ‘‘(III) the ability of the standard to be de- ‘‘(II) DETERMINATIONS MADE ON OR BEFORE or Federal building undergoing a major ren- veloped and revised through a consensus- DECEMBER 31, 2020.—This subparagraph (as in ovation be met through the installation and based process; effect on the day before the date of enact- use of solar hot water heaters. ‘‘(IV) an evaluation of the robustness of ment of the American Energy Innovation ‘‘(ii) EXCEPTION.—Clause (i)(I) shall not the criteria for a high-performance green Act of 2020) shall apply to any use of a cer- apply to the unaltered portions of Federal building, which shall give credit for pro- tification system for green commercial and buildings and systems that have undergone moting— residential buildings by a Federal agency on major renovations. ‘‘(aa) efficient and sustainable use of or before December 31, 2020.’’; and ‘‘(B) UPDATES.—Not later than 1 year after water, energy, and other natural resources; (2) by striking subsections (c) and (d) and the date of approval of each subsequent revi- ‘‘(bb) use of renewable energy sources; inserting the following: sion of the ASHRAE Standard or the Inter- ‘‘(cc) improved indoor environmental qual- ‘‘(c) PERIODIC REVIEW.—The Secretary national Energy Conservation Code, as ap- ity through enhanced indoor air quality, shall— propriate, the Secretary shall determine thermal comfort, acoustics, day lighting, ‘‘(1) once every 5 years, review the Federal whether the revised standards established pollutant source control, and use of low- building energy standards established under under subclauses (I) and (II) of subparagraph emission materials and building system con- this section; and (A)(i) should be updated to reflect the revi- trols; ‘‘(2) on completion of a review under para- sions, based on the energy savings and life ‘‘(dd)(AA) the sourcing of grown, har- graph (1), if the Secretary determines that cycle cost-effectiveness of the revisions.’’; vested, or mined materials; and significant energy savings would result, up- (ii) in subparagraph (C)— ‘‘(BB) certifications of responsible grade the standards to include all new en- (I) by striking ‘‘(C) In the budget request’’ sourcing, such as certifications provided by ergy efficiency and renewable energy meas- and inserting the following: the Forest Stewardship Council, the Sustain- ures that are technologically feasible and ‘‘(C) BUDGET REQUEST.—In the budget re- able Forestry Initiative, the American Tree economically justified.’’. quest’’; and Farm System, or the Programme for the En- (c) FEDERAL COMPLIANCE.—Section 306 of (II) by indenting clauses (i) and (ii) appro- dorsement of Forest Certification; and the Energy Conservation and Production Act priately; and ‘‘(ee) such other criteria as the Secretary (42 U.S.C. 6835) is amended— (iii) by striking subparagraph (D) and in- determines to be appropriate; and (1) in subsection (a)— serting the following: ‘‘(V) national recognition within the build- (A) in paragraph (1)— ‘‘(D) CERTIFICATION FOR GREEN BUILDINGS.— ing industry. (i) by striking ‘‘(1) The head’’ and inserting ‘‘(i) SUSTAINABLE DESIGN PRINCIPLES.—Sus- ‘‘(vi) REVIEW.—The Secretary, in consulta- the following: tainable design principles shall be applied to tion with the Administrator of General Serv- ‘‘(1) IN GENERAL.—The head’’; and the siting, design, and construction of build- ices and the Secretary of Defense, shall con- (ii) by striking ‘‘assure that new Federal ings covered by this subparagraph. duct an ongoing review to evaluate and com- buildings’’ and inserting ‘‘ensure that new ‘‘(ii) SELECTION OF CERTIFICATION SYS- pare private sector green building certifi- Federal buildings and Federal buildings with TEMS.—The Secretary, after reviewing the cation systems, taking into account— major renovations’’; and findings of the Federal Director under sec- ‘‘(I) the criteria described in clause (v); and (B) in paragraph (2)— tion 436(h) of the Energy Independence and ‘‘(II) the identification made by the Fed- (i) by striking the second sentence and in- Security Act of 2007 (42 U.S.C. 17092(h)), in eral Director under section 436(h) of the En- serting the following: consultation with the Administrator of Gen- ergy Independence and Security Act of 2007 ‘‘(B) PROCEDURES.—The Architect of the eral Services, and in consultation with the (42 U.S.C. 17092(h)). Capitol shall adopt procedures necessary to

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ensure that the buildings referred to in sub- ‘‘(5) REPORTS.— ‘‘(c) STAKEHOLDER INVOLVEMENT.— paragraph (A) meet or exceed the standards ‘‘(A) AGENCY REPORTS.—Each Federal agen- ‘‘(1) IN GENERAL.—The Secretary and the described in that subparagraph.’’; and cy shall include in the report of the agency Administrator shall carry out subsection (b) (ii) in the first sentence— under section 527 of the Energy Independence in collaboration with the information tech- (I) by inserting ‘‘and Federal buildings and Security Act of 2007 (42 U.S.C. 17143) a nology industry and other key stakeholders, with major renovations’’ after ‘‘new build- description of the efforts and results of the with the goal of producing results that accu- ings’’; and agency under this subsection. rately reflect the most relevant and useful (II) by striking ‘‘(2) The Federal’’ and in- ‘‘(B) OMB GOVERNMENT EFFICIENCY REPORTS information. serting the following: AND SCORECARDS.—Effective beginning not ‘‘(2) CONSIDERATIONS.—In carrying out the ‘‘(2) APPLICABILITY.— later than October 1, 2022, the Director shall collaboration described in paragraph (1), the ‘‘(A) IN GENERAL.—The Federal’’; and include in the annual report and scorecard of Secretary and the Administrator shall pay (2) in subsection (b)— the Director required under section 528 of the particular attention to organizations that— (A) by striking the subsection heading and Energy Independence and Security Act of ‘‘(A) have members with expertise in en- inserting ‘‘EXPENDITURES’’; and 2007 (42 U.S.C. 17144) a description of the ef- ergy efficiency and in the development, oper- (B) by striking ‘‘new Federal building’’ and forts and results of Federal agencies under ation, and functionality of data centers, in- all that follows through the period at the this subsection. formation technology equipment, and soft- end and inserting ‘‘new Federal building or a ‘‘(C) USE OF EXISTING REPORTING STRUC- ware, including representatives of hardware Federal building with major renovations.’’. TURES.—The Director may require Federal manufacturers, data center operators, and SEC. 1035. ENERGY-EFFICIENT AND ENERGY-SAV- agencies to submit any information required facility managers; ING INFORMATION TECHNOLOGIES. to be submitted under this subsection ‘‘(B) obtain and address input from the Na- Section 543 of the National Energy Con- though reporting structures in use as of the tional Laboratories (as that term is defined servation Policy Act (42 U.S.C. 8253) (as date of enactment of the American Energy in section 2 of the Energy Policy Act of 2005 amended by section 1032) is amended by add- Innovation Act of 2020.’’. (42 U.S.C. 15801)) or any institution of higher ing at the end the following: SEC. 1036. HIGH-PERFORMANCE GREEN FEDERAL education, research institution, industry as- ‘‘(i) FEDERAL IMPLEMENTATION STRATEGY BUILDINGS. sociation, company, or public interest group FOR ENERGY-EFFICIENT AND ENERGY-SAVING Section 436(h) of the Energy Independence with applicable expertise; INFORMATION TECHNOLOGIES.— and Security Act of 2007 (42 U.S.C. 17092(h)) is ‘‘(C) follow— ‘‘(1) DEFINITIONS.—In this subsection: amended— ‘‘(i) commonly accepted procedures for the ‘‘(A) DIRECTOR.—The term ‘Director’ means the Director of the Office of Management (1) in the subsection heading, by striking development of specifications; and and Budget. ‘‘SYSTEM’’ and inserting ‘‘SYSTEMS’’; ‘‘(ii) accredited standards development processes; or ‘‘(B) INFORMATION TECHNOLOGY.—The term (2) by striking paragraph (1) and inserting ‘information technology’ has the meaning the following: ‘‘(D) have a mission to promote energy effi- given that term in section 11101 of title 40, ‘‘(1) IN GENERAL.—Based on an ongoing re- ciency for data centers and information United States Code. view, the Federal Director shall identify and technology. ‘‘(2) DEVELOPMENT OF IMPLEMENTATION shall provide to the Secretary pursuant to ‘‘(d) MEASUREMENTS AND SPECIFICATIONS.— STRATEGY.—Not later than 1 year after the section 305(a)(3)(D) of the Energy Conserva- The Secretary and the Administrator shall date of enactment of the American Energy tion and Production Act (42 U.S.C. consider and assess the adequacy of the spec- Innovation Act of 2020, each Federal agency 6834(a)(3)(D)) a list of those certification sys- ifications, measurements, best practices, and shall coordinate with the Director, the Sec- tems that the Director identifies as the most benchmarks described in subsection (b) for retary, and the Administrator of the Envi- likely to encourage a comprehensive and en- use by the Federal Energy Management Pro- ronmental Protection Agency to develop an vironmentally sound approach to certifi- gram, the Energy Star Program, and other implementation strategy (including best- cation of green buildings.’’; and efficiency programs of the Department of practices and measurement and verification (3) in paragraph (2)— Energy or the Environmental Protection techniques) for the maintenance, purchase, (A) in the matter preceding subparagraph Agency. and use by the Federal agency of energy-effi- (A), by striking ‘‘system’’ and inserting cient and energy-saving information tech- ‘‘systems’’; ‘‘(e) STUDY.— nologies at or for facilities owned and oper- (B) by striking subparagraph (A) and in- ‘‘(1) DEFINITION OF REPORT.—In this sub- ated by the Federal agency, taking into con- serting the following: section, the term ‘report’ means the report sideration the performance goals established ‘‘(A) an ongoing review provided to the of the Lawrence Berkeley National Labora- under paragraph (4). Secretary pursuant to section 305(a)(3)(D) of tory entitled ‘United States Data Center En- ergy Usage Report’ and dated June 2016, ‘‘(3) ADMINISTRATION.—In developing an im- the Energy Conservation and Production Act plementation strategy under paragraph (2), (42 U.S.C. 6834(a)(3)(D)), which shall— which was prepared as an update to the ‘Re- each Federal agency shall consider— ‘‘(i) be carried out by the Federal Director port to Congress on Server and Data Center ‘‘(A) advanced metering infrastructure; to compare and evaluate standards; and Energy Efficiency’, published on August 2, ‘‘(B) energy efficient data center strategies ‘‘(ii) allow any developer or administrator 2007, pursuant to section 1 of Public Law 109– and methods of increasing asset and infra- of a rating system or certification system to 431 (120 Stat. 2920). structure utilization; be included in the review;’’; ‘‘(2) STUDY.—Not later than 4 years after ‘‘(C) advanced power management tools; (C) in subparagraph (E)(v), by striking the date of enactment of the American En- ‘‘(D) building information modeling, in- ‘‘and’’ after the semicolon at the end; ergy Innovation Act of 2020, the Secretary, cluding building energy management; (D) in subparagraph (F), by striking the pe- in collaboration with the Administrator, ‘‘(E) secure telework and travel substi- riod at the end and inserting a semicolon; shall make available to the public an update tution tools; and and to the report that provides— ‘‘(F) mechanisms to ensure that the agency (E) by adding at the end the following: ‘‘(A) a comparison and gap analysis of the realizes the energy cost savings of increased ‘‘(G) a finding that, for all credits address- estimates and projections contained in the efficiency and utilization. ing the sourcing of grown, harvested, or report with new data regarding the period from 2015 through 2019; ‘‘(4) PERFORMANCE GOALS.— mined materials, the system rewards the use ‘‘(B) an analysis considering the impact of ‘‘(A) IN GENERAL.—Not later than 180 days of products that have obtained certifications after the date of enactment of the American of responsible sourcing, such as certifi- information technologies, including Energy Innovation Act of 2020, the Director, cations provided by the Sustainable Forestry virtualization and cloud computing, in the in consultation with the Secretary, shall es- Initiative, the Forest Stewardship Council, public and private sectors; tablish performance goals for evaluating the the American Tree Farm System, or the Pro- ‘‘(C) an evaluation of the impact of the efforts of Federal agencies in improving the gramme for the Endorsement of Forest Cer- combination of cloud platforms, mobile de- maintenance, purchase, and use of energy-ef- tification; and vices, social media, and big data on data cen- ficient and energy-saving information tech- ‘‘(H) a finding that the system incor- ter energy usage; nology at or for facilities owned and oper- porates life-cycle assessment as a credit ‘‘(D) an evaluation of water usage in data ated by the Federal agencies. pathway.’’. centers and recommendations for reductions in that water usage; and ‘‘(B) BEST PRACTICES.—The Chief Informa- SEC. 1037. ENERGY EFFICIENT DATA CENTERS. tion Officers Council established under sec- Section 453 of the Energy Independence ‘‘(E) updated projections and recommenda- tion 3603 of title 44, United States Code, shall and Security Act of 2007 (42 U.S.C. 17112) is tions for best practices through fiscal year recommend best practices for the attain- amended— 2025. ment of the performance goals established (1) in subsection (b)— ‘‘(f) DATA CENTER ENERGY PRACTITIONER under subparagraph (A), which shall include, (A) in paragraph (2)(D)(iv), by striking ‘‘de- PROGRAM.— to the extent applicable by law, consider- termined by the organization’’ and inserting ‘‘(1) IN GENERAL.—The Secretary, in col- ation by a Federal agency of the use of— ‘‘proposed by the stakeholders’’; and laboration with key stakeholders and the Di- ‘‘(i) energy savings performance con- (B) by striking paragraph (3); and rector of the Office of Management and tracting; and (2) by striking subsections (c) through (g) Budget, shall maintain a data center energy ‘‘(ii) utility energy services contracting. and inserting the following: practitioner program that provides for the

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(1) ELECTRIC MOTOR.—The term ‘‘electric on which the qualified extended product sys- ‘‘(2) EVALUATIONS.—Each Federal agency motor’’ has the meaning given the term in tem was installed; or shall consider having the data centers of the section 431.12 of title 10, Code of Federal Reg- (II) in the case of a qualified entity de- agency evaluated once every 4 years by en- ulations (as in effect on the date of enact- scribed in paragraph (1)(B), demonstrated ergy practitioners certified pursuant to the ment of this Act). evidence— program, whenever practicable using cer- (2) ELECTRONIC CONTROL.—The term ‘‘elec- (aa) that the qualified extended product tified practitioners employed by the agency. tronic control’’ means— system meets the requirements of subsection ‘‘(g) OPEN DATA INITIATIVE.— (A) a power converter; or (a)(4)(B); and ‘‘(1) IN GENERAL.—The Secretary, in col- (B) a combination of a power circuit and (bb) showing the serial number, manufac- laboration with key stakeholders and the Di- control circuit included on 1 chassis. turer, and model number from the nameplate rector of the Office of Management and (3) EXTENDED PRODUCT SYSTEM.—The term of the installed motor of the qualified entity Budget, shall establish an open data initia- ‘‘extended product system’’ means an elec- with which the extended product system is tive relating to energy usage at federally tric motor and any required associated elec- integrated. owned and operated data centers, with the tronic control and driven load that— (d) AUTHORIZED AMOUNT OF REBATE.— purpose of making the data available and ac- (A) offers variable speed or multispeed op- (1) IN GENERAL.—The Secretary may pro- cessible in a manner that encourages further eration; vide to a qualified entity a rebate in an data center innovation, optimization, and (B) offers partial load control that reduces amount equal to the product obtained by consolidation. input energy requirements (as measured in multiplying— ‘‘(2) CONSIDERATION.—In establishing the kilowatt-hours) as compared to identified (A) an amount equal to the sum of the initiative under paragraph (1), the Secretary base levels set by the Secretary; and nameplate rated horsepower of— shall consider using the online Data Center (C)(i) has greater than 1 horsepower; and (i) the electric motor to which the quali- Maturity Model. (ii) uses an extended product system tech- fied extended product system is attached; ‘‘(h) INTERNATIONAL SPECIFICATIONS AND nology, as determined by the Secretary. and METRICS.—The Secretary, in collaboration (4) QUALIFIED EXTENDED PRODUCT SYSTEM.— (ii) the electronic control; and with key stakeholders, shall actively partici- (A) IN GENERAL.—The term ‘‘qualified ex- (B) $25. pate in efforts to harmonize global specifica- tended product system’’ means an extended (2) MAXIMUM AGGREGATE AMOUNT.—A quali- tions and metrics for data center energy and product system that— fied entity shall not be entitled to aggregate water efficiency. (i) includes an electric motor and an elec- rebates under this section in excess of $25,000 ‘‘(i) DATA CENTER UTILIZATION METRIC.— tronic control; and per calendar year. (ii) reduces the input energy (as measured The Secretary, in collaboration with key (e) AUTHORIZATION OF APPROPRIATIONS.— in kilowatt-hours) required to operate the stakeholders, shall facilitate in the develop- There is authorized to be appropriated to extended product system by not less than 5 ment of an efficiency metric that measures carry out this section $5,000,000 for each of percent, as compared to identified base lev- the energy efficiency of a data center (in- the first 2 full fiscal years following the date els set by the Secretary. cluding equipment and facilities). of enactment of this Act, to remain available (B) INCLUSIONS.—The term ‘‘qualified ex- ‘‘(j) PROTECTION OF PROPRIETARY INFORMA- until expended. tended product system’’ includes commercial TION.—The Secretary and the Administrator or industrial machinery or equipment that— SEC. 1043. ENERGY EFFICIENT TRANSFORMER shall not disclose any proprietary informa- REBATE PROGRAM. tion or trade secrets provided by any indi- (i)(I) did not previously make use of the ex- vidual or company for the purposes of car- tended product system prior to the redesign (a) DEFINITIONS.—In this section: rying out this section or the programs and described in subclause (II); and (1) QUALIFIED ENERGY EFFICIENT TRANS- initiatives established under this section.’’. (II) incorporates an extended product sys- FORMER.—The term ‘‘qualified energy effi- tem that has greater than 1 horsepower into cient transformer’’ means a transformer that Subpart D—Rebates and Certifications redesigned machinery or equipment; and meets or exceeds the applicable energy con- SEC. 1041. THIRD-PARTY CERTIFICATION UNDER (ii) was previously used prior to, and was servation standards described in the tables ENERGY STAR PROGRAM. placed back into service during, calendar in subsection (b)(2) and paragraphs (1) and (2) Section 324A of the Energy Policy and Con- year 2021 or 2022. of subsection (c) of section 431.196 of title 10, servation Act (42 U.S.C. 6294a) is amended by (b) ESTABLISHMENT.—Not later than 180 Code of Federal Regulations (as in effect on adding at the end the following: days after the date of enactment of this Act, the date of enactment of this Act). ‘‘(e) THIRD-PARTY CERTIFICATION.— the Secretary shall establish a program to (2) QUALIFIED ENERGY INEFFICIENT TRANS- ‘‘(1) IN GENERAL.—Subject to paragraph (2), provide rebates for expenditures made by FORMER.—The term ‘‘qualified energy ineffi- not later than 180 days after the date of en- qualified entities for the purchase or instal- cient transformer’’ means a transformer actment of this subsection, the Adminis- lation of a qualified extended product sys- with an equal number of phases and capacity trator shall revise the certification require- tem. to a transformer described in any of the ta- ments for the labeling of consumer, home, (c) QUALIFIED ENTITIES.— bles in subsection (b)(2) and paragraphs (1) and office electronic products for program (1) ELIGIBILITY REQUIREMENTS.—A qualified and (2) of subsection (c) of section 431.196 of partners that have complied with all require- entity under this section shall be— title 10, Code of Federal Regulations (as in ments of the Energy Star program for a pe- (A) in the case of a qualified extended effect on the date of enactment of this Act) riod of at least 18 months. product system described in subsection that— ‘‘(2) ADMINISTRATION.—In the case of a pro- (a)(4)(A), the purchaser of the qualified ex- (A) does not meet or exceed the applicable gram partner described in paragraph (1), the tended product that is installed; and energy conservation standards described in new requirements under paragraph (1)— (B) in the case of a qualified extended prod- paragraph (1); and ‘‘(A) shall not require third-party certifi- uct system described in subsection (a)(4)(B), (B)(i) was manufactured between January cation for a product to be listed; but the manufacturer of the commercial or in- 1, 1987, and December 31, 2008, for a trans- ‘‘(B) may require that test data and other dustrial machinery or equipment that incor- former with an equal number of phases and product information be submitted to facili- porated the extended product system into capacity as a transformer described in the tate product listing and performance that machinery or equipment. table in subsection (b)(2) of section 431.196 of verification for a sample of products. (2) APPLICATION.—To be eligible to receive title 10, Code of Federal Regulations (as in ‘‘(3) THIRD PARTIES.—Nothing in this sub- a rebate under this section, a qualified enti- effect on the date of enactment of this Act); section prevents the Administrator from ty shall submit to the Secretary— or using third parties in the course of the ad- (A) an application in such form, at such (ii) was manufactured between January 1, ministration of the Energy Star program. time, and containing such information as the 1992, and December 31, 2011, for a transformer ‘‘(4) TERMINATION.— Secretary may require; and with an equal number of phases and capacity ‘‘(A) IN GENERAL.—Subject to subparagraph (B) a certification that includes dem- as a transformer described in the table in (B), an exemption from third-party certifi- onstrated evidence— paragraph (1) or (2) of subsection (c) of that cation provided to a program partner under (i) that the entity is a qualified entity; and section (as in effect on the date of enactment paragraph (1) shall terminate if the program (ii)(I) in the case of a qualified entity de- of this Act). partner is found to have violated program re- scribed in paragraph (1)(A)— (3) QUALIFIED ENTITY.—The term ‘‘qualified quirements with respect to at least 2 sepa- (aa) that the qualified entity installed the entity’’ means an owner of industrial or rate models during a 2-year period. qualified extended product system during manufacturing facilities, commercial build- ‘‘(B) RESUMPTION.—A termination for a the 2 fiscal years following the date of enact- ings, or multifamily residential buildings, a program partner under subparagraph (A) ment of this Act; utility, or an energy service company that shall cease if the program partner complies (bb) that the qualified extended product fulfills the requirements of subsection (d). with all Energy Star program requirements system meets the requirements of subsection (b) ESTABLISHMENT.—Not later than 90 days for a period of at least 3 years.’’. (a)(4)(A); and after the date of enactment of this Act, the

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.056 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1363 Secretary shall establish a program to pro- (1) in paragraph (2)(B), by striking ‘‘para- ‘‘(5) to encourage eligible entities pro- vide rebates to qualified entities for expendi- graph (5)’’ and inserting ‘‘paragraph (6)’’; viding weatherization assistance to hire and tures made by the qualified entity for the re- (2) in paragraph (3)— retain employees who are individuals— placement of a qualified energy inefficient (A) in the first sentence, by striking ‘‘and ‘‘(A) from the community in which the as- transformer with a qualified energy efficient with the Director of the Community Services sistance is provided; and transformer. Administration’’; and ‘‘(B) from communities or groups underrep- (c) REQUIREMENTS.—To be eligible to re- (B) in the first sentence of the undesig- resented in the home energy performance ceive a rebate under this section, an entity nated matter following subparagraph (C)— workforce. shall submit to the Secretary an application (i) by striking ‘‘part,’’ and inserting ‘‘part ‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In in such form, at such time, and containing and by’’; and this section, the term ‘eligible entity’ such information as the Secretary may re- (ii) by striking ‘‘, and the Director’’ and all means— quire, including demonstrated evidence— that follows through ‘‘1964’’; ‘‘(1) an entity receiving funding from the (1) that the entity purchased a qualified (3) by redesignating paragraphs (5) and (6) Federal Government or from a State, Tribal, energy efficient transformer; as paragraphs (6) and (7), respectively; and or local government through a weatheriza- (2) of the core loss value of the qualified (4) by inserting after paragraph (4) the fol- tion assistance program under section 413 or energy efficient transformer; lowing: 414; and (3) of the age of the qualified energy ineffi- ‘‘(5) In carrying out paragraph (3), the Sec- ‘‘(2) a nonprofit organization. cient transformer being replaced; retary may take into consideration evi- ‘‘(c) FINANCIAL ASSISTANCE AWARDS.—The (4) of the core loss value of the qualified dence-based values for improvements in the Secretary shall, to the extent funds are made energy inefficient transformer being re- health and safety of occupants of weather- available, award financial assistance on an placed— ized homes, and other non-energy benefits, annual basis through a competitive process (A) as measured by a qualified professional as determined by the Secretary.’’. to an eligible entity— or verified by the equipment manufacturer, (c) CONTRACTOR OPTIMIZATION.— ‘‘(1) with respect to dwelling units that are as applicable; or (1) TECHNICAL TRANSFER GRANTS.—Section occupied by low-income persons— (B) for transformers described in sub- 414B(a)(4) of the Energy Conservation and ‘‘(A) to implement measures to make those section (a)(2)(B)(i), as selected from a table Production Act (42 U.S.C. 6864b(a)(4)) is dwelling units weatherization-ready, includ- of default values as determined by the Sec- amended— ing by addressing structural, plumbing, roof- retary in consultation with applicable indus- (A) by striking ‘‘for persons’’ and inserting ing, and electrical issues, environmental try; and the following: ‘‘for— hazards, and other issues that the Secretary (5) that the qualified energy inefficient ‘‘(A) persons’’; and determines to be appropriate; transformer has been permanently decom- (B) in subparagraph (A) (as so designated), ‘‘(B) to install energy efficiency tech- missioned and scrapped. by striking the period at the end and insert- nologies, including home energy manage- (d) AUTHORIZED AMOUNT OF REBATE.—The ing the following: ‘‘; and ment systems, smart devices, and other tech- amount of a rebate provided under this sec- ‘‘(B) private entities that are contracted to nologies the Secretary determines to be ap- tion shall be— provide weatherization assistance under this propriate; (1) for a 3-phase or single-phase trans- part, in accordance with rules determined by ‘‘(C) to install renewable energy systems former with a capacity of not less than 10 the Secretary.’’. (as defined in section 415(c)(6)(A)); and and not greater than 2,500 kilovolt-amperes, (2) CONTRACTOR OPTIMIZATION.—The Energy ‘‘(D) to implement measures to ensure twice the amount equal to the difference in Conservation and Production Act is amended healthy indoor environments by improving Watts between the core loss value (as meas- by inserting after section 414B (42 U.S.C. indoor air quality, accessibility, and other ured in accordance with paragraphs (2) and 6864b) the following: healthy home measures, as determined by the Secretary; (4) of subsection (c)) of— ‘‘SEC. 414C. CONTRACTOR OPTIMIZATION. ‘‘(2) to improve the capability of the eligi- (A) the qualified energy inefficient trans- ‘‘The Secretary may request that entities ble entity— former; and receiving funding from the Federal Govern- ‘‘(A) to significantly increase the number (B) the qualified energy efficient trans- ment or from a State through a weatheriza- of energy retrofits performed by the eligible former; or tion assistance program under section 413 or entity; (2) for a transformer described in sub- 414— ‘‘(B) to replicate best practices for work section (a)(2)(B)(i), the amount determined ‘‘(1) perform periodic reviews of the use of performed under this section on a larger using a table of default rebate values by private contractors in the provision of scale; rated transformer output, as measured in weatherization assistance, if applicable; and ‘‘(C) to leverage additional funds to sustain kilovolt-amperes, as determined by the Sec- ‘‘(2) encourage an increased use and ex- the provision of weatherization assistance retary in consultation with applicable indus- panded role of contractors as appropriate.’’. and other work performed under this section try. (3) TABLE OF CONTENTS AMENDMENT.—The after the financial assistance awarded under (e) AUTHORIZATION OF APPROPRIATIONS.— table of contents for the Energy Conserva- this section is expended; and There is authorized to be appropriated to tion and Production Act (Public Law 94–385; ‘‘(D) to hire and retain employees de- carry out this section $5,000,000 for each of 90 Stat. 1125) is amended by inserting after scribed in subsection (a)(5); fiscal years 2021 and 2022, to remain available the item relating to section 414B the fol- ‘‘(3) for innovative outreach and education until expended. lowing: (f) TERMINATION OF EFFECTIVENESS.—The regarding the benefits and availability of authority provided by this section termi- ‘‘Sec. 414C. Contractor optimization.’’. weatherization assistance and other assist- (d) FINANCIAL ASSISTANCE FOR WAP EN- nates on December 31, 2022. ance available under this section; HANCEMENT AND INNOVATION.— Subpart E—Miscellaneous ‘‘(4) for quality control of work performed (1) IN GENERAL.—The Energy Conservation under this section; SEC. 1051. ADVANCE APPROPRIATIONS RE- and Production Act (Public Law 94–385; 90 ‘‘(5) for data collection, measurement, and QUIRED. Stat. 1125) is amended by inserting after sec- The authorization of amounts under this verification with respect to that work; tion 414C (as added by subsection (c)(2)) the ‘‘(6) for program monitoring, oversight, part and the amendments made by this part following: shall be effective for any fiscal year only to evaluation, and reporting of that work; ‘‘SEC. 414D. FINANCIAL ASSISTANCE FOR WAP EN- ‘‘(7) for labor, training, and technical as- the extent and in the amount provided in ad- HANCEMENT AND INNOVATION. vance in appropriations Acts. sistance relating to that work; ‘‘(a) PURPOSES.—The purposes of this sec- ‘‘(8) subject to subsection (g)(2), for plan- PART II—WEATHERIZATION tion are— ning, management, and administration of SEC. 1101. WEATHERIZATION ASSISTANCE PRO- ‘‘(1) to expand the number of dwelling that work; and GRAM. units that are occupied by low-income per- ‘‘(9) for any other appropriate activity, as (a) DEFINITION OF WEATHERIZATION MATE- sons that receive weatherization assistance determined by the Secretary. RIALS.—Section 412(9)(J) of the Energy Con- under this section by making those dwelling ‘‘(d) APPLICATIONS.—To be eligible for an servation and Production Act (42 U.S.C. units weatherization-ready; award of financial assistance under this sec- 6862(9)(J)) is amended— ‘‘(2) to promote the deployment of renew- tion, an eligible entity shall submit to the (1) by inserting ‘‘, including renewable en- able energy in dwelling units that are occu- Secretary an application in such manner and ergy technologies and other advanced tech- pied by low-income persons; containing such information as the Sec- nologies,’’ after ‘‘technologies’’; and ‘‘(3) to ensure healthy indoor environments retary may require. (2) by striking ‘‘Development,’’ and all by enhancing or expanding health and safety ‘‘(e) AWARD FACTORS.—In awarding finan- that follows through the period at the end measures and resources available to dwell- cial assistance under this section, the Sec- and inserting ‘‘Development and the Sec- ings that are occupied by low-income per- retary shall consider— retary of Agriculture.’’. sons; ‘‘(1) the record of the eligible entity, using (b) ALLOWANCE FOR HEALTH AND SAFETY ‘‘(4) to disseminate new methods and best the most recent year for which data are BENEFITS.—Section 413(b) of the Energy Con- practices among eligible entities providing available, in constructing, renovating, re- servation and Production Act (42 U.S.C. weatherization assistance under this section; pairing, and making energy efficient single- 6863(b)) is amended— and family, multifamily, or manufactured homes

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that are occupied by low-income persons, ei- ‘‘(j) REVIEW AND EVALUATION.—The Sec- on which the previous weatherization was ther directly or through affiliates, chapters, retary shall review and evaluate the per- completed; and or other partners; formance of each eligible entity that re- ‘‘(ii) may receive further financial assist- ‘‘(2) the number of dwelling units occupied ceives an award of financial assistance under ance for weatherization under this part for by low-income persons that the eligible enti- this section, which may include an audit. the purpose of providing an interim serv- ty has built, renovated, repaired, weather- ‘‘(k) ANNUAL REPORT.—The Secretary shall ice.’’. ized, and made more energy efficient in the submit to the relevant committees of Con- (g) ANNUAL REPORT.—Section 421 of the En- 5 years immediately preceding the date on gress an annual report that describes— ergy Conservation and Production Act (42 which the eligible entity submits an applica- ‘‘(1) the actions taken by the Secretary U.S.C. 6871) is amended in the second sen- tion under subsection (d); and eligible entities awarded financial as- tence by inserting ‘‘the number of multi- ‘‘(3) the qualifications, experience, and sistance under this section to achieve the family buildings in which individual dwell- past performance of the eligible entity, in- purposes of this section during the year cov- ing units were weatherized during the pre- cluding experience successfully managing ered by the report; and vious year, the number of individual dwell- and administering Federal funds; ‘‘(2) the energy and cost savings, and any ing units in multifamily buildings weather- ‘‘(4) the strength of the proposal of the eli- other accomplishments, achieved under this ized during the previous year,’’ after ‘‘the av- gible entity to achieve one or more of the section during the year covered by the re- erage size of the dwellings being weather- purposes described in subsection (a); port. ized,’’. (h) REAUTHORIZATION OF WAP.—Section 422 ‘‘(5) the extent to which the eligible entity ‘‘(l) FUNDING.— of the Energy Conservation and Production will use partnerships and regional coordina- ‘‘(1) IN GENERAL.—Subject to paragraphs (2) Act (42 U.S.C. 6872) is amended in the matter tion to achieve one or more of the purposes and (3), for each of fiscal years 2021 through preceding paragraph (1) by striking ‘‘appro- described in subsection (a); 2025, of the amount appropriated under sec- priated’’ and all that follows through ‘‘2012..’’ ‘‘(6) regional and climate zone diversity; tion 422— in paragraph (5) and inserting ‘‘appropriated ‘‘(7) urban, suburban, and rural localities; ‘‘(A) if the amount is not more than $350,000,000 for each of fiscal years 2021 and $225,000,000, no funds shall be used to carry through 2025.’’. ‘‘(8) any other appropriate factor, as deter- out this section; (i) WAIVER STUDY.— mined by the Secretary. ‘‘(B) if the amount is not more than (1) IN GENERAL.—It is the sense of Congress ‘‘(f) FIRST AWARD.—Subject to the avail- $260,000,000, not more than 2 percent of that that, to the maximum extent practicable, ability of appropriations, not later than 270 amount may be used to carry out this sec- the Secretary should coordinate with the Di- days after the date of enactment of this sec- tion; rector of the Office of Management and tion, the Secretary shall make a first award ‘‘(C) if the amount is not more than Budget to grant waivers of requirements of financial assistance under this section. $300,000,000, not more than 4 percent of that under section 200.313 of title 2, Code of Fed- ‘‘(g) AMOUNT AND TERM.— amount may be used to carry out this sec- eral Regulations (or successor regulations), ‘‘(1) MAXIMUM AMOUNT.—The total amount tion; and to better leverage private sector funds for of financial assistance awarded to an eligible ‘‘(D) if the amount is more than the purposes of using funding awarded under entity under this section shall not exceed $300,000,000, not more than 6 percent of that the Weatherization Assistance Program for $2,000,000. amount may be used to carry out this sec- Low-Income Persons established under part ‘‘(2) PLANNING, MANAGEMENT, AND ADMINIS- tion. A of title IV of the Energy Conservation and TRATION.—Of the amount awarded to an eli- ‘‘(2) AMOUNTS EXCLUDED.—Each amount de- Production Act (42 U.S.C. 6861 et seq.). gible entity under this section, not more scribed in paragraph (1) shall not include the (2) STUDY.—Not more than 180 days after than 15 percent may be used by the eligible amount made available for Department of the date of enactment of this Act, the Sec- entity for the purpose described in sub- Energy headquarters training or technical retary shall submit to the relevant commit- section (c)(8). assistance. tees of Congress a report that describes— ‘‘(3) TECHNICAL AND TRAINING ASSISTANCE.— ‘‘(3) MAXIMUM AMOUNT.—The maximum (A) each waiver that has been requested The total amount of financial assistance amount used to carry out this section in under paragraph (1) after September 30, 2010; awarded to an entity under this section shall each fiscal year shall not exceed $25,000,000.’’. and be reduced by the cost of any technical and (2) TABLE OF CONTENTS.—The table of con- (B) the determination of the Secretary and training assistance provided by the Sec- tents for the Energy Conservation and Pro- the Director of the Office of Management retary under this section that relates to that duction Act (Public Law 94–385; 90 Stat. 1125) and Budget regarding each waiver described financial assistance. is amended by inserting after the item relat- in subparagraph (A). ‘‘(4) TERM.—The term of an award of finan- ing to section 414C (as added by subsection Subtitle B—Renewable Energy cial assistance under this section shall not (c)(3)) the following: SEC. 1201. HYDROELECTRIC PRODUCTION INCEN- exceed 3 years. ‘‘Sec. 414D. Financial assistance for WAP TIVES AND EFFICIENCY IMPROVE- ‘‘(5) RELATIONSHIP TO FORMULA GRANTS.— enhancement and innovation.’’. MENTS. An eligible entity may use financial assist- (e) INCREASE IN ADMINISTRATIVE FUNDS.— (a) HYDROELECTRIC PRODUCTION INCEN- ance awarded under this section in conjunc- Section 415(a)(1) of the Energy Conservation TIVES.—Section 242 of the Energy Policy Act tion with other financial assistance provided and Production Act (42 U.S.C. 6865(a)(1)) is of 2005 (42 U.S.C. 15881) is amended— to the eligible entity under this part. amended by striking ‘‘10 percent’’ and insert- (1) in subsection (b), by striking paragraph ‘‘(h) GUIDANCE.—Not later than 90 days ing ‘‘15 percent’’. (1) and inserting the following: after the date of enactment of this section, (f) REWEATHERIZATION DATE.—Section ‘‘(1) QUALIFIED HYDROELECTRIC FACILITY.— the Secretary shall issue guidance on imple- 415(c) of the Energy Conservation and Pro- The term ‘qualified hydroelectric facility’ menting this section, which shall include, duction Act (42 U.S.C. 6865(c)) is amended by means a turbine or other generating device with respect to eligible entities awarded fi- striking paragraph (2) and inserting the fol- owned or solely operated by a non-Federal nancial assistance under this section— lowing: entity— ‘‘(1) standards for allowable expenditures; ‘‘(2) FURTHER ASSISTANCE.— ‘‘(A) that generates hydroelectric energy ‘‘(2) a minimum saving-to-investment ‘‘(A) DEFINITION OF INTERIM SERVICE.— for sale; and ratio; and ‘‘(i) IN GENERAL.—In this paragraph, the ‘‘(B)(i) that is added to an existing dam or ‘‘(3) standards for— term ‘interim service’ means an energy serv- conduit; or ‘‘(A) training programs; ice that takes place between instances of ‘‘(ii)(I) that has a generating capacity of ‘‘(B) energy audits; weatherization or partial weatherization of a not more than 20 megawatts; ‘‘(C) the provision of technical assistance; dwelling unit, as determined by the Sec- ‘‘(II) for which the non-Federal entity has ‘‘(D) monitoring activities carried out retary. received a construction authorization from using the financial assistance; ‘‘(ii) INCLUSION.—In this paragraph, the the Federal Energy Regulatory Commission, ‘‘(E) verification of energy and cost sav- term ‘interim service’ includes— if applicable; and ings; ‘‘(I) the provision of energy information ‘‘(III) that is constructed in an area in ‘‘(F) liability insurance requirements; and and education to assist with energy manage- which there is inadequate electric service, as ‘‘(G) recordkeeping and reporting require- ment; determined by the Secretary, including by ments, which shall include reporting to the ‘‘(II) an evaluation of the effectiveness of taking into consideration— Office of Weatherization and Intergovern- installed weatherization measures; and ‘‘(aa) access to the electric grid; mental Programs of the Department of En- ‘‘(III) the provision of services, equipment, ‘‘(bb) the frequency of electric outages; or ergy applicable data on each dwelling unit or other measures funded by non-Federal ‘‘(cc) the affordability of electricity.’’; retrofitted or otherwise assisted by the eligi- funds, as determined by the Secretary. (2) in subsection (c), by striking ‘‘10’’ and ble entity using the financial assistance. ‘‘(B) FURTHER ASSISTANCE.—Dwelling units inserting ‘‘22’’; ‘‘(i) COMPLIANCE WITH STATE AND LOCAL weatherized or partially weatherized under (3) in subsection (e)(2), by striking ‘‘section LAW.—Nothing in this section supersedes or this part, or under other Federal programs— 29(d)(2)(B)’’ and inserting ‘‘section modifies any State or local law to the extent ‘‘(i) may not receive further financial as- 45K(d)(2)(B)’’; that the State or local law is more stringent sistance for weatherization under this part (4) in subsection (f), by striking ‘‘20’’ and than this section. until the date that is 15 years after the date inserting ‘‘32’’; and

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.056 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1365 (5) in subsection (g), by striking ‘‘each of ‘‘(4) to investigate variability issues and ‘‘(iii) community microgrids in isolated the fiscal years 2006 through 2015’’ and in- the efficient and reliable integration of ma- power systems; and serting ‘‘each of fiscal years 2021 through rine energy with the utility grid; ‘‘(C) in any other applications, as deter- 2036’’. ‘‘(5) to identify and study critical short- mined by the Secretary. (b) HYDROELECTRIC EFFICIENCY IMPROVE- and long-term needs to create a sustainable ‘‘(b) COST SHARING AND MERIT REVIEW.— MENT.—Section 243(c) of the Energy Policy marine energy supply chain based in the The Secretary shall carry out the program Act of 2005 (42 U.S.C. 15882(c)) is amended by United States; under this section in accordance with sec- striking ‘‘each of the fiscal years 2006 ‘‘(6) to increase the reliability and surviv- tions 988 and 989 of the Energy Policy Act of through 2015’’ and inserting ‘‘each of fiscal ability of marine energy technologies; 2005 (42 U.S.C. 16352, 16353).’’. years 2021 through 2036’’. ‘‘(7) to verify the performance, reliability, (d) NATIONAL MARINE ENERGY CENTERS.— maintainability, and cost of new marine en- Section 634 of the Energy Independence and SEC. 1202. MARINE ENERGY RESEARCH AND DE- Security Act of 2007 (42 U.S.C. 17213) is VELOPMENT. ergy device designs and system components in an operating environment; amended— (a) PURPOSE.—The purpose of this section ‘‘(8) to consider the protection of critical (1) in the section heading, by striking ‘‘RE- is to support marine energy programs that— infrastructure, such as adequate separation NEWABLE ENERGY RESEARCH, DEVELOPMENT, (1) promote research on, and the develop- between marine energy devices and projects AND DEMONSTRATION’’ and inserting ‘‘EN- ment of, increased energy generation and ca- and submarine telecommunications cables, ERGY’’; pacity at reduced costs; including consideration of established indus- (2) by redesignating subsection (c) as sub- (2) promote research and development ac- try standards; section (d); and tivities that improve environmental out- ‘‘(9)(A) to coordinate the programs carried (3) by striking subsections (a) and (b) and comes of marine energy technologies; out under this section with, and avoid dupli- inserting the following: (3) provide grid stability and create new cation of activities across, programs of the ‘‘(a) CENTERS.— market opportunities; and Department and other applicable Federal ‘‘(1) IN GENERAL.—The Secretary shall (4) promote job creation in the energy sec- agencies, including National Laboratories; award grants to institutions of higher edu- tor. and cation for— (b) DEFINITION OF MARINE ENERGY.— ‘‘(B) to coordinate public-private collabo- ‘‘(A) the continuation and expansion of re- (1) IN GENERAL.—Section 632 of the Energy ration in carrying out the programs under search, development, and testing activities Independence and Security Act of 2007 (42 this section; at National Marine Energy Centers estab- U.S.C. 17211) is amended to read as follows: ‘‘(10) to identify opportunities for joint re- lished as of January 1, 2019; and ‘‘(B) the establishment of new National ‘‘SEC. 632. DEFINITION OF MARINE ENERGY. search and development programs and the development of economies of scale between— Marine Energy Centers. ‘‘In this subtitle, the term ‘marine energy’ ‘‘(2) CRITERIA.—In selecting locations for means energy from— ‘‘(A) marine energy technologies; and ‘‘(B) other renewable energy and fossil en- new National Marine Energy Centers to be ‘‘(1) waves, tides, and currents in oceans, established under paragraph (1)(B), the Sec- estuaries, and tidal areas; ergy programs, offshore oil and gas produc- tion activities, and activities of the Depart- retary shall consider sites that meet one of ‘‘(2) free-flowing hydrokinetic water in riv- the following criteria: ers, lakes, and streams; ment of Defense; ‘‘(11) to identify, in conjunction with the ‘‘(A) The new Center hosts an existing ma- ‘‘(3) free-flowing hydrokinetic water in rine energy research and development pro- man-made channels; and Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and gram in coordination with an engineering ‘‘(4) differentials in ocean temperature or program at an institution of higher edu- ocean thermal energy conversion.’’. Atmosphere, and other relevant Federal agencies as appropriate, the potential envi- cation. (2) CONFORMING EDITS.— ‘‘(B) The new Center has proven expertise (A) The subtitle heading for subtitle C of ronmental impacts, including potential im- pacts on fisheries and other marine re- to support environmental and policy-related title VI of the Energy Independence and Se- issues associated with the harnessing of en- curity Act of 2007 (Public Law 110–440; 121 sources, of marine energy technologies, measures to prevent adverse impacts, and ergy in the marine environment. Stat. 1686) is amended by striking ‘‘and technologies and other means available for ‘‘(C) The new Center has access to and uses Hydrokinetic Renewable’’. monitoring and determining environmental marine resources. (B) Section 631 of the Energy Independence ‘‘(b) PURPOSES.—The National Marine En- impacts; and Security Act of 2007 (42 U.S.C. 17001 note; ergy Centers shall coordinate with other Na- ‘‘(12) to identify, in conjunction with the 121 Stat. 1686) is amended by striking ‘‘and tional Marine Energy Centers, the Depart- Secretary of the Department in which the Hydrokinetic Renewable’’. ment, and the National Laboratories— United States Coast Guard is operating, act- ‘‘(1) to advance research, development, and (c) MARINE ENERGY RESEARCH AND DEVEL- ing through the Commandant of the United demonstration of marine energy tech- OPMENT.—Section 633 of the Energy Inde- States Coast Guard, the potential naviga- nologies; pendence and Security Act of 2007 (42 U.S.C. tional impacts of marine energy tech- ‘‘(2) to support in-water testing and dem- 17212) is amended to read as follows: nologies and measures to prevent adverse onstration of marine energy technologies, in- ‘‘SEC. 633. MARINE ENERGY RESEARCH AND DE- impacts on navigation; cluding facilities capable of testing— VELOPMENT. ‘‘(13) to support in-water technology devel- ‘‘(A) marine energy systems of various ‘‘(a) IN GENERAL.—The Secretary, acting opment with international partners using ex- through the Director of the Water Power isting cooperative procedures (including technology readiness levels and scales; Technologies Office, in consultation with the memoranda of understanding)— ‘‘(B) a variety of technologies in multiple Secretary of the Interior, the Secretary of ‘‘(A) to allow cooperative funding and test berths at a single location; and Commerce, and the Federal Energy Regu- other support of value to be exchanged and ‘‘(C) arrays of technology devices; and latory Commission, shall carry out a pro- leveraged; and ‘‘(3) to serve as information clearinghouses gram to accelerate the introduction of ma- ‘‘(B) to encourage international research for the marine energy industry by collecting rine energy production into the United centers and international companies to par- and disseminating information on best prac- States energy supply, giving priority to ticipate in the development of marine energy tices in all areas relating to developing and technologies most likely to lead to commer- technology in the United States and to en- managing marine energy resources and en- cial utilization, while fostering accelerated courage United States research centers and ergy systems. ‘‘(c) COST SHARING.—The Secretary shall research, development, demonstration, and companies to participate in marine energy carry out the program under this section in commercial application of technology, in- projects abroad; and accordance with section 988(b)(4) of the En- cluding programs— ‘‘(14) to assist in the development of tech- ergy Policy Act of 2005 (42 U.S.C. ‘‘(1) to assist technology development on a nology necessary to support the use of ma- 16352(b)(4)).’’. variety of scales, including full-scale proto- rine energy— (e) AUTHORIZATION OF APPROPRIATIONS.— types, to improve the components, processes, ‘‘(A) for the generation and storage of Section 636 of the Energy Independence and and systems used for power generation from power at sea, including in applications relat- Security Act of 2007 (42 U.S.C. 17215) is marine energy resources; ing to— amended by striking ‘‘$50,000,000 for each of ‘‘(2) to establish and expand critical test- ‘‘(i) ocean observation and navigation; the fiscal years 2008 through 2012’’ and in- ing infrastructure and facilities necessary— ‘‘(ii) underwater vehicle charging; serting ‘‘$160,000,000 for each of fiscal years ‘‘(A) to cost-effectively and efficiently test ‘‘(iii) marine aquaculture; 2021 and 2022’’. and prove marine energy devices; and ‘‘(iv) production of marine algae; and (f) STUDY OF ENERGY INNOVATION IN MARINE ‘‘(B) to accelerate the technological readi- ‘‘(v) extraction of critical minerals and TRANSPORTATION AND INFRASTRUCTURE RE- ness and commercialization of those devices; gasses from seawater; SILIENCE.— ‘‘(3) to support efforts to increase the effi- ‘‘(B) for the generation and storage of (1) IN GENERAL.—The Secretary, in con- ciency of energy conversion, lower the cost, power to promote the resilience of coastal sultation with the Secretary of Transpor- increase the use, improve the reliability, and communities, including in applications re- tation and the Secretary of Commerce, shall demonstrate the applicability of marine en- lating to— conduct a study to examine opportunities for ergy technologies by participating in dem- ‘‘(i) desalination; research and development in advanced ma- onstration projects; ‘‘(ii) disaster recovery and resilience; and rine energy technologies—

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.056 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1366 CONGRESSIONAL RECORD — SENATE March 3, 2020 (A) to support the maritime transportation pand geothermal assessments, including en- (A) in paragraph (1)— sector to enhance job creation, economic de- hanced geothermal systems assessments, to (i) in subparagraph (C), by striking ‘‘map- velopment, and competitiveness; include assessments for the Commonwealth ping’’ and inserting ‘‘and fracture mapping, (B) to support associated maritime energy of Puerto Rico and the States of Alaska and including real-time modeling’’; infrastructure, including infrastructure that Hawaii.’’; and (ii) in subparagraph (E), by striking ‘‘and’’ serves ports, to improve system resilience (4) in subsection (d) (as so redesignated), by at the end; and disaster recovery; and striking ‘‘necesary’’ and inserting ‘‘nec- (iii) by redesignating subparagraph (F) as (C) to enable scientific missions at sea and essary’’. subparagraph (K); and in extreme environments, including the Arc- (b) GENERAL GEOTHERMAL RESEARCH AND (iv) by inserting after subparagraph (E) the tic. DEVELOPMENT PROGRAMS.—Section 614 of the following: (2) REPORT.—Not later than 1 year after Energy Independence and Security Act of ‘‘(F) well placement and orientation; the date of enactment of this Act, the Sec- 2007 (42 U.S.C. 17193) is amended by adding at ‘‘(G) long-term reservoir management; retary shall submit to the Committee on En- the end the following: ‘‘(H) drilling technologies, methods, and ergy and Natural Resources of the Senate ‘‘(d) OIL AND GAS TECHNOLOGY TRANSFER tools; and the Committee on Science, Space, and INITIATIVE.— ‘‘(I) improved exploration tools; Technology of the House of Representatives ‘‘(1) IN GENERAL.—The Secretary shall sup- ‘‘(J) zonal isolation; and’’; and a report that describes the results of the port an initiative among the Office of Fossil (B) by striking paragraph (2) and inserting study conducted under paragraph (1). Energy, the Office of Energy Efficiency and the following: (g) CLERICAL AMENDMENTS.—The table of Renewable Energy, and the private sector to ‘‘(2) FRONTIER OBSERVATORIES FOR RE- contents in section 1(b) of the Energy Inde- modify, improve, and demonstrate the use in SEARCH IN GEOTHERMAL ENERGY.— pendence and Security Act of 2007 (Public geothermal energy development of relevant ‘‘(A) PROGRAM.—The Secretary shall sup- Law 110–140; 121 Stat. 1495) is amended— advanced technologies and operation tech- port 2 field research sites, which shall each (1) by striking the item relating to subtitle niques used in the oil and gas sector. be known as a ‘Frontier Observatory for Re- C of title VI and inserting the following: ‘‘(2) PRIORITIES.—In carrying out para- search in Geothermal Energy’ or ‘FORGE’ graph (1), the Secretary shall prioritize tech- ‘‘Subtitle C—Marine Renewable Energy site, to develop, test, and enhance techniques nologies with the greatest potential to sig- Technologies’’; and and tools for enhanced geothermal energy. nificantly increase the use and lower the ‘‘(B) SITE SELECTION.—Of the FORGE sites (2) by striking the items relating to sec- cost of geothermal energy in the United referred to in subparagraph (A)— tions 632, 633, and 634 and inserting the fol- States, including the cost and speed of small- ‘‘(i) 1 shall be the existing research site in lowing: and large-scale geothermal drilling. Milford, Utah; and ‘‘Sec. 632. Definition of marine energy. ‘‘(e) COPRODUCTION OF GEOTHERMAL ENERGY ‘‘(ii) 1 shall be— ‘‘Sec. 633. Marine energy research and devel- AND MINERALS PRODUCTION PRIZE COMPETI- ‘‘(I) selected by the Secretary through a opment. TION.— competitive selection process; and ‘‘Sec. 634. National Marine Energy Cen- ‘‘(1) IN GENERAL.—The Secretary shall ‘‘(II) located in a different geologic type ters.’’. carry out a prize competition under which than the existing research site described in SEC. 1203. ADVANCED GEOTHERMAL INNOVA- the Secretary shall award prizes to dem- clause (i). TION LEADERSHIP. onstrate the coproduction of critical min- ‘‘(C) SITE OPERATION.— (a) UPDATE TO GEOTHERMAL RESOURCE AS- erals (as defined by the Secretary of the In- ‘‘(i) INITIAL DURATION.—The FORGE site se- SESSMENT.—Section 2501 of the Energy Pol- terior on the date of enactment of the Amer- lected under subparagraph (B)(ii) shall oper- icy Act of 1992 (30 U.S.C. 1028) is amended— ican Energy Innovation Act of 2020) from ate for an initial term of not more than 7 (1) by redesignating subsections (a) and (b) geothermal resources. years after the date on which site prepara- as subsections (b) and (d), respectively; ‘‘(2) REQUIREMENTS.—A demonstration tion is complete. (2) by inserting before subsection (b) (as so awarded a prize under paragraph (1) shall— ‘‘(ii) PERFORMANCE METRICS.—The Sec- redesignated) the following: ‘‘(A) improve the cost-effectiveness of re- retary shall establish performance metrics ‘‘(a) DEFINITION OF ENHANCED GEOTHERMAL moving minerals from geothermal brines as for each FORGE site supported under this SYSTEMS.—In this section, the term ‘en- part of the coproduction process; paragraph, which may be used by the Sec- hanced geothermal systems’ has the meaning ‘‘(B) increase recovery rates of the tar- retary to determine whether a FORGE site given the term in section 612 of the Energy geted mineral commodity; should continue to receive funding. Independence and Security Act of 2007 (42 ‘‘(C) decrease water use and other environ- ‘‘(D) ADDITIONAL TERMS.— U.S.C. 17191).’’; mental impacts, as determined by the Sec- ‘‘(i) IN GENERAL.—At the end of an oper- (3) by inserting after subsection (b) (as so retary; and ational term described in clause (ii), a redesignated) the following: ‘‘(D) demonstrate a path to commercial vi- FORGE site may— ‘‘(c) UPDATE TO GEOTHERMAL RESOURCE AS- ability. ‘‘(I) be transferred to other public or pri- SESSMENT.—The Secretary of the Interior, ‘‘(3) MAXIMUM PRIZE AMOUNT.—The max- vate entities for further enhanced geo- acting through the United States Geological imum amount of a prize awarded under para- thermal testing; or Survey, and in consultation with the Sec- graph (1) shall be $10,000,000. ‘‘(II) subject to appropriations and a merit retary of Energy, shall update the 2008 ‘‘(f) DRILLING DATA REPOSITORY.— review by the Secretary, operate for an addi- United States geothermal resource assess- ‘‘(1) IN GENERAL.—The Secretary shall, in tional term of not more than 7 years. ment carried out by the United States Geo- coordination with the Secretary of the Inte- ‘‘(ii) OPERATIONAL TERM DESCRIBED.—An logical Survey, including— rior, establish and operate a voluntary, in- operational term referred to in clause (i)— ‘‘(1) with respect to areas previously iden- dustry-wide repository of geothermal drill- ‘‘(I) in the case of the FORGE site des- tified by the Department of Energy or the ing information to lower the cost of future ignated under subparagraph (B)(i), is the ex- United States Geological Survey as having geothermal drilling. isting operational term; and significant potential for hydrothermal en- ‘‘(2) REPOSITORY.— ‘‘(II) in the case of the FORGE site selected ergy or enhanced geothermal systems en- ‘‘(A) IN GENERAL.—In carrying out para- under subparagraph (B)(ii), is the initial ergy, by focusing on— graph (1), the Secretary shall collaborate term under subparagraph (C) or an addi- ‘‘(A) improving the resolution of resource with geothermally significant countries, tional term under clause (i)(II). potential at systematic temperatures and such as Iceland, Switzerland, Kenya, Aus- ‘‘(3) ENHANCED GEOTHERMAL SYSTEMS DEM- depths, including temperatures and depths tralia, the Philippines, and any other rel- ONSTRATIONS.— appropriate for power generation and direct evant country, as determined by the Sec- ‘‘(A) IN GENERAL.—Beginning on the date of use applications; retary. enactment of the American Energy Innova- ‘‘(B) quantifying the total potential to co- ‘‘(B) DATA SYSTEM.—The repository estab- tion Act of 2020, the Secretary, in collabora- produce geothermal energy and minerals; lished under paragraph (1) shall be inte- tion with industry partners and institutions ‘‘(C) incorporating data relevant to under- grated with the National Geothermal Data of higher education, shall support an initia- ground thermal energy storage and ex- System.’’. tive for demonstration of enhanced geo- change, such as aquifer and soil properties; (c) ENHANCED GEOTHERMAL RESEARCH AND thermal systems for power production or di- and DEVELOPMENT.— rect use. ‘‘(D) producing high resolution maps, in- (1) DEFINITION OF ENGINEERED.—Section ‘‘(B) PROJECTS.— cluding— 612(1) of the Energy Independence and Secu- ‘‘(i) IN GENERAL.—Under the initiative de- ‘‘(i) maps that indicate key subsurface pa- rity Act of 2007 (42 U.S.C. 17191(1)) is amend- scribed in subparagraph (A), not less than 4 rameters for electric and direct use re- ed in the matter preceding subparagraph (A) demonstration projects shall be carried out sources; and by striking ‘‘subjected to intervention, in- in locations that are potentially commer- ‘‘(ii) risk maps for induced seismicity cluding intervention’’ and inserting ‘‘de- cially viable for enhanced geothermal sys- based on geologic, geographic, and oper- signed to access subsurface heat, including tems development, as determined by the Sec- ational parameters; and nonstimulation technologies,’’. retary. ‘‘(2) to the maximum extent practicable, (2) PROGRAMS.—Section 615(b) of the En- ‘‘(ii) REQUIREMENTS.—Demonstration by coordinating with relevant State officials ergy Independence and Security Act of 2007 projects under clause (i) shall— and institutions of higher education to ex- (42 U.S.C. 17194(b)) is amended— ‘‘(I) collectively demonstrate—

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.056 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1367 ‘‘(aa) different geologic settings, such as an area described in section 301(a) of the (ii) in the matter preceding subparagraph hot sedimentary aquifers, layered geologic Public Works and Economic Development (A) (as so redesignated), by striking ‘‘For systems, supercritical systems, and base- Act of 1965 (42 U.S.C. 3161(a)). purposes’’ and inserting the following: ment rock systems; and ‘‘(3) GEOTHERMAL HEAT PUMP.—The term ‘‘(1) IN GENERAL.—For purposes’’; and ‘‘(bb) a variety of development techniques, ‘geothermal heat pump’ means a system that (iii) by adding at the end the following: including open hole and cased hole comple- provides heating and cooling by exchanging ‘‘(2) SEPARATE CALCULATION.— tions, differing well orientations, and stimu- heat from shallow ground or surface water ‘‘(A) IN GENERAL.—For purposes of deter- lation mechanisms; using— mining compliance with the requirement of ‘‘(II) to the extent practicable, use existing ‘‘(A) a closed loop system, which transfers this section, any energy consumption that is sites where subsurface characterization or heat by way of buried or immersed pipes that avoided through the use of geothermal en- geothermal energy integration analysis has contain a mix of water and working fluid; or ergy shall be considered to be renewable en- been conducted; and ‘‘(B) an open loop system, which circulates ergy produced. ‘‘(III) each be carried out in accordance ground or surface water directly into the ‘‘(B) EFFICIENCY ACCOUNTING.—Energy con- with section 988 of the Energy Policy Act of building and returns the water to the same sumption that is avoided through the use of 2005 (42 U.S.C. 16352). aquifer or surface water source. geothermal energy that is considered to be ‘‘(iii) EASTERN DEMONSTRATION.—Not less ‘‘(c) PROGRAM.— renewable energy under this section shall than 1 demonstration project under clause (i) ‘‘(1) IN GENERAL.—The Secretary shall sup- not be considered energy efficiency for the shall be located in an area east of the Mis- port within the Geothermal Technologies Of- purpose of compliance with Federal energy sissippi River that is suitable for enhanced fice a program of research, development, and efficiency goals, targets, and incentives.’’. geothermal demonstration for power, heat, demonstration for geothermal heat pumps (2) CONFORMING AMENDMENT.—Section or a combination of power and heat. and the direct use of geothermal energy. 2410q(a) of title 10, United States Code, is ‘‘(C) OPTIONAL PROGRAM STRUCTURE.— ‘‘(2) AREAS.—The program under paragraph amended by striking ‘‘section 203(b)(2) of the ‘‘(i) IN GENERAL.—The Secretary may, pur- (1) may include research, development, dem- Energy Policy Act of 2005 (42 U.S.C. suant to section 646(g) of the Department of onstration, and commercial application of— 15852(b)(2))’’ and inserting ‘‘section 203(b) of Energy Organization Act (42 U.S.C. 7256(g)), ‘‘(A) geothermal ground loop efficiency im- the Energy Policy Act of 2005 (42 U.S.C. structure the initiative described in subpara- provements, cost reductions, and improved 15852(b))’’. graph (A) as a public-private cost-shared installation and operations methods; (f) AUTHORIZATION OF APPROPRIATIONS.— demonstration initiative with specific design ‘‘(B) the use of geothermal energy for Section 623 of the Energy Independence and milestones required to be met by a partici- building-scale energy storage; Security Act of 2007 (42 U.S.C. 17202) is pant before costs are reimbursed by the Sec- ‘‘(C) the use of geothermal energy as a grid amended by striking ‘‘$90,000,000’’ in the first retary. management resource or seasonal energy sentence and all that follows through the pe- ‘‘(ii) REQUIREMENTS.—If the Secretary storage; riod at the end of the second sentence and in- elects to carry out clause (i) for a dem- ‘‘(D) geothermal heat pump efficiency im- serting the following: ‘‘$165,000,000 for each of onstration project, the Secretary shall— provements; fiscal years 2021 through 2025, of which— ‘‘(I) request proposals from eligible enti- ‘‘(E) the use of alternative fluids as a heat ‘‘(1) $5,000,000 each fiscal year shall be for ties, as determined by the Secretary, that in- exchange medium, such as hot water found the prize competition under section 614(e); clude— in mines and mine shafts, graywater, or and ‘‘(aa) a business plan; other fluids that may improve the economics ‘‘(2) $1,000,000 each fiscal year shall be for ‘‘(bb) technical details; and of geothermal heat pumps; the drilling data repository under section ‘‘(cc) proposed milestones and associated ‘‘(F) heating of districts, neighborhoods, 614(f).’’. (g) REAUTHORIZATION OF HIGH COST REGION payments; and communities, large commercial or public GEOTHERMAL ENERGY GRANT PROGRAM.—Sec- ‘‘(II) select projects— buildings, and industrial and manufacturing tion 625 of the Energy Independence and Se- ‘‘(aa) based on the demonstrated ability of facilities; curity Act of 2007 (42 U.S.C. 17204) is amend- the eligible entity to meet the milestones ‘‘(G) the use of water sources at a tempera- ture of less than 150 degrees Celsius for di- ed— and associated payments described in the (1) in subsection (a)(2), by inserting ‘‘or proposal of that eligible entity; and rect use; and ‘‘(H) system integration of direct use with heat’’ after ‘‘electrical power’’; and ‘‘(bb) that have the greatest potential com- (2) by striking subsection (e) and inserting mercial applicability. geothermal electricity production. ‘‘(3) ENVIRONMENTAL IMPACTS.—In carrying the following: ‘‘(iii) AUTHORITY.—Notwithstanding sec- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— tion 646(g)(10) of the Department of Energy out the program, the Secretary shall identify and mitigate potential environmental im- There is authorized to be appropriated to Organization Act (42 U.S.C. 7256(g)(10)), the carry out this section $5,000,000 for each of Secretary shall have the authority to carry pacts in accordance with section 614(c). ‘‘(d) FINANCIAL ASSISTANCE.— fiscal years 2021 through 2025.’’. out clause (i) until the completion of the ini- (h) NATIONAL GOALS FOR PRODUCTION ON ‘‘(1) IN GENERAL.—The Secretary shall tiative described in subparagraph (A).’’. FEDERAL LAND.— make financial assistance available to State, (d) GEOTHERMAL HEAT PUMPS AND DIRECT (1) IN GENERAL.—Not later than September local, and Tribal governments, institutions USE.— 1, 2022, the Secretary of the Interior shall, in of higher education, nonprofit entities, Na- (1) IN GENERAL.—Title VI of the Energy consultation with the Secretary, the Sec- tional Laboratories, utilities, and for-profit Independence and Security Act of 2007 is retary of Agriculture, and other heads of rel- companies to promote the development of amended by inserting after section 616 (42 evant Federal agencies, establish national geothermal heat pumps and the direct use of U.S.C. 17195) the following: goals for geothermal energy capacity on pub- geothermal energy. ‘‘SEC. 616A. GEOTHERMAL HEAT PUMPS AND DI- lic land. ‘‘(2) PRIORITY.—In providing financial as- RECT USE RESEARCH AND DEVEL- (2) GEOTHERMAL ENERGY DEVELOPMENT.— OPMENT. sistance under this subsection, the Secretary The Director of the Bureau of Land Manage- ‘‘(a) PURPOSES.—The purposes of this sec- shall give priority to proposals that apply to ment, in consultation with other appropriate tion are— large buildings, commercial districts, and Federal officials, shall take any actions that ‘‘(1) to improve the components, processes, residential communities that are located in the Director of the Bureau of Land Manage- and systems used for geothermal heat pumps economically distressed areas.’’. ment determines necessary to facilitate geo- and the direct use of geothermal energy; and (2) CLERICAL AMENDMENT.—The table of thermal energy development, consistent ‘‘(2) to increase the energy efficiency, contents in section 1(b) of the Energy Inde- with applicable laws. lower the cost, increase the use, and improve pendence and Security Act of 2007 (Public (i) FACILITATION OF COPRODUCTION OF GEO- and demonstrate the applicability of geo- Law 110–140; 121 Stat. 1495) is amended by in- THERMAL ENERGY ON OIL AND GAS LEASES.— thermal heat pumps to, and the direct use of serting after the item relating to section 616 Section 4(b) of the Geothermal Steam Act of geothermal energy in, large buildings, com- the following: 1970 (30 U.S.C. 1003(b)) is amended by adding mercial districts, residential communities, ‘‘Sec. 616A. Geothermal heat pumps and di- at the end the following: and large municipal, agricultural, or indus- rect use research and develop- ‘‘(4) LAND SUBJECT TO OIL AND GAS LEASE.— trial projects. ment.’’. Land under an oil and gas lease issued pursu- ‘‘(b) DEFINITIONS.—In this section: (e) MODIFYING THE DEFINITION OF RENEW- ant to the Mineral Leasing Act (30 U.S.C. 181 ‘‘(1) DIRECT USE OF GEOTHERMAL ENERGY.— ABLE ENERGY TO INCLUDE THERMAL EN- et seq.) or the Mineral Leasing Act for Ac- The term ‘direct use of geothermal energy’ ERGY.— quired Lands (30 U.S.C. 351 et seq.) that is means geothermal systems that use water (1) IN GENERAL.—Section 203 of the Energy subject to an approved application for per- directly or through a heat exchanger to pro- Policy Act of 2005 (42 U.S.C. 15852) is amend- mit to drill and from which oil and gas pro- vide— ed— duction is occurring may be available for ‘‘(A) heating to buildings; or (A) in subsection (b)(2), by striking ‘‘gen- noncompetitive leasing under this section to ‘‘(B) heat required for industrial processes, erated’’ and inserting ‘‘produced’’; and the holder of the oil and gas lease— agriculture, aquaculture, and other facili- (B) in subsection (c)— ‘‘(A) on a determination that— ties. (i) by redesignating paragraphs (1) through ‘‘(i) geothermal energy will be produced ‘‘(2) ECONOMICALLY DISTRESSED AREA.—The (3) as subparagraphs (A) through (C), respec- from a well producing or capable of pro- term ‘economically distressed area’ means tively, and indenting appropriately; ducing oil and gas; and

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.056 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1368 CONGRESSIONAL RECORD — SENATE March 3, 2020 ‘‘(ii) national energy security will be im- ‘‘(C) provide public notice of the deter- (i) not later than 90 days after the date on proved by the issuance of such a lease; and mination. which the employee is assigned, report to the ‘‘(B) to provide for the coproduction of geo- ‘‘(3) OPPORTUNITY TO REMEDY.—If the Sec- State Director of the Bureau of Land Man- thermal energy with oil and gas.’’. retary determines under paragraph (2)(A) agement for the State in which the office to (j) GEOTHERMAL RESOURCE CONFIRMATION that the project is not a geothermal resource which the employee is assigned is located; TEST PROJECTS.— confirmation test project, the Secretary (ii) be responsible for all issues relating to (1) IN GENERAL.—The Geothermal Steam shall— the jurisdiction of the home office or agency Act of 1970 (30 U.S.C. 1001 et seq.) is amended ‘‘(A) include in such notice clear and de- of the employee; and by adding at the end the following: tailed findings on any deficiencies in the (iii) participate as part of the team of per- ‘‘SEC. 30. GEOTHERMAL RESOURCE CONFIRMA- project that resulted in such determination; sonnel working on proposed energy projects, TION TEST PROJECTS. and planning, and environmental analyses. ‘‘(a) DEFINITIONS.—In this section: ‘‘(B) allow the leaseholder to remedy any (6) ADDITIONAL PERSONNEL.—The Secretary ‘‘(1) EXTRAORDINARY CIRCUMSTANCES.—The such deficiencies and resubmit the notice of shall assign to each Program office any addi- term ‘extraordinary circumstances’ has the intent under paragraph (1).’’. tional personnel that are necessary to ensure same meaning given the term in the Depart- (2) REPEAL.—The Geothermal Energy Re- the effective implementation of— ment of the Interior Departmental Manual, search, Development, and Demonstration (A) the Program; and 516 DM 2.3A(3) and 516 DM 2, Appendix 2 (or Act of 1974 (30 U.S.C. 1101 et seq.) is repealed. (B) any program administered by the Pro- successor provisions). (k) PROGRAM TO IMPROVE FEDERAL GEO- gram office, including inspection and en- ‘‘(2) GEOTHERMAL RESOURCE CONFIRMATION THERMAL PERMIT COORDINATION.— forcement relating to energy development on TEST PROJECT.—The term ‘geothermal re- (1) DEFINITIONS.—In this subsection: Federal land, in accordance with the mul- source confirmation test project’ means a (A) PROGRAM.—The term ‘‘Program’’ tiple use mandate of the Federal Land Policy project of drilling not more than 3 wells into means the Geothermal Energy Permitting and Management Act of 1976 (43 U.S.C. 1701 et a reservoir to test or explore for geothermal Coordination Program established under seq.). resources— paragraph (2). (7) TRANSFER OF FUNDS.—To facilitate the ‘‘(A) on land for which the Secretary has (B) SECRETARY.—The term ‘‘Secretary’’ coordination and processing of geothermal issued a lease under this Act; and means the Secretary of the Interior. permits on Federal land under the adminis- ‘‘(B) that— (2) ESTABLISHMENT OF PROGRAM.—Not later tration of a Program office, the Secretary ‘‘(i) is carried out by the holder of the than 90 days after the date of enactment of may authorize the expenditure or transfer of lease; this Act, the Secretary shall establish a pro- any funds that are necessary to— ‘‘(ii) allows for well testing, such as to con- gram, to be known as the ‘‘Geothermal En- (A) the United States Fish and Wildlife firm temperature, pressure, chemistry, flow ergy Permitting Coordination Program’’, to Service; rate, and near-wellbore and overall reservoir improve Federal permit coordination and re- (B) the Bureau of Indian Affairs; permeability; duce regulatory timelines with respect to (C) the Forest Service; ‘‘(iii) causes— geothermal energy projects on Federal land (D) the Environmental Protection Agency; ‘‘(I) less than 2.5 acres of soil or vegetation by increasing the expertise of officials ad- (E) the Corps of Engineers; disruption at the location of each geo- ministering and approving permits. (F) the Department of Defense; or thermal exploration well; and (3) ESTABLISHMENT OF PROGRAM OFFICES.— (G) any State in which a geothermal ‘‘(II) not more than an additional 5 acres of To carry out the Program, the Secretary project is located. soil or vegetation disruption during access to shall establish 1 or more Program offices at (8) REPORTS.—Not later than 3 years after or egress from the test site; State or district offices of the Department of the date of enactment of this Act, the Sec- ‘‘(iv) is less than 9 inches in bottom-hole the Interior. retary shall submit to Congress a report that diameter; (4) MEMORANDUM OF UNDERSTANDING.— describes— ‘‘(v) is developed— (A) IN GENERAL.—Not later than 90 days (A) the progress of the Program; and ‘‘(I) in a manner that does not require off- after the date of enactment of this Act, the (B) any problems relating to leasing, per- road motorized access other than to and Secretary shall enter into a memorandum of mitting, or siting with respect to geothermal from the well site along an identified off- understanding for purposes of this subsection energy development on Federal land. road route; and with— (9) SAVINGS CLAUSE.—Nothing in this sub- ‘‘(II) without the use of high-pressure well (i) the Secretary of Agriculture; section affects— stimulation; (ii) the Administrator of the Environ- (A) the operation of any Federal or State mental Protection Agency; and ‘‘(vi) includes the removal of any surface law; or (iii) the Secretary of Defense. infrastructure other than the wellhead from (B) any delegation of authority made by (B) STATE PARTICIPATION.—The Secretary the site not later than 90 days after the the head of a Federal agency any employee may request that the Governor of any State project is completed; and of which is participating in the Program. be a signatory to the memorandum of under- ‘‘(vii) requires, not later than 42 months SEC. 1204. WIND ENERGY RESEARCH AND DEVEL- standing under subparagraph (A). after the date on which the first exploration OPMENT. (5) DESIGNATION OF QUALIFIED STAFF.— (a) DEFINITIONS.—In this section: drilling began, the restoration of the project (A) IN GENERAL.—Not later than 30 days (1) ECONOMICALLY DISTRESSED AREA.—The site to approximately the condition that ex- after the date on which the memorandum of term ‘‘economically distressed area’’ means isted at the time the project begins, unless understanding under paragraph (4) is exe- an area described in section 301(a) of the the site is subsequently used as part of an cuted, all Federal signatories, as appro- Public Works and Economic Development energy development under the lease. priate, shall assign to each Program office Act of 1965 (42 U.S.C. 3161(a)). ‘‘(b) CATEGORICAL EXCLUSION.—Unless ex- traordinary circumstances exist, a project established under paragraph (3) 1 or more (2) ELIGIBLE ENTITY.—The term ‘‘eligible that the Secretary determines under sub- employees who have expertise in the regu- entity’’ means— section (c) is a geothermal resource con- latory issues relating to the office or agency (A) an institution of higher education; firmation test project shall be categorically in which the employee is employed, includ- (B) a National Laboratory; excluded from the requirements for an envi- ing, as applicable, particular expertise in— (C) a Federal research agency; ronmental assessment or an environmental (i) consultation regarding, and preparation (D) a State research agency; impact statement under the National Envi- of, biological opinions under section 7 of the (E) a research agency associated with a ronmental Policy Act of 1969 (42 U.S.C. 4321 Endangered Species Act of 1973 (16 U.S.C. territory or freely associated state; et seq.) or section 1508.4 of title 40, Code of 1536); (F) a tribal energy development organiza- Federal Regulations (or a successor regula- (ii) permits under section 404 of the Fed- tion; tion). eral Water Pollution Control Act (33 U.S.C. (G) an Indian tribe; ‘‘(c) PROCESS.— 1344); (H) a tribal organization; ‘‘(1) REQUIREMENT TO PROVIDE NOTICE.—A (iii) regulatory matters under the Clean (I) a Native Hawaiian community-based or- leaseholder shall provide notice to the Sec- Air Act (42 U.S.C. 7401 et seq.); ganization; retary of the intent of the leaseholder to (iv) the Federal Land Policy and Manage- (J) a nonprofit research organization; carry out a geothermal resource confirma- ment Act of 1976 (43 U.S.C. 1701 et seq.); (K) an industrial entity; tion test project at least 30 days before the (v) planning under section 14 of the Na- (L) any other entity, as determined by the start of drilling under the project. tional Forest Management Act of 1976 (16 Secretary; and ‘‘(2) REVIEW AND DETERMINATION.—Not U.S.C. 472a); (M) a consortium of 2 or more entities de- later than 30 days after receipt of a notice of (vi) developing geothermal resources under scribed in subparagraphs (A) through (L). intent under paragraph (1), the Secretary the Geothermal Steam Act of 1970 (30 U.S.C. (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ shall, with respect to the project described in 1001 et seq.); and has the meaning given the term in section 4 the notice of intent— (vii) the preparation of analyses under the of the Indian Self-Determination and Edu- ‘‘(A) determine if the project is a geo- National Environmental Policy Act of 1969 cation Assistance Act (25 U.S.C. 5304). thermal resource confirmation test project; (42 U.S.C. 4321 et seq.). (4) INSTITUTION OF HIGHER EDUCATION.—The ‘‘(B) notify the leaseholder of such deter- (B) DUTIES.—Each employee assigned term ‘‘institution of higher education’’ has mination; and under subparagraph (A) shall— the meaning given the term in section 101 of

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.056 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1369 the Higher Education Act of 1965 (20 U.S.C. mid-term (up to 7 years), and long-term (up (VI) wildlife and wildlife habitats; and 1001). to 15 years) challenges to the advancement (VII) any other appropriate matter, as de- (5) NATIVE HAWAIIAN COMMUNITY-BASED OR- of wind energy technologies, including on- termined by the Secretary. GANIZATION.—The term ‘‘Native Hawaiian shore, offshore, distributed, and off-grid (x) Advanced physics-based and data anal- community-based organization’’ has the technologies. ysis computational tools, in coordination meaning given the term in section 6207 of the (2) ACTIVITIES.— with the high-performance computing pro- Elementary and Secondary Education Act of (A) TYPES OF ACTIVITIES.—In carrying out grams of the Department. 1965 (20 U.S.C. 7517). the program, the Secretary shall carry out (xi) Technologies for distributed wind, in- (6) PROGRAM.—The term ‘‘program’’ means research, development, demonstration, and cluding micro, small, and medium turbines the program established under subsection commercialization activities, including— and the components of those turbines. (b)(1). (i) awarding grants and awards, on a com- (xii) Transformational technologies for (7) TERRITORY OR FREELY ASSOCIATED petitive, merit-reviewed basis; harnessing wind energy. STATE.—The term ‘‘territory or freely associ- (ii) performing precompetitive research (xiii) Other research areas that advance ated state’’ has the meaning given the term and development; the purposes of the program, as determined ‘‘insular area’’ in section 1404 of the Food (iii) establishing or maintaining dem- by the Secretary. and Agriculture Act of 1977 (7 U.S.C. 3103). onstration facilities and projects, including (C) PRIORITIZATION.—In carrying out ac- (8) TRIBAL ENERGY DEVELOPMENT ORGANIZA- through stewardship of existing facilities tivities under the program, the Secretary TION.—The term ‘‘tribal energy development such as the National Wind Test Center; shall give priority to projects that— organization’’ has the meaning given the (iv) providing technical assistance; (i) are located in geographically diverse re- term in section 2601 of the Energy Policy Act (v) entering into contracts and cooperative gions of the United States; of 1992 (25 U.S.C. 3501). agreements; (ii) support the development or demonstra- (9) TRIBAL ORGANIZATION.—The term ‘‘trib- (vi) providing small business vouchers; tion of projects— al organization’’ has the meaning given the (vii) conducting education and outreach (I) in collaboration with tribal energy de- term in section 4 of the Indian Self-Deter- activities; velopment organizations, Indian tribes, trib- mination and Education Assistance Act (25 (viii) conducting workforce development al organizations, Native Hawaiian commu- U.S.C. 5304). activities; and nity-based organizations, or territories or (b) WIND ENERGY TECHNOLOGY PROGRAM.— (ix) conducting analyses, studies, and re- freely associated states; or (1) ESTABLISHMENT.— ports. (II) in economically distressed areas; (A) IN GENERAL.—The Secretary shall es- (B) SUBJECT AREAS.—The Secretary shall (iii) can be replicated in a variety of re- tablish a program to conduct research, devel- carry out research, development, testing, gions and climates; and opment, testing, evaluation, demonstration, evaluation, demonstration, and commer- (iv) include business commercialization and commercialization of wind energy tech- cialization activities in the following subject plans that have the potential for— nologies in accordance with this subsection. areas: (I) domestic manufacturing and production (B) PURPOSES.—The purposes of the pro- (i) Wind power plant performance, oper- of wind energy technologies; or gram are the following: ations, and security. (II) exports of wind energy technologies. (i) To improve the energy efficiency, cost (ii) New materials and designs relating to (D) COORDINATION.—To the maximum ex- effectiveness, reliability, resilience, secu- all hardware, software, and components of tent practicable, the Secretary shall coordi- rity, integration, manufacturability, and wind energy technologies, including alter- nate activities under the program with other recyclability of wind energy technologies. natives to minerals and other commodities relevant programs and capabilities of the De- (ii) To optimize the performance and oper- from foreign sources that are determined to partment and other Federal research pro- ation of wind energy components, turbines, be vulnerable to disruption. grams. and systems, including through the develop- (iii) Advanced wind energy manufacturing (3) WIND TECHNICIAN TRAINING GRANT PRO- ment of new materials, hardware, and soft- technologies and practices, including mate- GRAM.—The Secretary may award grants, on ware. rials, processes, and design. a competitive basis, to eligible entities to (iii) To optimize the design and adapt- (iv) Offshore wind-specific projects and purchase large pieces of wind component ability of wind energy technologies to the plants, including— equipment, such as nacelles, towers, and broadest practical range of geographic, at- (I) the deep water floating systems, mate- blades, for use in training wind technician mospheric, offshore, and other site condi- rials, components, and operation of offshore students in onshore or offshore wind applica- tions, including— facilities; and tions. (I) at varying hub heights; and (II) the monitoring and analysis of site and (4) WAGES.—Notwithstanding any other (II) through the use of computer modeling. environmental considerations unique to off- provision of law, all laborers and mechanics (iv) To support the integration of wind en- shore sites. employed by contractors or subcontractors ergy technologies with— (v) Integration of wind energy technologies on projects funded by grants under this sub- (I) the electric grid, including trans- with— section shall be paid wages at rates not less mission, distribution, microgrids, and dis- (I) the electric grid, including trans- than those prevailing on projects of a similar tributed energy systems; and mission, distribution, microgrids, and dis- character in the locality, as determined by (II) other energy technologies and systems, tributed energy systems; and the Secretary of Labor, in accordance with such as— (II) other energy technologies, including— subchapter IV of chapter 31 of title 40, (aa) other generation sources; (aa) other generation sources; United States Code. (bb) demand response technologies; (bb) demand response technologies; and (5) WIND ENERGY PROGRAM STRATEGIC VI- (cc) energy storage technologies; and (cc) energy storage technologies. SION.— (dd) hybrid systems. (vi) Methods to improve the lifetime, (A) IN GENERAL.—Not later than September (v) To reduce the cost and risk across the maintenance, recycling, and reuse of wind 1, 2022, and every 6 years thereafter, the Sec- lifespan of wind energy technologies, includ- energy components and systems. retary shall submit to Congress a report on ing— (vii) Wind power forecasting and atmos- the strategic vision, progress, goals, and tar- (I) manufacturing, permitting, construc- pheric measurement systems, including for gets of the program, including assessments tion, operations, maintenance, and recy- turbines and plant systems of varying of wind energy markets and manufacturing. cling; and height. (B) PREPARATION.—The Secretary shall co- (II) through the development of solutions (viii) Hybrid wind energy systems, grid- ordinate the preparation of the report under to transportation barriers to wind compo- connected and off-grid, that incorporate di- subparagraph (A) with— nents. verse— (i) existing peer review processes; (vi) To reduce and mitigate any potential (I) generation sources; (ii) studies conducted by the National Lab- negative impacts of wind energy tech- (II) loads; and oratories; and nologies on— (III) storage technologies. (iii) the multiyear program planning re- (I) human communities; (ix) Reducing, including through education quired under section 994 of the Energy Policy (II) military operations; and outreach activities, market barriers to Act of 2005 (42 U.S.C. 16358). (III) aviation; the adoption of wind energy technologies, (6) AUTHORIZATION OF APPROPRIATIONS.— (IV) radar; and such as impacts on, or challenges relating There is authorized to be appropriated to the (V) wildlife and wildlife habitats. to— Secretary to carry out the program (vii) To address barriers to the commer- (I) distributed wind technologies, including $120,000,000 for each of fiscal years 2021 cialization and export of wind energy tech- the development of best practices, models, through 2025. nologies. and voluntary streamlined processes for (c) CONFORMING AMENDMENTS.— (viii) To support the domestic wind indus- local permitting of distributed wind energy (1) Section 4 of the Renewable Energy and try, workforce, and supply chain. systems to reduce costs; Energy Efficiency Technology Competitive- (C) TARGETS.—Not later than 180 days after (II) airspace; ness Act of 1989 (42 U.S.C. 12003) is amended— the date of enactment of this Act, the Sec- (III) military uses; (A) in the section heading by striking retary shall establish targets for the pro- (IV) radar; ‘‘WIND,’’; gram relating to near-term (up to 2 years), (V) local communities; (B) in subsection (a)—

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.056 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1370 CONGRESSIONAL RECORD — SENATE March 3, 2020 (i) in the matter preceding paragraph (1), ated state’’ has the meaning given the term (II) advanced photovoltaic and thin-film by striking ‘‘wind,’’; ‘‘insular area’’ in section 1404 of the Food devices; (ii) by striking paragraph (1); and and Agriculture Act of 1977 (7 U.S.C. 3103). (III) concentrated solar power; (iii) by redesignating paragraphs (2) (10) TRIBAL ENERGY DEVELOPMENT ORGANI- (IV) solar heating and cooling; and through (5) as paragraphs (1) through (4), re- ZATION.—The term ‘‘tribal energy develop- (V) enabling technologies for solar energy spectively; and ment organization’’ has the meaning given systems, including hardware and software. (C) in subsection (c), in the matter pre- the term in section 2601 of the Energy Policy (ii) Solar energy technology performance, ceding paragraph (1), by striking ‘‘the Wind Act of 1992 (25 U.S.C. 3501). operations, and security. Energy Research Program,’’. (11) TRIBAL ORGANIZATION.—The term ‘‘trib- (iii) Integration of solar energy tech- (2) Section 931(a)(2) of the Energy Policy al organization’’ has the meaning given the nologies with— Act of 2005 (42 U.S.C. 16231(a)(2)) is amend- term in section 4 of the Indian Self-Deter- (I) the electric grid, including trans- ed— mination and Education Assistance Act (25 mission, distribution, microgrids, and dis- (A) by striking subparagraph (B); and U.S.C. 5304). tributed energy systems; (B) by redesignating subparagraphs (C) (b) SOLAR ENERGY TECHNOLOGY PROGRAM.— (II) other energy technologies, including— through (E) as subparagraphs (B) through (1) ESTABLISHMENT.— (aa) other generation sources; (D), respectively. (A) IN GENERAL.—The Secretary shall es- (bb) demand response technologies; and (3) Section 636 of the Energy Independence tablish a program to conduct research, devel- (cc) energy storage technologies; and and Security Act of 2007 (42 U.S.C. 17215) is opment, testing, evaluation, demonstration, (III) other nonelectric applications, such as amended by striking ‘‘section 931(a)(2)(E)(i)’’ and commercialization of solar energy tech- in the agriculture, transportation, indus- and all that follows through the period at nologies in accordance with this subsection. trial, and fuels sectors. the end and inserting ‘‘subparagraph (D)(i) of (B) PURPOSES.—The purposes of the pro- (iv) Advanced solar energy manufacturing section 931(a)(2) of the Energy Policy Act of gram are the following: technologies and practices, including mate- 2005 (42 U.S.C. 16231(a)(2)).’’. (i) To improve the energy efficiency, cost rials, processes, and design. SEC. 1205. SOLAR ENERGY RESEARCH AND DE- effectiveness, reliability, resilience, secu- (v) Methods to improve the lifetime, main- VELOPMENT. rity, integration, manufacturability, and tenance, recycling, and reuse of solar energy (a) DEFINITIONS.—In this section: recyclability of solar energy technologies. components and systems. (1) ECONOMICALLY DISTRESSED AREA.—The term ‘‘economically distressed area’’ means (ii) To optimize the performance and oper- (vi) Solar energy forecasting, modeling, an area described in section 301(a) of the ation of solar energy components, cells, and and atmospheric measurement systems, in- Public Works and Economic Development systems, and enabling technologies, includ- cluding for small-scale, large-scale, and ag- Act of 1965 (42 U.S.C. 3161(a)). ing through the development of new mate- gregated systems. (2) ELIGIBLE ENTITY.—The term ‘‘eligible rials, hardware, and software. (vii) Hybrid solar energy systems that in- entity’’ means— (iii) To optimize the design and adapt- corporate diverse— (A) an institution of higher education; ability of solar energy systems to the broad- (I) generation sources; (B) a National Laboratory; est practical range of geographic and atmos- (II) loads; and (C) a Federal research agency; pheric conditions. (III) storage technologies. (D) a State research agency; (iv) To support the integration of solar en- (viii) Reducing market barriers to the (E) a research agency associated with a ergy technologies with the electric grid and adoption of solar energy technologies, in- territory or freely associated state; complementary energy technologies. cluding impacts on, or challenges relating (F) a tribal energy development organiza- (v) To create and improve the conversion to— tion; of solar energy to other useful forms of en- (I) distributed solar technologies, includ- (G) an Indian tribe; ergy or other products. ing the development of best practices, mod- (H) a tribal organization; (vi) To reduce and mitigate any potential els, and voluntary streamlined processes for (I) a Native Hawaiian community-based or- negative impacts of solar energy tech- local permitting of distributed solar energy ganization; nologies on humans, wildlife, and wildlife systems to reduce costs; (J) a nonprofit research organization; habitats. (II) local communities; (K) an industrial entity; (vii) To address barriers to the commer- (III) wildlife and wildlife habitats; and (L) any other entity, as determined by the cialization and export of solar energy tech- (IV) any other appropriate matter, as de- Secretary; and nologies. termined by the Secretary. (M) a consortium of 2 or more entities de- (viii) To support the domestic solar indus- (ix) Transformational technologies for har- scribed in subparagraphs (A) through (L). try, workforce, and supply chain. nessing solar energy. (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (C) TARGETS.—Not later than 180 days after (x) Other research areas that advance the has the meaning given the term in section 4 the date of enactment of this Act, the Sec- purposes of the program, as determined by of the Indian Self-Determination and Edu- retary shall establish targets for the pro- the Secretary. cation Assistance Act (25 U.S.C. 5304). gram to address near-term (up to 2 years), (C) PRIORITIZATION.—In carrying out ac- (4) INSTITUTION OF HIGHER EDUCATION.—The mid-term (up to 7 years), and long-term (up tivities under the program, the Secretary term ‘‘institution of higher education’’ has to 15 years) challenges to the advancement shall give priority to projects that— the meaning given the term in section 101 of of solar energy systems. (i) are located in a geographically diverse the Higher Education Act of 1965 (20 U.S.C. (2) ACTIVITIES.— range of eligible entities; 1001). (A) TYPES OF ACTIVITIES.—In carrying out (ii) support the development or demonstra- (5) NATIVE HAWAIIAN COMMUNITY-BASED OR- the program, the Secretary shall carry out tion of projects— GANIZATION.—The term ‘‘Native Hawaiian research, development, demonstration, and (I) in collaboration with tribal energy de- community-based organization’’ has the commercialization activities, including— velopment organizations, Indian tribes, trib- meaning given the term in section 6207 of the (i) awarding grants and awards, on a com- al organizations, Native Hawaiian commu- Elementary and Secondary Education Act of petitive, merit-reviewed basis; nity-based organizations, or territories or 1965 (20 U.S.C. 7517). (ii) performing precompetitive research freely associated states; or (6) PHOTOVOLTAIC DEVICE.—The term ‘‘pho- and development; (II) in economically distressed areas; tovoltaic device’’ means— (iii) establishing or maintaining dem- (iii) can be replicated in a variety of re- (A) a device that converts light directly onstration facilities and projects, including gions and climates; and into electricity through a solid-state, semi- through stewardship of existing facilities; (iv) include business commercialization conductor process; (iv) providing technical assistance; plans that have the potential for— (B) the photovoltaic cells of a device de- (v) entering into contracts and cooperative (I) domestic manufacturing and production scribed in subparagraph (A); and agreements; of solar energy technologies; or (C) the electronic and electrical compo- (vi) providing small business vouchers; (II) exports of solar energy technologies. nents of a device described in subparagraph (vii) establishing prize competitions; (D) COORDINATION.—To the maximum ex- (A). (viii) conducting education and outreach tent practicable, the Secretary shall coordi- (7) PROGRAM.—The term ‘‘program’’ means activities; and nate activities under the program with other the program established under subsection (ix) conducting analyses, studies, and re- relevant programs and capabilities of the De- (b)(1)(A). ports. partment and other Federal research pro- (8) SOLAR ENERGY.—The term ‘‘solar en- (B) SUBJECT AREAS.—The Secretary shall grams. ergy’’ means— carry out research, development, testing, (E) USE OF FUNDS.—To the extent that (A) thermal or electric energy derived from evaluation, demonstration, and commer- funding is not otherwise available through radiation from the Sun; or cialization activities in the following subject other Federal programs or power purchase (B) energy resulting from a chemical reac- areas: agreements, funding awarded under this tion caused by radiation recently originated (i) Advanced solar energy technologies, in- paragraph may be used for additional non- in the Sun. cluding— technology costs, as determined to be appro- (9) TERRITORY OR FREELY ASSOCIATED (I) new materials, components, designs, priate by the Secretary, such as engineering STATE.—The term ‘‘territory or freely associ- and systems, including perovskites; or feasibility studies.

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(3) ADVANCED SOLAR ENERGY MANUFAC- (B) COORDINATION.—In establishing the (C) by redesignating subsections (e) TURING INITIATIVE.— database described in subparagraph (A), the through (g) as subsections (d) through (f), re- (A) GRANTS.—In addition to the program Secretary shall coordinate with— spectively. activities described in paragraph (2), in car- (i) the Director of the National Institute of (6)(A) Sections 606 and 607 of the Energy rying out the program, the Secretary shall Standards and Technology; Independence and Security Act of 2007 (42 award multiyear grants to eligible entities (ii) the Administrator of the Environ- U.S.C. 17174, 17175) are repealed. for research, development, and demonstra- mental Protection Agency; (B) The table of contents in section 1(b) of tion projects to advance new solar energy (iii) the Secretary of the Interior; and the Energy Independence and Security Act of manufacturing technologies and techniques. (iv) relevant industry stakeholders, as de- 2007 (Public Law 110–140; 121 Stat. 1495) is (B) PRIORITY.—In awarding grants under termined by the Secretary. amended by striking the items relating to subparagraph (A), to the extent practicable, (6) SOLAR ENERGY TECHNOLOGY PROGRAM sections 606 and 607. the Secretary shall give priority to solar en- STRATEGIC VISION.— (d) SAVINGS PROVISION.—The repeal of the ergy manufacturing projects that— (A) IN GENERAL.—Not later than September Solar Energy Research, Development, and (i) increase efficiency and cost effective- 1, 2022, and every 6 years thereafter, the Sec- Demonstration Act of 1974 (42 U.S.C. 5551 et ness in— retary shall submit to Congress a report on seq.) under subsection (c)(1) shall not affect (I) the manufacturing process; and the strategic vision, progress, goals, and tar- the authority of the Secretary to conduct re- (II) the use of resources. gets of the program, including assessments search and development on solar energy. (ii) support domestic supply chains for ma- of solar energy markets and manufacturing. Subtitle C—Energy Storage terials and components; (B) PREPARATION.—The Secretary shall co- SEC. 1301. BETTER ENERGY STORAGE TECH- (iii) identify and incorporate nonhazardous ordinate the preparation of the report under NOLOGY. alternative materials for components and de- subparagraph (A) with— (a) DEFINITIONS.—In this section: vices; (i) existing peer review processes; (1) ENERGY STORAGE SYSTEM.—The term (iv) operate in partnership with tribal en- (ii) studies conducted by the National Lab- ‘‘energy storage system’’ means any system, ergy development organizations, Indian oratories; and equipment, facility, or technology that— tribes, tribal organizations, Native Hawaiian (iii) the multiyear program planning re- (A) is capable of absorbing or converting community-based organizations, or terri- quired under section 994 of the Energy Policy energy, storing the energy for a period of tories or freely associated states; or Act of 2005 (42 U.S.C. 16358). time, and dispatching the energy; and (v) are located in economically distressed (7) AUTHORIZATION OF APPROPRIATIONS.— (B)(i) uses mechanical, electrochemical, areas. There is authorized to be appropriated to the thermal, electrolysis, or other processes to (C) EVALUATION.—Not later than 3 years Secretary to carry out the program convert and store electric energy that was after the date of enactment of this Act, and $270,000,000 for each of fiscal years 2021 generated at an earlier time for use at a every 4 years thereafter, the Secretary shall through 2025. later time; or conduct, and make available to the public (c) CONFORMING AMENDMENTS.— (ii) stores energy in an electric, thermal, and the relevant committees of Congress, an (1) The Solar Energy Research, Develop- or gaseous state for direct use for heating or independent review of the progress of the ment, and Demonstration Act of 1974 (42 cooling at a later time in a manner that grants awarded under subparagraph (A). U.S.C. 5551 et seq.) is repealed. avoids the need to use electricity or other (4) SOLAR ENERGY TECHNOLOGY RECYCLING (2) Section 6(b)(3) of the Federal Non- fuel sources at that later time, such as a RESEARCH, DEVELOPMENT, AND DEMONSTRA- nuclear Energy Research and Development grid-enabled water heater. TION PROGRAM.— Act of 1974 (42 U.S.C. 5905(b)(3)) is amended— (2) PROGRAM.—The term ‘‘program’’ means (A) IN GENERAL.—In addition to the pro- (A) by striking subparagraph (L); and the Energy Storage System Research, Devel- gram activities described in paragraph (2), in (B) by redesignating subparagraphs (M) opment, and Deployment Program estab- carrying out the program, the Secretary through (S) as subparagraphs (L) through lished under subsection (b)(1). shall award multiyear grants to eligible enti- (R), respectively. (b) ENERGY STORAGE SYSTEM RESEARCH, ties for research, development, and dem- (3) The Solar Photovoltaic Energy Re- DEVELOPMENT, AND DEPLOYMENT PROGRAM.— onstration projects to create innovative and search, Development, and Demonstration (1) ESTABLISHMENT.—Not later than 180 practical approaches to increase the reuse Act of 1978 (42 U.S.C. 5581 et seq.) is repealed. days after the date of enactment of this Act, and recycling of solar energy technologies, (4) Section 4 of the Renewable Energy and the Secretary shall establish a program, to including— Energy Efficiency Technology Competitive- be known as the ‘‘Energy Storage System (i) by increasing the efficiency and cost ef- ness Act of 1989 (42 U.S.C. 12003) is amended— Research, Development, and Deployment fectiveness of the recovery of raw materials (A) in the section heading, by striking Program’’. from solar energy technology components ‘‘PHOTOVOLTAICS, AND SOLAR THERMAL’’ and in- (2) INITIAL PROGRAM OBJECTIVES.—The pro- and systems, including enabling technologies serting ‘‘ALCOHOL FROM BIOMASS AND OTHER gram shall focus on research, development, such as inverters; TECHNOLOGY’’; and deployment of— (ii) by minimizing environmental impacts (B) in subsection (a)— (A) energy storage systems designed to fur- from the recovery and disposal processes; (i) in the matter preceding paragraph (1) ther the development of technologies— (iii) by addressing any barriers to the re- (as redesignated by section 1204(c)(1)(B)(iii)), (i) for large-scale commercial deployment; search, development, demonstration, and by striking ‘‘photovoltaics, and solar ther- (ii) for deployment at cost targets estab- commercialization of technologies and proc- mal energy’’ and inserting ‘‘alcohol from bio- lished by the Secretary; esses for the disassembly and recycling of mass and other energy technology’’; (iii) for hourly and subhourly durations re- solar energy devices; (ii) by striking paragraphs (1) and (2) (as quired to provide reliability services to the (iv) by developing alternative materials, redesignated by section 1204(c)(1)(B)(iii)); and grid; designs, manufacturing processes, and other (iii) by redesignating paragraphs (3) and (4) (iv) for daily durations, which have— aspects of solar energy technologies and the (as redesignated by section 1204(c)(1)(B)(iii)) (I) the capacity to discharge energy for a disassembly and resource recovery process as paragraphs (1) and (2), respectively; and minimum of 6 hours; and that enable efficient, cost effective, and en- (C) in subsection (c)— (II) a system lifetime of at least 20 years vironmentally responsible disassembly of, (i) in the matter preceding paragraph (1), under regular operation; and resource recovery from, solar energy by striking ‘‘the Photovoltaic Energy Sys- (v) for weekly or monthly durations, which technologies; and tems Program, the Solar Thermal Energy have— (v) strategies to increase consumer accept- Systems Program,’’; (I) the capacity to discharge energy for 10 ance of, and participation in, the recycling of (ii) in paragraph (1)— to 100 hours, at a minimum; and photovoltaic devices. (I) by striking subparagraph (A); and (II) a system lifetime of at least 20 years (B) DISSEMINATION OF RESULTS.—The Sec- (II) by redesignating subparagraphs (B) and under regular operation; and retary shall make available to the public and (C) as subparagraphs (A) and (B), respec- (vi) for seasonal durations, which have— the relevant committees of Congress the re- tively; and (I) the capability to address seasonal vari- sults of the projects carried out through (iii) in paragraph (2)— ations in supply and demand; and grants awarded under subparagraph (A), in- (I) by striking subparagraph (A); and (II) a system lifetime of at least 20 years cluding any educational and outreach mate- (II) by redesignating subparagraphs (B) and under regular operation; rials. (C) as subparagraphs (A) and (B), respec- (B) distributed energy storage technologies (5) SOLAR ENERGY TECHNOLOGY MATERIALS tively. and applications, including building-grid in- PHYSICAL PROPERTY DATABASE.— (5) Section 931 of the Energy Policy Act of tegration; (A) IN GENERAL.—Not later than September 2005 (42 U.S.C. 16231) is amended— (C) transportation energy storage tech- 1, 2022, the Secretary shall establish a com- (A) in subsection (a)(2)— nologies and applications, including vehicle- prehensive physical property database of ma- (i) by striking subparagraph (A); and grid integration; terials for use in solar energy technologies, (ii) by redesignating subparagraphs (B) (D) cost-effective systems and methods which shall identify the type, quantity, through (D) (as redesignated by section for— country of origin, source, significant uses, 1204(c)(2)(B)) as subparagraphs (A) through (i) the reclamation, recycling, and disposal and physical properties of materials used in (C), respectively; of energy storage materials, including lith- solar energy technologies. (B) by striking subsection (d); and ium, cobalt, nickel, and graphite; and

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.056 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1372 CONGRESSIONAL RECORD — SENATE March 3, 2020 (ii) the reuse and repurposing of energy (iv) include expected timelines for— (iii) a tribal organization (as defined in storage system technologies; (I) the accomplishment of relevant objec- section 3765 of title 38, United States Code); (E) advanced control methods for energy tives under current programs of the Depart- (iv) an institution of higher education (as storage systems; ment relating to energy storage systems; defined in section 101 of the Higher Edu- (F) pumped hydroelectric energy storage and cation Act of 1965 (20 U.S.C. 1001)); systems to advance— (II) the commencement of any new initia- (v) an electric utility, including— (i) adoption of innovative technologies, in- tives within the Department relating to en- (I) an electric cooperative; cluding— ergy storage systems to accomplish those ob- (II) a political subdivision of a State, such (I) adjustable-speed, ternary, and other jectives; and as a municipally owned electric utility, or new pumping and generating equipment de- (v) incorporate relevant activities de- any agency, authority, corporation, or in- signs; scribed in the Grid Modernization Initiative strumentality of a State political subdivi- (II) modular systems; Multi-Year Program Plan. sion; and (III) closed-loop systems, including mines (C) SUBMISSION TO CONGRESS.—Not later (III) an investor-owned utility; and and quarries; and than 180 days after the date of enactment of (vi) a private energy storage company. (IV) other critical equipment and mate- this Act, the Secretary shall submit to the (B) ESTABLISHMENT.—The Secretary shall rials for pumped hydroelectric energy stor- Committee on Energy and Natural Resources establish a competitive grant program under age, as determined by the Secretary; and of the Senate and the Committees on Energy which the Secretary shall award grants to el- (ii) reductions of equipment costs, civil and Commerce and Science, Space, and Tech- igible entities to carry out demonstration works costs, and construction times for nology of the House of Representatives the projects for pilot energy storage systems. pumped hydroelectric energy storage strategic plan developed under subparagraph (C) SELECTION REQUIREMENTS.—In selecting projects, with the goal of reducing those (A). eligible entities to receive a grant under sub- costs by 50 percent; (D) UPDATES TO PLAN.—The Secretary— paragraph (B), the Secretary shall, to the (G) models and tools to demonstrate the (i) shall annually review the strategic plan maximum extent practicable— benefits of energy storage to— developed under subparagraph (A); and (i) ensure regional diversity among eligible (i) power and water supply systems; (ii) may periodically revise the strategic entities awarded grants, including ensuring (ii) electric generation portfolio optimiza- plan as appropriate. participation of eligible entities that are tion; and (6) LEVERAGING OF RESOURCES.—The pro- (iii) expanded deployment of other renew- rural States and States with high energy gram may be led by a specific office of the costs; able energy technologies, including in hybrid Department, but shall be cross-cutting in na- energy storage systems; and (ii) ensure that grants are awarded for ture, so that in carrying out activities under demonstration projects that— (H) energy storage use cases from indi- the program, the Secretary (or a designee of vidual and combination technology applica- (I) expand on the existing technology dem- the Secretary charged with leading the pro- onstration programs of the Department; tions, including value from various-use cases gram) shall leverage existing Federal re- and energy storage services. (II) are designed to achieve 1 or more of the sources, including, at a minimum, the exper- objectives described in subparagraph (D); and (3) TESTING AND VALIDATION.—In coordina- tise and resources of— tion with 1 or more National Laboratories, (III) inject or withdraw energy from the (A) the Office of Electricity Delivery and the Secretary shall accelerate the develop- bulk power system, electric distribution sys- Energy Reliability; ment, standardized testing, and validation of tem, building energy system, or microgrid (B) the Office of Energy Efficiency and Re- energy storage systems under the program (grid-connected or islanded mode) where the newable Energy, including the Water Power by developing testing and evaluation meth- project is located; and Technologies Office; and odologies for— (iii) give consideration to proposals from (C) the Office of Science, including— (A) storage technologies, controls, and eligible entities for securing energy storage (i) the Basic Energy Sciences Program; power electronics for energy storage systems through competitive procurement or con- (ii) the Advanced Scientific Computing Re- under a variety of operating conditions; tract for service. search Program; (B) standardized and grid performance test- (D) OBJECTIVES.—Each demonstration ing for energy storage systems, materials, (iii) the Biological and Environmental Re- project carried out by a grant awarded under and technologies during each stage of devel- search Program; and subparagraph (B) shall have 1 or more of the opment, beginning with the research stage (D) the Electricity Storage Research Ini- following objectives: and ending with the deployment stage; tiative established under section 975 of the (i) To improve the security of critical in- (C) reliability, safety, and durability test- Energy Policy Act of 2005 (42 U.S.C. 16315). frastructure and emergency response sys- ing under standard and evolving duty cycles; (7) PROTECTING PRIVACY AND SECURITY.—In tems. and carrying out this subsection, the Secretary (ii) To improve the reliability of trans- (D) accelerated life testing protocols to shall identify, incorporate, and follow best mission and distribution systems, particu- predict estimated lifetime metrics with ac- practices for protecting the privacy of indi- larly in rural areas, including high-energy- curacy. viduals and businesses and the respective cost rural areas. (4) PERIODIC EVALUATION OF PROGRAM OB- sensitive data of the individuals and busi- (iii) To optimize transmission or distribu- JECTIVES.—Not less frequently than once nesses, including by managing privacy risk tion system operation and power quality to every calendar year, the Secretary shall and implementing the Fair Information defer or avoid costs of replacing or upgrading evaluate and, if necessary, update the pro- Practice Principles of the Federal Trade electric grid infrastructure, including trans- gram objectives to ensure that the program Commission for the collection, use, disclo- formers and substations. continues to advance energy storage systems sure, and retention of individual electric (iv) To supply energy at peak periods of de- toward widespread commercial deployment consumer information in accordance with mand on the electric grid or during periods by lowering the costs and increasing the du- the Office of Management and Budget Cir- of significant variation of electric grid sup- ration of energy storage resources. cular A–130 (or successor circulars). ply. (5) ENERGY STORAGE STRATEGIC PLAN.— (c) ENERGY STORAGE DEMONSTRATION (v) To reduce peak loads of homes and busi- (A) IN GENERAL.—The Secretary shall de- PROJECTS; PILOT GRANT PROGRAM.— nesses. velop a 10-year strategic plan for the pro- (1) DEMONSTRATION PROJECTS.—Not later (vi) To improve and advance power conver- gram, and update the plan, in accordance than September 30, 2023, the Secretary shall, sion systems. with this paragraph. to the maximum extent practicable, enter (vii) To provide ancillary services for grid (B) CONTENTS.—The strategic plan devel- into agreements to carry out not fewer than stability and management. oped under subparagraph (A) shall— 5 energy storage system demonstration (viii) To integrate renewable energy re- (i) be coordinated with and integrated projects, including at least 1 energy storage source production. across other relevant offices in the Depart- system demonstration project designed to (ix) To increase the feasibility of ment; further the development of technologies de- microgrids (grid-connected or islanded (ii) to the extent practicable, include scribed in clause (v) or (vi) of subsection mode). metrics that can be used to evaluate storage (b)(2)(A). (x) To enable the use of stored energy in technologies; (2) ENERGY STORAGE PILOT GRANT PRO- forms other than electricity to support the (iii) identify Department programs that— GRAM.— natural gas system and other industrial (I) support the research and development (A) DEFINITION OF ELIGIBLE ENTITY.—In this processes. activities described in paragraph (2) and the paragraph, the term ‘‘eligible entity’’ (xi) To integrate fast charging of electric demonstration projects under subsection (c); means— vehicles. and (i) a State energy office (as defined in sec- (xii) To improve energy efficiency. (II)(aa) do not support the activities or tion 124(a) of the Energy Policy Act of 2005 (3) REPORTS.—Not less frequently than projects described in subclause (I); but (42 U.S.C. 15821(a))); once every 2 years for the duration of the (bb) are important to the development of (ii) an Indian tribe (as defined in section 4 programs under paragraphs (1) and (2), the energy storage systems and the mission of of the Native American Housing Assistance Secretary shall submit to Congress and the Department, as determined by the Sec- and Self-Determination Act of 1996 (25 U.S.C. make publicly available a report describing retary; 4103); the performance of those programs.

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(4) NO PROJECT OWNERSHIP INTEREST.—The (aa) larger, higher-cost projects; and tive body, or an employee of a State or local Federal Government shall not hold any eq- (bb) smaller, lower-cost projects. legislative body. uity or other ownership interest in any en- (ii) PRIORITY.—In carrying out the Joint (4) INFORMATION DISSEMINATION.—The infor- ergy storage system that is part of a project Program, the Secretary and the Director of mation disseminated under paragraph under this subsection unless the holding is ESTCP shall give priority to demonstration (2)(B)(i) shall include— agreed to by each participant of the project. projects that— (A) information relating to the topics de- (d) LONG-DURATION DEMONSTRATION INITIA- (I) make available to the public project in- scribed in paragraph (3)(A), including case TIVE AND JOINT PROGRAM.— formation that will accelerate deployment of studies of successful examples; (1) DEFINITIONS.—In this subsection: long-duration energy storage technologies; (B) computational tools or software for as- (A) DIRECTOR OF ARPA–E.—The term ‘‘Di- and sessment, design, and operation and mainte- rector of ARPA–E’’ has the meaning given (II) will be carried out in the field. nance of energy storage systems; the term in section 5012(a) of the America (e) TECHNICAL AND PLANNING ASSISTANCE (C) public databases that track existing COMPETES Act (42 U.S.C. 16538(a)). PROGRAM.— and planned energy storage systems; (B) DIRECTOR OF ESTCP.—The term ‘‘Direc- (1) DEFINITIONS.—In this subsection: (D) best practices for the utility and grid tor of ESTCP’’ means the Secretary of De- (A) ELIGIBLE ENTITY.—The term ‘‘eligible operator business processes associated with fense, acting through the Director of the En- entity’’ means— the topics described in paragraph (3)(A); and vironmental Security Technology Certifi- (i) an electric cooperative; (E) relevant State policies or regulations cation Program of the Department of De- associated with the topics described in para- fense. (ii) a political subdivision of a State, such as a municipally owned electric utility, or graph (3)(A). (C) INITIATIVE.—The term ‘‘Initiative’’ any agency, authority, corporation, or in- (5) APPLICATIONS.— means the demonstration initiative estab- (A) IN GENERAL.—The Secretary shall seek lished under paragraph (2). strumentality of a State political subdivi- sion; applications for the program— (D) JOINT PROGRAM.—The term ‘‘Joint Pro- (iii) a not-for-profit entity that is in a (i) on a competitive, merit-reviewed basis; gram’’ means the joint program established and under paragraph (4). partnership with not less than 6 entities de- scribed in clause (i) or (ii); and (ii) on a periodic basis, but not less fre- (E) SECRETARY.—The term ‘‘Secretary’’ quently than once every 12 months. means the Secretary, acting through the Di- (iv) an investor-owned utility. (B) PROGRAM.—The term ‘‘program’’ means (B) APPLICATION.—An eligible entity desir- rector of ARPA–E. ing to apply for the program shall submit to (2) ESTABLISHMENT OF INITIATIVE.—Not the technical and planning assistance pro- the Secretary an application at such time, in later than 180 days after the date of enact- gram established under paragraph (2)(A). such manner, and containing such informa- ment of this Act, the Secretary shall estab- (2) ESTABLISHMENT.— tion as the Secretary may require, including lish a demonstration initiative composed of (A) IN GENERAL.—The Secretary shall es- whether the eligible entity is applying for— demonstration projects focused on the devel- tablish a technical and planning assistance (i) direct technical or planning assistance opment of long-duration energy storage program to assist eligible entities in identi- under paragraph (2)(B)(i); or technologies. fying, evaluating, planning, designing, and (ii) a grant under paragraph (2)(B)(ii). (3) SELECTION OF PROJECTS.—To the max- developing processes to procure energy stor- (C) PRIORITIES.—In selecting eligible enti- imum extent practicable, in selecting dem- age systems. ties for technical and planning assistance onstration projects to participate in the Ini- (B) ASSISTANCE AND GRANTS.—Under the tiative, the Secretary shall— program, the Secretary shall— under the program, the Secretary shall give (A) ensure a range of technology types; (i) provide technical and planning assist- priority to eligible entities described in (B) ensure regional diversity among ance, including disseminating information, clauses (i) and (ii) of paragraph (1)(A). projects; and directly to eligible entities; and (6) REPORTS.—The Secretary shall submit (C) consider bulk power level, distribution (ii) award grants to eligible entities to con- to Congress and make available to the pub- power level, behind-the-meter, microgrid tract to obtain technical and planning as- lic— (grid-connected or islanded mode), and off- sistance from outside experts. (A) not less frequently than once every 2 grid applications. (C) FOCUS.—In carrying out the program, years, a report describing the performance of (4) JOINT PROGRAM.— the Secretary shall focus on energy storage the program, including a synthesis and anal- (A) ESTABLISHMENT.—As part of the Initia- system projects that have the greatest po- ysis of any information the Secretary re- tive, the Secretary, in consultation with the tential for— quires grant recipients to provide to the Sec- Director of ESTCP, shall establish within (i) strengthening the reliability and resil- retary as a condition of receiving a grant; the Department a joint program to carry out iency of energy infrastructure; and projects— (ii) reducing the cost of energy storage sys- (B) on termination of the program, an as- (i) to demonstrate promising long-duration tems; sessment of the success of, and education energy storage technologies at different (iii) improving the feasibility of microgrids provided by, the measures carried out by eli- scales; and (grid-connected or islanded mode), particu- gible entities under the program. (ii) to help new, innovative long-duration larly in rural areas, including high energy (7) COST-SHARING.—Activities under this energy storage technologies become com- cost rural areas; subsection shall be subject to the cost-shar- mercially viable. (iv) reducing consumer electricity costs; or ing requirements under section 988 of the En- (B) MEMORANDUM OF UNDERSTANDING.—Not (v) maximizing local job creation. ergy Policy Act of 2005 (42 U.S.C. 16352). later than 200 days after the date of enact- (3) TECHNICAL AND PLANNING ASSISTANCE.— (f) ENERGY STORAGE MATERIALS RECYCLING ment of this Act, the Secretary shall enter (A) IN GENERAL.—Technical and planning PRIZE COMPETITION.—Section 1008 of the En- into a memorandum of understanding with assistance provided under the program shall ergy Policy Act of 2005 (42 U.S.C. 16396) is the Director of ESTCP to administer the include assistance with 1 or more of the fol- amended by adding at the end the following: Joint Program. lowing activities relating to energy storage ‘‘(g) ENERGY STORAGE MATERIALS RECY- (C) INFRASTRUCTURE.—In carrying out the systems: CLING PRIZE COMPETITION.— Joint Program, the Secretary and the Direc- (i) Identification of opportunities to use ‘‘(1) DEFINITION OF CRITICAL ENERGY STOR- tor of ESTCP shall— energy storage systems. AGE MATERIALS.—In this subsection, the term (i) use existing test-bed infrastructure at— (ii) Feasibility studies to assess the poten- ‘critical energy storage materials’ includes— (I) Department facilities; and tial for development of new energy storage ‘‘(A) lithium; (II) Department of Defense installations; systems or improvement of existing energy ‘‘(B) cobalt; and storage systems. ‘‘(C) nickel; (ii) develop new infrastructure for identi- (iii) Assessment of technical and economic ‘‘(D) graphite; and fied projects, if appropriate. characteristics, including a cost-benefit ‘‘(E) any other material determined by the (D) GOALS AND METRICS.—The Secretary analysis. Secretary to be critical to the continued and the Director of ESTCP shall develop (iv) Utility interconnection. growing supply of energy storage resources. goals and metrics for technological progress (v) Permitting and siting issues. ‘‘(2) PRIZE AUTHORITY.— under the Joint Program consistent with en- (vi) Business planning and financial anal- ‘‘(A) IN GENERAL.—As part of the program ergy resilience and energy security policies. ysis. established under subsection (a), the Sec- (E) SELECTION OF PROJECTS.— (vii) Engineering design. retary shall establish an award program, to (i) IN GENERAL.—To the maximum extent (viii) Resource adequacy planning. be known as the ‘Energy Storage Materials practicable, in selecting projects to partici- (ix) Resilience planning and valuation. Recycling Prize Competition’ (referred to in pate in the Joint Program, the Secretary (B) EXCLUSION.—Technical and planning this subsection as the ‘program’), under and the Director of ESTCP shall— assistance provided under the program shall which the Secretary shall carry out prize (I) ensure that projects are carried out not be used to pay any person for influencing competitions and make awards to advance under conditions that represent a variety of or attempting to influence an officer or em- the recycling of critical energy storage ma- environments with different physical condi- ployee of any Federal, State, or local agency, terials. tions and market constraints; and a Member of Congress, an employee of a ‘‘(B) FREQUENCY.—To the maximum extent (II) ensure an appropriate balance of— Member of Congress, a State or local legisla- practicable, the Secretary shall carry out a

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(iv) examine the functional value of elec- ‘‘(i) shall have complied with the require- ‘‘(8) REPORT TO CONGRESS.—Not later than tric storage resources at the transmission ments of the competition as described in the 60 days after the date on which the first prize and distribution system interface for pur- announcement for that competition pub- is awarded under the program, and annually poses of providing electric system reli- lished in the Federal Register by the Sec- thereafter, the Secretary shall submit to ability. retary under paragraph (6); Congress a report that— (h) COORDINATION.—To the maximum ex- ‘‘(ii) in the case of a private entity, shall ‘‘(A) identifies each award recipient; tent practicable, the Secretary shall coordi- be incorporated in the United States and ‘‘(B) describes the advanced methods or nate the activities under this section (in- maintain a primary place of business in the technologies developed by each award recipi- cluding activities conducted pursuant to the United States; ent; and amendments made by this section) among ‘‘(iii) in the case of an individual, whether ‘‘(C) specifies actions being taken by the the offices and employees of the Department, participating singly or in a group, shall be a Department toward commercial application other Federal agencies, and other relevant citizen of, or an alien lawfully admitted for of all methods or technologies with respect entities— to which a prize has been awarded under the permanent residence in, the United States. (1) to ensure appropriate collaboration; and program. ‘‘(B) EXCLUSIONS.—The following entities (2) to avoid unnecessary duplication of ‘‘(9) ANTI-DEFICIENCY ACT.—The Secretary and individuals shall not be eligible to win a those activities. shall carry out the program in accordance prize under the program: (i) AUTHORIZATION OF APPROPRIATIONS.— with section 1341 of title 31, United States ‘‘(i) A Federal entity. There are authorized to be appropriated— Code (commonly referred to as the ‘Anti-De- ‘‘(ii) A Federal employee (including an em- (1) to carry out subsection (b), $100,000,000 ficiency Act’). ployee of a National Laboratory) acting for each of fiscal years 2021 through 2025, to ‘‘(10) AUTHORIZATION OF APPROPRIATIONS.— within the scope of employment. remain available until expended; There is authorized to be appropriated to (2) to carry out subsection (c), $100,000,000 ‘‘(4) AWARDS.—In carrying out the pro- carry out this subsection $10,000,000 for each for each of fiscal years 2021 through 2025, to gram, the Secretary shall award cash prizes, of fiscal years 2020 through 2024, to remain remain available until expended; in amounts to be determined by the Sec- available until expended.’’. (3) to carry out subsection (d), $50,000,000 retary, to each individual or entity selected (g) REGULATORY ACTIONS TO ENCOURAGE for each of fiscal years 2021 through 2025, to through a competitive process to develop ad- ENERGY STORAGE DEPLOYMENT.— remain available until expended; and vanced methods or technologies to recycle (1) DEFINITIONS.—In this subsection: (4) to carry out subsection (e), $20,000,000 critical energy storage materials from en- (A) COMMISSION.—The term ‘‘Commission’’ ergy storage systems. means the Federal Energy Regulatory Com- for each of fiscal years 2021 through 2025, to ‘‘(5) CRITERIA.— mission. remain available until expended. ‘‘(A) IN GENERAL.—The Secretary shall es- (B) ELECTRIC STORAGE RESOURCE.—The SEC. 1302. BUREAU OF RECLAMATION PUMPED tablish objective, merit-based criteria for term ‘‘electric storage resource’’ means a re- STORAGE HYDROPOWER DEVELOP- awarding the prizes in each competition car- source capable of receiving electric energy MENT. ried out under the program. from the grid and storing that electric en- (a) AUTHORITY FOR PUMPED STORAGE HY- ‘‘(B) REQUIREMENTS.—The criteria estab- ergy for later injection back into the grid. DROPOWER DEVELOPMENT USING MULTIPLE lished under subparagraph (A) shall (2) REGULATORY ACTION.— BUREAU OF RECLAMATION RESERVOIRS.—Sec- prioritize advancements in methods or tech- (A) IN GENERAL.—Not later than 1 year tion 9(c) of the Reclamation Project Act of nologies that present the greatest potential after the date of enactment of this Act, the 1939 (43 U.S.C. 485h(c)) is amended— for large-scale commercial deployment. Commission shall issue a regulation to iden- (1) in paragraph (1), in the fourth sentence, ‘‘(C) CONSULTATION.—In establishing cri- tify the eligibility of, and process for, elec- by striking ‘‘, including small conduit hydro- teria under subparagraph (A), the Secretary tric storage resources— power development’’ and inserting ‘‘and re- shall consult with appropriate members of (i) to receive cost recovery through Com- serve to the Secretary the exclusive author- private industry involved in the commercial mission-regulated rates for the transmission ity to develop small conduit hydropower deployment of energy storage systems. of electric energy in interstate commerce; using Bureau of Reclamation facilities and ‘‘(6) ADVERTISING AND SOLICITATION OF COM- and pumped storage hydropower exclusively PETITORS.— (ii) that receive cost recovery under clause using Bureau of Reclamation reservoirs’’; ‘‘(A) IN GENERAL.—The Secretary shall an- (i) to receive compensation for other services and nounce each prize competition under the pro- (such as the sale of energy, capacity, or an- (2) in paragraph (8), by striking ‘‘has been gram by publishing a notice in the Federal cillary services) without regard to whether filed with the Federal Energy Regulatory Register. those services are provided concurrently Commission as of the date of the enactment ‘‘(B) REQUIREMENTS.—Each notice pub- with the transmission service described in of the Bureau of Reclamation Small Conduit lished under subparagraph (A) shall describe clause (i). Hydropower Development and Rural Jobs the essential elements of the competition, (B) PROHIBITION OF DUPLICATE RECOVERY.— Act’’ and inserting ‘‘was filed with the Fed- such as— Any regulation issued under subparagraph eral Energy Regulatory Commission before ‘‘(i) the subject of the competition; (A) shall preclude the receipt of unjust and August 9, 2013, and is still pending’’. ‘‘(ii) the duration of the competition; unreasonable double recovery for electric (b) LIMITATIONS ON ISSUANCE OF CERTAIN ‘‘(iii) the eligibility requirements for par- storage resources providing services de- LEASES OF POWER PRIVILEGE.— ticipation in the competition; scribed in clauses (i) and (ii) of that subpara- (1) DEFINITIONS.—In this subsection: ‘‘(iv) the process for participants to reg- graph. (A) COMMISSION.—The term ‘‘Commission’’ ister for the competition; (3) ELECTRIC STORAGE RESOURCES TECHNICAL means the Federal Energy Regulatory Com- ‘‘(v) the amount of the prize; and CONFERENCE.— mission. ‘‘(vi) the criteria for awarding the prize. (A) IN GENERAL.—Not later than 180 days (B) DIRECTOR.—The term ‘‘Director’’ means ‘‘(7) JUDGES.— after the date of enactment of this Act, the the Director of the Office of Hearings and ‘‘(A) IN GENERAL.—For each prize competi- Commission shall convene a technical con- Appeals. tion under the program, the Secretary shall ference on the potential for electric storage (C) OFFICE OF HEARINGS AND APPEALS.—The assemble a panel of qualified judges to select resources to improve the operation of elec- term ‘‘Office of Hearings and Appeals’’ the winner or winners of the competition on tric systems. means the Office of Hearings and Appeals of the basis of the criteria established under (B) REQUIREMENTS.—The technical con- the Department of the Interior. paragraph (5). ference under subparagraph (A) shall— (D) PARTY.—The term ‘‘party’’, with re- ‘‘(B) SELECTION.—The judges for each com- (i) identify opportunities for further con- spect to a study plan agreement, means each petition shall include appropriate members sideration of electric storage resources in re- of the following parties to the study plan of private industry involved in the commer- gional and interregional transmission plan- agreement: cial deployment of energy storage systems. ning processes within the jurisdiction of the (i) The proposed lessee. ‘‘(C) CONFLICTS.—An individual may not Commission; (ii) The Tribes. serve as a judge in a prize competition under (ii) identify all energy, capacity, and ancil- (E) PROJECT.—The term ‘‘project’’ means a the program if the individual, the spouse of lary service products, market designs, or proposed pumped storage facility that— the individual, any child of the individual, or rules that— (i) would use multiple Bureau of Reclama- any other member of the household of the in- (I) are within the jurisdiction of the Com- tion reservoirs; and dividual— mission; and (ii) as of June 1, 2017, was subject to a pre- ‘‘(i) has a personal or financial interest in, (II) enable and compensate for the use of liminary permit issued by the Commission or is an employee, officer, director, or agent electric storage resources that improve the pursuant to section 4(f) of the Federal Power of, any entity that is a registered participant operation of electric systems; Act (16 U.S.C. 797(f)).

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(F) PROPOSED LESSEE.—The term ‘‘proposed (A)(ii) is not reasonably calculated to assist and habitat, affected by the development, lessee’’ means the proposed lessee of a the Secretary in evaluating the potential operation, and management of the project. project. impacts of the project. (ii) RECOMMENDATIONS OF THE TRIBES.—The (G) SECRETARY.—The term ‘‘Secretary’’ (iii) TIMING.—The Director shall issue a de- conditions required under clause (i) shall be means the Secretary of the Interior. termination regarding a dispute under clause based on joint recommendations of the (H) STUDY PLAN.—The term ‘‘study plan’’ (i) not later than 120 days after the date on Tribes. means the plan described in paragraph (4)(A). which the Director receives notice of the dis- (iii) RESOLVING INCONSISTENCIES.— (I) STUDY PLAN AGREEMENT.—The term pute under that clause. (I) IN GENERAL.—If the Secretary deter- ‘‘study plan agreement’’ means an agree- (4) STUDY PLAN.— mines that any recommendation of the ment entered into under paragraph (2)(A) (A) IN GENERAL.—The proposed lessee shall Tribes under clause (ii) is not reasonably cal- and described in paragraph (3). submit to the Secretary for approval a study culated to ensure the project is consistent (J) TRIBES.—The term ‘‘Tribes’’ means— plan that details the proposed methodology with clause (i) or is inconsistent with the re- (i) the Confederated Tribes of the Colville for performing each of the studies— quirements of the Reclamation Project Act Reservation; and (i) identified in the study plan agreement of 1939 (43 U.S.C. 485 et seq.), the Secretary (ii) the Spokane Tribe of Indians of the of the proposed lessee; or shall attempt to resolve any such inconsist- Spokane Reservation. (ii) determined by the Director in a final ency with the Tribes, giving due weight to (2) REQUIREMENT FOR ISSUANCE OF LEASES determination regarding a dispute under the recommendations and expertise of the OF POWER PRIVILEGE.—The Secretary shall paragraph (3)(B). Tribes. not issue a lease of power privilege pursuant (B) INITIAL DETERMINATION.—Not later than (II) PUBLICATION OF FINDINGS.—If, after an to section 9(c)(1) of the Reclamation Project 60 days after the date on which the Secretary attempt to resolve an inconsistency under Act of 1939 (43 U.S.C. 485h(c)(1)) (as amended receives the study plan under subparagraph subclause (I), the Secretary does not adopt in by subsection (a)) for a project unless— (A), the Secretary shall make an initial de- whole or in part a recommendation of the (A) the proposed lessee and the Tribes have termination that— Tribes under clause (ii), the Secretary shall entered into a study plan agreement; or (i) approves the study plan; issue each of the following findings, includ- (B) the Secretary or the Director, as appli- (ii) rejects the study plan on the grounds cable, makes a final determination for— that the study plan— ing a statement of the basis for each of the (i) a study plan agreement under paragraph (I) lacks sufficient detail on a proposed findings: (3)(B); or methodology for a study identified in the (aa) A finding that adoption of the rec- (ii) a study plan under paragraph (4). study plan agreement; or ommendation is inconsistent with the re- quirements of the Reclamation Project Act (3) STUDY PLAN AGREEMENT REQUIRE- (II) is inconsistent with the study plan of 1939 (43 U.S.C. 485 et seq.). MENTS.— agreement; or (A) IN GENERAL.—A study plan agreement (iii) imposes additional study plan require- (bb) A finding that the conditions selected shall— ments that the Secretary determines are by the Secretary to be contained in the lease (i) establish the deadlines for the proposed necessary to adequately define the potential of power privilege under clause (i) comply lessee to formally respond in writing to com- effects of the project on— with the requirements of subclauses (I) and ments and study requests about the project (I) the exercise of the paramount hunting, (II) of that clause. previously submitted to the Commission; fishing, and boating rights of the Tribes re- (B) ANNUAL CHARGES PAYABLE BY LI- (ii) allow for the parties to submit addi- served pursuant to the Act of June 29, 1940 CENSEE.— tional comments and study requests if any (54 Stat. 703, chapter 460; 16 U.S.C. 835d et (i) IN GENERAL.—Subject to clause (ii), any aspect of the project, as proposed, differs seq.); lease of power privilege issued by the Sec- from an aspect of the project, as described in (II) the annual payments described in sub- retary for a project under paragraph (2) shall a preapplication document provided to the clauses (I) and (II) of paragraph (3)(A)(iv); contain conditions that require the lessee of Commission; (III) the Columbia Basin project (as defined the project to make direct payments to the (iii) except as expressly agreed to by the in section 1 of the Act of May 27, 1937 (50 Tribes through reasonable annual charges in parties or as provided in subparagraph (B) or Stat. 208, chapter 269; 57 Stat. 14, chapter 14; an amount that recompenses the Tribes for paragraph (4), require that the proposed les- 16 U.S.C. 835)); any adverse economic effect of the project see conduct each study described in— (IV) historic properties and cultural or identified in a study performed pursuant to (I) a study request about the project pre- spiritually significant resources; and the study plan agreement for the project. viously submitted to the Commission; or (V) the environment. (ii) AGREEMENT.— (II) any additional study request submitted (C) OBJECTIONS.— (I) IN GENERAL.—The amount of the annual in accordance with the study plan agree- (i) IN GENERAL.—Not later than 30 days charges described in clause (i) shall be estab- ment; after the date on which the Secretary makes lished through agreement between the pro- (iv) require that the proposed lessee study an initial determination under subparagraph posed lessee and the Tribes. any potential adverse economic effects of the (B), the Tribes or the proposed lessee may (II) CONDITION.—The agreement under sub- project on the Tribes, including effects on— submit to the Director an objection to the clause (I), including any modification of the (I) annual payments to the Confederated initial determination. agreement, shall be deemed to be a condition Tribes of the Colville Reservation under sec- (ii) FINAL DETERMINATION.—Not later than to the lease of power privilege issued by the tion 5(b) of the Confederated Tribes of the 120 days after the date on which the Director Secretary for a project under paragraph (2). Colville Reservation Grand Coulee Dam Set- receives an objection under clause (i), the Di- (iii) DISPUTE RESOLUTION.— tlement Act (Public Law 103–436; 108 Stat. rector shall— (I) IN GENERAL.—If the proposed lessee and 4579); and (I) hold a hearing on the record regarding the Tribes cannot agree to the terms of an (II) annual payments to the Spokane Tribe the objection; and agreement under clause (ii)(I), the proposed of Indians of the Spokane Reservation au- (II) make a final determination that estab- lessee and the Tribes shall submit notice of thorized after the date of enactment of this lishes the study plan, including a description the dispute to the Director. Act, the amount of which derives from the of studies the proposed lessee is required to (II) RESOLUTION.—The Director shall re- annual payments described in subclause (I); perform. solve the dispute described in subclause (I) (v) establish a protocol for communication (D) NO OBJECTIONS.—If no objections are not later than 180 days after the date on and consultation between the parties; submitted by the deadline described in sub- which the Director receives notice of the dis- (vi) provide mechanisms for resolving dis- paragraph (C)(i), the initial determination of pute under that subclause. putes between the parties regarding imple- the Secretary under subparagraph (B) shall (C) ADDITIONAL CONDITIONS.—The Secretary mentation and enforcement of the study plan be final. may include in any lease of power privilege agreement; and (5) CONDITIONS OF LEASE.— issued by the Secretary for a project under (vii) contain other provisions determined (A) CONSISTENCY WITH RIGHTS OF TRIBES; paragraph (2) other conditions determined to be appropriate by the parties. PROTECTION, MITIGATION, AND ENHANCEMENT appropriate by the Secretary, on the condi- (B) DISPUTES.— OF FISH AND WILDLIFE.— tion that the conditions shall be consistent (i) IN GENERAL.—If the parties cannot agree (i) IN GENERAL.—Any lease of power privi- with the Reclamation Project Act of 1939 (43 to the terms of a study plan agreement or lege issued by the Secretary for a project U.S.C. 485 et seq.). implementation of those terms, the parties under paragraph (2) shall contain condi- (D) CONSULTATION.—In establishing condi- shall submit to the Director, for final deter- tions— tions under this paragraph, the Secretary mination on the terms or implementation of (I) to ensure that the project is consistent shall consult with the Tribes. the study plan agreement, notice of the dis- with, and will not interfere with, the exer- (6) DEADLINES.—The Secretary or any offi- pute, consistent with subparagraph (A)(vi), cise of the paramount hunting, fishing, and cer of the Office of Hearing and Appeals be- to the extent the parties have agreed to a boating rights of the Tribes reserved pursu- fore whom a proceeding is pending under this study plan agreement. ant to the Act of June 29, 1940 (54 Stat. 703, subsection may extend any deadline or en- (ii) INCLUSION.—A dispute covered by chapter 460; 16 U.S.C. 835d et seq.); and large any timeframe described in this sub- clause (i) may include the view of a proposed (II) to adequately and equitably protect, section— lessee that an additional study request sub- mitigate damages to, and enhance fish and (A) at the discretion of the Secretary or mitted in accordance with subparagraph wildlife, including related spawning grounds the officer; or

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(B) on a showing of good cause by any ‘‘(B) INCLUSIONS.—The term ‘natural gas ity additions and load following generation, party. electric generation facility’ includes a new in addition to large-scale generation tech- (7) JUDICIAL REVIEW.—Any final action of or existing— nologies; the Secretary or the Director made pursuant ‘‘(i) simple cycle plant; ‘‘(v) supporting dispatchable operations for to this subsection shall be subject to judicial ‘‘(ii) combined cycle plant; new and existing applications of coal and review in accordance with chapter 7 of title ‘‘(iii) combined heat and power plant; or natural gas generation; and 5, United States Code. ‘‘(iv) steam methane reformer that pro- ‘‘(vi) accelerating the development of tech- duces hydrogen from natural gas for use in (8) EFFECT ON OTHER PROJECTS.—Nothing in nologies that have transformational energy the production of electric energy. this subsection establishes any precedent or conversion characteristics. is binding on any Bureau of Reclamation ‘‘(4) PROGRAM.—The term ‘program’ means ‘‘(B) Using carbon capture, utilization, and lease of power privilege, other than for a the program established under subsection sequestration technologies to decrease the project. (b)(1). ‘‘(5) TRANSFORMATIONAL TECHNOLOGY.— carbon dioxide emissions, and the environ- Subtitle D—Carbon Capture, Utilization, and mental impact from carbon dioxide emis- Storage ‘‘(A) IN GENERAL.—The term ‘trans- formational technology’ means a power gen- sions, from new and existing coal and nat- SEC. 1401. FOSSIL ENERGY. eration technology that represents a signifi- ural gas electric generation facilities, in- Section 961(a) of the Energy Policy Act of cant change in the methods used to convert cluding by— 2005 (42 U.S.C. 16291(a)) is amended— energy that will enable a step change in per- ‘‘(i) accelerating the development, deploy- (1) in paragraph (6), by inserting ‘‘, includ- formance, efficiency, and cost of electricity ment, and commercialization of technologies ing technology development to reduce emis- as compared to the technology in existence to capture and sequester carbon dioxide sions of carbon dioxide and associated emis- on the date of enactment of the American emissions from new and existing coal and sions of heavy metals within coal combus- Energy Innovation Act of 2020. natural gas electric generation facilities; tion residues and gas streams resulting from ‘‘(B) INCLUSIONS.—The term ‘trans- ‘‘(ii) supporting sites for safe geological fossil fuel use and production’’ before the pe- formational technology’ includes a broad riod at the end; and storage of large volumes of anthropogenic range of technology improvements, includ- sources of carbon dioxide and the develop- (2) by striking paragraph (7) and inserting ing— the following: ment of the infrastructure needed to support ‘‘(i) thermodynamic improvements in en- a carbon dioxide utilization and storage in- ‘‘(7) Increasing the export of fossil energy- ergy conversion and heat transfer, includ- dustry; related equipment, technology, including ing— ‘‘(iii) improving the conversion, utiliza- emissions control technologies, and services ‘‘(I) advanced combustion systems, includ- from the United States. ing oxygen combustion systems and chem- tion, and storage of carbon dioxide produced ‘‘(8) Developing carbon removal and utili- ical looping; and from fossil fuels and other anthropogenic zation technologies, products, and methods ‘‘(II) the replacement of steam cycles with sources of carbon dioxide; that result in net reductions in greenhouse supercritical carbon dioxide cycles; ‘‘(iv) lowering greenhouse gas emissions for gas emissions, including direct air capture ‘‘(ii) improvements in steam or carbon di- all fossil fuel production, generation, deliv- and storage, and carbon use and reuse for oxide turbine technology; ery, and use, to the maximum extent prac- commercial application. ‘‘(iii) improvements in carbon capture, uti- ticable; ‘‘(9) Improving the conversion, use, and lization, and storage systems technology; ‘‘(v) developing carbon utilization tech- storage of carbon dioxide produced from fos- ‘‘(iv) improvements in small-scale and nologies, products, and methods, including sil fuels.’’. modular coal-fired technologies with reduced carbon use and reuse for commercial applica- SEC. 1402. ESTABLISHMENT OF COAL AND NAT- carbon output or carbon capture that can tion; URAL GAS TECHNOLOGY PROGRAM. support incremental power generation capac- ‘‘(vi) developing net-negative carbon diox- (a) IN GENERAL.—The Energy Policy Act of ity additions; ide emissions technologies; and 2005 is amended by striking section 962 (42 ‘‘(v) fuel cell technologies for low-cost, ‘‘(vii) developing technologies for the cap- U.S.C. 16292) and inserting the following: high-efficiency modular power systems; ture of carbon dioxide produced during the ‘‘SEC. 962. COAL AND NATURAL GAS TECH- ‘‘(vi) advanced gasification systems; production of hydrogen from natural gas. NOLOGY PROGRAM. ‘‘(vii) thermal cycling technologies; and ‘‘(C) Decreasing the non-carbon dioxide rel- ‘‘(a) DEFINITIONS.—In this section: ‘‘(viii) any other technology the Secretary evant environmental impacts of coal and ‘‘(1) LARGE-SCALE PILOT PROJECT.—The recognizes as transformational technology. natural gas production, including by— term ‘large-scale pilot project’ means a pilot ‘‘(b) COAL AND NATURAL GAS TECHNOLOGY ‘‘(i) further reducing non-carbon dioxide project that— PROGRAM.— ‘‘(A) represents the scale of technology de- ‘‘(1) IN GENERAL.—The Secretary shall es- air emissions; and velopment beyond laboratory development tablish a coal and natural gas technology ‘‘(ii) reducing the use, and managing the and bench scale testing, but not yet ad- program to ensure the continued use of the discharge, of water in power plant oper- vanced to the point of being tested under abundant domestic coal and natural gas re- ations. real operational conditions at commercial sources of the United States through the de- ‘‘(D) Accelerating the development of tech- scale; velopment of transformational technologies nologies to capture carbon dioxide emissions ‘‘(B) represents the scale of technology that will significantly improve the effi- from industrial facilities, including— necessary to gain the operational data need- ciency, effectiveness, costs, and environ- ‘‘(i) nontraditional fuel manufacturing fa- ed to understand the technical and perform- mental performance of coal and natural gas cilities, including ethanol or other biofuel ance risks of the technology before the appli- use. production plants or hydrogen production cation of that technology at commercial ‘‘(2) REQUIREMENTS.—The program shall in- plants; and scale or in commercial-scale demonstration; clude— ‘‘(ii) energy-intensive manufacturing fa- and ‘‘(A) a research and development program; cilities that produce carbon dioxide as a by- ‘‘(C) is large enough— ‘‘(B) large-scale pilot projects; product of operations. ‘‘(i) to validate scaling factors; and ‘‘(C) demonstration projects, in accordance ‘‘(E) Examining methods of converting ‘‘(ii) to demonstrate the interaction be- with paragraph (4); and coal and natural gas to other valuable prod- tween major components so that control phi- ‘‘(D) a front-end engineering and design ucts and commodities in addition to elec- losophies for a new process can be developed program. tricity, including hydrogen. and enable the technology to advance from ‘‘(3) PROGRAM GOALS AND OBJECTIVES.—In ‘‘(F) Entering into cooperative agreements large-scale pilot plant application to com- consultation with the interested entities de- to carry out and expedite demonstration mercial-scale demonstration or application. scribed in paragraph (6)(C), the Secretary projects (including pilot projects) to dem- ‘‘(2) NATURAL GAS.—The term ‘natural gas’ shall develop goals and objectives for the onstrate the technical and commercial via- means any fuel consisting in whole or in part program to be applied to the trans- bility of technologies to reduce carbon diox- of— formational technologies developed within ide emissions released from coal and natural ‘‘(A) natural gas; the program, taking into consideration the ‘‘(B) liquid petroleum gas; following: gas electric generation facilities for commer- ‘‘(C) synthetic gas derived from petroleum ‘‘(A) Increasing the performance of coal cial deployment; and or natural gas liquids; and natural gas electric generation facili- ‘‘(G) Identifying any barriers to the com- ‘‘(D) any mixture of natural gas and syn- ties, including by— mercial deployment of any technologies thetic gas; or ‘‘(i) ensuring reliable, low-cost power from under development for the capture of carbon ‘‘(E) biomethane. new and existing coal and natural gas elec- dioxide produced by coal and natural gas ‘‘(3) NATURAL GAS ELECTRIC GENERATION FA- tric generation facilities; electric generation facilities. CILITY.— ‘‘(ii) achieving high conversion efficiencies; ‘‘(4) DEMONSTRATION PROJECTS.— ‘‘(A) IN GENERAL.—The term ‘natural gas ‘‘(iii) addressing emissions of carbon diox- ‘‘(A) IN GENERAL.—In carrying out the pro- electric generation facility’ means a facility ide through high-efficiency platforms; gram, the Secretary shall establish a dem- that generates electric energy using natural ‘‘(iv) developing small-scale and modular onstration program under which the Sec- gas as the fuel. technologies to support incremental capac- retary shall enter into agreements by not

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later than September 30, 2025, for demonstra- the Secretary to carry out this section, to ‘‘(b) CARBON STORAGE PROGRAM.— tion projects to demonstrate the construc- remain available until expended— ‘‘(1) IN GENERAL.—The Secretary shall es- tion and operation of not fewer than 5 facili- ‘‘(A) for activities under the research and tablish a program of research, development, ties to capture carbon dioxide from coal and development program component described and demonstration for carbon storage. natural gas electric generation facilities. in subsection (b)(2)(A)— ‘‘(2) PROGRAM ACTIVITIES.—Activities under ‘‘(B) REQUIREMENT.—Of the demonstration ‘‘(i) $230,000,000 for each of fiscal years 2021 the program shall include— projects carried out under subparagraph and 2022; and ‘‘(A) in coordination with relevant Federal (A)— ‘‘(ii) $150,000,000 for each of fiscal years 2023 agencies, developing and maintaining map- ‘‘(i) not fewer than 2 shall be designed to through 2025; ping tools and resources that assess the ca- capture carbon dioxide from a natural gas ‘‘(B) subject to paragraph (2), for activities pacity of geologic storage formation in the electric generation facility; and under the large-scale pilot projects program United States; ‘‘(ii) not fewer than 2 shall be designed to component described in subsection (b)(2)(B)— ‘‘(B) developing monitoring tools, mod- capture carbon dioxide from a coal electric ‘‘(i) $347,000,000 for each of fiscal years 2021 eling of geologic formations, and analyses— generation facility. and 2022; ‘‘(i) to predict carbon dioxide containment; ‘‘(C) GOALS.—Each demonstration project ‘‘(ii) $272,000,000 for each of fiscal years 2023 and under the demonstration program shall be and 2024; and ‘‘(ii) to account for sequestered carbon di- designed to further the development, deploy- ‘‘(iii) $250,000,000 for fiscal year 2025; oxide in geologic storage sites; ment, and commercialization of technologies ‘‘(C) for activities under the demonstration ‘‘(C) researching— to capture and sequester carbon dioxide projects program component described in ‘‘(i) potential environmental, safety, and emissions from new and existing coal and subsection (b)(2)(C)— health impacts in the event of a leak into natural gas electric generation facilities. ‘‘(i) $100,000,000 for each of fiscal years 2021 the atmosphere or to an aquifer; and ‘‘(D) APPLICATIONS.— and 2022; and ‘‘(ii) any corresponding mitigation actions ‘‘(i) IN GENERAL.—To be eligible to enter ‘‘(ii) $500,000,000 for each of fiscal years 2023 or responses to limit harmful consequences into an agreement with the Secretary for a through 2025; and of such a leak; demonstration project under subparagraph ‘‘(D) for activities under the front-end en- ‘‘(D) evaluating the interactions of carbon (A), an entity shall submit to the Secretary gineering and design program described in dioxide with formation solids and fluids, in- an application at such time, in such manner, subsection (b)(2)(D), $50,000,000 for each of fis- cluding the propensity of injections to in- and containing such information as the Sec- cal years 2021 through 2024. duce seismic activity; retary may require. ‘‘(2) COST SHARING FOR LARGE-SCALE PILOT ‘‘(E) assessing and ensuring the safety of ‘‘(ii) REVIEW OF APPLICATIONS.—In review- PROJECTS.—Activities under subsection operations relating to geologic sequestration ing applications submitted under clause (i), (b)(2)(B) shall be subject to the cost-sharing of carbon dioxide; the Secretary, to the maximum extent prac- requirements of section 988(b).’’. ‘‘(F) determining the fate of carbon dioxide ticable, shall— (b) TECHNICAL AMENDMENT.—The table of concurrent with and following injection into ‘‘(I) ensure a broad geographic distribution contents for the Energy Policy Act of 2005 geologic formations; and of project sites; (Public Law 109–58; 119 Stat. 600) is amended ‘‘(G) supporting cost and business model ‘‘(II) ensure that a broad selection of elec- by striking the item relating to section 962 assessments to examine the economic viabil- tric generation facilities are represented; and inserting the following: ity of technologies and systems developed ‘‘(III) ensure that a broad selection of tech- ‘‘Sec. 962. Coal and natural gas technology under the program. nologies are represented; and program.’’. ‘‘(3) GEOLOGIC SETTINGS.—In carrying out ‘‘(IV) leverage existing public-private part- SEC. 1403. CARBON STORAGE VALIDATION AND research activities under this subsection, the nerships and Federal resources. TESTING. Secretary shall consider a variety of can- ‘‘(5) INTRAAGENCY COORDINATION FOR CAR- (a) IN GENERAL.—Section 963 of the Energy didate onshore and offshore geologic set- BON CAPTURE, UTILIZATION, AND SEQUESTRA- Policy Act of 2005 (42 U.S.C. 16293) is amend- tings, including— TION ACTIVITIES.—The carbon capture, utili- ed— ‘‘(A) operating oil and gas fields; zation, and sequestration activities de- (1) by striking subsection (d) and inserting ‘‘(B) depleted oil and gas fields; scribed in paragraph (3)(B) shall be carried the following: ‘‘(C) residual oil zones; ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— out by the Assistant Secretary for Fossil En- ‘‘(D) unconventional reservoirs and rock There are authorized to be appropriated to ergy, in coordination with the heads of other types; the Secretary to carry out this section— relevant offices of the Department and the ‘‘(E) unmineable coal seams; ‘‘(1) $105,000,000 for fiscal year 2021; National Laboratories. ‘‘(F) saline formations in both sedimentary ‘‘(2) $110,250,000 for fiscal year 2022; ‘‘(6) CONSULTATIONS REQUIRED.—In carrying and basaltic geologies; ‘‘(3) $115,763,000 for fiscal year 2023; out the program, the Secretary shall— ‘‘(G) geologic systems that may be used as ‘‘(4) $121,551,000 for fiscal year 2024; and ‘‘(A) undertake international collabora- engineered reservoirs to extract economical ‘‘(5) $127,628,000 for fiscal year 2025.’’; tions, taking into consideration the rec- quantities of brine from geothermal re- (2) in subsection (c)— ommendations of the National Coal Council sources of low permeability or porosity; and (A) by striking paragraphs (5) and (6) and and the National Petroleum Council; ‘‘(H) geologic systems containing in situ inserting the following: ‘‘(B) use existing authorities to encourage carbon dioxide mineralization formations. ‘‘(f) COST SHARING.—Activities carried out international cooperation; and under this section shall be subject to the ‘‘(c) LARGE-SCALE CARBON SEQUESTRATION ‘‘(C) consult with interested entities, in- cost-sharing requirements of section 988.’’; DEMONSTRATION PROGRAM.— cluding— and ‘‘(1) IN GENERAL.—The Secretary shall es- ‘‘(i) coal and natural gas producers; (B) by redesignating paragraph (4) as sub- tablish a demonstration program under ‘‘(ii) industries that use coal and natural section (e) and indenting appropriately; which the Secretary shall provide funding gas; (3) in subsection (e) (as so redesignated)— for demonstration projects to collect and ‘‘(iii) organizations that promote coal, ad- (A) by redesignating subparagraphs (A) and validate information on the cost and feasi- vanced coal, and natural gas technologies; (B) as paragraphs (1) and (2), respectively, bility of commercial deployment of large- ‘‘(iv) environmental organizations; and indenting appropriately; and scale carbon sequestration technologies. ‘‘(v) organizations representing workers; (B) by striking ‘‘subsection’’ each place it ‘‘(2) EXISTING REGIONAL CARBON SEQUESTRA- and appears and inserting ‘‘section’’; and TION PARTNERSHIPS.—In carrying out para- ‘‘(vi) organizations representing con- (4) by striking the section designation and graph (1), the Secretary may provide addi- sumers. heading and all that follows through the end tional funding to regional carbon sequestra- ‘‘(c) REPORT.— of subsection (c)(3) and inserting the fol- tion partnerships that are carrying out or ‘‘(1) IN GENERAL.—Not later than 18 months lowing: have completed a large-scale carbon seques- after the date of enactment of the American ‘‘SEC. 963. CARBON STORAGE VALIDATION AND tration demonstration project under this Energy Innovation Act of 2020, the Secretary TESTING. section (as in effect on the day before the shall submit to Congress a report describing ‘‘(a) DEFINITIONS.—In this section: date of enactment of the American Energy the program goals and objectives adopted ‘‘(1) LARGE-SCALE CARBON SEQUESTRATION.— Innovation Act of 2020) for additional work under subsection (b)(3). The term ‘large-scale carbon sequestration’ on that project. ‘‘(2) UPDATE.—Not less frequently than means a scale that— ‘‘(3) DEMONSTRATION COMPONENTS.—Each once every 2 years after the initial report is ‘‘(A) demonstrates the ability to inject demonstration project carried out under this submitted under paragraph (1), the Secretary into geologic formations and sequester car- subsection shall include longitudinal tests shall submit to Congress a report describing bon dioxide; and involving carbon dioxide injection and moni- the progress made towards achieving the ‘‘(B) has a goal of sequestering not less toring, mitigation, and verification oper- program goals and objectives adopted under than 50 million metric tons of carbon dioxide ations. subsection (b)(3). over a 10-year period. ‘‘(4) CLEARINGHOUSE.—The National Energy ‘‘(d) FUNDING.— ‘‘(2) PROGRAM.—The term ‘program’ means Technology Laboratory shall act as a clear- ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— the program established under subsection inghouse of shared information and re- There are authorized to be appropriated to (b)(1). sources for—

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(G) identify emerging technologies and ap- carbon sequestration partnerships carrying ‘‘(b) DEMONSTRATION PROGRAMS FOR THE proaches for carbon utilization that show out a demonstration project under this sub- PURPOSE OF COMMERCIALIZATION.— promise for scale-up, demonstration, deploy- section; ‘‘(1) IN GENERAL.—Not later than 180 days ment, and commercialization; ‘‘(B) identifies the remaining challenges in after the date of enactment of this section, (H) analyze the factors associated with achieving large-scale carbon sequestration the Secretary shall establish a 2-year dem- making carbon utilization technologies via- that is reliable and safe for the environment onstration program in each of the 2 major ble at a commercial scale, including carbon and public health; and coal-producing regions of the United States waste stream availability, economics, mar- ‘‘(C) creates a roadmap for carbon storage for the purpose of partnering with private in- ket capacity, energy, and lifecycle require- research and development activities of the stitutions in coal mining regions to accel- ments; Department through 2025, with the goal of erate the commercial deployment of coal- (I)(i) assess the major technical challenges reducing economic and policy barriers to carbon products. associated with increasing the commercial commercial carbon sequestration. ‘‘(2) COST SHARING.—Activities under para- viability of carbon reuse technologies; and ‘‘(d) INTEGRATED STORAGE.— graph (1) shall be subject to the cost-sharing (ii) identify the research and development requirements of section 988. ‘‘(1) IN GENERAL.—The Secretary may tran- questions that will address the challenges ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— sition large-scale carbon sequestration dem- described in clause (i); There are authorized to be appropriated to onstration projects under subsection (c) into (J)(i) assess research efforts being carried the Secretary to carry out this section— integrated commercial storage complexes. out as of the date of the study, including ‘‘(1) $29,000,000 for fiscal year 2021; ‘‘(2) GOALS AND OBJECTIVES.—The goals and basic, applied, engineering, and computa- ‘‘(2) $30,250,000 for fiscal year 2022; objectives of the Secretary in seeking to tional research efforts, that are addressing ‘‘(3) $31,562,500 for fiscal year 2023; the challenges described in subparagraph transition large-scale carbon sequestration ‘‘(4) $32,940,625 for fiscal year 2024; and (I)(i); and demonstration projects into integrated com- ‘‘(5) $34,387,656 for fiscal year 2025.’’. mercial storage complexes under paragraph (ii) identify gaps in the research efforts (2) TECHNICAL AMENDMENT.—The table of under clause (i); (1) shall be— contents for the Energy Policy Act of 2005 (K) develop a comprehensive research ‘‘(A) to identify geologic storage sites that (Public Law 109–58; 119 Stat. 600) is amended agenda that addresses long- and short-term are able to accept large volumes of carbon by adding at the end of the items relating to research needs and opportunities; and dioxide acceptable for commercial contracts; subtitle F of title IX the following: ‘‘(B) to understand the technical and com- (L)(i) identify appropriate Federal agencies ‘‘Sec. 969. Carbon utilization program.’’. mercial viability of carbon dioxide geologic with capabilities to support small business (b) STUDY.— storage sites; and entities; and (1) IN GENERAL.—The Secretary shall enter (ii) determine what assistance the Federal ‘‘(C) to carry out any other activities nec- into an agreement with the National Acad- agencies identified under clause (i) could essary to transition the large-scale carbon emies of Sciences, Engineering, and Medicine provide to small business entities to further sequestration demonstration projects under under which the National Academies of the development and commercial deploy- subsection (c) into integrated commercial Sciences, Engineering, and Medicine shall ment of carbon dioxide-based products. storage complexes.’’. conduct a study to assess any barriers and (3) DEADLINE.—Not later than 180 days (b) TECHNICAL AMENDMENT.—The table of opportunities relating to commercializing after the date of enactment of this Act, the contents for the Energy Policy Act of 2005 carbon, coal-derived carbon, and carbon di- National Academies of Sciences, Engineer- (Public Law 109–58; 119 Stat. 600; 121 Stat. oxide in the United States. 1708) is amended by striking the item relat- ing, and Medicine shall submit to the Sec- (2) REQUIREMENTS.—The study under para- retary a report describing the results of the ing to section 963 and inserting the fol- graph (1) shall— study under paragraph (1). lowing: (A) analyze challenges to commercializing ‘‘Sec. 963. Carbon storage validation and carbon dioxide, including— SEC. 1405. CARBON REMOVAL. testing.’’. (i) expanding carbon dioxide pipeline ca- (a) IN GENERAL.—Subtitle F of title IX of (c) CONFORMING AMENDMENTS.— pacity; the Energy Policy Act of 2005 (42 U.S.C. 16291 et seq.) (as amended by section 1404(a)(1)) is (1) Section 703(a)(3) of the Department of (ii) mitigating environmental impacts; amended by adding at the end the following: Energy Carbon Capture and Sequestration (iii) access to capital; Research, Development, and Demonstration (iv) geographic barriers; and ‘‘SEC. 969A. CARBON REMOVAL. Act of 2007 (42 U.S.C. 17251(a)(3)) is amended, (v) regional economic challenges and op- ‘‘(a) ESTABLISHMENT.—The Secretary, in coordination with the heads of appropriate in the first sentence of the matter preceding portunities; Federal agencies, including the Secretary of subparagraph (A), by striking ‘‘section (B) identify potential markets, industries, Agriculture, shall establish a research, de- 963(c)(3)’’ and inserting ‘‘section 963(c)’’. or sectors that may benefit from greater ac- velopment, and demonstration program (re- (2) Section 704 of the Department of En- cess to commercial carbon dioxide; ferred to in this section as the ‘program’) to ergy Carbon Capture and Sequestration Re- (C) determine the feasibility of, and oppor- search, Development, and Demonstration test, validate, or improve technologies and tunities for, the commercialization of coal- strategies to remove carbon dioxide from the Act of 2007 (42 U.S.C. 17252) is amended, in derived carbon products, including for— the first sentence, by striking ‘‘section atmosphere on a large scale. (i) commercial purposes; ‘‘(b) INTRAAGENCY COORDINATION.—The Sec- 963(c)(3)’’ and inserting ‘‘section 963(c)’’. (ii) industrial purposes; retary shall ensure that the program in- SEC. 1404. CARBON UTILIZATION PROGRAM. (iii) defense and military purposes; cludes the coordinated participation of the (a) CARBON UTILIZATION PROGRAM.— (iv) agricultural purposes, including soil Office of Fossil Energy, the Office of Science, (1) IN GENERAL.—Subtitle F of title IX of amendments and fertilizers; and the Office of Energy Efficiency and Re- the Energy Policy Act of 2005 (42 U.S.C. 16291 (v) medical and pharmaceutical applica- newable Energy. et seq.) is amended by adding at the end the tions; ‘‘(c) PROGRAM ACTIVITIES.—The program following: (vi) construction and building applications; may include research, development, and ‘‘SEC. 969. CARBON UTILIZATION PROGRAM. (vii) energy applications; and demonstration activities relating to— ‘‘(a) IN GENERAL.—The Secretary shall es- (viii) production of critical minerals; ‘‘(1) direct air capture and storage tech- tablish a program of research, development, (D) assess— nologies; and demonstration for carbon utilization— (i) the state of infrastructure as of the date ‘‘(2) bioenergy with carbon capture and se- ‘‘(1) to assess and monitor— of the study; and questration; ‘‘(A) potential changes in lifecycle carbon (ii) any necessary updates to infrastruc- ‘‘(3) enhanced geological weathering; dioxide and other greenhouse gas emissions; ture to allow for the integration of safe and ‘‘(4) agricultural practices; and reliable carbon dioxide transportation, use, ‘‘(5) forest management and afforestation; ‘‘(B) other environmental safety indicators and storage; and of new technologies, practices, processes, or (E) describe the economic, climate, and en- ‘‘(6) planned or managed carbon sinks, in- methods used in enhanced hydrocarbon re- vironmental impacts of any well-integrated cluding natural and artificial.

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‘‘(d) REQUIREMENTS.—In developing and ‘‘(B) COMPETITIVE BASIS.—The Secretary Subtitle E—Nuclear identifying carbon removal technologies and shall select entities to receive grants under SEC. 1501. LIGHT WATER REACTOR SUSTAIN- strategies under the program, the Secretary this subsection on a competitive basis. ABILITY PROGRAM. shall consider— ‘‘(C) PRIORITY CRITERIA.—In selecting enti- Section 952 of the Energy Policy Act of ‘‘(1) land use changes, including impacts on ties to receive grants under this subsection, 2005 (42 U.S.C. 16272) is amended by striking natural and managed ecosystems; the Secretary shall prioritize applicants subsection (b) and inserting the following: ‘‘(2) ocean acidification; that— ‘‘(b) LIGHT WATER REACTOR SUSTAINABILITY ‘‘(3) net greenhouse gas emissions; ‘‘(i) have access to existing or planned re- PROGRAM.—The Secretary shall carry out a ‘‘(4) commercial viability; search facilities for direct air capture and light water reactor sustainability program— ‘‘(5) potential for near-term impact; storage technologies; ‘‘(1) to ensure the achievement of max- ‘‘(6) potential for carbon reductions on a ‘‘(ii) are institutions of higher education imum benefits from existing nuclear genera- gigaton scale; and with established expertise in engineering for tion; ‘‘(7) economic cobenefits. direct air capture and storage technologies, ‘‘(2) to accommodate the increase in appli- ‘‘(e) AIR CAPTURE TECHNOLOGY PRIZE COM- or partnerships with such institutions of cations for nuclear power plant license re- PETITION.— higher education; or newals expected as of the date of enactment ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(iii) have access to existing research and of this subsection; ‘‘(A) DILUTE MEDIA.—The term ‘dilute test facilities for bulk materials design and ‘‘(3) to enable the continued operation of media’ means media in which the concentra- testing, component design and testing, or existing nuclear power plants through tech- tion of carbon dioxide is less than 1 percent professional engineering design. nology development; by volume. ‘‘(4) FORMULA FOR AWARDING GRANTS.—The ‘‘(4) to improve the performance and re- ‘‘(B) PRIZE COMPETITION.—The term ‘prize Secretary may develop a formula for award- duce the operation and maintenance costs of competition’ means the competitive tech- ing grants under this subsection. nuclear power plants; nology prize competition established under ‘‘(5) SCHEDULE.— ‘‘(5) to promote the use of high-perform- paragraph (2). ‘‘(A) IN GENERAL.—Each grant awarded ance computing to simulate nuclear reactor ‘‘(2) ESTABLISHMENT.—Not later than 2 under this subsection shall be for a term of processes; years after the date of enactment of this sec- not more than 5 years, subject to the avail- ‘‘(6) to coordinate with other research and tion, the Secretary, in consultation with the ability of appropriations. development programs of the Office of Nu- Administrator of the Environmental Protec- ‘‘(B) RENEWAL.—The Secretary may renew clear Energy to ensure that developed tech- tion Agency, shall establish as part of the a grant for 1 or more additional 5-year nologies and capabilities are part of an inte- program a competitive technology prize terms, subject to a competitive merit review grated investment strategy, the overall focus competition to award prizes for carbon diox- and the availability of appropriations. of which is improving the safety, security, ide capture from dilute media. ‘‘(6) TERMINATION.—To the extent other- reliability, and economics of operating nu- ‘‘(3) REQUIREMENTS.—In carrying out this wise authorized by law, the Secretary may clear power plants; and subsection, the Secretary, in accordance eliminate, and terminate grant funding ‘‘(7) to focus on— with section 24 of the Stevenson-Wydler under this subsection for, a Center during ‘‘(A) new capabilities relating to nuclear Technology Innovation Act of 1980 (15 U.S.C. any 5-year term described in paragraph (5) if energy research and development; 3719), shall develop requirements for— the Secretary determines that the Center is ‘‘(B) enabling technologies beyond indi- ‘‘(A) the prize competition process; and underperforming. vidual programs; ‘‘(B) monitoring and verification proce- ‘‘(g) PILOT AND DEMONSTRATION ‘‘(C) coordinating capabilities among the research and development programs of the dures for projects selected to receive a prize PROJECTS.—In supporting the technology de- Office of Nuclear Energy; under the prize competition. velopment activities under this section, the ‘‘(4) ELIGIBLE PROJECTS.—To be eligible to ‘‘(D) examining new classes of materials Secretary is encouraged to support carbon be awarded a prize under the prize competi- not considered for nuclear applications; removal pilot and demonstration projects, tion, a project shall— ‘‘(E) high-risk research, which could poten- ‘‘(A) meet minimum performance stand- including— tially overcome technological limitations; ards set by the Secretary; ‘‘(1) pilot projects that test direct air cap- and ‘‘(B) meet minimum levels set by the Sec- ture systems capable of capturing 10 to 100 ‘‘(F) the potential for industry partner- retary for the capture of carbon dioxide from tonnes of carbon oxides per year to provide ships to develop technologies relating to dilute media; and data for demonstration-scale projects; and storage, hydrogen production, high-tempera- ‘‘(C) demonstrate in the application of the ‘‘(2) direct air capture demonstration ture process heat, and other relevant project for a prize— projects capable of capturing greater than areas.’’. 1,000 tonnes of carbon oxides per year. ‘‘(i) a design for a promising carbon cap- SEC. 1502. NUCLEAR ENERGY RESEARCH, DEVEL- ture technology that will— ‘‘(h) INTRAAGENCY COORDINATION.—The di- OPMENT, AND DEMONSTRATION. ‘‘(I) be operated on a demonstration scale; rect air capture activities carried out under Section 952 of the Energy Policy Act of and subsections (c)(1) and (e) shall be carried out 2005 (42 U.S.C. 16272) is amended by adding at ‘‘(II) have the potential to achieve signifi- in coordination with, and leveraging lessons the end the following: cant reduction in the level of carbon dioxide learned from, the coal and natural gas tech- ‘‘(e) ADVANCED REACTOR TECHNOLOGIES DE- in the atmosphere; nology program established under section VELOPMENT PROGRAM.— ‘‘(1) IN GENERAL.—The Secretary shall ‘‘(ii) a successful bench-scale demonstra- 962(b)(1). tion of a carbon capture technology; or carry out a program under which the Sec- ‘‘(iii) an operational carbon capture tech- ‘‘(i) ACCOUNTING.—The Secretary shall col- retary shall conduct research relating to the nology on a commercial scale. laborate with the Administrator of the Envi- development of innovative nuclear reactor ‘‘(f) DIRECT AIR CAPTURE TEST CENTER.— ronmental Protection Agency and the heads technologies that may offer improved safety, ‘‘(1) IN GENERAL.—Not later than 2 years of other relevant Federal agencies to develop functionality, and affordability. after the date of enactment of this section, and improve accounting frameworks and ‘‘(2) REQUIREMENTS.—The program under the Secretary shall award grants to 1 or tools to accurately measure carbon removal this subsection shall— more entities for the operation of 1 or more and sequestration methods and technologies ‘‘(A) support efforts to reduce long-term test centers (referred to in this subsection as across the Federal Government. technical barriers for advanced nuclear en- a ‘Center’) to provide unique testing capa- ergy systems; and ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— bilities for innovative direct air capture and ‘‘(B) be carried out in consultation with storage technologies. There are authorized to be appropriated to the Nuclear Regulatory Commission to en- ‘‘(2) PURPOSE.—Each Center shall— the Secretary to carry out this section— sure identification of any relevant con- ‘‘(A) advance research, development, dem- ‘‘(1) $75,000,000 for fiscal year 2021, of which cerns.’’. onstration, and commercial application of $15,000,000 shall be used to carry out sub- SEC. 1503. ADVANCED FUELS DEVELOPMENT. direct air capture and storage technologies; section (e); Section 953 of the Energy Policy Act of ‘‘(B) support large-scale pilot and dem- ‘‘(2) $63,500,000 for fiscal year 2022; 2005 (42 U.S.C. 16273) is amended— onstration projects and test direct air cap- ‘‘(3) $66,150,000 for fiscal year 2023; (1) by redesignating subsections (a) ture and storage technologies; ‘‘(4) $69,458,000 for fiscal year 2024; and through (d) as paragraphs (1), (3), (4), and (5), ‘‘(C) develop front-end engineering design ‘‘(5) $72,930,000 for fiscal year 2025.’’. respectively, and indenting appropriately; and economic analysis; and (b) TECHNICAL AMENDMENT.—The table of (2) in paragraph (1) (as so redesignated)— ‘‘(D) maintain a public record of pilot and contents for the Energy Policy Act of 2005 (A) by striking ‘‘this section’’ and insert- full-scale plant performance. (Public Law 109–58; 119 Stat. 600) (as amended ing ‘‘this subsection’’; ‘‘(3) SELECTION.— by section 1404(a)(2)) is amended by adding at (B) by striking ‘‘minimize environmental’’ ‘‘(A) IN GENERAL.—The Secretary shall se- the end of the items relating to subtitle F of and inserting ‘‘improve fuel cycle perform- lect entities to receive grants under this sub- title IX the following: ance while minimizing the cost and com- section according to such criteria as the Sec- plexity of processing, environmental im- retary may develop. ‘‘Sec. 969A. Carbon removal.’’. pacts,’’; and

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.056 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1380 CONGRESSIONAL RECORD — SENATE March 3, 2020 (C) by striking ‘‘the Generation IV’’; (5) in subsection (e), by striking ‘‘this sec- nificant improvements compared to the most (3) by inserting after paragraph (1) (as so tion’’ and inserting ‘‘this subsection’’; recent generation of fission reactors, includ- redesignated) the following: (6) in subsection (f)— ing improvements such as— ‘‘(2) CONSIDERATIONS.—In carrying out ac- (A) by striking ‘‘this section’’ and insert- ‘‘(i) additional inherent safety features; tivities under the program, the Secretary ing ‘‘this subsection’’; and ‘‘(ii) lower waste yields; shall consider the potential benefits of those (B) by striking ‘‘subsection (b)(2)’’ and in- ‘‘(iii) improved fuel performance; activities for civilian nuclear applications, serting ‘‘paragraph (2)(B)’’; ‘‘(iv) increased tolerance to loss of fuel environmental remediation, and national se- (7) by redesignating subsections (a) cooling; curity.’’; through (f) as paragraphs (1), (2), (3), (4), (6), ‘‘(v) enhanced reliability; (4) by inserting after paragraph (5) (as so and (7), respectively, and indenting appro- ‘‘(vi) increased proliferation resistance; redesignated) the following: priately; ‘‘(vii) increased thermal efficiency; ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— (8) by inserting after paragraph (4) (as so ‘‘(viii) reduced consumption of cooling There is authorized to be appropriated to the redesignated) the following: water; Secretary to carry out the program ‘‘(5) RADIOLOGICAL FACILITIES MANAGE- ‘‘(ix) the ability to integrate into electric $40,000,000 for each of fiscal years 2021 MENT.— applications and nonelectric applications; through 2025.’’; ‘‘(A) IN GENERAL.—The Secretary shall ‘‘(x) modular sizes to allow for deployment (5) by inserting before paragraph (1) (as so carry out a program under which the Sec- that corresponds with the demand for elec- redesignated) the following: retary shall provide project management, tricity; or ‘‘(a) MATERIAL RECOVERY AND WASTE FORM technical support, quality engineering and ‘‘(xi) operational flexibility to respond to DEVELOPMENT.—’’; and inspection, and nuclear material support to changes in demand for electricity and to (6) by adding at the end the following: research reactors located at universities. complement integration with intermittent ‘‘(b) ADVANCED FUELS.— ‘‘(B) AUTHORIZATION OF APPROPRIATIONS.— renewable energy; and ‘‘(1) IN GENERAL.—The Secretary shall In addition to any amounts appropriated to ‘‘(B) a fusion reactor. carry out a program to conduct research re- carry out the program under this subsection, ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— lating to— there is authorized to be appropriated to the The term ‘institution of higher education’ ‘‘(A) next-generation light water reactor Secretary to carry out the program under has the meaning given the term in section fuels that demonstrate improved— this paragraph $15,000,000 for each of fiscal 101(a) of the Higher Education Act of 1965 (20 ‘‘(i) performance; and years 2021 through 2025.’’; U.S.C. 1001(a)). ‘‘(ii) accident tolerance; and (9) by inserting before paragraph (1) (as so ‘‘(3) PROGRAM.—The term ‘Program’ means ‘‘(B) advanced reactor fuels that dem- the University Nuclear Leadership Program onstrate improved— redesignated) the following: ‘‘(a) UNIVERSITY NUCLEAR SCIENCE AND EN- established under subsection (b). ‘‘(i) proliferation resistance; and GINEERING SUPPORT.—’’; and ‘‘(b) ESTABLISHMENT.—The Secretary of ‘‘(ii) use of resources. (10) by adding at the end the following: Energy, the Administrator of the National ‘‘(2) REQUIREMENTS.—In carrying out the ‘‘(b) NUCLEAR ENERGY APPRENTICESHIP SUB- Nuclear Security Administration, and the program under this subsection, the Sec- PROGRAM.— Chairman of the Nuclear Regulatory Com- retary shall— ‘‘(1) ESTABLISHMENT.—In carrying out the mission shall jointly establish a program, to ‘‘(A) focus on the development of accident- program under subsection (a), the Secretary be known as the ‘University Nuclear Leader- tolerant fuel and cladding concepts that are shall establish a nuclear energy apprentice- ship Program’. capable of achieving initial commercializa- ship subprogram under which the Secretary ‘‘(c) USE OF FUNDS.— tion by December 31, 2025; shall establish competitively awarded ‘‘(1) IN GENERAL.—Except as provided in ‘‘(B) conduct studies regarding the means traineeships and apprenticeships in indus- paragraph (2), amounts made available to by which those concepts would impact reac- tries that are represented by skilled labor carry out the Program shall be used to pro- tor economics, the fuel cycle, operations, unions and with universities to provide fo- vide financial assistance for scholarships, safety, and the environment; cused, graduate-level training to meet high- fellowships, and research and development ‘‘(C) subject to paragraph (3), publish the ly focused needs through a tailored academic projects at institutions of higher education results of the studies conducted under sub- graduate program that delivers a curriculum in areas relevant to the programmatic mis- paragraph (B); and with a rigorous thesis or dissertation re- sion of the applicable Federal agency pro- ‘‘(D) cooperate with institutions of higher search requirement aligned with the critical viding the financial assistance with respect education through the Nuclear Energy Uni- needs of the Department with respect to mis- to research, development, demonstration, versity and Integrated Research Projects sion-driven workforce. and deployment activities for technologies programs of the Department. ‘‘(2) REQUIREMENTS.—In carrying out the relevant to advanced nuclear reactors, in- ‘‘(3) SENSITIVE INFORMATION.—The Sec- subprogram under this subsection, the Sec- cluding relevant fuel cycle technologies. retary shall not publish any information retary shall— ‘‘(2) EXCEPTION.—Notwithstanding para- under paragraph (2)(C) that is detrimental to ‘‘(A) encourage appropriate partnerships graph (1), amounts made available to carry national security, as determined by the Sec- among National Laboratories, affected uni- out the Program may be used to provide fi- retary. versities, and industry; and nancial assistance for a scholarship, fellow- ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) on an annual basis, evaluate the needs ship, or multiyear research and development There is authorized to be appropriated to the of the nuclear energy community to imple- project that does not align directly with a Secretary to carry out the program under ment traineeships for focused topical areas programmatic mission of the applicable Fed- this subsection $120,000,000 for each of fiscal addressing mission-specific workforce needs. eral agency providing the financial assist- years 2021 through 2025.’’. ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— ance, if the activity for which assistance is SEC. 1504. NUCLEAR SCIENCE AND ENGINEERING provided would facilitate the maintenance of SUPPORT. There is authorized to be appropriated to the Secretary to carry out the subprogram under the discipline of nuclear science or nuclear (a) IN GENERAL.—Section 954 of the Energy engineering. Policy Act of 2005 (42 U.S.C. 16274) is amend- this subsection $5,000,000 for each of fiscal years 2021 through 2025.’’. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ed— There are authorized to be appropriated to (1) in the section heading, by striking (b) CONFORMING AMENDMENT.—The table of contents of the Energy Policy Act of 2005 carry out the Program for fiscal year 2021 ‘‘UNIVERSITY NUCLEAR’’ and inserting and each fiscal year thereafter— (Public Law 109–58; 119 Stat. 600) is amended ‘‘NUCLEAR’’; ‘‘(1) $30,000,000 to the Secretary of Energy, by striking the item relating to section 954 (2) in subsection (b)— of which $15,000,000 shall be for use by the and inserting the following: (A) in the matter preceding paragraph (1), Administrator of the National Nuclear Secu- by striking ‘‘this section’’ and inserting ‘‘Sec. 954. Nuclear science and engineering rity Administration; and ‘‘this subsection’’; and support.’’. ‘‘(2) $15,000,000 to the Nuclear Regulatory (B) by redesignating paragraphs (1) SEC. 1505. UNIVERSITY NUCLEAR LEADERSHIP Commission.’’. PROGRAM. through (5) as subparagraphs (A) through (E), SEC. 1506. VERSATILE, REACTOR-BASED FAST respectively, and indenting appropriately; Section 313 of the Energy and Water Devel- NEUTRON SOURCE. (3) in subsection (c), by redesignating para- opment and Related Agencies Appropriations Section 955(c)(1) of the Energy Policy Act graphs (1) and (2) as subparagraphs (A) and Act, 2009 (42 U.S.C. 16274a), is amended to of 2005 (42 U.S.C. 16275(c)(1)) is amended— (B), respectively, and indenting appro- read as follows: (1) in the paragraph heading, by striking priately; ‘‘SEC. 313. UNIVERSITY NUCLEAR LEADERSHIP ‘‘MISSION NEED’’ and inserting ‘‘AUTHORIZA- (4) in subsection (d)— PROGRAM. TION’’; and (A) in the matter preceding paragraph (1), ‘‘(a) DEFINITIONS.—In this section: (2) in subparagraph (A), by striking ‘‘deter- by striking ‘‘this section’’ and inserting ‘‘(1) ADVANCED NUCLEAR REACTOR.—The mine the mission need’’ and inserting ‘‘pro- ‘‘this subsection’’; and term ‘advanced nuclear reactor’ means— vide’’. (B) by redesignating paragraphs (1) ‘‘(A) a nuclear fission reactor, including a SEC. 1507. ADVANCED NUCLEAR REACTOR RE- through (4) as subparagraphs (A) through prototype plant (as defined in sections 50.2 SEARCH AND DEVELOPMENT GOALS. (D), respectively, and indenting appro- and 52.1 of title 10, Code of Federal Regula- (a) IN GENERAL.—Subtitle E of title IX of priately; tions (or successor regulations)), with sig- the Energy Policy Act of 2005 (42 U.S.C. 16271

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.056 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1381 et seq.) is amended by adding at the end the ‘‘(A) include diversity in designs for the ad- ‘‘(ii) could be demonstrated within the following: vanced nuclear reactors demonstrated under timeframe described in paragraph (1)(B); ‘‘SEC. 959A. ADVANCED NUCLEAR REACTOR RE- this section, including designs using var- ‘‘(B) identify technical challenges to the SEARCH AND DEVELOPMENT GOALS. ious— candidate technologies identified in subpara- ‘‘(a) DEFINITIONS.—In this section: ‘‘(i) primary coolants; graph (A); ‘‘(1) ADVANCED NUCLEAR REACTOR.—The ‘‘(ii) fuel types and compositions; and ‘‘(C) support near-term research and devel- term ‘advanced nuclear reactor’ means— ‘‘(iii) neutron spectra; opment to address the highest-risk technical ‘‘(A) a nuclear fission reactor, including a ‘‘(B) seek to ensure that— challenges to the successful demonstration prototype plant (as defined in sections 50.2 ‘‘(i) the long-term cost of electricity or of a selected advanced reactor technology, in and 52.1 of title 10, Code of Federal Regula- heat for each design to be demonstrated accordance with— tions (or successor regulations)), with sig- under this subsection is cost-competitive in ‘‘(i) subparagraph (B); and nificant improvements compared to the most the applicable market; ‘‘(ii) the research and development activi- recent generation of fission reactors, includ- ‘‘(ii) the selected projects can meet the ties under sections 952 and 958; ing improvements such as— deadline established in paragraph (1) to dem- ‘‘(D) establish such technology advisory ‘‘(i) additional inherent safety features; onstrate first-of-a-kind advanced nuclear re- working groups as the Secretary determines ‘‘(ii) lower waste yields; actor technologies, for which additional in- to be appropriate to advise the Secretary re- ‘‘(iii) improved fuel performance; formation shall be considered, including— garding the technical challenges identified ‘‘(iv) increased tolerance to loss of fuel ‘‘(I) the technology readiness level of a pro- under subparagraph (B) and the scope of re- cooling; posed advanced nuclear reactor technology; search and development programs to address ‘‘(v) enhanced reliability; ‘‘(II) the technical abilities and qualifica- the challenges, in accordance with subpara- ‘‘(vi) increased proliferation resistance; tions of teams desiring to demonstrate a pro- graph (C), to be comprised of— ‘‘(vii) increased thermal efficiency; posed advanced nuclear reactor technology; ‘‘(i) private-sector advanced nuclear reac- ‘‘(viii) reduced consumption of cooling and tor technology developers; water; ‘‘(III) the capacity to meet cost-share re- ‘‘(ii) technical experts with respect to the ‘‘(ix) the ability to integrate into electric quirements of the Department; relevant technologies at institutions of high- applications and nonelectric applications; ‘‘(C) ensure that each evaluation of can- er education; and ‘‘(x) modular sizes to allow for deployment didate technologies for the demonstration ‘‘(iii) technical experts at the National that corresponds with the demand for elec- projects is completed through an external re- Laboratories. tricity; or view of proposed designs, which review ‘‘(d) GOALS.— ‘‘(xi) operational flexibility to respond to shall— ‘‘(1) IN GENERAL.—The Secretary shall es- changes in demand for electricity and to ‘‘(i) be conducted by a panel that includes tablish goals for research relating to ad- complement integration with intermittent not fewer than 1 representative of each of— vanced nuclear reactors facilitated by the renewable energy; and ‘‘(I) an electric utility; and Department that support the objectives of ‘‘(B) a fusion reactor. ‘‘(II) an entity that uses high-temperature the program for demonstration projects es- ‘‘(2) DEMONSTRATION PROJECT.—The term process heat for manufacturing or industrial tablished under subsection (c). ‘demonstration project’ means an advanced processing, such as a petrochemical com- ‘‘(2) COORDINATION.—In developing the nuclear reactor operated in any manner, in- pany, a manufacturer of metals, or a manu- goals under paragraph (1), the Secretary cluding as part of the power generation fa- facturer of concrete; shall coordinate, on an ongoing basis, with cilities of an electric utility system, for the ‘‘(ii) include a review of cost-competitive- members of private industry to advance the purpose of demonstrating the suitability for ness and other value streams, together with demonstration of various designs of ad- commercial application of the advanced nu- the technology readiness level, of each de- vanced nuclear reactors. clear reactor. sign to be demonstrated under this sub- ‘‘(3) REQUIREMENTS.—In developing the ‘‘(b) PURPOSE.—The purpose of this section section; and goals under paragraph (1), the Secretary is to direct the Secretary, as soon as prac- ‘‘(iii) not be required for a demonstration shall ensure that— ticable after the date of enactment of this project that receives no financial assistance ‘‘(A) research activities facilitated by the section, to advance the research and develop- from the Department for construction costs; Department to meet the goals developed ment of domestic advanced, affordable, and ‘‘(D) for federally funded demonstration under this subsection are focused on key clean nuclear energy by— projects, enter into cost-sharing agreements areas of nuclear research and deployment ‘‘(1) demonstrating different advanced nu- with private sector partners in accordance ranging from basic science to full-design de- clear reactor technologies that could be used with section 988 for the conduct of activities velopment, safety evaluation, and licensing; by the private sector to produce— relating to the research, development, and ‘‘(B) research programs designed to meet ‘‘(A) emission-free power at a levelized cost demonstration of private-sector advanced the goals emphasize— of electricity of $60 per megawatt-hour or nuclear reactor designs under the program; ‘‘(i) resolving materials challenges relating less; ‘‘(E) work with private sector partners to to extreme environments, including ex- ‘‘(B) heat for community heating, indus- identify potential sites, including Depart- tremely high levels of— trial purposes, or synthetic fuel production; ment-owned sites, for demonstrations, as ap- ‘‘(I) radiation fluence; ‘‘(C) remote or off-grid energy supply; or propriate; ‘‘(II) temperature; ‘‘(D) backup or mission-critical power sup- ‘‘(F) align specific activities carried out ‘‘(III) pressure; and plies; under demonstration projects carried out ‘‘(IV) corrosion; and ‘‘(2) developing subgoals for nuclear energy under this subsection with priorities identi- ‘‘(ii) qualification of advanced fuels; research programs that would accomplish fied through direct consultations between— ‘‘(C) activities are carried out that address the goals of the demonstration projects car- ‘‘(i) the Department; near-term challenges in modeling and sim- ried out under subsection (c); ‘‘(ii) National Laboratories; ulation to enable accelerated design and li- ‘‘(3) identifying research areas that the pri- ‘‘(iii) institutions of higher education; censing; vate sector is unable or unwilling to under- ‘‘(iv) traditional end-users (such as electric ‘‘(D) related technologies, such as tech- take due to the cost of, or risks associated utilities); nologies to manage, reduce, or reuse nuclear with, the research; and ‘‘(v) potential end-users of new tech- waste, are developed; ‘‘(4) facilitating the access of the private nologies (such as users of high-temperature ‘‘(E) nuclear research infrastructure is sector— process heat for manufacturing processing, maintained or constructed, such as— ‘‘(A) to Federal research facilities and per- including petrochemical companies, manu- ‘‘(i) currently operational research reac- sonnel; and facturers of metals, or manufacturers of con- tors at the National Laboratories and insti- ‘‘(B) to the results of research relating to crete); and tutions of higher education; civil nuclear technology funded by the Fed- ‘‘(vi) developers of advanced nuclear reac- ‘‘(ii) hot cell research facilities; eral Government. tor technology; and ‘‘(iii) a versatile fast neutron source; and ‘‘(c) DEMONSTRATION PROJECTS.— ‘‘(G) seek to ensure that the demonstration ‘‘(iv) a molten salt testing facility; ‘‘(1) IN GENERAL.—The Secretary shall, to projects carried out under paragraph (1) do ‘‘(F) basic knowledge of non-light water the maximum extent practicable— not cause any delay in a deployment of an coolant physics and chemistry is improved; ‘‘(A) enter into agreements to complete advanced reactor by private industry and the ‘‘(G) advanced sensors and control systems not fewer than 2 demonstration projects by Department that is underway as of the date are developed; and not later than December 31, 2025; and of enactment of this section. ‘‘(H) advanced manufacturing and ad- ‘‘(B) establish a program to enter into ‘‘(3) ADDITIONAL REQUIREMENTS.—In car- vanced construction techniques and mate- agreements to complete 1 additional oper- rying out demonstration projects under rials are investigated to reduce the cost of ational demonstration project by not later paragraph (1), the Secretary shall— advanced nuclear reactors.’’. than December 31, 2035. ‘‘(A) identify candidate technologies that— (b) TABLE OF CONTENTS.—The table of con- ‘‘(2) REQUIREMENTS.—In carrying out dem- ‘‘(i) are not developed sufficiently for dem- tents of the Energy Policy Act of 2005 (Pub- onstration projects under paragraph (1), the onstration within the initial required time- lic Law 109–58; 119 Stat. 594; 132 Stat. 3160) is Secretary shall— frame described in paragraph (1)(A); but amended—

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.056 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1382 CONGRESSIONAL RECORD — SENATE March 3, 2020 (1) in the item relating to section 917, by means uranium with an assay greater than 5 describes actions proposed to be carried out striking ‘‘Efficiency’’; weight percent, but less than 20 weight per- by the Secretary— (2) in the items relating to each of sections cent, of the uranium-235 isotope. ‘‘(A) under the program under subsection 957, 958, and 959 by inserting ‘‘Sec.’’ before ‘‘(3) HIGH-ENRICHED URANIUM.—The term (b); or the item number; and ‘high-enriched uranium’ means uranium ‘‘(B) otherwise to enable the commercial (3) by inserting after the item relating to with an assay of 20 weight percent or more of use of high-assay, low-enriched uranium. section 959 the following: the uranium-235 isotope. ‘‘(2) COORDINATION AND STAKEHOLDER ‘‘Sec. 959A. Advanced nuclear reactor re- ‘‘(b) HIGH-ASSAY, LOW-ENRICHED URANIUM INPUT.—In developing the report under this search and development PROGRAM FOR ADVANCED REACTORS.— subsection, the Secretary shall seek input goals.’’. ‘‘(1) ESTABLISHMENT.—Not later than 1 year from— ‘‘(A) the Nuclear Regulatory Commission; SEC. 1508. NUCLEAR ENERGY STRATEGIC PLAN. after the date of enactment of this section, the Secretary shall establish a program to ‘‘(B) the National Laboratories; (a) IN GENERAL.—Subtitle E of title IX of ‘‘(C) institutions of higher education; the Energy Policy Act of 2005 (42 U.S.C. 16271 make available high-assay, low-enriched ura- nium, through contracts for sale, resale, ‘‘(D) producers of medical isotopes; et seq.) (as amended by section 1507(a)) is ‘‘(E) a diverse group of entities operating amended by adding at the end the following: transfer, or lease, for use in commercial or noncommercial advanced nuclear reactors. in the nuclear energy industry; and ‘‘SEC. 959B. NUCLEAR ENERGY STRATEGIC PLAN. ‘‘(2) NUCLEAR FUEL OWNERSHIP.—Each lease ‘‘(F) a diverse group of technology devel- ‘‘(a) IN GENERAL.—Not later than 180 days under this subsection shall include a provi- opers. after the date of enactment of this section, sion establishing that the high-assay, low- ‘‘(3) COST AND SCHEDULE ESTIMATES.—The the Secretary shall submit to the Committee enriched uranium that is the subject of the report under this subsection shall include es- on Energy and Natural Resources of the Sen- lease shall remain the property of the De- timated costs, budgets, and timeframes for ate and the Committees on Energy and Com- partment, including with respect to responsi- enabling the use of high-assay, low-enriched merce and Science, Space, and Technology of bility for the storage, use, or final disposi- uranium. the House of Representatives a 10-year stra- tion of all radioactive waste created by the ‘‘(4) REQUIRED EVALUATIONS.—The report tegic plan for the Office of Nuclear Energy of irradiation, processing, or purification of under this subsection shall evaluate— ‘‘(A) the costs and actions required to es- the Department, in accordance with this sec- any leased high-assay, low-enriched ura- tablish and carry out the program under sub- tion. nium. ‘‘(b) REQUIREMENTS.— section (b), including with respect to— ‘‘(3) QUANTITY.—In carrying out the pro- ‘‘(i) proposed preliminary terms for the ‘‘(1) COMPONENTS.—The strategic plan gram under this subsection, the Secretary sale, resale, transfer, and leasing of high- under this section shall designate— shall make available— assay, low-enriched uranium (including ‘‘(A) programs that support the planned ac- ‘‘(A) by December 31, 2022, high-assay, low- guidelines defining the roles and responsibil- complishment of— enriched uranium containing not less than 2 ities between the Department and the pur- ‘‘(i) the goals established under section metric tons of the uranium-235 isotope; and chaser, transfer recipient, or lessee); and 959A; and ‘‘(B) by December 31, 2025, high-assay, low- ‘‘(ii) the potential to coordinate with pur- ‘‘(ii) the demonstration programs identi- enriched uranium containing not less than 10 fied under subsection (c) of that section; and chasers, transfer recipients, and lessees re- metric tons of the uranium-235 isotope (as garding— ‘‘(B) programs that— determined including the quantities of the ‘‘(i) do not support the planned accom- ‘‘(I) fuel fabrication; and uranium-235 isotope made available before ‘‘(II) fuel transport; plishment of demonstration programs, or the December 31, 2022). goals, referred to in subparagraph (A); but ‘‘(B) the potential sources and fuel forms ‘‘(4) FACTORS FOR CONSIDERATION.—In car- available to provide uranium for the pro- ‘‘(ii) are important to the mission of the rying out the program under this subsection, Office of Nuclear Energy, as determined by gram under subsection (b); the Secretary shall take into consideration— ‘‘(C) options to coordinate the program the Secretary. ‘‘(A) options for providing the high-assay, ‘‘(2) PROGRAM PLANNING.—In developing the under subsection (b) with the operation of low-enriched uranium under this subsection the versatile, reactor-based fast neutron strategic plan under this section, the Sec- from a stockpile of uranium owned by the retary shall specify expected timelines for, source under section 959A; Department (including the National Nuclear ‘‘(D) the ability of the domestic uranium as applicable— Security Administration), including— ‘‘(A) the accomplishment of relevant objec- market to provide materials for advanced ‘‘(i) fuel that— nuclear reactor fuel; and tives under current programs of the Depart- ‘‘(I) directly meets the needs of an end- ment; or ‘‘(E) any associated legal, regulatory, and user; but policy issues that should be addressed to en- ‘‘(B) the commencement of new programs ‘‘(II) has been previously used or fabricated to accomplish those objectives. able— for another purpose; ‘‘(i) the program under subsection (b); and ‘‘(c) UPDATES.—Not less frequently than ‘‘(ii) fuel that can meet the needs of an once every 2 years, the Secretary shall sub- ‘‘(ii) the establishment of a domestic in- end-user after removing radioactive or other dustry capable of providing high-assay, low- mit to the Committee on Energy and Nat- contaminants that resulted from a previous ural Resources of the Senate and the Com- enriched uranium for commercial and non- use or fabrication of the fuel for research, de- commercial purposes, including with respect mittees on Energy and Commerce and velopment, demonstration, or deployment Science, Space, and Technology of the House to the needs of— activities of the Department (including ac- ‘‘(I) the Department; of Representatives an updated 10-year stra- tivities of the National Nuclear Security Ad- tegic plan in accordance with subsection (b), ‘‘(II) the Department of Defense; and ministration); and ‘‘(III) the National Nuclear Security Ad- which shall identify, and provide a justifica- ‘‘(iii) fuel from a high-enriched uranium tion for, any major deviation from a previous ministration. stockpile, which can be blended with lower- ‘‘(d) HALEU TRANSPORTATION PACKAGE RE- strategic plan submitted under this sec- assay uranium to become high-assay, low-en- tion.’’. SEARCH PROGRAM.— riched uranium to meet the needs of an end- ‘‘(1) IN GENERAL.—As soon as practicable (b) TABLE OF CONTENTS.—The table of con- user; and tents of the Energy Policy Act of 2005 (Pub- after the date of enactment of this section, ‘‘(B) requirements to support molybdenum- the Secretary shall establish a research, de- lic Law 109–58; 119 Stat. 594; 132 Stat. 3160) (as 99 production under the American Medical amended by section 1507(b)(3)) is amended by velopment, and demonstration program Isotopes Production Act of 2012 (Public Law under which the Secretary shall provide fi- inserting after the item relating to section 112–239; 126 Stat. 2211). 959A the following: nancial assistance, on a competitive basis, to ‘‘(5) LIMITATION.—The Secretary shall not establish the capability to transport high- ‘‘Sec. 959B. Nuclear energy strategic plan.’’. barter or otherwise sell or transfer uranium assay, low-enriched uranium. SEC. 1509. ADVANCED NUCLEAR FUEL SECURITY in any form in exchange for services relating ‘‘(2) REQUIREMENT.—The focus of the pro- PROGRAM. to the final disposition of radioactive waste gram under this subsection shall be to estab- (a) IN GENERAL.—Subtitle E of title IX of from uranium that is the subject of a lease lish 1 or more HALEU transportation pack- the Energy Policy Act of 2005 (42 U.S.C. 16271 under this subsection. ages that can be certified by the Nuclear et seq.) (as amended by section 1508(a)) is ‘‘(6) SUNSET.—The program under this sub- Regulatory Commission to transport high- amended by adding at the end the following: section shall terminate on the earlier of— assay, low-enriched uranium to the various ‘‘SEC. 960. ADVANCED NUCLEAR FUEL SECURITY ‘‘(A) January 1, 2035; and facilities involved in producing or using nu- PROGRAM. ‘‘(B) the date on which uranium enriched clear fuel containing high-assay, low-en- ‘‘(a) DEFINITIONS.—In this section: up to, but not equal to, 20 weight percent can riched uranium, such as— ‘‘(1) HALEU TRANSPORTATION PACKAGE.— be obtained in the commercial market from ‘‘(A) enrichment facilities; The term ‘HALEU transportation package’ domestic suppliers. ‘‘(B) fuel processing facilities; means a transportation package that is suit- ‘‘(c) REPORT.— ‘‘(C) fuel fabrication facilities; and able for transporting high-assay, low-en- ‘‘(1) IN GENERAL.—Not later than 180 days ‘‘(D) nuclear reactors.’’. riched uranium. after the date of enactment of this section, (b) CLERICAL AMENDMENT.—The table of ‘‘(2) HIGH-ASSAY, LOW-ENRICHED URANIUM.— the Secretary shall submit to the appro- contents of the Energy Policy Act of 2005 The term ‘high-assay, low-enriched uranium’ priate committees of Congress a report that (Public Law 109–58; 119 Stat. 594; 132 Stat.

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.056 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1383 3160) (as amended by section 1508(b)) is (iii) to expand the use of emissions-reduc- (1) by striking ‘‘Industrial Technologies amended by inserting after the item relating ing energy technologies into nonelectric sec- Program’’ each place it appears and insert- to section 959B the following: tors to achieve significant reductions in en- ing ‘‘Advanced Manufacturing Office’’; and ‘‘Sec. 960. Advanced nuclear fuel security vironmental emissions. (2) in the matter preceding paragraph (1), program.’’. (B) PROGRAM ADMINISTRATION; PARTNERS.— by striking ‘‘Office of Energy’’ and all that SEC. 1510. INTERNATIONAL NUCLEAR ENERGY The program shall be carried out by the follows through ‘‘Office of Science’’ and in- COOPERATION. Under Secretary of Energy, in partnership serting ‘‘Department of Energy’’. (a) IN GENERAL.—Subtitle H of Title IX of with— SEC. 1603. INDUSTRIAL EMISSIONS REDUCTION the Energy Policy Act of 2005 (42 U.S.C. 16341 (i) relevant offices within the Department; TECHNOLOGY DEVELOPMENT PRO- et seq.) is amended by adding at the end the (ii) National Laboratories; GRAM. following: (iii) institutions of higher education; and (a) IN GENERAL.—The Energy Independence (iv) the private sector. ‘‘SEC. 986B. INTERNATIONAL NUCLEAR ENERGY and Security Act of 2007 is amended by in- COOPERATION. (C) GOALS AND MILESTONES.—The Secretary serting after section 454 (as added by section ‘‘(a) IN GENERAL.—The Secretary shall shall establish quantitative goals and mile- 1022(b)) the following: stones for the program. carry out a program to develop bilateral col- ‘‘SEC. 455. INDUSTRIAL EMISSIONS REDUCTION laboration initiatives with a variety of coun- (2) RESEARCH AREAS.—Research areas under TECHNOLOGY DEVELOPMENT PRO- tries through— the program may include— GRAM. (A) technology innovation to further the ‘‘(1) research and development agreements; ‘‘(a) DEFINITIONS.—In this section: expansion of emissions-reducing energy tech- ‘‘(2) other relevant arrangements and ac- ‘‘(1) DIRECTOR.—The term ‘Director’ means tion plan updates; and nologies to accommodate a modern, resilient the Director of the Office of Science and grid system by— ‘‘(3) maintaining existing multilateral co- Technology Policy. (i) effectively leveraging multiple energy operation commitments of— ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible sources; ‘‘(A) the International Framework for Nu- entity’ means— (ii) enhancing and streamlining engineer- clear Energy Cooperation; ‘‘(A) a scientist or other individual with ing design; ‘‘(B) the Generation IV International knowledge and expertise in emissions reduc- (iii) carrying out process demonstrations Forum; tion; to optimize performance; and ‘‘(C) the International Atomic Energy ‘‘(B) an institution of higher education; (iv) streamlining regulatory review; Agency; and ‘‘(C) a nongovernmental organization; (B) advanced power cycles, energy extrac- ‘‘(D) any other international collaborative ‘‘(D) a National Laboratory; tion, and processing of complex hydro- effort with respect to advanced nuclear reac- carbons to produce high-value chemicals; ‘‘(E) a private entity; and tor operations and safety. (C) efficient use of emissions-reducing en- ‘‘(F) a partnership or consortium of 2 or ‘‘(b) SUBPROGRAM.— ergy technologies for hydrogen production to more entities described in subparagraphs (B) ‘‘(1) IN GENERAL.—In carrying out the pro- support transportation and industrial needs; through (E). gram under subsection (a), the Secretary (D) enhancement and acceleration of do- ‘‘(3) EMISSIONS REDUCTION.— shall establish a subprogram that shall— mestic manufacturing and desalinization ‘‘(A) IN GENERAL.—The term ‘emissions re- ‘‘(A) support diplomatic, nonproliferation, technologies and processes by optimally duction’ means the reduction, to the max- climate, and international economic objec- using clean energy sources; imum extent practicable, of net nonwater tives for the safe, secure, and peaceful use of (E) more effective thermal energy use, greenhouse gas emissions to the atmosphere nuclear technology in countries developing transport, and storage; by energy services and industrial processes. nuclear energy programs, with a focus on (F) the demonstration of nuclear energy ‘‘(B) EXCLUSION.—The term ‘emissions re- countries that have increased civil nuclear delivery for— duction’ does not include the elimination of cooperation with Russia and China; and (i) the production of chemicals, metals, carbon embodied in the principal products of ‘‘(B) be modeled after the International and fuels; industrial manufacturing. Military Education and Training program of (ii) the capture, use, and storage of carbon; ‘‘(4) INSTITUTION OF HIGHER EDUCATION.— the Department of State. (iii) renewable integration with an inte- The term ‘institution of higher education’ ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— grated energy system; and has the meaning given the term in section There is authorized to be appropriated to the (iv) conversion of carbon feedstock, such as 101 of the Higher Education Act of 1965 (20 Secretary to carry out the subprogram under coal, biomass, natural gas, and refuse waste, U.S.C. 1001). this subsection $5,500,000 for each of fiscal to higher value nonelectric commodities; ‘‘(5) PROGRAM.—The term ‘program’ means years 2021 through 2025. (G) the development of new analysis capa- the program established under subsection ‘‘(c) REQUIREMENTS.—The program under bilities to identify the best ways— (b)(1). subsection (a) shall be carried out— (i) to leverage multiple energy sources in a ‘‘(b) INDUSTRIAL EMISSIONS REDUCTION ‘‘(1) to facilitate, to the maximum extent given region; and TECHNOLOGY DEVELOPMENT PROGRAM.— practicable, workshops and expert-based ex- (ii) to quantify the benefits of integrated ‘‘(1) IN GENERAL.—Not later than 1 year changes to engage industry, stakeholders, energy systems; and after the date of enactment of the American and foreign governments regarding inter- (H) any other area that, as determined by Energy Innovation Act of 2020, the Sec- national civil nuclear issues, such as train- the Secretary, meets the purpose and goals retary, in consultation with the Director, ing, financing, safety, and options for multi- of the program. the heads of relevant Federal agencies, Na- national cooperation on used nuclear fuel (3) GRANTS.—The Secretary may award tional Laboratories, industry, and institu- disposal; and grants under the program to support the tions of higher education, shall establish a ‘‘(2) in coordination with— goals of the program. crosscutting industrial emissions reduction ‘‘(A) the National Security Council; (b) REPORT ON DUPLICATIVE PROGRAMS.— technology development program of re- ‘‘(B) the Secretary of State; Not later than 1 year after the date of enact- search, development, demonstration, and ‘‘(C) the Secretary of Commerce; and ment of this Act, and annually thereafter, commercial application to further the devel- ‘‘(D) the Nuclear Regulatory Commis- the Secretary shall submit to Congress a re- opment and commercialization of innovative sion.’’. port identifying any program that is duplica- technologies that— (b) CONFORMING AMENDMENT.—The table of tive of the program established under sub- ‘‘(A) increase the technological and eco- contents of the Energy Policy Act of 2005 section (a)(1)(A). nomic competitiveness of industry and man- (Public Law 109–58; 119 Stat. 600) is amended Subtitle F—Industrial Technologies ufacturing in the United States; by inserting after the item relating to sec- PART I—INNOVATION ‘‘(B) increase the viability and competi- tion 986A the following: tiveness of United States industrial tech- SEC. 1601. PURPOSE. ‘‘Sec. 986B. International nuclear energy co- nology exports; and The purpose of this part and the amend- operation.’’. ments made by this part is to encourage the ‘‘(C) achieve emissions reduction in SEC. 1511. INTEGRATED ENERGY SYSTEMS PRO- development and evaluation of innovative nonpower industrial sectors. GRAM. technologies aimed at increasing— ‘‘(2) COORDINATION.—In carrying out the (a) PROGRAM.— (1) the technological and economic com- program, the Secretary shall— (1) ESTABLISHMENT.— petitiveness of industry and manufacturing ‘‘(A) coordinate with each relevant office (A) IN GENERAL.—The Secretary shall es- in the United States; and in the Department and any other Federal tablish a program, to be known as the ‘‘Inte- (2) the emissions reduction of nonpower in- agency; grated Energy Systems Program’’ (referred dustrial sectors. ‘‘(B) coordinate and collaborate with the to in this subsection as the ‘‘program’’)— Industrial Technology Innovation Advisory SEC. 1602. COORDINATION OF RESEARCH AND (i) to maximize energy production and effi- DEVELOPMENT OF ENERGY EFFI- Committee established under section 456; and ciency; CIENT TECHNOLOGIES FOR INDUS- ‘‘(C) coordinate and seek to avoid duplica- (ii) to develop energy systems involving TRY. tion with the energy-intensive industries the integration of nuclear energy with re- Section 6(a) of the American Energy Manu- program established under section 452. newable energy, fossil energy, and energy facturing Technical Corrections Act (42 ‘‘(3) LEVERAGE OF EXISTING RESOURCES.—In storage; and U.S.C. 6351(a)) is amended— carrying out the program, the Secretary

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shall leverage, to the maximum extent prac- ‘‘(d) GRANTS, CONTRACTS, COOPERATIVE ‘‘(E) not less than 2 representatives of non- ticable— AGREEMENTS, AND DEMONSTRATION governmental organizations; ‘‘(A) existing resources and programs of PROJECTS.— ‘‘(F) not less than 6 representatives of the Department and other relevant Federal ‘‘(1) GRANTS.—In carrying out the program, small- and large-scale industry, the collec- agencies; and the Secretary shall award grants on a com- tive expertise of which shall cover every ‘‘(B) public-private partnerships. petitive basis to eligible entities for projects focus area described in section 455(c); and that the Secretary determines would best ‘‘(G) any other individuals the Secretary, ‘‘(c) FOCUS AREAS.—The program shall achieve the goals of the program. in coordination with the Director, deter- focus on— ‘‘(2) CONTRACTS AND COOPERATIVE AGREE- mines to be necessary to ensure that the ‘‘(1) industrial production processes, in- MENTS.—In carrying out the program, the Committee is comprised of a diverse group of cluding technologies and processes that— Secretary may enter into contracts and co- representatives of industry, academia, inde- ‘‘(A) achieve emissions reduction in high- operative agreements with eligible entities pendent researchers, and public and private emissions industrial materials production and Federal agencies for projects that the entities. processes, including production processes for Secretary determines would further the pur- ‘‘(3) CHAIR.—The Secretary shall designate iron, steel, steel mill products, aluminum, poses of the program. a member of the Committee to serve as cement, glass, pulp, paper, and industrial ce- ‘‘(3) DEMONSTRATION PROJECTS.—In sup- Chair. ramics; porting technologies developed under this ‘‘(d) DUTIES.— ‘‘(B) achieve emissions reduction in section, the Secretary shall fund demonstra- ‘‘(1) IN GENERAL.—The Committee shall— medium- and high-temperature heat genera- tion projects that test and validate tech- ‘‘(A) in consultation with the Secretary tion, including— nologies described in subsection (c). and the Director, propose missions and goals ‘‘(i) through electrification of heating ‘‘(4) APPLICATION.—An entity seeking fund- for the program, which shall be consistent processes; ing or a contract or agreement under this with the purposes of the program described ‘‘(ii) through renewable heat generation subsection shall submit to the Secretary an in section 455(b)(1); and technology; application at such time, in such manner, ‘‘(B) advise the Secretary with respect to ‘‘(iii) through combined heat and power; and containing such information as the Sec- the program— and retary may require. ‘‘(i) by identifying and evaluating any ‘‘(iv) by switching to alternative fuels, in- ‘‘(5) COST SHARING.—In awarding funds technologies being developed by the private cluding hydrogen and nuclear energy; under this section, the Secretary shall re- sector relating to the focus areas described ‘‘(C) achieve emissions reduction in chem- quire cost sharing in accordance with section in section 455(c); ical production processes, including by in- 988 of the Energy Policy Act of 2005 (42 U.S.C. ‘‘(ii) by identifying technology gaps in the corporating, if appropriate and practicable, 16352).’’. private sector in those focus areas, and mak- principles, practices, and methodologies of (b) TECHNICAL AMENDMENT.—The table of ing recommendations to address those gaps; sustainable, green chemistry and engineer- contents of the Energy Independence and Se- ‘‘(iii) by surveying and analyzing factors ing; curity Act of 2007 (Public Law 110–140; 121 that prevent the adoption of emissions re- ‘‘(D) leverage smart manufacturing tech- Stat. 1494) (as amended by section 1022(c)) is duction technologies by the private sector; nologies and principles, digital manufac- amended by inserting after the item relating and turing technologies, and advanced data ana- to section 454 the following: ‘‘(iv) by recommending technology screen- lytics to develop advanced technologies and ‘‘Sec. 455. Industrial emissions reduction ing criteria for technology developed under practices in information, automation, moni- technology development pro- the program to encourage adoption of the toring, computation, sensing, modeling, and gram.’’. technology by the private sector; and networking to— SEC. 1604. INDUSTRIAL TECHNOLOGY INNOVA- ‘‘(C) develop the strategic plan described in ‘‘(i) model and simulate manufacturing TION ADVISORY COMMITTEE. paragraph (2). production lines; (a) IN GENERAL.—The Energy Independence ‘‘(2) STRATEGIC PLAN.— ‘‘(ii) monitor and communicate production and Security Act of 2007 is amended by in- ‘‘(A) PURPOSE.—The purpose of the stra- line status; serting after section 455 (as added by section tegic plan developed under paragraph (1)(C) ‘‘(iii) manage and optimize energy produc- 1603(a)) the following: is to achieve the goals of the program in the tivity and cost throughout production; and ‘‘SEC. 456. INDUSTRIAL TECHNOLOGY INNOVA- focus areas described in section 455(c). TION ADVISORY COMMITTEE. ‘‘(iv) model, simulate, and optimize the en- ‘‘(B) CONTENTS.—The strategic plan devel- ‘‘(a) DEFINITIONS.—In this section: ergy efficiency of manufacturing processes; oped under paragraph (1)(C) shall— ‘‘(1) COMMITTEE.—The term ‘Committee’ ‘‘(E) minimize the negative environmental ‘‘(i) specify near-term and long-term quali- means the Industrial Technology Innovation impacts of manufacturing and sustainable tative and quantitative objectives relating Advisory Committee established under sub- chemistry while conserving energy and re- to each focus area described in section 455(c), section (b). sources, including— including research, development, demonstra- ‘‘(2) DIRECTOR.—The term ‘Director’ means ‘‘(i) by designing products that enable tion, and commercial application objectives; the Director of the Office of Science and reuse, refurbishment, remanufacturing, and ‘‘(ii) specify the anticipated timeframe for Technology Policy. recycling; achieving the objectives specified under ‘‘(3) EMISSIONS REDUCTION.—The term ‘‘(ii) by minimizing waste from industrial clause (i); ‘emissions reduction’ has the meaning given ‘‘(iii) include plans for developing emis- processes, including through the reuse of the term in section 455(a). waste as other resources in other industrial sions reduction technologies that are glob- ‘‘(4) PROGRAM.—The term ‘program’ means ally cost-competitive; processes for mutual benefit; and the industrial emissions reduction tech- ‘‘(iv) identify the public and private costs ‘‘(iii) by increasing resource efficiency; and nology development program established of achieving the objectives specified under ‘‘(F) increase the energy efficiency of in- under section 455(b)(1). clause (i); and dustrial processes; ‘‘(b) ESTABLISHMENT.—Not later than 180 ‘‘(2) alternative materials that produce days after the date of enactment of the ‘‘(v) estimate the economic and employ- fewer emissions during production and result American Energy Innovation Act of 2020, the ment impact in the United States of achiev- in fewer emissions during use; Secretary, in consultation with the Director, ing those objectives. ‘‘(3) development of net-zero emissions liq- shall establish an advisory committee, to be ‘‘(e) MEETINGS.— uid and gaseous fuels; known as the ‘Industrial Technology Innova- ‘‘(1) FREQUENCY.—The Committee shall ‘‘(4) emissions reduction in shipping, avia- tion Advisory Committee’. meet not less frequently than 2 times per tion, and long distance transportation; ‘‘(c) MEMBERSHIP.— year, at the call of the Chair. ‘‘(5) carbon capture technologies for indus- ‘‘(1) APPOINTMENT.—The Committee shall ‘‘(2) INITIAL MEETING.—Not later than 30 trial processes; be comprised of not fewer than 14 members days after the date on which the members ‘‘(6) other technologies that achieve net- and not more than 18 members, who shall be are appointed under subsection (b), the Com- zero emissions in nonpower industrial sec- appointed by the Secretary, in consultation mittee shall hold its first meeting. tors, as determined by the Secretary, in con- with the Director. ‘‘(f) COMMITTEE REPORT.— sultation with the Director; and ‘‘(2) REPRESENTATION.—Members appointed ‘‘(1) IN GENERAL.—Not later than 2 years ‘‘(7) high-performance computing to de- pursuant to paragraph (1) shall include— after the date of enactment of the American velop advanced materials and manufacturing ‘‘(A) not less than 1 representative of each Energy Innovation Act of 2020, and not less processes contributing to the focus areas de- relevant Federal agency, as determined by frequently than once every 3 years there- scribed in paragraphs (1) through (6), includ- the Secretary; after, the Committee shall submit to the ing— ‘‘(B) the Chair of the Secretary of Energy Secretary a report on the progress of achiev- ‘‘(A) modeling, simulation, and optimiza- Advisory Board, if that position is filled; ing the purposes of the program. tion of the design of energy efficient and sus- ‘‘(C) not less than 2 representatives of ‘‘(2) CONTENTS.—The report under para- tainable products; and labor groups; graph (1) shall include— ‘‘(B) the use of digital prototyping and ad- ‘‘(D) not less than 3 representatives of the ‘‘(A) a description of any technology inno- ditive manufacturing to enhance product de- research community, which shall include vation opportunities identified by the Com- sign. academia and National Laboratories; mittee;

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.056 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1385 ‘‘(B) a description of any technology gaps 101 of the Higher Education Act of 1965 (20 to follow a systematic approach in achieving identified by the Committee under sub- U.S.C. 1001). continual improvement of energy perform- section (d)(1)(B)(ii); ‘‘(4) PROGRAM.—The term ‘program’ means ance, including energy efficiency, security, ‘‘(C) recommendations for improving tech- the program established under subsection use, and consumption. nology screening criteria and management (b). (2) INDUSTRIAL ASSESSMENT CENTER.—The of the program; ‘‘(b) ESTABLISHMENT.—Not later than 180 term ‘‘industrial assessment center’’ means ‘‘(D) an evaluation of the progress of the days after the date of enactment of the a center located at an institution of higher program and the research and development American Energy Innovation Act of 2020, the education that— funded under the program; Secretary shall establish a program to pro- (A) receives funding from the Department; ‘‘(E) any recommended changes to the vide technical assistance to eligible entities (B) provides an in-depth assessment of focus areas of the program described in sec- to carry out an activity described in sub- small- and medium-size manufacturer plant tion 455(c); section (c). sites to evaluate the facilities, services, and ‘‘(F) a description of the manner in which ‘‘(c) ACTIVITIES DESCRIBED.—An activity manufacturing operations of the plant site; the Committee has carried out the duties de- referred to in subsection (b) is any of the fol- and scribed in subsection (d)(1) and any relevant lowing activities carried out for the purpose (C) identifies opportunities for potential findings as a result of carrying out those du- of achieving emissions reduction in savings for small- and medium-size manufac- ties; nonpower industrial sectors: turer plant sites from energy efficiency im- ‘‘(G) if necessary, an update to the stra- ‘‘(1) Adopting emissions reduction tech- provements, waste minimization, pollution tegic plan developed by the Committee under nologies. prevention, and productivity improvement. subsection (d)(1)(C); ‘‘(2) Establishing goals and priorities to ac- (3) INFORMATION AND COMMUNICATION TECH- ‘‘(H) the progress made in achieving the celerate the development and evaluation of NOLOGY.—The term ‘‘information and com- goals set out in that strategic plan; relevant technologies. munication technology’’ means any elec- ‘‘(I) a review of the management, coordina- ‘‘(3) Developing collaborations across tronic system or equipment (including the tion, and industry utility of the program; States, local governments, and territories content contained in the system or equip- ‘‘(J) an assessment of the extent to which and possessions of the United States. ment) used to create, convert, communicate, progress has been made under the program in ‘‘(4) Reviewing the appropriate emissions or duplicate data or information, including developing commercial, cost-competitive reduction technologies available for a par- computer hardware, firmware, software, technologies in each focus area described in ticular eligible entity. communication protocols, networks, and section 455(c); and ‘‘(5) Developing a roadmap for imple- data interfaces. ‘‘(K) an assessment of the effectiveness of menting emissions reduction technologies (4) INSTITUTION OF HIGHER EDUCATION.—The the program in coordinating efforts within for a particular eligible entity. term ‘‘institution of higher education’’ has the Department and with other Federal ‘‘(6) Any other activity determined appro- the meaning given the term in section 101(a) agencies to achieve the purposes of the pro- priate by the Secretary. of the Higher Education Act of 1965 (20 U.S.C. gram. ‘‘(d) APPLICATIONS.— 1001(a)). (5) NORTH AMERICAN INDUSTRY CLASSIFICA- ‘‘(g) REPORT TO CONGRESS.—Not later than ‘‘(1) IN GENERAL.—An eligible entity desir- TION SYSTEM.—The term ‘‘North American 60 days after receiving a report from the ing technical assistance under the program Industry Classification System’’ means the Committee under subsection (f), the Sec- shall submit to the Secretary an application standard used by Federal statistical agencies retary shall submit a copy of that report to at such time, in such manner, and con- in classifying business establishments for the Committees on Appropriations and taining such information as the Secretary the purpose of collecting, analyzing, and Science, Space, and Technology of the House may require. publishing statistical data relating to the of Representatives, the Committees on Ap- ‘‘(2) APPLICATION PROCESS.—The Secretary business economy of the United States. propriations and Energy and Natural Re- shall seek applications for technical assist- (6) SMALL AND MEDIUM MANUFACTURERS.— sources of the Senate, and any other rel- ance under the program on a periodic basis, The term ‘‘small and medium manufactur- evant Committee of Congress. but not less frequently than once every 12 ers’’ means manufacturing firms— ‘‘(h) APPLICABILITY OF FEDERAL ADVISORY months. ‘‘(3) FACTORS FOR CONSIDERATION.—In se- (A) classified in the North American Indus- COMMITTEE ACT.—Except as otherwise pro- try Classification System as any of sectors vided in this section, the Federal Advisory lecting eligible entities for technical assist- ance under the program, the Secretary 31 through 33; Committee Act (5 U.S.C. App.) shall apply to (B) with gross annual sales of less than the Committee.’’. shall— ‘‘(A) give priority to— $100,000,000; (b) TECHNICAL AMENDMENT.—The table of (C) with fewer than 500 employees at the contents of the Energy Independence and Se- ‘‘(i) activities carried out with technical assistance under the program that have the plant site; and curity Act of 2007 (Public Law 110–140; 121 (D) with annual energy bills totaling more Stat. 1494) (as amended by section 1603(b)) is greatest potential for achieving emissions reduction in nonpower industrial sectors; than $100,000 and less than $2,500,000. amended by inserting after the item relating (7) SMART MANUFACTURING.—The term to section 455 the following: ‘‘(ii) activities carried out in a State in which there are active or inactive industrial ‘‘smart manufacturing’’ means advanced ‘‘Sec. 456. Industrial Technology Innovation facilities that may be used or retrofitted to technologies in information, automation, Advisory Committee.’’. carry out activities under the focus areas de- monitoring, computation, sensing, modeling, SEC. 1605. TECHNICAL ASSISTANCE PROGRAM TO scribed in section 455(c); and artificial intelligence, analytics, and net- IMPLEMENT INDUSTRIAL EMISSIONS ‘‘(iii) activities carried out in an economi- working that— REDUCTION. cally distressed area (as described in section (A) digitally— (a) IN GENERAL.—The Energy Independence 301(a) of the Public Works and Economic De- (i) simulate manufacturing production and Security Act of 2007 is amended by in- velopment Act of 1965 (42 U.S.C. 3161(a))); and lines; serting after section 456 (as added by section ‘‘(B) ensure that— (ii) operate computer-controlled manufac- 1604(a)) the following: ‘‘(i) there is geographic diversity among turing equipment; ‘‘SEC. 457. TECHNICAL ASSISTANCE PROGRAM TO the eligible entities selected; and (iii) monitor and communicate production IMPLEMENT INDUSTRIAL EMISSIONS ‘‘(ii) the activities carried out with tech- line status; and REDUCTION. nical assistance under the program reflect a (iv) manage and optimize energy produc- ‘‘(a) DEFINITIONS.—In this section: majority of the focus areas described in sec- tivity and cost throughout production; ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible tion 455(c).’’. (B) model, simulate, and optimize the en- entity’ means— (b) TECHNICAL AMENDMENT.—The table of ergy efficiency of a factory building; ‘‘(A) a State; contents of the Energy Independence and Se- (C) monitor and optimize building energy ‘‘(B) a unit of local government; curity Act of 2007 (Public Law 110–140; 121 performance; ‘‘(C) a territory or possession of the United Stat. 1494) (as amended by section 1604(b)) is (D) model, simulate, and optimize the de- States; amended by inserting after the item relating sign of energy efficient and sustainable prod- ‘‘(D) a relevant State or local office, in- to section 456 the following: ucts, including the use of digital prototyping cluding an energy office; and additive manufacturing to enhance prod- ‘‘Sec. 457. Technical assistance program to ‘‘(E) a tribal organization (as defined in uct design; implement industrial emissions section 3765 of title 38, United States Code); (E) connect manufactured products in net- reduction.’’. ‘‘(F) an institution of higher education; works to monitor and optimize the perform- and PART II—SMART MANUFACTURING ance of the networks, including automated ‘‘(G) a private entity. SEC. 1611. DEFINITIONS. network operations; and ‘‘(2) EMISSIONS REDUCTION.—The term In this part: (F) digitally connect the supply chain net- ‘emissions reduction’ has the meaning given (1) ENERGY MANAGEMENT SYSTEM.—The work. the term in section 455(a). term ‘‘energy management system’’ means a SEC. 1612. DEVELOPMENT OF NATIONAL SMART ‘‘(3) INSTITUTION OF HIGHER EDUCATION.— business management process based on MANUFACTURING PLAN. The term ‘institution of higher education’ standards of the American National Stand- (a) IN GENERAL.—Not later than 3 years has the meaning given the term in section ards Institute that enables an organization after the date of enactment of this Act, the

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.056 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1386 CONGRESSIONAL RECORD — SENATE March 3, 2020 Secretary, in consultation with the National (A) focus on increasing access to the com- (1) to establish a consistent and consoli- Academies, shall develop and complete a na- puting facilities of the National Labora- dated authority for the vehicle technology tional plan for smart manufacturing tech- tories; and program at the Department; nology development and deployment to im- (B) ensure that— (2) to develop United States technologies prove the productivity and energy efficiency (i) the information from the manufacturer and practices that— of the manufacturing sector of the United is protected; and (A) improve the fuel efficiency and emis- States. (ii) the security of the National Labora- sions of all vehicles produced in the United (b) CONTENT.— tory facility is maintained. States; and (1) IN GENERAL.—The plan developed under (3) REPORT.—Not later than 1 year after (B) reduce vehicle reliance on petroleum- subsection (a) shall identify areas in which the date of enactment of this Act, the Sec- based fuels; agency actions by the Secretary and other retary shall submit to Congress a report de- (3) to support domestic research, develop- heads of relevant Federal agencies would— scribing the results of the study. ment, engineering, demonstration, and com- (A) facilitate quicker development, deploy- (b) ACTIONS FOR INCREASED ACCESS.—The mercial application and manufacturing of ment, and adoption of smart manufacturing Secretary shall facilitate access to the Na- advanced vehicles, engines, and components; technologies and processes; tional Laboratories studied under subsection (4) to enable vehicles to move larger vol- (B) result in greater energy efficiency and (a) for small and medium manufacturers so umes of goods and more passengers with less lower environmental impacts for all Amer- that small and medium manufacturers can energy and emissions; ican manufacturers; and fully use the high-performance computing (5) to develop cost-effective advanced tech- (C) enhance competitiveness and strength- resources of the National Laboratories to en- nologies for wide-scale utilization through- en the manufacturing sectors of the United hance the manufacturing competitiveness of out the passenger, commercial, government, States. the United States. and transit vehicle sectors; (2) INCLUSIONS.—Agency actions identified SEC. 1615. STATE MANUFACTURING LEADERSHIP. (6) to allow for greater consumer choice of under paragraph (1) shall include— (a) FINANCIAL ASSISTANCE AUTHORIZED.— vehicle technologies and fuels; (A) an assessment of previous and current The Secretary may provide financial assist- (7) shorten technology development and in- actions of the Department relating to smart ance on a competitive basis to States for the tegration cycles in the vehicle industry; manufacturing; establishment of programs to be used as (8) to ensure a proper balance and diversity (B) the establishment of voluntary inter- models for supporting the implementation of of Federal investment in vehicle tech- connection protocols and performance stand- smart manufacturing technologies. nologies; and ards; (b) APPLICATIONS.— (9) to strengthen partnerships between (C) the use of smart manufacturing to im- (1) IN GENERAL.—To be eligible to receive Federal and State governmental agencies prove energy efficiency and reduce emissions financial assistance under this section, a and the private and academic sectors. in supply chains across multiple companies; State shall submit to the Secretary an appli- (D) actions to increase cybersecurity in SEC. 1702. COORDINATION AND NONDUPLICA- cation at such time, in such manner, and TION. smart manufacturing infrastructure; containing such information as the Sec- The Secretary shall ensure, to the max- (E) deployment of existing research re- retary may require. imum extent practicable, that the activities sults; (2) CRITERIA.—The Secretary shall evaluate authorized by this subtitle do not duplicate (F) the leveraging of existing high-per- an application for financial assistance under those of other programs within the Depart- formance computing infrastructure; and this section on the basis of merit using cri- ment or other relevant research agencies. (G) consideration of the impact of smart teria identified by the Secretary, including— manufacturing on existing manufacturing SEC. 1703. AUTHORIZATION OF APPROPRIATIONS. (A) technical merit, innovation, and im- jobs and future manufacturing jobs. There are authorized to be appropriated to pact; (c) BIENNIAL REVISIONS.—Not later than 2 the Secretary for research, development, en- years after the date on which the Secretary (B) research approach, workplan, and gineering, demonstration, and commercial completes the plan under subsection (a), and deliverables; application of vehicles and related tech- not less frequently than once every 2 years (C) academic and private sector partners; nologies in the United States, including ac- thereafter, the Secretary shall revise the and tivities authorized under this subtitle— plan to account for advancements in infor- (D) alternate sources of funding. (1) for fiscal year 2021, $313,567,000; mation and communication technology and (c) REQUIREMENTS.— (2) for fiscal year 2022, $326,109,000; manufacturing needs. (1) TERM.—The term of an award of finan- (3) for fiscal year 2023, $339,154,000; (d) REPORT.—Annually until the comple- cial assistance under this section shall not (4) for fiscal year 2024, $352,720,000; and tion of the plan under subsection (a), the exceed 3 years. (5) for fiscal year 2025, $366,829,000. Secretary shall submit to Congress a report (2) MAXIMUM AMOUNT.—The amount of an SEC. 1704. REPORTING. award of financial assistance under this sec- on the progress made in developing the plan. (a) TECHNOLOGIES DEVELOPED.—Not later (e) FUNDING.—The Secretary shall use un- tion shall be not more than $2,000,000. than 18 months after the date of enactment obligated funds of the Department to carry (3) MATCHING REQUIREMENT.—Each State of this Act and annually thereafter through out this section. that receives financial assistance under this 2025, the Secretary shall submit to Congress SEC. 1613. LEVERAGING EXISTING AGENCY PRO- section shall contribute matching funds in a report regarding the technologies devel- GRAMS TO ASSIST SMALL AND ME- an amount equal to not less than 30 percent oped as a result of the activities authorized DIUM MANUFACTURERS. of the amount of the financial assistance. by this subtitle, with a particular emphasis (a) EXPANSION OF TECHNICAL ASSISTANCE (d) USE OF FUNDS.— on whether the technologies were success- PROGRAMS.—The Secretary shall expand the (1) IN GENERAL.—A State may use financial fully adopted for commercial applications, scope of technologies covered by the Indus- assistance provided under this section— and if so, whether products relying on those trial Assessment Centers of the Depart- (A) to facilitate access to high-perform- technologies are manufactured in the United ment— ance computing resources for small and me- States. (1) to include smart manufacturing tech- dium manufacturers; and nologies and practices; and (b) ADDITIONAL MATTERS.—At the end of (B) to provide assistance to small and me- each fiscal year through 2025, the Secretary (2) to equip the directors of the Industrial dium manufacturers to implement smart Assessment Centers with the training and shall submit to the relevant Congressional manufacturing technologies and practices. committees of jurisdiction an annual report tools necessary to provide technical assist- (e) EVALUATION.—The Secretary shall con- describing activities undertaken in the pre- ance in smart manufacturing technologies duct semiannual evaluations of each award vious year under this subtitle, active indus- and practices, including energy management of financial assistance under this section— try participants, the status of public-private systems, to manufacturers. (1) to determine the impact and effective- partnerships, progress of the program in (b) FUNDING.—The Secretary shall use un- ness of programs funded with the financial meeting goals and timelines, and a strategic obligated funds of the Department to carry assistance; and plan for funding of activities across agencies. out this section. (2) to provide guidance to States on ways SEC. 1614. LEVERAGING SMART MANUFACTURING to better execute the program of the State. SEC. 1705. VEHICLE RESEARCH AND DEVELOP- MENT. INFRASTRUCTURE AT NATIONAL (f) AUTHORIZATION.—There is authorized to LABORATORIES. (a) PROGRAM.— be appropriated to the Secretary to carry (a) STUDY.— (1) ACTIVITIES.—The Secretary shall con- out this section $10,000,000 for each of fiscal (1) IN GENERAL.—Not later than 180 days duct a program of basic and applied research, years 2021 through 2024. after the date of enactment of this Act, the development, engineering, demonstration, Secretary shall conduct a study on how the SEC. 1616. REPORT. and commercial application activities on The Secretary annually shall submit to Department can increase access to existing materials, technologies, and processes with Congress and make publicly available a re- high-performance computing resources in the potential to substantially reduce or port on the progress made in advancing the National Laboratories, particularly for eliminate petroleum use and the emissions smart manufacturing in the United States. small and medium manufacturers. of the passenger and commercial vehicles of (2) INCLUSIONS.—In identifying ways to in- Subtitle G—Vehicles the United States, including activities in the crease access to National Laboratories under SEC. 1701. OBJECTIVES. areas of— paragraph (1), the Secretary shall— The objectives of this subtitle are— (A) electrification of vehicle systems;

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(B) batteries, ultracapacitors, and other (C) communication and connectivity (6) INTERGOVERNMENTAL COORDINATION.— energy storage devices; among vehicles, infrastructure, and the elec- The Secretary shall seek opportunities to le- (C) power electronics; trical grid; and verage resources and support initiatives of (D) vehicle, component, and subsystem (D) other innovative technologies research State and local governments in developing manufacturing technologies and processes; and development, as determined by the Sec- and promoting advanced vehicle tech- (E) engine efficiency and combustion opti- retary. nologies, manufacturing, and infrastructure. mization; (3) INDUSTRY PARTICIPATION.— (7) CRITERIA.—In awarding grants under (F) waste heat recovery; (A) IN GENERAL.—To the maximum extent the program under this subsection, the Sec- (G) transmission and drivetrains; practicable, activities under this subtitle retary shall give priority to those tech- (H) hydrogen vehicle technologies, includ- shall be carried out in partnership or col- nologies (either individually or as part of a ing fuel cells and internal combustion en- laboration with automotive manufacturers, system) that— gines, and hydrogen infrastructure, includ- heavy commercial, vocational, and transit (A) provide the greatest aggregate fuel sav- ing hydrogen energy storage to enable re- vehicle manufacturers, qualified plug-in ings based on the reasonable projected sales newables and provide hydrogen for fuel and electric vehicle manufacturers, compressed volumes of the technology; and power; natural gas vehicle manufacturers, vehicle (B) provide the greatest increase in United (I) natural gas vehicle technologies; and engine equipment and component manu- States employment. (J) aerodynamics, rolling resistance (in- facturers, manufacturing equipment manu- (8) SECONDARY USE APPLICATIONS.— cluding tires and wheel assemblies), and ac- facturers, advanced vehicle service pro- (A) IN GENERAL.—The Secretary shall carry cessory power loads of vehicles and associ- viders, fuel producers and energy suppliers, out a research, development, and demonstra- ated equipment; electric utilities, universities, National Lab- tion program that— (K) vehicle weight reduction, including oratories, and independent research labora- (i) builds on any work carried out under section 915 of the Energy Policy Act of 2005 lightweighting materials and the develop- tories. (42 U.S.C. 16195); ment of manufacturing processes to fab- (B) REQUIREMENTS.—In carrying out this (ii) identifies possible uses of a vehicle bat- ricate, assemble, and use dissimilar mate- subtitle, the Secretary shall— tery after the useful life of the battery in a rials; (i) determine whether a wide range of com- vehicle has been exhausted; (L) friction and wear reduction; panies that manufacture or assemble vehi- (iii) conducts long-term testing to verify (M) engine and component durability; cles or components in the United States are performance and degradation predictions and (N) innovative propulsion systems; represented in ongoing public-private part- lifetime valuations for secondary uses; (O) advanced boosting systems; nership activities, including firms that have (iv) evaluates innovative approaches to re- (P) hydraulic hybrid technologies; not traditionally participated in federally cycling materials from plug-in electric drive (Q) engine compatibility with and optimi- sponsored research and development activi- ties, and where possible, partner with such vehicles and the batteries used in plug-in zation for a variety of transportation fuels electric drive vehicles; including natural gas and other liquid and firms that conduct significant and relevant research and development activities in the (v)(I) assesses the potential for markets for gaseous fuels; uses described in clause (ii) to develop; and (R) predictive engineering, modeling, and United States; (ii) leverage the capabilities and resources (II) identifies any barriers to the develop- simulation of vehicle and transportation sys- ment of those markets; and tems; of, and formalize partnerships with, indus- try-led stakeholder organizations, nonprofit (vi) identifies the potential uses of a vehi- (S) refueling and charging infrastructure cle battery— for alternative fueled and electric or plug-in organizations, industry consortia, and trade associations with expertise in the research (I) with the most promise for market de- electric hybrid vehicles, including the velopment; and unique challenges facing rural areas; and development of, and education and out- reach activities in, advanced automotive and (II) for which market development would (T) gaseous fuels storage systems and sys- commercial vehicle technologies; be aided by a demonstration project. tem integration and optimization; (iii) develop more effective processes for (B) REPORT.—Not later than 1 year after (U) sensing, communications, and actu- transferring research findings and tech- the date of enactment of this Act, the Sec- ation technologies for vehicle, electrical nologies to industry; retary shall submit to the appropriate com- grid, and infrastructure; (iv) support public-private partnerships, mittees of Congress an initial report on the (V) efficient use, substitution, and recy- dedicated to overcoming barriers in commer- findings of the program described in subpara- cling of potentially critical materials in ve- cial application of transformational vehicle graph (A), including recommendations for hicles, including rare earth elements and technologies, that use such industry-led stationary energy storage and other poten- precious metals, at risk of supply disruption; technology development facilities of entities tial applications for batteries used in plug-in (W) aftertreatment technologies; with demonstrated expertise in successfully electric drive vehicles. (X) thermal management of battery sys- designing and engineering pre-commercial (C) SECONDARY USE DEMONSTRATION.— tems; generations of such transformational tech- (i) IN GENERAL.—Based on the results of the (Y) retrofitting advanced vehicle tech- nology; and program described in subparagraph (A), the nologies to existing vehicles; (v) promote efforts to ensure that tech- Secretary shall develop guidelines for (Z) development of common standards, nology research, development, engineering, projects that demonstrate the secondary specifications, and architectures for both and commercial application activities funded uses and innovative recycling of vehicle bat- transportation and stationary battery appli- under this subtitle are carried out in the teries. cations; United States. (ii) PUBLICATION OF GUIDELINES.—Not later (AA) advanced internal combustion en- (4) INTERAGENCY AND INTRAAGENCY COORDI- than 18 months after the date of enactment gines; NATION.—To the maximum extent prac- of this Act, the Secretary shall— (BB) mild hybrid; ticable, the Secretary shall coordinate re- (I) publish the guidelines described in (CC) engine down speeding; search, development, demonstration, and clause (i); and (DD) vehicle-to-vehicle, vehicle-to-pedes- commercial application activities among— (II) solicit applications for funding for trian, and vehicle-to-infrastructure tech- (A) relevant programs within the Depart- demonstration projects. nologies; and ment, including— (iii) PILOT DEMONSTRATION PROGRAM.—Not (EE) other research areas as determined by (i) the Office of Energy Efficiency and Re- later than 21 months after the date of enact- the Secretary. newable Energy; ment of this Act, the Secretary shall select (2) TRANSFORMATIONAL TECHNOLOGY.—The (ii) the Office of Science; proposals for grant funding under this sub- Secretary shall ensure that the Department (iii) the Office of Electricity Delivery and section, based on an assessment of which continues to support research, development, Energy Reliability; proposals are mostly likely to contribute to engineering, demonstration, and commercial (iv) the Office of Fossil Energy; the development of a secondary market for application activities and maintains com- (v) the Advanced Research Projects Agen- batteries. petency in mid- to long-term trans- cy—Energy; and (b) MANUFACTURING.—The Secretary shall formational vehicle technologies with poten- (vi) other offices as determined by the Sec- carry out a research, development, engineer- tial to achieve reductions in emissions, in- retary; and ing, demonstration, and commercial applica- cluding activities in the areas of— (B) relevant technology research and de- tion program of advanced vehicle manufac- (A) hydrogen vehicle technologies, includ- velopment programs within other Federal turing technologies and practices, including ing fuel cells, hydrogen storage, infrastruc- agencies, as determined by the Secretary. innovative processes— ture, and activities in hydrogen technology (5) FEDERAL DEMONSTRATION OF TECH- (1) to increase the production rate and de- validation and safety codes and standards; NOLOGIES.—The Secretary shall make infor- crease the cost of advanced battery and fuel (B) multiple battery chemistries and novel mation available to procurement programs cell manufacturing; energy storage devices, including nonchem- of Federal agencies regarding the potential (2) to vary the capability of individual ical batteries and electromechanical storage to demonstrate technologies resulting from manufacturing facilities to accommodate technologies such as hydraulics, flywheels, activities funded through programs under different battery chemistries and configura- and compressed air storage; this subtitle. tions;

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(3) to reduce waste streams, emissions, and (b) APPLICANT TEAMS.—Applicant teams (4) establishing multiple scientific com- energy intensity of vehicle, engine, advanced may be comprised of truck and trailer manu- puting user facilities to house and provision battery, and component manufacturing proc- facturers, engine and component manufac- available data to foster transformational esses; turers, fleet customers, university research- outcomes; and (4) to recycle and remanufacture used bat- ers, and other applicants as appropriate for (5) driving the development of technology teries and other vehicle components for the development and demonstration of inte- to improve artificial intelligence, high-per- reuse in vehicles or stationary applications; grated Class 8 truck and trailer systems. formance computing, and networking rel- (5) to develop manufacturing processes to SEC. 1708. TECHNOLOGY TESTING AND METRICS. evant to mission applications of the Depart- effectively fabricate, assemble, and produce The Secretary, in coordination with the ment, including modeling, simulation, ma- cost-effective lightweight materials such as partners of the interagency research pro- chine learning, and advanced data analytics. advanced aluminum and other metal alloys, gram described in section 1706— (b) VETERANS HEALTH RESEARCH AND DE- VELOPMENT.— polymeric composites, and carbon fiber for (1) shall develop standard testing proce- (1) IN GENERAL.—The Secretary shall estab- use in vehicles; dures and technologies for evaluating the lish and carry out a research program in ar- (6) to produce lightweight high pressure performance of advanced heavy vehicle tech- tificial intelligence and high-performance storage systems for gaseous fuels; nologies under a range of representative computing, focused on the development of (7) to design and manufacture purpose- duty cycles and operating conditions, includ- tools to solve large-scale data analytics and built hydrogen fuel cell vehicles and compo- ing for heavy hybrid propulsion systems; management challenges associated with vet- nents; (2) shall evaluate heavy vehicle perform- eran’s healthcare, and to support the efforts (8) to improve the calendar life and cycle ance using work performance-based metrics of the Department of Veterans Affairs to life of advanced batteries; and other than those based on miles per gallon, (9) to produce permanent magnets for ad- identify potential health risks and chal- including those based on units of volume and lenges utilizing data on long-term vanced vehicles. weight transported for freight applications, SEC. 1706. MEDIUM- AND HEAVY-DUTY COMMER- healthcare, health risks, and genomic data and appropriate metrics based on the work collected from veteran populations. The Sec- CIAL AND TRANSIT VEHICLES PRO- performed by nonroad systems; and GRAM. retary shall carry out this program through (3) may construct heavy duty truck and The Secretary, in partnership with rel- a competitive, merit-reviewed process, and evant research and development programs in bus testing facilities. consider applications from National Labora- other Federal agencies, and a range of appro- SEC. 1709. NONROAD SYSTEMS PILOT PROGRAM. tories, institutions of higher education, priate industry stakeholders, shall carry out The Secretary shall undertake a pilot pro- multi-institutional collaborations, and other a program of cooperative research, develop- gram of research, development, demonstra- appropriate entities. ment, demonstration, and commercial appli- tion, and commercial applications of tech- (2) PROGRAM COMPONENTS.—In carrying out cation activities on advanced technologies nologies to improve total machine or system the program established under paragraph (1), for medium- to heavy-duty commercial, vo- efficiency for nonroad mobile equipment in- the Secretary may— cational, recreational, and transit vehicles, cluding agricultural, construction, air, and (A) conduct basic research in modeling and including activities in the areas of— sea port equipment, and shall seek opportu- simulation, machine learning, large-scale (1) engine efficiency and combustion re- nities to transfer relevant research findings data analytics, and predictive analysis in search; and technologies between the nonroad and order to develop novel or optimized algo- (2) onboard storage technologies for com- on-highway equipment and vehicle sectors. rithms for prediction of disease treatment pressed and liquefied natural gas; SEC. 1710. REPEAL OF EXISTING AUTHORITIES. and recovery; (3) development and integration of engine (a) IN GENERAL.—Sections 706, 711, 712, and (B) develop methods to accommodate large technologies designed for natural gas oper- 933 of the Energy Policy Act of 2005 (42 U.S.C. data sets with variable quality and scale, ation of a variety of vehicle platforms; 16051, 16061, 16062, 16233) are repealed. and to provide insight and models for com- (4) waste heat recovery and conversion; (b) ENERGY EFFICIENCY.—Section 911 of the plex systems; (5) improved aerodynamics and tire rolling Energy Policy Act of 2005 (42 U.S.C. 16191) is (C) develop new approaches and maximize resistance; amended— the use of algorithms developed through ar- (6) energy and space-efficient emissions (1) in subsection (a)— tificial intelligence, machine learning, data control systems; (A) in paragraph (1)(A), by striking ‘‘vehi- analytics, natural language processing, mod- (7) mild hybrid, heavy hybrid, hybrid hy- cles, buildings,’’ and inserting ‘‘buildings’’; eling and simulation, and develop new algo- draulic, plug-in hybrid, and electric plat- and rithms suitable for high-performance com- forms, and energy storage technologies; (B) in paragraph (2)— puting systems and large biomedical data (8) drivetrain optimization; (i) by striking subparagraph (A); and sets; (9) friction and wear reduction; (ii) by redesignating subparagraphs (B) (D) advance existing and construct new (10) engine idle and parasitic energy loss through (E) as subparagraphs (A) through data enclaves capable of securely storing reduction; (D), respectively; and data sets provided by the Department of Vet- (11) electrification of accessory loads; (2) in subsection (c)— erans Affairs, Department of Defense, and (12) onboard sensing and communications (A) by striking paragraph (3); other sources; and technologies; (B) by redesignating paragraph (4) as para- (E) promote collaboration and data sharing (13) advanced lightweighting materials and graph (3); and between National Laboratories, research en- vehicle designs; (C) in paragraph (3) (as so redesignated), by tities, and user facilities of the Department (14) increasing load capacity per vehicle; striking ‘‘(a)(2)(D)’’ and inserting ‘‘(a)(2)(C)’’. by providing the necessary access and secure (15) thermal management of battery sys- data transfer capabilities. Subtitle H—Department of Energy tems; (3) COORDINATION.—In carrying out the pro- (16) recharging infrastructure; SEC. 1801. VETERANS’ HEALTH INITIATIVE. gram established under paragraph (1), the (17) compressed natural gas infrastructure; (a) PURPOSES.—The purposes of this section Secretary is authorized— (18) advanced internal combustion engines; are to advance Department expertise in arti- (A) to enter into memoranda of under- (19) complete vehicle and power pack mod- ficial intelligence and high-performance standing in order to carry out reimbursable eling, simulation, and testing; computing in order to improve health out- agreements with the Department of Veterans (20) hydrogen vehicle technologies, includ- comes for veteran populations by— Affairs and other entities in order to maxi- ing fuel cells and internal combustion en- (1) supporting basic research through the mize the effectiveness of Department re- gines, and hydrogen infrastructure, includ- application of artificial intelligence, high- search and development to improve veterans’ ing hydrogen energy storage to enable re- performance computing, modeling and sim- healthcare; newables and provide hydrogen for fuel and ulation, machine learning, and large-scale (B) to consult with the Department of Vet- power; data analytics to identify and solve out- erans Affairs and other Federal agencies as (21) retrofitting advanced technologies come-defined challenges in the health appropriate; and onto existing truck fleets; sciences; (C) to ensure that data storage meets all (22) advanced boosting systems; (2) maximizing the impact of the Depart- privacy and security requirements estab- (23) engine down speeding; and ment of Veterans Affairs’ health and lished by the Department of Veterans Af- (24) integration of these and other ad- genomics data housed at the National Lab- fairs, and that access to data is provided in vanced systems onto a single truck and trail- oratories, as well as data from other sources, accordance with relevant Department of Vet- er platform. on science, innovation, and health care out- erans Affairs data access policies, including SEC. 1707. CLASS 8 TRUCK AND TRAILER SYS- comes through the use and advancement of informed consent. TEMS DEMONSTRATION. artificial intelligence and high-performance (4) REPORT.—Not later than 2 years after (a) IN GENERAL.—The Secretary shall con- computing capabilities of the Department; the date of enactment of this Act, the Sec- duct a competitive grant program to dem- (3) promoting collaborative research retary shall submit to the Committee on En- onstrate the integration of multiple ad- through the establishment of partnerships to ergy and Natural Resources and the Com- vanced technologies on Class 8 truck and improve data sharing between Federal agen- mittee on Veterans’ Affairs of the Senate, trailer platforms, including a combination of cies, National Laboratories, institutions of and the Committee on Science, Space, and technologies listed in section 1706. higher education, and nonprofit institutions; Technology and the Committee on Veterans’

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Affairs of the House of Representatives, a re- SEC. 1803. APPALACHIAN ENERGY FOR NATIONAL (C) NEXUS OF ENERGY AND WATER SUSTAIN- port detailing the effectiveness of— SECURITY. ABILITY OFFICE; NEWS OFFICE.—The term (A) the interagency coordination between (a) STUDY ON BUILDING ETHANE AND OTHER ‘‘Nexus of Energy and Water Sustainability each Federal agency involved in the research NATURAL-GAS-LIQUIDS-RELATED PETRO- Office’’ or the ‘‘NEWS Office’’ means an of- program carried out under this subsection; CHEMICAL INFRASTRUCTURE.— fice located at the Department and managed (B) collaborative research achievements of (1) IN GENERAL.—Not later than 1 year after in cooperation with the Department of the the program; and the date of enactment of this Act, the Sec- Interior pursuant to an agreement between (C) potential opportunities to expand the retary, in consultation with the Secretary of the 2 agencies to carry out leadership and technical capabilities of the Department. Defense, the Secretary of the Treasury, and administrative functions for the Interagency the heads of other relevant Federal depart- (5) FUNDING.—There is authorized to be ap- Coordination Committee. ments and agencies and stakeholders, shall propriated to the Secretary of Veterans Af- (D) RD&D.—The term ‘‘RD&D’’ means re- conduct a study assessing the potential na- fairs to carry out this subsection $27,000,000 search, development, and demonstration. tional and economic security impacts of during the period of fiscal years 2021 through (2) INTERAGENCY COORDINATION COM- building ethane and other natural-gas-liq- 2025. uids-related petrochemical infrastructure in MITTEE.— (c) INTERAGENCY COLLABORATION.— the geographical vicinity of the Marcellus, (A) ESTABLISHMENT.—Not later than 180 (1) IN GENERAL.—The Secretary is author- Utica, and Rogersville shale plays in the days after the date of enactment of this Act, ized to carry out research, development, and United States. the Secretary and the Secretary of the Inte- demonstration activities to develop tools to (2) CONTENTS.—The study conducted under rior shall establish the joint NEWS Office apply to big data that enable Federal agen- paragraph (1) shall include— and Interagency Coordination Committee on cies, institutions of higher education, non- (A) the identification of potential benefits the Nexus of Energy and Water for Sustain- profit research organizations, and industry of the proposed infrastructure to national ability (or the ‘‘NEWS Committee’’) to carry to better leverage the capabilities of the De- and economic security, including the identi- out the duties described in subparagraph (C). partment to solve complex, big data chal- fication of potential risks to national and (B) ADMINISTRATION.— lenges. The Secretary shall carry out these economic security of significant foreign own- (i) CHAIRS.—The Secretary and the Sec- activities through a competitive, merit-re- ership and control of United States domestic retary of the Interior shall jointly manage viewed process, and consider applications petrochemical resources; and the NEWS Office and serve as co-chairs of from National Laboratories, institutions of (B) an examination of, with respect to the the Interagency Coordination Committee. higher education, multi-institutional col- proposed infrastructure— (ii) MEMBERSHIP; STAFFING.—Membership laborations, and other appropriate entities. (i) types of additional infrastructure need- and staffing shall be determined by the co- (2) ACTIVITIES.—In carrying out the re- ed to fully optimize the potential national chairs. search, development, and demonstration ac- security benefits; (C) DUTIES.—The Interagency Coordination tivities authorized under paragraph (1), the (ii) whether geopolitical diversity in areas Committee shall— Secretary may— to which the ethane and other natural gas (i) serve as a forum for developing common (A) utilize all available mechanisms to pre- liquids will be exported from the producing Federal goals and plans on energy-water vent duplication and coordinate research ef- region would undermine or bolster national nexus RD&D activities in coordination with forts across the Department; security; the National Science and Technology Coun- (B) establish multiple user facilities to (iii) the necessity of evaluating the public cil; serve as data enclaves capable of securely interest with respect to exports of ethane, (ii) not later than 1 year after the date of storing data sets created by Federal agen- propane, butane, and other natural gas liq- enactment of this Act, and biennially there- cies, institutions of higher education, non- uids, to ensure the potential strategic na- after, issue a strategic plan on energy-water profit organizations, or industry at National tional and economic security benefits are nexus RD&D activities priorities and objec- Laboratories; and preserved within the United States; and tives; (C) promote collaboration and data sharing (iv) the potential benefits, with respect to (iii) convene and promote coordination of between National Laboratories, research en- significant weather impacts, compared to the activities of Federal departments and tities, and user facilities of the Department other regions, of locating the proposed infra- agencies on energy-water nexus RD&D ac- by providing the necessary access and secure structure in the geographical vicinity of the tivities, including the activities of— data transfer capabilities. Marcellus, Utica, and Rogersville shale (I) the Department; (3) REPORT.—Not later than 2 years after plays. (II) the Department of the Interior; the date of enactment of this Act, the Sec- (b) REPORTS.— (III) the Corps of Engineers; retary shall submit to the Committee on En- (1) STATUS REPORTS.—Prior to completion (IV) the Department of Agriculture; ergy and Natural Resources of the Senate of the study under subsection (a), the Com- (V) the Department of Defense; and the Committee on Science, Space, and mittees on Energy and Natural Resources (VI) the Department of State; Technology of the House of Representatives and Armed Services of the Senate and the (VII) the Environmental Protection Agen- a report evaluating the effectiveness of the Committees on Energy and Commerce and cy; activities authorized under paragraph (1). Armed Services of the House of Representa- (VIII) the Council on Environmental Qual- (4) FUNDING.—There are authorized to be tives, from time to time, may request and re- ity; appropriated to the Secretary to carry out ceive from the Secretary status reports with (IX) the National Institute of Standards this subsection $15,000,000 for each of fiscal respect to the study, including any findings. and Technology; years 2021 through 2025. (2) SUBMISSION AND PUBLICATION OF RE- (X) the National Oceanic and Atmospheric PORT.—On completion of the study under Administration; SEC. 1802. SMALL SCALE LNG ACCESS. subsection (a), the Secretary shall— (XI) the National Science Foundation; Section 3 of the Natural Gas Act (15 U.S.C. (A) submit to the Committees on Energy (XII) the Office of Management and Budg- 717b) is amended by striking subsection (c) and Natural Resources and Armed Services et; (XIII) the Office of Science and Technology and inserting the following: of the Senate and the Committees on Energy and Commerce and Armed Services of the Policy; ‘‘(c) EXPEDITED APPLICATION AND APPROVAL House of Representatives a report describing (XIV) the National Aeronautics and Space PROCESS.— the results of the study; and Administration; and ‘‘(1) IN GENERAL.—For purposes of sub- (B) publish the report on the website of the (XV) such other Federal departments and section (a), the following shall be deemed to Department. agencies as the Interagency Coordination be consistent with the public interest, and SEC. 1804. ENERGY AND WATER FOR SUSTAIN- Committee considers appropriate; applications for such importation or expor- ABILITY. (iv)(I) coordinate and develop capabilities tation shall be granted without modification (a) NEXUS OF ENERGY AND WATER FOR SUS- and methodologies for data collection, man- or delay: TAINABILITY.— agement, and dissemination of information ‘‘(A) The importation of the natural gas re- (1) DEFINITIONS.—In this subsection: related to energy-water nexus RD&D activi- ferred to in subsection (b). (A) ENERGY-WATER NEXUS.—The term ‘‘en- ties from and to other Federal departments ‘‘(B) Subject to the last sentence of sub- ergy-water nexus’’ means the links be- and agencies; and section (a), the exportation of natural gas in tween— (II) promote information exchange between a volume up to and including 51,750,000,000 (i) the water needed to produce fuels, elec- Federal departments and agencies— cubic feet per year. tricity, and other forms of energy; and (aa) to identify and document Federal and ‘‘(C) The exportation of natural gas to a (ii) the energy needed to transport, re- non-Federal programs and funding opportu- nation with which there is in effect a free claim, and treat water and wastewater. nities that support basic and applied RD&D trade agreement requiring national treat- (B) INTERAGENCY COORDINATION COM- proposals to advance energy-water nexus re- ment for trade in natural gas. MITTEE.—The term ‘‘Interagency Coordina- lated science and technologies; ‘‘(2) EXCLUSION.—Subparagraphs (B) and tion Committee’’ means the Committee on (bb) to leverage existing programs by en- (C) of paragraph (1) shall not apply to any the Nexus of Energy and Water for Sustain- couraging joint solicitations, block grants, nation subject to sanctions imposed by the ability (or the ‘‘NEWS Committee’’) estab- and matching programs with non-Federal en- United States.’’. lished under paragraph (2)(A). tities; and

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.056 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1390 CONGRESSIONAL RECORD — SENATE March 3, 2020 (cc) to identify opportunities for domestic water considerations into energy research, ‘‘(v) whether the technology can be de- and international public-private partner- development, and demonstration programs ployed in a variety of geographic regions and ships, innovative financing mechanisms, and and projects of the Department by— the degree to which the technology can be information and data exchange; (1) advancing energy and energy efficiency implemented in a wide range of applications (v) promote the integration of energy- technologies and practices that meet the ob- ranging in scale from small towns to large water nexus considerations into existing jectives of— cities, including tribal communities; Federal water, energy, and other natural re- (A) minimizing freshwater withdrawal and ‘‘(vi) whether the technology has been suc- source, infrastructure, and science programs consumption; cessfully deployed elsewhere; at the national and regional levels and with (B) increasing water use efficiency; and ‘‘(vii) whether the technology was sourced programs administered in partnership with (C) utilizing nontraditional water sources; from a manufacturer based in the United non-Federal entities; and (2) considering the effects climate varia- States; and (vi) not later than 1 year after the date of bility may have on water supplies and qual- ‘‘(viii) whether the project will be com- enactment of this Act, issue a report on the ity for energy generation and fuel produc- pleted in 5 years or less. potential benefits and feasibility of estab- tion; and ‘‘(C) APPLICATIONS.— lishing an energy-water center of excellence (3) improving understanding of the energy- ‘‘(i) IN GENERAL.—Subject to clause (ii), an within the National Laboratories. water nexus (as defined in subsection (a)(1)). eligible entity seeking a grant under the (D) NO REGULATION.—Nothing in this para- (c) SMART ENERGY AND WATER EFFICIENCY pilot program shall submit to the Secretary graph grants to the Interagency Coordina- PILOT PROGRAM.— an application at such time, in such manner, tion Committee the authority to promulgate (1) IN GENERAL.—Subtitle A of title IX of and containing such information as the Sec- regulations or set standards. the Energy Policy Act of 2005 (42 U.S.C. 16191 retary determines to be necessary. (E) ADDITIONAL PARTICIPATION.—In devel- et seq.) is amended by adding at the end the ‘‘(ii) CONTENTS.—An application under oping the strategic plan described in sub- following: clause (i) shall, at a minimum, include— paragraph (C)(ii), the Secretary shall consult ‘‘(I) a description of the project; and coordinate with a diverse group of rep- ‘‘SEC. 918. SMART ENERGY AND WATER EFFI- ‘‘(II) a description of the technology to be CIENCY PILOT PROGRAM. resentatives from research and academic in- used in the project; ‘‘(a) DEFINITIONS.—In this section: stitutions, industry, public utility commis- ‘‘(III) the anticipated results, including en- ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible sions, and State and local governments that ergy and water savings, of the project; entity’ means— have expertise in technologies and practices ‘‘(IV) a comprehensive budget for the relating to the energy-water nexus. ‘‘(A) a utility; project; ‘‘(B) a municipality; (F) REVIEW; REPORT.—At the end of the 5- ‘‘(V) the names of the project lead organi- year period beginning on the date on which ‘‘(C) a water district; zation and any partners; the Interagency Coordination Committee ‘‘(D) an Indian tribe or Alaska Native vil- ‘‘(VI) the number of users to be served by and NEWS Office are established, the NEWS lage; and the project; Office shall— ‘‘(E) any other authority that provides ‘‘(VII) a description of the ways in which (i) review the activities, relevance, and ef- water, wastewater, or water reuse services. the proposal would meet performance meas- fectiveness of the Interagency Coordination ‘‘(2) SMART ENERGY AND WATER EFFICIENCY ures established by the Secretary; and Committee; and PILOT PROGRAM.—The term ‘smart energy ‘‘(VIII) any other information that the (ii) submit to the Committee on Energy and water efficiency pilot program’ or ‘pilot Secretary determines to be necessary to and Natural Resources of the Senate and the program’ means the pilot program estab- complete the review and selection of a grant Committees on Science, Space, and Tech- lished under subsection (b). recipient. nology, Energy and Commerce, and Natural ‘‘(b) SMART ENERGY AND WATER EFFICIENCY ‘‘(4) ADMINISTRATION.— Resources of the House of Representatives a PILOT PROGRAM.— ‘‘(A) IN GENERAL.—Not later than 1 year report that— ‘‘(1) IN GENERAL.—The Secretary shall es- after the date of enactment of this section, (I) describes the results of the review con- tablish and carry out a smart energy and the Secretary shall select grant recipients ducted under clause (i); and water efficiency pilot program in accordance under this section. (II) includes a recommendation on whether with this section. ‘‘(B) EVALUATIONS.— the Interagency Coordination Committee ‘‘(2) PURPOSE.—The purpose of the smart ‘‘(i) ANNUAL EVALUATIONS.—The Secretary should continue. energy and water efficiency pilot program is shall annually carry out an evaluation of (3) CROSSCUT BUDGET.—Not later than 30 to award grants to eligible entities to dem- each project for which a grant is provided days after the President submits the budget onstrate unique, advanced, or innovative under this section that meets performance of the United States Government under sec- technology-based solutions that will— measures and benchmarks developed by the tion 1105 of title 31, United States Code, the ‘‘(A) improve the net energy balance of Secretary, consistent with the purposes of co-chairs of the Interagency Coordination water, wastewater, and water reuse systems; this section. Committee (acting through the NEWS Of- ‘‘(B) improve the net energy balance of ‘‘(ii) REQUIREMENTS.—Consistent with the fice) shall submit to the Committee on En- water, wastewater, and water reuse systems performance measures and benchmarks de- ergy and Natural Resources of the Senate to help communities across the United veloped under clause (i), in carrying out an and the Committees on Science, Space, and States make measurable progress in con- evaluation under that clause, the Secretary Technology, Energy and Commerce, and Nat- serving water, saving energy, and reducing shall— ural Resources of the House of Representa- costs; ‘‘(I) evaluate the progress and impact of tives, an interagency budget crosscut report ‘‘(C) support the implementation of inno- the project; and that displays at the program-, project-, and vative and unique processes and the installa- ‘‘(II) assesses the degree to which the activity-level for each of the Federal agen- tion of established advanced automated sys- project is meeting the goals of the pilot pro- cies that carry out or support (including tems that provide real-time data on energy gram. through grants, contracts, interagency and and water; and ‘‘(C) TECHNICAL AND POLICY ASSISTANCE.— intraagency transfers, and multiyear and no- ‘‘(D) improve energy-water conservation On the request of a grant recipient, the Sec- year funds) basic and applied RD&D activi- and quality and predictive maintenance retary shall provide technical and policy as- ties to advance the energy-water nexus re- through technologies that utilize internet sistance. lated science and technologies— connected technologies, including sensors, ‘‘(D) BEST PRACTICES.—The Secretary shall (A) the budget proposed in the budget re- intelligent gateways, and security embedded make available to the public through the quest of the President for the upcoming fis- in hardware. Internet and other means the Secretary con- cal year; ‘‘(3) PROJECT SELECTION.— siders to be appropriate— (B) expenditures and obligations for the ‘‘(A) IN GENERAL.—The Secretary shall ‘‘(i) a copy of each evaluation carried out prior fiscal year; and make competitive, merit-reviewed grants under subparagraph (B); and (C) estimated expenditures and obligations under the pilot program to not less than 3, ‘‘(ii) a description of any best practices for the current fiscal year. but not more than 5, eligible entities. identified by the Secretary as a result of (4) TERMINATION.— ‘‘(B) SELECTION CRITERIA.—In selecting an those evaluations. (A) IN GENERAL.—The authority provided eligible entity to receive a grant under the ‘‘(E) REPORT TO CONGRESS.—The Secretary to the NEWS Office and NEWS Committee pilot program, the Secretary shall consider— shall submit to Congress a report containing under this subsection shall terminate on the ‘‘(i) energy and cost savings; the results of each evaluation carried out date that is 7 years after the date of enact- ‘‘(ii) the uniqueness, commercial viability, under subparagraph (B). ment of this Act. and reliability of the technology to be used; ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— (B) EFFECT.—The termination of authority ‘‘(iii) the degree to which the project inte- There is authorized to be appropriated to the under subparagraph (A) shall not affect on- grates next-generation sensors software, Secretary to carry out this section going interagency planning, coordination, or analytics, and management tools; $15,000,000, to remain available until ex- other activities relating to the energy-water ‘‘(iv) the anticipated cost-effectiveness of pended.’’. nexus. the pilot project through measurable energy (2) CONFORMING AMENDMENT.—The table of (b) INTEGRATING ENERGY AND WATER RE- savings, water savings or reuse, and infra- contents of the Energy Policy Act of 2005 SEARCH.—The Secretary shall integrate structure costs averted; (Public Law 109–58; 119 Stat. 594) is amended

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.056 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1391 by inserting after the item relating to sec- (5) in subsection (f) (as so redesignated), by and loan loss reserves, for eligible projects; tion 917 the following: striking ‘‘subsection (e)’’ and inserting ‘‘sub- and ‘‘Sec. 918. Smart energy and water efficiency section (c)’’. ‘‘(ii) to create liquid markets for eligible pilot program.’’. (b) REVIEW OF APPLIED ENERGY PRO- projects, including warehousing and GRAMS.— SEC. 1805. TECHNOLOGY TRANSITIONS. securitization, or take other steps to reduce (1) IN GENERAL.—Not later than 1 year after financial barriers to the deployment of exist- (a) OFFICE OF TECHNOLOGY TRANSITIONS.— the date of enactment of this Act, the Sec- Section 1001 of the Energy Policy Act of 2005 ing and new eligible projects. retary shall conduct a review of all applied (42 U.S.C. 16391) is amended— ‘‘(B) INCLUSION.—The term ‘State energy energy research and development programs (1) by striking subsection (a) and all that financing institution’ includes an entity or under the Department that focus on re- follows through ‘‘The Coordinator’’ in sub- organization established to achieve the pur- searching and developing technologies that poses described in clauses (i) and (ii) of sub- section (b) and inserting the following: reduce emissions. paragraph (A) by an Indian Tribal entity or ‘‘(a) OFFICE OF TECHNOLOGY TRANSITIONS.— (2) REQUIREMENTS.—In conducting the re- an Alaska Native Corporation.’’. ‘‘(1) ESTABLISHMENT.—There is established view under paragraph (1), the Secretary (b) TERMS AND CONDITIONS.—Section 1702 of within the Department an Office of Tech- shall— the Energy Policy Act of 2005 (42 U.S.C. nology Transitions (referred to in this sec- (A) identify each program described in that 16512) is amended— tion as the ‘Office’). paragraph the mission of which is to re- (1) in subsection (a), by inserting ‘‘, includ- ‘‘(2) MISSION.—The mission of the Office search and develop technologies that reduce ing projects receiving financial support or shall be— emissions; credit enhancements from a State energy fi- ‘‘(A) to expand the commercial impact of (B) determine the type of services provided nancing institution,’’ after ‘‘for projects’’; the research investments of the Department; by each program identified under subpara- (2) in subsection (d)(1), by inserting ‘‘, in- and graph (A), such as grants and technical as- cluding a guarantee for a project receiving ‘‘(B) to focus on commercializing tech- sistance; financial support or credit enhancements nologies that reduce greenhouse gas emis- (C) determine whether there are written from a State energy financing institution,’’ sions and technologies that support other program goals for each program identified after ‘‘No guarantee’’; and missions of the Department. under subparagraph (A); (3) by adding at the end the following: ‘‘(3) GOALS.— (D) examine the extent to which the pro- ‘‘(l) STATE ENERGY FINANCING INSTITU- ‘‘(A) IN GENERAL.—In carrying out the mis- grams identified under subparagraph (A) TIONS.— sion and activities of the Office, the Chief overlap or are duplicative; and ‘‘(1) ELIGIBILITY.—To be eligible for a guar- Commercialization Officer appointed under (E) develop recommendations— antee under this title, a project receiving fi- paragraph (4) shall, with respect to commer- (i) as to how any overlapping or duplica- nancial support or credit enhancements from cialization activities, meet not less than two tive programs identified under subparagraph a State energy financing institution— of the goals described in subparagraph (B) (D) should be restructured or consolidated, ‘‘(A) shall meet the requirements of sec- and, to the maximum extent practicable, including by any necessary legislation; tion 1703(a)(1); and meet all of the goals described in that sub- (ii) as to how to identify technologies de- ‘‘(B) shall not be required to meet the re- paragraph. scribed in subparagraph (A) that— quirements of section 1703(a)(2). ‘‘(B) GOALS DESCRIBED.—The goals referred (I) are not served by a single program of- ‘‘(2) PARTNERSHIPS AUTHORIZED.—In car- to in subparagraph (A) are the following: fice at the Department; or rying out a project receiving a loan guar- ‘‘(i) Reduction of greenhouse gas emis- (II) the research and development of which antee under this title, State energy financ- sions. may require collaboration with other Fed- ing institutions may enter into partnerships ‘‘(ii) Ensuring economic competitiveness. eral agencies; and with private entities, Tribal entities, and ‘‘(iii) Enhancement of domestic energy se- (iii) for methods to improve the programs Alaska Native corporations. curity and national security. identified under subparagraph (A), including ‘‘(3) PROHIBITION ON USE OF APPROPRIATED ‘‘(iv) Enhancement of domestic jobs. by establishing program goals, assessing FUNDS.—Amounts appropriated to the De- ‘‘(v) Any other missions of the Depart- workforce considerations and technical partment before the date of enactment of ment, as determined by the Secretary. skills, or increasing collaboration with other this subsection shall not be available to be ‘‘(4) CHIEF COMMERCIALIZATION OFFICER.— Federal agencies and stakeholders (including used for the cost of loan guarantees made to ‘‘(A) IN GENERAL.—The Office shall be head- private industry). State energy financing institutions under ed by an officer, who shall be known as the (3) REPORT.—Not later than 60 days after this subsection.’’. ‘Chief Commercialization Officer’, and who the Secretary completes the review under SEC. 1808. ARPA–E REAUTHORIZATION. shall report directly to, and be appointed by, paragraph (1), the Secretary shall submit to (a) GOALS.—Section 5012(c) of the America the Secretary. the Committee on Energy and Natural Re- COMPETES Act (42 U.S.C. 16538(c)) is amend- ‘‘(B) PRINCIPAL ADVISOR.—The Chief Com- sources of the Senate and the Committees on ed— mercialization Officer shall be the principal Science, Space, and Technology and Energy (1) in paragraph (1), by striking subpara- advisor to the Secretary on all matters re- and Commerce of the House of Representa- graph (A) and inserting the following: lating to technology transfer and commer- tives a report describing the results of and ‘‘(A) to enhance the economic and energy cialization. the recommendations developed under the security of the United States through the de- ‘‘(C) QUALIFICATIONS.—The Chief Commer- review. velopment of energy technologies that— cialization Officer’’; SEC. 1806. ENERGY TECHNOLOGY COMMER- ‘‘(i) reduce imports of energy from foreign (2) in subsection (c)— CIALIZATION FUND COST-SHARING. sources; (A) in paragraph (1), by striking ‘‘sub- Section 1001 of the Energy Policy Act of ‘‘(ii) reduce energy-related emissions, in- section (d)’’ and inserting ‘‘subsection (b)’’; 2005 (42 U.S.C. 16391) is amended in sub- cluding greenhouse gases; (B) by redesignating paragraphs (1) section (c) (as redesignated by section ‘‘(iii) improve the energy efficiency of all through (4) as clauses (i) through (iv), respec- 1805(a)(4))— economic sectors; and tively, and indenting appropriately; and (1) in the subsection heading, by inserting ‘‘(iv) improve the resilience, reliability, (C) by striking the subsection designation ‘‘ENERGY’’ before ‘‘TECHNOLOGY’’; and and security of infrastructure to produce, de- and heading and all that follows through (2) by striking ‘‘matching funds with pri- liver, and store energy; and’’; and ‘‘The Coordinator’’ in the matter preceding vate partners’’ and inserting ‘‘, in accord- (2) in paragraph (2), in the matter pre- clause (i) (as so redesignated) and inserting ance with the cost-sharing requirements ceding subparagraph (A), by striking ‘‘en- the following: under section 988, funds to private partners, ergy’’ and inserting ‘‘advanced’’. ‘‘(D) DUTIES.—The Chief Commercializa- including National Laboratories,’’. (b) RESPONSIBILITIES.—Section 5012(e)(3)(A) tion Officer’’; SEC. 1807. STATE LOAN ELIGIBILITY. of the America COMPETES Act (42 U.S.C. (3) by adding at the end of subsection (a) (a) DEFINITIONS.—Section 1701 of the En- 16538(e)(3)(A)) is amended by striking ‘‘en- (as amended by paragraph (2)(C)) the fol- ergy Policy Act of 2005 (42 U.S.C. 16511) is ergy’’. lowing: amended by adding at the end the following: (c) AWARDS.—Section 5012(f) of the America ‘‘(5) COORDINATION.—In carrying out the ‘‘(6) STATE.—The term ‘State’ has the COMPETES Act (42 U.S.C. 16538(f)) is amend- mission and activities of the Office, the Chief meaning given the term in section 202 of the ed— Commercialization Officer shall coordinate Energy Conservation and Production Act (42 (1) by striking ‘‘In carrying’’ and inserting with the senior leadership of the Depart- U.S.C. 6802). the following: ment, other relevant program offices of the ‘‘(7) STATE ENERGY FINANCING INSTITU- ‘‘(1) IN GENERAL.—In carrying’’; and Department, National Laboratories, the TION.— (2) by adding at the end the following: Technology Transfer Working Group estab- ‘‘(A) IN GENERAL.—The term ‘State energy ‘‘(2) CONSIDERATION OF PRIOR GRANTS.—In lished under subsection (b), the Technology financing institution’ means a quasi-inde- awarding a grant under paragraph (1), the Transfer Policy Board, and other stake- pendent entity or an entity within a State Director shall take into account the satisfac- holders (including private industry).’’; agency or financing authority established by tory completion of any project carried out (4) by redesignating subsections (d) a State— by the entity applying for the grant using through (h) as subsections (b) through (f), re- ‘‘(i) to provide financing support or credit any prior grant funds awarded to that entity spectively; and enhancements, including loan guarantees by the Director.’’.

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(d) REPORTS AND ROADMAPS.—Section (b) BIPARTISAN BUDGET ACT OF 2018.—Sec- ‘‘(10) bolster international cooperation 5012(h) of the America COMPETES Act (42 tion 30204(a)(1) of the Bipartisan Budget Act through technology transfer, information U.S.C. 16538(h)) is amended— of 2018 (42 U.S.C. 6241 note; Public Law 115– sharing, and other means; (1) in paragraph (1)— 123) is amended— ‘‘(11) promote the efficient production, use, (A) by striking ‘‘describing projects’’ and (1) in subparagraph (B), by striking ‘‘2026’’ and recycling of critical minerals; inserting the following: ‘‘describing— and inserting ‘‘2029’’; and ‘‘(12) develop alternatives to critical min- ‘‘(A) projects’’; (2) in subparagraph (C), by striking ‘‘2027’’ erals; and (B) in subparagraph (A) (as so designated), and inserting ‘‘2030’’. ‘‘(13) establish contingencies for the pro- by striking the period at the end and insert- (c) RECONCILIATION ON THE BUDGET FOR duction of, or access to, critical minerals for ing ‘‘, including projects that examine topics 2018.—Section 20003(a)(1) of Public Law 115–97 which viable sources do not exist within the and technologies closely relating to other (42 U.S.C. 6241 note) is amended by striking United States.’’. activities funded by the Department;’’ and ‘‘2026 through 2027’’ and inserting ‘‘2029 (2) CONFORMING AMENDMENT.—Section 2(b) (C) by adding at the end the following: through 2030.’’. of the National Materials and Minerals Pol- ‘‘(B) an analysis of whether the Director is TITLE II—SUPPLY CHAIN SECURITY icy, Research and Development Act of 1980 in compliance with subsection (i)(1)(A) in Subtitle A—Mineral Security (30 U.S.C. 1601(b)) is amended by striking ‘‘(b) supporting projects that examine the topics SEC. 2101. MINERAL SECURITY. As used in this Act, the term’’ and inserting and technologies described in subparagraph (a) DEFINITIONS.—In this section: the following: ‘‘(b) DEFINITIONS.—In this Act: (A); and (1) BYPRODUCT.—The term ‘‘byproduct’’ ‘‘(1) CRITICAL MINERAL.—The term ‘critical ‘‘(C) current, proposed, and planned means a critical mineral— mineral’ means any mineral, element, sub- projects to be carried out pursuant to sub- (A) the recovery of which depends on the stance, or material designated as critical by section (e)(3)(D).’’; and production of a host mineral that is not des- the Secretary under section 2101(c) of the (2) in paragraph (2)— ignated as a critical mineral; and American Energy Innovation Act of 2020. (A) by striking ‘‘October 1, 2010, and Octo- (B) that exists in sufficient quantities to ‘‘(2) MATERIALS.—The term’’. ber 1, 2013’’ and inserting ‘‘October 1, 2021, be recovered during processing or refining. (c) CRITICAL MINERAL DESIGNATIONS.— and every 4 years thereafter’’; and (2) CRITICAL MINERAL.— (1) DRAFT METHODOLOGY AND LIST.—The (B) by striking ‘‘3’’ and inserting ‘‘4’’. (A) IN GENERAL.—The term ‘‘critical min- Secretary, acting through the Director of (e) COORDINATION AND NONDUPLICATION.— eral’’ means any mineral, element, sub- the United States Geological Survey (re- Section 5012(i)(1) of the America COMPETES stance, or material designated as critical by ferred to in this subsection as the ‘‘Sec- Act (42 U.S.C. 16538(i)(1)) is amended— the Secretary under subsection (c). retary’’), shall publish in the Federal Reg- (1) by striking ‘‘that the activities’’ and in- (B) EXCLUSIONS.—The term ‘‘critical min- ister for public comment— serting the following: ‘‘that— eral’’ does not include— (A) a description of the draft methodology ‘‘(A) the activities’’; (i) fuel minerals, including oil, natural gas, used to identify a draft list of critical min- (2) in subparagraph (A) (as so designated), or any other fossil fuels; or erals; by striking the period at the end and insert- (ii) water, ice, or snow. (B) a draft list of minerals, elements, sub- ing ‘‘; and’’; and (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ stances, and materials that qualify as crit- (3) by adding at the end the following: has the meaning given the term in section 4 ical minerals; and ‘‘(B) an award is not provided for a project of the Indian Self-Determination and Edu- (C) a draft list of critical minerals recov- unless the prospective award recipient dem- cation Assistance Act (25 U.S.C. 5304). ered as byproducts. onstrates that— (4) SECRETARY.—The term ‘‘Secretary’’ (2) AVAILABILITY OF DATA.—If available ‘‘(i) the prospective award recipient has means the Secretary of the Interior. data is insufficient to provide a quantitative made a sufficient attempt to secure private (5) STATE.—The term ‘‘State’’ means— basis for the methodology developed under financing, as determined by the Director; or (A) a State; this subsection, qualitative evidence may be ‘‘(ii) the project is not independently com- (B) the District of Columbia; used to the extent necessary. mercially viable.’’. (C) the Commonwealth of Puerto Rico; (3) FINAL METHODOLOGY AND LIST.—After (f) EVALUATION.—Section 5012(l) of the (D) Guam; reviewing public comments on the draft America COMPETES Act (42 U.S.C. 16538(l)) (E) American Samoa; methodology and the draft lists published is amended— (F) the Commonwealth of the Northern under paragraph (1) and updating the meth- (1) in paragraph (1), by striking ‘‘After’’ Mariana Islands; and odology and lists as appropriate, not later and all that follows through ‘‘years’’ and in- (G) the United States Virgin Islands. than 45 days after the date on which the pub- serting ‘‘Not later than 3 years after the date (b) POLICY.— lic comment period with respect to the draft of enactment of the American Energy Inno- (1) IN GENERAL.—Section 3 of the National vation Act of 2020’’; and Materials and Minerals Policy, Research and methodology and draft lists closes, the Sec- (2) in paragraph (2)— Development Act of 1980 (30 U.S.C. 1602) is retary shall publish in the Federal Reg- (A) in the matter preceding subparagraph amended in the second sentence— ister— (A), by striking ‘‘shall’’ and inserting (A) by striking paragraph (3) and inserting (A) a description of the final methodology ‘‘may’’; and the following: for determining which minerals, elements, (B) in subparagraph (A), by striking ‘‘the ‘‘(3) establish an analytical and forecasting substances, and materials qualify as critical recommendation of the National Academy of capability for identifying critical mineral minerals; Sciences’’ and inserting ‘‘a recommenda- demand, supply, and other factors to allow (B) the final list of critical minerals; and tion’’. informed actions to be taken to avoid supply (C) the final list of critical minerals recov- (g) AUTHORIZATION OF APPROPRIATIONS.— shortages, mitigate price volatility, and pre- ered as byproducts. Section 5012(o)(2) of the America COMPETES pare for demand growth and other market (4) DESIGNATIONS.— Act (42 U.S.C. 16538(o)(2)) is amended— shifts;’’; (A) IN GENERAL.—For purposes of carrying (1) in the matter preceding subparagraph (B) in paragraph (6), by striking ‘‘and’’ out this subsection, the Secretary shall (A), by striking ‘‘paragraphs (4) and (5)’’ and after the semicolon at the end; and maintain a list of minerals, elements, sub- inserting ‘‘paragraph (4)’’; and (C) by striking paragraph (7) and inserting stances, and materials designated as critical, (2) by striking subparagraphs (A) through the following: pursuant to the final methodology published (E) and inserting the following: ‘‘(7) facilitate the availability, develop- under paragraph (3), that the Secretary de- ‘‘(A) $428,000,000 for fiscal year 2021; ment, and environmentally responsible pro- termines— ‘‘(B) $497,000,000 for fiscal year 2022; duction of domestic resources to meet na- (i) are essential to the economic or na- ‘‘(C) $567,000,000 for fiscal year 2023; tional material or critical mineral needs; tional security of the United States; ‘‘(D) $651,000,000 for fiscal year 2024; and ‘‘(8) avoid duplication of effort, prevent un- (ii) the supply chain of which is vulnerable ‘‘(E) $750,000,000 for fiscal year 2025.’’. necessary paperwork, and minimize delays in to disruption (including restrictions associ- (h) TECHNICAL AMENDMENTS.—Section 5012 the administration of applicable laws (in- ated with foreign political risk, abrupt de- of the America COMPETES Act (42 U.S.C. cluding regulations) and the issuance of per- mand growth, military conflict, violent un- 16538) is amended— mits and authorizations necessary to explore rest, anti-competitive or protectionist be- (1) in subsection (g)(3)(A)(iii), by striking for, develop, and produce critical minerals haviors, and other risks throughout the sup- ‘‘subpart’’ each place it appears and insert- and to construct critical mineral manufac- ply chain); and ing ‘‘subparagraph’’; and turing facilities in accordance with applica- (iii) serve an essential function in the man- (2) in subsection (o)(4)(B), by striking ble environmental and land management ufacturing of a product (including energy ‘‘(c)(2)(D)’’ and inserting ‘‘(c)(2)(C)’’. laws; technology-, defense-, currency-, agriculture- SEC. 1809. ADJUSTING STRATEGIC PETROLEUM ‘‘(9) strengthen— , consumer electronics-, and health care-re- RESERVE MANDATED DRAWDOWNS. ‘‘(A) educational and research capabilities lated applications), the absence of which (a) AMERICA’S WATER INFRASTRUCTURE ACT at not lower than the secondary school level; would have significant consequences for the OF 2018.—Section 3009(a)(1) of the America’s and economic or national security of the United Water Infrastructure Act of 2018 (42 U.S.C. ‘‘(B) workforce training for exploration States. 6241 note; Public Law 115–270) is amended by and development of critical minerals and (B) INCLUSIONS.—Notwithstanding the cri- striking ‘‘2028’’ and inserting ‘‘2030.’’ critical mineral manufacturing; teria under paragraph (3), the Secretary may

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.056 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1393 designate and include on the list any min- ical under the methodology established (D) ensuring transparency and account- eral, element, substance, or material deter- under subsection (c) are completed first. ability by using cost-effective information mined by another Federal agency to be stra- (B) REPORTING.—During the period begin- technology to collect and disseminate infor- tegic and critical to the defense or national ning not later than 1 year after the date of mation regarding individual projects and security of the United States. enactment of this Act and ending on the date agency performance; (C) REQUIRED CONSULTATION.—The Sec- of completion of all of the assessments re- (E) engaging in early and active consulta- retary shall consult with the Secretaries of quired under this subsection, the Secretary tion with State, local, and Indian tribal gov- Defense, Commerce, Agriculture, and Energy shall submit to Congress on an annual basis ernments to avoid conflicts or duplication of and the United States Trade Representative an interim report that— effort, resolve concerns, and allow for con- in designating minerals, elements, sub- (i) identifies the sequence and schedule for current, rather than sequential, reviews; stances, and materials as critical under this completion of the assessments if the Sec- (F) providing demonstrable improvements paragraph. retary sequences the assessments; or in the performance of Federal permitting (5) SUBSEQUENT REVIEW.— (ii) describes the progress of the assess- and review processes, including lower costs (A) IN GENERAL.—The Secretary, in con- ments if the Secretary does not sequence the and more timely decisions; sultation with the Secretaries of Defense, assessments. (G) expanding and institutionalizing per- Commerce, Agriculture, and Energy and the (6) UPDATES.—The Secretary may periodi- mitting and review process improvements United States Trade Representative, shall cally update the assessments conducted that have proven effective; review the methodology and list under para- under this subsection based on— (H) developing mechanisms to better com- graph (3) and the designations under para- (A) the generation of new information or municate priorities and resolve disputes graph (4) at least every 3 years, or more fre- datasets by the Federal Government; or among agencies at the national, regional, quently as the Secretary considers to be ap- (B) the receipt of new information or State, and local levels; and propriate. datasets from critical mineral producers, (I) developing other practices, such as (B) REVISIONS.—Subject to paragraph State geological surveys, academic institu- preapplication procedures. (4)(A), the Secretary may— tions, trade associations, or other persons. (3) REVIEW AND REPORT.—Not later than 1 (i) revise the methodology described in this (7) ADDITIONAL SURVEYS.—The Secretary year after the date of enactment of this Act, subsection; shall complete a resource assessment for the Secretaries shall submit to Congress a (ii) determine that minerals, elements, each additional mineral or element subse- report that— substances, and materials previously deter- quently designated as a critical mineral (A) identifies additional measures (includ- mined to be critical minerals are no longer under subsection (c)(5)(B) not later than 2 ing regulatory and legislative proposals, as critical minerals; and years after the designation of the mineral or appropriate) that would increase the timeli- (iii) designate additional minerals, ele- element. ness of permitting activities for the explo- ments, substances, or materials as critical (8) REPORT.—Not later than 2 years after ration and development of domestic critical minerals. the date of enactment of this Act, the Sec- minerals; (6) NOTICE.—On finalization of the method- retary shall submit to Congress a report de- (B) identifies options (including cost recov- ology and the list under paragraph (3), or any scribing the status of geological surveying of ery paid by permit applicants) for ensuring revision to the methodology or list under Federal land for any mineral commodity— adequate staffing and training of Federal en- paragraph (5), the Secretary shall submit to (A) for which the United States was de- tities and personnel responsible for the con- Congress written notice of the action. pendent on a foreign country for more than sideration of applications, operating plans, (d) RESOURCE ASSESSMENT.— 25 percent of the United States supply, as de- leases, licenses, permits, and other use au- (1) IN GENERAL.—Not later than 4 years picted in the report issued by the United thorizations for critical mineral-related ac- after the date of enactment of this Act, in States Geological Survey entitled ‘‘Mineral tivities on Federal land; consultation with applicable State (includ- Commodity Summaries 2020’’; but (C) quantifies the amount of time typically ing geological surveys), local, academic, in- (B) that is not designated as a critical min- required (including range derived from min- dustry, and other entities, the Secretary eral under subsection (c). imum and maximum durations, mean, me- (acting through the Director of the United (e) PERMITTING.— dian, variance, and other statistical meas- States Geological Survey) or a designee of (1) SENSE OF CONGRESS.—It is the sense of ures or representations) to complete each the Secretary, shall complete a comprehen- Congress that— step (including those aspects outside the sive national assessment of each critical (A) critical minerals are fundamental to control of the executive branch, such as judi- mineral that— the economy, competitiveness, and security cial review, applicant decisions, or State and (A) identifies and quantifies known critical of the United States; local government involvement) associated mineral resources, using all available public (B) to the maximum extent practicable, with the development and processing of ap- and private information and datasets, in- the critical mineral needs of the United plications, operating plans, leases, licenses, cluding exploration histories; and States should be satisfied by minerals re- permits, and other use authorizations for (B) provides a quantitative and qualitative sponsibly produced and recycled in the critical mineral-related activities on Federal assessment of undiscovered critical mineral United States; and land, which shall serve as a baseline for the resources throughout the United States, in- (C) the Federal permitting process has performance metric under paragraph (4); and cluding probability estimates of tonnage and been identified as an impediment to mineral (D) describes actions carried out pursuant grade, using all available public and private production and the mineral security of the to paragraph (2). information and datasets, including explo- United States. (4) PERFORMANCE METRIC.—Not later than ration histories. (2) PERFORMANCE IMPROVEMENTS.—To im- 90 days after the date of submission of the (2) SUPPLEMENTARY INFORMATION.—In car- prove the quality and timeliness of decisions, report under paragraph (3), the Secretaries, rying out this subsection, the Secretary may the Secretary (acting through the Director after providing public notice and an oppor- carry out surveys and field work (including of the Bureau of Land Management) and the tunity to comment, shall develop and pub- drilling, remote sensing, geophysical sur- Secretary of Agriculture (acting through the lish a performance metric for evaluating the veys, topographical and geological mapping, Chief of the Forest Service) (referred to in progress made by the executive branch to ex- and geochemical sampling and analysis) to this subsection as the ‘‘Secretaries’’) shall, pedite the permitting of activities that will supplement existing information and to the maximum extent practicable, with re- increase exploration for, and development of, datasets available for determining the exist- spect to critical mineral production on Fed- domestic critical minerals, while maintain- ence of critical minerals in the United eral land, complete Federal permitting and ing environmental standards. States. review processes with maximum efficiency (5) ANNUAL REPORTS.—Beginning with the (3) PUBLIC ACCESS.—Subject to applicable and effectiveness, while supporting vital eco- first budget submission by the President law, to the maximum extent practicable, the nomic growth, by— under section 1105 of title 31, United States Secretary shall make all data and metadata (A) establishing and adhering to timelines Code, after publication of the performance collected from the comprehensive national and schedules for the consideration of, and metric required under paragraph (4), and an- assessment carried out under paragraph (1) final decisions regarding, applications, oper- nually thereafter, the Secretaries shall sub- publically and electronically accessible. ating plans, leases, licenses, permits, and mit to Congress a report that— (4) TECHNICAL ASSISTANCE.—At the request other use authorizations for mineral-related (A) summarizes the implementation of rec- of the Governor of a State or the head of an activities on Federal land; ommendations, measures, and options identi- Indian tribe, the Secretary may provide (B) establishing clear, quantifiable, and fied in subparagraphs (A) and (B) of para- technical assistance to State governments temporal permitting performance goals and graph (3); and Indian tribes conducting critical mineral tracking progress against those goals; (B) using the performance metric under resource assessments on non-Federal land. (C) engaging in early collaboration among paragraph (4), describes progress made by the (5) PRIORITIZATION.— agencies, project sponsors, and affected executive branch, as compared to the base- (A) IN GENERAL.—The Secretary may se- stakeholders— line established pursuant to paragraph (3)(C), quence the completion of resource assess- (i) to incorporate and address the interests on expediting the permitting of activities ments for each critical mineral such that of those parties; and that will increase exploration for, and devel- critical minerals considered to be most crit- (ii) to minimize delays; opment of, domestic critical minerals; and

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.056 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1394 CONGRESSIONAL RECORD — SENATE March 3, 2020 (C) compares the United States to other essing technologies that decrease the energy (v) the quantity of each critical mineral countries in terms of permitting efficiency consumption, environmental impact, and domestically recycled during the preceding and any other criteria relevant to the glob- costs of those activities, including— year; ally competitive critical minerals industry. (i) efficient water and wastewater manage- (vi) the market penetration during the pre- (6) INDIVIDUAL PROJECTS.—Using data from ment strategies; ceding year of alternatives to each critical the Secretaries generated under paragraph (ii) technologies and management strate- mineral; (5), the Director of the Office of Management gies to control the environmental impacts of (vii) a discussion of international trends and Budget shall prioritize inclusion of indi- radionuclides in ore tailings; associated with the discovery, production, vidual critical mineral projects on the (iii) technologies for separation and proc- consumption, use, costs of production, website operated by the Office of Manage- essing; and prices, and recycling of each critical mineral ment and Budget in accordance with section (iv) technologies for increasing the recov- as well as the development of alternatives to 1122 of title 31, United States Code. ery rates of byproducts from host metal ores; critical minerals; and (7) REPORT OF SMALL BUSINESS ADMINISTRA- (B) technologies or process improvements (viii) such other data, analyses, and eval- TION.—Not later than 1 year and 300 days that minimize the use, or lead to more effi- uations as the Secretary finds are necessary after the date of enactment of this Act, the cient use, of critical minerals across the full to achieve the purposes of this subsection; Administrator of the Small Business Admin- supply chain; and istration shall submit to the applicable com- (C) technologies, process improvements, or (B) a comprehensive forecast, entitled the mittees of Congress a report that assesses design optimizations that facilitate the recy- ‘‘Annual Critical Minerals Outlook’’, of pro- the performance of Federal agencies with re- cling of critical minerals, and options for im- jected critical mineral production, consump- spect to— proving the rates of collection of products tion, and recycling patterns, including— (A) complying with chapter 6 of title 5, and scrap containing critical minerals from (i) the quantity of each critical mineral United States Code (commonly known as the post-consumer, industrial, or other waste projected to be domestically produced over ‘‘Regulatory Flexibility Act’’), in promul- streams; the subsequent 1-year, 5-year, and 10-year pe- gating regulations applicable to the critical (D) commercial markets, advanced storage riods; minerals industry; and methods, energy applications, and other ben- (ii) the quantity of each critical mineral (B) performing an analysis of regulations eficial uses of critical minerals processing projected to be domestically consumed over applicable to the critical minerals industry byproducts; the subsequent 1-year, 5-year, and 10-year pe- that may be outmoded, inefficient, duplica- (E) alternative minerals, metals, and ma- riods; tive, or excessively burdensome. terials, particularly those available in abun- (iii) an assessment of— (f) FEDERAL REGISTER PROCESS.— dance within the United States and not sub- (I) critical mineral requirements to meet (1) DEPARTMENTAL REVIEW.—Absent any ex- ject to potential supply restrictions, that projected national security, energy, eco- traordinary circumstance, and except as oth- lessen the need for critical minerals; and nomic, industrial, technological, and other erwise required by law, the Secretary and (F) alternative energy technologies or al- needs of the United States; the Secretary of Agriculture shall ensure ternative designs of existing energy tech- (II) the projected reliance of the United that each Federal Register notice described nologies, particularly those that use min- States on foreign sources to meet those in paragraph (2) shall be— erals that— needs; and (A) subject to any required reviews within (III) the projected implications of potential (i) occur in abundance in the United the Department of the Interior or the De- supply shortages, restrictions, or disrup- States; and partment of Agriculture; and tions; (ii) are not subject to potential supply re- (B) published in final form in the Federal (iv) the quantity of each critical mineral strictions. Register not later than 45 days after the date projected to be domestically recycled over (4) REPORTS.—Not later than 2 years after of initial preparation of the notice. the subsequent 1-year, 5-year, and 10-year pe- the date of enactment of this Act, and annu- (2) PREPARATION.—The preparation of Fed- riods; ally thereafter, the Secretary shall submit eral Register notices required by law associ- (v) the market penetration of alternatives to Congress a report summarizing the activi- ated with the issuance of a critical mineral to each critical mineral projected to take ties, findings, and progress of the program. exploration or mine permit shall be dele- place over the subsequent 1-year, 5-year, and gated to the organizational level within the (h) ANALYSIS AND FORECASTING.— 10-year periods; agency responsible for issuing the critical (1) CAPABILITIES.—In order to evaluate ex- (vi) a discussion of reasonably foreseeable mineral exploration or mine permit. isting critical mineral policies and inform international trends associated with the dis- (3) TRANSMISSION.—All Federal Register future actions that may be taken to avoid covery, production, consumption, use, costs notices regarding official document avail- supply shortages, mitigate price volatility, of production, and recycling of each critical ability, announcements of meetings, or no- and prepare for demand growth and other mineral as well as the development of alter- tices of intent to undertake an action shall market shifts, the Secretary (acting through natives to critical minerals; and be originated in, and transmitted to the Fed- the Director of the United States Geological (vii) such other projections relating to eral Register from, the office in which, as ap- Survey) or a designee of the Secretary, in each critical mineral as the Secretary deter- plicable— consultation with the Energy Information mines to be necessary to achieve the pur- (A) the documents or meetings are held; or Administration, academic institutions, and poses of this subsection. (B) the activity is initiated. others in order to maximize the application (2) PROPRIETARY INFORMATION.—In pre- (g) RECYCLING, EFFICIENCY, AND ALTER- of existing competencies related to devel- paring a report described in paragraph (1), NATIVES.— oping and maintaining computer-models and the Secretary shall ensure, consistent with (1) ESTABLISHMENT.—The Secretary of En- similar analytical tools, shall conduct and section 5(f) of the National Materials and ergy (referred to in this subsection as the publish the results of an annual report that Minerals Policy, Research and Development ‘‘Secretary’’) shall conduct a program of re- includes— Act of 1980 (30 U.S.C. 1604(f)), that— search and development— (A) as part of the annually published Min- (A) no person uses the information and (A) to promote the efficient production, eral Commodity Summaries from the United data collected for the report for a purpose use, and recycling of critical minerals States Geological Survey, a comprehensive other than the development of or reporting throughout the supply chain; and review of critical mineral production, con- of aggregate data in a manner such that the (B) to develop alternatives to critical min- sumption, and recycling patterns, includ- identity of the person or firm who supplied erals that do not occur in significant abun- ing— the information is not discernible and is not dance in the United States. (i) the quantity of each critical mineral do- material to the intended uses of the informa- (2) COOPERATION.—In carrying out the pro- mestically produced during the preceding tion; gram, the Secretary shall cooperate with ap- year; (B) no person discloses any information or propriate— (ii) the quantity of each critical mineral data collected for the report unless the infor- (A) Federal agencies and National Labora- domestically consumed during the preceding mation or data has been transformed into a tories; year; statistical or aggregate form that does not (B) critical mineral producers; (iii) market price data or other price data allow the identification of the person or firm (C) critical mineral processors; for each critical mineral; who supplied particular information; and (D) critical mineral manufacturers; (iv) an assessment of— (C) procedures are established to require (E) trade associations; (I) critical mineral requirements to meet the withholding of any information or data (F) academic institutions; the national security, energy, economic, in- collected for the report if the Secretary de- (G) small businesses; and dustrial, technological, and other needs of termines that withholding is necessary to (H) other relevant entities or individuals. the United States during the preceding year; protect proprietary information, including (3) ACTIVITIES.—Under the program, the (II) the reliance of the United States on any trade secrets or other confidential infor- Secretary shall carry out activities that in- foreign sources to meet those needs during mation. clude the identification and development the preceding year; and (i) EDUCATION AND WORKFORCE.— of— (III) the implications of any supply short- (1) WORKFORCE ASSESSMENT.—Not later (A) advanced critical mineral extraction, ages, restrictions, or disruptions during the than 1 year and 300 days after the date of en- production, separation, alloying, or proc- preceding year; actment of this Act, the Secretary of Labor

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RARE EARTH ELEMENT ADVANCED rector of the National Science Foundation, and receive 4-year grants for— COAL TECHNOLOGIES. institutions of higher education with sub- (i) startup costs for newly designated fac- (a) PROGRAM FOR EXTRACTION AND RECOV- stantial expertise in mining, institutions of ulty positions in integrated critical mineral ERY OF RARE EARTH ELEMENTS AND MINERALS higher education with significant expertise education, research, innovation, training, FROM COAL AND COAL BYPRODUCTS.— in minerals research, including fundamental and workforce development programs con- (1) IN GENERAL.—The Secretary of Energy, research into alternatives, and employers in sistent with paragraph (2); acting through the Assistant Secretary for the critical minerals sector) shall submit to (ii) internships, scholarships, and fellow- Fossil Energy (referred to in this section as Congress an assessment of the domestic ships for students enrolled in programs re- the ‘‘Secretary’’), shall carry out a program availability of technically trained personnel lated to critical minerals; under which the Secretary shall develop ad- necessary for critical mineral exploration, (iii) equipment necessary for integrated vanced separation technologies for the ex- development, assessment, production, manu- critical mineral innovation, training, and traction and recovery of rare earth elements facturing, recycling, analysis, forecasting, workforce development programs; and and minerals from coal and coal byproducts. (2) AUTHORIZATION OF APPROPRIATIONS.— education, and research, including an anal- (iv) research of critical minerals and their There is authorized to be appropriated to the ysis of— applications, particularly concerning the Secretary to carry out the program de- (A) skills that are in the shortest supply as manufacture of critical components vital to scribed in paragraph (1) $23,000,000 for each of of the date of the assessment; national security. fiscal years 2021 through 2027. (B) skills that are projected to be in short (B) RENEWAL.—A grant under this para- graph shall be renewable for up to 2 addi- (b) REPORT.—Not later than 1 year after supply in the future; the date of enactment of this Act, the Sec- tional 3-year terms based on performance (C) the demographics of the critical min- retary shall submit to the Committee on En- criteria outlined under paragraph (2)(A)(iv). erals industry and how the demographics ergy and Natural Resources of the Senate will evolve under the influence of factors (j) NATIONAL GEOLOGICAL AND GEOPHYSICAL and the Committee on Energy and Commerce such as an aging workforce; DATA PRESERVATION PROGRAM.—Section of the House of Representatives a report (D) the effectiveness of training and edu- 351(k) of the Energy Policy Act of 2005 (42 evaluating the development of advanced sep- cation programs in addressing skills short- U.S.C. 15908(k)) is amended by striking aration technologies for the extraction and ages; ‘‘$30,000,000 for each of fiscal years 2006 recovery of rare earth elements and minerals (E) opportunities to hire locally for new from coal and coal byproducts, including through 2010’’ and inserting ‘‘$5,000,000 for and existing critical mineral activities; acid mine drainage from coal mines. each of fiscal years 2021 through 2029, to re- (F) the sufficiency of personnel within rel- Subtitle B—Cybersecurity and Grid Security main available until expended’’. evant areas of the Federal Government for and Modernization achieving the policies described in section 3 (k) ADMINISTRATION.— PART I—CYBERSECURITY AND GRID of the National Materials and Minerals Pol- (1) IN GENERAL.—The National Critical Ma- SECURITY icy, Research and Development Act of 1980 terials Act of 1984 (30 U.S.C. 1801 et seq.) is SEC. 2201. INCENTIVES FOR ADVANCED CYBERSE- (30 U.S.C. 1602); and repealed. (G) the potential need for new training pro- CURITY TECHNOLOGY INVESTMENT. (2) CONFORMING AMENDMENT.—Section 3(d) Part II of the Federal Power Act is amend- grams to have a measurable effect on the of the National Superconductivity and Com- ed by inserting after section 219 (16 U.S.C. supply of trained workers in the critical petitiveness Act of 1988 (15 U.S.C. 5202(d)) is 824s) the following: minerals industry. amended in the first sentence by striking ‘‘, ‘‘SEC. 219A. INCENTIVES FOR CYBERSECURITY IN- (2) CURRICULUM STUDY.— with the assistance of the National Critical VESTMENTS. (A) IN GENERAL.—The Secretary and the Materials Council as specified in the Na- ‘‘(a) DEFINITIONS.—In this section: Secretary of Labor shall jointly enter into tional Critical Materials Act of 1984 (30 ‘‘(1) ADVANCED CYBERSECURITY TECH- an arrangement with the National Academy U.S.C. 1801 et seq.),’’. NOLOGY.—The term ‘advanced cybersecurity of Sciences and the National Academy of En- (3) SAVINGS CLAUSES.— technology’ means any technology, oper- gineering under which the Academies shall (A) IN GENERAL.—Nothing in this section or ational capability, or service, including com- coordinate with the National Science Foun- an amendment made by this section modifies puter hardware, software, or a related asset, dation on conducting a study— any requirement or authority provided by— that enhances the security posture of public (i) to design an interdisciplinary program (i) the matter under the heading ‘‘GEOLOGI- utilities through improvements in the abil- on critical minerals that will support the CAL SURVEY’’ of the first section of the Act of ity to protect against, detect, respond to, or critical mineral supply chain and improve March 3, 1879 (43 U.S.C. 31(a)); or recover from a cybersecurity threat (as de- the ability of the United States to increase (ii) the first section of Public Law 87–626 fined in section 102 of the Cybersecurity Act domestic, critical mineral exploration, de- (43 U.S.C. 31(b)). of 2015 (6 U.S.C. 1501)). velopment, production, manufacturing, re- (B) EFFECT ON DEPARTMENT OF DEFENSE.— ‘‘(2) ADVANCED CYBERSECURITY TECHNOLOGY search, including fundamental research into Nothing in this section or an amendment INFORMATION.—The term ‘advanced cyberse- alternatives, and recycling; made by this section affects the authority of curity technology information’ means infor- (ii) to address undergraduate and graduate the Secretary of Defense with respect to the mation relating to advanced cybersecurity education, especially to assist in the devel- work of the Department of Defense on crit- technology or proposed advanced cybersecu- opment of graduate level programs of re- ical material supplies in furtherance of the rity technology that is generated by or pro- search and instruction that lead to advanced national defense mission of the Department vided to the Commission or another Federal degrees with an emphasis on the critical of Defense. agency. mineral supply chain or other positions that (C) SECRETARIAL ORDER NOT AFFECTED.— ‘‘(b) STUDY.—Not later than 180 days after will increase domestic, critical mineral ex- This section shall not apply to any mineral the date of enactment of this section, the ploration, development, production, manu- described in Secretarial Order No. 3324, Commission, in consultation with the Sec- facturing, research, including fundamental issued by the Secretary on December 3, 2012, retary of Energy, the North American Elec- research into alternatives, and recycling; in any area to which the order applies. tric Reliability Corporation, the Electricity (iii) to develop guidelines for proposals (4) APPLICATION OF CERTAIN PROVISIONS.— Subsector Coordinating Council, and the Na- from institutions of higher education with (A) IN GENERAL.—Subsections (e) and (f) tional Association of Regulatory Utility substantial capabilities in the required dis- shall apply to— Commissioners, shall conduct a study to ciplines for activities to improve the critical (i) an exploration project in which the identify incentive-based, including perform- mineral supply chain and advance the capac- presence of a byproduct is reasonably ex- ance-based, rate treatments for the trans- ity of the United States to increase domes- pected, based on known mineral mission and sale of electric energy subject to tic, critical mineral exploration, research, companionality, geologic formation, min- the jurisdiction of the Commission that development, production, manufacturing, eralogy, or other factors; and could be used to encourage— and recycling; and (ii) a project that demonstrates that the ‘‘(1) investment by public utilities in ad- (iv) to outline criteria for evaluating per- byproduct is of sufficient grade that, when vanced cybersecurity technology; and formance and recommendations for the combined with the production of a host min- ‘‘(2) participation by public utilities in cy- amount of funding that will be necessary to eral, the byproduct is economic to recover, bersecurity threat information sharing pro- establish and carry out the program de- as determined by the applicable Secretary in grams. scribed in paragraph (3). accordance with subparagraph (B). ‘‘(c) INCENTIVE-BASED RATE TREATMENT.— (B) REPORT.—Not later than 2 years after (B) REQUIREMENT.—In making the deter- Not later than 1 year after the completion of the date of enactment of this Act, the Sec- mination under subparagraph (A)(ii), the ap- the study under subsection (b), the Commis- retary shall submit to Congress a description plicable Secretary shall consider the cost ef- sion shall establish, by rule, incentive-based, of the results of the study required under fectiveness of the byproducts recovery. including performance-based, rate treat- subparagraph (A). ments for the transmission of electric energy (3) PROGRAM.— (l) AUTHORIZATION OF APPROPRIATIONS.— in interstate commerce and the sale of elec- (A) ESTABLISHMENT.—The Secretary and There is authorized to be appropriated to tric energy at wholesale in interstate com- the Secretary of Labor shall jointly conduct carry out this section $50,000,000 for each of merce by public utilities for the purpose of a competitive grant program under which in- fiscal years 2021 through 2029. benefitting consumers by encouraging—

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‘‘(1) investments by public utilities in ad- (3) PROGRAM.—The term ‘‘Program’’ means ‘‘(1) secure the energy infrastructure of the vanced cybersecurity technology; and the Rural and Municipal Utility Advanced State against all physical and cybersecurity ‘‘(2) participation by public utilities in cy- Cybersecurity Grant and Technical Assist- threats; bersecurity threat information sharing pro- ance Program established under subsection ‘‘(2) mitigate the risk of energy supply dis- grams. (b). ruptions to the State and enhance the re- ‘‘(d) FACTORS FOR CONSIDERATION.—In (b) ESTABLISHMENT.—Not later than 180 sponse to, and recovery from, energy disrup- issuing a rule pursuant to this section, the days after the date of enactment of this Act, tions; and Commission may provide additional incen- the Secretary, in consultation with the Fed- ‘‘(3) ensure the State has a reliable, secure, tives beyond those identified in subsection eral Energy Regulatory Commission, the and resilient energy infrastructure. (c) in any case in which the Commission de- North American Electric Reliability Cor- ‘‘(b) CONTENTS OF PLAN.—A State energy termines that an investment in advanced cy- poration, and the Electricity Subsector Co- security plan described in subsection (a) bersecurity technology or information shar- ordinating Council, shall establish a pro- shall— ing program costs will reduce cybersecurity gram, to be known as the ‘‘Rural and Munic- ‘‘(1) address all energy sources and regu- risks to— ipal Utility Advanced Cybersecurity Grant lated and unregulated energy providers; ‘‘(1) defense critical electric infrastructure and Technical Assistance Program’’, to pro- ‘‘(2) provide a State energy profile, includ- (as defined in section 215A(a)) and other fa- vide grants and technical assistance to, and ing an assessment of energy production, dis- cilities subject to the jurisdiction of the enter into cooperative agreements with, eli- tribution, and end-use; Commission that are critical to public safe- gible entities to protect against, detect, re- ‘‘(3) address potential hazards to each en- ty, national defense, or homeland security, spond to, and recover from cybersecurity ergy sector or system, including physical as determined by the Commission in con- threats. threats and cybersecurity threats and sultation with— (c) OBJECTIVES.—The objectives of the Pro- vulnerabilities; ‘‘(A) the Secretary of Energy; and gram shall be— ‘‘(4) provide a risk assessment of energy in- ‘‘(B) appropriate Federal agencies; and (1) to deploy advanced cybersecurity tech- frastructure and cross-sector interdepend- ‘‘(2) facilities of small or medium-sized nologies for electric utility systems; and encies; public utilities with limited cybersecurity (2) to increase the participation of eligible ‘‘(5) provide a risk mitigation approach to resources, as determined by the Commission. entities in cybersecurity threat information ‘‘(e) RATEPAYER PROTECTION.— enhance reliability and end-use resilience; sharing programs. ‘‘(1) IN GENERAL.—Any rate approved under and (d) AWARDS.— a rule issued pursuant to this section, in- ‘‘(6) address multi-State, Indian Tribe, and (1) IN GENERAL.—The Secretary— cluding any revisions to that rule, shall be regional coordination planning and response, (A) shall award grants and provide tech- subject to the requirements of sections 205 and to the extent practicable, encourage mu- nical assistance under the Program to eligi- and 206 that all rates, charges, terms, and tual assistance in cyber and physical re- conditions— ble entities on a competitive basis; sponse plans. ‘‘(A) shall be just and reasonable; and (B) shall develop criteria and a formula for ‘‘(c) COORDINATION.—In developing or revis- ‘‘(B) shall not be unduly discriminatory or awarding grants and providing technical as- ing a State energy security plan under this preferential. sistance under the Program; section, the energy office of the State shall, (C) may enter into cooperative agreements ‘‘(2) PROHIBITION OF DUPLICATE RECOVERY.— to the extent practicable, coordinate with— Any rule issued pursuant to this section with eligible entities that can facilitate the ‘‘(1) the public utility or service commis- shall preclude rate treatments that allow un- objectives described in subsection (c); and sion of the State; just and unreasonable double recovery for (D) shall establish a process to ensure that ‘‘(2) energy providers from the private and advanced cybersecurity technology. all eligible entities are informed about and public sectors; and ‘‘(f) SINGLE-ISSUE RATE FILINGS.—The can become aware of opportunities to receive ‘‘(3) other entities responsible for main- Commission shall permit public utilities to grants or technical assistance under the Pro- taining fuel or electric reliability and secur- apply for incentive-based rate treatment gram. ing energy infrastructure. under a rule issued under this section on a (2) PRIORITY FOR GRANTS AND TECHNICAL AS- ‘‘(d) FINANCIAL ASSISTANCE.—A State is not single-issue basis by submitting to the Com- SISTANCE.—In awarding grants and providing eligible to receive Federal financial assist- mission a tariff schedule under section 205 technical assistance under the Program, the ance under this part, for any purpose, for a that permits recovery of costs and incentives Secretary shall give priority to an eligible fiscal year unless the Governor of such State over the depreciable life of the applicable as- entity that, as determined by the Sec- submits to the Secretary, with respect to sets, without regard to changes in receipts or retary— such fiscal year— other costs of the public utility. (A) has limited cybersecurity resources; ‘‘(1) a State energy security plan described ‘‘(g) PROTECTION OF INFORMATION.—Ad- (B) owns assets critical to the reliability of in subsection (a) that meets the require- vanced cybersecurity technology informa- the bulk power system; or ments of subsection (b); or tion that is provided to, generated by, or col- (C) owns defense critical electric infra- ‘‘(2) after an annual review of the State en- lected by the Federal Government under sub- structure (as defined in section 215A(a) of the ergy security plan by the Governor— section (b), (c), or (f) shall be considered to Federal Power Act (16 U.S.C. 824o–1(a))). ‘‘(A) any necessary revisions to such plan; be critical electric infrastructure informa- (e) PROTECTION OF INFORMATION.—Informa- or tion under section 215A.’’. tion provided to, or collected by, the Federal ‘‘(B) a certification that no revisions to SEC. 2202. RURAL AND MUNICIPAL UTILITY AD- Government under this section— such plan are necessary. VANCED CYBERSECURITY GRANT (1) shall be exempt from disclosure under ‘‘(e) TECHNICAL ASSISTANCE.—Upon request AND TECHNICAL ASSISTANCE PRO- section 552(b)(3) of title 5, United States GRAM. of the Governor of a State, the Secretary Code; and (a) DEFINITIONS.—In this section: may provide information and technical as- (2) shall not be made available by any Fed- (1) ADVANCED CYBERSECURITY TECH- sistance, and other assistance, in the devel- eral agency, State, political subdivision of a NOLOGY.—The term ‘‘advanced cybersecurity opment, implementation, or revision of a technology’’ means any technology, oper- State, or Tribal authority under any applica- State energy security plan. ational capability, or service, including com- ble law requiring public disclosure of infor- ‘‘(f) REQUIREMENT.—Each State receiving puter hardware, software, or a related asset, mation or records. Federal financial assistance under this part that enhances the security posture of elec- (f) FUNDING.—There is authorized to be ap- shall provide reasonable assurance to the tric utilities through improvements in the propriated to carry out this section Secretary that the State has established ability to protect against, detect, respond to, $50,000,000 for each of fiscal years 2021 policies and procedures designed to assure or recover from a cybersecurity threat (as through 2025, to remain available until ex- that the financial assistance will be used— defined in section 102 of the Cybersecurity pended. ‘‘(1) to supplement, and not to supplant, Act of 2015 (6 U.S.C. 1501)). SEC. 2203. STATE ENERGY SECURITY PLANS. State and local funds; and (2) ELIGIBLE ENTITY.—The term ‘‘eligible (a) IN GENERAL.—Part D of title III of the ‘‘(2) to the maximum extent practicable, to entity’’ means— Energy Policy and Conservation Act (42 increase the amount of State and local funds (A) a rural electric cooperative; U.S.C. 6321 et seq.) is amended by adding at that otherwise would be available, in the ab- (B) a utility owned by a political subdivi- the end the following: sence of the financial assistance, for the im- sion of a State, such as a municipally owned ‘‘SEC. 367. STATE ENERGY SECURITY PLANS. plementation of the State energy security electric utility; ‘‘(a) IN GENERAL.—Federal financial assist- plan under this section. (C) a utility owned by any agency, author- ance made available to a State under this ‘‘(g) PROTECTION OF INFORMATION.—Infor- ity, corporation, or instrumentality of 1 or part may be used for the development, im- mation provided to, or collected by, the Fed- more political subdivisions of a State; plementation, review, and revision of a State eral Government under this section— (D) a not-for-profit entity that is in a part- energy security plan that assesses the ‘‘(1) shall be exempt from disclosure under nership with not fewer than 6 entities de- State’s existing circumstances and proposes section 552(b)(3) of title 5, United States scribed in subparagraph (A), (B), or (C); and methods to strengthen the ability of the Code; and (E) an investor-owned electric utility that State, in consultation with owners and oper- ‘‘(2) shall not be made available by any sells less than 4,000,000 megawatt hours of ators of energy infrastructure in such State, Federal agency, State, political subdivision electricity per year. to— of a State, or Tribal authority pursuant to

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(i) existing Department programs; and a means to assess risks to the energy sector, (b) AUTHORIZATION OF APPROPRIATIONS.— (ii) existing programs of the Federal agen- including by implementing an all-hazards Section 365(f) of the Energy Policy and Con- cies determined to be appropriate under approach to communications infrastructure, servation Act (42 U.S.C. 6325(f)) is amended— paragraph (1). control systems architecture, and power sys- (1) by striking ‘‘$125,000,000’’ and inserting (3) PROTECTION OF INFORMATION.—Informa- tems architecture; ‘‘$90,000,000’’; and tion provided to, or collected by, the Federal (C) to perform pilot demonstration (2) by striking ‘‘2007 through 2012’’ and in- Government pursuant to this subsection— projects with the energy sector to gain expe- serting ‘‘2021 through 2025’’. (A) shall be exempt from disclosure under rience with new technologies; and (c) TECHNICAL AND CONFORMING AMEND- section 552(b)(3) of title 5, United States (D) to develop workforce development cur- MENTS.— Code; and ricula for energy sector-related cybersecu- (1) CONFORMING AMENDMENTS.—Section 363 (B) shall not be made available by any Fed- rity. of the Energy Policy and Conservation Act eral agency, State, political subdivision of a (2) AUTHORIZATION OF APPROPRIATIONS.— (42 U.S.C. 6323) is amended— State, or Tribal authority pursuant to any There is authorized to be appropriated to (A) by striking subsection (e); and Federal, State, political subdivision of a carry out this subsection $65,000,000 for each (B) by redesignating subsection (f) as sub- State, or Tribal law, respectively, requiring of fiscal years 2021 through 2029. section (e). public disclosure of information or records. (c) ENERGY SECTOR COMPONENT TESTING (2) TECHNICAL AMENDMENT.—Section (c) REPORT ON CYBERSECURITY AND DIS- FOR CYBERRESILIENCE PROGRAM.— 366(3)(B)(i) of the Energy Policy and Con- TRIBUTION SYSTEMS.— (1) IN GENERAL.—The Secretary shall carry servation Act (42 U.S.C. 6326(3)(B)(i)) is (1) IN GENERAL.—Not later than 1 year after out a program— amended by striking ‘‘approved under sec- the date of enactment of this Act, the Sec- (A) to establish a cybertesting and mitiga- tion 367’’. retary, in consultation with State regu- tion program to identify vulnerabilities of latory authorities, industry stakeholders, energy sector supply chain products to (3) REFERENCE.—The matter under the and any other Federal agencies that the Sec- known threats; heading ‘‘ENERGY CONSERVATION’’ under the heading ‘‘DEPARTMENT OF ENERGY’’ in retary determines to be appropriate, shall (B) to oversee third-party cybertesting; submit to Congress a report that assesses— and title II of the Department of the Interior and (A) priorities, policies, procedures, and ac- (C) to develop procurement guidelines for Related Agencies Appropriations Act, 1985 tions for enhancing the physical security and energy sector supply chain components. (42 U.S.C. 6323a) is amended by striking ‘‘sec- cybersecurity of electricity distribution sys- (2) AUTHORIZATION OF APPROPRIATIONS.— tions 361 through 366’’ and inserting ‘‘sec- tems, including behind-the-meter genera- There is authorized to be appropriated to tions 361 through 367’’. tion, storage, and load management devices, carry out this subsection $15,000,000 for each (4) TABLE OF CONTENTS.—The table of con- to address threats to, and vulnerabilities of, of fiscal years 2021 through 2029. tents for part D of title III of the Energy electricity distribution systems; and (d) ENERGY SECTOR OPERATIONAL SUPPORT Policy and Conservation Act (Public Law 94– (B) the implementation of the priorities, FOR CYBERRESILIENCE PROGRAM.— 163; 89 Stat. 872; 92 Stat. 3272; 104 Stat. 1006) policies, procedures, and actions assessed (1) IN GENERAL.—The Secretary may carry is amended by adding at the end the fol- under subparagraph (A), including— out a program— lowing: (i) an estimate of potential costs and bene- (A) to enhance and periodically test— ‘‘Sec. 367. State energy security plans.’’. fits of the implementation; and (i) the emergency response capabilities of SEC. 2204. ENHANCING GRID SECURITY (ii) an assessment of any public-private the Department; and THROUGH PUBLIC-PRIVATE PART- cost-sharing opportunities. (ii) the coordination of the Department NERSHIPS. (2) PROTECTION OF INFORMATION.—Informa- with other agencies, the National Labora- (a) DEFINITIONS.—In this section: tion provided to, or collected by, the Federal tories, and private industry; (1) ELECTRIC RELIABILITY ORGANIZATION.— Government under this subsection— (B) to expand cooperation of the Depart- The term ‘‘Electric Reliability Organiza- (A) shall be exempt from disclosure under ment with the intelligence communities for tion’’ has the meaning given the term in sec- section 552(b)(3) of title 5, United States energy sector-related threat collection and tion 215(a) of the Federal Power Act (16 Code; and analysis; U.S.C. 824o(a)). (B) shall not be made available by any Fed- (C) to enhance the tools of the Department (2) ELECTRIC UTILITY; STATE REGULATORY eral agency, State, political subdivision of a and E–ISAC for monitoring the status of the AUTHORITY.—The terms ‘‘electric utility’’ State, or Tribal authority pursuant to any energy sector; and ‘‘State regulatory authority’’ have the Federal, State, political subdivision of a (D) to expand industry participation in E– meanings given those terms in section 3 of State, or Tribal law, respectively, requiring ISAC; and the Federal Power Act (16 U.S.C. 796). public disclosure of information or records. (E) to provide technical assistance to small (b) PROGRAM TO PROMOTE AND ADVANCE SEC. 2205. ENHANCED GRID SECURITY. electric utilities for purposes of assessing PHYSICAL SECURITY AND CYBERSECURITY OF (a) DEFINITIONS.—In this section: cybermaturity level. ELECTRIC UTILITIES.— (1) ELECTRIC UTILITY.—The term ‘‘electric (2) AUTHORIZATION OF APPROPRIATIONS.— (1) ESTABLISHMENT.—The Secretary, in utility’’ has the meaning given the term in There is authorized to be appropriated to consultation with State regulatory authori- section 3 of the Federal Power Act (16 U.S.C. carry out this subsection $10,000,000 for each ties, industry stakeholders, the Electric Re- 796). of fiscal years 2021 through 2029. liability Organization, and any other Federal (2) E–ISAC.—The term ‘‘E–ISAC’’ means (e) MODELING AND ASSESSING ENERGY IN- agencies that the Secretary determines to be the Electricity Sector Information Sharing FRASTRUCTURE RISK.— appropriate, shall carry out a program— and Analysis Center. (1) IN GENERAL.—The Secretary shall de- (A) to develop, and provide for voluntary (b) CYBERSECURITY FOR THE ENERGY SECTOR velop an advanced energy security program implementation of, maturity models, self-as- RESEARCH, DEVELOPMENT, AND DEMONSTRA- to secure energy networks, including elec- sessments, and auditing methods for assess- TION PROGRAM.— tric, natural gas, and oil exploration, trans- ing the physical security and cybersecurity (1) IN GENERAL.—The Secretary, in con- mission, and delivery. of electric utilities; sultation with appropriate Federal agencies, (2) SECURITY AND RESILIENCY OBJECTIVE.— (B) to assist with threat assessment and the energy sector, the States, and other The objective of the program developed cybersecurity training for electric utilities; stakeholders, shall carry out a program— under paragraph (1) is to increase the func- (C) to provide technical assistance for elec- (A) to develop advanced cybersecurity ap- tional preservation of the electric grid oper- tric utilities subject to the program; plications and technologies for the energy ations or natural gas and oil operations in (D) to provide training to electric utilities sector— the face of natural and human-made threats to address and mitigate cybersecurity supply (i) to identify and mitigate vulnerabilities, and hazards, including electric magnetic chain management risks; including— pulse and geomagnetic disturbances. (E) to advance the cybersecurity of third- (I) dependencies on other critical infra- (3) ELIGIBLE ACTIVITIES.—In carrying out party vendors in partnerships with electric structure; and the program developed under paragraph (1), utilities; and (II) impacts from weather and fuel supply; the Secretary may— (F) to increase opportunities for sharing and (A) develop capabilities to identify best practices and data collection within the (ii) to advance the security of field devices vulnerabilities and critical components that electric sector. and third-party control systems, including— pose major risks to grid security if destroyed (2) SCOPE.—In carrying out the program (I) systems for generation, transmission, or impaired; under paragraph (1), the Secretary shall— distribution, end use, and market functions; (B) provide modeling at the national level (A) take into consideration— (II) specific electric grid elements includ- to predict impacts from natural or human- (i) the different sizes of electric utilities; ing advanced metering, demand response, made events; and distributed generation, and electricity stor- (C) develop a maturity model for physical (ii) the regions that electric utilities serve; age; security and cybersecurity;

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(D) conduct exercises and assessments to (e) NO EFFECT ON OTHER PROVISIONS OF tems for isolated communities, particularly identify and mitigate vulnerabilities to the LAW.—Nothing in this Act or an amendment for those communities exposed to extreme electric grid, including providing mitigation made by this Act authorizes regulatory ac- weather conditions and high energy costs, recommendations; tions that would duplicate or conflict with including electricity, space heating and cool- (E) conduct research hardening solutions regulatory requirements, mandatory stand- ing, and transportation. for critical components of the electric grid; ards, or related processes under section 215 of (C) Phase III, which shall be carried out in (F) conduct research mitigation and recov- the Federal Power Act (16 U.S.C. 824o). parallel with Phase II and consist of the de- ery solutions for critical components of the (f) USE OF FUNDS.—To the maximum extent velopment of an implementation strategy to electric grid; and practicable, in carrying out this section, the promote the development of micro-grid sys- (G) provide technical assistance to States Secretary shall ensure that the use of funds tems that increase the resilience of critical and other entities for standards and risk to carry out this section is coordinated infrastructure. analysis. among different offices within the Grid Mod- (D) Phase IV, which shall consist of cost- (4) AUTHORIZATION OF APPROPRIATIONS.— ernization Initiative of the Department and shared demonstration projects, based upon There is authorized to be appropriated to other programs conducting energy storage the strategies developed under subparagraph carry out this subsection $10,000,000 for each research. (B) that include the development of physical of fiscal years 2021 through 2029. SEC. 2211. TECHNOLOGY DEMONSTRATION ON and cybersecurity plans to take appropriate (f) LEVERAGING EXISTING PROGRAMS.—The THE DISTRIBUTION SYSTEM. measures to protect and secure the electric programs established under this section shall (a) IN GENERAL.—The Secretary shall es- grid. be carried out consistent with— tablish a grant program to carry out eligible (E) Phase V, which shall establish a bene- (1) the report of the Department entitled projects related to the modernization of the fits analysis plan to help inform regulators, ‘‘Roadmap to Achieve Energy Delivery Sys- electric grid, including the application of policymakers, and industry stakeholders tems Cybersecurity’’ and dated 2011; technologies to improve observability, ad- about the affordability, environmental and (2) existing programs of the Department; vanced controls, and prediction of system resilience benefits associated with Phases II, and performance on the distribution system. III, and IV. (3) any associated strategic framework (b) ELIGIBLE PROJECTS.—To be eligible for (3) REQUIREMENTS FOR STRATEGY.—In devel- that links together academic and National a grant under subsection (a), a project oping the strategy under paragraph (2)(B), Laboratory researchers, electric utilities, shall— the Secretary shall consider— manufacturers, and any other relevant pri- (1) be designed to improve the performance (A) establishing future targets for the eco- vate industry organizations, including the and efficiency of the future electric grid, nomic displacement of conventional genera- Electricity Sub-sector Coordinating Council. while ensuring the continued provision of tion using hybrid micro-grid systems, includ- PART II—GRID MODERNIZATION safe, secure, reliable, and affordable power; ing displacement of conventional generation SEC. 2210. GRID STORAGE PROGRAM. (2) demonstrate— used for electric power generation, heating and cooling, and transportation; (a) IN GENERAL.—The Secretary shall con- (A) secure integration and management of duct a program of research, development, two or more energy resources, including dis- (B) the potential for renewable resources, and demonstration of electric grid energy tributed energy generation, combined heat including wind, solar, and hydropower, to be storage that addresses the principal chal- and power, micro-grids, energy storage, elec- integrated into a hybrid micro-grid system; lenges identified in the 2013 Department of tric vehicles, energy efficiency, demand re- (C) opportunities for improving the effi- Energy Strategic Plan for Grid Energy Stor- sponse, and intelligent loads; and ciency of existing hybrid micro-grid systems; age. (B) secure integration and interoperability (D) the capacity of the local workforce to (b) AREAS OF FOCUS.—The program under of communications and information tech- operate, maintain, and repair a hybrid this section shall focus on— nologies; and micro-grid system; (1) materials, electric thermal, (3) be subject to the requirements of sec- (E) opportunities to develop the capacity electromechanical, and electrochemical sys- tion 545(a) of the Energy Security and Inde- of the local workforce to operate, maintain, tems research; pendence Act of 2007 (42 U.S.C. 17155(a)). and repair a hybrid micro-grid system; (2) power conversion technologies research; SEC. 2212. MICRO-GRID AND HYBRID MICRO-GRID (F) leveraging existing capacity within (3) developing— SYSTEMS PROGRAM. local or regional research organizations, (A) empirical and science-based industry (a) DEFINITIONS.—In this section: such as organizations based at institutions standards to compare the storage capacity, (1) HYBRID MICRO-GRID SYSTEM.—The term of higher education, to support development cycle length and capabilities, and reliability ‘‘hybrid micro-grid system’’ means a stand- of hybrid micro-grid systems, including by of different types of electricity storage; and alone electrical system that— testing novel components and systems prior (B) validation and testing techniques; (A) is comprised of conventional genera- to field deployment; (4) other fundamental and applied research tion and at least 1 alternative energy re- (G) the need for basic infrastructure to de- critical to widespread deployment of elec- source; and velop, deploy, and sustain a hybrid micro- tricity storage; (B) may use grid-scale energy storage. grid system; (5) device development that builds on re- (2) ISOLATED COMMUNITY.—The term ‘‘iso- (H) input of traditional knowledge from sults from research described in paragraphs lated community’’ means a community that local leaders of isolated communities in the (1), (2), and (4), including combinations of is powered by a stand-alone electric genera- development of a hybrid micro-grid system; power electronics, advanced optimizing con- tion and distribution system without the (I) the impact of hybrid micro-grid systems trols, and energy storage as a general pur- economic and reliability benefits of connec- on defense, homeland security, economic de- pose element of the electric grid; tion to a regional electric grid. velopment, and environmental interests; (6) grid-scale testing and analysis of stor- (3) MICRO-GRID SYSTEM.—The term ‘‘micro- (J) opportunities to leverage existing age devices, including test-beds and field grid system’’ means a standalone electrical interagency coordination efforts and rec- trials; system that uses grid-scale energy storage. ommendations for new interagency coordina- (7) cost-benefit analyses that inform cap- (4) STRATEGY.—The term ‘‘strategy’’ means tion efforts to minimize unnecessary over- ital expenditure planning for regulators and the strategy developed pursuant to sub- head, mobilization, and other project costs; owners and operators of components of the section (b)(2)(B). and electric grid; (b) PROGRAM.— (K) any other criteria the Secretary deter- (8) electricity storage device safety and re- (1) ESTABLISHMENT.—The Secretary shall mines appropriate. liability, including potential failure modes, establish a program to promote the develop- (c) COLLABORATION.—The program estab- mitigation measures, and operational guide- ment of— lished under subsection (b)(1) shall be carried lines; (A) hybrid micro-grid systems for isolated out in collaboration with relevant stake- (9) standards for storage device perform- communities; and holders, including, as appropriate— ance, control interface, grid interconnection, (B) micro-grid systems to increase the re- (1) States; and interoperability; and silience of critical infrastructure. (2) Indian Tribes; (10) maintaining a public database of en- (2) PHASES.—The program established (3) regional entities and regulators; ergy storage projects, policies, codes, stand- under paragraph (1) shall be divided into the (4) units of local government; ards, and regulations. following phases: (5) institutions of higher education; and (c) ASSISTANCE TO STATES.—The Secretary (A) Phase I, which shall consist of the de- (6) private sector entities. may provide technical and financial assist- velopment of a feasibility assessment for— (d) REPORT.—Not later than 180 days after ance to States, Indian Tribes, or units of (i) hybrid micro-grid systems in isolated the date of enactment of this Act, and annu- local government to participate in or use re- communities; and ally thereafter until calendar year 2029, the search, development, or demonstration of (ii) micro-grid systems to enhance the re- Secretary shall submit to the Committee on technology developed under this section. silience of critical infrastructure. Energy and Natural Resources of the Senate (d) AUTHORIZATION OF APPROPRIATIONS.— (B) Phase II, which shall consist of the de- and the Committee on Energy and Commerce There is authorized to be appropriated to the velopment of an implementation strategy, in of the House of Representatives a report on Secretary to carry out this section $50,000,000 accordance with paragraph (3), to promote the efforts to implement the program estab- for each of fiscal years 2021 through 2029. the development of hybrid micro-grid sys- lished under subsection (b)(1) and the status

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(C) ensures a reliable, resilient, affordable, (3) identification of tools, resources, and (a) GRID ARCHITECTURE AND SCENARIO DE- safe, and secure electric grid; and deployment models that may enable im- VELOPMENT.— (D) acknowledges and accounts for dif- proved performance through the adoption of (1) IN GENERAL.—Subject to paragraph (2), ferent priorities, electric systems, and rate emerging, commercially available or ad- the Secretary shall establish and facilitate a structures across States and regions. vanced grid technologies or solutions, in- collaborative process to develop model grid (2) OBJECTIVES.—The pathways established cluding— architecture and a set of future scenarios for under paragraph (1) shall facilitate achieve- (A) multicustomer micro-grids; the electric grid to examine the impacts of ment of as many of the following objectives (B) distributed energy resources; different combinations of resources (includ- as practicable: (C) energy storage; ing different quantities of distributed energy (A) Near real-time situational awareness of (D) electric vehicles; resources and large-scale, central genera- the electric system. (E) electric vehicle charging infrastruc- tion) on the electric grid. (B) Data visualization. ture; (2) MARKET STRUCTURE.—The grid architec- (C) Advanced monitoring and control of (F) integrated information and commu- ture and scenarios developed under para- the advanced electric grid. nications systems; graph (1) shall account for differences in (D) Enhanced certainty of policies for in- (G) transactive energy systems; and market structure, including an examination vestment in the electric grid. (H) advanced demand management sys- of the potential for stranded costs in each (E) Increased innovation. tems; and type of market structure. (F) Greater consumer empowerment. (4) the role of States and local regulatory (3) FINDINGS.— (G) Enhanced grid resilience, reliability, authorities in enabling a robust future elec- (A) IN GENERAL.—Based on the findings of and robustness. tric grid to ensure that— grid architecture developed under paragraph (H) Improved— (A) electric utilities remain financially (1), the Secretary shall— (i) integration of distributed energy re- viable; (i) determine whether any additional sources; (B) electric utilities make the needed in- standards are necessary to ensure the inter- (ii) interoperability of the electric system; vestments that ensure a reliable, secure, and operability of grid systems and associated and resilient grid; and communications networks; and (iii) predictive modeling and capacity fore- (C) costs incurred to transform to an inte- (ii) if the Secretary makes a determination casting. grated grid are allocated and recovered re- that additional standards are necessary (I) Reduced cost of service for consumers. sponsibly, efficiently, and equitably. under subparagraph (A), make recommenda- (J) Diversification of generation sources. SEC. 2216. VOLUNTARY STATE, REGIONAL, AND tions for additional standards, including, as (3) STEERING COMMITTEE.—Not later than 90 LOCAL ELECTRICITY DISTRIBUTION may be appropriate, to the Electric Reli- days after the date of enactment of this Act, PLANNING. ability Organization under section 215 of the the Secretary shall establish a steering com- (a) IN GENERAL.—On the request of a State, Federal Power Act (16 U.S.C. 824o). mittee to help develop the pathways under regional organization, or electric utility, the (B) CONSIDERATION.—The Electric Reli- paragraph (1), to be composed of members Secretary shall provide assistance to States, ability Organization shall not be under any appointed by the Secretary, consisting of regional organizations, and electric utilities obligation to establish any process to con- persons with appropriate expertise rep- to facilitate the development of State, re- sider the recommendations described in sub- resenting a diverse range of interests in the gional, and local electricity distribution paragraph (A)(ii). public, private, and academic sectors, includ- plans by— (b) MODELING.—Subject to subsection (c), ing representatives of— (1) conducting a resource assessment and the Secretary shall— (A) the Federal Energy Regulatory Com- analysis of future demand and distribution (1) conduct modeling based on the sce- mission; requirements; and narios developed under subsection (a); and (B) the National Laboratories; (2) developing open source tools for State, (2) analyze and evaluate the technical and (C) States; regional, and local planning and operations. financial impacts of the models to assist (D) State regulatory authorities; (b) RISK AND SECURITY ANALYSIS.—The as- States, utilities, and other stakeholders in— (E) transmission organizations; sessment under subsection (a)(1) shall in- (A) enhancing strategic planning efforts; (F) representatives of all sectors of the clude— (B) avoiding stranded costs; and electric power industry; (1) the evaluation of the physical security, (C) maximizing the cost-effectiveness of fu- (G) institutions of higher education; cybersecurity, and associated communica- ture grid-related investments. (H) independent research institutes; and tions needs of an advanced distribution man- (c) INPUT.—The Secretary shall develop the (I) other entities. agement system and the integration of dis- tributed energy resources; and scenarios and conduct the modeling and (b) TECHNICAL ASSISTANCE.—The Secretary analysis under subsections (a) and (b) with may provide technical assistance to States, (2) advanced use of grid architecture to participation or input, as appropriate, Indian Tribes, or units of local government analyze risks in an all-hazards approach that from— to adopt or implement one or more elements includes communications infrastructure, (1) the National Laboratories; of the pathways developed under subsection control systems architecture, and power sys- (2) States; (a)(1), including on a pilot basis. tems architecture. (c) DESIGNATION.—The information col- (3) State regulatory authorities; SEC. 2215. PERFORMANCE METRICS FOR ELEC- lected for the assessment and analysis under (4) transmission organizations; TRICITY INFRASTRUCTURE PRO- subsection (a)(1)— (5) representatives of all sectors of the VIDERS. (1) shall be considered to be critical elec- electric power industry; (a) IN GENERAL.—Not later than 2 years tric infrastructure information under section (6) academic institutions; after the date of enactment of this Act, the 215A of the Federal Power Act (16 U.S.C. (7) independent research institutes; and Secretary, in consultation with the steering 824o–1); and (8) other entities. committee established under section (2) shall only be released in compliance (d) EFFECT.—Nothing in this section grants 2214(a)(3), shall submit to the Committee on with regulations implementing that section. any person a right to receive or review con- Energy and Natural Resources of the Senate (d) TECHNICAL ASSISTANCE.—For the pur- fidential, proprietary, or otherwise protected and the Committee on Energy and Commerce pose of assisting in the development of State information concerning grid architecture or of the House of Representatives a report that and regional electricity distribution plans, scenarios. includes— the Secretary shall provide technical assist- SEC. 2214. VOLUNTARY MODEL PATHWAYS. (1) an evaluation of the performance of the ance to— (a) ESTABLISHMENT OF VOLUNTARY MODEL electric grid as of the date of the report; and (1) States; PATHWAYS.— (2) a description of the projected range of (2) regional reliability entities; and (1) ESTABLISHMENT.—Not later than 90 days measurable costs and benefits associated (3) other distribution asset owners and op- after the date of enactment of this Act, the with the changes evaluated under the sce- erators. Secretary, in consultation with the steering narios developed under section 2213. (e) WITHDRAWAL.—A State or any entity committee established under paragraph (3), (b) CONSIDERATIONS FOR DEVELOPMENT OF that has requested technical assistance shall initiate the development of voluntary METRICS.—In developing metrics for the under this section may withdraw the request model pathways for modernizing the electric evaluation and projections under subsection for technical assistance at any time, and on grid through a collaborative, public-private (a), the Secretary shall consider— such withdrawal, the Secretary shall termi- effort that— (1) standard methodologies for calculating nate all assistance efforts. (A) produces illustrative policy pathways improvements or deteriorations in the per- (f) EFFECT.—Nothing in this section au- encompassing a diverse range of technologies formance metrics, such as reliability, grid thorizes the Secretary to require any State, that can be adapted for State and regional efficiency, power quality, consumer satisfac- regional organization, regional reliability applications by regulators and policymakers; tion, sustainability, and financial incentives; entity, asset owner, or asset operator to

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(9) LABOR ORGANIZATION.—The term ‘‘labor the Commission in a timely, efficient, and There is authorized to be appropriated to organization’’ has the meaning given the effective manner, the Chairman may fix the term in section 2 of the National Labor Rela- compensation for the category of employees the Secretary to carry out sections 2211 tions Act (29 U.S.C. 152). or other personnel without regard to chapter through 2216 $200,000,000 for each of fiscal (10) LOCAL EDUCATIONAL AGENCY.—The term 51 and subchapter III of chapter 53 of title 5, years 2021 through 2029. ‘‘local educational agency’’ has the meaning United States Code, or any other civil serv- Subtitle C—Workforce Development given the term in section 8101 of the Elemen- ice law. SEC. 2301. DEFINITIONS. tary and Secondary Education Act of 1965 (20 ‘‘(2) CERTIFICATION REQUIREMENTS.—A cer- In this subtitle: U.S.C. 7801). tification issued under paragraph (1) shall— ‘‘(A) apply with respect to a category of (1) WIOA TERMS.—The terms ‘‘community- (11) LOCAL WORKFORCE DEVELOPMENT based organization’’, ‘‘economic development BOARD.—The term ‘‘local workforce develop- employees or other personnel responsible for agency’’, ‘‘recognized postsecondary creden- ment board’’ has the meaning given the term conducting work of a scientific, techno- tial’’, and ‘‘State’’ have the meanings given ‘‘local board’’ in section 3 of the Workforce logical, engineering, or mathematical na- ture; the terms in section 3 of the Workforce Inno- Innovation and Opportunity Act (29 U.S.C. ‘‘(B) specify a maximum amount of reason- vation and Opportunity Act (29 U.S.C. 3102). 3102). able compensation for the category of em- (2) APPRENTICESHIP PROGRAM.—The term (12) MINORITY-SERVING INSTITUTION.—The ployees or other personnel; ‘‘apprenticeship program’’ means an appren- term ‘‘minority-serving institution’’ means ‘‘(C) be valid for a 5-year period beginning ticeship registered under the Act of August an institution of higher education eligible to on the date on which the certification is 16, 1937 (commonly known as the ‘‘National receive funds under section 320 or 371(a) of issued; Apprenticeship Act’’) (50 Stat. 664, chapter the Higher Education Act of 1965 (20 U.S.C. ‘‘(D) be no broader than necessary to 663; 29 U.S.C. 50 et seq.), including, as in ef- 1059g, 1067q(a)). achieve the objective of retaining or attract- fect on December 30, 2019, any requirement, (13) PREAPPRENTICESHIP.—The term ing employees and other personnel to allow standard, or rule promulgated under that ‘‘preapprenticeship’’, used with respect to a the Commission to carry out the functions of Act. program, means an initiative or set of strat- egies that— the Commission in a timely, efficient, and (3) AREA CAREER AND TECHNICAL EDUCATION effective manner; and SCHOOL.—The term ‘‘area career and tech- (A) is designed to prepare participants to enter an apprenticeship program; ‘‘(E) include an explanation for why the nical education school’’ has the meaning other approaches available to the Chairman given the term in section 3 of the Carl D. (B) is carried out by an eligible sponsor that has a documented partnership with 1 or for retaining and attracting employees and Perkins Career and Technical Education Act other personnel are inadequate. of 2006 (20 U.S.C. 2302). more sponsors of apprenticeship programs; and ‘‘(3) RENEWAL.— (4) BOARD.—The term ‘‘Board’’ means the ‘‘(A) IN GENERAL.—Not later than 90 days 21st Century Energy Workforce Advisory (C) includes each of the following: (i) Training (including a curriculum for the before the date of expiration of a certifi- Board established under section 2304(a). cation issued under paragraph (1), the Chair- (5) COVERED FACILITY OF THE NATIONAL NU- training) aligned with industry standards re- lated to an apprenticeship program and re- man shall determine whether the certifi- CLEAR SECURITY ADMINISTRATION.—The term cation should be renewed for a subsequent 5- ‘‘covered facility of the National Nuclear Se- viewed and approved annually by sponsors of the apprenticeship program within the docu- year period. curity Administration’’ means a national se- ‘‘(B) REQUIREMENT.—If the Chairman deter- curity laboratory or a nuclear weapons pro- mented partnership that will prepare partici- pants by teaching the skills and com- mines that a certification should be renewed duction facility (as those terms are defined under subparagraph (A), the Chairman may petencies needed to enter 1 or more appren- in section 4002 of the Atomic Energy Defense renew the certification, subject to the cer- ticeship programs. Act (50 U.S.C. 2501)). tification requirements under paragraph (2) (ii) Hands-on training and theoretical edu- (6) ELIGIBLE SPONSOR.—The term ‘‘eligible that were applicable to the initial certifi- cation for participants that does not displace sponsor’’ means a public organization or an cation. a paid employee. organization described in section 501(c) of ‘‘(4) NEW HIRES.— (iii) A formal agreement with a sponsor of the Internal Revenue Code of 1986 and ex- ‘‘(A) IN GENERAL.—An employee or other an apprenticeship program that would enable empt from tax under section 501(a) of that personnel that is a member of a category of participants who successfully complete the Code, that— employees or other personnel that would preapprenticeship program— (A) with respect to an apprenticeship pro- have been covered by a certification issued gram, administers such program through a (I) to enter directly into the apprenticeship under paragraph (1), but was hired during a partnership that may include— program if a place in the program is avail- period in which the certification has expired (i) a business; able and if the participant meets the quali- and has not been renewed under paragraph (ii) an employer or industry association; fications of the apprenticeship program; and (3) shall not be eligible for compensation at (iii) a labor-management organization; (II) to earn credits towards the apprentice- the level that would have applied to the em- (iv) a local workforce development board ship program. ployee or other personnel if the certification or State workforce development board; (14) SECONDARY SCHOOL.—The term ‘‘sec- had been in effect on the date on which the (v) a 2- or 4-year institution of higher edu- ondary school’’ has the meaning given the employee or other personnel was hired. cation that offers an educational program term in section 8101 of the Elementary and ‘‘(B) COMPENSATION OF NEW HIRES ON RE- leading to an associate’s or bachelor’s degree Secondary Education Act of 1965 (20 U.S.C. NEWAL.—On renewal of a certification under in conjunction with a certificate of comple- 7801). paragraph (3), the Chairman may fix the tion of apprenticeship; (15) STATE WORKFORCE DEVELOPMENT compensation of the employees or other per- (vi) the Armed Forces (including the Na- BOARD.—The term ‘‘State workforce develop- sonnel described in subparagraph (A) at the tional Guard and Reserves); ment board’’ has the meaning given the term level established for the category of employ- (vii) a community-based organization; ‘‘State board’’ in section 3 of the Workforce ees or other personnel in the certification. (viii) a labor organization with significant Innovation and Opportunity Act (29 U.S.C. ‘‘(5) RETENTION OF LEVEL OF FIXED COM- energy experience; or 3102). PENSATION.—A category of employees or (ix) an economic development agency; and (16) TRIBAL ORGANIZATION.—The term ‘‘trib- other personnel, the compensation of which (B) with respect to a preapprenticeship al organization’’ has the meaning given the was fixed by the Chairman in accordance program, is a local educational agency, a term in section 3765 of title 38, United States with paragraph (1), may, at the discretion of secondary school, an area career and tech- Code. the Chairman, have the level of fixed com- nical education school, a State workforce de- SEC. 2302. ADDRESSING INSUFFICIENT COM- pensation for the category of employees or velopment board, a local workforce develop- PENSATION OF EMPLOYEES AND other personnel retained, regardless of OTHER PERSONNEL OF THE FED- ment board, a labor organization, or a com- ERAL ENERGY REGULATORY COM- whether a certification described under that munity-based organization, that administers MISSION. paragraph is in effect with respect to the such program with any required coordina- (a) IN GENERAL.—Section 401 of the Depart- compensation of the category of employees tion and necessary approvals from the Sec- ment of Energy Organization Act (42 U.S.C. or other personnel. retary of Labor or a State department of 7171) is amended by adding at the end the fol- ‘‘(6) CONSULTATION REQUIRED.—The Chair- labor. lowing: man shall consult with the Director of the (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ ‘‘(k) ADDRESSING INSUFFICIENT COMPENSA- Office of Personnel Management in imple- has the meaning given the term in section 4 TION OF EMPLOYEES AND OTHER PERSONNEL OF menting this subsection, including in the de- of the Indian Self-Determination and Edu- THE COMMISSION.— termination of the amount of compensation cation Assistance Act (25 U.S.C. 5304). ‘‘(1) IN GENERAL.—Notwithstanding any with respect to each category of employees (8) INSTITUTION OF HIGHER EDUCATION.—The other provision of law, if the Chairman pub- or other personnel. term ‘‘institution of higher education’’ has licly certifies that compensation for a cat- ‘‘(7) EXPERTS AND CONSULTANTS.— the meaning given the term in section 101 egory of employees or other personnel of the ‘‘(A) IN GENERAL.—Subject to subparagraph and subparagraphs (A) and (B) of section Commission is insufficient to retain or at- (B), the Chairman may—

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00128 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.056 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1401 ‘‘(i) obtain the services of experts and con- (4) strengthens and engages the workforce (B) developing energy workforce training sultants in accordance with section 3109 of training programs of the Department and programs. title 5, United States Code; the National Laboratories in carrying out (3) REPORT.— ‘‘(ii) compensate those experts and consult- the Minorities in Energy Initiative of the (A) IN GENERAL.—Not later than 1 year ants for each day (including travel time) at Department and other Department work- after the date on which the Board is estab- rates not in excess of the rate of pay for level force priorities; lished under this section, and biennially IV of the Executive Schedule under section (5) develops plans to support and retrain thereafter until the date on which the Board 5315 of that title; and displaced and unemployed energy sector is terminated under subsection (g), the Board ‘‘(iii) pay to the experts and consultants workers; and shall submit to the Secretary a report con- serving away from the homes or regular (6) prioritizes education and job training taining, with respect to the strategy re- places of business of the experts and consult- for underrepresented groups, including racial quired under subsection (a)— ants travel expenses and per diem in lieu of and ethnic minorities, Indian tribes, women, (i) the findings of the Board; and subsistence at rates authorized by sections veterans, and socioeconomically disadvan- (ii) the proposed energy workforce strategy 5702 and 5703 of that title for persons in Gov- taged individuals. of the Board. ernment service employed intermittently. (b) MEMBERSHIP.— (B) RESPONSE OF THE SECRETARY.—Not ‘‘(B) LIMITATIONS.—The Chairman shall— (1) IN GENERAL.—The Board shall be com- later than 60 days after the date on which a ‘‘(i) to the maximum extent practicable, posed of not fewer than 10 and not more than report is submitted to the Secretary under limit the use of experts and consultants pur- 15 members, with the initial members of the subparagraph (A), the Secretary shall— suant to subparagraph (A); and Board to be appointed by the Secretary not (i) submit to the Board a response to the ‘‘(ii) ensure that the employment contract later than 1 year after the date of enactment report that— of each expert and consultant employed pur- of this Act. (I) describes whether the Secretary ap- suant to subparagraph (A) is subject to re- (2) REQUIREMENT.—The Board shall include proves or disapproves of each recommenda- newal not less frequently than annually.’’. not fewer than 1 representative of a labor or- tion of the Board under subparagraph (A); (b) REPORTS.— ganization with significant energy experi- and (1) IN GENERAL.—Not later than 1 year after ence who has been nominated by a national (II) if the Secretary approves of a rec- the date of enactment of this Act, and every labor federation. ommendation, provides an implementation 2 years thereafter for 10 years, the Chairman (3) QUALIFICATIONS.—Each individual ap- plan for the recommendation; and of the Federal Energy Regulatory Commis- pointed to the Board under paragraph (1) (ii) submit to Congress— sion shall submit to the Committee on En- shall have expertise in— (I) the report of the Board under subpara- ergy and Commerce of the House of Rep- (A) the field of economics or workforce de- graph (A); and resentatives and the Committee on Energy velopment; (II) the response of the Secretary under and Natural Resources of the Senate a report (B) relevant traditional energy industries clause (i). on information relating to hiring, vacancies, or clean energy industries; (C) PUBLIC AVAILABILITY OF REPORT.— and compensation at the Federal Energy (C) secondary or postsecondary education; (i) IN GENERAL.—The Board shall make Regulatory Commission. (D) energy workforce development or ap- each report under subparagraph (A) available prenticeship programs of States or units of (2) INCLUSIONS.—Each report under para- to the public on the earlier of— graph (1) shall include— local government; (I) the date on which the Board receives (E) relevant organized labor organizations; (A) an analysis of any trends with respect the response of the Secretary under subpara- or to hiring, vacancies, and compensation at graph (B)(i); and (F) bringing underrepresented groups, in- the Federal Energy Regulatory Commission; (II) the date that is 90 days after the date cluding racial and ethnic minorities, women, and on which the Board submitted the report to veterans, and socioeconomically disadvan- (B) a description of the efforts to retain the Secretary. taged individuals, into the workforce. and attract employees or other personnel re- (ii) REQUIREMENT.—If the Board has re- (4) LIMITATION.—No individual shall be ap- ceived a response to a report from the Sec- sponsible for conducting work of a scientific, pointed to the Board who is an employee or retary under subparagraph (B)(i), the Board technological, engineering, or mathematical a board member of an entity applying for a shall make that response publicly available nature at the Federal Energy Regulatory grant under section 2305 or 2306. with the applicable report. Commission. (c) ADVISORY BOARD REVIEW AND REC- (d) ENERGY JOBS SURVEY AND ANALYSIS.— (c) APPLICABILITY.—The amendment made OMMENDATIONS.— (1) IN GENERAL.—The Secretary, acting by subsection (a) shall apply beginning on (1) DETERMINATION BY BOARD.—In devel- through the Administrator of the Energy In- the date that is 30 days after the date of en- oping the strategy required under subsection formation Administration, shall— actment of this Act. (a), the Board shall— (A) conduct a voluntary survey of employ- SEC. 2303. REPORT ON THE AUTHORITY OF THE (A) determine whether there are opportuni- ers in the energy, energy efficiency, and SECRETARY TO IMPLEMENT FLEXI- BLE COMPENSATION MODELS. ties to more effectively and efficiently use motor vehicle sectors of the economy of the Not later than 180 days after the date of the capabilities of the Department in the de- United States; and enactment of this Act, the Secretary shall velopment of a skilled energy workforce; (B) perform an analysis of the employment submit to Congress a report examining the (B) identify ways in which the Department figures and demographics in those sectors, full scope of the hiring authority made avail- could work with other relevant Federal including the number of personnel in each able to the Secretary by the Office of Per- agencies, States, units of local government, sector who devote a substantial portion of sonnel Management to implement flexible institutions of higher education, labor orga- working hours, as determined by the Sec- compensation models, including pay for per- nizations, Indian tribes and tribal organiza- retary, to compliance matters. formance and pay banding, throughout the tions, and industry in the development of a (2) METHODOLOGY.—In conducting the sur- Department, including at the National Lab- skilled energy workforce; vey and analysis under paragraph (1), the oratories, for the purposes of hiring, recruit- (C) identify ways in which the Department Secretary shall employ a methodology ing, and retaining employees responsible for and National Laboratories can— that— conducting work of a scientific, techno- (i) increase outreach to minority-serving (A) was approved in 2016 by the Office of logical, engineering, or mathematical na- institutions; and Management and Budget for use in the docu- ture. (ii) make resources available to increase ment entitled ‘‘OMB Control Number 1910– SEC. 2304. 21ST CENTURY ENERGY WORKFORCE the number of skilled minorities and women 5179’’; ADVISORY BOARD. trained to go into the energy- and manufac- (B) uses a representative, stratified sam- (a) ESTABLISHMENT.—The Secretary shall turing-related sectors; pling of businesses in the United States; and establish a board, to be known as the ‘‘21st (iii) increase outreach to displaced and un- (C) is designed to elicit a comparable num- Century Energy Workforce Advisory Board’’, employed energy sector workers; and ber of responses from businesses in each to develop a strategy for the Department (iv) make resources available to provide State and with the same North American In- that, with respect to the role of the Depart- training to displaced and unemployed energy dustry Classification System codes as were ment in the support and development of a sector workers to reenter the energy work- received for the 2016 and 2017 reports entitled skilled energy workforce— force; and ‘‘U.S. Energy and Employment Report’’. (1) meets the current and future industry (D)(i) identify the energy sectors in great- (3) CONSULTATION.—In conducting the sur- and labor needs of the energy sector; est need of workforce training; and vey and analysis under paragraph (1), the (2) provides opportunities for students to (ii) in consultation with the Secretary of Secretary shall consult with key stake- become qualified for placement in tradi- Labor, develop guidelines for the skills nec- holders, including— tional energy sector and clean energy sector essary to develop a workforce trained to (A) as the Secretary determines to be ap- jobs; work in those energy sectors. propriate, the heads of relevant Federal (3) identifies areas in which the Depart- (2) REQUIRED ANALYSIS.—In developing the agencies and offices, including— ment can effectively utilize the technical ex- strategy required under subsection (a), the (i) the Secretary of Commerce; pertise of the Department to support the Board shall analyze the effectiveness of— (ii) the Secretary of Transportation; workforce activities of other Federal agen- (A) existing Department-directed support; (iii) the Director of the Bureau of the Cen- cies; and sus;

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00129 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.056 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1402 CONGRESSIONAL RECORD — SENATE March 3, 2020 (iv) the Commissioner of the Bureau of veterans, and displaced and unemployed en- associated security requirements of such lab- Labor Statistics; and ergy workers; oratory or facility; and (v) the Administrator of the Environ- (2) make resources available to— (C) is eligible to enter into an agreement mental Protection Agency; (A) minority-serving institutions, with the with such laboratory or facility that would (B) officials of State agencies responsible objective of increasing the number of skilled be paid for in part or entirely from grant for maintaining State employment data; minorities and women trained to go into the funds received under this section; (C) the State Energy Advisory Board estab- energy and manufacturing sectors; (3) demonstrates the ability to recruit and lished by section 365(g) of the Energy Policy (B) institutions that serve veterans, with support individuals who plan to work in the and Conservation Act (42 U.S.C. 6325(g)); the objective of increasing the number vet- energy industry in the successful completion (D) energy industry trade associations; and erans in the energy industry by ensuring of relevant job training and education pro- (E) labor organizations with significant en- that veterans have the credentials and train- grams; ergy experience. ing necessary to secure careers in the energy (4) provides students who complete a pro- (e) REPORTS BY THE SECRETARY.— industry; and gram funded by a grant awarded under this (1) REPORT ON WORKFORCE BOARD.—Not (C) institutions that serve displaced and section with a recognized postsecondary cre- later than 180 days before the date of expira- unemployed energy workers to increase the dential; and tion of a term of the Board under subsection number of individuals trained for jobs in the (5) demonstrates successful outcomes con- (g), the Secretary shall submit to the Com- energy industry; necting graduates of preapprenticeship or ap- mittees on Energy and Natural Resources (3) encourage the energy industry to im- prenticeship programs to careers relevant to and Appropriations of the Senate and the prove the opportunities for students of mi- such programs. Committees on Energy and Commerce and nority-serving institutions, veterans, and (d) APPLICATIONS.—An eligible entity desir- Appropriations of the House of Representa- displaced and unemployed energy workers to ing a grant under this section shall submit tives a report that— participate in internships, to the Secretary an application at such time, (A) describes the effectiveness and accom- preapprenticeships, and cooperative work- in such manner, and containing such infor- plishments of the Board during the applica- study programs in the energy industry; and mation as the Secretary may require. ble term; (4) work with the National Laboratories to (e) PRIORITY.—In selecting eligible entities (B) contains a determination of the Sec- increase the participation of underrep- to receive grants under this section, the Sec- retary as to whether the Board should be re- resented groups, veterans, and displaced and retary shall prioritize applicants that— newed; and unemployed energy workers in internships, (1) house the preapprenticeship or appren- (C) if the Secretary determines that the fellowships, training programs, and employ- ticeship programs in an institution of higher Board should be renewed, any recommenda- ment at the National Laboratories. education that includes basic science and tions as to whether and how the scope and (g) TERM.— math education in the curriculum of the in- functions of the Board should be modified. (1) IN GENERAL.—Subject to paragraph (2), stitution of higher education; (2) work with the Secretary of Defense and (2) ENERGY AND EMPLOYMENT REPORT.— the Board shall terminate on September 30, the Secretary of Veterans Affairs or veteran (A) IN GENERAL.—Not later than 1 year 2025. after the date of enactment of this Act, and (2) EXTENSIONS.—The Secretary may renew service organizations recognized by the Sec- annually thereafter, the Secretary shall— the Board for 1 or more 5-year periods by retary of Veterans Affairs under section 5902 (i) make publicly available on the website submitting, not later than the date described of title 38, United States Code, to transition of the Department a report, to be entitled in subsection (e)(1), a report described in members of the Armed Forces and veterans the ‘‘U.S. Energy and Employment Report’’, that subsection that contains a determina- to careers in the energy sector; describing the employment figures and de- tion by the Secretary that the Board should (3) work with— mographics in the energy, energy efficiency, be renewed. (A) Indian tribes; (B) tribal organizations; and and motor vehicle sectors of the United SEC. 2305. NATIONAL LABORATORY JOBS ACCESS States based on the survey and analysis con- PILOT PROGRAM. (C) Native American veterans (as defined in section 3765 of title 38, United States ducted under subsection (d); and (a) IN GENERAL.—Not later than 1 year Code), including veterans who are descend- (ii) subject to the requirements of the Con- after the date of enactment of this Act, the ants of Natives (as defined in section 3 of the fidential Information Protection and Statis- Secretary, in consultation with the Sec- Alaska Native Claims Settlement Act (43 tical Efficiency Act of 2002 (44 U.S.C. 3501 retary of Labor, shall establish a pilot pro- U.S.C. 1602)); note; Public Law 107–347), make the data col- gram to award, on a competitive basis, (4) apply as a State or regional consortia lected under subsection (d) publicly available grants to eligible entities described in sub- to leverage best practices already available on the website of the Department. section (c) for the Federal share of the costs in the State or region in which an institu- (B) CONTENTS.— of technical, skills-based preapprenticeship tion of higher education is located; (i) IN GENERAL.—The report under subpara- and apprenticeship programs that provide (5) have a State-supported entity included graph (A) shall include employment figures employer-driven or recognized postsecondary in the consortium applying for the grant; and demographic data for— credentials. (6) provide support services and career (I) the energy sector of the economy of the (b) REQUIREMENTS.—A program funded by a coaching; United States, including— grant awarded under this section shall de- (7) provide introductory energy workforce (aa) the electric power generation and velop and deliver customized and com- development training; fuels sectors; and petency-based training that— (8) work with minority-serving institutions (bb) the transmission, storage, and dis- (1) is focused on skills and qualifications to provide job training to increase the num- tribution sectors; needed to meet the immediate and on-going ber of skilled minorities and women in the (II) the energy efficiency sector of the needs of traditional and emerging technician energy sector; or economy of the United States; and positions (including machinists and cyber se- (9) provide job training for displaced and (III) the motor vehicle sector of the econ- curity technicians) at the National Labora- unemployed workers in the energy sector. omy of the United States. tories and covered facilities of the National (f) ADDITIONAL CONSIDERATION.—In making (ii) INCLUSION.—With respect to each sector Nuclear Security Administration; grants under this section, the Secretary described in clause (i), the report under sub- (2) creates an apprenticeship program or shall consider regional diversity. paragraph (A) shall include employment fig- preapprenticeship partnership with a Na- (g) LIMITATION ON APPLICATIONS.—An eligi- ures and demographic data sorted by— tional Laboratory or covered facility of the ble entity may not submit, either individ- (I) each technology, subtechnology, and National Nuclear Security Administration; ually or as part of a joint application, more fuel type of those sectors; and and than 1 application for a grant under this sec- (II) subject to the requirements of the Con- (3) creates an apprenticeship program or tion during any 1 fiscal year. fidential Information Protection and Statis- preapprenticeship program with the Sec- (h) LIMITATIONS ON AMOUNT OF GRANT.— tical Efficiency Act of 2002 (44 U.S.C. 3501 retary of Labor or a State department of The amount of an individual grant for any note; Public Law 107–347)— labor in coordination with a National Lab- 24-month period shall not exceed $500,000. (aa) each State; oratory or covered facility of the National (i) FEDERAL SHARE.—The Federal share of (bb) each territory of the United States; Nuclear Security Administration. the cost of a preapprenticeship or appren- (cc) the District of Columbia; and (c) ELIGIBLE ENTITIES.—To be eligible to ticeship program carried out using a grant (dd) to the maximum extent practicable, receive a grant under this section, an entity under this section shall be not greater than each county (or equivalent jurisdiction) in shall be an eligible sponsor that— 50 percent. the United States. (1) demonstrates experience in imple- (j) REPORT.—Not later than 1 year after the (f) OUTREACH TO MINORITY-SERVING INSTI- menting and operating apprenticeship pro- date on which the first grant is awarded TUTIONS, VETERANS, AND DISPLACED AND UN- grams or preapprenticeship programs; under this section, and annually thereafter EMPLOYED ENERGY WORKERS.—In developing (2)(A) has a relationship with a National for 5 years, the Secretary shall submit to the strategy under subsection (a), the Board Laboratory or covered facility of the Na- Congress and make publicly available on the shall— tional Nuclear Security Administration; website of the Department a report on the (1) give special consideration to increasing (B) has knowledge of technician workforce pilot program established under this section, outreach to minority-serving institutions, needs of such laboratory or facility and the including a description of—

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00130 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.056 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1403 (1) the entities receiving grants; (ii) that are minorities, women, veterans, (2) by striking the item relating to section (2) the activities carried out using the or individuals who are transitioning from 385. grants; fossil energy sector jobs; SEC. 3002. REPEAL OF METHANOL STUDY. (3) best practices used to leverage the in- (B) provides trainees with the opportunity Section 400EE of the Energy Policy and vestment of the Federal Government; and to obtain real-world experience; Conservation Act (42 U.S.C. 6374d) is amend- (4) an assessment of the results achieved (C) has fewer than 100 employees; and ed— by the pilot program, including the rate of (D) in the case of a preapprenticeship pro- (1) by striking subsection (a); and employment at the National Laboratories gram, demonstrates— (2) by redesignating subsections (b) and (c) for participants after completing a (i) a multi-year record of— as subsections (a) and (b), respectively. preapprenticeship or apprenticeship program (I) successfully recruiting minorities, carried out using a grant awarded under this women, and veterans for training; and SEC. 3003. REPEAL OF STATE UTILITY REGU- LATORY ASSISTANCE. section. (II) supporting those individuals in the suc- (a) REPEAL.—Section 207 of the Energy cessful completion of the preapprenticeship (k) AUTHORIZATION OF APPROPRIATIONS.— Conservation and Production Act (42 U.S.C. program; and There is authorized to be appropriated to 6807) is repealed. (ii) a successful multi-year record of plac- carry out this section $5,000,000 for each of (b) CONFORMING AMENDMENT.—The table of fiscal years 2021 through 2025. ing the majority of the graduates of the preapprenticeship program into apprentice- contents for the Energy Conservation and SEC. 2306. CLEAN ENERGY WORKFORCE PILOT ship programs. Production Act (Public Law 94–385; 90 Stat. PROGRAM. 1126) is amended by striking the item relat- (3) USE OF GRANT FOR FEDERAL SHARE.— ing to section 207. (a) DEFINITIONS.—In this section: (A) IN GENERAL.—An eligible entity shall (1) ELIGIBLE ENTITY.—The term ‘‘eligible use a grant received under the pilot program SEC. 3004. REPEAL OF AUTHORIZATION OF AP- entity’’ means a business, labor organiza- to pay the Federal share of the cost of— PROPRIATIONS PROVISION. tion, or labor management organization (i) providing on-the-job training for an em- (a) REPEAL.—Section 208 of the Energy that— ployee, in accordance with subparagraph (B); Conservation and Production Act (42 U.S.C. (A)(i) is directly involved with energy effi- or 6808) is repealed. ciency, renewable energy technology, or re- (ii) in the case of a preapprenticeship pro- (b) CONFORMING AMENDMENT.—The table of duction in greenhouse gas emissions, as de- gram— contents for the Energy Conservation and termined by the Secretary of Labor in con- (I) recruiting minorities, women, and vet- Production Act (Public Law 94–385; 90 Stat. sultation with the Secretary; or erans for training; 1126) is amended by striking the item relat- (ii) works on behalf of a business or labor (II) supporting those individuals in the suc- ing to section 208. management organization that is directly in- cessful completion of the preapprenticeship SEC. 3005. REPEAL OF RESIDENTIAL ENERGY EF- volved with energy efficiency, renewable en- program; and FICIENCY STANDARDS STUDY. ergy technology, or reduction in greenhouse (III) carrying out any other activity of the (a) REPEAL.—Section 253 of the National gas emissions, as determined by the Sec- preapprenticeship program, as determined to Energy Conservation Policy Act (42 U.S.C. retary of Labor in consultation with the Sec- be appropriate by the Secretary of Labor, in 8232) is repealed. retary; or consultation with the Secretary. (b) CONFORMING AMENDMENT.—The table of (B) provides services related to— (B) FEDERAL SHARE AMOUNT.—The Federal contents for the National Energy Conserva- (i) energy efficiency and renewable energy share described in subparagraph (A) shall not tion Policy Act (Public Law 95–619; 92 Stat. technology deployment and maintenance; exceed— 3206) is amended by striking the item relat- (ii) grid modernization; or (i) for activities described in clause (i) of ing to section 253. (iii) reduction in greenhouse gas emissions that subparagraph— SEC. 3006. REPEAL OF WEATHERIZATION STUDY. through the use of other low-carbon tech- (I) in the case of an eligible entity with 20 nologies. (a) REPEAL.—Section 254 of the National or fewer employees, 45 percent of the cost of Energy Conservation Policy Act (42 U.S.C. (2) LABOR MANAGEMENT ORGANIZATION.—The on-the-job-training for an employee; 8233) is repealed. term ‘‘labor management organization’’ in- (II) in the case of an eligible entity with (b) CONFORMING AMENDMENT.—The table of cludes a nonprofit organization or qualified not fewer than 21 employees and not more youth or conservation corps that provides contents for the National Energy Conserva- than 99 employees, 37.5 percent of the cost of tion Policy Act (Public Law 95–619; 92 Stat. training to individuals to work for an eligi- on-the-job-training for an employee; and ble entity that is a business, or works on be- 3206) is amended by striking the item relat- (III) in the case of an eligible entity with ing to section 254. half of an eligible entity that is a business. not fewer than 100 employees, 25 percent of (3) PILOT PROGRAM.—The term ‘‘pilot pro- the cost of on-the-job-training for an em- SEC. 3007. REPEAL OF REPORT TO CONGRESS. gram’’ means the pilot program established ployee; and (a) REPEAL.—Section 273 of the National under subsection (b). (ii) for activities described in clause (ii) of Energy Conservation Policy Act (42 U.S.C. (b) ESTABLISHMENT.—The Secretary of that subparagraph, 50 percent. 8236b) is repealed. Labor, in consultation with the Secretary (4) EMPLOYER PAYMENT OF NON-FEDERAL (b) CONFORMING AMENDMENT.—The table of and in accordance with section 169(b) of the SHARE.— contents for the National Energy Conserva- Workforce Innovation and Opportunity Act (A) IN GENERAL.—The non-Federal share of tion Policy Act (Public Law 95–619; 92 Stat. (29 U.S.C. 3224(b)), shall establish a pilot pro- the cost of providing on-the-job training for 3206) is amended by striking the item relat- gram to provide competitively awarded cost- an employee under a grant received under ing to section 273. shared grants to eligible entities to pay for— the pilot program shall be paid in cash or in SEC. 3008. REPEAL OF SURVEY OF ENERGY SAV- (1) on-the-job training of a new or existing kind by the employer of the employee receiv- ING POTENTIAL. employee to work— ing the training. (a) REPEAL.—Section 550 of the National (A) in renewable energy, energy efficiency, (B) INCLUSIONS.—The non-Federal share de- Energy Conservation Policy Act (42 U.S.C. or grid modernization; or scribed in subparagraph (A)(i) may include 8258b) is repealed. (B) on the reduction of greenhouse gas the amount of wages paid by the employer to (b) CONFORMING AMENDMENTS.— emissions; or the employee during the time that the em- (1) The table of contents for the National (2) preapprenticeship programs that pro- ployee is receiving on-the-job training, as Energy Conservation Policy Act (Public Law vide a direct pathway to a career working— fairly evaluated by the Secretary of Labor. 95–619; 92 Stat. 3206; 106 Stat. 2851) is amend- (A) in renewable energy, energy efficiency, (5) GRANT AMOUNT.—An eligible entity may ed by striking the item relating to section or grid modernization; or not receive more than $100,000 per fiscal year 550. (B) on the reduction of greenhouse gas in grant funds under the pilot program. (2) Section 543(d)(2) of the National Energy emissions. (d) AUTHORIZATION OF APPROPRIATIONS.— Conservation Policy Act (42 U.S.C. 8253(d)(2)) (c) GRANTS.— There is authorized to be appropriated to is amended by striking ‘‘, incorporating any (1) IN GENERAL.—An eligible entity desiring carry out this section $15,000,000 for each of relevant information obtained from the sur- a grant under the pilot program shall submit fiscal years 2021 through 2023. vey conducted pursuant to section 550’’. to the Secretary of Labor an application at TITLE III—CODE MAINTENANCE SEC. 3009. REPEAL OF REPORT BY GENERAL such time, in such manner, and containing SEC. 3001. REPEAL OF OFF-HIGHWAY MOTOR VE- SERVICES ADMINISTRATION. such information as the Secretary of Labor HICLES STUDY. (a) REPEAL.—Section 154 of the Energy Pol- may require. (a) REPEAL.—Part I of title III of the En- icy Act of 1992 (42 U.S.C. 8262a) is repealed. (2) PRIORITY FOR TARGETED COMMUNITIES.— ergy Policy and Conservation Act (42 U.S.C. (b) CONFORMING AMENDMENTS.— In providing grants under the pilot program, 6373) is repealed. (1) The table of contents for the Energy the Secretary of Labor, in consultation with (b) CONFORMING AMENDMENT.—The table of Policy Act of 1992 (Public Law 102–486; 106 the Secretary shall give priority to an eligi- contents for the Energy Policy and Con- Stat. 2776) is amended by striking the item ble entity that— servation Act (Public Law 94–163; 89 Stat. relating to section 154. (A) recruits employees— 871) is amended— (2) Section 159 of the Energy Policy Act of (i) from the 1 or more communities that (1) by striking the item relating to part I 1992 (42 U.S.C. 8262e) is amended by striking are served by the eligible entity; and of title III; and subsection (c).

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SEC. 3010. REPEAL OF INTERGOVERNMENTAL EN- (b) CONFORMING AMENDMENT.—The table of (2) Part B of title II of the Emergency En- ERGY MANAGEMENT PLANNING AND contents for the Powerplant and Industrial ergy Conservation Act of 1979 (42 U.S.C. 8521 COORDINATION WORKSHOPS. Fuel Use Act of 1978 (Public Law 95–620; 92 et seq.) is repealed. (a) REPEAL.—Section 156 of the Energy Pol- Stat. 3289) is amended by striking the item (3) Section 241 of the Emergency Energy icy Act of 1992 (42 U.S.C. 8262b) is repealed. relating to section 741. Conservation Act of 1979 (42 U.S.C. 8531) is re- (b) CONFORMING AMENDMENT.—The table of pealed. contents for the Energy Policy Act of 1992 SEC. 3017. REPEAL OF STUDY ON COMPLIANCE PROBLEM OF SMALL ELECTRIC (b) CONFORMING AMENDMENTS.— (Public Law 102–486; 106 Stat. 2776) is amend- UTILITY SYSTEMS. (1) The table of contents for the Emer- ed by striking the item relating to section (a) REPEAL.—Section 744 of the Powerplant gency Energy Conservation Act of 1979 (Pub- 156. and Industrial Fuel Use Act of 1978 (42 U.S.C. lic Law 96–102; 93 Stat. 749) is amended— SEC. 3011. REPEAL OF INSPECTOR GENERAL 8454) is repealed. (A) by striking the item relating to section AUDIT SURVEY AND PRESIDENT’S (b) CONFORMING AMENDMENT.—The table of 201 and inserting the following: COUNCIL ON INTEGRITY AND EFFI- contents for the Powerplant and Industrial CIENCY REPORT TO CONGRESS. ‘‘Sec. 201. Purposes.’’; Fuel Use Act of 1978 (Public Law 95–620; 92 (a) REPEAL.—Section 160 of the Energy Pol- (B) by striking the item relating to part B icy Act of 1992 (42 U.S.C. 8262f) is amended by Stat. 3289) is amended by striking the item of title II; and striking the section designation and heading relating to section 744. (C) by striking the items relating to sec- and all that follows through ‘‘(c) INSPECTOR SEC. 3018. REPEAL OF STUDY OF SOCIO- tions 221, 222, and 241. ECONOMIC IMPACTS OF INCREASED GENERAL REVIEW.—Each Inspector General’’ (2) Section 251(b) of the Emergency Energy COAL PRODUCTION AND OTHER EN- Conservation Act of 1979 (42 U.S.C. 8541(b)) is and inserting the following: ERGY DEVELOPMENT. amended— ‘‘SEC. 160. INSPECTOR GENERAL REVIEW. (a) REPEAL.—Section 746 of the Powerplant (A) by striking ‘‘or 221’’ each place it ap- ‘‘Each Inspector General’’. and Industrial Fuel Use Act of 1978 (42 U.S.C. (b) CONFORMING AMENDMENT.—The table of pears; and 8456) is repealed. contents for the Energy Policy Act of 1992 (B) by striking ‘‘(as the case may be)’’. (b) CONFORMING AMENDMENT.—The table of (Public Law 102–486; 106 Stat. 2776) is amend- contents for the Powerplant and Industrial SEC. 3024. ENERGY SECURITY ACT REPEALS. ed by striking the item relating to section Fuel Use Act of 1978 (Public Law 95–620; 92 (a) BIOMASS ENERGY DEVELOPMENT 160 and inserting the following: Stat. 3289) is amended by striking the item PLANS.—Subtitle A of title II of the Energy ‘‘Sec. 160. Inspector General review.’’. relating to section 746. Security Act (42 U.S.C. 8811 et seq.) is re- pealed. SEC. 3012. REPEAL OF PROCUREMENT AND IDEN- SEC. 3019. REPEAL OF STUDY OF THE USE OF PE- (b) MUNICIPAL WASTE BIOMASS ENERGY.— TIFICATION OF ENERGY EFFICIENT TROLEUM AND NATURAL GAS IN PRODUCTS PROGRAM. COMBUSTORS. Subtitle B of title II of the Energy Security Act (42 U.S.C. 8831 et seq.) is repealed. (a) REPEAL.—Section 161 of the Energy Pol- (a) REPEAL.—Section 747 of the Powerplant (c) USE OF GASOHOL IN FEDERAL MOTOR VE- icy Act of 1992 (42 U.S.C. 8262g) is repealed. and Industrial Fuel Use Act of 1978 (42 U.S.C. HICLES.—Section 271 of the Energy Security (b) CONFORMING AMENDMENTS.— 8457) is repealed. Act (42 U.S.C. 8871) is repealed. (1) The table of contents for the Energy (b) CONFORMING AMENDMENT.—The table of (d) CONFORMING AMENDMENTS.— Policy Act of 1992 (Public Law 102–486; 106 contents for the Powerplant and Industrial (1) The table of contents for the Energy Se- Stat. 2776) is amended by striking the item Fuel Use Act of 1978 (Public Law 95–620; 92 curity Act (Public Law 96–294; 94 Stat. 611) is relating to section 161. Stat. 3289) is amended by striking the item amended— (2) Section 548(b) of the National Energy relating to section 747. Conservation Policy Act (42 U.S.C. 8258(b)) (A) by striking the items relating to sub- SEC. 3020. REPEAL OF AUTHORIZATION OF AP- title A of title II; (as amended by section 1033(a)) is amended— PROPRIATIONS. (B) by striking the items relating to sub- (A) in paragraph (3), by inserting ‘‘and’’ (a) REPEAL.—Subtitle F of title VII of the title B of title II; after the semicolon at the end; Powerplant and Industrial Fuel Use Act of (C) by striking the item relating to section (B) by striking paragraph (4); and 1978 (42 U.S.C. 8461) is repealed. 204 and inserting the following: (C) by redesignating paragraph (5) as para- (b) CONFORMING AMENDMENT.—The table of graph (4). contents for the Powerplant and Industrial ‘‘Sec. 204. Funding.’’; SEC. 3013. REPEAL OF PHOTOVOLTAIC ENERGY Fuel Use Act of 1978 (Public Law 95–620; 92 and PROGRAM. Stat. 3289) is amended— (D) by striking the item relating to section (a) REPEAL.—Part 4 of title V of the Na- (1) by striking the item relating to subtitle 271. tional Energy Conservation Policy Act (42 F of title VII; and (2) Section 203 of the Biomass Energy and U.S.C. 8271 et seq.) is repealed. (2) by striking the item relating to section Alcohol Fuels Act of 1980 (42 U.S.C. 8802) is (b) CONFORMING AMENDMENT.—The table of 751. amended— contents for the National Energy Conserva- (A) by striking paragraph (16); and SEC. 3021. REPEAL OF SUBMISSION OF REPORTS. tion Policy Act (Public Law 95–619; 92 Stat. (B) by redesignating paragraphs (17) (a) REPEAL.—Section 807 of the Powerplant 3206) is amended— through (19) as paragraphs (16) through (18), (1) by striking the item relating to part 4 and Industrial Fuel Use Act of 1978 (42 U.S.C. 8483) is repealed. respectively. of title V; and (3) Section 204 of the Energy Security Act (b) CONFORMING AMENDMENT.—The table of (2) by striking the items relating to sec- contents for the Powerplant and Industrial (42 U.S.C. 8803) is amended— tions 561 through 570. Fuel Use Act of 1978 (Public Law 95–620; 92 (A) in the section heading, by striking SEC. 3014. REPEAL OF NATIONAL ACTION PLAN Stat. 3289) is amended by striking the item ‘‘FOR SUBTITLES A AND B’’; and FOR DEMAND RESPONSE. relating to section 807. (B) in subsection (a)— (a) REPEAL.—Part 5 of title V of the Na- (i) in paragraph (1), by adding ‘‘and’’ after tional Energy Conservation Policy Act (42 SEC. 3022. REPEAL OF ELECTRIC UTILITY CON- SERVATION PLAN. the semicolon at the end; U.S.C. 8279) is repealed. (ii) in paragraph (2), by striking ‘‘; and’’ at (b) CONFORMING AMENDMENT.—The table of (a) REPEAL.—Section 808 of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. the end and inserting a period; and contents for the National Energy Conserva- (iii) by striking paragraph (3). tion Policy Act (Public Law 95–619; 92 Stat. 8484) is repealed. (b) CONFORMING AMENDMENTS.— SEC. 3025. NUCLEAR SAFETY RESEARCH, DEVEL- 3206; 121 Stat. 1665) is amended— OPMENT, AND DEMONSTRATION ACT (1) TABLE OF CONTENTS.—The table of con- (1) by striking the item relating to part 5 OF 1980 REPEALS. tents for the Powerplant and Industrial Fuel of title V; and Sections 5 and 6 of the Nuclear Safety Re- Use Act of 1978 (Public Law 95–620; 92 Stat. (2) by striking the item relating to section search, Development, and Demonstration 3289) is amended by striking the item relat- 571. Act of 1980 (42 U.S.C. 9704, 9705) are repealed. ing to section 808. SEC. 3015. REPEAL OF ENERGY AUDITOR TRAIN- SEC. 3026. REPEAL OF RENEWABLE ENERGY AND (2) REPORT ON IMPLEMENTATION.—Section ING AND CERTIFICATION. ENERGY EFFICIENCY TECHNOLOGY (a) REPEAL.—Subtitle F of title V of the 712 of the Powerplant and Industrial Fuel COMPETITIVENESS ACT OF 1989. Energy Security Act (42 U.S.C. 8285 et seq.) is Use Act of 1978 (42 U.S.C. 8422) is amended— (a) REPEAL.—The Renewable Energy and repealed. (A) by striking ‘‘(a) GENERALLY.—’’; and Energy Efficiency Technology Competitive- (b) CONFORMING AMENDMENT.—The table of (B) by striking subsection (b). ness Act of 1989 (42 U.S.C. 12001 et seq.) is re- contents for the Energy Security Act (Public SEC. 3023. EMERGENCY ENERGY CONSERVATION pealed. Law 96–294; 94 Stat. 611) is amended— REPEALS. (b) CONFORMING AMENDMENTS.— (1) by striking the item relating to subtitle (a) REPEALS.— (1) Section 6(b)(3) of the Federal Non- F of title V; and (1) Section 201 of the Emergency Energy nuclear Energy Research and Development (2) by striking the items relating to sec- Conservation Act of 1979 (42 U.S.C. 8501) is Act of 1974 (42 U.S.C. 5905(b)(3)) (as amended tions 581 through 584. amended by striking the section designation by section 1205(c)(2)) is amended— SEC. 3016. REPEAL OF NATIONAL COAL POLICY and heading and all that follows through ‘‘(b) (A) in subparagraph (P), by adding ‘‘and’’ STUDY. PURPOSES.—The purposes’’ and inserting the after the semicolon; (a) REPEAL.—Section 741 of the Powerplant following: (B) by striking subparagraph (Q); and and Industrial Fuel Use Act of 1978 (42 U.S.C. ‘‘SEC. 201. PURPOSES. (C) by redesignating subparagraph (R) as 8451) is repealed. ‘‘The purposes’’. subparagraph (Q).

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00132 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.056 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1405 (2) Section 1204 of the Energy Policy Act of (Public Law 102–486; 106 Stat. 2776) is amend- ed by striking the item relating to section 1992 (42 U.S.C. 13313) is amended— ed by striking the item relating to section 3015. (A) in subsection (b), in the matter pre- 1604. SEC. 3039. ELIMINATION AND CONSOLIDATION OF ceding paragraph (1), in the first sentence, by SEC. 3034. REPEAL OF TELECOMMUTING STUDY. CERTAIN AMERICA COMPETES PRO- striking ‘‘, in consultation with’’ and all (a) IN GENERAL.—Section 2028 of the En- GRAMS. that follows through ‘‘under section 6 of the ergy Policy Act of 1992 (42 U.S.C. 13438) is re- (a) ELIMINATION OF PROGRAM AUTHORI- Renewable Energy and Energy Efficiency pealed. TIES.— Technology Competitiveness Act of 1989,’’; (b) CONFORMING AMENDMENT.—The table of (1) NUCLEAR SCIENCE TALENT EXPANSION and contents for the Energy Policy Act of 1992 PROGRAM FOR INSTITUTIONS OF HIGHER EDU- (B) in subsection (c), by striking ‘‘, in con- (Public Law 102–486; 106 Stat. 2776) is amend- CATION.—Section 5004 of the America COM- sultation with the Advisory Committee,’’. ed by striking the item relating to section PETES Act (42 U.S.C. 16532) is repealed. SEC. 3027. REPEAL OF HYDROGEN RESEARCH, 2028. (2) HYDROCARBON SYSTEMS SCIENCE TALENT DEVELOPMENT, AND DEMONSTRA- SEC. 3035. REPEAL OF ADVANCED BUILDINGS EXPANSION PROGRAM FOR INSTITUTIONS OF TION PROGRAM. FOR 2005 PROGRAM. HIGHER EDUCATION.—Section 5005 of the The Spark M. Matsunaga Hydrogen Re- (a) IN GENERAL.—Section 2104 of the En- America COMPETES Act (42 U.S.C. 16533) is search, Development, and Demonstration ergy Policy Act of 1992 (42 U.S.C. 13454) is re- amended— Act of 1990 (42 U.S.C. 12401 et seq.) is re- pealed. (A) by striking subsection (e); and pealed. (b) CONFORMING AMENDMENT.—The table of (B) in subsection (f)— SEC. 3028. REPEAL OF STUDY ON ALTERNATIVE contents for the Energy Policy Act of 1992 (i) by striking paragraph (2); FUEL USE IN NONROAD VEHICLES (Public Law 102–486; 106 Stat. 2776) is amend- (ii) by striking the subsection designation AND ENGINES. ed by striking the item relating to section and heading and all that follows through (a) IN GENERAL.—Section 412 of the Energy 2104. ‘‘There are’’ in paragraph (1) and inserting Policy Act of 1992 (42 U.S.C. 13238) is re- SEC. 3036. REPEAL OF ENERGY RESEARCH, DE- the following: pealed. VELOPMENT, DEMONSTRATION, AND (b) CONFORMING AMENDMENT.—The table of COMMERCIAL APPLICATION ADVI- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— contents for the Energy Policy Act of 1992 SORY BOARD. There are’’; and (Public Law 102–486; 106 Stat. 2776) is amend- (a) IN GENERAL.—Section 2302 of the En- (iii) by redesignating subparagraphs (A) ed by striking the item relating to section ergy Policy Act of 1992 (42 U.S.C. 13522) is re- through (F) as paragraphs (1) through (6), re- 412. pealed. spectively, and indenting appropriately. (3) DISCOVERY SCIENCE AND ENGINEERING IN- SEC. 3029. REPEAL OF LOW INTEREST LOAN PRO- (b) CONFORMING AMENDMENTS.— GRAM FOR SMALL BUSINESS FLEET (1) The table of contents for the Energy NOVATION INSTITUTES.—Section 5008 of the PURCHASES. Policy Act of 1992 (Public Law 102–486; 106 America COMPETES Act (42 U.S.C. 16535) is (a) IN GENERAL.—Section 414 of the Energy Stat. 2776) is amended by striking the item repealed. Policy Act of 1992 (42 U.S.C. 13239) is re- relating to section 2302. (4) ELIMINATION OF DUPLICATIVE AUTHORITY pealed. (2) Section 6 of the Federal Nonnuclear En- FOR EDUCATION PROGRAMS.—Sections 3181 and (b) CONFORMING AMENDMENT.—The table of ergy Research and Development Act of 1974 3185 of the Department of Energy Science contents for the Energy Policy Act of 1992 (42 U.S.C. 5905) is amended— Education Enhancement Act (42 U.S.C. 7381l, (Public Law 102–486; 106 Stat. 2776) is amend- (A) in subsection (a), in the matter pre- 42 U.S.C. 7381n) are repealed. ed by striking the item relating to section ceding paragraph (1), in the first sentence, by (5) MENTORING PROGRAM.—Section 3195 of 414. striking ‘‘, in consultation with the Advisory the Department of Energy Science Education Enhancement Act (42 U.S.C. 7381r) is re- SEC. 3030. REPEAL OF TECHNICAL AND POLICY Board established under section 2302 of the ANALYSIS FOR REPLACEMENT FUEL Energy Policy Act of 1992,’’; pealed. DEMAND AND SUPPLY INFORMA- (B) in subsection (b)— (b) REPEAL OF AUTHORIZATIONS.— TION. (i) in paragraph (1), in the first sentence, (1) DEPARTMENT OF ENERGY EARLY CAREER (a) IN GENERAL.—Section 506 of the Energy by striking ‘‘, in consultation with the Advi- AWARDS FOR SCIENCE, ENGINEERING, AND Policy Act of 1992 (42 U.S.C. 13256) is re- sory Board established under section 2302 of MATHEMATICS RESEARCHERS.—Section 5006 of pealed. the Energy Policy Act of 1992,’’; and the America COMPETES Act (42 U.S.C. (b) CONFORMING AMENDMENTS.— (ii) in paragraph (2), in the second sen- 16534) is amended by striking subsection (h). (1) The table of contents for the Energy tence, by striking ‘‘, in consultation with the (2) PROTECTING AMERICA’S COMPETITIVE Policy Act of 1992 (Public Law 102–486; 106 Advisory Board established under section EDGE (PACE) GRADUATE FELLOWSHIP PRO- Stat. 2776) is amended by striking the item 2302 of the Energy Policy Act of 1992,’’; and GRAM.—Section 5009 of the America COM- relating to section 506. (C) in subsection (c), in the first sentence, PETES Act (42 U.S.C. 16536) is amended by (2) Section 507(m) of the Energy Policy Act by striking ‘‘, in consultation with the Advi- striking subsection (f). of 1992 (42 U.S.C. 13257(m)) is amended by sory Board established under section 2302 of (3) DISTINGUISHED SCIENTIST PROGRAM.— striking ‘‘and section 506’’. the Energy Policy Act of 1992,’’. Section 5011 of the America COMPETES Act SEC. 3031. REPEAL OF 1992 REPORT ON CLIMATE (3) Section 2011(c) of the Energy Policy Act (42 U.S.C. 16537) is amended by striking sub- CHANGE. of 1992 (42 U.S.C. 13411(c)) is amended, in the section (j). (a) IN GENERAL.—Section 1601 of the En- second sentence, by striking ‘‘, and with the (c) CONSOLIDATION OF DUPLICATIVE PRO- ergy Policy Act of 1992 (42 U.S.C. 13381) is re- Advisory Board established under section GRAM AUTHORITIES.— pealed. 2302’’. (1) UNIVERSITY NUCLEAR SCIENCE AND ENGI- (b) CONFORMING AMENDMENTS.— (4) Section 2304 of the Energy Policy Act of NEERING SUPPORT.—Section 954 of the Energy (1) The table of contents for the Energy 1992 (42 U.S.C. 13523), is amended— Policy Act of 2005 (42 U.S.C. 16274) (as amend- Policy Act of 1992 (Public Law 102–486; 106 (A) in subsection (a), by striking ‘‘, in con- ed by section 1504(a)) is amended in sub- Stat. 2776) is amended by striking the item sultation with the Advisory Board estab- section (a)— relating to section 1601. lished under section 2302,’’; and (A) in paragraph (1), by inserting ‘‘nuclear (2) Section 1602(a) of the Energy Policy Act (B) in subsection (c), in the matter pre- chemistry,’’ after ‘‘nuclear engineering,’’; of 1992 (42 U.S.C. 13382(a)) is amended, in the ceding paragraph (1), in the first sentence, by and matter preceding paragraph (1), in the third striking ‘‘, with the advice of the Advisory (B) in paragraph (2)— sentence, by striking ‘‘the report required Board established under section 2302 of this (i) by redesignating subparagraphs (C) under section 1601 and’’. Act,’’. through (E) as subparagraphs (D) through SEC. 3032. REPEAL OF DIRECTOR OF CLIMATE SEC. 3037. REPEAL OF STUDY ON USE OF ENERGY (F), respectively; and PROTECTOR ESTABLISHMENT. FUTURES FOR FUEL PURCHASE. (ii) by inserting after subparagraph (B) the (a) IN GENERAL.—Section 1603 of the En- (a) IN GENERAL.—Section 3014 of the En- following: ergy Policy Act of 1992 (42 U.S.C. 13383) is re- ergy Policy Act of 1992 (42 U.S.C. 13552) is re- ‘‘(C) award grants, not to exceed 5 years in pealed. pealed. duration, to institutions of higher education (b) CONFORMING AMENDMENT.—The table of (b) CONFORMING AMENDMENT.—The table of with existing academic degree programs in contents for the Energy Policy Act of 1992 contents for the Energy Policy Act of 1992 nuclear sciences and related fields— (Public Law 102–486; 106 Stat. 2776) is amend- (Public Law 102–486; 106 Stat. 2776) is amend- ‘‘(i) to increase the number of graduates in ed by striking the item relating to section ed by striking the item relating to section nuclear science and related fields; 1603. 3014. ‘‘(ii) to enhance the teaching and research SEC. 3033. REPEAL OF 1994 REPORT ON GLOBAL SEC. 3038. REPEAL OF ENERGY SUBSIDY STUDY. of advanced nuclear technologies; CLIMATE CHANGE EMISSIONS. (a) IN GENERAL.—Section 3015 of the En- ‘‘(iii) to undertake collaboration with in- (a) IN GENERAL.—Section 1604 of the En- ergy Policy Act of 1992 (42 U.S.C. 13553) is re- dustry and National Laboratories; and ergy Policy Act of 1992 (42 U.S.C. 13384) is re- pealed. ‘‘(iv) to bolster or sustain nuclear infra- pealed. (b) CONFORMING AMENDMENT.—The table of structure and research facilities of institu- (b) CONFORMING AMENDMENT.—The table of contents for the Energy Policy Act of 1992 tions of higher education, such as research contents for the Energy Policy Act of 1992 (Public Law 102–486; 106 Stat. 2776) is amend- and training reactors and laboratories;’’.

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00133 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.056 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1406 CONGRESSIONAL RECORD — SENATE March 3, 2020 (2) CONSOLIDATION OF DEPARTMENT OF EN- technology, engineering, and mathematics MURKOWSKI and intended to be pro- ERGY EARLY CAREER AWARDS FOR SCIENCE, EN- education.’’; and posed to the bill S. 2657, to support in- GINEERING, AND MATHEMATICS RESEARCHERS (ii) in paragraph (3)— novation in advanced geothermal re- PROGRAM AND DISTINGUISHED SCIENTIST PRO- (I) in subparagraph (D), by striking ‘‘and’’ search and development, and for other GRAM.— at the end; (A) FUNDING.—Section 971(c) of the Energy (II) by redesignating subparagraph (E) as purposes; which was ordered to lie on Policy Act of 2005 (42 U.S.C. 16311(c)) is subparagraph (F); and the table; as follows: amended by adding at the end the following: (III) by inserting after subparagraph (D) At the end of subtitle B of title I, add the ‘‘(8) For the Department of Energy early the following: following: career awards for science, engineering, and ‘‘(E) represent the Department as the prin- SEC. 12llll. UPPER MISSOURI RIVER BASIN mathematics researchers program under sec- cipal interagency liaison for all coordination REPOWERING FEASIBILITY STUDY. tion 5006 of the America COMPETES Act (42 activities under the President for science, (a) DEFINITIONS.—In this section: U.S.C. 16534) and the distinguished scientist technology, engineering, and mathematics (1) MAINSTEM DAM.—The term ‘‘mainstem program under section 5011 of that Act (42 education programs; and’’; and dam’’ means each of the major dams oper- U.S.C. 16537), $150,000,000 for each of fiscal (B) in subsection (d)— ated by the Secretary of the Army in the years 2018 through 2022, of which not more (i) by striking ‘‘The Secretary’’ and insert- Upper Missouri River Basin, including— than 65 percent of the amount made avail- ing the following: (A) Fort Peck Dam in the State of Mon- able for a fiscal year under this paragraph ‘‘(1) IN GENERAL.—The Secretary’’; and tana; may be used to carry out section 5006 or 5011 (ii) by adding at the end the following: (B) Garrison Dam in the State of North Da- of that Act.’’. ‘‘(2) REPORT.—Not later than 180 days after kota; and (B) DEPARTMENT OF ENERGY EARLY CAREER the date of enactment of this paragraph, the (C) Oahe Dam, Big Bend Dam, Fort Randall AWARDS FOR SCIENCE, ENGINEERING, AND Director shall submit a report describing the Dam, and Gavins Point Dam in the State of MATHEMATICS RESEARCHERS.—Section 5006 of impact of the activities assisted with the South Dakota. the America COMPETES Act (42 U.S.C. Fund established under paragraph (1) to— (2) UPPER MISSOURI RIVER BASIN.—The term 16534) is amended— ‘‘(A) the Committee on Science, Space, and ‘‘Upper Missouri River Basin’’ means the (i) in subsection (b)(1)— Technology of the House of Representatives; Missouri River Water Management Division (I) in the matter preceding subparagraph and (as defined by the Secretary of the Army) lo- (A)— ‘‘(B) the Committee on Energy and Natural cated above the Gavins Point Dam in the (aa) by inserting ‘‘average’’ before Resources of the Senate.’’. State of South Dakota. ‘‘amount’’; and (4) PROTECTING AMERICA’S COMPETITIVE (b) AUTHORIZATION OF STUDY.—The Sec- (bb) by inserting ‘‘for each year’’ before EDGE (PACE) GRADUATE FELLOWSHIP PRO- retary shall conduct a study on the potential ‘‘shall’’; GRAM.—Section 5009 of the America COM- for hydroelectric repowering in the Upper (II) in subparagraph (A), by striking PETES Act (42 U.S.C. 16536) is amended— Missouri River Basin. ‘‘$80,000’’ and inserting ‘‘$190,000’’; and (A) in subsection (c)— (c) CONTENTS.—The study under subsection (III) in subparagraph (B), by striking (i) in paragraph (1) by striking ‘‘, involv- (b) shall include an examination of the po- ‘‘$125,000’’ and inserting ‘‘$490,000’’; ing’’ and all that follows through ‘‘Sec- tential for repowering the existing mainstem (ii) in subsection (c)(1)(C)— retary’’; and dams in the Upper Missouri River Basin, in- (I) in clause (i)— (ii) in paragraph (2), by striking subpara- cluding— (aa) by striking ‘‘assistant professor or graph (B) and inserting the following: (1) possible upgrades to existing hydro- equivalent title’’ and inserting ‘‘untenured ‘‘(B) to demonstrate excellent academic electric infrastructure to improve the capac- assistant or associate professor’’; and performance and understanding of scientific ity and efficiency of generation; and (bb) by inserting ‘‘or’’ after the semicolon or technical subjects; and’’; (2) the estimated additional generating ca- at the end; (B) in subsection (d)(1)(B)(i), by inserting pacity associated with upgrades under para- (II) by striking clause (ii); and ‘‘full or partial’’ before ‘‘graduate tuition’’; graph (1). (III) by redesignating clause (iii) as clause and (d) COORDINATION.—In carrying out the (ii); study under subsection (b), the Secretary (iii) in subsection (d), by striking ‘‘on a (C) in subsection (e), in the matter pre- may coordinate with the Secretary of De- competitive, merit-reviewed basis’’ and in- ceding paragraph (1), by striking ‘‘Director serting ‘‘through a competitive process using of Science, Engineering, and Mathematics fense and the Secretary of the Interior. (e) REPORT.—Not later than 2 years after merit-based peer review’’; Education’’ and inserting ‘‘Director of the (iv) in subsection (e)— Office of Science.’’. the date of enactment of this Act, the Sec- (I) by striking the subsection designation (d) CONFORMING AMENDMENTS.—The table retary shall submit to the appropriate com- and heading and all that follows through ‘‘To of contents for the America COMPETES ACT mittees of Congress a report describing the be eligible’’ in paragraph (1) and inserting (Public Law 110–69; 121 Stat. 573) is amended results of the study under subsection (b). the following: by striking the items relating to sections ‘‘(e) SELECTION PROCESS AND CRITERIA.—To 5004 and 5008. SA 1410. Mr. THUNE submitted an be eligible’’; and SEC. 3040. REPEAL OF PRIOR LIMITATION ON amendment intended to be proposed to (II) by striking paragraph (2); and COMPENSATION OF THE SECRETARY amendment SA 1407 submitted by Ms. OF THE INTERIOR. (v) in subsection (f)(1), by striking ‘‘non- MURKOWSKI and intended to be pro- profit, nondegree-granting research organi- (a) IN GENERAL.—The Joint Resolution en- posed to the bill S. 2657, to support in- zations’’ and inserting ‘‘National Labora- titled ‘‘Joint Resolution ensuring that the compensation and other emoluments at- novation in advanced geothermal re- tories’’. search and development, and for other (3) SCIENCE EDUCATION PROGRAMS.—Section tached to the office of Secretary of the Inte- 3164 of the Department of Energy Science rior are those which were in effect on Janu- purposes; which was ordered to lie on Education Enhancement Act (42 U.S.C. 7381a) ary 1, 2005’’, approved January 16, 2009 (5 the table; as follows: is amended— U.S.C. 5312 note; Public Law 111–1), is re- At the end of subtitle B of title I, add the (A) in subsection (b)— pealed. following: (i) by striking paragraphs (1) and (2) and (b) EFFECTIVE DATE.—This section shall SEC. 12lll. UPPER MISSOURI BASIN HYDRO- inserting the following: take effect as though enacted on March 2, POWER FEASIBILITY STUDY. ‘‘(1) IN GENERAL.—The Director of the Of- 2017. (a) IN GENERAL.—The Secretary shall con- fice of Science (referred to in this subsection duct a study on the potential for hydro- as the ‘Director’) shall provide for appro- SA 1408. Ms. MURKOWSKI submitted electric expansion and development in the priate coordination of science, technology, an amendment intended to be proposed Upper Missouri Basin. engineering, and mathematics education by her to the bill S. 2657, to support in- (b) CONTENTS.—The study under subsection programs across all functions of the Depart- novation in advanced geothermal re- (a) shall include an examination of the po- ment. search and development, and for other tential for adding hydroelectric capacity to ‘‘(2) ADMINISTRATION.—In carrying out purposes; which was ordered to lie on existing, nonpowered dams in the Upper Mis- paragraph (1), the Director shall— the table; as follows: souri Basin, including— ‘‘(A) consult with— (1) an assessment of dams with hydro- ‘‘(i) the Assistant Secretary of Energy with Amend the title so as to read: ‘‘A bill to electric capacity of 1 megawatt or more; and responsibility for energy efficiency and re- promote clean American energy innovation, (2) for existing dams with a hydroelectric newable energy programs; and strengthen national security, improve global capacity of less than 1 megawatt, the pos- ‘‘(ii) the Deputy Administrator for Defense competitiveness, and protect the environ- sible use of innovative technologies to add Programs of the National Nuclear Security ment.’’. hydroelectric capacity. Administration; and (c) COORDINATION.—In carrying out the ‘‘(B) seek to increase the participation and SA 1409. Mr. THUNE submitted an study under subsection (a), the Secretary advancement of women and underrep- amendment intended to be proposed to may coordinate with the Secretary of De- resented minorities at every level of science, amendment SA 1407 submitted by Ms. fense and the Secretary of the Interior.

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(d) REPORT.—Not later than 2 years after ‘‘(6) ADVERTISING AND SOLICITATION OF COM- ‘‘(3) maintaining existing multilateral co- the date of enactment of this Act, the Sec- PETITORS.— operation commitments of— retary shall submit to the appropriate com- ‘‘(A) IN GENERAL.—The Secretary shall an- ‘‘(A) the International Framework for Nu- mittees of Congress a report describing the nounce each prize competition under the pro- clear Energy Cooperation; results of the study under subsection (a). gram by publishing a notice in the Federal ‘‘(B) the Generation IV International Register. Forum; SA 1411. Mr. THUNE submitted an ‘‘(B) REQUIREMENTS.—Each notice pub- ‘‘(C) the International Atomic Energy amendment intended to be proposed to lished under subparagraph (A) shall describe Agency; and amendment SA 1407 submitted by Ms. the essential elements of the competition, ‘‘(D) any other international collaborative such as— MURKOWSKI and intended to be pro- effort with respect to advanced nuclear reac- ‘‘(i) the subject of the competition; posed to the bill S. 2657, to support in- tor operations and safety. ‘‘(ii) the duration of the competition; ‘‘(b) SUBPROGRAM.— novation in advanced geothermal re- ‘‘(iii) the eligibility requirements for par- ‘‘(1) IN GENERAL.—In carrying out the pro- search and development, and for other ticipation in the competition; gram under subsection (a), the Secretary, purposes; which was ordered to lie on ‘‘(iv) the process for participants to reg- with the concurrence of the Secretary of the table; as follows: ister for the competition; State, On page 232, line 18, strike ‘‘$10,000,000’’ and ‘‘(v) the amount of the prize; and insert ‘‘$9,500,000’’. ‘‘(vi) the criteria for awarding the prize. SA 1413. Mr. MENENDEZ submitted On page 414, after line 23, insert the fol- ‘‘(7) JUDGES.— an amendment intended to be proposed lowing: ‘‘(A) IN GENERAL.—For each prize competi- by him to the bill S. 2657, to support in- tion under the program, the Secretary shall SEC. 1810. WIND BLADE RECYCLING PRIZE COM- novation in advanced geothermal re- PETITION. assemble a panel of qualified judges to select the winner or winners of the competition on search and development, and for other Section 1008 of the Energy Policy Act of the basis of the criteria established under purposes; which was ordered to lie on 2005 (42 U.S.C. 16396) (as amended by section paragraph (5). the table; as follows: 1301(f)) is amended by adding at the end the ‘‘(B) SELECTION.—The judges for each com- following: Beginning on page 321, line 8, of the amend- petition shall include appropriate members ‘‘(h) WIND BLADE RECYCLING PRIZE COM- ment, strike ‘‘Secretary’’ and all that fol- of private industry involved in the commer- PETITION.— lows through ‘‘Secretary’’ on page 322, line 2, cial production and deployment of wind ‘‘(1) IN GENERAL.—The Secretary shall es- and insert the following: ‘‘Secretary, with tablish an award program, to be known as blades. the concurrence of the Secretary of State, the ‘Wind Blade Recycling Prize Competi- ‘‘(C) CONFLICTS.—An individual may not shall carry out a program to develop bilat- tion’ (referred to in this subsection as the serve as a judge in a prize competition under eral collaboration initiatives with a variety ‘program’), under which the Secretary shall the program if the individual, the spouse of of countries through— carry out prize competitions and make the individual, any child of the individual, or ‘‘(1) research and development agreements; awards to advance the recycling of wind any other member of the household of the in- ‘‘(2) other relevant arrangements and ac- blade materials. dividual— tion plan updates; and ‘‘(i) has a personal or financial interest in, ‘‘(2) FREQUENCY.—To the maximum extent ‘‘(3) maintaining existing multilateral co- practicable, the Secretary shall carry out a or is an employee, officer, director, or agent operation commitments of— competition under the program not less fre- of, any entity that is a registered participant ‘‘(A) the International Framework for Nu- quently than once every calendar year. in the prize competition for which the indi- clear Energy Cooperation; vidual will serve as a judge; or ‘‘(3) ELIGIBILITY.— ‘‘(B) the Generation IV International ‘‘(ii) has a familial or financial relation- ‘‘(A) IN GENERAL.—To be eligible to win a Forum; prize under the program, an individual or en- ship with a registered participant in the ‘‘(C) the International Atomic Energy tity— prize competition for which the individual Agency; and ‘‘(i) shall have complied with the require- will serve as a judge. ‘‘(D) any other international collaborative ments of the competition as described in the ‘‘(8) REPORT TO CONGRESS.—Not later than effort with respect to advanced nuclear reac- announcement for that competition pub- 60 days after the date on which the first prize tor operations and safety. lished in the Federal Register by the Sec- is awarded under the program, and annually ‘‘(b) SUBPROGRAM.— retary under paragraph (6); thereafter, the Secretary shall submit to ‘‘(1) IN GENERAL.—In carrying out the pro- ‘‘(ii) in the case of a private entity, shall Congress a report that— gram under subsection (a), the Secretary, be incorporated in the United States and ‘‘(A) identifies each award recipient; with the concurrence of the Secretary of maintain a primary place of business in the ‘‘(B) describes the advanced methods or State, United States; and technologies developed by each award recipi- ‘‘(iii) in the case of an individual, whether ent; and SA 1414. Ms. CORTEZ MASTO sub- participating singly or in a group, shall be a ‘‘(C) specifies actions being taken by the mitted an amendment intended to be citizen of, or an alien lawfully admitted for Department toward commercial application proposed by her to the bill S. 2657, to permanent residence in, the United States. of all methods or technologies with respect support innovation in advanced geo- to which a prize has been awarded under the ‘‘(B) EXCLUSIONS.—The following entities thermal research and development, and and individuals shall not be eligible to win a program. ‘‘(9) ANTI-DEFICIENCY ACT.—The Secretary for other purposes; which was ordered prize under the program: to lie on the table; as follows: ‘‘(i) A Federal entity. shall carry out the program in accordance ‘‘(ii) A Federal employee (including an em- with section 1341 of title 31, United States At the end, add the following: ployee of a National Laboratory) acting Code (commonly referred to as the ‘Anti-De- TITLE IV—AMENDMENTS TO THE within the scope of employment. ficiency Act’). INTERNAL REVENUE CODE OF 1986 ‘‘(10) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(4) AWARDS.—In carrying out the pro- SEC. 4001. EXTENSION AND PHASEOUT OF EN- There is authorized to be appropriated to gram, the Secretary shall award cash prizes, ERGY CREDIT. carry out this subsection $2,000,000, to re- in amounts to be determined by the Sec- (a) EXTENSIONS.—Section 48 of the Internal retary, to each individual or entity selected main available until expended.’’. Revenue Code of 1986 is amended— through a competitive process to develop SA 1412. Mr. MENENDEZ submitted (1) in subsection (a)— methods or technologies to recycle or reuse an amendment intended to be proposed (A) in paragraph (2)(A)(i)(II), by striking wind blade materials from domestic wind en- ‘‘January 1, 2022’’ and inserting ‘‘January 1, ergy facilities. by him to the bill S. 2657, to support in- 2027’’; and ‘‘(5) CRITERIA.— novation in advanced geothermal re- (B) in paragraph (3)(A)— ‘‘(A) IN GENERAL.—The Secretary shall es- search and development, and for other (i) in clause (ii), by striking ‘‘January 1, tablish objective, merit-based criteria for purposes; which was ordered to lie on 2022’’ and inserting ‘‘January 1, 2027’’; and awarding the prizes in each competition car- the table; as follows: (ii) in clause (vii), by striking ‘‘January 1, ried out under the program. Beginning on page 321, line 8, strike ‘‘Sec- 2022’’ and inserting ‘‘January 1, 2027’’; and ‘‘(B) REQUIREMENTS.—The criteria estab- retary’’ and all that follows through ‘‘Sec- (2) in subsection (c)— lished under subparagraph (A) shall retary’’ on page 322, line 2, and insert the fol- (A) in paragraph (1)(D), by striking ‘‘Janu- prioritize advancements in methods or tech- lowing: ‘‘Secretary, with the concurrence of ary 1, 2022’’ and inserting ‘‘January 1, 2027’’; nologies that present the greatest potential the Secretary of State, shall carry out a pro- (B) in paragraph (2)(D), by striking ‘‘Janu- for large-scale commercial deployment. gram to develop bilateral collaboration ini- ary 1, 2022’’ and inserting ‘‘January 1, 2027’’; ‘‘(C) CONSULTATION.—In establishing cri- tiatives with a variety of countries (C) in paragraph (3)(A)(iv), by striking teria under subparagraph (A), the Secretary through— ‘‘January 1, 2022’’ and inserting ‘‘January 1, shall consult with appropriate members of ‘‘(1) research and development agreements; 2027’’; and private industry involved in the commercial ‘‘(2) other relevant arrangements and ac- (D) in paragraph (4)(C), by striking ‘‘Janu- deployment of wind energy facilities. tion plan updates; and ary 1, 2022’’ and inserting ‘‘January 1, 2027’’.

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(b) PHASEOUTS.— (ii) in clause (vii), by striking ‘‘January 1, SEC. 4003. EXTENSION AND PHASEOUT OF CRED- (1) SOLAR ENERGY PROPERTY.—Section 2022’’ and inserting ‘‘January 1, 2027’’; and IT FOR RESIDENTIAL ENERGY EFFI- 48(a)(6) of the Internal Revenue Code of 1986 (2) in subsection (c)— CIENT PROPERTY. is amended— (A) in paragraph (1)(D), by striking ‘‘Janu- (a) APPLICABLE PERCENTAGE.—Subsection (A) in subparagraph (A)— ary 1, 2022’’ and inserting ‘‘January 1, 2027’’; (g) of section 25D of the Internal Revenue (i) by striking ‘‘January 1, 2022, the energy (B) in paragraph (2)(D), by striking ‘‘Janu- Code of 1986 is amended— percentage’’ and inserting ‘‘January 1, 2027, ary 1, 2022’’ and inserting ‘‘January 1, 2027’’; (1) in paragraph (1), by striking ‘‘January the energy percentage’’; (C) in paragraph (3)(A)(iv), by striking 1, 2020’’ and inserting ‘‘January 1, 2025’’; (ii) in clause (i), by striking ‘‘after Decem- ‘‘January 1, 2022’’ and inserting ‘‘January 1, (2) in paragraph (2), by striking ‘‘after De- ber 31, 2019, and before January 1, 2021’’ and 2027’’; and cember 31, 2019, and before January 1, 2021’’ and inserting ‘‘after December 31, 2024, and inserting ‘‘after December 31, 2024, and be- (D) in paragraph (4)(C), by striking ‘‘Janu- before January 1, 2026’’; and fore January 1, 2026’’; and ary 1, 2022’’ and inserting ‘‘January 1, 2027’’. (iii) in clause (ii), by striking ‘‘after De- (3) in paragraph (3), by striking ‘‘after De- (b) PHASEOUTS.— cember 31, 2020, and before January 1, 2022’’ cember 31, 2020, and before January 1, 2022’’ (1) SOLAR ENERGY PROPERTY.—Section and inserting ‘‘after December 31, 2025, and and inserting ‘‘after December 31, 2025, and 48(a)(6) of the Internal Revenue Code of 1986 before January 1, 2027’’; and before January 1, 2027’’. (B) in subparagraph (B), by striking ‘‘be- is amended— (b) TERMINATION.—Subsection (h) of section gins before January 1, 2022, and which is not (A) in subparagraph (A)— 25D of such Code is amended by striking ‘‘De- placed in service before January 1, 2024’’ and (i) by striking ‘‘January 1, 2022, the energy cember 31, 2021’’ and inserting ‘‘December 31, inserting ‘‘begins before January 1, 2027, and percentage’’ and inserting ‘‘January 1, 2027, 2026’’. (c) EFFECTIVE DATE.—The amendments which is not placed in service before January the energy percentage’’; made by this section shall apply to property 1, 2029’’. (ii) in clause (i), by striking ‘‘after Decem- placed in service after December 31, 2019. (2) FIBER-OPTIC SOLAR, QUALIFIED FUEL ber 31, 2019, and before January 1, 2021’’ and CELL, AND QUALIFIED SMALL WIND ENERGY inserting ‘‘after December 31, 2024, and be- SA 1416. Mr. HOEVEN (for himself PROPERTY.—Section 48(a)(7) of such Code is fore January 1, 2026’’; and amended— (iii) in clause (ii), by striking ‘‘after De- and Mr. CRAMER) submitted an amend- (A) in subparagraph (A)— cember 31, 2020, and before January 1, 2022’’ ment intended to be proposed by him (i) in clause (i), by striking ‘‘after Decem- and inserting ‘‘after December 31, 2025, and to the bill S. 2657, to support innova- ber 31, 2019, and before January 1, 2021’’ and before January 1, 2027’’; and tion in advanced geothermal research inserting ‘‘after December 31, 2024, and be- (B) in subparagraph (B), by striking ‘‘be- and development, and for other pur- fore January 1, 2026’’; and gins before January 1, 2022, and which is not poses; which was ordered to lie on the placed in service before January 1, 2024’’ and (ii) in clause (ii), by striking ‘‘after Decem- table; as follows: ber 31, 2020, and before January 1, 2022’’ and inserting ‘‘begins before January 1, 2027, and inserting ‘‘after December 31, 2025, and be- which is not placed in service before January At the appropriate place, insert the fol- fore January 1, 2027’’; and 1, 2029’’. lowing: (B) in subparagraph (B), by striking ‘‘Janu- (2) FIBER-OPTIC SOLAR, QUALIFIED FUEL SEC. lll. EXTENSION OF REFINED COAL PRO- ary 1, 2024’’ and inserting ‘‘January 1, 2029’’. CELL, AND QUALIFIED SMALL WIND ENERGY DUCTION TAX CREDIT. (c) EFFECTIVE DATE.—The amendments PROPERTY.—Section 48(a)(7) of such Code is (a) EXTENSION OF PERIOD DURING WHICH RE- made by this section shall apply to periods amended— FINED COAL CAN BE PRODUCED.—Section after December 31, 2019. (A) in subparagraph (A)— 45(e)(8) of the Internal Revenue Code of 1986 is amended by adding at the end the fol- SEC. 4002. EXTENSION AND PHASEOUT OF CRED- (i) in clause (i), by striking ‘‘after Decem- IT FOR RESIDENTIAL ENERGY EFFI- ber 31, 2019, and before January 1, 2021’’ and lowing new subparagraph: CIENT PROPERTY. inserting ‘‘after December 31, 2024, and be- ‘‘(E) EXTENSION OF CREDIT PERIOD FOR CER- (a) APPLICABLE PERCENTAGE.—Subsection fore January 1, 2026’’; and TAIN REFINED COAL FACILITIES.—In the case of (g) of section 25D of the Internal Revenue (ii) in clause (ii), by striking ‘‘after Decem- a refined coal production facility which does Code of 1986 is amended— ber 31, 2020, and before January 1, 2022’’ and not produce steel industry fuel and which is (1) in paragraph (1), by striking ‘‘January inserting ‘‘after December 31, 2025, and be- placed in service before January 1, 2012, 1, 2020’’ and inserting ‘‘January 1, 2025’’; fore January 1, 2027’’; and clauses (i) and (ii)(II) of subparagraph (A) (2) in paragraph (2), by striking ‘‘after De- (B) in subparagraph (B), by striking ‘‘Janu- shall each be applied by substituting ‘20-year cember 31, 2019, and before January 1, 2021’’ ary 1, 2024’’ and inserting ‘‘January 1, 2029’’. period’ for ‘10-year period’.’’. and inserting ‘‘after December 31, 2024, and (b) EXTENSION OF PERIOD DURING WHICH RE- (c) EFFECTIVE DATE.—The amendments FINED COAL FACILITIES CAN BE QUALIFIED.— before January 1, 2026’’; and made by this section shall apply to periods (3) in paragraph (3), by striking ‘‘after De- Subparagraph (B) of section 45(d)(8) of the In- after December 31, 2019. cember 31, 2020, and before January 1, 2022’’ ternal Revenue Code of 1986 is amended— (1) by striking ‘‘placed in service after’’ and inserting ‘‘after December 31, 2025, and SEC. 4002. ENHANCING THE ENERGY CREDIT FOR before January 1, 2027’’. MICROTURBINES, COMBINED HEAT and inserting ‘‘placed in service— (b) TERMINATION.—Subsection (h) of section AND POWER SYSTEMS, GEO- ‘‘(i) after’’; 25D of such Code is amended by striking ‘‘De- THERMAL HEAT PUMPS, AND GEO- (2) by striking the period at the end and in- cember 31, 2021’’ and inserting ‘‘December 31, THERMAL ENERGY. serting ‘‘, or’’; and (3) by adding at the end the following new 2026’’. (a) IN GENERAL.—Section 48(a)(2)(A)(i) of clause: (c) EFFECTIVE DATE.—The amendments the Internal Revenue Code of 1986 is amend- ‘‘(ii) after December 31, 2019, and before made by this section shall apply to property ed— placed in service after December 31, 2019. January 1, 2023.’’. (1) by striking subclause (I); (c) EFFECTIVE DATE.—The amendments (2) by redesignating subclause (II), as SA 1415. Ms. CORTEZ MASTO (for made by this section shall apply to coal pro- amended by section 4001 of this Act, as sub- duced and sold after the date of the enact- herself and Ms. ROSEN) submitted an clause (I); amendment intended to be proposed by ment of this Act, in taxable years ending (3) by inserting after subclause (I), as re- after such date. her to the bill S. 2657, to support inno- designated by paragraph (2), the following: vation in advanced geothermal re- ‘‘(II) energy property described in para- SA 1417. Mr. HOEVEN (for himself, graph (3)(A)(iii) but only with respect to search and development, and for other Ms. SMITH, Mr. CRAMER, Mr. BARRASSO, property the construction of which begins purposes; which was ordered to lie on Mr. DAINES, Mrs. CAPITO, and Mr. the table; as follows: before January 1, 2027, and’’; (4) by amending subclause (III) to read as TESTER) submitted an amendment in- At the end, add the following: follows: tended to be proposed by him to the TITLE IV—AMENDMENTS TO THE ‘‘(III) energy property described in clause bill S. 2657, to support innovation in INTERNAL REVENUE CODE OF 1986 (ii), (iv), (v), (vi), or (vii) of paragraph (3)(A), advanced geothermal research and de- SEC. 4001. EXTENSION AND PHASEOUT OF EN- and’’; and velopment, and for other purposes; ERGY CREDIT. (5) by striking subclause (IV). which was ordered to lie on the table; (a) EXTENSIONS.—Section 48 of the Internal (b) EFFECTIVE DATE.—The amendments as follows: Revenue Code of 1986 is amended— made by this section shall apply to periods At the appropriate place, insert the fol- (1) in subsection (a)— after December 31, 2019, in taxable years end- lowing: (A) in paragraph (2)(A)(i)(II), by striking ‘‘January 1, 2022’’ and inserting ‘‘January 1, ing after such date, under rules similar to TITLE ll—CARBON CAPTURE 2027’’; and the rules of section 48(m) of the Internal MODERNIZATION (B) in paragraph (3)(A)— Revenue Code of 1986 (as in effect on the day SEC. l01. SHORT TITLE. (i) in clause (ii), by striking ‘‘January 1, before the date of the enactment of the Rev- This title may be cited as the ‘‘Carbon 2022’’ and inserting ‘‘January 1, 2027’’; and enue Reconciliation Act of 1990). Capture Modernization Act’’.

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SEC. l02. MODIFICATIONS OF QUALIFYING AD- maining available under section 48A(d)(3) of (1) IN GENERAL.—Title XI of the Energy VANCED COAL PROJECT CREDIT. the Internal Revenue Code of 1986 on the Policy Act of 2005 (42 U.S.C. 16411 et seq.) (as (a) SEQUESTRATION REQUIREMENT FOR CER- date of the enactment of this Act. amended by subsection (a)(1)) is amended by TAIN EQUIPMENT.—Section 48A(e)(1)(G) of the adding at the end the following: Internal Revenue Code of 1986 is amended by SA 1418. Mr. HOEVEN (for himself, ‘‘SEC. 1108. VETERANS IN WIND ENERGY. inserting ‘‘and 60 percent in the case of an Mr. CRAMER, and Mr. DAINES) sub- ‘‘(a) IN GENERAL.—The Secretary shall es- application for a reallocation of credits mitted an amendment intended to be tablish a program to prepare veterans for ca- under subsection (d)(4) with respect to an reers in the wind energy industry that shall electrical generating unit in existence on Oc- proposed by him to the bill S. 2657, to support innovation in advanced geo- be modeled off of the Solar Ready Vets pilot tober 3, 2008’’ after ‘‘under subsection (d)(4)’’. program formerly administered by the De- (b) NAMEPLATE GENERATING CAPACITY RE- thermal research and development, and partment of Energy and the Department of QUIREMENT.—Section 48A(e)(1)(C) of such for other purposes; which was ordered Defense. Code is amended by striking ‘‘400 to lie on the table; as follows: ‘‘(b) FUNDING.—Of the amounts made avail- megawatts’’ and inserting ‘‘200 megawatts’’. At the end of title II, add the following: able to the Secretary for administrative ex- (c) ADVANCED COAL-BASED GENERATION penses to carry out other programs under the TECHNOLOGY REQUIREMENTS.— Subtitle D—Miscellaneous authority of the Secretary, the Secretary (1) IN GENERAL.—Section 48A(f)(1) of such SEC. 24ll. COMPLIANCE WITH BLM PERMIT- Code is amended by striking ‘‘generation TING. shall use to carry out this section $2,000,000 technology if—’’ and all that follows through (a) IN GENERAL.—Notwithstanding any for each of fiscal years 2020 through 2025.’’. ‘‘the unit is designed’’ and inserting ‘‘genera- other provision of law but subject to any (2) CLERICAL AMENDMENT.—The table of tion technology if the unit is designed’’. State requirements, a Bureau of Land Man- contents for the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 601) (as amended (2) CONFORMING AMENDMENTS.—Section agement drilling permit shall not be re- 48A(f) of such Code is amended— quired under the Federal Oil and Gas Roy- by subsection (a)(2)) is amended by inserting (A) by striking all that precedes ‘‘the pur- alty Management Act of 1982 (30 U.S.C. 1701 after the item relating to section 1107 the pose of this section’’ and inserting the fol- et seq.) or section 3164.1 of title 43, Code of following: ‘‘Sec. 1108. Veterans in wind energy.’’. lowing: Federal Regulations (or a successor regula- (c) STUDY AND REPORT ON WIND TECHNICIAN ‘‘(f) ADVANCED COAL-BASED GENERATION tion), for an action occurring within an oil WORKFORCE.— TECHNOLOGY.—For’’, and gas drilling or spacing unit if— (B) by striking ‘‘in subparagraph (B)’’ in (1) less than 50 percent of the minerals (1) IN GENERAL.—The Secretary shall con- the second sentence of paragraph (1) and in- within the oil and gas drilling or spacing vene a task force comprised of 1 or more rep- serting ‘‘in this subsection’’, and unit are minerals owned by the Federal Gov- resentatives of each of the stakeholders de- (C) by striking paragraphs (2) and (3). ernment; and scribed in paragraph (2) that shall— (d) PERFORMANCE REQUIREMENTS IN CASE OF (2) the Federal Government does not own (A) conduct a study to assess the needs of BEST AVAILABLE CONTROL TECHNOLOGY.—Sec- or lease the surface estate within the bound- wind technicians in the workforce; tion 48A(f) of such Code, as amended by this aries of the oil and gas drilling or spacing (B) create a comprehensive list that— Act, is amended by adding at the end the fol- unit. (i) lists each type of wind technician posi- lowing: ‘‘In the case of a retrofit of a unit (b) EFFECT.—Nothing in this Act affects tion available in the United States; and which has undergone a best available control the right of the Federal Government to re- (ii) describes the skill sets required for technology analysis after August 8, 2005, ceive royalties due to the Federal Govern- each type of position listed under clause (i); with respect to the removal or emissions of ment from the production of the Federal and (C) not later than 1 year after the date of any pollutant which is SO2 or NOx, the re- minerals within the oil and gas drilling or moval or emissions design level with respect spacing unit. enactment of this Act, make publicly avail- to such pollutant shall be the level deter- able and submit to Congress a report that— mined in such analysis.’’. SA 1419. Ms. ERNST (for herself and (i) describes the results of that study; (e) CLARIFICATION OF REALLOCATION AU- Mr. KING) submitted an amendment in- (ii) includes the comprehensive list de- THORITY.—Section 48A(d)(4) of the Internal tended to be proposed by her to the bill scribed in subparagraph (B); and Revenue Code of 1986 is amended— S. 2657, to support innovation in ad- (iii) provides recommendations— (I) for creating a credentialing program (1) in subparagraph (A)— vanced geothermal research and devel- (A) by striking ‘‘Not later than 6 years that may be administered by community after the date of enactment of this section, opment, and for other purposes; which colleges, technical schools, and other train- the’’ and inserting ‘‘The’’, and was ordered to lie on the table; as fol- ing institutions; and (B) by inserting ‘‘and every 6 months lows: (II) that reflect best practices for wind thereafter until all credits available under At the end of subtitle C of title II, add the technician training programs, as identified this section have been allowed’’ after ‘‘the following: by representatives of the wind industry. date which is 6 years after the date of enact- SEC. 23ll. WIND ENERGY WORKFORCE DEVEL- (2) STAKEHOLDERS DESCRIBED.—The stake- ment of this section’’, OPMENT. holders referred to in paragraph (1) are— (2) in subparagraph (B)— (a) WIND TECHNICIAN TRAINING GRANT PRO- (A) the Department of Defense; (A) by striking ‘‘may reallocate credits GRAM.— (B) the Department of Education; available under clauses (i) and (ii) of para- (1) IN GENERAL.—Title XI of the Energy (C) the Department of Energy; graph (3)(B)’’ and inserting ‘‘shall reallocate Policy Act of 2005 (42 U.S.C. 16411 et seq.) is (D) the Department of Labor; credits remaining available under paragraph amended by adding at the end the following: (E) the Department of Veterans Affairs; (3)’’, ‘‘SEC. 1107. WIND TECHNICIAN TRAINING GRANT (F) technical schools and community col- (B) by striking ‘‘or’’ at the end of clause PROGRAM. leges that have wind technician training pro- (i), and ‘‘(a) DEFINITION OF ELIGIBLE ENTITY.—In grams; and (C) by striking clause (ii) and inserting the this section, the term ‘eligible entity’ means (G) the wind industry. following: a community college or technical school (3) FUNDING.—Of the amounts made avail- ‘‘(ii) any applicant for certification which that offers a wind training program. able to the Secretary for administrative ex- submitted an accepted application has subse- ‘‘(b) GRANT PROGRAM.—The Secretary shall penses to carry out other programs under the quently failed to satisfy the requirements establish a program under which the Sec- authority of the Secretary, the Secretary under paragraph (2)(D), or retary shall award grants, on a competitive shall use to carry out this subsection ‘‘(iii) any certification made pursuant to basis, to eligible entities to purchase large $500,000. paragraph (2) has been revoked pursuant to pieces of wind component equipment (such paragraph (2)(E).’’, and as nacelles, towers, and blades) for use in SA 1420. Mr. THUNE submitted an (3) in subparagraph (C)— training wind technician students. amendment intended to be proposed by (A) by striking ‘‘clause (i) or (ii) of para- ‘‘(c) FUNDING.—Of the amounts made avail- him to the bill S. 2657, to support inno- graph (3)(B)’’ and inserting ‘‘paragraph (3)’’, able to the Secretary for administrative ex- vation in advanced geothermal re- (B) by striking ‘‘is authorized to’’ and in- penses to carry out other programs under the search and development, and for other serting ‘‘shall’’, and authority of the Secretary, the Secretary purposes; which was ordered to lie on (C) by striking ‘‘an additional program’’ shall use to carry out this section $2,000,000 and inserting ‘‘additional programs’’. for each of fiscal years 2020 through 2025.’’. the table; as follows: (f) EFFECTIVE DATE.— (2) CLERICAL AMENDMENT.—The table of At the appropriate place, insert the fol- (1) IN GENERAL.—Except as provided in contents for the Energy Policy Act of 2005 lowing: paragraph (2), the amendments made by this (Public Law 109–58; 119 Stat. 601) is amended SEC. ll. RURAL DEVELOPMENT LOANS AND section shall apply to allocations and re- by inserting after the item relating to sec- GRANTS. allocations after the date of the enactment tion 1106 the following: (a) IN GENERAL.—Not later than 180 days of this Act. ‘‘Sec. 1107. Wind technician training grant after the date of enactment of this Act, the (2) REALLOCATION.—The amendments made program.’’. Secretary of Agriculture (referred to in this by subsection (e) shall apply to credits re- (b) VETERANS IN WIND ENERGY.— section as the ‘‘Secretary’’) shall initiate a

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On page 16, lines 19 and 20, strike ‘‘and en- into collateral assignment agreements with On page 11, before line 1, insert the fol- ergy retrofitting projects’’ and insert ‘‘en- intermediaries for the purposes of permit- lowing: ergy retrofitting, and zero-emissions vehicle ting rural utilities to participate in the rural (4) ZERO-EMISSIONS VEHICLE.—The term and zero-emissions vehicle infrastructure development loan and grant program estab- ‘‘zero-emissions vehicle’’ means— projects’’. lished under section 313B of the Rural Elec- (A) a zero-emission vehicle, as defined in On page 176, line 4, strike ‘‘and’’. trification Act of 1936 (7 U.S.C. 940c–2) with- section 88.102–94 of title 40, Code of Federal On page 176, line 5, strike the period and out providing an irrevocable letter of credit. Regulations (or successor regulations); and insert ‘‘; and’’. (b) REQUIREMENTS.—In the rulemaking (B) a vehicle that produces zero exhaust On page 176, between lines 5 and 6, insert under subsection (a), the Secretary shall— emissions of any criteria pollutant (or pre- the following: (1) establish alternatives to irrevocable cursor pollutant) or greenhouse gas under (ee) transportation sector electrification. On page 179, line 19, strike ‘‘and’’. letters of credit that do not subject the De- any possible operational mode or condition. On page 179, line 21, strike the period and (5) ZERO-EMISSIONS VEHICLE INFRASTRUC- partment of Agriculture to increased cost or insert ‘‘; and’’. financial risk; and TURE.—The term ‘‘zero-emissions vehicle in- On page 179, between lines 21 and 22, insert (2) provide that bonds, the assignment of a frastructure’’ means infrastructure used to the following: mortgage of an intermediary, or the assign- charge or fuel a zero-emissions vehicle. (dd) technologies used for transportation ment of collateral shall be acceptable collat- Beginning on page 12, strike line 21 and all sector electrification. eral mechanisms. that follows through page 13, line 18, and in- On page 189, line 17, strike the period and sert the following: insert ‘‘, including by electrifying the trans- SA 1421. Mr. THUNE submitted an (a) DEFINITIONS.—In this section: portation sector, including through electric amendment intended to be proposed by (1) SCHOOL.—The term ‘‘school’’ means— vehicle charging.’’. him to the bill S. 2657, to support inno- (A) an elementary school or secondary On page 333, line 13, insert ‘‘, including school (as defined in section 8101 of the Ele- through the use of zero-emissions vehicles vation in advanced geothermal re- mentary and Secondary Education Act of search and development, and for other (as defined in section 1002(a) of the American 1965 (20 U.S.C. 7801)); Energy Innovation Act of 2020)’’ before the purposes; which was ordered to lie on (B) an institution of higher education (as semicolon. the table; as follows: defined in section 102(a) of the Higher Edu- On page 361, line 11, insert ‘‘, including en- At the end of subtitle H of title I, insert cation Act of 1965 (20 U.S.C. 1002(a))); ergy storage to enable renewable energy gen- the following: (C) a school of the defense dependents’ edu- eration,’’ after ‘‘infrastructure’’. SEC. 18ll. TRIBAL HYDROELECTRIC LOAN cation system under the Defense Dependents’ On page 372, line 15, insert ‘‘, including en- GUARANTEE PROGRAM. Education Act of 1978 (20 U.S.C. 921 et seq.) ergy storage and renewable energy genera- Section 2602(c) of the Energy Policy Act of or established under section 2164 of title 10, tion’’ before the semicolon. 1992 (25 U.S.C. 3502(c)) is amended by adding United States Code; On page 513, line 5, strike ‘‘and’’. On page 513, line 7, strike the period and at the end the following: (D) a school operated by the Bureau of In- dian Education; insert ‘‘; and’’. ‘‘(8) TRIBAL HYDROELECTRIC LOAN GUAR- On page 513, between lines 7 and 8, insert ANTEE PROGRAM.— (E) a tribally controlled school (as defined in section 5212 of the Tribally Controlled the following: ‘‘(A) IN GENERAL.—As part of the loan guar- (IV) the zero-emissions vehicle and zero- antee program under this subsection, the Schools Act of 1988 (25 U.S.C. 2511)); and (F) a Tribal College or University (as de- emissions vehicle infrastructure (as those Secretary of Energy shall provide loan guar- terms are defined in section 1002(a)) sectors. antees to support Tribal investment in fined in section 316(b) of the Higher Edu- cation Act of 1965 (20 U.S.C. 1059c(b))). small-scale hydroelectric power generation, SA 1424. Ms. CORTEZ MASTO sub- with a focus on whirlpool turbines and other (2) ZERO-EMISSIONS VEHICLE; ZERO-EMIS- SIONS VEHICLE INFRASTRUCTURE.—The terms mitted an amendment intended to be run-of-river technologies. proposed by her to the bill S. 2657, to ‘‘(B) FUNDS.—Of the amounts made avail- ‘‘zero-emissions vehicle’’ and ‘‘zero-emis- able to carry out this subsection, not less sions vehicle infrastructure’’ have the mean- support innovation in advanced geo- than $20,000,000 shall be used to carry out ing given those terms in section 1002(a). thermal research and development, and subparagraph (A).’’. On page 14, line 1, strike ‘‘and energy ret- for other purposes; which was ordered rofitting projects’’ and insert ‘‘energy retro- to lie on the table; as follows: SA 1422. Ms. CORTEZ MASTO sub- fitting, and zero-emissions vehicle and zero- emissions vehicle infrastructure projects’’. At the end of subtitle G of title I, add the mitted an amendment intended to be On page 14, lines 16 and 17, strike ‘‘and en- following: proposed by her to the bill S. 2657, to ergy retrofitting projects’’ and insert ‘‘en- SEC. 1711. GREEN SPACES, GREEN VEHICLES INI- support innovation in advanced geo- ergy retrofitting, and zero-emissions vehicle TIATIVE. (a) DEFINITIONS.—In this section: thermal research and development, and and zero-emissions vehicle infrastructure (1) APPROPRIATE COMMITTEES OF CON- for other purposes; which was ordered projects’’. GRESS.—The term ‘‘appropriate committees to lie on the table; as follows: On page 14, line 23, strike ‘‘and energy ret- rofitting projects’’ and insert ‘‘energy retro- of Congress’’ means— On page 101, line 11, insert ‘‘National Acad- fitting, and zero-emissions vehicle and zero- (A) the Committee on Energy and Com- emy of Sciences, the’’ before ‘‘National Lab- emissions vehicle infrastructure projects’’. merce of the House of Representatives; oratories’’. On page 15, lines 11 and 12, strike ‘‘and en- (B) the Committee on Natural Resources of On page 101, line 13, insert a comma after ergy retrofitting projects’’ and insert ‘‘en- the House of Representatives; ‘‘(42 U.S.C. 15801))’’. ergy retrofitting, and zero-emissions vehicle (C) the Committee on Appropriations of On page 101, line 23, strike ‘‘for’’ and insert and zero-emissions vehicle infrastructure the House of Representatives; ‘‘and renewable energy use in’’. projects’’. (D) the Committee on Energy and Natural On page 103, line 13, strike ‘‘and’’. On page 15, between lines 17 and 18, insert Resources of the Senate; and On page 103, between lines 13 and 14, insert the following: (E) the Committee on Appropriations of the following: (C) to install zero-emissions vehicle infra- the Senate. (E) an evaluation, and recommendations structure on school grounds for— (2) COVERED LAND.—The term ‘‘covered for improvement, of data center power usage (i) exclusive use of school buses, school land’’ means— effectiveness, average temperature, average fleets, or students; or (A) National Forest System land; humidity, renewable energy use, renewable (ii) the general public; (B) National Park System land; and energy storage, and data center uptime; and (D) to purchase or lease zero-emissions ve- (C) any land owned by a unit of local gov- On page 103, line 14, strike ‘‘(E)’’ and insert hicles, including school buses, fleet vehicles, ernment or Indian Tribe (as defined in sec- ‘‘(F)’’. and other operational vehicles; tion 4 of the Indian Self-Determination and On page 15, line 18, strike ‘‘(C)’’ and insert Education Assistance Act (25 U.S.C. 5304))— SA 1423. Ms. CORTEZ MASTO sub- ‘‘(E)’’. (i) that is located not more than 25 miles mitted an amendment intended to be On page 15, line 22, strike ‘‘(D)’’ and insert from land described in subparagraph (A) or proposed by her to the bill S. 2657, to ‘‘(F)’’. (B); and support innovation in advanced geo- On page 16, lines 1 and 2, strike ‘‘and en- (ii) with respect to which the Secretary or thermal research and development, and ergy retrofit projects’’ and insert ‘‘energy an appropriate agency head has entered into retrofitting, and zero-emissions vehicle and an agreement with the owner of the land for for other purposes; which was ordered zero-emissions vehicle infrastructure the installation of zero-emissions vehicle in- to lie on the table; as follows: projects’’. frastructure on the land, after making a de- On page 10, line 2, strike ‘‘and’’. On page 16, lines 14 and 15, strike ‘‘and en- termination that the infrastructure to be in- On page 10, line 7, strike the period and in- ergy retrofitting projects’’ and insert ‘‘en- stalled under the agreement is related to sert ‘‘; and’’. ergy retrofitting, and zero-emissions vehicle providing zero-emissions vehicles with ac- On page 10, between lines 7 and 8, insert and zero-emissions vehicle infrastructure cess to land described in subparagraph (A) or the following: projects’’. (B).

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(3) SECRETARY.—The term ‘‘Secretary’’ (5) FUNDING.— (2) the amount of Federal funds expended means the Secretary, acting through the As- (A) AUTHORIZATION OF APPROPRIATIONS.— to carry out each duty under subsection sistant Secretary for Energy Efficiency and There is authorized to be appropriated to (b)(2); Renewable Energy. carry out this subsection $50,000,000 for each (3) any allocation of costs or benefits be- (4) ZERO-EMISSIONS VEHICLE INFRASTRUC- fiscal year. tween the Federal Government and private TURE.—The term ‘‘zero-emissions vehicle in- (B) LIMITATIONS ON USE OF FUNDS.— or nonprofit entities under an agreement en- frastructure’’ means infrastructure used to (i) FEDERAL FLEETS.—Not more than 20 per- tered into by the Secretary, the Secretary of charge or fuel a zero-emissions vehicle. cent of any funds appropriated to carry out the Interior, or the Secretary of Agriculture, (5) ZERO-EMISSIONS VEHICLE.—The term this subsection may be used to acquire zero- as applicable, under subsection (b)(2)(A); ‘‘zero-emissions vehicle’’ means— emissions vehicles under paragraph (2)(B). (4) the justifications for the expenditure of (A) a zero-emission vehicle (as defined in (ii) URBANIZED AREAS.—Not more than 30 funds to carry out subsection (b) during the section 88.102–94 of title 40, Code of Federal percent of any funds appropriated to carry period covered by the report, including, with Regulations (or successor regulations)); or out this subsection may be used to acquire, respect to any zero-emissions vehicle infra- (B) a vehicle that produces zero exhaust install, or operate zero-emissions vehicle in- structure installed during the period covered emissions of any criteria pollutant (or pre- frastructure in an urbanized area (as des- by the report, an analysis of each of the con- cursor pollutant) or greenhouse gas under ignated by the Bureau of the Census). siderations under subsection (b)(3); any possible operational modes or condi- (iii) ADMINISTRATIVE COSTS.—Not more (5) if applicable, any challenges in acquir- tions. than 2 percent of any funds appropriated to ing the necessary workforce to install, oper- (b) ESTABLISHMENT OF GREEN SPACES, carry out this subsection may be used for ad- ate, or maintain— GREEN VEHICLES INITIATIVE.— ministrative costs. (A) any zero-emissions vehicle infrastruc- (1) IN GENERAL.—The Secretary shall col- (c) AGREEMENTS FOR SHUTTLE OR OTHER ture acquired, installed, or operated, or laborate with the Secretary of the Interior TRANSPORTATION SERVICES ON NATIONAL FOR- planned to be acquired, installed, or oper- and the Secretary of Agriculture on an ini- EST SYSTEM LAND AND NATIONAL PARK SYS- ated, under subsection (b)(2)(A); and tiative, to be known as the ‘‘Green Spaces, TEM LAND.—In entering into an agreement (B) any zero-emissions vehicles acquired Green Vehicles Initiative’’, to facilitate the with an entity to provide shuttle or other for the fleet of the Forest Service or the Na- installation and use of zero-emissions vehi- transportation services on or to covered tional Park Service under subsection cle infrastructure on covered land. land, the Secretary of the Interior and the (b)(2)(B); (2) DUTIES.—The Secretary, the Secretary Secretary of Agriculture, as applicable, shall (6) with respect to each agreement for of the Interior, and the Secretary of Agri- give priority consideration to an entity that shuttle or other transportation services on culture shall, consistent with any laws, would provide the applicable services using or to covered land entered into by the Sec- rules, general management plans, land and zero-emissions vehicles. retary of the Interior or the Secretary of Ag- resource management plans, or other orga- (d) ALTERNATIVE FUEL USE BY LIGHT DUTY riculture during the period covered by the nizing documents applicable to the applica- FEDERAL VEHICLES.—Section 400AA(a) of the report, how the Secretary of the Interior or ble covered land, facilitate the installation Energy Policy and Conservation Act (42 the Secretary of Agriculture, as applicable, and use of zero-emissions vehicle infrastruc- U.S.C. 6374(a)) is amended by adding at the complied with the requirements of sub- ture on covered land— end the following: section (c); (A) by entering into agreements with pub- ‘‘(5) For purposes of making a determina- (7) the strategy developed under paragraph lic, private, or nonprofit entities for the ac- tion under paragraph (1) as to whether the (6)(A) of section 400AA(a) of the Energy Pol- quisition, installation, and operation, includ- acquisition of alternative fueled vehicles is icy and Conservation Act (42 U.S.C. 6374(a)) ing use-fee processing and collection, on cov- practicable for the fleet of the Forest Serv- (including any updates to the strategy under ered land of publicly accessible zero-emis- ice or the National Park Service, the Sec- paragraph (6)(B) of that section); and sions vehicle infrastructure that is directly retary, in cooperation with the Secretary of (8) any recommendations of the Secretary related to the charging or fueling of a vehi- Agriculture or the Secretary of the Interior, with respect to any additional funding or au- cle in accordance with this section; as applicable, shall take into account the thority needed to carry out paragraph (6) of (B) by acquiring, in coordination with the availability on National Forest System land section 400AA(a) of the Energy Policy and Administrator of General Services, zero- or National Park System land, as applicable, Conservation Act (42 U.S.C. 6374(a)). emissions vehicles, including shuttle vehi- of zero-emissions vehicle infrastructure (as cles, for the fleets of the Forest Service and defined in section 1711(a) of the American SA 1425. Ms. CORTEZ MASTO sub- the National Park Service; Energy Innovation Act of 2020) acquired and mitted an amendment intended to be (C) by providing information to the public, installed under section 1711(b) of the Amer- proposed by her to the bill S. 2657, to including by publishing a map on any rel- ican Energy Innovation Act of 2020. support innovation in advanced geo- evant agency website, regarding the avail- ‘‘(6)(A) Notwithstanding any other provi- ability of existing and planned zero-emis- sion of law, the Secretary, in cooperation thermal research and development, and sions vehicle infrastructure on covered land; with the Secretary of Agriculture or the Sec- for other purposes; which was ordered and retary of the Interior, as applicable, shall de- to lie on the table; as follows: (D) by allowing for the use of charging in- velop a strategy to, by 2030, increase the At the appropriate place, insert the fol- frastructure by employees of the Forest number of zero-emissions vehicles (as defined lowing: Service and the National Park Service to in section 1711(a) of the American Energy In- SEC. llll. ELECTRIC VEHICLE WORKING charge vehicles used by the employees in novation Act of 2020) in the fleet and shuttle GROUP. commuting to or from work. operations of each of the Forest Service and (a) ESTABLISHMENT OF WORKING GROUP.— (3) CONSIDERATIONS.—In determining the the National Park Service to the greater of— (1) IN GENERAL.—Not later than 240 days location for zero-emissions vehicle infra- ‘‘(i) a number that is equal to 125 percent after the date of enactment of this Act, the structure acquired and installed on covered of the number of zero-emissions vehicles in Secretary of Transportation and the Sec- land under paragraph (2), the Secretary and the fleet and shuttle operations of each agen- retary of Energy (referred to in this section the Secretary of the Interior or the Sec- cy on the date of enactment of this para- as the ‘‘Secretaries’’) shall jointly establish retary of Agriculture, as applicable, shall graph; and a working group (referred to in this section consider whether a proposed location ‘‘(ii) a number that is equal to 25 percent of as the ‘‘working group’’) to make rec- would— all vehicles in the fleet and shuttle oper- ommendations on the development, adop- (A) complement, to the extent feasible, al- ations of each agency. tion, and integration of light and heavy duty ternative fueling corridor networks estab- ‘‘(B) The strategy developed under sub- electric vehicles into the transportation and lished under section 151 of title 23, United paragraph (A) shall be updated not less fre- energy systems of the United States. States Code; quently than once every 2 years.’’. (2) MEMBERSHIP.— (B) meet current or anticipated market de- (e) REPORT.—Not later than 2 years after (A) IN GENERAL.—The working group shall mands for charging or fueling infrastructure; the date of enactment of this Act, and bien- be composed of— (C) enable or accelerate the construction of nially thereafter, the Secretary, the Sec- (i) the Secretaries (or designees), who shall charging or fueling infrastructure that retary of the Interior, and the Secretary of be co-chairs of the working group; and would be unlikely to be completed without Agriculture shall submit to the appropriate (ii) not more than 25 members to be ap- Federal assistance; committees of Congress a report that de- pointed by the Secretaries, of whom— (D) support the use of zero-emissions vehi- scribes— (I) not more than 6 shall be Federal stake- cles by Federal fleets and visitors to Federal (1) the location of— holders as described in subparagraph (B); and facilities; and (A) any zero-emissions vehicle infrastruc- (II) not more than 19 shall be non-Federal (E) support the electric grid through smart ture acquired, installed, or operated, or stakeholders as described in subparagraph charging, battery storage, renewable genera- planned to be acquired, installed, or oper- (C). tion capacity, or microgrids. ated, under subsection (b)(2)(A); and (B) FEDERAL STAKEHOLDERS.—The working (4) LOCATION OF INFRASTRUCTURE.—Any (B) any zero-emissions vehicles acquired group— zero-emissions vehicle infrastructure ac- for the fleet of the Forest Service or the Na- (i) shall include not less than 1 representa- quired, installed, or operated under para- tional Park Service under subsection tive of each of— graph (2) shall be located on covered land. (b)(2)(B); (I) the Department of Transportation;

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00139 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.059 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1412 CONGRESSIONAL RECORD — SENATE March 3, 2020 (II) the Department of Energy; (V) business models for charging electric (B) for the second report, not later than 2 (III) the Environmental Protection Agen- vehicles outside the home, including wired years after the date on which the first report cy; and wireless charging; is required to be submitted under subpara- (IV) the Council on Environmental Qual- (VI) charging infrastructure permitting graph (A); and ity; and and regulatory issues; (C) for the third report, not later than 2 (V) the General Services Administration; (VII) the connections between housing and years after the date on which the second re- and transportation costs and emissions; port is required to be submitted under sub- (ii) may include a representative of any (VIII) freight transportation, including paragraph (B). other Federal agency the Secretaries con- local, port and drayage, regional, and long- (3) INFORMATION.— sider to be appropriate. haul trucking; (A) IN GENERAL.—The Secretaries may (C) NON-FEDERAL STAKEHOLDERS.—The (IX) intercity passenger travel; enter into an agreement with the Transpor- working group— (X) the need or potential for model build- tation Research Board of the National Acad- (i) shall include not less than 1 representa- ing codes for charging infrastructure; emies of Sciences, Engineering, and Medicine tive of each of— (XI) the process by which governments col- to provide, track, or report data, informa- (I) a manufacturer of electric vehicles or lect a user fee for the contribution of electric tion, or research to assist the Secretaries in the relevant components of electric vehicles; vehicles to funding roadway improvements carrying out paragraph (1). (II) an owner, operator, or manufacturer of and potential investments in charging infra- (B) USE OF EXISTING INFORMATION.—In de- electric vehicle charging equipment; structure; veloping the report and strategy under para- graph (1), the Secretaries and the working (III) the public utility industry; (XII) State and local level policies, incen- group shall consider existing Federal, State, (IV) a public utility regulator or associa- tives, and zoning efforts; local, private sector, and academic data and tion of public utility regulators; (XIII) the installation of highway corridor information relating to electric vehicles and, (V) the transportation fueling distribution signage; to the maximum extent practicable, coordi- industry; (XIV) cybersecurity of charging infrastruc- nate with the entities that publish that in- ture; (VI) the energy provider industry; formation— (VII) the automotive dealing industry; (XV) secondary markets and recycling for (i) to prevent duplication of efforts by the (VIII) the passenger transportation indus- batteries; Federal Government; and try; (XVI) grid integration; (ii) to leverage existing information and (IX) an organization representing a unit of (XVII) energy storage; and complementary efforts. local government; (XVIII) specific regional or local issues (c) ELECTRIC VEHICLE RESOURCE GUIDE.— (X) a regional transportation or planning that— (1) IN GENERAL.—The Secretaries shall elec- agency; (aa) are associated with— tronically publish and update a resource (XI) an organization representing State de- (AA) the issues described in subclauses (I) guide to provide information to increase partments of transportation; through (XVII); or knowledge about electric vehicles and nec- (XII) an organization representing State (BB) urban or rural environments; and essary charging infrastructure for con- departments of energy or State energy plan- (bb) may not appear nationwide, but ham- sumers, State, local, and Tribal governments ners; per a nationwide adoption or coordination of (including transit agencies or authorities, (XIII) an expert in intelligent transpor- electric vehicles; public tolling authorities, metropolitan tation systems and technologies; (ii) examples of successful public and pri- planning organizations, public utility com- (XIV) organized labor; vate models and demonstration projects that missions, and public service companies), and (XV) the trucking industry; encourage electric vehicle adoption; and businesses that sell motor vehicles. (XVI) Tribal governments; and (iii) an analysis of current efforts to over- (2) INCLUSIONS.—A resource guide under (XVII) the property development industry; come the barriers described in clause (i); and paragraph (1) shall include— and (B) a strategy that describes how the Fed- (A) information on— (ii) may include a representative of any eral Government, States, units of local gov- (i) the general characteristics of electric other non-Federal stakeholder that the Sec- ernment, and industry can— vehicles (including passenger vehicles, elec- retaries consider to be appropriate. (i) set quantitative targets for transpor- tric vehicles for public transportation, (3) MEETINGS.— tation electrification; school buses, and electric vehicles for com- (A) IN GENERAL.—The working group shall (ii) overcome the barriers described in sub- mercial use); and meet not less frequently than once every 120 paragraph (A)(i); (ii) the types of charging solutions avail- days. (iii) identify areas of opportunity in re- able to consumers, including, to the max- search and development to improve battery (B) REMOTE PARTICIPATION.—A member of imum extent practicable, a digitally acces- the working group may participate in a manufacturing, mineral mining, recycling sible compilation of existing mapping of pub- meeting of the working group via teleconfer- costs, material recovery, and battery per- licly available charging stations in the ence or similar means. formance for electric vehicles; United States; (iv) enhance Federal interagency coordina- (B) information on electrifying business (4) COORDINATION.—In carrying out the du- ties of the working group, the working group tion to promote electric vehicle adoption; and government vehicle fleets; shall coordinate and consult with any exist- (v) promote electric vehicle knowledge and (C) information on Federal grant programs ing Federal interagency working groups on expertise within State and local govern- available to State and local governments for fleet conversion or other similar matters re- ments; the purchase of electric vehicles for public lated to electric vehicles. (vi) prepare the workforce for the adoption transportation; of electric vehicles, including through col- (D) a description of current financial and (b) JOINT REPORT AND STRATEGY ON ELEC- laboration with labor unions, colleges and nonfinancial incentives for electric vehicles; TRIC VEHICLE ADOPTION, OPPORTUNITIES, AND other educational institutions, and relevant and CHALLENGES.— manufacturers; (E) any other information that— (1) IN GENERAL.—The Secretaries, in con- (vii) expand electric vehicle and charging (i) a representative of industry or State or sultation with the working group, shall sub- infrastructure— local government requests to be included; mit to Congress by each of the deadlines de- (I) knowledge and use among Federal, and scribed in paragraph (2)— State, and local governments, school dis- (ii) the working group recommends and de- (A) a report on the status of electric vehi- tricts, and private entities; and termines to be appropriate. cle adoption and opportunities for and chal- (II) adoption among the fleets of the enti- (3) USE OF EXISTING GUIDES.—In publishing lenges to expanding adoption of electric ve- ties described in subclause (I); and maintaining the resource guide under hicles, including— (viii) expand knowledge of the benefits of paragraph (1), the Secretaries and the work- (i) a description of the barriers and oppor- electric vehicles among the general public; ing group shall consider existing Federal, tunities to scaling up electric vehicle adop- (ix) maintain the global competitiveness of State, local, private sector, and academic tion nationwide, with recommendations for the United States in the electric vehicle and guides relating to electric vehicles and, to issues relating to— charging infrastructure markets; the maximum extent practicable, coordinate (I) consumer behavior; (x) provide clarity in regulations to im- with the entities publishing those guides— (II) charging infrastructure needs, includ- prove national uniformity with respect to (A) to prevent duplication of efforts by the ing standardization; electric vehicles; and Federal Government; and (III) manufacturing and battery costs, in- (xi) ensure the sustainable integration of (B) to leverage existing information and cluding the raw material shortages for bat- electric vehicles into the national electric complementary efforts. teries and electric motor magnets; grid. (4) RESOURCE GUIDE OUTREACH.—The Secre- (IV) the adoption of electric vehicles for (2) DEADLINES.—A joint report and strategy taries, in consultation with the working low- and moderate-income individuals and under paragraph (1) shall be submitted by— group, shall conduct outreach to consumers, underserved communities, including charg- (A) for the first report, not later than 18 State, local, and Tribal governments (includ- ing infrastructure access and vehicle pur- months after the date on which the working ing transit agencies or authorities, public chase financing; group is established under subsection (a)(1); tolling authorities, metropolitan planning

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00140 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.060 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1413 organizations, public utility commissions, (B) designed to maximize the use of— ‘‘(i) all aspects of the generation, trans- and public service companies), and busi- (i) energy-generation facilities owned or mission, and distribution of electricity, nesses that sell motor vehicles through the operated by isolated communities; or whether interstate or intrastate; and websites of the Department of Transpor- (ii) municipal energy-generation facilities. ‘‘(ii) the supply chain of equipment and tation and the Department of Energy, social (2) GRANTS TO OVERCOME BARRIERS.—The software used in the generation, trans- media, and other methods— Secretary shall award grants of not more mission, and distribution of electricity. (A) to provide the resource guide under than $500,000 to not fewer than 10 municipal ‘‘(C) EMPLOYEE.—The term ‘employee’ paragraph (1) to interested stakeholders, in- governments or isolated communities each means an individual who is an employee, cluding relevant consumer groups and trans- year to assist those municipal governments former employee, contractor, subcontractor, portation-related organizations; and isolated communities in overcoming the grantee, or agent of an employer. (B) to promote the use of electric vehicles barriers identified in the report under para- ‘‘(D) EMPLOYER.— in both government and industry fleets; and graph (1). ‘‘(i) IN GENERAL.—The term ‘employer’ (C) to educate individuals involved in the means an individual or entity in the public sale of motor vehicles about the benefits of SA 1427. Mr. THUNE submitted an or private sector, including any Federal, electric vehicles. amendment intended to be proposed to State, or local government agency, that em- (5) SUBSEQUENT RESOURCE GUIDES.—Not less amendment SA 1407 submitted by Ms. ploys or retains the services of an individual frequently than every 2 years for the dura- who has access to— tion of the working group, the working MURKOWSKI and intended to be pro- ‘‘(I) critical electric infrastructure infor- group shall publish an update to the resource posed to the bill S. 2657, to support in- mation or other information relating to crit- guide under paragraph (1), as appropriate novation in advanced geothermal re- ical electric infrastructure; or based on technological innovation and subse- search and development, and for other ‘‘(II) other information relating to the reli- quent information. purposes; which was ordered to lie on ability, resilience, or security of the electric (6) ACCESSIBILITY.—The Secretaries shall the table; as follows: grid. each maintain the resource guide under ‘‘(ii) INCLUSIONS.—The term ‘employer’ in- At the appropriate place in subtitle H of paragraph (1) on a designated website, which cludes an officer, employee, contractor, sub- title I, insert the following: may be an existing website, of each Sec- contractor, grantee, or agent of an indi- retary relating to electric vehicles. SEC. 180l. SENSE OF SENATE REGARDING FED- vidual or entity described in clause (i). ERAL POWER MARKETING ADMINIS- (d) COORDINATION.—To the maximum ex- ‘‘(2) WHISTLEBLOWER PROTECTION FOR EM- TRATIONS. tent practicable, the Secretaries and the PLOYEES.—No employer may discharge, de- It is the sense of the Senate that— working group shall carry out this section mote, suspend, threaten, blacklist, breach (1) Federal electric transmission assets using all available existing resources, confidentiality, harass, or in any other man- websites, and databases of Federal agencies, under the authority of the Southeastern ner discriminate against an employee with such as the Alternative Fuels Data Center, Power Administration, the Southwestern regard to the compensation, terms, condi- the Energy Efficient Mobility Systems pro- Power Administration, the Western Area tions, or privileges of employment (including gram, and the Clean Cities Coalition Net- Power Administration, and the Bonneville through an act in the ordinary course of the work. Power Administration (referred to in this duties of the employee) because the em- (e) FUNDING.—The Secretaries shall carry section as the ‘‘Federal power marketing ad- ployee or an individual associated with, or out this section using existing funds made ministrations’’) should not be sold; acting pursuant to a request of, the em- available to the Secretaries and not other- (2) the sale of Federal power marketing ad- ployee— wise obligated, of which— ministration assets would result in utility ‘‘(A) provided or caused to be provided in- (1) 50 percent shall be from funds made rate increases for consumers; formation that the employee or individual available to the Secretary of Transportation; (3) unobligated balances managed by the associated with, or acting pursuant to the and Federal power marketing administrations request of, the employee reasonably believed (2) 50 percent shall be from funds made are a necessary financial resource that en- to evidence a violation of any provision of available to the Secretary of Energy. able the Federal power marketing adminis- Federal or State law (including regulations) (f) TERMINATION.—The working group shall trations to meet operation and maintenance relating to fire safety or the protection or terminate on the date on which the third re- needs and applicable purchase power and security of electric infrastructure (including port under subsection (b) is submitted. wheeling requirements; critical electric infrastructure), critical elec- (4) funds appropriated to the Federal power SA 1426. Mr. CASEY submitted an tric infrastructure information, or other in- marketing administrations are repaid by formation relating to the reliability, resil- amendment intended to be proposed by customers of the Federal power marketing ience, or security of the electric grid, includ- him to the bill S. 2657, to support inno- administrations; and ing a reliability standard, such as a Critical vation in advanced geothermal re- (5) the Congressional Budget Office should Infrastructure Protection standard, if that search and development, and for other not score purchase power and wheeling ac- information is provided to— purposes; which was ordered to lie on tivities carried out by the Federal power ‘‘(i) the Commission; the table; as follows: marketing administrations. ‘‘(ii) the Electric Reliability Organization; In section 2212(a), strike paragraph (1) and ‘‘(iii) a regional entity; insert the following: SA 1428. Mr. GRASSLEY (for himself ‘‘(iv) a Regional Transmission Organiza- (1) HYBRID MICRO-GRID SYSTEM.—The term and Mr. MARKEY) submitted an amend- tion; ‘‘hybrid micro-grid system’’ means a micro- ment intended to be proposed to ‘‘(v) an Independent System Operator; grid system that— amendment SA 1407 submitted by Ms. ‘‘(vi) the Secretary; ‘‘(vii) the Secretary of Homeland Security; (A) comprises generation from both con- MURKOWSKI and intended to be pro- ventional and renewable energy resources; ‘‘(viii) the Attorney General; posed to the bill S. 2657, to support in- ‘‘(ix) Congress; and novation in advanced geothermal re- (B) may use grid-scale energy storage. ‘‘(x) a State regulatory authority or State In section 2212(a), strike paragraph (3) and search and development, and for other inspector general; insert the following: purposes; which was ordered to lie on ‘‘(xi) an individual with supervisory au- (3) MICRO-GRID SYSTEM.—The term ‘‘micro- the table; as follows: thority over the employee, including in com- grid system’’ means a localized grid that op- At the end of part I of subtitle B of title II, munications that are part of the job duties erates autonomously, regardless of whether add the following: of the employee; or ‘‘(xii) any other individual working for the the grid can operate in connection with an- SEC. 220ll. WHISTLEBLOWER PROTECTION FOR other grid. EMPLOYEES RESPONSIBLE FOR EN- employer who the employee or associated or In section 2212, add at the end the fol- SURING THE RELIABILITY, RESIL- requested individual reasonably believes has lowing: IENCE, AND SECURITY OF THE ELEC- the authority— (e) MUNICIPAL MICRO-GRID SYSTEMS.— TRIC GRID. ‘‘(I) to investigate, discover, or terminate (1) REPORT.—Not later than 270 days after Section 215A of the Federal Power Act (16 the misconduct; or the date of enactment of this Act, the Sec- U.S.C. 824o–1) is amended by adding at the ‘‘(II) to take any other action to address retary shall submit to the Committee on En- end the following: the misconduct; ergy and Natural Resources of the Senate ‘‘(g) WHISTLEBLOWER PROTECTION.— ‘‘(B) assisted in an investigation regarding and the Committee on Energy and Commerce ‘‘(1) DEFINITIONS.—In this subsection: the violation of any provision of Federal or of the House of Representatives a report on ‘‘(A) ELECTRIC RELIABILITY ORGANIZATION; State law described in subparagraph (A) if the benefits of, and barriers to, imple- REGIONAL ENTITY; RELIABILITY STANDARD.— that assistance is provided to an individual menting resilient micro-grid systems that The terms ‘Electric Reliability Organiza- or entity described in clauses (i) through are— tion’, ‘regional entity’, and ‘reliability (xii) of that subparagraph; (A)(i) owned or operated by isolated com- standard’ have the meanings given the terms ‘‘(C) has filed or caused to be filed, or plans munities or municipal governments; or in section 215(a). imminently (with the knowledge of the em- (ii) operated on behalf of municipal govern- ‘‘(B) ELECTRIC GRID.—The term ‘electric ployer) to file or cause to be filed, a pro- ments; and grid’ means— ceeding relating to any violation or alleged

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00141 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.060 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1414 CONGRESSIONAL RECORD — SENATE March 3, 2020 violation of any provision of Federal or tion shall be considered to be a reference to paragraph (4), by inserting ‘‘and’’ after the State law (including regulations) described behavior described in subparagraphs (A) comma at the end of paragraph (5), and by in subparagraph (A); or through (D) of paragraph (2) of this sub- adding at the end the following new para- ‘‘(D) testified, participated, or otherwise section; and graph: assisted in an administrative or judicial ac- ‘‘(bb) any reference to a ‘violation of sub- ‘‘(6) the qualified battery storage tech- tion taken by the Commission, an Electric section (a)’ contained in that section shall be nology expenditures,’’. Reliability Organization, a regional entity, a considered to be a reference to a violation of (b) QUALIFIED BATTERY STORAGE TECH- State regulatory authority, or a State in- paragraph (2) of this section. NOLOGY EXPENDITURE.—Subsection (d) of sec- spector general relating to an alleged viola- ‘‘(iii) STATUTE OF LIMITATIONS.—An action tion 25D of the Internal Revenue Code of 1986 tion of any provision of Federal or State law under this subparagraph shall be commenced is amended by adding at the end the fol- (including rules and regulations) relating to by not later than 180 days after the date on lowing new paragraph: the protection, security, reliability, or resil- which— ‘‘(6) QUALIFIED BATTERY STORAGE TECH- ience of electric infrastructure (including ‘‘(I) the alleged violation occurs; or NOLOGY EXPENDITURE.—The term ‘qualified critical electric infrastructure), critical elec- ‘‘(II) the applicable employee became battery storage technology expenditure’ tric infrastructure information, or other in- aware of the violation. means an expenditure for battery storage formation relating to the reliability, resil- ‘‘(iv) JURY TRIAL.—A party to an action technology which— ience, or security of the electric grid, includ- under this subparagraph shall be entitled to ‘‘(A) is installed on or in connection with a ing a reliability standard, such as a Critical trial by jury. dwelling unit located in the United States Infrastructure Protection standard. ‘‘(4) NONENFORCEABILITY OF CERTAIN PROVI- and used as a residence by the taxpayer, and ‘‘(3) ENFORCEMENT ACTIONS.— SIONS WAIVING RIGHTS AND REMEDIES OR RE- ‘‘(B) has a capacity of not less than 3 kilo- ‘‘(A) IN GENERAL.—An individual who al- QUIRING ARBITRATION OF DISPUTES.— watt hours.’’. leges discharge or another violation of para- ‘‘(A) WAIVER OF RIGHTS AND REMEDIES.— (c) EFFECTIVE DATE.—The amendments graph (2) by any person may seek relief by The rights and remedies provided under this made by this section shall apply to expendi- filing a complaint with the Secretary of subsection may not be waived by any agree- tures paid or incurred in taxable years begin- Labor by not later than 180 days after the ment, policy, form, or condition of employ- ning after December 31, 2019. date on which the alleged violation occurs. ment, including by a predispute arbitration Ms. CANTWELL submitted ‘‘(B) PROCEDURES.—An action under sub- agreement. SA 1430. paragraph (A) shall be governed under the ‘‘(B) PREDISPUTE ARBITRATION AGREE- an amendment intended to be proposed rules and procedures described in section MENTS.—No predispute arbitration agree- to amendment SA 1407 submitted by 42121(b) of title 49, United States Code, ex- ment shall be valid or enforceable if the Ms. MURKOWSKI and intended to be pro- cept that— agreement requires arbitration of a dispute posed to the bill S. 2657, to support in- ‘‘(i) the notification required under para- arising under this subsection.’’. novation in advanced geothermal re- graph (1) of that section shall be made to the search and development, and for other person named in the complaint and to the SA 1429. Mr. HEINRICH (for himself employer; and purposes; which was ordered to lie on and Mr. GARDNER) submitted an ‘‘(ii) with respect to the legal burdens of the table; as follows: proof described in that section— amendment intended to be proposed to At the end of subtitle H of title I, add the ‘‘(I) each reference to ‘behavior described amendment SA 1407 submitted by Ms. following: in paragraphs (1) through (4) of subsection MURKOWSKI and intended to be pro- SEC. 18lll. METHANE LEAK DETECTION AND (a)’ contained in paragraph (2)(B) of that sec- posed to the bill S. 2657, to support in- MITIGATION. tion shall be considered to be a reference to novation in advanced geothermal re- (a) IN GENERAL.—Subtitle F of title IX of behavior described in subparagraphs (A) search and development, and for other the Energy Policy Act of 2005 (42 U.S.C. 16291 through (D) of paragraph (2) of this sub- purposes; which was ordered to lie on et seq.) (as amended by section 1405(a)) is section; and amended by adding at the end the following: the table; as follows: ‘‘(II) any reference to a ‘violation of sub- ‘‘SEC. 969B. METHANE LEAK DETECTION AND section (a)’ contained in that section shall be At the end, add the following: MITIGATION. considered to be a reference to a violation of TITLE IV—AMENDMENTS TO THE ‘‘(a) IN GENERAL.—The Secretary, in con- paragraph (2) of this section. INTERNAL REVENUE CODE OF 1986 sultation with the Administrator of the En- ‘‘(C) ACTION BY SECRETARY.— SEC. 4001. ENERGY CREDIT FOR ENERGY STOR- vironmental Protection Agency and the ‘‘(i) DEADLINE.—The Secretary of Labor AGE TECHNOLOGIES. heads of other appropriate Federal agencies, shall act on a complaint filed under subpara- (a) IN GENERAL.—Subclause (II) of section shall carry out a program of methane leak graph (A) by the date that is 180 days after 48(a)(2)(A)(i) of the Internal Revenue Code of detection and mitigation research, develop- the date on which the complaint is filed. 1986 is amended by striking ‘‘paragraph ment, demonstration, and commercial appli- ‘‘(ii) FAILURE TO ACT.—If the Secretary of (3)(A)(i)’’ and inserting ‘‘clause (i) or (viii) of cation for technologies and methods that Labor fails to act on a complaint filed by an paragraph (3)(A)’’. significantly reduce methane emissions (re- individual who alleges discharge or another (b) ENERGY STORAGE TECHNOLOGIES.—Sub- ferred to in this section as the ‘program’). violation of paragraph (2), absent a sufficient paragraph (A) of section 48(a)(3) of the Inter- ‘‘(b) REQUIREMENTS.—In carrying out the demonstration that the failure to act is due nal Revenue Code of 1986 is amended by program, the Secretary shall— to the bad faith of the individual, the indi- striking ‘‘or’’ at the end of clause (vi), by ‘‘(1) develop cooperative agreements with vidual who alleged the violation may file an adding ‘‘or’’ at the end of clause (vii), and by State or local governments or private enti- action at law or equity for de novo review in adding at the end the following new clause: ties to provide technical assistance— a Federal district court of competent juris- ‘‘(viii) equipment which receives, stores, ‘‘(A) to prevent or respond to methane diction, in accordance with subparagraph and delivers energy using batteries, com- leaks, including detection, mitigation, and (D). pressed air, pumped hydropower, hydrogen identification of methane leaks throughout ‘‘(D) ACTIONS FOR DE NOVO REVIEW.— storage (including hydrolysis), thermal en- the natural gas infrastructure (including ‘‘(i) JURISDICTION.—The jurisdiction of a ergy storage, regenerative fuel cells, natural gas storage, pipelines, and natural Federal district court over an action filed flywheels, capacitors, superconducting gas production sites); and under subparagraph (C)(ii) shall be deter- magnets, or other technologies identified by ‘‘(B) to protect public health in the event mined without regard to the amount in con- the Secretary in consultation with the Sec- of a major methane leak; troversy. retary of Energy, and which has a capacity ‘‘(2) promote demonstration and adoption ‘‘(ii) PROCEDURE.— of not less than 5 kilowatt hours,’’. of effective methane emissions reduction ‘‘(I) IN GENERAL.—An action under this sub- (c) PHASEOUT OF CREDIT.—Paragraph (6) of technologies in the private sector; paragraph shall be governed under the rules section 48(a) of the Internal Revenue Code of ‘‘(3) in coordination with representatives and procedures described in section 42121(b) 1986 is amended— from private industry, State and local gov- of title 49, United States Code, except that (1) by striking ‘‘ENERGY’’ in the heading ernments, and institutions of higher edu- the notification required under paragraph (1) and inserting ‘‘AND ENERGY STORAGE’’; and cation, create a publicly accessible resource of that section shall be made to— (2) by striking ‘‘paragraph (3)(A)(i)’’ both for best practices in the design, construc- ‘‘(aa) the person named in the complaint; places it appears and inserting ‘‘clause (i) or tion, maintenance, performance, monitoring, and (viii) of paragraph (3)(A)’’. and incident response for— ‘‘(bb) the employer. (d) EFFECTIVE DATE.—The amendments ‘‘(A) pipeline systems; ‘‘(II) BURDENS OF PROOF.—An action under made by this section shall apply to property ‘‘(B) wells; this subparagraph shall be governed by the placed in service after December 31, 2019. ‘‘(C) compressor stations; legal burdens of proof described in section SEC. 4002. RESIDENTIAL ENERGY EFFICIENT ‘‘(D) storage facilities; and 42121(b) of title 49, United States Code, ex- PROPERTY CREDIT FOR BATTERY ‘‘(E) other vulnerable infrastructure; cept that— STORAGE TECHNOLOGY. ‘‘(4) identify high-risk characteristics of ‘‘(aa) each reference to ‘behavior described (a) IN GENERAL.—Subsection (a) of section pipelines, wells, and materials, geologic risk in paragraphs (1) through (4) of subsection 25D of the Internal Revenue Code of 1986 is factors, or other key factors that increase (a)’ contained in paragraph (2)(B) of that sec- amended by striking ‘‘and’’ at the end of the likelihood of methane leaks; and

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00142 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.061 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1415 ‘‘(5) in collaboration with private entities At the end, add the following: for actions taken to prepare for and mitigate and institutions of higher education, quan- TITLE IV—MISCELLANEOUS substantial threats from the discharge of tify and map significant geologic methane oil.’’. SEC. 4001. PROHIBITION OF OIL AND GAS LEAS- seeps across the United States. ING IN CERTAIN AREAS OF THE ‘‘(c) CONSIDERATIONS.—In carrying out the OUTER CONTINENTAL SHELF. SA 1436. Mr. MENENDEZ submitted program, the Secretary shall consider— Section 8 of the Outer Continental Shelf an amendment intended to be proposed ‘‘(1) historical data relating to methane Lands Act (43 U.S.C. 1337) is amended by add- to amendment SA 1407 submitted by leaks; ing at the end the following: Ms. MURKOWSKI and intended to be pro- ‘‘(2) public health consequences; ‘‘(q) PROHIBITION OF OIL AND GAS LEASING posed to the bill S. 2657, to support in- ‘‘(3) public safety; IN CERTAIN AREAS OF THE OUTER CONTI- ‘‘(4) novel materials and designs for pipe- novation in advanced geothermal re- NENTAL SHELF.—Notwithstanding any other lines, compressor stations, components, and search and development, and for other provision of this section or any other law, purposes; which was ordered to lie on wells (including casing, cement, and the Secretary of the Interior shall not issue wellheads); a lease or any other authorization for the ex- the table; as follows: ‘‘(5) regional geologic traits; and ploration, development, or production of oil, At the appropriate place, insert the fol- ‘‘(6) induced and natural seismicity. natural gas, or any other mineral in— lowing: ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) the Mid-Atlantic planning area; TITLE l—CLOSING BIG OIL TAX There are authorized to be appropriated to ‘‘(2) the South Atlantic planning area; LOOPHOLES the Secretary to carry out this section— ‘‘(3) the North Atlantic planning area; or l ‘‘(1) $22,000,000 for fiscal year 2021; SEC. 01. SHORT TITLE. ‘‘(4) the Straits of Florida planning area.’’. This title may be cited as the ‘‘Close Big ‘‘(2) $24,000,000 for fiscal year 2022; Oil Tax Loopholes Act’’. ‘‘(3) $26,000,000 for fiscal year 2023; SA 1434. Mr. MENENDEZ submitted ‘‘(4) $28,000,000 for fiscal year 2024; and Subtitle A—Close Big Oil Tax Loopholes ‘‘(5) $30,000,000 for fiscal year 2025.’’. an amendment intended to be proposed SEC. l11. MODIFICATIONS OF FOREIGN TAX (b) TECHNICAL AMENDMENT.—The table of to amendment SA 1407 submitted by CREDIT RULES APPLICABLE TO contents for the Energy Policy Act of 2005 Ms. MURKOWSKI and intended to be pro- MAJOR INTEGRATED OIL COMPA- (Public Law 109–58; 119 Stat. 600) (as amended posed to the bill S. 2657, to support in- NIES WHICH ARE DUAL CAPACITY TAXPAYERS. by section 1405(b)) is amended by adding at novation in advanced geothermal re- (a) IN GENERAL.—Section 901 of the Inter- the end of the items relating to subtitle F of search and development, and for other nal Revenue Code of 1986 is amended by re- title IX the following: purposes; which was ordered to lie on designating subsection (n) as subsection (o) ‘‘Sec. 969B. Methane leak detection and the table; as follows: and by inserting after subsection (m) the fol- mitigation.’’. At the end, add the following: lowing new subsection: ‘‘(n) SPECIAL RULES RELATING TO MAJOR IN- TITLE IV—MISCELLANEOUS SA 1431. Ms. CANTWELL submitted TEGRATED OIL COMPANIES WHICH ARE DUAL an amendment intended to be proposed SEC. 4001. REMOVAL OF LIMITS ON LIABILITY CAPACITY TAXPAYERS.— to amendment SA 1407 submitted by FOR OFFSHORE FACILITIES. ‘‘(1) GENERAL RULE.—Notwithstanding any Ms. MURKOWSKI and intended to be pro- Section 1004(a)(3) of the Oil Pollution Act other provision of this chapter, any amount posed to the bill S. 2657, to support in- of 1990 (33 U.S.C. 2704(a)(3)) is amended by paid or accrued by a dual capacity taxpayer striking ‘‘plus $75,000,000’’ and inserting ‘‘and which is a major integrated oil company novation in advanced geothermal re- the liability of the responsible party under search and development, and for other (within the meaning of section 167(h)(5)) to a section 1002’’. foreign country or possession of the United purposes; which was ordered to lie on States for any period shall not be considered the table; as follows: SA 1435. Mr. MENENDEZ submitted a tax— On page 409, line 25, strike ‘‘and’’. an amendment intended to be proposed ‘‘(A) if, for such period, the foreign country On page 410, line 3, strike ‘‘and’’; and’’ and to amendment SA 1407 submitted by or possession does not impose a generally ap- insert ‘‘and’’. Ms. MURKOWSKI and intended to be pro- plicable income tax, or On page 410, between lines 3 and 4, insert posed to the bill S. 2657, to support in- ‘‘(B) to the extent such amount exceeds the the following: novation in advanced geothermal re- amount (determined in accordance with reg- ‘‘(v) provide transformative solutions to ulations) which— improve the management, clean-up, and dis- search and development, and for other ‘‘(i) is paid by such dual capacity taxpayer posal of radioactive waste and spent nuclear purposes; which was ordered to lie on pursuant to the generally applicable income fuel; and’’; and the table; as follows: tax imposed by the country or possession, or At the end, add the following: ‘‘(ii) would be paid if the generally applica- SA 1432. Ms. CANTWELL submitted TITLE IV—OIL SPILL LIABILITY ble income tax imposed by the country or an amendment intended to be proposed possession were applicable to such dual ca- to amendment SA 1407 submitted by SEC. 4001. OIL SPILL LIABILITY TRUST FUND. pacity taxpayer. (a) LIMITATIONS ON EXPENDITURES AND AU- Ms. MURKOWSKI and intended to be pro- Nothing in this paragraph shall be construed THORITY TO BORROW.—Section 9509 of the In- to imply the proper treatment of any such posed to the bill S. 2657, to support in- ternal Revenue Code of 1986 is amended— novation in advanced geothermal re- amount not in excess of the amount deter- (1) in subsection (c)— mined under subparagraph (B). search and development, and for other (A) by striking paragraph (2); ‘‘(2) DUAL CAPACITY TAXPAYER.—For pur- purposes; which was ordered to lie on (B) by striking ‘‘EXPENDITURES’’ and all poses of this subsection, the term ‘dual ca- the table; as follows: that follows through ‘‘Amounts in’’ and in- pacity taxpayer’ means, with respect to any At the appropriate place, insert the fol- serting ‘‘EXPENDITURES.—Amounts in’’; and foreign country or possession of the United lowing: (C) by redesignating subparagraphs (A) States, a person who— SEC. lll. COUNCIL ON ENVIRONMENTAL QUAL- through (F) as paragraphs (1) through (6), re- ‘‘(A) is subject to a levy of such country or ITY. spectively, and indenting appropriately; possession, and Notwithstanding any other provision of (2) in subsection (d)— ‘‘(B) receives (or will receive) directly or law, before January 1, 2023, the Council on (A) by striking paragraph (2); indirectly a specific economic benefit (as de- Environmental Quality shall not promulgate (B) by redesignating paragraph (3) as para- termined in accordance with regulations) any amendment to regulations in effect on graph (2); and from such country or possession. the date of enactment of this Act that re- (C) in paragraph (2), as so redesignated— ‘‘(3) GENERALLY APPLICABLE INCOME TAX.— duces— (i) by striking subparagraph (B); and For purposes of this subsection— (1) opportunities for public participation; (ii) by redesignating subparagraph (C) as ‘‘(A) IN GENERAL.—The term ‘generally ap- or subparagraph (B); and plicable income tax’ means an income tax (2) public notice requirements. (3) in subsection (e)(3)— (or a series of income taxes) which is gen- (A) by striking ‘‘(or is unable by reason of erally imposed under the laws of a foreign SA 1433. Mr. MENENDEZ submitted subsection (c)(2))’’; and country or possession on income derived an amendment intended to be proposed (B) by striking ‘‘and such subsection’’. from the conduct of a trade or business with- to amendment SA 1407 submitted by SEC. 4002. ADVANCE PAYMENTS. in such country or possession. Ms. MURKOWSKI and intended to be pro- Section 1012 of the Oil Pollution Act of 1990 ‘‘(B) EXCEPTIONS.—Such term shall not in- posed to the bill S. 2657, to support in- (33 U.S.C. 2712) is amended by adding at the clude a tax unless it has substantial applica- end the following: tion, by its terms and in practice, to— novation in advanced geothermal re- ‘‘(m) ADVANCE PAYMENTS.—The President ‘‘(i) persons who are not dual capacity tax- search and development, and for other shall promulgate regulations that allow ad- payers, and purposes; which was ordered to lie on vance payments to be made from the Fund to ‘‘(ii) persons who are citizens or residents the table; as follows: States and political subdivisions of States of the foreign country or possession.’’.

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00143 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.061 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1416 CONGRESSIONAL RECORD — SENATE March 3, 2020 (b) EFFECTIVE DATE.— ‘‘(2) AMORTIZATION OF AMOUNTS NOT ALLOW- VAN HOLLEN) submitted an amendment (1) IN GENERAL.—The amendments made by ABLE AS DEDUCTIONS UNDER PARAGRAPH (1).— intended to be proposed to amendment this section shall apply to taxes paid or ac- The amount not allowable as a deduction for SA 1407 submitted by Ms. MURKOWSKI crued in taxable years beginning after the any taxable year by reason of paragraph (1) and intended to be proposed to the bill date of the enactment of this Act. shall be allowable as a deduction ratably (2) CONTRARY TREATY OBLIGATIONS over the 60-month period beginning with the S. 2657, to support innovation in ad- UPHELD.—The amendments made by this sec- month in which the costs are paid or in- vanced geothermal research and devel- tion shall not apply to the extent contrary curred.’’. opment, and for other purposes; which to any treaty obligation of the United (b) EFFECTIVE DATE.—The amendment was ordered to lie on the table; as fol- States. made by this section shall apply to amounts lows: SEC. l12. LIMITATION ON DEDUCTION FOR IN- paid or incurred in taxable years beginning At the end of title II, add the following: TANGIBLE DRILLING AND DEVELOP- after December 31, 2020. Subtitle D—Federal Energy Regulatory MENT COSTS; AMORTIZATION OF l SEC. 16. MODIFICATION OF DEFINITION OF Commission DISALLOWED AMOUNTS. MAJOR INTEGRATED OIL COMPANY. (a) IN GENERAL.—Section 263(c) of the In- (a) IN GENERAL.—Paragraph (5) of section SEC. 24ll. RATES. ternal Revenue Code of 1986 is amended to 167(h) of the Internal Revenue Code of 1986 is Section 205 of the Federal Power Act (16 read as follows: amended by adding at the end the following U.S.C. 824d) is amended by adding at the end ‘‘(c) INTANGIBLE DRILLING AND DEVELOP- new subparagraph: the following: MENT COSTS IN THE CASE OF OIL AND GAS ‘‘(C) CERTAIN SUCCESSORS IN INTEREST.—For ‘‘(h) STATE ENVIRONMENTAL POLICIES.— WELLS AND GEOTHERMAL WELLS.— purposes of this paragraph, the term ‘major ‘‘(1) DEFINITION OF COVERED STATE PUBLIC ‘‘(1) IN GENERAL.—Notwithstanding sub- integrated oil company’ includes any suc- POLICY RESOURCE.—In this subsection, the section (a), and except as provided in sub- cessor in interest of a company that was de- term ‘covered State public policy resource’ section (i), regulations shall be prescribed by scribed in subparagraph (B) in any taxable means a resource that is procured through, the Secretary under this subtitle cor- year, if such successor controls more than 50 or supported by, State environmental poli- responding to the regulations which granted percent of the crude oil production or nat- cies. the option to deduct as expenses intangible ural gas production of such company.’’. ‘‘(2) RATE APPROVAL AND DETERMINA- drilling and development costs in the case of (b) CONFORMING AMENDMENTS.— TIONS.—The Commission shall not approve a oil and gas wells and which were recognized (1) IN GENERAL.—Subparagraph (B) of sec- rate under this part or otherwise determine and approved by the Congress in House Con- tion 167(h)(5) of the Internal Revenue Code of that a rate is just and reasonable or is not current Resolution 50, Seventy-ninth Con- 1986 is amended by inserting ‘‘except as pro- unduly discriminatory or preferential if, gress. Such regulations shall also grant the vided in subparagraph (C),’’ after ‘‘For pur- through the adoption of a minimum offer option to deduct as expenses intangible drill- poses of this paragraph,’’. price rule or other market mechanism re- ing and development costs in the case of (2) TAXABLE YEARS TESTED.—Clause (iii) of quiring a covered State public policy re- wells drilled for any geothermal deposit (as section 167(h)(5)(B) of such Code is amend- source to bid into a market or auction at an defined in section 613(e)(2)) to the same ex- ed— amount above the actual going forward costs tent and in the same manner as such ex- (A) by striking ‘‘does not apply by reason of the resource, the rate prevents a covered penses are deductible in the case of oil and of paragraph (4) of section 613A(d)’’ and in- State public policy resource from being able gas wells. This subsection shall not apply serting ‘‘did not apply by reason of para- to clear in a capacity auction or an energy with respect to any costs to which any de- graph (4) of section 613A(d) for any taxable market auction.’’. duction is allowed under section 59(e) or 291. year after 2004’’, and ‘‘(2) EXCLUSION.— (B) by striking ‘‘does not apply’’ in sub- SA 1438. Mrs. GILLIBRAND (for her- ‘‘(A) IN GENERAL.—This subsection shall clause (II) and inserting ‘‘did not apply for self and Mr. SCHUMER) submitted an not apply to amounts paid or incurred by a the taxable year’’. amendment intended to be proposed to taxpayer in any taxable year in which such (c) EFFECTIVE DATE.—The amendments amendment SA 1407 submitted by Ms. taxpayer is a major integrated oil company made by this section shall apply to taxable MURKOWSKI and intended to be pro- (within the meaning of section 167(h)(5)). years beginning after December 31, 2020. ‘‘(B) AMORTIZATION OF AMOUNTS NOT ALLOW- posed to the bill S. 2657, to support in- Subtitle B—Outer Continental Shelf Oil and ABLE AS DEDUCTIONS UNDER SUBPARAGRAPH novation in advanced geothermal re- Natural Gas (A).—The amount not allowable as a deduc- search and development, and for other tion for any taxable year by reason of sub- SEC. l21. REPEAL OF OUTER CONTINENTAL purposes; which was ordered to lie on paragraph (A) shall be allowable as a deduc- SHELF DEEP WATER AND DEEP GAS the table; as follows: tion ratably over the 60-month period begin- ROYALTY RELIEF. At the end of subtitle E of title I, add the ning with the month in which the costs are (a) IN GENERAL.—Sections 344 and 345 of following: paid or incurred. For purposes of section the Energy Policy Act of 2005 (42 U.S.C. 15904, 1254, any deduction under this subparagraph 15905) are repealed. SEC. 15ll. NUCLEAR LICENSE TRANSFERS. shall be treated as a deduction under this (b) ADMINISTRATION.—The Secretary of the Section 103 of the Atomic Energy Act of subsection.’’. Interior shall not be required to provide for 1954 (42 U.S.C. 2133) is amended— (b) EFFECTIVE DATE.—The amendment royalty relief in the lease sale terms begin- (1) in subsection d., in the second sentence, made by this section shall apply to amounts ning with the first lease sale held on or after by striking ‘‘any any’’ and inserting ‘‘any’’; paid or incurred in taxable years beginning the date of enactment of this Act for which (2) by redesignating subsection f. as sub- after December 31, 2020. a final notice of sale has not been published. section e.; and SEC. l13. LIMITATION ON PERCENTAGE DEPLE- Subtitle C—Miscellaneous (3) by adding at the end the following: ‘‘f. PUBLIC HEARING ON LICENSE TRANS- TION ALLOWANCE FOR OIL AND GAS SEC. l31. DEFICIT REDUCTION. FERS.— WELLS. The net amount of any savings realized as (a) IN GENERAL.—Section 613A of the Inter- ‘‘(1) DEFINITIONS.—In this subsection, the a result of the enactment of this title and nal Revenue Code of 1986 is amended by add- term ‘applicable license’ includes— the amendments made by this title (after ing at the end the following new subsection: ‘‘(A) a provisional operating license; any expenditures authorized by this title and ‘‘(f) APPLICATION WITH RESPECT TO MAJOR ‘‘(B) a facility operating license; the amendments made by this title) shall be INTEGRATED OIL COMPANIES.—In the case of ‘‘(C) a general license for independent deposited in the Treasury and used for Fed- any taxable year in which the taxpayer is a spent fuel storage installation; and eral budget deficit reduction or, if there is no major integrated oil company (within the ‘‘(D) any other license covering— Federal budget deficit, for reducing the Fed- meaning of section 167(h)(5)), the allowance ‘‘(i) the operation or decommissioning of a eral debt in such manner as the Secretary of for percentage depletion shall be zero.’’. commercially-owned nuclear power plant; or the Treasury considers appropriate. (b) EFFECTIVE DATE.—The amendment ‘‘(ii) the storage of waste at an operating made by this section shall apply to taxable SEC. l32. BUDGETARY EFFECTS. or decommissioned commercially-owned nu- years beginning after December 31, 2020. The budgetary effects of this title, for the clear power plant. SEC. l15. LIMITATION ON DEDUCTION FOR TER- purpose of complying with the Statutory ‘‘(2) PUBLIC HEARING REQUIRED.—If a re- TIARY INJECTANTS. Pay-As-You-Go Act of 2010, shall be deter- quest for a hearing or a petition for leave to (a) IN GENERAL.—Section 193 of the Inter- mined by reference to the latest statement intervene is timely filed by a State, a polit- nal Revenue Code of 1986 is amended by add- titled ‘‘Budgetary Effects of PAYGO Legisla- ical subdivision of a State, or any other ing at the end the following new subsection: tion’’ for this title, submitted for printing in party with an interest that may be affected ‘‘(d) APPLICATION WITH RESPECT TO MAJOR the Congressional Record by the Chairman of by a proposed transfer of an applicable li- INTEGRATED OIL COMPANIES.— the Senate Budget Committee, provided that cense (including an applicable license issued ‘‘(1) IN GENERAL.—This section shall not such statement has been submitted prior to under this section, section 104 b., or any apply to amounts paid or incurred by a tax- the vote on passage. other applicable law), the Commission shall payer in any taxable year in which such tax- not take any action to approve the transfer payer is a major integrated oil company SA 1437. Mr. BOOKER (for himself, of the applicable license or the transfer of (within the meaning of section 167(h)(5)). Mr. WHITEHOUSE, Mr. CASEY, and Mr. any authority to conduct licensed activities

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00144 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.062 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1417 before holding a public hearing on the pro- updates to the International Fire Code, ‘‘(2) any other standards as may be adopted posed transfer.’’. through a notice published in the Federal by the Secretary, including any relevant up- Register.’’; and dates to the International Fire Code, SA 1439. Mr. SCOTT of South Caro- (2) in section 8 (42 U.S.C. 1437f)— through a notice published in the Federal lina (for himself and Mr. MENENDEZ) (A) by inserting after subsection (i) the fol- Register.’’. submitted an amendment intended to lowing: (f) RURAL HOUSING.—Title V of the Housing be proposed to amendment SA 1407 sub- ‘‘(j) CARBON MONOXIDE ALARMS.—Each Act of 1949 (42 U.S.C. 1471 et seq.) is amend- owner of a dwelling unit receiving project- ed— mitted by Ms. MURKOWSKI and intended based assistance under this section shall en- (1) in section 514 (42 U.S.C. 1484), by adding to be proposed to the bill S. 2657, to sure that carbon monoxide alarms or detec- at the end the following: support innovation in advanced geo- tors are installed in the dwelling unit in a ‘‘(j) Housing and related facilities con- thermal research and development, and manner that meets or exceeds— structed with loans under this section shall for other purposes; which was ordered ‘‘(1) the standards described in chapters 9 contain installed carbon monoxide alarms or to lie on the table; as follows: and 11 of the 2018 publication of the Inter- detectors that meet or exceed— national Fire Code, as published by the ‘‘(1) the standards described in chapters 9 At the appropriate place, insert the fol- International Code Council; or and 11 of the 2018 publication of the Inter- lowing: ‘‘(2) any other standards as may be adopted national Fire Code, as published by the SEC. ll. CARBON MONOXIDE ALARMS OR DE- by the Secretary, including any relevant up- International Code Council; or TECTORS IN FEDERALLY ASSISTED ‘‘(2) any other standards as may be adopted HOUSING. dates to the International Fire Code, through a notice published in the Federal by the Secretary, in collaboration with the (a) FINDINGS.—Congress finds that— Register.’’; and Secretary of Housing and Urban Develop- (1) carbon monoxide alarms are not re- (B) in subsection (o), by adding at the end ment, including any relevant updates to the quired by federally assisted housing pro- the following: International Fire Code, through a notice grams, when not required by State or local ‘‘(21) CARBON MONOXIDE ALARMS.—Each published in the Federal Register.’’; and codes; dwelling unit receiving tenant-based assist- (2) in section 515 (42 U.S.C. 1485)— (2) numerous federally assisted housing ance or project-based assistance under this (A) in subsection (m), by inserting ‘‘(1)’’ be- residents have lost their lives due to carbon subsection shall have carbon monoxide fore ‘‘The Secretary shall establish’’; and monoxide poisoning; alarms or detectors installed in the dwelling (B) by adding at the end the following: (3) the effects of carbon monoxide poi- unit in a manner that meets or exceeds— ‘‘(2) Housing and related facilities rehabili- soning occur immediately and can result in ‘‘(A) the standards described in chapters 9 tated or repaired with amounts received death in a matter of minutes; and 11 of the 2018 publication of the Inter- under a loan made or insured under this sec- (4) carbon monoxide exposure can cause national Fire Code, as published by the tion shall contain installed carbon monoxide permanent brain damage, life-threatening International Code Council; or alarms or detectors that meet or exceed— cardiac complications, fetal death or mis- ‘‘(B) any other standards as may be adopt- ‘‘(A) the standards described in chapters 9 carriage, and death, among other harmful ed by the Secretary, including any relevant and 11 of the 2018 publication of the Inter- health conditions; updates to the International Fire Code, national Fire Code, as published by the (5) carbon monoxide poisoning is especially through a notice published in the Federal International Code Council; or dangerous for unborn babies, children, elder- Register.’’. ‘‘(B) any other standards as may be adopt- ly individuals, and individuals with cardio- (c) SUPPORTIVE HOUSING FOR THE ELDER- ed by the Secretary, in collaboration with vascular disease, among others with chronic LY.—Section 202(j) of the Housing Act of 1959 the Secretary of Housing and Urban Develop- health conditions; (12 U.S.C. 1701q(j)) is amended by adding at ment, including any relevant updates to the (6) the majority of the 4,600,000 families re- the end the following: International Fire Code, through a notice ceiving Federal housing assistance are fami- ‘‘(9) CARBON MONOXIDE ALARMS.—Each published in the Federal Register.’’. lies with young children, elderly individuals, owner of a dwelling unit assisted under this (g) GUIDANCE.—The Secretary of Housing or individuals with disabilities, making section shall ensure that carbon monoxide and Urban Development shall provide guid- them especially vulnerable to carbon mon- alarms or detectors are installed in the ance to public housing agencies (as defined oxide poisoning; dwelling unit in a manner that meets or ex- in section 3(b)(6) of the United States Hous- (7) more than 400 people die and 50,000 addi- ceeds— ing Act of 1937 (42 U.S.C. 1437a(b)(6)) on how tional people visit the emergency room an- ‘‘(A) the standards described in chapters 9 to educate tenants on health hazards in the nually as a result of carbon monoxide poi- and 11 of the 2018 publication of the Inter- home, including to carbon monoxide poi- soning; national Fire Code, as published by the soning, lead poisoning, asthma induced by (8) carbon monoxide poisoning is entirely International Code Council; or housing-related allergens, and other housing- preventable and early detection is possible ‘‘(B) any other standards as may be adopt- related preventable outcomes, to help ad- with the use of carbon monoxide alarms; ed by the Secretary, including any relevant vance primary prevention and prevent future (9) the Centers for Disease Control and Pre- updates to the International Fire Code, deaths and other harms. (h) EFFECTIVE DATE.—The amendments vention warns that carbon monoxide poi- through a notice published in the Federal made by this section shall take effect on the soning is entirely preventable and rec- Register.’’. ommends the installation of carbon mon- (d) SUPPORTIVE HOUSING FOR PERSONS WITH date that is 2 years after the date of enact- oxide alarms; DISABILITIES.—Section 811(j) of the Cranston- ment of this Act. (i) NO PREEMPTION.—Nothing in the amend- (10) the Office of Lead Hazard Control and Gonzalez National Affordable Housing Act ments made by this section shall be con- Healthy Homes of the Department of Hous- (42 U.S.C. 8013(j)) is amended by adding at strued to preempt or limit the applicability ing and Urban Development recommends the the end the following: of any State or local law relating to the in- installation of carbon monoxide alarms as a ‘‘(7) CARBON MONOXIDE ALARMS.—Each stallation and maintenance of carbon mon- best practice to keep families and individ- dwelling unit assisted under this section oxide alarms or detectors in housing that re- uals safe and to protect health; and shall contain installed carbon monoxide quires standards that are more stringent (11) in order to safeguard the health and alarms or detectors that meet or exceed— than the standards described in the amend- well-being of tenants in federally assisted ‘‘(A) the standards described in chapters 9 ments made by this section. housing, the Federal Government should and 11 of the 2018 publication of the Inter- consider best practices for primary preven- (j) STUDY.—The Secretary of Housing and national Fire Code, as published by the Urban Development, in consultation with tion of carbon monoxide-related incidents. International Code Council; or (b) PUBLIC HOUSING AND TENANT- AND the Consumer Product Safety Commission, ‘‘(B) any other standards as may be adopt- shall conduct a study and issue a publicly PROJECT-BASED ASSISTANCE.—The United ed by the Secretary, including any relevant available report on requiring carbon mon- States Housing Act of 1937 (42 U.S.C. 1437 et updates to the International Fire Code, seq.) is amended— oxide alarms or detectors in federally as- through a notice published in the Federal sisted housing that is not covered in the (1) in section 3(a) (42 U.S.C. 1437a(a)), by Register.’’. adding at the end the following: amendments made by this section. (e) HOUSING OPPORTUNITIES FOR PERSONS (k) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(8) CARBON MONOXIDE ALARMS.—Each pub- WITH AIDS.—Section 856 of the Cranston- There is authorized to be appropriated such lic housing agency shall ensure that carbon Gonzalez National Affordable Housing Act sums as may be necessary to carry out this monoxide alarms or detectors are installed (42 U.S.C. 12905) is amended by adding at the Act and the amendments made by this Act. in each dwelling unit in public housing end the following new subsection: owned or operated by the public housing ‘‘(i) CARBON MONOXIDE ALARMS.—Each SA 1440. Mr. ENZI submitted an agency in a manner that meets or exceeds— dwelling unit assisted under this subtitle amendment intended to be proposed to ‘‘(A) the standards described in chapters 9 shall contain installed carbon monoxide amendment SA 1407 submitted by Ms. and 11 of the 2018 publication of the Inter- alarms or detectors that meet or exceed— national Fire Code, as published by the ‘‘(1) the standards described in chapters 9 MURKOWSKI and intended to be pro- International Code Council; or and 11 of the 2018 publication of the Inter- posed to the bill S. 2657, to support in- ‘‘(B) any other standards as may be adopt- national Fire Code, as published by the novation in advanced geothermal re- ed by the Secretary, including any relevant International Code Council; or search and development, and for other

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00145 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.063 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1418 CONGRESSIONAL RECORD — SENATE March 3, 2020 purposes; which was ordered to lie on earth value chain to force corporations from (C) any of the series of 15 metallic ele- the table; as follows: the United States, Europe, Japan, and South ments between actinium, with atomic num- Korea to transfer manufacturing facilities, ber 89, and lawrencium, with atomic number At the end of subtitle A of title II, add the technology, and jobs to China in exchange 103, on the periodic table. following: for secure supply contracts. (c) RARE EARTH REFINERY COOPERATIVE.— SEC. 21llll. REPORT TO ASSESS THE DEPEND- (C) The increasingly aggressive mercantile ENCE OF THE UNITED STATES ON (1) ESTABLISHMENT.—Not later than 60 days RARE EARTH ELEMENTS PRODUCED behavior of China has led to involuntary after the date of enactment of this Act, the IN FOREIGN COUNTRIES. transfers of technology, manufacturing, and Secretary of Commerce shall coordinate Not later than 270 days after the date of jobs, which has resulted in onerous trade im- with any relevant Federal agencies to pro- enactment of this Act, the Secretary, in con- balances with the United States and trading cure the issuance of a Federal charter for a sultation with the Secretary of Defense and partners of the United States. privately funded, privately operated, and pri- the Secretary of the Interior, shall submit to (D) The Comptroller General of the United vately managed cooperative with respect to Congress a report that— States has confirmed that the monopoly con- rare earth elements, which— (1) assesses the threat presented by the de- trol of China over the rare earth value chain (A) shall— pendence of the United States on rare earth has resulted in vulnerabilities in the pro- (i) be known as the Thorium-Bearing Rare elements produced in foreign countries; and curement of multiple United States weapons Earth Refinery Cooperative; (2) examines ways in which to revive and systems. (ii) coordinate the establishment of a fully sustain the United States industrial base (E) Direct links exist between rare earth integrated United States value chain with with respect to rare earth elements, specifi- mineralogy and thorium. respect to rare earth elements to serve the cally with respect to— (F) Thorium is a radioactive element com- national security needs of the United States (A) traditional mining of rare earth ele- monly associated with the lanthanide ele- and the needs of industry in the United ments; ments in most rare earth deposits located in States; and (B) nontraditional corrosive extraction of the United States and elsewhere. (iii) produce products that use rare earth rare earth elements from ore and coal; and (G) Regulations regarding thorium rep- elements, including metal powders (such as (C) nontraditional noncorrosive extraction resent a barrier to the development of a rare rare earth oxides and rare earth salts, in- of rare earth elements from ore and coal. earth industry that is based in the United cluding chlorides and nitrates), metals con- States. taining rare earth elements, alloys, magnets, SA 1441. Mr. ENZI submitted an (H) Meeting the strategic national interest and other value-added products using rare amendment intended to be proposed to objectives of the United States and economic earth elements, as required by— and environmental goals are best achieved amendment SA 1407 submitted by Ms. (I) the owners of, and investors in, the Co- through the creation of a rare earth coopera- operative; and MURKOWSKI and intended to be pro- tive. (II) the defense industry of the United posed to the bill S. 2657, to support in- (I) A rare earth cooperative could— States; and novation in advanced geothermal re- (i) greatly increase the production of rare (B) may— search and development, and for other earth elements; (i) accept domestic and international in- purposes; which was ordered to lie on (ii) ensure environmental safety; and vestment from— the table; as follows: (iii) lower the cost of the production and fi- (I) commercial or industrial users of prod- nancial risks faced by rare earth producers ucts containing rare earth elements, includ- On page 449, line 11, insert ‘‘and coal mine in the United States. refuse and tailings’’ after ‘‘mines’’. ing trade groups or associations formed to (J) Historically, agricultural and electric act on behalf of the defense industry or other cooperatives have stood as one of the great- SA 1442. Mr. RUBIO (for himself and end-users of those products; or est success stories of the United States. (II) any of the resource suppliers of the Co- Mr. SCOTT of Florida) submitted an (2) STATEMENT OF POLICY.—It is the policy operative; amendment intended to be proposed to of the United States to advance domestic re- (ii) accept investment or funding from for- amendment SA 1407 submitted by Ms. fining of rare earth elements and the safe eign governments, State agencies, or State- MURKOWSKI and intended to be pro- storage of thorium in anticipation of the po- sponsored entities, including universities or posed to the bill S. 2657, to support in- tential future industrial uses of thorium, in- research institutions, subject to the approval novation in advanced geothermal re- cluding energy, because— of the Committee on Foreign Investment in search and development, and for other (A) thorium has a mineralogical associa- the United States established under section tion with valuable rare earth elements; 721(k) of the Defense Production Act of 1950 purposes; which was ordered to lie on (B) there is a great need to develop domes- the table; as follows: (50 U.S.C. 4565(k)); tic refining capacity to process domestic (iii) distribute finished goods and profits in At the appropriate place, insert the fol- rare earth element deposits; and proportion to investment; lowing: (C) the economy of the United States (iv) on behalf of the owners of the Coopera- SEC. llll. MORATORIUM ON OIL AND GAS would benefit from the rapid development tive, sell surplus finished goods on the open LEASING IN CERTAIN AREAS OF and control of intellectual property relating market; and GULF OF MEXICO. to the commercial development of tech- (v) accept and process rare earth resources, Section 104(a) of the Gulf of Mexico Energy nology utilizing thorium. or other critical minerals, with elevated lev- Security Act of 2006 (43 U.S.C. 1331 note; Pub- (b) DEFINITIONS.—In this section: els of thorium or uranium that are— lic Law 109–432) is amended in the matter (1) ACTINIDE.—The term ‘‘actinide’’ means (I) mined in the United States; preceding paragraph (1) by striking ‘‘June 30, a natural element associated with any of the (II) from any domestic waste product, co- 2022’’ and inserting ‘‘June 30, 2032’’. series of 15 metallic elements between actin- product, or byproduct of some other mined ium, with atomic number 89, and commodity; or SA 1443. Mr. RUBIO submitted an lawrencium, with atomic number 103, on the (III) produced by any foreign supplier that amendment intended to be proposed to periodic table. has invested in the Cooperative. amendment SA 1407 submitted by Ms. (2) COOPERATIVE.—The term ‘‘Cooperative’’ (2) SECURING RARE EARTHS.—The following MURKOWSKI and intended to be pro- means the Thorium-Bearing Rare Earth Re- materials shall be considered to be an posed to the bill S. 2657, to support in- finery Cooperative established under sub- unrefined and unprocessed ore, as defined in novation in advanced geothermal re- section (c)(1). section 40.4 of title 10, Code of Federal Regu- search and development, and for other (3) CORPORATION.—The term ‘‘Corporation’’ lations, or any successor regulation: means the Thorium Storage, Energy, and In- (A) Any material accepted by the Coopera- purposes; which was ordered to lie on dustrial Products Corporation established tive under paragraph (1)(B)(v). the table; as follows: under subsection (d)(1). (B) A thorium bearing rare earth ore that At the appropriate place, insert the fol- (4) NATIONAL LABORATORY.—The term ‘‘Na- is— lowing: tional Laboratory’’ has the meaning given (i) a byproduct or coproduct of another SEC. lll. RARE EARTH REFINERY COOPERA- the term in section 2 of the Energy Policy mined commodity; and TIVE AND INDUSTRIAL PRODUCTS Act of 2005 (42 U.S.C. 15801). (ii) sold and shipped under a supply agree- CORPORATION. (5) RARE EARTH ELEMENT.—The term ‘‘rare ment with the Cooperative. (a) FINDINGS; STATEMENT OF POLICY.— earth element’’ means a natural element as- (3) PRODUCERS OF RARE EARTHS.—A pro- (1) FINDINGS.—Congress finds the following: sociated with— ducer that acts under a supply contract with (A) Rare earth elements are critical for ad- (A) the metallic element scandium, with the Cooperative may, under the rules for vanced energy technologies, national de- atomic number 21, or yttrium, with atomic unrefined and unprocessed ore under part 40 fense, and other commercial and industrial number 39; of title 10, Code of Federal Regulations, proc- applications. (B) any of the series of 15 metallic ele- ess, manage, and transport any material (B) The People’s Republic of China (re- ments between lanthanum, with atomic with respect to which the contract applies. ferred to in this paragraph as ‘‘China’’) has number 57, and lutetium, with atomic num- (4) LIABILITY.—Notwithstanding any other leveraged its monopoly control over the rare ber 71, on the periodic table; or provision of law or regulation—

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Defense shall provide initial assistance to evaluate the progress and success of the Co- (d) THORIUM STORAGE, ENERGY, AND INDUS- the Cooperative, and the Secretary and the operative and the Corporation in meeting all TRIAL PRODUCTS CORPORATION.— Secretary of Defense shall provide initial as- targets and objectives established by the (1) ESTABLISHMENT.—Not later than 60 days sistance to the Corporation, by establishing Secretary, in consultation with the heads of after the date of enactment of this Act, the peer-to-peer meetings with allies of the other relevant Federal agencies. Secretary shall coordinate with relevant United States in the North Atlantic Treaty (2) AUTHORITY OF THE SECRETARY OF DE- Federal agencies to procure the issuance of a Organization, other allied foreign govern- FENSE.—The Secretary of Defense may mon- Federal charter for a privately funded and ments, Federal and State agencies, science itor the output of the Cooperative and the privately operated corporation, which— and technology research institutions, and Corporation with respect to the national se- (A) shall be known as the Thorium Stor- commercial users and consumers of rare curity objectives set forth in the Memo- age, Energy, and Industrial Products Cor- earth elements and energy. randum of Understanding required for each poration; and (2) ELIGIBILITY FOR CERTAIN SUPPORT.— entity under subsection (f)(3). (B) in accordance with all applicable laws, (A) GRANT AND LOAN PROGRAMS.—The Coop- regulations, and rules, shall— erative and the Corporation may apply for SA 1444. Mr. RUBIO submitted an (i) on a preprocessing basis, assume liabil- funding assistance provided by any relevant amendment intended to be proposed to ity for and ownership of all thorium and grant or loan program carried out by the De- amendment SA 1407 submitted by Ms. mineralogically associated or related partment, the Department of Defense, or the MURKOWSKI and intended to be pro- actinides and decay products contained with- Department of Commerce, including, with posed to the bill S. 2657, to support in- in the rare earth element ores utilized by the respect to the Corporation— novation in advanced geothermal re- Cooperative; (i) the Small Modular Reactor Licensing (ii) take physical possession and safely Technical Support Program of the Depart- search and development, and for other store all thorium-containing actinide by- ment; and purposes; which was ordered to lie on products, with the costs of the storage to be (ii) any program of the Office of Advanced the table; as follows: paid by the Cooperative; and Reactor Technologies of the Department. SEC. lll. INNOVATION AND SUPPLY CHAIN RE- (iii) manage the sale of all valuable acti- (B) TECHNICAL AND DATA SUPPORT TO THE SILIENCY LOANS. nide and decay products, utilizing the pro- CORPORATION.—The National Laboratories (a) IN GENERAL.— ceeds for the development of commercial shall provide technical and data support to (1) DEFINITIONS.—In this subsection— uses and market for thorium, including en- the Corporation on parity with transfers (A) the term ‘‘manufacturing small busi- ergy. made before the date of enactment of this ness concern’’ means an eligible small busi- (2) THORIUM STORAGE.—The Corporation Act by the National Laboratories to the Chi- ness concern that— shall establish not less than 1 facility, each nese Academy of Sciences and any other for- (i) is assigned a code described in para- of which shall— eign agent or entity. graph (7); and (A) be known as a ‘‘Thorium Bank’’; (3) DEPARTMENT OF ENERGY POLICY.—The (ii) is not more than 300 percent larger (B) provide safe and long-term storage for Secretary shall adopt and execute a policy than the applicable size standard established all thorium produced as a byproduct in the that promotes the United States, acting in for categorizing a business concern as a production of rare earth elements for the Co- conjunction with the Corporation, as a glob- small business concern under section 3(a) of operative; and al leader in thorium energy systems. the Small Business Act (15 U.S.C. 632(a)); (C) hold and maintain financial surety (f) APPOINTMENT OF INITIAL OFFICERS.— (B) the term ‘‘capital deepening’’ means bonding and insurance consistent with pri- (1) IN GENERAL.—The Secretary of Com- the purchase, lease, or improvement or ren- vate industry standards. merce and the Secretary shall jointly ap- ovation of tangible long-term fixed assets, (3) INDUSTRIAL PRODUCTS.—The Corporation point 2 citizens of the United States— which shall not include furniture or auto- may establish not less than 1 division, each (A) neither of whom may be an employee mobiles; of which shall be known as an ‘‘Industrial of, consultant to, advisor to, or affiliate of (C) the term ‘‘code’’ means a North Amer- Products Corporation’’, for the certification, the United States Government; and ican Industry Classification System code; licensing, insuring, and commercial develop- (B) who shall act as the initial officers and (D) the term ‘‘historical average revenue’’ ment of all nonenergy uses for thorium (in- Board of Directors of both the Cooperative means, with respect to an manufacturing cluding thorium isotopes and thorium and the Corporation. small business concern, the average annual daughter elements), including alloys, cata- (2) QUALIFICATIONS.—The 2 individuals ap- amount of revenue of the manufacturing lysts, medical isotopes, and other products. pointed under paragraph (1) shall each have small business concern, as reported on the (4) ENERGY APPLICATIONS.—The Corpora- expertise in, and a history of promoting— return or in the return information of the tion may establish not less than 1 energy (A) the development of a platform— manufacturing small business concern, over products, energy systems, or energy applica- (i) that is based in the United States; the 3-year period preceding the date on tions division for the certification, licensing, (ii) that is funded using multinational which the manufacturing small business con- insuring, commercial development, deploy- sources; and cern receives the first disbursement of an in- ment, lease, and licensing of such products (iii) the purpose of which is the develop- novation and supply chain resiliency loan; and services, including— ment of a fully integrated rare earth value (E) the term ‘‘HUBZone’’ has the meaning (A) developing intellectual property; chain; and given the term in section 31(b) of the Small (B) acquiring technology; (B) the commercial development of uses Business Act (15 U.S.C. 657a(b)); (C) developing, manufacturing, operating, and markets for thorium, including energy. (F) the term ‘‘innovation and supply chain or leasing commercial thorium energy sys- (3) RESPONSIBILITIES.—The individuals ap- resiliency loan’’ means a loan guaranteed tems; and pointed under paragraph (1) shall work with under the authority under paragraph (2); (D) developing, manufacturing, operating, the Secretary of Commerce to develop cor- (G) the term ‘‘Loan Loss Reserve Fund’’ or leasing related thermal processing sys- porate bylaws and terms of governance for means the Loan Loss Reserve Fund estab- tems. the Cooperative, and with the Secretary to lished under paragraph (6); and (5) INTERNATIONAL PARTNERSHIPS.— develop those bylaws and terms for the Cor- (H) the terms ‘‘return’’ and ‘‘return infor- (A) IN GENERAL.—The Corporation may sell poration, which shall be set forth in a Memo- mation’’ have the meanings given those or distribute equity and establish partner- randum of Understanding for each such enti- terms in section 6103(b) of the Internal Rev- ships with the United States. ty that outlines specific obligations, com- enue Code of 1986. (B) FOREIGN INVESTORS.—Any foreign in- mitments, limitations on sources of inter- (2) AUTHORITY.—On and after the date that vestor in the Corporation shall make a vol- national investment, and goals that are spe- is 1 year after the date of enactment of this untary filing with the Committee on Foreign cific to the national interests of the United Act, the Administrator may guarantee the Investment in the United States established States. timely payment of a loan secured by prop- under section 721(k) of the Defense Produc- (4) DURATION OF SERVICE.—The individuals erty made to and a revolving line of credit tion Act of 1950 (50 U.S.C. 4565(k)). appointed under paragraph (1) shall continue provided to an manufacturing small business (6) LIABILITY.—Notwithstanding any other to serve in those roles for as long as provided concern in accordance with this subsection. provision of law or regulation— under the terms of governance developed (3) LEVEL OF PARTICIPATION.— (A) the Federal Government shall not be under paragraph (3). (A) MAXIMUM AMOUNT.—The maximum liable for any activities of the Corporation (g) OTHER PROVISIONS.— amount of an innovation and supply chain under this subsection; and (1) ANNUAL AUDITS.—The Cooperative and resiliency loan shall be $50,000,000. (B) the Corporation shall establish and se- the Corporation shall, on the date that is 180 (B) PERCENTAGE.—The Administrator may cure sufficient financial surety bonding and days after the date on which each such enti- guarantee not more than 80 percent of an in- other insurance, consistent with private in- ty is established, and annually thereafter, novation and supply chain resiliency loan.

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(C) USE OF FUNDS.— to not more than 60 percent of the total (xi) 3351 (electric lighting equipment man- (i) IN GENERAL.—A manufacturing small amount of the loan. ufacturing). business concern shall use not less than 50 (C) MINIMUM PERIOD FOR SECOND DISBURSE- (xii) 3353 (electrical equipment manufac- percent of the amounts received under an in- MENT.—The second disbursement of a loan turing). novation and supply chain resiliency loan for under this paragraph— (xiii) 3359 (other electrical equipment and capital deepening. (i) may not be provided to a manufacturing component manufacturing). (ii) LIMITATION.—A tangible long-term small business concern until after the date (xiv) 3252 (resin, synthetic rubber, and arti- fixed asset acquired with amounts received that is 5 years after the date on which the ficial and synthetic fibers and filaments under an innovation and supply chain resil- manufacturing small business concern re- manufacturing). iency loan and used for capital deepening ceives the first disbursement; and (xv) 3253 (pesticide, fertilizer, and other ag- under clause (i) shall be located in the (ii) may only be provided to a manufac- ricultural chemical manufacturing). United States. turing small business concern in accordance (xvi) 3254 (pharmaceutical and medicine (D) BENCHMARKS.— with paragraph (3)(D)(iii)(II). manufacturing). (i) IN GENERAL.—A manufacturing small (5) GROWTH INCENTIVE.—During the 4-year (xvii) 3259 (other chemical product and business concern that receives an innovation period beginning on the date on which a preparation manufacturing). and supply chain resiliency loan shall, over manufacturing small business concern that (xviii) 3271 (clay product and preparation the 3-year period beginning 2 years after the is a small business concern under the size manufacturing). date on which the manufacturing small busi- standards under section 3(a) of the Small (xix) 3279 (other nonmetallic mineral prod- ness concern receives the first disbursement Business Act (15 U.S.C. 632(a)) receiving an uct manufacturing). of the loan, increase the revenue of the man- innovation and supply chain resiliency loan (xx) 3311 (iron and steel mills and ufacturing small business concern by an av- ceases to comply with the size standards es- ferroalloy manufacturing). erage annual amount equal to not less than tablished under section 3(a)(2) of that Act (15 (xxi) 3313 (alumina and aluminum produc- 15 percent of the loan principal above the U.S.C. 632(a)(2)), the manufacturing small tion and processing). historical average revenue of the manufac- business concern shall be deemed to be a (xxii) 3331 (agriculture, construction, and turing small business concern. small business concern for purposes of any mining machinery manufacturing). (ii) COUNTING OF EXPORT SALES.—For pur- contracting program, preference, or set aside (xxiii) 3333 (commercial and service indus- poses of clause (i), the amount of revenue of under the Small Business Act (15 U.S.C. 631 try machinery manufacturing). a manufacturing small business concern that et seq.) or any other Act. (xxiv) 3339 (other general purpose machin- is attributable to exports shall be counted as (6) INNOVATION AND SUPPLY CHAIN RESIL- ery manufacturing). being 1.5 times the amount of such revenue. IENCY LOAN LOSS RESERVE FUND.— (xxv) 3341 (computer and peripheral equip- (iii) COMPLIANCE WITH BENCHMARKS.— (A) ESTABLISHMENT.—There is established ment manufacturing). (I) FEE.— in the Treasury a fund, to be known as the (xxvi) 3342 (communications equipment (aa) IN GENERAL.—Except as provided in Loan Loss Reserve Fund, into which shall be manufacturing). item (bb), at the end of the period described deposited— (xxvii) 3343 (audio and video equipment in clause (i), each manufacturing small busi- (i) performance incentive fees collected manufacturing). ness concern receiving an innovation and under paragraph (3)(D)(iii)(I); and (xxviii) 3345 (navigational, measuring, supply chain resiliency loan shall be assessed (ii) any other fees collected under this sub- electromedical, and control instruments a performance incentive fee in an amount section— manufacturing). equal to 1 percent of the total amount to be (I) in the manner and amount that the Ad- (xxix) 3352 (household appliance manufac- disbursed to the manufacturing small busi- ministrator determines to be in accord with turing). ness concern under the innovation and sup- sound actuarial and accounting practice; and (xxx) 3361 (motor vehicle manufacturing). ply chain resiliency loan, which shall be (II) to ensure that the Loan Loss Reserve (xxxi) 3362 (motor vehicle body and trailer added to the outstanding principal loan bal- Fund complies with the requirement under manufacturing). ance. subparagraph (C). (xxxii) 3363 (motor vehicle parts manufac- (bb) WAIVER.—A lender shall waive the per- (B) DISTRIBUTION OF FUNDS.—Amounts in turing). formance incentive fee under item (aa) with the Loan Loss Reserve Fund shall be avail- (xxxiii) 3364 (aerospace product and parts respect to a manufacturing small business able to satisfy unmet debt obligations for manufacturing). concern if the manufacturing small business guarantees made under this subsection. (xxxiv) 3365 (railroad rolling stock manu- concern increases the revenue of the manu- (C) CAPITAL RATIO.— facturing). facturing small business concern in accord- (i) DEFINITION.—In this subparagraph, the (xxxv) 3366 (ship and boat building). ance with clause (i). term ‘‘capital ratio’’ means, with respect to (xxxvi) 3369 (other transportation equip- (II) SUBSEQUENT DISBURSEMENTS.—A lender a date, the quotient obtained by dividing the ment manufacturing). may not make the second disbursement, or amounts in the Loan Loss Reserve Fund, as (xxxvii) 3391 (medical equipment and sup- any subsequent disbursements, of an innova- of that date, by the outstanding guarantees plies manufacturing). tion and supply chain resiliency loan to a under this subsection, as of that date. (xxxviii) 3399 (other miscellaneous manu- manufacturing small business concern until (ii) REQUIREMENT.—Beginning in fiscal year facturing). after the date on which the revenues of the 2022, the Administrator shall ensure that the (B) CERTAIN ENTITIES.— manufacturing small business concern over Loan Loss Reserve Fund maintains a capital (i) IN GENERAL.—The following entities the most recent 3-year period have increased ratio that is not less than .005 and not great- shall be deemed to be assigned to a code de- by an average annual amount equal to not er than 0.01. scribed in clauses (i) through (xxxviii) of sub- less than 15 percent of the loan principal (7) INVOLVEMENT IN MANUFACTURING INDUS- paragraph (A) or a 6-digit code associated above the historical average revenue of the TRY.— with such a code: manufacturing small business concern. (A) IN GENERAL.—A business concern shall (I) A small business concern that has re- (iv) CREDITING OF ADDITIONAL FEES.—A be considered to be involved in a manufac- ceived an award under the Small Business lender shall submit to the Administrator, for turing industry if the business concern is in Innovation Research Program or the Small deposit in the Loan Loss Reserve Fund, any the manufacturing sector and, subject to Business Technology Transfer Program fee received under clause (iii)(I), less a rea- subparagraph (B), is, in 2020 (or, as of the under section 9 of the Small Business Act (15 sonable cost-of-collection percentage re- date on which the lender makes a loan or U.S.C. 638). tained by lender to cover costs, as deter- provides a revolving line of credit to a manu- (II) A small business concern that has sig- mined by the Administrator. facturing small business concern) assigned to nificant engagement with a Manufacturing (v) EXTENSIONS.—Not later than 180 days any of the following codes or any 6-digit code USA institute, as defined in section 34(d) of after the date of enactment of this Act, the associated with any of the following codes: the National Institute of Standards and Administrator shall promulgate regulations (i) 2111 (oil and gas extraction). Technology Act (15 U.S.C. 278s(d)). establishing a process under which an manu- (ii) 2121 (coal mining). (III) Any other small business concern if— facturing small business concern may apply (iii) 2211 (electric power generation, trans- (aa) a foreign person sought to merge with, for an extension of the timeframe estab- mission and distribution). acquire, take over, or otherwise obtain con- lished under clause (i). (iv) 2212 (natural gas distribution). trol of the small business concern through a (4) PROVISION OF FUNDS.— (v) 3241 (petroleum and coal products man- covered transaction (as defined in section (A) IN GENERAL.—An innovation and supply ufacturing). 721(a) of the Defense Production Act of 1950 chain resiliency loan shall be provided to the (vi) 3251 (basic chemical manufacturing). (50 U.S.C. 4565(a))); and manufacturing small business concern in 2 or (vii) 3315 (foundries). (bb) the Committee on Foreign Investment more disbursements, as determined by the (viii) 3332 (industrial machinery manufac- in the United States reviewed the covered lender. turing). transaction under section 721 of the Defense (B) MAXIMUM FIRST DISBURSEMENT.—The (ix) 3336 (engine, turbine, and power trans- Production Act of 1950 (50 U.S.C. 4565) and first disbursement of a loan under this para- mission equipment manufacturing). recommended to the President that the graph provided to the manufacturing small (x) 3346 (manufacturing and reproducing President suspend or prohibit the covered business concern shall be in an amount equal magnetic and optical media). transaction.

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(ii) SIGNIFICANT ENGAGEMENT.—The Admin- (ii) being primarily located within a lished under paragraph (3)(D)(i) if granted an istrator and the Secretary of Commerce HUBZone. extension; shall, by rule, determine what constitutes (13) CREDITWORTHINESS.—For purposes of (II) the technological and scientific prom- significant engagement for the purposes of an innovation and supply chain resiliency ise of the uses to which the proceeds of the clause (i)(II). loan, a lender shall determine creditworthi- innovation and supply chain resiliency loan (8) MAINTENANCE OF LIST OF MANUFAC- ness in the same manner as is required under have been and will be directed; TURING INDUSTRIES.— the Export Working Capital Program estab- (III) the local and regional economic devel- (A) IN GENERAL.—Not later than 3 years lished under section 7(a)(14)(A) of the Small opment implications of the uses to which the after the date of enactment of this Act, and Business Act (15 U.S.C. 636(a)(14)(A)) to the proceeds of the innovation and supply chain every 3 years thereafter, the Administrator maximum extent practicable. resiliency loan have been and will be di- shall update the codes described in para- (14) PROVISION OF RETURNS AND RETURN IN- rected; graph (7)(A) to ensure that the codes reflect FORMATION.—As a condition of a loan guar- (IV) the importance to the national inno- manufacturing industries. antee under this subsection, a manufac- vation ecosystem of the uses to which the (B) CRITERIA FOR CONSIDERATION.—In up- turing small business concern shall agree to proceeds of the innovation and supply chain dating a code under subparagraph (A) to en- disclose, upon request of the Administrator, resiliency loan have been and will be di- sure that the code reflects a manufacturing any return or return information the Admin- rected; and industry, the Administrator shall consider— istrator determines necessary to determine (V) the importance to national or eco- (i) whether the amount of spending on re- the historical average revenue of the manu- nomic security of the uses to which the pro- facturing small business concern. search and development per worker in the in- ceeds of the innovation and supply chain re- (15) OUTREACH PROGRAM.—The Adminis- dustry covered by the code is in not lower siliency loan have been and will be directed. trator shall develop and implement an out- than the 75th percentile of such spending, as (C) MEMBERSHIP.— reach program to inform and recruit manu- compared with all industries in the United (i) IN GENERAL.—The advisory committee facturing small business concerns to apply States; shall be composed of appointed members and for innovation and supply chain resiliency (ii) whether the percentage of workers in ex officio members. All members of the advi- loans, under which the Administrator shall the industry covered by the code, the duties make a sustained and substantial effort to sory committee other than ex officio mem- of whom require a high degree of training in engage— bers shall be voting members. the fields of science, technology, engineer- (A) resource partners of the Administra- (ii) APPOINTED MEMBERS.— ing, and mathematics, is above the national tion; (I) IN GENERAL.—The Administrator shall average, as compared with all industries in (B) the Minority Business Development appoint to the advisory committee 17 appro- the United States; and Agency; priately qualified individuals. (iii) the role of the industry covered by the (C) the National Network for Manufac- (II) NON-FEDERAL MEMBERS.—Not fewer code in— turing Innovation; than 12 members of the advisory committee (I) the manufacturing sector of the econ- (D) national and regional chambers of com- shall be individuals who are not officers or omy of the United States; and merce, particularly those that work with employees of the United States. (II) the United States supply chain. small business concerns in underserved mar- (iii) REPRESENTATIVE MEMBERSHIP.—The (9) NO SECONDARY MARKET SALES.—Not- kets; Administrator shall ensure that the ap- withstanding section 5(f) of the Small Busi- (E) national and regional business coun- pointed members of the Committee, as a ness Act (15 U.S.C. 634(f)), the guaranteed cils, particularly those that work with small group, are representative of professions and portion of an innovation and supply chain re- business concerns in underserved markets; entities concerned with, or affected by, ac- siliency loan may not be sold by the lender. (F) other public entities that work with tivities under this paragraph, of which— (10) PERIOD OF MATURITY.—An innovation small business concerns in underserved mar- (I) 4 shall be individuals distinguished in and supply chain resiliency loan shall have a kets; the private sector in manufacturing indus- period of maturity of not more than 25 years, (G) the offices of Federal agencies respon- tries; which may be established by the lender to sible for the Small Business Innovation Re- (II) 4 shall be individuals distinguished in reflect the primary purpose of the loan. search Program and Small Business Tech- the academic study of manufacturing; (11) RATE OF INTEREST.—An innovation and nology Transfer Program of the Federal (III) 4 shall be representatives of the com- supply chain resiliency loan shall have a rate agencies; and mercial lending community; of interest that is not more than the applica- (H) institutions of higher education, re- (IV) 4 shall be individuals distinguished in ble maximum percentage rate of interest for search institutions, and other academic in- the field of innovation policy; and a loan guaranteed under section 7(a) of the stitutions that are engaged in the study or (V) 1 shall be such individual as the Ad- Small Business Act (15 U.S.C. 636(a)). promotion of manufacturing in the United ministrator may consider appropriate. (12) GUARANTEE AND YEARLY FEES.— States. (iv) EX OFFICIO MEMBERS.—The ex officio (A) IN GENERAL.—Notwithstanding para- (16) THE NATIONAL SMALL BUSINESS INNOVA- members of the advisory committee shall be graphs (18) and (23) of section 7(a) of the TION WORKING GROUP.— the following: Small Business Act (15 U.S.C. 636(a)), the Ad- (A) ESTABLISHMENT.—There is established (I) The Director of the Advanced Research ministrator may establish the guarantee and an advisory committee to be known as the Projects Agency–Energy. yearly fees assessed for an innovation and National Small Business Innovation Working (II) The Director of the Defense Advanced supply chain resiliency loan at a percentage Group (referred to in this paragraph as the Research Projects Agency. of the loan that the Administrator deter- ‘‘advisory committee’’). (III) The Co-Chairs of the President’s Coun- mines necessary to reduce to zero the cost (B) DUTIES.— cil of Advisors on Science and Technology. (as defined in section 502 of the Federal Cred- (i) IN GENERAL.—The advisory committee (IV) The Director of the Advanced Manu- it Reform Act of 1990 (2 U.S.C. 661a)) to the shall advise the Administrator with respect facturing National Program Office. Administration of making guarantees under to activities proposed or undertaken to carry (V) The Director of the Manufacturing Ex- this subsection. out the mission of the advisory committee tension Partnership at the National Insti- (B) PUBLICATION OF PROJECTED FEES.—When under this paragraph. tute of Standards and Technology. the Administrator changes fees under this (ii) CERTAIN RECOMMENDATIONS.—Activities (VI) Not more than 3 other Federal offi- paragraph, the Administrator shall publish— of the advisory committee under clause (i) cers, as the Administrator may consider ap- (i) the projected annual fee rate for each shall include making recommendations to propriate. year for the ensuing 10-year period; and the Administrator regarding— (D) TERMS.— (ii) a description of the assumptions used (I) effective and efficient implementation (i) IN GENERAL.—Subject to clause (ii), by the Administrator in projecting fees of the innovation and supply chain resiliency members of the advisory committee ap- under clause (i). loan product line established under this sub- pointed under subparagraph (C)(ii)(I) shall (C) WAIVER.—The Administrator shall section; serve for a term of 3 years. waive 25 percent of the otherwise applicable (II) the overall performance and structure (ii) STAGGERED TERMS.—The Administrator guarantee and annual fees under subpara- of the innovation and supply chain resiliency shall appoint the initial members of the ad- graph (A) if an manufacturing small business loan program established under this sub- visory committee under subparagraph concern— section, and measures that may improve the (C)(ii)(I) for terms of 1, 2, or 3 years to ensure (i) uses the innovation and supply chain re- effectiveness and efficiency of the program; the staggered rotation of 1⁄3 of the members siliency loan for activities substantially lo- and of the advisory committee each year. cated within a HUBZone; and (III) applications for extensions made (iii) SERVICE BEYOND TERM.—A member of (ii) is primarily located within a HUBZone. under the process established under para- the Committee appointed under subpara- (D) REGULATIONS.—Not later than 90 days graph (3)(D)(v). graph (C)(ii)(I) may continue to serve after after the date of enactment of this Act, the (iii) CONSIDERATIONS.—In evaluating appli- the expiration of the term of the members Administrator shall promulgate regulations cations under paragraph (3)(D)(v), the advi- until a successor is appointed. establishing what constitutes— sory committee shall consider— (E) VACANCIES.—If a member of the advi- (i) activities substantially located within a (I) the applicant’s prospects for future abil- sory committee appointed under subpara- HUBZone; and ity to meet the growth benchmarks estab- graph (C)(ii)(I) does not serve the full term

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00149 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.064 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1422 CONGRESSIONAL RECORD — SENATE March 3, 2020 applicable under subparagraph (D), the indi- eral Credit Reform Act of 1990 (2 U.S.C. 661a)) ly because of the status of the company as a vidual appointed to fill the resulting va- to the Administration of purchasing and subsidiary of another small business invest- cancy shall be appointed for the remainder of guaranteeing loans under this subsection. ment company. the term of the predecessor of the individual. (20) APPLICABILITY.—Except as otherwise ‘‘(iii) REGULATIONS.—The Administrator (F) CHAIRPERSON.—At the first meeting of provided, the rules issued under, and any ap- may issue regulations to provide further the advisory committee, the voting members plicable terms with respect to, the program guidance regarding the rule of construction of the advisory committee shall, from among carried out under section 7(a) of the Small under clause (ii). the members of the advisory committee ap- Business Act (15 U.S.C. 636(a)) shall apply ‘‘(C) COVERED SMALL BUSINESS CONCERN.— pointed under subparagraph (C)(ii)(I), des- with respect to the loan guarantee program The term ‘covered small business concern’— ignate an individual to serve as the chair- under this subsection. ‘‘(i) means a small business concern; and person of the advisory committee. In the (b) AUTHORIZATION.—The Administrator ‘‘(ii) includes an entity that is not more event that the advisory committee in unable may not make, with respect to guarantees than 300 percent larger than the size stand- to select a chairperson during its first meet- under subsection (a), in the aggregate— ards established for categorizing a business ing, the Administrator shall designate a (1) in fiscal year 2021, more than concern as a small business concern under chairperson from among the members of the $3,000,000,000 in guarantees; section 3(a) of the Small Business Act (15 advisory committee appointed under sub- (2) in fiscal year 2022, more than U.S.C. 632(a)). paragraph (C)(ii)(I). $5,000,000,000 in guarantees; ‘‘(2) DETERMINATION.— (G) MEETINGS.—The advisory committee (3) in fiscal year 2023, more than ‘‘(A) IN GENERAL.—For the purposes of shall meet not less than twice per year, not $10,000,000,000 in guarantees; paragraph (1)(B)(i)(II), a covered small busi- fewer than 5 months apart, and shall other- (4) in fiscal year 2024, more than ness concern shall be considered to be in- wise meet at the call of the Administrator or $15,000,000,000 in guarantees; and volved in a manufacturing industry if the the chairperson. (5) in fiscal year 2025, more than covered small business concern is in the (H) COMPENSATION AND REIMBURSEMENT OF $15,000,000,000 in guarantees. manufacturing sector and, subject to para- EXPENSES.— graph (3), is, in 2020 (or, as of the date on (i) APPOINTED MEMBERS.—Members of the SA 1445. Mr. RUBIO submitted an which a covered company invests in the cov- advisory committee appointed under sub- amendment intended to be proposed to ered small business concern) assigned to any paragraph (C)(ii)(I) shall receive compensa- amendment SA 1407 submitted by Ms. of the following codes or any 6-digit code as- tion for each day (including travel time) en- sociated with any of the following codes: gaged in carrying out the duties of the advi- MURKOWSKI and intended to be pro- ‘‘(i) 2111 (oil and gas extraction). sory committee in an amount not to exceed posed to the bill S. 2657, to support in- ‘‘(ii) 2121 (coal mining). the daily equivalent of the annual rate of novation in advanced geothermal re- ‘‘(iii) 2211 (electric power generation, basic pay prescribed for level IV of the Exec- search and development, and for other transmission and distribution). utive Schedule under section 5315 of title 5, purposes; which was ordered to lie on ‘‘(iv) 2212 (natural gas distribution). United States Code, unless declined by the the table; as follows: ‘‘(v) 3241 (petroleum and coal products member. manufacturing). (ii) EX OFFICIO MEMBERS.—Ex officio mem- SEC. lll. SMALL BUSINESS INVESTMENT COM- ‘‘(vi) 3251 (basic chemical manufacturing). bers of the advisory committee may not re- PANIES. ‘‘(vii) 3315 (foundries). ceive compensation for service on the advi- (a) FEES; INNOVATION AND SUPPLY CHAIN ‘‘(viii) 3332 (industrial machinery manufac- sory committee in addition to the compensa- RESILIENCY DEBENTURES; RESERVE FUND.— turing). tion otherwise received for duties carried out Part A of title III of the Small Business In- ‘‘(ix) 3336 (engine, turbine, and power as officers of the United States. vestment Act of 1958 (15 U.S.C. 681 et seq.) is transmission equipment manufacturing). (I) STAFF.—The Administrator shall pro- amended— ‘‘(x) 3346 (manufacturing and reproducing vide to the advisory committee such staff, (1) in section 303 (15 U.S.C. 683)— magnetic and optical media). information, and other assistance as may be (A) in subsection (b), in the matter pre- ‘‘(xi) 3351 (electric lighting equipment necessary to carry out the duties of the advi- ceding paragraph (1), in the fifth sentence, manufacturing). sory committee. by striking ‘‘established annually by the Ad- ‘‘(xii) 3353 (electrical equipment manufac- (J) DURATION.—Notwithstanding section ministration, as necessary to reduce to zero turing). 14(a) of the Federal Advisory Committee Act the cost (as defined in section 502 of the Fed- ‘‘(xiii) 3359 (other electrical equipment and (5 U.S.C. App.), the advisory committee shall eral Credit Reform Act of 1990 (2 U.S.C. 661a)) component manufacturing). continue in existence until otherwise pro- to the Administration of purchasing and ‘‘(xiv) 3252 (resin, synthetic rubber, and ar- vided by law. guaranteeing debentures under this Act, tificial and synthetic fibers and filaments (K) EXEMPTIONS.—The advisory committee which amount may not exceed 1.38 percent manufacturing). shall be exempt from the requirements of per year, and which shall be paid to and re- ‘‘(xv) 3253 (pesticide, fertilizer, and other sections 10(a), 10(b), and 11 of the Federal Ad- tained by the Administration’’ and inserting agricultural chemical manufacturing). visory Committee Act (5 U.S.C. App.). the following: ‘‘that the Administrator, by ‘‘(xvi) 3254 (pharmaceutical and medicine (L) REPORT.—Not later than 1 year after rule, shall establish, as necessary to reduce manufacturing). the date of enactment of this Act, and not to zero the cost (as defined in section 502 of ‘‘(xvii) 3259 (other chemical product and less that annually thereafter, the advisory the Federal Credit Reform Act of 1990 (2 preparation manufacturing). committee shall submit to the Committee on U.S.C. 661a)) to the Administration of pur- ‘‘(xviii) 3271 (clay product and preparation Small Business and Entrepreneurship of the chasing and guaranteeing debentures under manufacturing). Senate and the Committee on Small Busi- this Act, and which shall be paid to and re- ‘‘(xix) 3279 (other nonmetallic mineral ness of the House of Representatives, the Ad- tained by the Administration. The Adminis- product manufacturing). ministrator, and the President a report that trator may adjust the charge established ‘‘(xx) 3311 (iron and steel mills and describes the recommendations and evalua- under the preceding sentence only through ferroalloy manufacturing). tions required under subparagraph (B) notice and comment rule making conducted ‘‘(xxi) 3313 (alumina and aluminum produc- (17) ELIGIBILITY CRITERIA FOR LENDERS.— under section 553 of title 5, United States tion and processing). The Administrator shall establish eligibility Code.’’; and ‘‘(xxii) 3331 (agriculture, construction, and criteria for lenders to participate in the loan (B) by adding at the end the following: mining machinery manufacturing). guarantee program under this subsection, ‘‘(l) INNOVATION AND SUPPLY CHAIN RESIL- ‘‘(xxiii) 3333 (commercial and service indus- which shall include streamlined criteria for IENCY DEBENTURES.— try machinery manufacturing). a lender that is participating in the Pre- ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(xxiv) 3339 (other general purpose machin- ferred Lenders Program, as defined in sec- ‘‘(A) CODE.—The term ‘code’ means a North ery manufacturing). tion 7(a)(2)(C)(iii) of the Small Business Act American Industry Classification System ‘‘(xxv) 3341 (computer and peripheral equip- (15 U.S.C. 636(a)(2)(C)(iii)). code. ment manufacturing). (18) APPLICABILITY.—Except as otherwise ‘‘(B) COVERED COMPANY.— ‘‘(xxvi) 3342 (communications equipment provided, the rules issued under, and any ap- ‘‘(i) IN GENERAL.—The term ‘covered com- manufacturing). plicable terms with respect to, the program pany’ means a small business investment ‘‘(xxvii) 3343 (audio and video equipment carried out under section 7(a) of the Small company that— manufacturing). Business Act (15 U.S.C. 636(a)) shall apply ‘‘(I) is in compliance with the require- ‘‘(xxviii) 3345 (navigational, measuring, with respect to the loan guarantee program ments of this title with respect to the electromedical, and control instruments under this subsection. issuance of debentures; and manufacturing). (19) CALCULATION OF SUBSIDY RATE.—All ‘‘(II) invests solely in covered small busi- ‘‘(xxix) 3352 (household appliance manufac- fees, interest, and profits received and re- ness concerns involved in manufacturing in- turing). tained by the Administration under this sec- dustries, as determined under paragraph (2). ‘‘(xxx) 3361 (motor vehicle manufacturing). tion shall be included in the calculations ‘‘(ii) RULE OF CONSTRUCTION.—A small busi- ‘‘(xxxi) 3362 (motor vehicle body and trailer made by the Director of the Office of Man- ness investment company shall not be pre- manufacturing). agement and Budget to offset the cost (as cluded from being considered a covered com- ‘‘(xxxii) 3363 (motor vehicle parts manufac- that term is defined in section 502 of the Fed- pany for the purposes of this subsection sole- turing).

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00150 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.064 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1423 ‘‘(xxxiii) 3364 (aerospace product and parts each covered small business concern in company is able to collect punitive damages manufacturing). which the covered company invests to pay to required under subclause (I) from a covered ‘‘(xxxiv) 3365 (railroad rolling stock manu- the covered company 1 percent of the annual small business concern described in that sub- facturing). revenue of the covered small business con- clause, the covered small business concern ‘‘(xxxv) 3366 (ship and boat building). cern (referred to in this subsection as the shall be responsible for paying the punitive ‘‘(xxxvi) 3369 (other transportation equip- ‘Small Business Innovation and Resiliency damages directly to the Administration. ment manufacturing). Dividend’), which the covered company shall ‘‘(5) APPLICABILITY OF RULES REGARDING DE- ‘‘(xxxvii) 3391 (medical equipment and sup- collect and transfer to the Administration FAULT AND INSOLVENCY.—The rules of the Ad- plies manufacturing). until the date on which the Administration ministration under this title regarding the ‘‘(xxxviii) 3399 (other miscellaneous manu- has recovered 150 percent of the amount of default or insolvency of a small business in- facturing). the initial investment of the Administration vestment company shall apply to a covered ‘‘(B) RULE OF CONSTRUCTION.—Any of the with respect to the covered company. company under this subsection. following entities shall be deemed to satisfy ‘‘(II) NO INTEREST.—There shall be no in- ‘‘(6) CALCULATION OF SUBSIDY RATE.—All subparagraph (A): terest payment required with respect to an fees, interest, and profits received and re- ‘‘(i) A small business concern that has re- Innovation and Supply Chain Resiliency de- tained by the Administration under this sub- ceived an award under the Small Business benture. section shall be included in the calculations Innovation Research Program or the Small ‘‘(ii) EXCEPTIONS.— made by the Director of the Office of Man- Business Technology Transfer Program of ‘‘(I) TERMINATION.—If a covered company is agement and Budget to offset the cost (as the Administration. dissolved, or otherwise terminates oper- that term is defined in section 502 of the ‘‘(ii)(I) A small business concern that has ations, before the date on which the covered Congressional Budget Act of 1974 (2 U.S.C. significant engagement with a Manufac- company is able to collect the Small Busi- 661a)) to the Administration of purchasing turing USA institute, as defined in section ness Innovation and Resiliency Dividend re- and guaranteeing debentures and partici- 34(d) of the National Institute of Standards quired under clause (i) from a covered small pating securities under this Act. and Technology Act (15 U.S.C. 278s(d)). business concern described in that clause, ‘‘(7) ISSUANCE AND GUARANTEE OF TRUST ‘‘(II) The Administrator and the Secretary the covered small business concern shall be CERTIFICATES.—The Administration is au- of Commerce shall, by rule, determine what responsible for paying the Small Business In- thorized to issue trust certificates rep- constitutes significant engagement for the novation and Resiliency Dividend directly to resenting ownership of all or a fractional purposes of subclause (I). the Administration. part of debentures issued by covered compa- ‘‘(iii) Any small business concern if— ‘‘(II) INITIAL PUBLIC OFFERING.—If a covered nies and guaranteed by the Administration ‘‘(I) a foreign person sought to merge with, small business concern in which a covered under this subsection in the same manner, acquire, take over, or otherwise obtain con- company invests is the subject of an initial and subject to the same requirements, as trol of the small business concern through a public offering before the date on which the provided in section 319. covered transaction (as defined in section covered company satisfies clause (i), the cov- ‘‘(8) ACCOUNTING.—Any payment made to 721(a) of the Defense Production Act of 1950 ered company shall continue carrying out the Administration under this subsection, (50 U.S.C. 4565(a))); and that clause with respect to the covered small including the payment of a Small Business ‘‘(II) the Committee on Foreign Invest- business concern until the date on which the Innovation and Resiliency Dividend, shall be ment in the United States reviewed the cov- Administration has recovered 300 percent of remitted to the account associated with the ered transaction under section 721 of the De- the amount of the initial investment of the program carried out under this title.’’; and fense Production Act of 1950 (50 U.S.C. 4565) Administration with respect to the covered (2) by adding at the end the following: and recommended to the President that the company. President suspend or prohibit the covered ‘‘(iii) PRINCIPAL PAYMENTS.—If, as of the ‘‘SEC. 321. RESERVE FUND. transaction. date that is 30 years after the date on which ‘‘(a) IN GENERAL.—There is established in ‘‘(3) MAINTENANCE OF LIST OF MANUFAC- a covered company makes an investment in the Treasury an SBIC Reserve Fund (referred TURING INDUSTRIES.— a covered small business concern, the cov- to in this section as the ‘fund’), which shall ‘‘(A) IN GENERAL.—The Administrator ered small business concern has repaid less be an account separate from any other ac- shall, once every 3 years, update the codes than 50 percent of the original principal with counts or funds available to the Adminis- described in clauses (i) through (xxxviii) of respect to that investment, the covered trator and shall be credited with the paragraph (2)(A) to ensure that those codes small business concern shall be required to amounts described in subsection (b). reflect manufacturing industries. pay to the covered company an amount that ‘‘(b) CREDITS.—The fund shall be credited ‘‘(B) CRITERIA FOR CONSIDERATION.—In up- is equal to 50 percent of that original prin- with the fees described in section 303(b)— dating a code under subparagraph (A) to en- cipal amount, which the covered company ‘‘(1) in the manner and amount that the sure that the code reflects a manufacturing shall transfer to the Administration. Administrator determines to be in accord industry, the Administrator shall consider— ‘‘(iv) PUNITIVE DAMAGES.— with sound actuarial and accounting prac- ‘‘(i) whether the amount of spending on re- ‘‘(I) IN GENERAL.—Except as provided in tice; and search and development per worker in the in- subclause (III), a covered small business con- ‘‘(2) to ensure that the fund complies with dustry covered by the code is in not lower cern in which a covered company has in- the requirement under subsection (d). than the 75th percentile of such spending, as vested shall be required to pay the covered ‘‘(c) DISTRIBUTION OF FUNDS.—Amounts in compared with all industries in the United company punitive damages in an amount the fund shall be available to satisfy unmet States; that is 600 percent of the amount of that in- debt obligations for purchasing and guaran- ‘‘(ii) whether the percentage of workers in vestment if— teeing debentures under this title. the industry covered by the code, the duties ‘‘(aa) the covered small business concern is ‘‘(d) CAPITAL RATIO.— of whom require a high degree of training in purchased by another entity and, after that ‘‘(1) DEFINITION.—In this subsection, the the fields of science, technology, engineer- purchase, the operations of the small busi- term ‘capital ratio’ means, with respect to a ing, and mathematics, is above the national ness concern are moved outside of the United date, the quotient obtained by dividing the average, as compared with all industries in States; or amounts in the fund, as of that date, by the the United States; and ‘‘(bb) the production of goods produced by outstanding guarantees under this title, as ‘‘(iii) the role of the industry covered by the covered small business concern (or pro- of that date. the code in— duced by another entity on behalf of the cov- ‘‘(2) REQUIREMENT.—Beginning in fiscal ‘‘(I) the manufacturing sector of the econ- ered small business concern), the head- year 2022, the Administrator shall ensure omy of the United States; and quarters of the small business concern, or that the fund maintains a capital ratio that ‘‘(II) the United States supply chain. substantial operations of the small business is not less than 0.005 and not greater than ‘‘(4) DEBENTURES.— concern are established or moved outside of 0.03.’’. ‘‘(A) IN GENERAL.—A licensed covered com- the United States. (b) LIMITATIONS.—Commitments to guar- pany may issue Innovation and Supply Chain ‘‘(II) PAYMENTS.—Punitive damages that a antee loans for debentures under section 303 Resiliency debentures. covered small business concern are required of the Small Business Investment Act of 1958 ‘‘(B) AMOUNT.—Notwithstanding any other to pay to a covered company under subclause (15 U.S.C. 683) shall not exceed the following provision of this title, the amount of an In- (I) shall be— amounts: novation and Supply Chain Resiliency deben- ‘‘(aa) paid to the covered company on the (1) In each of fiscal years 2021 and 2022— ture purchased or guaranteed by the Admin- date on which the action that triggers the (A) $7,000,000,000 for such commitments istration with respect to a covered company payment of damages under that subclause under subsection (b) of such section 303 (re- shall be not more than 400 percent of the pri- occurs; and ferred to in this subsection as ‘‘section 303(b) vate capital of the company. ‘‘(bb) upon collection by the covered com- commitments’’); and ‘‘(C) REPAYMENT.— pany, transferred to the Administrator, who (B) $4,000,000,000 for commitments under ‘‘(i) IN GENERAL.— shall deposit the amounts in the SBIC Re- the program established under subsection (l) ‘‘(I) DIVIDEND.—Except as provided in serve Fund established under section 321(a). of such section 303, as added by subsection clause (ii), and subject to clause (iii), a cov- ‘‘(III) TERMINATION.—If a covered company (a)(1) of this section (referred to in this sub- ered company shall repay a debenture de- is dissolved, or otherwise terminates oper- section as ‘‘innovation and supply chain re- scribed in subparagraph (B) by requiring ations, before the date on which the covered siliency debenture commitments’’).

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00151 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.065 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1424 CONGRESSIONAL RECORD — SENATE March 3, 2020 (2) In each of fiscal years 2023, 2024, and to the rules of section 48(m) of the Internal the merits of an application for rehearing by 2025— Revenue Code of 1986 (as in effect on the day the date described in clause (ii), the applica- (A) $4,500,000,000 for section 303(b) commit- before the date of the enactment of the Rev- tion shall be deemed denied on that date. ments; and enue Reconciliation Act of 1990). ‘‘(III) JUDICIAL REVIEW.—An application (B) $2,000,000,000 for innovation and supply that is deemed denied under subclause (I) or chain resiliency debenture commitments. SA 1447. Mr. SCHUMER (for himself, (II) may be reviewed by a court of appeals of Mrs. GILLIBRAND, Mr. CARDIN, Mr. VAN the United States in accordance with sub- SA 1446. Mr. CARPER (for himself, HOLLEN, and Mr. CASEY) submitted an section (b).’’; Ms. COLLINS, Mr. MENENDEZ, Mr. amendment intended to be proposed to (4) in the third sentence, by striking ‘‘Upon WHITEHOUSE, Mr. REED, Ms. WARREN, amendment SA 1407 submitted by Ms. such application’’ and inserting the fol- lowing: Mr. HEINRICH, Mr. MARKEY, Mr. CARDIN, MURKOWSKI and intended to be pro- posed to the bill S. 2657, to support in- ‘‘(3) DECISION ON APPLICATION.— and Mr. BROWN) submitted an amend- ‘‘(A) IN GENERAL.—On an application for re- ment intended to be proposed to novation in advanced geothermal re- hearing under this subsection,’’; amendment SA 1407 submitted by Ms. search and development, and for other (5) in the second sentence, by striking MURKOWSKI and intended to be pro- purposes; which was ordered to lie on ‘‘The application’’ and inserting the fol- posed to the bill S. 2657, to support in- the table; as follows: lowing: novation in advanced geothermal re- At the end of title II, add the following: ‘‘(2) CONTENTS.—An application’’; and search and development, and for other Subtitle D—Federal Energy Regulatory (6) by striking the subsection designation Commission and all that follows through ‘‘Any person’’ in purposes; which was ordered to lie on the first sentence and inserting the fol- the table; as follows: SEC. 24ll. FERC CONSIDERATION OF STATE FI- lowing: NANCIAL INCENTIVES IN WHOLE- ‘‘(a) APPLICATION FOR REHEARING.— At the end, add the following: SALE MARKETS. N GENERAL.—Any person’’. TITLE IV—AMENDMENTS TO THE Section 201(b)(1) of the Federal Power Act ‘‘(1) I (b) FEDERAL POWER ACT.—Section 313(a) of INTERNAL REVENUE CODE OF 1986 (16 U.S.C. 824(b)(1)) is amended, in the second the Federal Power Act (16 U.S.C. 825l(a)) is SEC. 4001. EXTENSION OF ENERGY CREDIT FOR sentence, by striking the period at the end amended— OFFSHORE WIND FACILITIES. and inserting ‘‘, or over State regulations, (1) in the sixth sentence, by striking (a) IN GENERAL.—Section 48(a)(5) of the In- including financial incentives or fees, pro- ‘‘Until the record’’ and inserting the fol- ternal Revenue Code of 1986 is amended by moting the development of facilities for the lowing: generation of electric energy, unless the reg- adding at the end the following: ‘‘(5) POWERS OF THE COMMISSION.—Until the ‘‘(F) QUALIFIED OFFSHORE WIND FACILI- ulation directly targets a wholesale rate or record’’; TIES.— charge subject to the jurisdiction of the (2) in the fifth sentence, by striking ‘‘No ‘‘(i) IN GENERAL.—In the case of any quali- Commission.’’. proceeding’’ and inserting the following: fied offshore wind facility— SA 1448. Mr. SCHUMER (for himself, ‘‘(4) APPLICATION REQUIRED FOR JUDICIAL ‘‘(I) subparagraph (C)(ii) shall be applied by REVIEW.—No proceeding’’; substituting ‘January 1 of the applicable Mrs. GILLIBRAND, Mr. CARDIN, and Mr. (3) by striking the fourth sentence and in- year (as determined under subparagraph VAN HOLLEN) submitted an amendment serting the following: (F)(ii))’ for ‘January 1, 2021’, intended to be proposed to amendment ‘‘(B) TIMING.— ‘‘(II) subparagraph (E) shall not apply, and SA 1407 submitted by Ms. MURKOWSKI ‘‘(i) IN GENERAL.—The Commission shall ‘‘(III) for purposes of this paragraph, sec- and intended to be proposed to the bill issue an order on an application for rehear- tion 45(d)(1) shall be applied by substituting S. 2657, to support innovation in ad- ing filed under this subsection not later than ‘January 1 of the applicable year (as deter- vanced geothermal research and devel- 30 days after the date on which the applica- mined under section 48(a)(5)(F)(ii))’ for ‘Jan- opment, and for other purposes; which tion is filed with the Commission. uary 1, 2021’. was ordered to lie on the table; as fol- ‘‘(ii) TOLLING ORDERS.—If an order issued ‘‘(ii) APPLICABLE YEAR.— under clause (i) does not rule on the merits ‘‘(I) IN GENERAL.—For purposes of this sub- lows: of the application for rehearing, the Com- paragraph, the term ‘applicable year’ means At the end of title II, add the following: mission shall issue an order ruling on the the later of— Subtitle D—Federal Energy Regulatory merits of the application for rehearing not ‘‘(aa) calendar year 2027, or Commission later than 30 days after the date on which ‘‘(bb) the calendar year subsequent to the SEC. 24ll. JUDICIAL REVIEW OF FERC DECI- the order under clause (i) is issued. first calendar year in which the Secretary, in SIONS. ‘‘(iii) EFFECT OF FAILURE TO ISSUE ORDER OR consultation with the Secretary of Energy, (a) NATURAL GAS ACT.—Section 19(a) of the RULE ON THE MERITS.— determines that the United States has in- Natural Gas Act (15 U.S.C. 717r(a)) is amend- ‘‘(I) EFFECT OF FAILURE TO ISSUE ORDER.—If creased its offshore wind capacity by not less ed— the Commission has neither granted nor de- than 3,000 megawatts as compared to such (1) in the sixth sentence, by striking nied an application for rehearing by the date capacity on January 1, 2021. ‘‘Until the record’’ and inserting the fol- described in clause (i), the application shall ‘‘(II) EXCLUSION OF CERTAIN FACILITIES.— lowing: be deemed denied on that date. For purposes of subclause (I)(bb), the Sec- ‘‘(5) POWERS OF THE COMMISSION.—Until the ‘‘(II) EFFECT OF FAILURE TO RULE ON THE retary shall not include any increase in off- record’’; MERITS.—If the Commission has not ruled on shore wind capacity which is attributable to (2) in the fifth sentence, by striking ‘‘No the merits of an application for rehearing by any facility the construction of which began proceeding’’ and inserting the following: the date described in clause (ii), the applica- before January 1, 2021. ‘‘(4) APPLICATION REQUIRED FOR JUDICIAL tion shall be deemed denied on that date. ‘‘(iii) QUALIFIED OFFSHORE WIND FACILITY.— REVIEW.—No proceeding’’; ‘‘(III) JUDICIAL REVIEW.—An application For purposes of this subparagraph, the term (3) by striking the fourth sentence and in- that is deemed denied under subclause (I) or ‘qualified offshore wind facility’ means a serting the following: (II) may be reviewed by a court of appeals of qualified facility described in paragraph (1) ‘‘(B) TIMING.— the United States in accordance with sub- of section 45(d) which is located in the inland ‘‘(i) IN GENERAL.—The Commission shall section (b).’’. navigable waters of the United States, in- issue an order on an application for rehear- (4) in the third sentence, by striking ‘‘Upon cluding the Great Lakes, or in the coastal ing filed under this subsection not later than such application’’ and inserting the fol- waters of the United States, including the 30 days after the date on which the applica- lowing: territorial seas of the United States, the ex- tion is filed with the Commission. ‘‘(3) DECISION ON APPLICATION.— clusive economic zone of the United States, ‘‘(ii) TOLLING ORDERS.—If an order issued ‘‘(A) IN GENERAL.—On an application for re- and the outer Continental Shelf of the under clause (i) does not rule on the merits hearing under this subsection,’’; United States. of the application for rehearing, the Com- (5) in the second sentence, by striking ‘‘(iv) REPORT ON OFFSHORE WIND CAPAC- mission shall issue an order ruling on the ‘‘The application’’ and inserting the fol- ITY.—On January 15, 2026, and annually merits of the application for rehearing not lowing: thereafter until the calendar year described later than 30 days after the date on which ‘‘(2) CONTENTS.—An application’’; and in clause (ii)(I)(bb), the Secretary, in con- the order under clause (i) is issued. (6) by striking the subsection designation sultation with the Secretary of Energy, shall ‘‘(iii) EFFECT OF FAILURE TO ISSUE ORDER OR and all that follows through ‘‘Any person’’ in issue a report to be made available to the RULE ON THE MERITS.— the first sentence and inserting the fol- public which discloses the increase in the ‘‘(I) EFFECT OF FAILURE TO ISSUE ORDER.—If lowing: offshore wind capacity of the United States, the Commission has neither granted nor de- ‘‘(a) APPLICATION FOR REHEARING.— as measured in total megawatts, since Janu- nied an application for rehearing by the date ‘‘(1) IN GENERAL.—Any person’’. ary 1, 2021.’’. described in clause (i), the application shall (b) EFFECTIVE DATE.—The amendment be deemed denied on that date. SA 1449. Mr. SCHUMER submitted an made by this section shall apply to periods ‘‘(II) EFFECT OF FAILURE TO RULE ON THE amendment intended to be proposed to after December 31, 2016, under rules similar MERITS.—If the Commission has not ruled on amendment SA 1407 submitted by Ms.

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00152 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.065 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1425 MURKOWSKI and intended to be pro- intended to be proposed to amendment ergy matters within the Department of State posed to the bill S. 2657, to support in- SA 1407 submitted by Ms. MURKOWSKI for— novation in advanced geothermal re- and intended to be proposed to the bill ‘‘(i) formulating and implementing inter- search and development, and for other S. 2657, to support innovation in ad- national policies, in coordination with the Secretary of Energy, as appropriate, aimed purposes; which was ordered to lie on vanced geothermal research and devel- at protecting and advancing United States the table; as follows: opment, and for other purposes; which energy security interests and promoting re- At the end of title II, add the following: was ordered to lie on the table; as fol- sponsible development of global energy re- Subtitle D—Federal Energy Regulatory lows: sources by effectively managing United Commission At the end of subtitle C of title II, add the States bilateral and multilateral relations; SEC. 24ll. FERC QUORUM REQUIREMENTS. following: ‘‘(ii) ensuring that the Department of Section 401(b) of the Department of Energy SEC. 23ll. EXPERIENCED WORKER PROGRAM. State’s analyses and decision making proc- Organization Act (42 U.S.C. 7171(b)) is amend- (a) IN GENERAL.—The Secretary shall es- esses related to matters involving global en- ed, in the fourth sentence, by striking the tablish an experienced worker program, to be ergy development account for the effects the period at the end and inserting ‘‘, and the known as the ‘‘Department of Energy Expe- developments have on— majority political party on the Commission rienced Worker Program’’, for the purpose of ‘‘(I) United States national security; shall not at any time have more than a 1- awarding grants and entering into coopera- ‘‘(II) quality of life and public health of member voting advantage over the minority tive agreements under subsection (b) for the people, households, and communities, par- party or parties on the Commission.’’. purpose of using the talents of individuals in ticularly vulnerable and underserved popu- the United States who are age 55 or older and lations affected by, or proximate to, energy SA 1450. Mr. TOOMEY (for himself are not employees of the Department to pro- development, transmission, and distribution and Mr. JONES) submitted an amend- vide technical, professional, and administra- projects; ment intended to be proposed to tive services to support the mission of the ‘‘(III) United States economic interests; amendment SA 1407 submitted by Ms. Department. ‘‘(IV) emissions of greenhouse gases that MURKOWSKI and intended to be pro- (b) GRANTS AND COOPERATIVE AGREE- contribute to global climate change; and posed to the bill S. 2657, to support in- MENTS.— ‘‘(V) local and regional land use, air and water quality, and risks to public health of novation in advanced geothermal re- (1) IN GENERAL.—Notwithstanding any other provision of law relating to Federal communities described under subclause (II); search and development, and for other grants and cooperative agreements, the Sec- ‘‘(iii) incorporating energy security and purposes; which was ordered to lie on retary may make grants to, or enter into co- climate security into the activities of the the table; as follows: operative agreements with, private national Department of State; At the end, add the following: nonprofit organizations eligible to receive ‘‘(iv) coordinating energy activities within TITLE IV—AMENDMENTS TO THE grants under title V of the Older Americans the Department of State and with relevant INTERNAL REVENUE CODE OF 1986 Act of 1965 (42 U.S.C. 3056 et seq.) to use the Federal agencies; ‘‘(v) working internationally to— SEC. 4001. TECHNICAL AMENDMENTS REGARD- talents of individuals in the United States ING QUALIFIED IMPROVEMENT who are age 55 or older in programs author- ‘‘(I) support socially and environmentally PROPERTY. ized by other provisions of law administered responsible development of energy resources (a) IN GENERAL.—Section 168 of the Inter- by the Secretary, consistent with those pro- that mitigate carbon emissions, and the dis- nal Revenue Code of 1986 is amended— visions of law. tribution of such resources for the benefit of (1) in subsection (e)— (2) REQUIREMENTS.—Prior to awarding a the United States and United States allies (A) in paragraph (3)(E), by striking ‘‘and’’ grant or entering into a cooperative agree- and trading partners for their energy secu- at the end of clause (v), by striking the pe- ment under paragraph (1), the Secretary rity, climate security, and economic devel- riod at the end of clause (vi) and inserting ‘‘, shall ensure that the grant or cooperative opment needs; and’’, and by adding at the end the following agreement would not— ‘‘(II) promote availability of clean energy new clause: (A) result in the displacement of individ- technologies, including carbon capture and ‘‘(vii) any qualified improvement prop- uals currently employed by the Department, storage, and a well-functioning global mar- erty.’’, and including partial displacement through re- ket for energy resources, technologies, and (B) in paragraph (6)(A), by inserting ‘‘made duction of non-overtime hours, wages, or em- expertise for the benefit of the United States by the taxpayer’’ after ‘‘any improvement’’, ployment benefits; and United States allies and trading part- and (B) result in the use of an individual under ners; (2) in the table contained in subsection the Department of Energy Experienced ‘‘(III) resolve international disputes re- (g)(3)(B)— Worker Program for a job or function in a garding the exploration, development, pro- (A) by striking the item relating to sub- case in which a Federal employee is in a lay- duction, or distribution of energy resources; paragraph (D)(v), and off status from the same or substantially ‘‘(IV) support the economic, security, and (B) by inserting after the item relating to equivalent job within the Department; or commercial interests of United States per- subparagraph (E)(vi) the following new item: (C) affect existing contracts for services. sons operating in the energy markets of for- ‘‘(E)(vii) ...... 20’’. eign countries; and (b) EFFECTIVE DATE.—The amendments SA 1453. Mr. MENENDEZ submitted ‘‘(V) support and coordinate international made by this section shall take effect as if an amendment intended to be proposed efforts to— included in section 13204 of Public Law 115– by him to the bill S. 2657, to support in- ‘‘(aa) alleviate energy poverty; 97. novation in advanced geothermal re- ‘‘(bb) protect vulnerable, exploited, and un- derserved populations that are affected or search and development, and for other SA 1451. Mr. RISCH (for himself and displaced by energy development projects; purposes; which was ordered to lie on Mr. CRAPO) submitted an amendment ‘‘(cc) account for and mitigate greenhouse intended to be proposed to amendment the table; as follows: gas emission from energy development projects; and SA 1407 submitted by Ms. MURKOWSKI SEC. ll. ENERGY DIPLOMACY AND SECURITY ‘‘(dd) increase access to energy for vulner- and intended to be proposed to the bill WITHIN THE DEPARTMENT OF STATE. able and underserved communities; S. 2657, to support innovation in ad- (a) IN GENERAL.—Section 1(c) of the State ‘‘(vi) leading the United States commit- vanced geothermal research and devel- Department Basic Authorities Act of 1956 (22 ment to the Extractive Industries Trans- opment, and for other purposes; which U.S.C. 2651a(c)) is amended— parency Initiative; was ordered to lie on the table; as fol- (1) by redesignating paragraph (4) as para- ‘‘(vii) coordinating within the Department lows: graph (5); and of State and with relevant Federal depart- On page 325, line 19, strike ‘‘delivery’’. (2) by inserting after paragraph (3) the fol- ments and agencies on developing and imple- On page 325, line 25, strike ‘‘and’’. lowing new paragraph: menting international energy-related sanc- On page 326, line 4, insert ‘‘and’’ after the ‘‘(4) ENERGY RESOURCES.— tions; and semicolon. ‘‘(A) AUTHORIZATION FOR ASSISTANT SEC- ‘‘(viii) coordinating energy security and On page 326, between lines 4 and 5, insert RETARY.—Subject to the numerical limita- climate security and other relevant func- the following: tion specified in paragraph (1), there is au- tions within the Department of State cur- (v) the generation of heat used, directly or thorized to be established in the Department rently undertaken by— through an energy storage system, in a vari- of State an Assistant Secretary of State for ‘‘(I) the Bureau of Economic and Business ety of processes that may include elec- Energy Resources. Affairs of the Department of State; tricity, hydrogen, or other industrial appli- ‘‘(B) ESTABLISHMENT.—The Assistant Sec- ‘‘(II) the Bureau of Oceans and Inter- cations; retary established by this section shall be re- national Environmental and Scientific Af- sponsible for the execution of diplomatic ac- fairs of the Department of State; and SA 1452. Mr. RISCH (for himself and tivities related to, and support for the ad- ‘‘(III) other offices within the Department Mr. KAINE) submitted an amendment vancement of foreign policy dedicated to, en- of State.’’.

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(b) CONFORMING AMENDMENT.—Section 931 (1) establish a testing process under the ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible of the Energy Independence and Security Act program to test the cybersecurity of prod- entity’ means— of 2007 (42 U.S.C. 17371) is amended— ucts and technologies intended for use in the ‘‘(A) a public power group; (1) by striking subsections (a) and (b); and bulk-power system, including products relat- ‘‘(B) a community development financial (2) by redesignating subsections (c) and (d) ing to industrial control systems and oper- institution; and as subsections (a) and (b), respectively. ational technologies, such as supervisory ‘‘(C) an eligible unit of local government. control and data acquisition systems; ‘‘(3) ELIGIBLE UNIT OF LOCAL GOVERNMENT.— SA 1454. Ms. ROSEN (for herself and (2) for products and technologies tested The term ‘eligible unit of local government’ Mrs. CAPITO) submitted an amendment under the program, establish and maintain means any agency or political subdivision of intended to be proposed to amendment cybersecurity vulnerability reporting proc- a State. ‘‘(4) ENERGY EFFICIENCY MEASURES.—The SA 1407 submitted by Ms. MURKOWSKI esses and a related database; term ‘energy efficiency measures’ means, and intended to be proposed to the bill (3) provide technical assistance to electric utilities, product manufacturers, and other with respect to a property served by or in the S. 2657, to support innovation in ad- electricity sector stakeholders to develop so- service area or jurisdiction, as applicable, of vanced geothermal research and devel- lutions to mitigate identified cybersecurity an eligible entity, structural improvements opment, and for other purposes; which vulnerabilities in products and technologies and investments in cost-effective commer- was ordered to lie on the table; as fol- tested under the program; cial technologies to increase energy effi- lows: (4) biennially review products and tech- ciency (including cost-effective on- or off- grid renewable energy, energy storage, or de- In section 2304(a)(6), strike ‘‘and nologies tested under the program for cyber- mand response systems). socioeconomically disadvantaged individ- security vulnerabilities and provide analysis ‘‘(5) HOUSEHOLD WITH A HIGH ENERGY BUR- uals’’ and insert ‘‘socioeconomically dis- with respect to how those products and tech- DEN.— advantaged individuals, and individuals in nologies respond to and mitigate cyber ‘‘(A) IN GENERAL.—The term ‘household rural areas’’. threats; with a high energy burden’ means a low-in- In section 2304(b)(3)(F), strike ‘‘and (5) develop guidance that is informed by come household the residential energy bur- socioeconomically disadvantaged individ- analysis and testing results under the pro- den of which exceeds the median energy bur- uals,’’ and insert ‘‘socioeconomically dis- gram for electric utilities for the procure- den for all low-income households in the advantaged individuals, and individuals in ment of products and technologies; (6) provide reasonable notice to, and solicit State in which the low-income household is rural areas,’’. located. In section 2304(c)(1)(C), strike clauses (iii) comments from, the public prior to estab- ‘‘(B) CALCULATION.—The residential energy and (iv) and insert the following: lishing or revising the testing process under burden referred to in subparagraph (A) is the (iii) increase outreach to displaced and un- the program; quotient obtained by dividing residential en- employed energy sector workers; (7) oversee testing of products and tech- nologies under the program; and ergy expenditures by the annual income of (iv) make resources available to provide the low-income household. training to displaced and unemployed energy (8) consider incentives to encourage the use of analysis and results of testing under ‘‘(6) INDIAN TRIBE.—The term ‘Indian tribe’ sector workers to reenter the energy work- has the meaning given the term in section 4 force; and the program in the design of products and technologies for use in the bulk-power sys- of the Indian Self-Determination and Edu- (v) increase outreach and make resources cation Assistance Act (25 U.S.C. 5304). available to rural communities; and tem. ‘‘(7) MANUFACTURED HOME.—The term In section 2304(f)(1), strike ‘‘and displaced (c) DISCLOSURE OF INFORMATION.—Any cy- ‘manufactured home’— and unemployed energy workers’’ and insert bersecurity vulnerability reported pursuant ‘‘(A) has the meaning given the term in ‘‘displaced and unemployed energy workers, to a process established under subsection section 603 of the National Manufactured and individuals in rural areas’’. (b)(2), the disclosure of which the Secretary Housing Construction and Safety Standards In section 2304(f)(2), strike subparagraphs reasonably foresees would cause harm to Act of 1974 (42 U.S.C. 5402); and (B) and (C) and insert the following: critical electric infrastructure (as defined in ‘‘(B) includes a home described in subpara- (B) institutions that serve veterans, with section 215A(a) of the Federal Power Act (16 graph (A) without regard to whether the the objective of increasing the number vet- U.S.C. 824o–1(a)), shall be considered to be home was built before, on, or after the date erans in the energy industry by ensuring critical electric infrastructure information on which the construction and safety stand- that veterans have the credentials and train- for purposes of section 215A(d) of the Federal ards established under section 604 of that Act ing necessary to secure careers in the energy Power Act (16 U.S.C. 824o–1(d)). (42 U.S.C. 5403) became effective. industry; (d) FEDERAL GOVERNMENT LIABILITY.— ‘‘(8) PROGRAM.—The term ‘program’ means (C) institutions that serve displaced and Nothing in this section authorizes the com- the program established under subsection unemployed energy workers to increase the mencement of an action against the United (c). number of individuals trained for jobs in the States with respect to the testing of a prod- ‘‘(9) PUBLIC POWER GROUP.—The term ‘pub- energy industry; and uct or technology under the program. lic power group’ means— (D) rural-serving institutions of higher ‘‘(A) a public utility; education; SA 1456. Mr. MERKLEY submitted an In section 2304(f)(3), strike ‘‘and displaced amendment intended to be proposed to ‘‘(B) an electric or energy cooperative; ‘‘(C) a public power district; and and unemployed energy workers’’ and insert amendment SA 1407 submitted by Ms. ‘‘displaced and unemployed energy workers, ‘‘(D) a group of 1 or more public utilities or MURKOWSKI and intended to be pro- electric or energy cooperatives (commonly and individuals in rural areas’’. posed to the bill S. 2657, to support in- In section 2304(f)(4), strike ‘‘and displaced referred to as a ‘joint action agency’, ‘gen- and unemployed energy workers’’ and insert novation in advanced geothermal re- eration and transmission cooperative’, ‘mu- ‘‘displaced and unemployed energy workers, search and development, and for other nicipal power association’, or ‘State coopera- and individuals in rural areas’’ purposes; which was ordered to lie on tive association’). the table; as follows: ‘‘(10) QUALIFIED CONSUMER.—The term ‘qualified consumer’ means a consumer SA 1455. Ms. ROSEN submitted an At the end of chapter 1 of subpart A of part served by or in the service area or jurisdic- amendment intended to be proposed to I of subtitle A of title I, add the following: tion, as applicable, of an eligible entity that amendment SA 1407 submitted by Ms. SEC. 1lll. COMMUNITY ENERGY SAVINGS PRO- has the ability to repay a loan made under MURKOWSKI and intended to be pro- GRAM. subsection (f), as determined by the eligible posed to the bill S. 2657, to support in- (a) IN GENERAL.—The Energy Policy and entity. Conservation Act is amended by inserting novation in advanced geothermal re- ‘‘(11) SECRETARY.—The term ‘Secretary’ search and development, and for other after section 362 (42 U.S.C. 6322) the fol- means the Secretary of Energy. lowing: purposes; which was ordered to lie on ‘‘(12) STATE.—The term ‘State’ means— the table; as follows: ‘‘SEC. 362A. COMMUNITY ENERGY SAVINGS PRO- ‘‘(A) a State; GRAM. ‘‘(B) the District of Columbia; At the end of part I of subtitle B of title II, ‘‘(a) PURPOSE.—The purpose of this section ‘‘(C) the Commonwealth of Puerto Rico; add the following: is to help households and small businesses and SEC. 220l. CYBER SENSE PROGRAM. achieve cost savings by providing loans to ‘‘(D) any other territory or possession of (a) IN GENERAL.—The Secretary shall es- implement cost-effective energy efficiency the United States. tablish a voluntary Cyber Sense program (re- measures. ‘‘(c) ESTABLISHMENT.—Not later than 120 ferred to in the section as the ‘‘program’’) to ‘‘(b) DEFINITIONS.—In this section: days after the date of enactment of this sec- test the cybersecurity of products and tech- ‘‘(1) COMMUNITY DEVELOPMENT FINANCIAL tion, the Secretary shall establish a program nologies intended for use in the bulk-power INSTITUTION.—The term ‘community develop- under which the Secretary shall provide system (as defined in section 215(a) of the ment financial institution’ means a financial grants to States and Indian tribes to provide Federal Power Act (16 U.S.C. 824o(a)). institution certified by the Community De- loans to eligible entities in accordance with (b) PROGRAM REQUIREMENTS.—In carrying velopment Financial Institutions Fund ad- this section. out subsection (a), the Secretary shall— ministered by the Secretary of the Treasury. ‘‘(d) GRANT FUND ALLOCATION.—

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‘‘(1) IN GENERAL.—Of the amount appro- ‘‘(vi) give priority to providing loans to ‘‘(A) IN GENERAL.—A loan made by an eligi- priated under subsection (k) for each fiscal qualified consumers that own homes or other ble entity to a qualified consumer using loan year, the Secretary shall allocate as grant real property that pose health risks to the funds provided by a State or Indian tribe funds— occupants of the property that may be miti- under subsection (e)— ‘‘(A) 98 percent to be provided to States in gated by energy efficiency measures, as de- ‘‘(i) shall be used to finance energy effi- accordance with paragraph (2); and termined by the State or Indian tribe. ciency measures for the purpose of decreas- ‘‘(B) 2 percent to be provided to Indian ‘‘(B) REVISION OF LIST OF ENERGY EFFI- ing the energy use or costs of the qualified tribes in accordance with paragraph (3). CIENCY MEASURES.—Subject to the approval consumer by an amount that ensures, to the ‘‘(2) ALLOCATION TO STATES.—Of the of the State or Indian tribe, as applicable, an maximum extent practicable, that the appli- amount allocated for all States under para- eligible entity may update the list required cable loan term described in subparagraph graph (1)(A), the Secretary shall— under subparagraph (A)(i) to account for (B) shall not be an undue financial burden on ‘‘(A) allocate not less than 1 percent to newly available efficiency technologies. the qualified consumer, as determined by the each State described in subparagraphs (A) ‘‘(C) EXISTING ENERGY EFFICIENCY PRO- eligible entity; through (C) of subsection (b)(12); GRAMS.—An eligible entity that has estab- ‘‘(ii) shall not be used to fund purchases of, ‘‘(B) allocate not less than 0.5 percent to lished an energy efficiency program for or modifications to, personal property unless each State described in subparagraph (D) of qualified consumers before the date of enact- the personal property is or becomes attached that subsection; and ment of this section may use an existing list to real property as a fixture; ‘‘(C) of the amount remaining after the al- of energy efficiency measures, implementa- ‘‘(iii) may be used to upgrade a manufac- locations under subparagraphs (A) and (B), tion plan, and measurement and verification tured home, regardless of the classification allocate funds to States based on the popu- system for that program to satisfy the appli- of the home as real or personal property; and lation of each State as determined in the lat- cable requirements under subparagraph (A), ‘‘(iv) may be used to finance the replace- est available decennial census conducted if the State or Indian tribe, as applicable, de- ment of a manufactured home— under section 141(a) of title 13, United States termines that the list, plan, or system, as ‘‘(I) if the cost of upgrading the manufac- Code. applicable, is consistent with the purposes of tured home is excessive, as determined by ‘‘(3) ALLOCATION TO INDIAN TRIBES.—Of the this section. the eligible entity; and amount allocated for Indian tribes under ‘‘(5) NO INTEREST.—A loan under this sub- ‘‘(II) with priority given to a manufactured paragraph (1)(B), the Secretary shall allocate section shall bear no interest. home that was constructed before June 15, funds to each Indian tribe participating in ‘‘(6) TERM.—The term of a loan provided to 1976. the program during that fiscal year based on an eligible entity under paragraph (1) shall ‘‘(B) LOAN TERM DESCRIBED.—The loan term a formula established by the Secretary that not exceed 20 years after the date on which referred to in subparagraph (A)(i) is— takes into account any factor that the Sec- the loan is issued. ‘‘(i) in the case of a manufactured home re- retary determines to be appropriate. ‘‘(7) ADVANCE.— placement, not more than 20 years; and ‘‘(4) PUBLICATION OF ALLOCATION FOR- ‘‘(A) IN GENERAL.—In providing a loan to ‘‘(ii) in the case of any other energy effi- MULAS.—Not later than 90 days before the be- an eligible entity under paragraph (1), a ginning of each fiscal year for which grants State or Indian tribe may provide an ad- ciency measure, not more than 15 years. are provided to States and Indian tribes vance of loan funds on request of the eligible ‘‘(2) REPAYMENT.— under this section, the Secretary shall pub- entity. ‘‘(A) IN GENERAL.—Subject to subparagraph lish in the Federal Register the formulas for ‘‘(B) AMOUNT LIMITATION.—Any advance (B), a loan described in paragraph (1)(A) shall allocation established under this subsection. provided to an eligible entity under subpara- be repaid by the qualified consumer through ‘‘(5) ADMINISTRATIVE COSTS.—Of the graph (A) in any single year shall not exceed charges added to an existing or new electric amount allocated to a State or Indian tribe 50 percent of the approved loan amount. or recurring service bill for the property of under this subsection, not more than 15 per- ‘‘(C) REPAYMENT.—The repayment of an ad- the qualified consumer for, or at which, en- cent shall be used by the State or Indian vance under subparagraph (A) shall be amor- ergy efficiency measures are being imple- tribe for the administrative costs of admin- tized for a period of not more than 10 years. mented. istering loans. ‘‘(8) SPECIAL ADVANCE FOR START-UP ACTIVI- ‘‘(B) ALTERNATIVE REPAYMENT.—Repay- ment under subparagraph (A) shall not pre- ‘‘(e) LOANS BY STATES AND INDIAN TRIBES TIES.— clude— TO ELIGIBLE ENTITIES.— ‘‘(A) IN GENERAL.—In providing a loan to ‘‘(i) the voluntary prepayment of the loan ‘‘(1) IN GENERAL.—Under the program, a an eligible entity under paragraph (1), a by the qualified consumer; or State or Indian tribe shall make loans to eli- State or Indian tribe may provide a special ‘‘(ii) the use of any additional repayment gible entities to make loans to qualified con- advance on request of the eligible entity for mechanism, including a tariffed on-bill sumers— assistance in defraying the start-up costs of mechanism, that— ‘‘(A) to implement cost-effective energy ef- the eligible entity, as determined by the ficiency measures; and State or Indian tribe, as applicable, of pro- ‘‘(I) has appropriate risk mitigation fea- ‘‘(B) in accordance with subsection (f). viding loans to qualified consumers under tures, as determined by the eligible entity; or ‘‘(2) STATE ENERGY OFFICES.—A State shall subsection (f). carry out paragraph (1) through the State ‘‘(B) LIMITATION.—A special advance shall ‘‘(II) is required due to the qualified con- energy office that is responsible for devel- be provided to an eligible entity under sub- sumer no longer being a customer of the eli- oping a State energy conservation plan paragraph (A) only during the 10-year period gible entity. under section 362. beginning on the date on which the loan is ‘‘(3) ENERGY ASSESSMENT.— ‘‘(3) PRIORITY.—In making loans under issued to that eligible entity. ‘‘(A) IN GENERAL.—Prior to the installation paragraph (1), a State or Indian tribe shall ‘‘(C) AMOUNT.—The amount of a special ad- of energy efficiency measures at the prop- give priority to public power groups. vance provided under subparagraph (A) shall erty of a qualified consumer that receives a ‘‘(4) REQUIREMENTS.— not be greater than 5 percent of the approved loan from an eligible entity under this sec- ‘‘(A) IN GENERAL.—Subject to subparagraph loan amount. tion, and to assist in the selection of the en- (C), as a condition of receiving a loan under ‘‘(D) REPAYMENT.—Repayment of a special ergy efficiency measures to be installed, the this subsection, an eligible entity shall— advance provided under subparagraph (A)— eligible entity shall conduct an energy as- ‘‘(i) establish a list of energy efficiency ‘‘(i) shall be required during the 10-year pe- sessment or audit to determine the impact of measures that are expected to decrease the riod beginning on the date on which the spe- proposed energy efficiency measures on— energy use or costs of qualified consumers; cial advance is made; and ‘‘(i) the energy costs and consumption of ‘‘(ii) prepare an implementation plan for ‘‘(ii) may be deferred to the end of the 10- the qualified consumer; and use of the loan funds, including the use of year period described in clause (i) at the ‘‘(ii) the health and safety of the occupants any interest to be received under subsection election of the eligible entity. of the property on which the energy effi- (f)(4); ‘‘(9) REVOLVING LOAN FUND.— ciency measures are to be installed. ‘‘(iii) establish an appropriate measure- ‘‘(A) IN GENERAL.—As a condition of par- ‘‘(B) FIELD OR ONLINE ASSESSMENT.—An en- ment and verification system to ensure— ticipating in the program, a State or Indian ergy assessment or audit under subparagraph ‘‘(I) the effectiveness of the energy effi- tribe shall use the funds repaid to the State (A) may be conducted in the field or online, ciency loans made by the eligible entity; and or Indian tribe under loans offered under this as determined by the State or Indian tribe ‘‘(II) that there is no conflict of interest in subsection to issue new loans under this sub- that has issued a loan to the eligible entity any loan provided by the eligible entity; section. under subsection (e). ‘‘(iv) demonstrate expertise in the effective ‘‘(B) ADMINISTRATIVE COSTS.—Not more ‘‘(4) INTEREST.—A loan described in para- implementation of energy efficiency meas- than 10 percent of the repaid funds described graph (1)(A) may bear interest, not to exceed ures; in subparagraph (A) may be used for the ad- 5 percent, which may be used— ‘‘(v) ensure that a portion of the loan ministrative cost of issuing new loans from ‘‘(A) to establish a loan loss reserve for the funds, which may be determined by the State those repaid funds under this subsection. eligible entity; or Indian tribe, are used to provide loans to ‘‘(f) LOANS BY ELIGIBLE ENTITIES TO QUALI- ‘‘(B) to offset the personnel and program qualified consumers that are households FIED CONSUMERS.— costs of the eligible entity in providing the with a high energy burden; and ‘‘(1) USE OF LOAN.— loan; and

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00155 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.068 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1428 CONGRESSIONAL RECORD — SENATE March 3, 2020 ‘‘(C) for any other related purpose, as de- ‘‘(ii) directly to qualified consumers; ‘‘(i) exhaust heat or flared gas from an in- termined by the eligible entity, in consulta- ‘‘(C) the eligible entities that are the re- dustrial process that does not have, as its tion with the State or Indian tribe that has cipients of the loans described in subpara- primary purpose, the production of elec- issued a loan to the eligible entity under graph (B)(i); and tricity, and subsection (e). ‘‘(D) the manner in which the program was ‘‘(ii) a pressure drop in any gas for an in- ‘‘(5) OUTSIDE CONTRACTS.—An eligible enti- advertised to eligible entities and the gen- dustrial or commercial process. ty may enter into 1 or more contracts with eral public. ‘‘(C) LIMITATIONS.— 1 or more qualified entities, as determined ‘‘(2) CONSULTATION.—The Secretary shall ‘‘(i) IN GENERAL.—For purposes of sub- by the State or Indian tribe that has issued consult with and obtain information from section (a)(1), the basis of any waste heat to a loan to the eligible entity under subsection States and Indian tribes in preparing the re- power property taken into account under (e)— port submitted under paragraph (1). this section shall not exceed the excess of— ‘‘(A) to assist the eligible entity in admin- ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(I) the basis of such property, over istering the loans described in paragraph ‘‘(1) IN GENERAL.—There is authorized to be ‘‘(II) the fair market value of comparable (1)(A); and appropriated to the Secretary to carry out property which does not have the capacity to ‘‘(B) to carry out any of the requirements this section $150,000,000 for each of fiscal capture and convert a (qualified waste heat of the eligible entity described in subsection years 2021 through 2026. resource to electricity. (e)(4)(A). ‘‘(2) SUPPLEMENT NOT SUPPLANT.—The fund- ‘‘(ii) CAPACITY LIMITATION.—The term ‘‘(g) DIRECT LOANS FROM STATES AND IN- ing provided to a State or Indian tribe under ‘waste heat to power property’ shall not in- DIAN TRIBES.—A State or Indian tribe may subsection (d) for each fiscal year shall be clude any property comprising a system if act as an eligible entity under subsection (f) used to supplement, not supplant, any Fed- such system has a capacity in excess of 50 to provide loans directly to qualified con- eral, State, or other funds otherwise made megawatts.’’. sumers— available to that State or Indian tribe (c) EFFECTIVE DATE.—The amendments ‘‘(1) in accordance with that subsection; under— made by this section shall apply to periods and ‘‘(A) a State energy conservation plan es- after the date of enactment of this Act, in ‘‘(2) if the State or Indian tribe satisfies tablished under part D of title III of the En- taxable years ending after such date, under the requirements under subsection (e)(4), as ergy Policy and Conservation Act (42 U.S.C. rules similar to the rules of section 48(m) of determined by the Secretary. 6321 et seq.); or the Internal Revenue Code of 1986 (as in ef- ‘‘(h) PROGRAM ADMINISTRATION.— ‘‘(B) the Weatherization Assistance Pro- fect on the day before the date of the enact- ‘‘(1) PLAN.—Not later than 120 days after gram for Low-Income Persons established ment of the Revenue Reconciliation Act of the date of enactment of this section, the under part A of title IV of the Energy Con- 1990). Secretary shall establish and begin carrying servation and Production Act (42 U.S.C. 6861 out a plan— et seq.).’’. SA 1458. Mr. TOOMEY submitted an ‘‘(A) to measure and verify the success of (b) STATE ENERGY CONSERVATION PLANS.— amendment intended to be proposed to the program in implementing energy effi- Section 362(d)(5) of the Energy Policy and ciency measures; Conservation Act (42 U.S.C. 6322(d)(5)) is amendment SA 1407 submitted by Ms. ‘‘(B) provide training to the employees of amended— MURKOWSKI and intended to be pro- eligible entities relating to carrying out the (1) in subparagraph (A), by striking ‘‘or’’ at posed to the bill S. 2657, to support in- requirements of eligible entities under this the end; novation in advanced geothermal re- section; and (2) in subparagraph (B), by inserting ‘‘or’’ search and development, and for other ‘‘(C) provide technical assistance to States, after the semicolon; and purposes; which was ordered to lie on Indian tribes, and eligible entities relating (3) by adding at the end the following: the table; as follows: to carrying out the requirements of this sec- ‘‘(C) which may include the community en- At the end, add the following: tion. ergy savings program under section 362A;’’. ‘‘(2) PUBLIC AWARENESS.—Not later than 120 (c) TECHNICAL AMENDMENT.—The table of TITLE IV—MISCELLANEOUS days after the date of enactment of this sec- contents for the Energy Policy and Con- SEC. 4001. SENSE OF THE SENATE REGARDING tion, the Secretary shall establish and begin servation Act (Public Law 94–163; 89 Stat. STATE PRIMACY WITH RESPECT TO carrying out a plan to make eligible entities 872) is amended by inserting after the item THE REGULATION OF HYDRAULIC and the general public aware of the program, relating to section 362 the following: FRACTURING ON STATE LAND AND PRIVATE LAND. including by developing a marketing pro- ‘‘Sec. 362A. Community energy savings pro- gram to raise awareness of the program. gram.’’. It is the sense of the Senate that— (1) States maintain primacy for the regula- ‘‘(3) OUTSIDE CONTRACTS.— tion of hydraulic fracturing for oil and nat- ‘‘(A) IN GENERAL.—The Secretary may SA 1457. Mr. CARPER (for himself enter into 1 or more contracts with 1 or more and Mr. CARDIN) submitted an amend- ural gas production on State land and pri- qualified entities, as determined by the Sec- ment intended to be proposed to vate land; retary, to carry out paragraphs (1) and (2). amendment SA 1407 submitted by Ms. (2) the President has no authority to de- clare a moratorium on the use of hydraulic ‘‘(B) USE OF SUBCONTRACTORS AUTHOR- MURKOWSKI and intended to be pro- fracturing on State land and private land; IZED.—A qualified entity that enters into a posed to the bill S. 2657, to support in- contract with the Secretary under subpara- and novation in advanced geothermal re- (3) the President should not attempt to de- graph (A) may use 1 or more subcontractors search and development, and for other to assist the qualified entity in carrying out clare a moratorium on the use of hydraulic the contract. purposes; which was ordered to lie on fracturing on Federal land (including the outer Continental Shelf) or land held in trust ‘‘(4) ACCOUNTING.—The Secretary, and each the table; as follows: State and Indian tribe participating in the At the end, add the following: for an Indian Tribe, unless the moratorium program, shall take appropriate steps to TITLE IV—AMENDMENTS TO THE is authorized by an Act of Congress. streamline the accounting requirements for INTERNAL REVENUE CODE OF 1986 SA 1459. Ms. MURKOWSKI (for Mr. eligible entities under the program while SEC. 4001. INVESTMENT CREDIT FOR WASTE maintaining adequate assurances of the re- HEAT TO POWER PROPERTY. PETERS (for himself and Mr. PORTMAN)) payment of the loans made to those eligible (a) IN GENERAL.—Section 48(a)(3)(A) of the proposed an amendment to the bill S. entities under the program. Internal Revenue Code of 1986 is amended— 1869, to require the disclosure of owner- ‘‘(i) EFFECT ON AUTHORITY.—Nothing in (1) at the end of clause (vi), by striking ship of high-security space leased to this section shall impede, impair, or modify ‘‘or’’; accommodate a Federal agency, and (2) at the end of clause (vii), by inserting the authority of the Secretary to offer loans for other purposes; as follows: or grants under any other law. ‘‘or’’ after the comma; and Strike all after the enacting clause and in- ‘‘(j) REPORT.— (3) by adding at the end the following: sert the following: ‘‘(1) IN GENERAL.—Not later than 15 months ‘‘(viii) waste heat to power property,’’. after the date on which the program is estab- (b) DEFINITIONS AND LIMITATIONS.—Section SECTION 1. SHORT TITLE; FINDINGS. lished, and 90 days after the end of each fis- 48(c) of the Internal Revenue Code of 1986 is (a) SHORT TITLE.—This Act may be cited as cal year for each fiscal year thereafter, the amended by adding at the end the following: the ‘‘Secure Federal Leases from Espionage ‘‘(5) WASTE HEAT TO POWER PROPERTY.— Secretary shall submit to the appropriate And Suspicious Entanglements Act’’ or the ‘‘(A) IN GENERAL.—The term ‘waste heat to committees of Congress and make publicly power property’ means property— ‘‘Secure Federal LEASEs Act’’. available a report that describes, with re- ‘‘(i) comprising a system which generates (b) FINDINGS.—Congress finds that— spect to the program— electricity through the recovery of a quali- (1) the Government Accountability Office ‘‘(A) the number of applications received fied waste heat resource, and has reported that the Federal Government by each State and Indian tribe from eligible ‘‘(ii) the construction of which begins be- often leases high-security space from private entities for that fiscal year; fore January 1, 2027. sector landlords; ‘‘(B) the number of loans made by each ‘‘(B) QUALIFIED WASTE HEAT RESOURCE.— (2) the General Services Administration State and Indian tribe for that fiscal year— The term ‘qualified waste heat resource’ collects highest-level and immediate owner- ‘‘(i) to eligible entities; and means— ship information through the System for

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Award Management, but it is not currently (B) does not include the head of an element (c) TIMING.— required to collect beneficial ownership in- of the intelligence community. (1) IN GENERAL.—A Federal lessee shall re- formation and lacks an adequate system for (7) FEDERAL TENANT.—The term ‘‘Federal quire a covered entity to provide the infor- doing so; tenant’’— mation described in subsection (a) when first (3) the General Services Administration (A) means a Federal agency that is occu- submitting a proposal in response to a solici- and Federal agencies with leasing authority pying or will occupy a high-security leased tation for offers issued by the Federal lessee. may not know if foreign owners have a stake space for which a lease agreement has been (2) UPDATES.—A Federal lessee shall re- in the buildings leased by the agencies, ei- secured on behalf of the Federal agency; and quire a covered entity to submit an update of ther through foreign-incorporated legal enti- (B) does not include an element of the in- the information described in subsection (a) ties or through ownership in United States- telligence community. annually, beginning on the date that is 1 incorporated legal entities, even when the (8) FOREIGN ENTITY.—The term ‘‘foreign en- year after the date on which the Federal ten- leased space is used for classified operations tity’’ means a covered entity that is ant began occupancy, with information in- or to store sensitive data; and headquartered or incorporated in a country cluding— (4) according to a report of the Govern- that is not the United States. (A) the list of immediate or highest-level ment Accountability Office, dated January (9) FOREIGN PERSON.—The term ‘‘foreign owners of the covered entity during the pre- 2017, that examined the risks of foreign own- person’’ means an individual who is not a ceding 1-year period of Federal occupancy; or ership of Government-leased real estate, United States person. (B) the information required to be provided ‘‘leasing space in foreign-owned buildings (10) HIGH-SECURITY LEASED SPACE.—The relating to each such immediate or highest- could present security risks such as espio- term ‘‘high-security leased space’’ means a level owner. nage and unauthorized cyber and physical space leased by a Federal lessee that— SEC. 4. IMMEDIATE, HIGHEST-LEVEL, AND BENE- access’’. (A) will be occupied by Federal employees FICIAL OWNERS. SEC. 2. DEFINITIONS. for nonmilitary activities; and (a) PLAN.—The General Services Adminis- In this Act: (B) has a facility security level of III, IV, tration shall develop a Government-wide (1) BENEFICIAL OWNER.— or V, as determined by the Federal tenant in plan for identifying all immediate, highest- (A) IN GENERAL.—Except as provided in consultation with the Interagency Security level, or beneficial owners of high-security subparagraph (B), the term ‘‘beneficial Committee, the Department of Homeland Se- leased spaces before entering into a lease owner’’ means, with respect to a covered en- curity, and the General Services Administra- agreement with a covered entity for the ac- tity, each natural person who, directly or in- tion. commodation of a Federal tenant in a high- directly, through any contract, arrange- (11) HIGHEST-LEVEL OWNER.—The term security leased space. ment, understanding, relationship, or other- ‘‘highest-level owner’’ means the entity that (b) REQUIREMENTS.— wise— owns or controls an immediate owner of the (1) CONTENTS.—The plan described in sub- (i) exercises control over the covered enti- offeror of a lease, or that owns or controls 1 section (a) shall include a process for col- ty; or or more entities that control an immediate lecting and utilizing the following informa- (ii) has a substantial interest in or receives owner of the offeror. tion on each immediate, highest-level, or substantial economic benefits from the as- (12) IMMEDIATE OWNER.—The term ‘‘imme- beneficial owner of a high-security leased sets of the covered entity. diate owner’’ means an entity, other than space: (B) EXCEPTIONS.—The term ‘‘beneficial the offeror of a lease, that has direct control (A) Name. owner’’ does not include, with respect to a of the offeror, including ownership or inter- (B) Current residential or business street covered entity— locking management, identity of interests address. (i) a minor child; among family members, shared facilities and (C) An identifying number or document (ii) a person acting as a nominee, inter- equipment, and the common use of employ- mediary, custodian, or agent on behalf of an- that verifies identity as a United States per- ees. other person; son, foreign person, or foreign entity. (13) INTELLIGENCE COMMUNITY.—The term (iii) a person acting solely as an employee (2) DISCLOSURES AND NOTIFICATIONS.—The ‘‘intelligence community’’ has the meaning of the covered entity and whose control over plan described in subsection (a) shall— given the term in section 3 of the National or economic benefits from the covered entity (A) require the disclosure of any imme- Security Act of 1947 (50 U.S.C. 3003). derives solely from the employment status of diate, highest-level, or beneficial owner that (14) SUBSTANTIAL ECONOMIC BENEFITS.—The the person; is a foreign person; term ‘‘substantial economic benefits’’ (iv) a person whose only interest in the (B) require that, if the Federal lessee is as- means, with respect to a natural person de- covered entity is through a right of inherit- signing the building or other improvement scribed in paragraph (1)(A)(ii), having an en- ance, unless the person also meets the re- that will be used for high-security space to a titlement to the funds or assets of a covered quirements of subparagraph (A); or Federal tenant, the Federal tenant shall be (v) a creditor of the covered entity, unless entity that, as a practical matter, enables notified of the disclosure described in sub- the creditor also meets the requirements of the person, directly or indirectly, to control, paragraph (A); and subparagraph (A). manage, or direct the covered entity. (C) exclude collecting ownership informa- (15) UNITED STATES PERSON.—The term (C) ANTI-ABUSE RULE.—The exceptions tion on widely held pooled-investment vehi- under subparagraph (B) shall not apply if ‘‘United States person’’ means an individual cles, mutual funds, trusts, or other pooled- used for the purpose of evading, circum- who— investment vehicles. venting, or abusing the requirements of this (A) is a citizen of the United States; or (c) REPORT AND IMPLEMENTATION.—The Act. (B) is an alien lawfully admitted for per- General Services Administration shall— (2) CONTROL.—The term ‘‘control’’ means, manent residence in the United States. (1) not later than 1 year after the date of with respect to a covered entity— (16) WIDELY HELD.—The term ‘‘widely held’’ enactment of this Act, submit the plan de- (A) having the authority or ability to de- means a fund that has not less than 100 nat- scribed in subsection (a) to the Committee termine how a covered entity is utilized; or ural persons as direct or indirect investors. on Homeland Security and Governmental Af- (B) having some decision-making power for SEC. 3. DISCLOSURE OF OWNERSHIP OF HIGH-SE- fairs of the Senate and the Committee on the use of a covered entity. CURITY SPACE LEASED FOR FED- Oversight and Reform of the House of Rep- ERAL AGENCIES. (3) COVERED ENTITY.—The term ‘‘covered resentatives; (a) REQUIRED DISCLOSURES.—Before enter- entity’’ means— (2) not later than 2 years after the date of ing into a lease agreement with a covered en- (A) a person, corporation, company, busi- enactment of this Act, implement the plan tity or approving a novation agreement with ness association, partnership, society, trust, described in subsection (a); and a covered entity involving a change of own- or any other nongovernmental entity, orga- (3) not later than 1 year after the imple- ership under a lease that will be used for mentation of the plan described in sub- nization, or group; or high-security leased space, a Federal lessee section (a), and each year thereafter for 9 (B) any governmental entity or instrumen- shall require the covered entity to identify years, submit a report to the Committee on tality of a government. and disclose whether the immediate or high- Homeland Security and Governmental Af- (4) EXECUTIVE AGENCY.—The term ‘‘Execu- est-level owner of the leased space, including fairs of the Senate and the Committee on tive agency’’ has the meaning given the term an entity involved in the financing thereof, in section 105 of title 5, United States Code. is a foreign person or a foreign entity, in- Oversight and Reform of the House of Rep- (5) FEDERAL AGENCY.—The term ‘‘Federal cluding the country associated with the own- resentatives on the status of the implemen- agency’’ means any Executive agency or any ership entity. tation of the plan, including the number of establishment in the legislative or judicial (b) NOTIFICATION.—If a disclosure is made disclosures made under subsection (b)(2). branch of the Government. under subsection (a), the Federal lessee shall SEC. 5. OTHER SECURITY AGREEMENTS FOR (6) FEDERAL LESSEE.—The term ‘‘Federal notify the Federal tenant of the building or LEASED SPACE. lessee’’— other improvement that will be used for A lease agreement between a Federal les- (A) means the Administrator of General high-security space in writing, and consult see and a covered entity for the accommoda- Services, the Architect of the Capitol, or the with the Federal tenant, regarding security tion of a Federal agency in a building or head of any Federal agency, other than the concerns and necessary mitigation measures, other improvement that will be used for Department of Defense, that has independent if any, prior to award of the lease or ap- high-security leased space shall include lan- statutory leasing authority; and proval of the novation agreement. guage that provides that—

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00157 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.072 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1430 CONGRESSIONAL RECORD — SENATE March 3, 2020 (1) the covered entity and any member of Sec. 102. Person-centered, trauma-informed Sec. 217. National Family Caregiver Support the property management company who may services. program. be responsible for oversight or maintenance Sec. 103. Aging and Disability Resource Cen- Sec. 218. National Family Caregiver Support of the high-security leased space shall not— ters. program cap. (A) maintain access to the high-security Sec. 104. Assistive technology. TITLE III—MODERNIZING ACTIVITIES leased space; or Sec. 105. Vaccination. FOR HEALTH, INDEPENDENCE, AND (B) have access to the high-security leased Sec. 106. Malnutrition. LONGEVITY space without prior approval from the Fed- Sec. 107. Sexually transmitted diseases. Sec. 301. Reauthorization. eral tenant; Sec. 108. Addressing chronic pain manage- Sec. 302. Public awareness of traumatic (2) access to the high-security leased space ment. brain injury. or any property or information located with- Sec. 109. Screening for suicide risk. Sec. 303. Falls prevention and chronic dis- in that space will only be granted by the Sec. 110. Screening for fall-related trau- ease self-management edu- Federal tenant if the Federal tenant deter- matic brain injury; addressing cation. mines that the access is clearly consistent public health emergencies and Sec. 304. Demonstration to address negative with the mission and responsibilities of the emerging health threats; nega- health impacts associated with Federal tenant; and tive health effects associated social isolation. (3) the Federal lessee shall have written with social isolation. Sec. 305. Technical assistance and innova- procedures in place, signed by the Federal Sec. 111. Clarification regarding board and tion to improve transportation lessee and the covered entity, governing ac- care facilities. for older individuals. cess to the high-security leased space in case Sec. 112. Person-centered, trauma-informed Sec. 306. Grant program for of emergencies that may damage the leased services definition. multigenerational collabora- property. Sec. 113. Traumatic brain injury. tion. Sec. 114. Modernizing the review of applica- SEC. 6. APPLICABILITY. TITLE IV—SENIOR COMMUNITY SERVICE tions and providing technical Except where otherwise provided, this Act EMPLOYMENT PROGRAM shall apply with respect to any lease or no- assistance for disasters. Sec. 115. Increased focus of Assistant Sec- Sec. 401. Priority for the senior community vation agreement entered into on or after service employment program. the date of the enactment of this Act. retary on negative health ef- fects associated with social iso- Sec. 402. Authorization of appropriations. SA 1460. Ms. MURKOWSKI (for Mr. lation. TITLE V—ENHANCING GRANTS FOR NATIVE AMERICANS COTTON (for himself, Mr. MENENDEZ, Sec. 116. Notification of availability of or updates to policies, practices, Sec. 501. Reauthorization. Mr. MARKEY, Mr. GARDNER, Mr. BAR- and procedures through a uni- TITLE VI—MODERNIZING ALLOTMENTS RASSO, and Ms. WARREN)) proposed an form e-format. amendment to the resolution S. Res. FOR VULNERABLE ELDER RIGHTS Sec. 117. Evidence-based program adapta- PROTECTION ACTIVITIES AND OTHER 497, commemorating the life of Dr. Li tion. PROGRAMS Sec. 118. Business acumen provisions and Wenliang and calling for transparency Sec. 601. Reauthorization; vulnerable elder clarification regarding outside and cooperation from the Government rights protection activities. of the People’s Republic of China and funding for area agencies on Sec. 602. Volunteer State long-term care the Communist Party of China; as fol- aging. ombudsman representatives. lows: Sec. 119. Demonstration on direct care Sec. 603. Prevention of elder abuse, neglect, workers. In the second whereas clause of the pre- and exploitation. Sec. 120. National resource center for older Sec. 604. Principles for person-directed serv- amble, strike ‘‘on December 1, 2019’’ and in- individuals experiencing the sert ‘‘in early December 2019’’. ices and supports during serious long-term and adverse con- illness. Strike the ninth whereas clause of the pre- sequences of trauma. amble and insert the following: Sec. 605. Extension of the Supporting Grand- Sec. 121. National Resource Center for parents Raising Grandchildren Whereas the people of China expressed Women and Retirement. their grief and anger on social media after Act. Sec. 122. Family caregivers. Sec. 606. Best practices for home and com- the death of Dr. Li with the phrase ‘‘I want Sec. 123. Interagency coordination. munity-based ombudsmen. freedom of speech,’’ which was swiftly Sec. 124. Modernizing the Interagency Co- Sec. 607. Senior home modification assist- censored by the Government of the People’s ordinating Committee on ance initiative. Republic of China; Healthy Aging and Age-Friend- TITLE VII—MISCELLANEOUS ly Communities. SA 1461. Ms. MURKOWSKI (for Ms. Sec. 125. Professional standards for a nutri- Sec. 701. Technical corrections. COLLINS (for herself, Mr. CASEY, Mr. tion official under the Assist- SEC. 3. REFERENCES. ALEXANDER, Mrs. MURRAY, Ms. ant Secretary. Except as otherwise expressly provided in MCSALLY, Mr. JONES, Mrs. CAPITO, Ms. Sec. 126. Report on social isolation. this Act, wherever in this Act an amendment or repeal is expressed in terms of an amend- SMITH, Mr. GARDNER, Mr. PETERS, Mr. Sec. 127. Research and evaluation. ment to, or a repeal of, a section or other TITLE II—IMPROVING GRANTS FOR DAINES, Mr. REED, Mr. ROBERTS, Ms. provision, the reference shall be considered STATE AND COMMUNITY PROGRAMS HASSAN, Mr. KAINE, Mr. TILLIS, Ms. to be made to that section or other provision ON AGING MURKOWSKI, Mrs. GILLIBRAND, Mr. of the Older Americans Act of 1965 (42 U.S.C. GRASSLEY, Mr. SULLIVAN, Ms. SINEMA, Sec. 201. Social determinants of health. 3001 et seq.). Ms. ROSEN, Mr. SCOTT of Florida, and Sec. 202. Younger onset Alzheimer’s disease. SEC. 4. DEFINITIONS. Sec. 203. Reauthorization. Mrs. SHAHEEN)) proposed an amend- In this Act, the terms ‘‘area agency on Sec. 204. Hold harmless formula. aging’’, ‘‘Assistant Secretary’’, ‘‘greatest so- ment to the bill H.R. 4334, to amend Sec. 205. Outreach efforts. the Older Americans Act of 1965 to au- cial need’’, ‘‘older individual’’, and ‘‘Sec- Sec. 206. State Long-Term Care Ombudsman retary’’ have the meanings given such terms thorize appropriations for fiscal years program minimum funding and 2020 through 2024, and for other pur- in section 102 of the Older Americans Act of maintenance of effort. 1965 (42 U.S.C. 3002). poses; as follows: Sec. 207. Coordination with resource centers. TITLE I—MODERNIZING DEFINITIONS Strike all after the enacting clause and in- Sec. 208. Senior legal hotlines. Sec. 209. Increase in limit on use of allotted AND PROGRAMS UNDER THE ADMINIS- sert the following: TRATION ON AGING SECTION 1. SHORT TITLE. funds for State administrative SEC. 101. REAUTHORIZATION. This Act may be cited as the ‘‘Supporting costs. Section 216 (42 U.S.C. 3020f) is amended to Older Americans Act of 2020’’. Sec. 210. Improvements to nutrition pro- grams. read as follows: SEC. 2. TABLE OF CONTENTS. Sec. 211. Review of reports. ‘‘SEC. 216. AUTHORIZATION OF APPROPRIATIONS. The table of contents of this Act is as fol- Sec. 212. Other practices. ‘‘(a) IN GENERAL.—For purposes of carrying lows: Sec. 213. Screening for negative health ef- out this Act, there are authorized to be ap- Sec. 1. Short title. fects associated with social iso- propriated for administration, salaries, and Sec. 2. Table of contents. lation and traumatic brain in- expenses of the Administration $43,937,410 for Sec. 3. References. jury. fiscal year 2020, $46,573,655 for fiscal year Sec. 4. Definitions. Sec. 214. Supportive services and senior cen- 2021, $49,368,074 for fiscal year 2022, $52,330,158 TITLE I—MODERNIZING DEFINITIONS ters. for fiscal year 2023, and $55,469,968 for fiscal AND PROGRAMS UNDER THE ADMINIS- Sec. 215. Culturally appropriate, medically year 2024. TRATION ON AGING tailored meals. ‘‘(b) ADDITIONAL AUTHORIZATIONS.—There Sec. 101. Reauthorization. Sec. 216. Nutrition services study. are authorized to be appropriated—

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00158 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.072 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1431 ‘‘(1) to carry out section 202(a)(21) (relating (iii) by inserting after subparagraph (K) SEC. 111. CLARIFICATION REGARDING BOARD to the National Eldercare Locator Service), the following: AND CARE FACILITIES. $2,180,660 for fiscal year 2020, $2,311,500 for fis- ‘‘(L) assistive technology devices and serv- Section 102(35)(C) (42 U.S.C. 3002(35)(C)) is cal year 2021, $2,450,190 for fiscal year 2022, ices; and’’; and amended by striking ‘‘for purposes of sec- $2,597,201 for fiscal year 2023, and $2,753,033 (3) in section 411(a) (42 U.S.C. 3032(a))— tions 307(a)(12) and 712,’’. for fiscal year 2024; (A) in paragraph (2), by inserting ‘‘, aligned ‘‘(2) to carry out section 215, $1,988,060 for with evidence-based practice,’’ after ‘‘applied SEC. 112. PERSON-CENTERED, TRAUMA-IN- fiscal year 2020, $2,107,344 for fiscal year 2021, social research’’; and FORMED SERVICES DEFINITION. $2,233,784 for fiscal year 2022, $2,367,811 for fis- (B) in paragraph (10), by inserting ‘‘con- Section 102 (42 U.S.C. 3002) is amended— cal year 2023, and $2,509,880 for fiscal year sistent with section 508 of the Rehabilitation (1) by redesignating paragraphs (41) 2024; Act of 1973 (29 U.S.C. 794d)’’ after ‘‘other through (54) as paragraphs (42) through (55), ‘‘(3) to carry out section 202 (relating to technologies’’. respectively; and Elder Rights Support Activities under this SEC. 105. VACCINATION. (2) by inserting after paragraph (40) the fol- title), $1,371,740 for fiscal year 2020, $1,454,044 lowing: Section 102(14) (42 U.S.C. 3002(14)) is amend- for fiscal year 2021, $1,541,287 for fiscal year ‘‘(41) The term ‘person-centered, trauma- ed— 2022, $1,633,764 for fiscal year 2023, and informed’, with respect to services, means (1) in subparagraph (B), by inserting ‘‘im- $1,731,790 for fiscal year 2024; and services provided through an aging program munization status,’’ after ‘‘oral health,’’; and ‘‘(4) to carry out section 202(b) (relating to that— (2) in subparagraph (D), by inserting ‘‘in- the Aging and Disability Resource Centers), ‘‘(A) use a holistic approach to providing fectious disease, and vaccine-preventable dis- $8,687,330 for fiscal year 2020, $9,208,570 for fis- services or care; ease, as well as’’ after ‘‘cardiovascular dis- cal year 2021, $9,761,084 for fiscal year 2022, ‘‘(B) promote the dignity, strength, and ease),’’. $10,346,749 for fiscal year 2023, and $10,967,554 empowerment of victims of trauma; and for fiscal year 2024.’’. SEC. 106. MALNUTRITION. ‘‘(C) incorporate evidence-based practices SEC. 102. PERSON-CENTERED, TRAUMA-IN- The Older Americans Act of 1965 (42 U.S.C. based on knowledge about the role of trauma FORMED SERVICES. 3001 et seq.) is amended— in trauma victims’ lives.’’. Section 101(2) (42 U.S.C. 3001(2)) is amended (1) in section 102(14)(B), as amended by sec- SEC. 113. TRAUMATIC BRAIN INJURY. by inserting ‘‘(including access to person- tion 105(1), by inserting ‘‘(including screen- centered, trauma-informed services as appro- ing for malnutrition)’’ after ‘‘nutrition Section 102 (42 U.S.C. 3002), as amended by priate)’’ after ‘‘health’’. screening’’; and section 112, is further amended— SEC. 103. AGING AND DISABILITY RESOURCE (2) in section 330(1), by striking ‘‘and food (1) by redesignating paragraph (55) as para- CENTERS. insecurity’’ and inserting ‘‘, food insecurity, graph (56); and Section 102(4) (42 U.S.C. 3002(4)) is amend- and malnutrition’’. (2) by inserting after paragraph (54) the fol- ed— SEC. 107. SEXUALLY TRANSMITTED DISEASES. lowing: ‘‘(55) The term ‘traumatic brain injury’ has (1) in the matter preceding subparagraph Section 102(14)(D) (42 U.S.C. 3002(14)(D)), as the meaning given such term in section (A), by inserting ‘‘, in collaboration with (as amended by section 105(2), is further amend- 393B(d) of the Public Health Service Act (42 appropriate) area agencies on aging, centers ed by inserting ‘‘prevention of sexually U.S.C. 280b–1c(d)).’’. for independent living (as described in part C transmitted diseases,’’ after ‘‘vaccine-pre- of chapter 1 of title VII of the Rehabilitation ventable disease,’’. SEC. 114. MODERNIZING THE REVIEW OF APPLI- Act of 1973 (29 U.S.C. 796f et seq.)), and other CATIONS AND PROVIDING TECH- SEC. 108. ADDRESSING CHRONIC PAIN MANAGE- aging or disability entities’’ after ‘‘pro- NICAL ASSISTANCE FOR DISASTERS. vides’’; MENT. (a) REVIEW OF APPLICATIONS.—Section 202 (2) in subparagraph (B)— Section 102(14)(D) (42 U.S.C. 3002(14)(D)), as (42 U.S.C. 3012) is amended— (A) by inserting ‘‘services, supports, and’’ amended by section 107, is further amended (1) by amending subsection (a)(4) to read as after ‘‘plan for long-term’’; and by inserting ‘‘chronic pain management,’’ follows: (B) by inserting ‘‘and choices’’ after ‘‘de- after ‘‘substance abuse reduction,’’. ‘‘(4) administer the grants provided by this sires’’; and SEC. 109. SCREENING FOR SUICIDE RISK. Act, but not approve an application sub- (3) in subparagraph (D), by striking ‘‘part C Section 102(14)(G) (42 U.S.C. 3002(14)(G)) is mitted by an applicant for a grant for an ac- of title VII of the Rehabilitation Act of 1973 amended by inserting ‘‘and screening for sui- tivity under a provision of this Act for which (29 U.S.C. 796f et seq.), and other community- cide risk’’ after ‘‘depression’’. such applicant previously received a grant based entities,’’ and inserting ‘‘part C of under such provision unless the Assistant chapter 1 of title VII of the Rehabilitation SEC. 110. SCREENING FOR FALL-RELATED TRAU- MATIC BRAIN INJURY; ADDRESSING Secretary determines— Act of 1973, and other community-based enti- PUBLIC HEALTH EMERGENCIES AND ‘‘(A) the activity for which such applica- ties, including other aging or disability enti- EMERGING HEALTH THREATS; NEG- tion was submitted is being operated, or was ties,’’. ATIVE HEALTH EFFECTS ASSOCI- operated, effectively to achieve its stated ATED WITH SOCIAL ISOLATION. SEC. 104. ASSISTIVE TECHNOLOGY. purpose; and The Older Americans Act of 1965 (42 U.S.C. Section 102(14) (42 U.S.C. 3002(14)) is amend- ‘‘(B) such applicant has complied with the 3001 et seq.) is amended— ed— assurances provided to the Assistant Sec- (1) in section 102(8) (42 U.S.C. 3002(8)), by (1) by redesignating subparagraphs (H) retary with the application for such previous adding at the end the following: through (J), and subparagraphs (K) and (L), grant.’’; and ‘‘(C) The term ‘State assistive technology as subparagraphs (I) through (K), and sub- (2) by adding at the end the following: entity’ means the agency, office, or other en- paragraphs (M) and (O), respectively; tity designated under subsection (c)(1) of sec- (2) by inserting after subparagraph (G) the ‘‘(h) The Assistant Secretary shall publish, tion 4 of the Assistive Technology Act of 1998 following: on an annual basis, a list of centers and dem- (29 U.S.C. 3003) to carry out State activities ‘‘(H) screening for fall-related traumatic onstration projects funded under each title under such section.’’; brain injury and other fall-related injuries, of this Act. The Assistant Secretary shall (2) in section 306 (42 U.S.C. 3026)— coordination of treatment, rehabilitation ensure that this information is also directly (A) in subsection (a)(6)— and related services, and referral services re- provided to State agencies and area agencies (i) in subparagraph (G), by striking ‘‘; and’’ lated to such injury or injuries;’’; on aging.’’. and inserting a semicolon; (3) by inserting after subparagraph (K), as (b) ADDRESSING THE NEEDS OF OLDER INDI- (ii) in subparagraph (H), by striking ‘‘ap- redesignated by paragraph (1), the following: VIDUALS IN DISASTERS.—Section 202(a) (42 propriate;’’ and inserting ‘‘appropriate; and’’; ‘‘(L) services that are a part of responses U.S.C. 3012(a)) is amended— and to a public health emergency or emerging (1) in paragraph (30), by striking ‘‘; and’’ (iii) by adding at the end the following: health threat;’’; and and inserting a semicolon; ‘‘(I) to the extent feasible, coordinate with (4) in subparagraph (M), as redesignated by (2) in paragraph (31), by striking the period the State agency to disseminate information paragraph (1), by striking ‘‘; and’’ and insert- at the end and inserting a semicolon; and about the State assistive technology entity ing a semicolon; (3) by adding at the end the following: and access to assistive technology options (5) by inserting after subparagraph (M), as ‘‘(32) provide technical assistance to, and for serving older individuals;’’; and redesignated by paragraph (1), the following: share best practices with, State agencies and (B) in subsection (b)(3)— ‘‘(N) screening for the prevention of nega- area agencies on aging on how to collaborate (i) in subparagraph (K)— tive health effects associated with social iso- and coordinate activities and develop long- (I) by aligning the margins of the subpara- lation and coordination of supportive serv- range emergency preparedness plans with graph with the margins of subparagraph (J); ices and health care to address negative local and State emergency response agen- and health effects associated with social isola- cies, relief organizations, local and State (II) by striking ‘‘; and’’ and inserting a tion; and’’; and governments, Federal agencies as appro- semicolon; (6) in subparagraph (O), as redesignated, by priate, and any other institutions that have (ii) by redesignating subparagraph (L) as striking ‘‘(A) through (K)’’ and inserting responsibility for disaster relief service de- subparagraph (M); and ‘‘(A) through (N)’’. livery;’’.

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00159 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.073 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1432 CONGRESSIONAL RECORD — SENATE March 3, 2020 SEC. 115. INCREASED FOCUS OF ASSISTANT SEC- (2) by redesignating paragraphs (27) amended by striking ‘‘3 years’’ and inserting RETARY ON NEGATIVE HEALTH EF- through (30) as paragraphs (26) through (29). ‘‘4 years’’. FECTS ASSOCIATED WITH SOCIAL SEC. 119. DEMONSTRATION ON DIRECT CARE (c) CONFORMING AMENDMENT.—Section 2(3) ISOLATION. WORKERS. of the RAISE Family Caregivers Act (42 Section 202(a) (42 U.S.C. 3012(a)), as amend- Section 411(a) (42 U.S.C. 3032(a)) is amend- U.S.C. 3030s note) is amended by inserting ‘‘, ed by section 114(b), is further amended by ed— acting through the Assistant Secretary for adding at the end the following: (1) by redesignating paragraphs (13) and Aging’’ before the period at the end. ‘‘(33) with input from aging network stake- (14) as paragraphs (14) and (15), respectively; SEC. 123. INTERAGENCY COORDINATION. holders, including caregivers, develop objec- and (a) IN GENERAL.—The Assistant Secretary tives, priorities, and a long-term plan for (2) by inserting after paragraph (12) the fol- shall, in performing the functions of the Ad- supporting State and local efforts involving lowing: ministration on Aging under section 202(a)(5) education about prevention of, detection of, ‘‘(13) in coordination with the Secretary of of the Older Americans Act of 1965 (42 U.S.C. and response to negative health effects asso- Labor, the demonstration of new strategies 3012(a)(5)) related to health (including men- ciated with social isolation among older in- for the recruitment, retention, or advance- tal and behavioral health) services, coordi- dividuals, and submit a report to Congress ment of direct care workers, and the solic- nate with the Assistant Secretary for Mental on this effort by January 2021; and’’. Health and Substance Use and the Director iting, development, and implementation of of the Centers for Disease Control and Pre- SEC. 116. NOTIFICATION OF AVAILABILITY OF OR strategies— UPDATES TO POLICIES, PRACTICES, vention— ‘‘(A) to reduce barriers to entry for a di- AND PROCEDURES THROUGH A UNI- (1) in the planning, development, imple- verse and high-quality direct care workforce, FORM E-FORMAT. mentation, and evaluation of evidence-based including providing wages, benefits, and ad- Section 202(a) (42 U.S.C. 3012(a)), as amend- policies, programs, practices, and other ac- vancement opportunities needed to attract ed by sections 114(b) and 115, is further tivities pertaining to the prevention of sui- or retain direct care workers; and amended by adding at the end the following: cide among older individuals, including the ‘‘(34) provide (to the extent practicable) a ‘‘(B) to provide education and workforce implementation of evidence-based suicide standardized notification to State agencies, development programs for direct care work- prevention programs and strategies identi- area agencies on aging, providers of services ers that include supportive services and ca- fied by the National Center for Injury Pre- under this Act, and grantees or contract reer planning;’’. vention and Control at the Centers for Dis- awardees under this Act, through an elec- SEC. 120. NATIONAL RESOURCE CENTER FOR ease Control and Prevention and other enti- tronic format (e-mail or other electronic no- OLDER INDIVIDUALS EXPERIENCING ties, as applicable; and tification), of the availability of, or updates THE LONG-TERM AND ADVERSE (2) in providing and incorporating tech- CONSEQUENCES OF TRAUMA. to, policies, practices, and procedures under nical assistance for the prevention of suicide Section 411(a) (42 U.S.C. 3032(a)), as amend- this Act.’’. among older individuals, including technical ed by section 119, is further amended— assistance related to the Suicide Prevention SEC. 117. EVIDENCE-BASED PROGRAM ADAPTA- (1) by redesignating paragraphs (14) and TION. Technical Assistance Center established (15) as paragraphs (15) and (16), respectively; (a) FUNCTIONS OF THE ASSISTANT SEC- under section 520C of the Public Health Serv- and RETARY.—Section 202 (42 U.S.C. 3012) is ice Act (42 U.S.C. 290bb–34). (2) by inserting after paragraph (13) the fol- amended— (b) PROGRAM DESIGN.—Section 202(a)(5) (42 lowing: (1) in subsection (a)(28), by inserting before U.S.C. 3012(a)(5)) is amended by inserting ‘‘(14) the establishment and operation of a the semicolon ‘‘, including information and ‘‘cultural experiences, activities, and serv- national resource center that shall— technical assistance on delivery of such serv- ices, including in the arts,’’ after ‘‘edu- ‘‘(A) provide training and technical assist- ices in different settings’’; and cation),’’. ance to agencies in the aging network deliv- (2) in subsection (b)(9)(B), by inserting be- SEC. 124. MODERNIZING THE INTERAGENCY CO- ering services to older individuals experi- fore the semicolon ‘‘, including delivery of ORDINATING COMMITTEE ON encing the long-term and adverse con- HEALTHY AGING AND AGE-FRIEND- such services in different settings’’. sequences of trauma; LY COMMUNITIES. (b) EVIDENCE-BASED DISEASE PREVENTION ‘‘(B) share best practices with the aging (a) FEDERAL AGENCY CONSULTATION.—Sec- AND HEALTH PROMOTION SERVICES.—Section network; and tion 203(b) (42 U.S.C. 3013(b)) is amended— 361(a) (42 U.S.C. 3030m(a)) is amended in the ‘‘(C) make subgrants to the agencies best (1) in paragraph (18), by striking ‘‘and’’ at second sentence by inserting ‘‘provide tech- positioned to advance and improve the deliv- the end; nical assistance on the delivery of evidence- ery of person-centered, trauma-informed (2) in paragraph (19), by striking the period based disease prevention and health pro- services for older individuals experiencing at the end and inserting ‘‘, and’’; and motion services in different settings and for the long-term and adverse consequences of (3) by adding at the end the following: different populations, and’’ before ‘‘consult’’. trauma;’’. ‘‘(20) section 393D of the Public Health SEC. 118. BUSINESS ACUMEN PROVISIONS AND Service Act (42 U.S.C. 280b–1f), relating to SEC. 121. NATIONAL RESOURCE CENTER FOR CLARIFICATION REGARDING OUT- WOMEN AND RETIREMENT. safety of seniors.’’. SIDE FUNDING FOR AREA AGENCIES (b) MODERNIZATION.—Section 203(c) (42 Section 215 (42 U.S.C. 3020e–1) is amended ON AGING. U.S.C. 3013(c)) is amended— by adding at the end the following: (a) ASSISTANCE RELATING TO GROWING AND (1) in paragraph (1)— ‘‘(k)(1) The Assistant Secretary shall, di- SUSTAINING CAPACITY.—Section 202(b)(9) (42 (A) by striking ‘‘the Federal officials’’ and rectly or by grant or contract, operate the U.S.C. 3012(b)(9)) is amended— inserting ‘‘other Federal officials’’; National Resource Center for Women and Re- (1) in subparagraph (A), by striking ‘‘and’’ (B) by striking ‘‘Committee on Aging’’ and tirement (in this subsection referred to as after the semicolon at the end; inserting ‘‘Committee on Healthy Aging and the ‘Center’). (2) in subparagraph (B), as amended by sec- Age-Friendly Communities’’; and ‘‘(2) The Center shall— tion 117(a)(2), by inserting ‘‘and’’ after the (C) by inserting ‘‘and the development of a semicolon at the end; and ‘‘(A) provide tools, such as basic financial national set of recommendations, in accord- (3) by adding at the end the following: management, retirement planning, and other ance with paragraph (6), to support the abil- ‘‘(C) activities for increasing business acu- tools that promote financial literacy and ity of older individuals to age in place and men, capacity building, organizational devel- help to identify and prevent exploitation (in- access homelessness prevention services, pre- opment, innovation, and other methods of cluding fraud), and integrate these with in- ventive health care, promote age-friendly growing and sustaining the capacity of the formation on health and long-term care; communities, and address the ability of older aging network to serve older individuals and ‘‘(B) annually disseminate a summary of individuals to access long-term care sup- caregivers most effectively;’’. outreach activities provided, including work ports, including access to caregivers and (b) CLARIFYING PARTNERSHIPS FOR AREA to provide user-friendly consumer informa- home- and community-based health serv- AGENCIES ON AGING.—Section 306 (42 U.S.C. tion and public education materials; ices’’ before the period; 3026) is amended by adding at the end the fol- ‘‘(C) develop targeted outreach strategies; (2) in paragraph (4), by adding at the end lowing: ‘‘(D) provide technical assistance to State the following: ‘‘The first term, after the date ‘‘(g) Nothing in this Act shall restrict an agencies and to other public and nonprofit of enactment of the Supporting Older Ameri- area agency on aging from providing services private agencies and organizations; and cans Act of 2020, shall start not later than 1 not provided or authorized by this Act, in- ‘‘(E) develop partnerships and collabora- year after such date of enactment.’’; cluding through— tions to address program objectives.’’. (3) in paragraph (6)— ‘‘(1) contracts with health care payers; SEC. 122. FAMILY CAREGIVERS. (A) in the matter preceding subparagraph ‘‘(2) consumer private pay programs; or (a) ADMINISTRATION.—Section 202 (42 U.S.C. (A), by striking ‘‘The Committee shall’’ and ‘‘(3) other arrangements with entities or 3012), as amended by section 114, is further inserting ‘‘The recommendations described individuals that increase the availability of amended by adding at the end the following: in paragraph (1) may include recommenda- home- and community-based services and ‘‘(i) The Assistant Secretary shall carry tions for’’; supports.’’. out the RAISE Family Caregivers Act (42 (B) in subparagraph (A)— (c) CONFORMING AMENDMENT.—Section U.S.C. 3030s note).’’. (i) by striking ‘‘share information with and 307(a) (42 U.S.C. 3027(a)) is amended— (b) SUNSET.—Section 6 of the RAISE Fam- establish an ongoing system to’’ and insert- (1) by striking paragraph (26); and ily Caregivers Act (42 U.S.C. 3030s note) is ing ‘‘ways to’’; and

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00160 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.073 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1433 (ii) by striking ‘‘for older individuals and regional offices of the Administration, to meets the requirements of this section to the recommend improvements’’ and all that fol- State agencies, area agencies on aging, local committees of the Senate and of the House lows through ‘‘accessibility of such programs government agencies, or leaders in age- of Representatives with jurisdiction over the and services’’ and inserting ‘‘that impact friendly communities (as defined, for pur- Older Americans Act of 1965 (42 U.S.C. 3001 et older individuals’’; poses of this subparagraph, in section seq.), and the Special Committee on Aging of (C) in subparagraph (B)— 203(c)(9)) regarding— the Senate. (i) by striking ‘‘identify, promote, and im- ‘‘(i) dissemination of, or consideration of SEC. 127. RESEARCH AND EVALUATION. plement (as appropriate),’’; ways to implement, best practices and rec- (a) CENTER.—Section 201 (42 U.S.C. 3011) is (ii) in clause (i), by striking ‘‘and’’ after ommendations from the Interagency Coordi- amended by adding at the end the following: the semicolon; nating Committee on Healthy Aging and ‘‘(g)(1) The Assistant Secretary shall, as (iii) in clause (ii), by inserting ‘‘and’’ after Age-Friendly Communities established under appropriate, coordinate the research and the semicolon; and section 203(c); and evaluation functions of this Act under a Re- (iv) by adding at the end the following: ‘‘(ii) methods for managing and coordi- search, Demonstration, and Evaluation Cen- ‘‘(iii) best practices identified in coordina- nating existing programs to meet the needs ter for the Aging Network (in this subsection tion with the Centers for Disease Control of growing age-friendly communities.’’. referred to as the ‘Center’), which shall be headed by a director designated by the As- and Prevention, the National Institute on SEC. 125. PROFESSIONAL STANDARDS FOR A NU- Aging, the Centers for Medicare & Medicaid TRITION OFFICIAL UNDER THE AS- sistant Secretary from individuals described Services, the Office of Lead Hazard Control SISTANT SECRETARY. in paragraph (4). and Healthy Homes of the Department of Section 205(a)(2)(D)(ii) (42 U.S.C. ‘‘(2) The purpose of the Center shall be— ‘‘(A) to coordinate, as appropriate, re- Housing and Urban Development, and other 3016(a)(2)(D)(ii)), as redesignated by section search, research dissemination, evaluation, Federal agencies, as appropriate, to reduce 124(c)(1), is amended to read as follows: demonstration projects, and related activi- and prevent falls among older individuals, ‘‘(ii) be a registered dietitian or registered ties carried out under this Act; that incorporate evidence-based falls preven- dietitian nutritionist.’’. tion programs and home modifications, ‘‘(B) to provide assessment of the programs SEC. 126. REPORT ON SOCIAL ISOLATION. which recommendations shall supplement and interventions authorized under this Act; (a) PREPARATION OF REPORT.— and not unnecessarily duplicate activities and authorized under section 393D of the Public (1) IN GENERAL.—The Secretary shall, in ‘‘(C) to increase the repository of informa- Health Service Act (42 U.S.C. 280b-1f), relat- carrying out activities under section 206(a) tion on evidence-based programs and inter- ing to safety of seniors;’’; of the Older Americans Act of 1965 (42 U.S.C. ventions available to the aging network, (D) in subparagraph (C)— 3017(a)), prepare a report on programs au- which information shall be applicable to ex- (i) by inserting ‘‘ways to’’ before ‘‘collect’’; thorized by such Act (42 U.S.C. 3001 et seq.), isting programs and interventions and help (ii) by striking ‘‘older individuals and’’; and supported or funded by the Administra- in the development of new evidence-based and tion on Aging, that include a focus on ad- programs and interventions. (iii) by striking ‘‘the individuals to en- dressing the negative health effects associ- ‘‘(3) Activities of the Center shall include, sure’’ and all that follows through ‘‘informa- ated with social isolation through targeting as appropriate, conducting, promoting, co- tion’’ and inserting ‘‘older individuals to en- older individuals identified as being in great- ordinating, and providing support for— sure that such information is accessible’’; est social need, as appropriate. ‘‘(A) research and evaluation activities that support the objectives of this Act, in- (E) in subparagraph (D), by striking ‘‘work (2) IMPACT.—Such report shall identify— cluding— with’’ and all that follows through ‘‘member (A) whether social isolation is being ade- ‘‘(i) evaluation of new and existing pro- agencies to ensure’’ and inserting ‘‘ways to quately addressed under such programs, in- grams and interventions authorized by this ensure’’; cluding, to the extent practicable— Act; and (F) in subparagraph (E), by striking ‘‘seek (i) the prevalence of social isolation in ‘‘(ii) research on and assessment of the re- input’’ and all that follows through ‘‘founda- rural areas and in urban areas; lationship between programs and interven- tions’’ and inserting ‘‘seeking input from and (ii) the negative public health effects asso- tions under this Act and the health out- consulting with nonprofit organizations, aca- ciated with social isolation; and comes, social determinants of health, qual- demic or research institutions, community- (iii) the role of preventive measures or of ity of life, and independence of individuals based organizations, philanthropic organiza- services, including nutrition services, in ad- dressing the negative health effects associ- served under this Act; tions, or other entities supporting age- ‘‘(B) demonstration projects that support friendly communities’’; ated with social isolation among older indi- viduals; and the objectives of this Act, including activi- (G) in subparagraph (F), by striking ‘‘iden- ties to bring effective demonstration tify’’ and inserting ‘‘identifying’’; and (B) public awareness of and efforts to ad- dress the negative health effects associated projects to scale with a prioritization of (H) by amending subparagraph (G) to read projects that address the needs of under- as follows: with social isolation. (3) TYPES OF PROGRAMS.—Such report shall served populations, and promote partner- ‘‘(G) ways to improve coordination to pro- ships among aging services, community- vide housing, health care, and other sup- identify whether programs described in para- graph (1)— based organizations, and Medicare and Med- portive services to older individuals.’’; icaid providers, plans, and health (including (4) in paragraph (7)(A)(i), by striking ‘‘serv- (A) support projects in local communities and involve diverse sectors associated with public health) systems; ices for older individuals’’ and inserting ‘‘(C) outreach and dissemination of re- ‘‘services that impact older individuals’’; and such communities to decrease the negative health effects associated with social isola- search findings; and (5) by adding at the end the following: ‘‘(D) technical assistance related to the ac- ‘‘(9) In this subsection, the term ‘age- tion among older individuals and caregivers; (B) support outreach activities to screen tivities described in this paragraph. friendly community’ means a community ‘‘(4) The director shall be an individual that— older individuals for negative health effects associated with social isolation; and with substantial knowledge of and experi- ‘‘(A) is taking measurable steps to— ence in aging and health policy, and research ‘‘(i) include adequate and accessible hous- (C) include a focus on decreasing the nega- tive health effects associated with social iso- administration. ing, public spaces and buildings, safe and se- ‘‘(5) Not later than October 1, 2020, and at lation. cure paths, variable route transportation 5-year intervals thereafter, the director shall (4) RECOMMENDATIONS.—Such report shall, services, and programs and services designed prepare and publish in the Federal Register as appropriate, include recommendations for to support health and well-being; for public comment a draft of a 5-year plan ‘‘(ii) respect and include older individuals reducing the negative health effects associ- that— in social opportunities, civic participation, ated with social isolation and to address any ‘‘(A) outlines priorities for research, re- volunteerism, and employment; and negative health effects identified under search dissemination, evaluation, dem- ‘‘(iii) facilitate access to supportive serv- clauses (ii) and (iii) of subparagraph (A), and onstration projects, and related activities; ices for older individuals; subparagraph (B), of paragraph (2). ‘‘(B) explains the basis for such priorities; ‘‘(B) is not an assisted living facility or (b) SUBMISSION OF REPORT.— and long-term care facility; and (1) INTERIM STATUS REPORT.—Not later ‘‘(C) describes how the plan will meet the ‘‘(C) has a plan in place to meet local needs than 2 years after the date of enactment of needs of underserved populations. for housing, transportation, civic participa- this Act, the Secretary shall submit an in- ‘‘(6) The director shall coordinate, as ap- tion, social connectedness, and accessible terim report, to the committees of the Sen- propriate, research, research dissemination, public spaces.’’. ate and of the House of Representatives with evaluation, and demonstration projects, and (c) ADMINISTRATION OF THE ACT.—Section jurisdiction over the Older Americans Act of related activities with appropriate agency 205(a)(2) (42 U.S.C. 3016(a)(2)) is amended— 1965 (42 U.S.C. 3001 et seq.), and the Special program staff, and, as appropriate, with (1) by redesignating subparagraph (C) as Committee on Aging of the Senate, on the other Federal departments and agencies in- subparagraph (D); and status of the evaluation underway to develop volved in research in the field of aging. (2) by inserting after subparagraph (B) the the final report required under this section. ‘‘(7) Not later than December 31, 2020, and following: (2) FINAL REPORT.—Not later than 5 years annually thereafter, the director shall pre- ‘‘(C) The Assistant Secretary may provide after the date of enactment of this Act, the pare, and submit to the Secretary, the Com- technical assistance, including through the Secretary shall submit a final report that mittee on Health, Education, Labor, and

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00161 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.073 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1434 CONGRESSIONAL RECORD — SENATE March 3, 2020 Pensions of the Senate, the Special Com- fiscal year 2023, and $520,177,347 for fiscal ‘‘(IV) for fiscal year 2023, 99.00 percent of mittee on Aging of the Senate, and the Com- year 2024. that allotment; mittee on Education and Labor of the House ‘‘(2) Funds appropriated under paragraph ‘‘(V) for fiscal year 2024, 98.75 percent of of Representatives, a report on the activities (1) shall be available to carry out section 712. that allotment; funded under this section and title IV. ‘‘(b)(1) There are authorized to be appro- ‘‘(VI) for fiscal year 2025, 98.50 percent of ‘‘(8) The director shall, as appropriate, con- priated to carry out subpart 1 of part C (re- that allotment; sult with experts on aging research and eval- lating to congregate nutrition services) ‘‘(VII) for fiscal year 2026, 98.25 percent of uation and aging network stakeholders on $530,015,940 for fiscal year 2020, $561,816,896 for that allotment; the implementation of the activities de- fiscal year 2021, $595,525,910 for fiscal year ‘‘(VIII) for fiscal year 2027, 98.00 percent of scribed under paragraph (3) of this sub- 2022, $631,257,465 for fiscal year 2023, and that allotment; section. $669,132,913 for fiscal year 2024. ‘‘(IX) for fiscal year 2028, 97.75 percent of ‘‘(9) The director shall coordinate, as ap- ‘‘(2) There are authorized to be appro- that allotment; and propriate, all research and evaluation au- priated to carry out subpart 2 of part C (re- ‘‘(X) for fiscal year 2029, 97.50 percent of thorities under this Act.’’. lating to home delivered nutrition services) that allotment. (b) EVALUATION.—Section 206 (42 U.S.C. $268,935,940 for fiscal year 2020, $285,072,096 for ‘‘(iii) If the sum appropriated under section 3017) is amended— fiscal year 2021, $302,176,422 for fiscal year 303(a) or 303(b)(1) for a particular covered fis- (1) by redesignating subsections (b) 2022, $320,307,008 for fiscal year 2023, and cal year is greater than the sum appro- through (g) as subsections (c) through (h), re- $339,525,428 for fiscal year 2024. priated under section 303(a) or 303(b)(1), re- spectively; and ‘‘(c) Grants made under part B, and sub- spectively, for fiscal year 2019, the allot- (2) by inserting after subsection (a) the fol- parts 1 and 2 of part C, of this title may be ments to States from the sum appropriated lowing: used for paying part of the cost of— for the particular year shall be calculated as ‘‘(b) Not later than July 1, 2020, the Sec- ‘‘(1) the administration of area plans by follows: retary shall provide, directly or through area agencies on aging designated under sec- ‘‘(I) From the portion equal to the cor- grant or contract, for an evaluation of pro- tion 305(a)(2)(A), including the preparation of responding sum appropriated for fiscal year grams under this Act, which shall include, to area plans on aging consistent with section 2019, amounts shall be allotted in accordance the extent practicable, an analysis of the re- 306 and the evaluation of activities carried with paragraphs (1) and (2), and subpara- lationship of such programs, including dem- out under such plans; and graphs (A) through (C) as applicable, but no onstration projects under title IV of this ‘‘(2) the development of comprehensive and State shall be allotted an amount that is less Act, to health care expenditures under the coordinated systems for supportive services, than the percentage specified in clause (ii), Medicare program established under title and congregate and home delivered nutrition for that particular year, of the State’s allot- XVIII of the Social Security Act (42 U.S.C. services under subparts 1 and 2 of part C, the ment from the corresponding sum appro- 1395 et seq.) and the Medicaid program estab- development and operation of multipurpose priated for fiscal year 2019. lished under title XIX of the Social Security senior centers, and the delivery of legal as- ‘‘(II) From the remainder, amounts shall Act (42 U.S.C. 1396 et seq.). The Secretary sistance. be allotted in accordance with paragraph (1), ‘‘(d) There are authorized to be appro- shall oversee analyses of data obtained in subparagraphs (A) through (C) as applicable, priated to carry out part D (relating to dis- connection with program evaluation to and paragraph (2) to the extent needed to ease prevention and health promotion serv- evaluate, where feasible, the relationship of meet the requirements of those subpara- ices) $26,587,360 for fiscal year 2020, $28,182,602 programs under this Act to health care ex- graphs.’’. for fiscal year 2021, $29,873,558 for fiscal year penditures, including under the Medicare and (b) REPEAL.—Section 304(a)(3)(D) (42 U.S.C. 2022, $31,665,971 for fiscal year 2023, and Medicaid programs.’’. 3024(a)(3)(D)) is repealed, effective October 1, $33,565,929 for fiscal year 2024. (c) REPORT ON HEALTH CARE EXPENDI- 2029. TURES.—Section 207 (42 U.S.C. 3018) is amend- ‘‘(e) There are authorized to be appro- priated to carry out part E (relating to fam- (c) CONFORMING AMENDMENT.—Section ed by adding at the end the following: 304(a)(5) (42 U.S.C. 3024(a)(5)) is amended by ‘‘(d) The Assistant Secretary shall provide ily caregiver support) $193,869,020 for fiscal year 2020, $205,501,161 for fiscal year 2021, striking ‘‘of the prior year’’ and inserting the evaluation required under section 206(b) ‘‘as required by paragraph (3)’’. to— $217,831,231 for fiscal year 2022, $230,901,105 for SEC. 205. OUTREACH EFFORTS. ‘‘(1) the Committee on Health, Education, fiscal year 2023, and $244,755,171 for fiscal Labor, and Pensions of the Senate; year 2024.’’. Section 306(a)(4)(B) (42 U.S.C. 3026(a)(4)(B)) ‘‘(2) the Committee on Appropriations of (b) NUTRITION SERVICES INCENTIVE PRO- is amended— the Senate; GRAM.—Section 311(e) (42 U.S.C. 3030a(e)) is (1) in clause (i)(VII), by inserting ‘‘, specifi- ‘‘(3) the Special Committee on Aging of the amended to read as follows: cally including survivors of the Holocaust’’ ‘‘(e) There are authorized to be appro- Senate; after ‘‘placement’’; and priated to carry out this section (other than ‘‘(4) the Committee on Education and (2) in clause (ii), by striking ‘‘(VI)’’ and in- subsection (c)(1)) $171,273,830 for fiscal year Labor of the House of Representatives; and serting ‘‘(VII)’’. 2020, $181,550,260 for fiscal year 2021, ‘‘(5) the Committee on Appropriations of SEC. 206. STATE LONG-TERM CARE OMBUDSMAN $192,443,275 for fiscal year 2022, $203,989,872 for the House of Representatives.’’. PROGRAM MINIMUM FUNDING AND fiscal year 2023, and $216,229,264 for fiscal MAINTENANCE OF EFFORT. TITLE II—IMPROVING GRANTS FOR STATE year 2024.’’. The Act (42 U.S.C. 3001 et seq.) is amend- AND COMMUNITY PROGRAMS ON AGING SEC. 204. HOLD HARMLESS FORMULA. ed— SEC. 201. SOCIAL DETERMINANTS OF HEALTH. (a) IN GENERAL.—Section 304(a)(3)(D) (42 (1) by amending section 306(a)(9) (42 U.S.C. Section 301(a)(1) (42 U.S.C. 3021(a)(1)) is U.S.C. 3024(a)(3)(D)) is amended to read as 3026(a)(9)) to read as follows: amended— follows: ‘‘(9) provide assurances that— (1) in subparagraph (C), by striking ‘‘and’’ ‘‘(D)(i) In this subparagraph and paragraph ‘‘(A) the area agency on aging, in carrying at the end; (5)— out the State Long-Term Care Ombudsman (2) in subparagraph (D), by striking the pe- ‘‘(I) the term ‘allot’ means allot under this program under section 307(a)(9), will expend riod at the end and inserting ‘‘; and’’; and subsection from a sum appropriated under not less than the total amount of funds ap- (3) by adding at the end the following: section 303(a) or 303(b)(1), as the case may be; propriated under this Act and expended by ‘‘(E) measure impacts related to social de- and the agency in fiscal year 2019 in carrying out terminants of health of older individuals.’’. ‘‘(II) the term ‘covered fiscal year’ means such a program under this title; and SEC. 202. YOUNGER ONSET ALZHEIMER’S DIS- any of fiscal years 2020 through 2029. ‘‘(B) funds made available to the area agen- EASE. ‘‘(ii) If the sum appropriated under section cy on aging pursuant to section 712 shall be The Act (42 U.S.C. 3001 et seq.) is amend- 303(a) or 303(b)(1) for a particular covered fis- used to supplement and not supplant other ed— cal year is less than or equal to the sum ap- Federal, State, and local funds expended to (1) in section 302(3) (42 U.S.C. 3022(3)), by propriated under section 303(a) or 303(b)(1), support activities described in section 712;’’; inserting ‘‘of any age’’ after ‘‘an individual’’; respectively, for fiscal year 2019, amounts and and shall be allotted to States from the sum ap- (2) by amending section 307(a)(9) (42 U.S.C. (2) in section 711(6) (42 U.S.C. 3058f(6)), by propriated for the particular year in accord- 3027(a)(9)) to read as follows: inserting ‘‘of any age’’ after ‘‘individual’’. ance with paragraphs (1) and (2), and sub- ‘‘(9) The plan shall provide assurances SEC. 203. REAUTHORIZATION. paragraphs (A) through (C) as applicable, but that— (a) GRANTS FOR STATE AND COMMUNITY no State shall be allotted an amount that is ‘‘(A) the State agency will carry out, PROGRAMS ON AGING.—Subsections (a) less than— through the Office of the State Long-Term through (e) of section 303 (42 U.S.C. 3023) are ‘‘(I) for fiscal year 2020, 99.75 percent of the Care Ombudsman, a State Long-Term Care amended to read as follows: State’s allotment from the corresponding Ombudsman program in accordance with sec- ‘‘(a)(1) There are authorized to be appro- sum appropriated for fiscal year 2019; tion 712 and this title, and will expend for priated to carry out part B (relating to sup- ‘‘(II) for fiscal year 2021, 99.50 percent of such purpose an amount that is not less than portive services) $412,029,180 for fiscal year that allotment; the amount expended by the State agency 2020, $436,750,931 for fiscal year 2021, ‘‘(III) for fiscal year 2022, 99.25 percent of with funds received under this title for fiscal $462,955,987 for fiscal year 2022, $490,733,346 for that allotment; year 2019, and an amount that is not less

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00162 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.073 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1435 than the amount expended by the State ‘‘(ii)’’; and SEC. 215. CULTURALLY APPROPRIATE, MEDI- agency with funds received under title VII (ii) in subparagraph (B), by striking ‘‘such CALLY TAILORED MEALS. for fiscal year 2019; and allotment’’ and inserting ‘‘such total Section 339(2)(A)(iii) (42 U.S.C. 3030g– ‘‘(B) funds made available to the State amount’’; and 21(2)(A)(iii)) is amended by inserting ‘‘, in- agency pursuant to section 712 shall be used (B) in paragraph (2)(A), by striking cluding meals adjusted for cultural consider- to supplement and not supplant other Fed- ‘‘$500,000’’ and inserting ‘‘$750,000’’. ations and preferences and medically tai- eral, State, and local funds expended to sup- SEC. 210. IMPROVEMENTS TO NUTRITION PRO- lored meals’’ before the comma at the end. port activities described in section 712.’’. GRAMS. SEC. 216. NUTRITION SERVICES STUDY. SEC. 207. COORDINATION WITH RESOURCE CEN- Section 308(b)(4) (42 U.S.C. 3028(b)(4)) is Subpart 3 of part C of title III (42 U.S.C. TERS. amended by adding at the end the following: 3030g–21 et seq.) is amended by adding at the (a) AREA PLANS.—Section 306(a) (42 U.S.C. ‘‘(D) The State, in consultation with area end the following: 3026(a)) is amended— agencies on aging, shall ensure the process ‘‘SEC. 339B. NUTRITION SERVICES IMPACT (1) in paragraph (16), by striking ‘‘and’’ at used by the State in transferring funds under STUDY. the end; this paragraph (including requirements re- ‘‘(a) STUDY.— (2) in paragraph (17), by striking the period lating to the authority and timing of such ‘‘(1) IN GENERAL.—The Assistant Secretary at the end and inserting a semicolon; and transfers) is simplified and clarified to re- shall perform a study to assess how to meas- (3) by adding at the end the following: duce administrative barriers and direct lim- ure and evaluate the discrepancy between ‘‘(18) provide assurances that the area available services and the demand for such agency on aging will collect data to deter- ited resources to the greatest nutrition serv- services in the home delivered nutrition mine— ice needs at the community level. Such proc- services program and the congregate nutri- ‘‘(A) the services that are needed by older ess shall be modified to attempt to lessen the tion services program under this part, which individuals whose needs were the focus of all administrative barriers of such transfers, shall include assessing various methods centers funded under title IV in fiscal year and help direct limited resources to where (such as those that States use) to measure 2019; and they are needed the most as the unmet need and evaluate the discrepancy (such as meas- ‘‘(B) the effectiveness of the programs, for nutrition services grows.’’. urement through the length of waitlists). policies, and services provided by such area SEC. 211. REVIEW OF REPORTS. ‘‘(2) CONTENTS.—In performing the study, agency on aging in assisting such individ- Section 308(b) (42 U.S.C. 3028(b)) is amended the Assistant Secretary shall— uals; and by adding at the end the following: ‘‘(A) consider means of obtaining informa- ‘‘(19) provide assurances that the area ‘‘(8) The Assistant Secretary shall review tion in rural and underserved communities; agency on aging will use outreach efforts the reports submitted under section and that will identify individuals eligible for as- 307(a)(30) and include aggregate data in the ‘‘(B) consider using existing tools (existing sistance under this Act, with special empha- report required by section 207(a), including as of the date the Assistant Secretary begins sis on those individuals whose needs were the data on— the study) such as the tools developed focus of all centers funded under title IV in ‘‘(A) the effectiveness of the programs, through the Performance Outcome Measure- fiscal year 2019.’’. policies, and services provided by area agen- ment Project. (b) STATE PLANS.—Section 307(a) (42 U.S.C. cies on aging in assisting older individuals ‘‘(3) ANALYSIS.—The Assistant Secretary 3027(a)), as amended by section 118(c), is fur- whose needs were the focus of all centers shall analyze and determine which methods ther amended by adding at the end the fol- funded under title IV in fiscal year 2019; and are the least burdensome and most effective lowing: ‘‘(B) outreach efforts and other activities for measuring and evaluating the discrep- ‘‘(30) The plan shall contain an assurance carried out to satisfy the assurances de- ancy described in paragraph (1). that the State shall prepare and submit to scribed in paragraphs (18) and (19) of section ‘‘(b) RECOMMENDATIONS.— the Assistant Secretary annual reports that 306(a), to identify such older individuals and ‘‘(1) PREPARATION.—Not later than 3 years describe— their service needs.’’. ‘‘(A) data collected to determine the serv- after the date of enactment of the Sup- SEC. 212. OTHER PRACTICES. ices that are needed by older individuals porting Older Americans Act of 2020, the As- Section 315 (42 U.S.C. 3030c–2) is amended whose needs were the focus of all centers sistant Secretary shall prepare recommenda- by adding at the end the following: funded under title IV in fiscal year 2019; tions— ‘‘(B) data collected to determine the effec- ‘‘(e) RESPONSE TO AREA AGENCIES ON ‘‘(A) on how to measure and evaluate, with tiveness of the programs, policies, and serv- AGING.— the least burden and the most effectiveness, ices provided by area agencies on aging in as- ‘‘(1) IN GENERAL.—Upon request from an the discrepancy described in subsection (a)(1) sisting such individuals; and area agency on aging, the State shall make (such as measurement through the length of ‘‘(C) outreach efforts and other activities available any policies or guidance pertaining waitlists); and carried out to satisfy the assurances de- to policies established under this section. ‘‘(B) about whether studies similar to the scribed in paragraphs (18) and (19) of section ‘‘(2) RULE OF CONSTRUCTION.—Nothing in study described in subsection (a) should be 306(a).’’. paragraph (1) shall require a State to develop carried out for programs carried out under policies or guidance pertaining to policies es- SEC. 208. SENIOR LEGAL HOTLINES. this Act, other than this part. tablished under this section.’’. Not later than 4 years after the date of en- ‘‘(2) ISSUANCE.—The Assistant Secretary actment of this Act, the Assistant Secretary SEC. 213. SCREENING FOR NEGATIVE HEALTH EF- shall issue the recommendations, and make shall prepare and submit to Congress a re- FECTS ASSOCIATED WITH SOCIAL the recommendations available as a notifica- port containing— ISOLATION AND TRAUMATIC BRAIN tion pursuant to section 202(a)(34) and to the INJURY. (1) information on which States or local- committees of the Senate and of the House Section 321(a)(8) (42 U.S.C. 3030d(a)(8)) is ities operate senior legal hotlines; of Representatives with jurisdiction over amended— (2) information on how such hotlines oper- this Act, and the Special Committee on (1) by striking ‘‘screening and’’ and insert- ated by States or localities are funded; Aging of the Senate.’’. ing ‘‘screening, screening for negative health (3) information on the usefulness of senior SEC. 217. NATIONAL FAMILY CAREGIVER SUP- effects associated with social isolation,’’; legal hotlines in the coordination and provi- PORT PROGRAM. and sion of legal assistance; and (a) DEFINITIONS FOR NATIONAL FAMILY (2) by inserting ‘‘, and traumatic brain in- (4) recommendations on additional actions CAREGIVER SUPPORT PROGRAM.—Section jury screening’’ after ‘‘falls prevention serv- that should be taken related to senior legal 372(a) (42 U.S.C. 3030s(a)) is amended— ices screening’’. hotlines. (1) by redesignating paragraphs (1) through SEC. 209. INCREASE IN LIMIT ON USE OF ALLOT- SEC. 214. SUPPORTIVE SERVICES AND SENIOR (3) as paragraphs (2) through (4), respec- TED FUNDS FOR STATE ADMINIS- CENTERS. tively; and TRATIVE COSTS. (a) IN GENERAL.—Section 321(a) (42 U.S.C. (2) by inserting before paragraph (2), as so Section 308 (42 U.S.C. 3028) is amended— 3030d(a)) is amended— redesignated, the following: (1) in subsection (a), in paragraphs (1) and (1) in paragraph (24), by striking ‘‘and’’ at ‘‘(1) CAREGIVER ASSESSMENT.—The term (2), by striking ‘‘subsection (b)(1)’’ and in- the end; ‘caregiver assessment’ means a defined proc- serting ‘‘subsection (b)’’; and (2) by redesignating paragraph (25) as para- ess of gathering information to identify the (2) in subsection (b)— graph (26); and specific needs, barriers to carrying out (A) in each of paragraphs (1) and (2)— (3) by inserting after paragraph (24) the fol- caregiving responsibilities, and existing sup- (i) in subparagraph (A)— lowing: ports of a family caregiver or older relative (I) by striking ‘‘clause (ii)’’ and inserting ‘‘(25) services that promote or support so- caregiver, as identified by the caregiver in- ‘‘subparagraph (B)’’; and cial connectedness and reduce negative volved, to appropriately target recommenda- (II) by striking ‘‘greater of’’ and all that health effects associated with social isola- tions for support services described in sec- follows through ‘‘or’’ and inserting the fol- tion; and’’. tion 373(b). Such assessment shall be admin- lowing: ‘‘greater of— (b) SUPPORTIVE SERVICES.—Section 321(a)(7) istered through direct contact with the care- ‘‘(i) 5 percent of the total amount of the al- (42 U.S.C. 3030d(a)(7)) is amended by inserting giver, which may include contact through a lotments made to a State under sections ‘‘cultural experiences (including the arts),’’ home visit, the Internet, telephone or tele- 304(a)(1) and 373(f); or after ‘‘art therapy,’’. conference, or in-person interaction.’’.

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(b) GENERAL AUTHORITY.—Section 373 (42 (i) family caregivers and older relative TITLE III—MODERNIZING ACTIVITIES FOR U.S.C. 3030s–1) is amended— caregivers; and HEALTH, INDEPENDENCE, AND LON- (1) in subsection (b), in the matter pre- (ii) the older individuals to whom the care- GEVITY ceding paragraph (1), by inserting ‘‘which givers described in clause (i) provide care; SEC. 301. REAUTHORIZATION. may be informed through the use of care- (C) an analysis of the potential impact of Section 411(b) (42 U.S.C. 3032(b)) is amended giver assessments,’’ after ‘‘provided,’’; using caregiver assessments on the aging to read as follows: (2) in subsection (e)(3), in the first sen- network; ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— tence, by inserting ‘‘, including caregiver as- (D) an analysis of how caregiver assess- There are authorized to be appropriated to sessments used in the State,’’ after ‘‘mecha- ments are being used to identify the specific carry out— nisms’’; needs, barriers to carrying out caregiving re- ‘‘(1) aging network support activities under (3) by redesignating subsections (e) sponsibilities, and existing supports of fam- this section, $14,514,550 for fiscal year 2020, through (g) as subsections (f) through (h), re- ily caregivers and older relative caregivers, $15,385,423 for fiscal year 2021, $16,308,548 for spectively; with particular consideration to sup- fiscal year 2022, $17,287,061 for fiscal year (4) by inserting after subsection (d) the fol- porting— 2023, and $18,324,285 for fiscal year 2024; and lowing: (i) a caregiver specified in this subpara- ‘‘(2) elder rights support activities under ‘‘(e) BEST PRACTICES.—Not later than 1 graph who is caring for individuals with dis- this section, $15,613,440 for fiscal year 2020, year after the date of enactment of the Sup- abilities, or, if appropriate, with a serious $16,550,246 for fiscal year 2021, $17,543,261 for porting Older Americans Act of 2020 and illness; and fiscal year 2022, $18,595,857 for fiscal year every 5 years thereafter, the Assistant Sec- (ii) caregivers with disabilities; 2023, and $19,711,608 for fiscal year 2024.’’. retary shall— (E) recommendations for furthering the SEC. 302. PUBLIC AWARENESS OF TRAUMATIC ‘‘(1) identify best practices relating to the use of caregiver assessments, as appropriate, BRAIN INJURY. programs carried out under this section and including in rural or underserved areas; and Section 411(a)(12) (42 U.S.C. 3032(a)(12)) is section 631, regarding— (F) recommendations for assisting State amended— ‘‘(A) the use of procedures and tools to agencies and area agencies on aging, particu- (1) by striking ‘‘impairments’’ and insert- monitor and evaluate the performance of the larly in rural or underserved areas, in imple- ing ‘‘impairments,’’; and programs carried out under such sections; menting the use of caregiver assessments. (2) by striking ‘‘, and mental disorders’’ ‘‘(B) the use of evidence-based caregiver (2) SUBMISSION.—Not later than 6 months and inserting ‘‘, mental disorders, and trau- support services; and after the issuance of the report specified in matic brain injury’’. ‘‘(C) any other issue determined relevant paragraph (1), the Assistant Secretary shall SEC. 303. FALLS PREVENTION AND CHRONIC DIS- by the Assistant Secretary; and submit the report to the committees of the EASE SELF-MANAGEMENT EDU- ‘‘(2) make available, including on the Senate and the House of Representatives CATION. website of the Administration and pursuant with jurisdiction over this Act, and the Spe- Section 411(a) (42 U.S.C. 3032(a)), as amend- to section 202(a)(34), best practices described cial Committee on Aging of the Senate. ed by sections 119 and 120, is further amend- in paragraph (1), to carry out the programs (3) DEFINITIONS.—In this subsection— ed— under this section and section 631.’’; and (A) the terms ‘‘caregiver assessment’’ and (1) by redesignating paragraphs (15) and (5) by adding at the end the following: ‘‘older relative caregiver’’ have the meanings (16) as paragraphs (17) and (18), respectively; ‘‘(i) ACTIVITIES OF NATIONAL SIGNIFI- given such terms in section 372(a) of the and CANCE.—The Assistant Secretary may award Older Americans Act of 1965 (42 U.S.C. (2) by inserting after paragraph (14) the fol- funds authorized under this section to 3030s(a)); lowing: States, public agencies, private nonprofit (B) the term ‘‘family caregiver’’ has the ‘‘(15) bringing to scale and sustaining evi- agencies, institutions of higher education, meaning given the term in section 302 of dence-based falls prevention programs that and organizations, including tribal organiza- such Act (42 U.S.C. 3022); and will reduce the number of falls, fear of fall- tions, for conducting activities of national (C) the terms ‘‘State agency’’ and ‘‘tribal ing, and fall-related injuries in older individ- significance that— organization’’ have the meanings given the uals, including older individuals with dis- ‘‘(1) promote quality and continuous im- terms in section 102 of such Act (42 U.S.C. abilities; provement in the support provided to family 3002). ‘‘(16) bringing to scale and sustaining evi- caregivers and older relative caregivers (d) CONFORMING AMENDMENT.—Section dence-based chronic disease self-manage- through programs carried out under this sec- 631(b) of such Act (42 U.S.C. 3057k–11(b)) is ment programs that empower older individ- tion and section 631; and amended by striking ‘‘(c), (d), and (e)’’ and uals, including older individuals with dis- ‘‘(2) include, with respect to such pro- inserting ‘‘(c), (d), and (f)’’. abilities, to better manage their chronic con- grams, program evaluation, training, tech- SEC. 218. NATIONAL FAMILY CAREGIVER SUP- ditions;’’. nical assistance, and research. PORT PROGRAM CAP. SEC. 304. DEMONSTRATION TO ADDRESS NEGA- ‘‘(j) TECHNICAL ASSISTANCE FOR CAREGIVER (a) FEDERAL SHARE.—Subsection (h)(2), as TIVE HEALTH IMPACTS ASSOCIATED ASSESSMENTS.—Not later than 1 year after redesignated by section 217(b)(3) of this Act, WITH SOCIAL ISOLATION. the date of enactment of the Supporting of section 373 (42 U.S.C. 3030s–1) is amended Section 411(a)(42 U.S.C. 3032(a)), as amend- Older Americans Act of 2020, the Assistant by striking subparagraph (C). ed by sections 119, 120, and 303, is further Secretary, in consultation with stakeholders (b) MONITORING THE IMPACT OF THE ELIMI- amended— with appropriate expertise and, as appro- NATION OF THE CAP ON FUNDS FOR OLDER REL- (1) in paragraph (17), by striking ‘‘; and’’ priate, informed by the strategy developed ATIVE CAREGIVERS.— and inserting a semicolon; under the RAISE Family Caregivers Act (42 (1) REPORT.—Not later than 18 months (2) by redesignating paragraph (18) as para- U.S.C. 3030s note), shall provide technical as- after the date of enactment of this Act, and graph (19); and sistance to promote and implement the use annually thereafter, the Assistant Secretary (3) by inserting after paragraph (17), the of caregiver assessments. Such technical as- shall submit to the Committee on Health, following: sistance may include sharing available tools Education, Labor, and Pensions of the Sen- ‘‘(18) projects that address negative health or templates, comprehensive assessment pro- ate and the Committee on Education and effects associated with social isolation tocols, and best practices concerning— Labor of the House of Representatives a re- among older individuals; and’’. ‘‘(1) conducting caregiver assessments (in- port on the impact of the amendment made SEC. 305. TECHNICAL ASSISTANCE AND INNOVA- cluding reassessments) as needed; by subsection (a) to eliminate the limitation TION TO IMPROVE TRANSPOR- ‘‘(2) implementing such assessments that on funds that States may allocate to provide TATION FOR OLDER INDIVIDUALS. are consistent across a planning and service support services to older relative caregivers Section 416(b)(2) (42 U.S.C. 3032e(b)(2)) is area, as appropriate; and in the National Family Caregiver Support amended— ‘‘(3) implementing caregiver support serv- Program established under part E of title III (1) in subparagraph (B), by inserting before ice plans, including conducting referrals to of the Older Americans Act of 1965 (42 U.S.C. the semicolon ‘‘, call center, website or and coordination of activities with relevant 3030s et seq.). Each such report shall also be Internet-based portal, mobile application, or State services.’’. made available to the public. other technological tools’’; (c) REPORT ON CAREGIVER ASSESSMENTS.— (2) CONTENTS.—For purposes of reports re- (2) in subparagraph (C), by striking ‘‘; and’’ (1) IN GENERAL.—Not later than 3 years quired by paragraph (1), each State that re- and inserting a semicolon; after the date of enactment of this Act, the ceives an allotment under such National (3) by redesignating subparagraph (D) as Assistant Secretary shall issue a report on Family Caregiver Support Program for fiscal subparagraph (G); and the use of caregiver assessments by area year 2020 or a subsequent fiscal year shall re- (4) by inserting after subparagraph (C) the agencies on aging, entities contracting with port to the Assistant Secretary for the fiscal following: such agencies, and tribal organizations. Such year involved the amount of funds of the ‘‘(D)(i) improving the aggregation, avail- report shall include— total Federal and non-Federal shares de- ability, and accessibility of information on (A) an analysis of the current use of care- scribed in section 373(h)(2) of the Older options for transportation services for older giver assessments, as of the date of the re- Americans Act of 1965 (42 U.S.C. 3030s–1(h)(2)) individuals, including information on public port; used by the State to provide support services transit, on-demand transportation services, (B) an analysis of the potential impact of for older relative caregivers and the amount volunteer-based transportation services, and caregiver assessments on— of such funds so used for family caregivers. other private transportation providers; and

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00164 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.073 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1437 ‘‘(ii) providing older individuals with the (C) in paragraph (4), by striking the period (2) in section 514(e)(1) (42 U.S.C. 3056l(e)(1)), ability to schedule trips both in advance and and inserting ‘‘; and’’; and by inserting ‘‘eligible individuals who have on demand, as appropriate; (D) by adding at the end the following: been incarcerated or are under supervision ‘‘(E) identifying opportunities to share re- ‘‘(5) eligible organizations proposing following release from prison or jail,’’ after sources and reduce costs of transportation multigenerational activity projects that uti- ‘‘need,’’; and services for older individuals; lize shared site programs, such as collocated (3) in section 518 (42 U.S.C. 3056p)— ‘‘(F) coordinating individualized trip plan- child care and long-term care facilities.’’; (A) in subsection (a)(3)(B)(ii)— ning responses to requests from older indi- (7) by amending subsections (f) and (g), as (i) in subclause (IV), by striking ‘‘or’’ at viduals for transportation services; and’’. so redesignated, to read as follows: the end; SEC. 306. GRANT PROGRAM FOR ‘‘(f) ELIGIBLE ORGANIZATIONS.—Organiza- (ii) in subclause (V), by striking the period MULTIGENERATIONAL COLLABORA- tions eligible to receive a grant or enter into at the end and inserting ‘‘; or’’; and TION. a contract under subsection (a) shall— (iii) by adding at the end the following: Section 417 (42 U.S.C. 3032f) is amended— ‘‘(1) be a State, an area agency on aging, or ‘‘(VI) have been incarcerated within the (1) by amending subsection (a) to read as an organization that provides opportunities last 5 years or are under supervision fol- follows: for older individuals to participate in activi- lowing release from prison or jail within the ‘‘(a) GRANTS AND CONTRACTS.—The Assist- ties described in such subsection; and last 5 years.’’; and ant Secretary shall award grants to and ‘‘(2) have the capacity to conduct the co- (B) in subsection (b)(2)— enter into contracts with eligible organiza- ordination, promotion, and facilitation de- (i) in subparagraph (F), by striking ‘‘or’’ at tions to carry out projects, serving individ- scribed in such subsection through the use of the end; uals in younger generations and older indi- multigenerational coordinators. (ii) in subparagraph (G), by striking the pe- viduals, to— ‘‘(g) EVALUATION.— riod at the end and inserting ‘‘; or’’; and ‘‘(1) provide opportunities for older individ- ‘‘(1) IN GENERAL.—Not later than 3 years (iii) by adding at the end the following: uals to participate in multigenerational ac- after the date of enactment of the Sup- ‘‘(H) has been incarcerated within the last tivities and civic engagement activities that porting Older Americans Act of 2020, the As- 5 years or is under supervision following re- contribute to the health and wellness of sistant Secretary shall, through data sub- lease from prison or jail within the last 5 older individuals and individuals in younger mitted by organizations carrying out years.’’. generations by promoting— projects through grants or contracts under (b) TRANSITION PERIOD.—This section shall ‘‘(A) meaningful roles for participants; this section, evaluate the activities sup- take effect 1 year after the date of enact- ‘‘(B) reciprocity in relationship building; ported through such grants and contracts to ment of this Act. ‘‘(C) reduced social isolation and improved determine— SEC. 402. AUTHORIZATION OF APPROPRIATIONS. participant social connectedness; ‘‘(A) the effectiveness of such activities; Section 517(a) (42 U.S.C. 3056o(a)) is amend- ‘‘(D) improved economic well-being for ‘‘(B) the impact of such activities on the ed to read as follows: older individuals; community being served and the organiza- ‘‘(a) IN GENERAL.—There are authorized to ‘‘(E) increased lifelong learning; or tion providing the activities; and be appropriated to carry out this title ‘‘(F) support for caregivers of families by— ‘‘(C) the impact of such activities on older $428,000,000 for fiscal year 2020, $453,680,000 for ‘‘(i) providing support for older relative individuals participating in such projects. fiscal year 2021, $480,900,800 for fiscal year caregivers (as defined in section 372(a)) rais- ‘‘(2) REPORT TO CONGRESS.—Not later than 6 2022, $509,754,848 for fiscal year 2023, and ing children (such as support for kinship months after the Assistant Secretary com- $540,340,139 for fiscal year 2024.’’. navigator programs); or pletes the evaluation under paragraph (1), TITLE V—ENHANCING GRANTS FOR ‘‘(ii) involving volunteers who are older in- the Assistant Secretary shall prepare and NATIVE AMERICANS submit to the Speaker of the House of Rep- dividuals who provide support and informa- SEC. 501. REAUTHORIZATION. resentatives and the President pro tempore tion to families who have a child with a dis- Title VI (42 U.S.C. 3057 et seq.) is amend- of the Senate a report that assesses such ability or chronic illness, or other families ed— evaluation and contains, at a minimum— in need of such family support; (1) in part D (42 U.S.C. 3057l et seq.)— ‘‘(A) the names or descriptive titles of the ‘‘(2) coordinate multigenerational activi- (A) by amending section 643 (42 U.S.C. projects funded under subsection (a); ties and civic engagement activities, includ- 3057n) to read as follows: ing multigenerational nutrition and meal ‘‘(B) a description of the nature and oper- ‘‘SEC. 643. AUTHORIZATION OF APPROPRIATIONS. service programs; ation of such projects; ‘‘There are authorized to be appropriated ‘‘(3) promote volunteerism, including by ‘‘(C) the names and addresses of organiza- to carry out this title— providing opportunities for older individuals tions that conducted such projects; ‘‘(1) for parts A and B, $37,102,560 for fiscal to become a mentor to individuals in young- ‘‘(D) a description of the methods and suc- year 2020, $39,298,714 for fiscal year 2021, er generations; and cess of such projects in recruiting older indi- $41,626,636 for fiscal year 2022, $44,094,235 for ‘‘(4) facilitate development of, and partici- viduals as employees and as volunteers to fiscal year 2023, and $46,709,889 for fiscal year pation in, multigenerational activities and participate in the projects; 2024; and civic engagement activities.’’; ‘‘(E) a description of the success of the ‘‘(2) for part C, $10,759,920 for fiscal year (2) by striking subsection (g); projects in retaining older individuals par- 2020, $11,405,515 for fiscal year 2021, $12,089,846 (3) by redesignating subsections (b) ticipating in such projects as employees and for fiscal year 2022, $12,815,237 for fiscal year through (f) as subsections (c) through (g), re- as volunteers; 2023, and $13,584,151 for fiscal year 2024.’’; and spectively; ‘‘(F) the rate of turnover of older individ- (B) by adding at the end the following: (4) by inserting after subsection (a) the fol- uals who are employees or volunteers in such lowing: projects; ‘‘SEC. 644. FUNDING SET ASIDE. ‘‘Of the funds appropriated under section ‘‘(b) GRANT AND CONTRACT PERIODS.—Each ‘‘(G) a strategy for disseminating the find- grant awarded and contract entered into ings resulting from such projects; and 643(1) for a fiscal year, not more than 5 per- under subsection (a) shall be for a period of ‘‘(H) any policy change recommendations cent shall be made available to carry out not less than 36 months.’’; relating to such projects.’’; and part D for such fiscal year, provided that for (5) by amending subsection (c), as so redes- (8) in subsection (h)(2)(B)(i), by striking such fiscal year— ignated, to read as follows: ‘‘individuals from the generations with older ‘‘(1) the funds appropriated for parts A and B are greater than the funds appropriated for ‘‘(c) USE OF FUNDS.— individuals’’ and inserting ‘‘older individ- fiscal year 2019; and ‘‘(1) IN GENERAL.—An eligible organization uals’’. ‘‘(2) the Assistant Secretary makes avail- shall use funds made available under a grant TITLE IV—SENIOR COMMUNITY SERVICE able for parts A and B no less than the awarded, or a contract entered into, under EMPLOYMENT PROGRAM amount of resources made available for fis- this section to carry out a project described SEC. 401. PRIORITY FOR THE SENIOR COMMU- cal year 2019.’’; in subsection (a). NITY SERVICE EMPLOYMENT PRO- (2) by redesignating part D, as so amended, ‘‘(2) PROVISION OF PROJECTS THROUGH GRAM. as part E; and GRANTEES.—In awarding grants and entering (a) PRIORITY.—The Act (42 U.S.C. 3001 et (3) by inserting after part C the following: into contracts under this section, the Assist- seq.) is amended— ant Secretary shall ensure that such grants (1) in section 503(a)(4)(C) (42 U.S.C. ‘‘PART D—SUPPORTIVE SERVICES FOR and contracts are for the projects that sat- 3056a(a)(4)(C))— HEALTHY AGING AND INDEPENDENCE isfy each requirement under paragraphs (1) (A) in clause (iii), by striking ‘‘and’’ at the ‘‘SEC. 636. PROGRAM. through (4) of subsection (a).’’; end; ‘‘(a) IN GENERAL.—The Assistant Secretary (6) in subsection (d), as so redesignated— (B) in clause (iv), by adding ‘‘and’’ at the may carry out a competitive demonstration (A) in paragraph (1), by inserting ‘‘, intent end; and program for making grants to tribal organi- to carry out, or intent to partner with local (C) by adding at the end the following: zations or organizations serving Native Ha- organizations or multiservice organizations ‘‘(v) eligible individuals who have been in- waiians with applications approved under to carry out,’’ after ‘‘record of carrying out’’; carcerated within the last 5 years or are parts A and B, to pay for the Federal share (B) in paragraph (3), by striking ‘‘; and’’ under supervision following release from of carrying out programs, to enable the orga- and inserting a semicolon; prison or jail within the last 5 years;’’; nizations described in this subsection to

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00165 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.073 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1438 CONGRESSIONAL RECORD — SENATE March 3, 2020 build their capacity to provide a wider range a unit of that Department other than the Ad- (5) what is known about the impact of the of in-home and community supportive serv- ministration on Aging, that the Assistant Federal programs described in paragraph (1) ices to enable older individuals to maintain Secretary determines performs functions for on health status and health outcomes in pop- their health and independence and to avoid which the principles are relevant, and the ulations supported by such programs; long-term care facility placement. Centers for Medicare & Medicaid Services. (6) a review of Federal efforts to coordinate ‘‘(b) SUPPORTIVE SERVICES.— (3) PRINCIPLES.—The term ‘‘principles’’ Federal programs existing prior to the date ‘‘(1) IN GENERAL.—Subject to paragraph (2), means the Principles for Person-directed of enactment of this Act that support evi- supportive services described in subsection Services and Supports during Serious Illness, dence-based falls prevention, home assess- (a) may include any of the activities de- issued by the Administration for Community ments, and home modifications for older in- scribed in section 321(a). Living on September 1, 2017, or an updated dividuals and individuals with disabilities ‘‘(2) PRIORITY.—The Assistant Secretary, in set of such Principles. and any considerations for improving coordi- making grants under this section, shall give (4) STATE AGENCY.—The term ‘‘State agen- nation, which may include an indication of priority to organizations that will use the cy’’ has the meaning given the term in sec- the Federal agency or department that is grant funds for supportive services described tion 102 of the Older Americans Act of 1965 best suited to coordinate such Federal pro- in subsection (a) that are for in-home assist- (42 U.S.C. 3002). grams; and ance, transportation, information and refer- (b) DISSEMINATION.—The Administrator (7) information on the extent to which con- ral, case management, health and wellness shall disseminate the principles to appro- sumer-friendly resources, such as a brochure, programs, legal services, family caregiver priate stakeholders within the aging net- are available through the National Eldercare support services, and other services that di- work, as determined by the Assistant Sec- Locator Service established under section rectly support the independence of the older retary, and to covered agencies. The covered 202(a)(21) of the Older Americans Act of 1965 individuals served. agencies may use the principles in setting (42 U.S.C. 3012(a)(21)), are accessible to all ‘‘(3) RULE OF CONSTRUCTION.—Nothing in priorities for service delivery and care plans area agencies on aging, and contain informa- this section shall be construed or interpreted in programs carried out by the agencies. tion on evidence-based falls prevention, to prohibit the provision of supportive serv- (c) FEEDBACK.—The Administrator shall so- home assessments, and home modifications ices under part A or B.’’. licit, on an ongoing basis, feedback on the for older individuals attempting to live inde- TITLE VI—MODERNIZING ALLOTMENTS principles from covered agencies, experts in pendently and safely in their homes and for FOR VULNERABLE ELDER RIGHTS PRO- the fields of aging and dementia, and stake- the caregivers of such individuals. TECTION ACTIVITIES AND OTHER PRO- holders who provide or receive disability TITLE VII—MISCELLANEOUS GRAMS services. SEC. 601. REAUTHORIZATION; VULNERABLE (d) REPORT.—Not less often than once, but SEC. 701. TECHNICAL CORRECTIONS. ELDER RIGHTS PROTECTION ACTIVI- not more often than annually, during the 3 The Older Americans Act of 1965 (42 U.S.C. TIES. years after the date of enactment of this 3001 et seq.) is amended— Section 702 (42 U.S.C. 3058a) is amended by Act, the Administrator shall prepare and (1) in section 102(37)(A) (42 U.S.C. striking subsections (a) and (b) and inserting submit to Congress a report describing the 3002(37)(A)), by striking ‘‘paragraph (5)’’ and the following: feedback received under subsection (c) and inserting ‘‘paragraph (26)’’; ‘‘(a) OMBUDSMAN PROGRAM.—There are au- indicating if any changes or updates are thorized to be appropriated to carry out (2) in section 202(a)(23) (42 U.S.C. needed to the principles. 3012(a)(23)), by striking ‘‘sections 307(a)(18) chapter 2, $18,066,950 for fiscal year 2020, SEC. 605. EXTENSION OF THE SUPPORTING $19,150,967 for fiscal year 2021, $20,300,025 for and 731(b)(2)’’ and inserting ‘‘sections GRANDPARENTS RAISING GRAND- 307(a)(13) and 731’’; fiscal year 2022, $21,518,027 for fiscal year CHILDREN ACT. 2023, and $22,809,108 for fiscal year 2024. (3) in section 202(e)(1)(A) (42 U.S.C. Section 3(f) of the Supporting Grand- 3012(e)(1)(A)), by moving the left margin of ‘‘(b) OTHER PROGRAMS.—There are author- parents Raising Grandchildren Act (Public ized to be appropriated to carry out chapters clause (i) 2 ems to the left; Law 115–196) is amended by striking ‘‘3’’ and (4) in sections 203(c)(7) (42 U.S.C. 3013(c)(7)), 3 and 4, $5,107,110 for fiscal year 2020, inserting ‘‘4’’. $5,413,537 for fiscal year 2021, $5,738,349 for fis- 207(b)(2)(B) (42 U.S.C. 3018(b)(2)(B)), and 215(i) cal year 2022, $6,082,650 for fiscal year 2023, SEC. 606. BEST PRACTICES FOR HOME AND COM- (42 U.S.C. 3020e–1(i)), by striking ‘‘Committee MUNITY-BASED OMBUDSMEN. and $6,447,609 for fiscal year 2024.’’. on Education and the Workforce’’ each place Not later than 3 years after the date of en- it appears and inserting ‘‘Committee on Edu- SEC. 602. VOLUNTEER STATE LONG-TERM CARE actment of this Act, the Assistant Secretary OMBUDSMAN REPRESENTATIVES. cation and Labor’’; Section 712(a)(5) (42 U.S.C. 3058g(a)(5)) is shall issue a report updating the best prac- (5) in section 207(b)(3)(A) (42 U.S.C. amended by adding at the end the following: tices for home and community-based om- 3018(b)(3)(A)), by striking ‘‘Administrator of budsmen that were included in the report en- ‘‘(E) RULE OF CONSTRUCTION FOR VOLUNTEER the Health Care Finance Administration’’ titled ‘‘Best Practices for Home and Commu- OMBUDSMAN REPRESENTATIVES.—Nothing in and inserting ‘‘Administrator of the Centers this paragraph shall be construed as prohib- nity-Based Ombudsmen’’, issued by the Na- for Medicare & Medicaid Services’’; iting the program from providing and finan- tional Direct Service Workforce Resource (6) in section 304(a)(3)(C) (42 U.S.C. cially supporting recognition for an indi- Center of the Centers for Medicare & Med- 3024(a)(3)(C)), by striking ‘‘term’’ and all that vidual designated under subparagraph (A) as icaid Services and prepared by the Research follows through ‘‘does’’ and inserting ‘‘term a volunteer to represent the Ombudsman and Training Center at the University of ‘State’ does’’; program, or from reimbursing or otherwise Minnesota and The Lewin Group (January (7) in section 304(d)(1)(B), by striking ‘‘(ex- providing financial support to such an indi- 2013). cluding’’ and all that follows through vidual for any costs, such as transportation SEC. 607. SENIOR HOME MODIFICATION ASSIST- ‘‘303(a)(3))’’; costs, incurred by the individual in serving ANCE INITIATIVE. (8) in section 306(a) (42 U.S.C. 3026(a))— as such volunteer.’’. Not later than 2 years after the date of en- (A) in paragraph (1), by inserting ‘‘the SEC. 603. PREVENTION OF ELDER ABUSE, NE- actment of this Act, the Comptroller General number of older individuals at risk for insti- GLECT, AND EXPLOITATION. of the United States shall conduct a study tutional placement residing in such area,’’ Section 721(b)(12) (42 U.S.C. 3058i(b)(12)) is and issue a report that includes— before ‘‘and the number of older individuals amended— (1) an inventory of Federal programs, ad- who are Indians’’; and (1) in subparagraph (C), by inserting ‘‘com- ministered by the Department of Health and (B) in paragraph (2)(B), by striking ‘‘who munity outreach and education,’’ after Human Services, the Department of Housing are victims of’’ and inserting ‘‘with’’; ‘‘technical assistance,’’; and and Urban Development, or any other Fed- (9) in section 339(2)(A)(ii)(I) (42 U.S.C. (2) in subparagraph (F)— eral agency or department determined ap- 3030g–21(2)(A)(ii)(I)), by striking ‘‘Institute of (A) by striking ‘‘studying’’ and inserting propriate by the Comptroller General, that Medicine of the National Academy of ‘‘implementing’’; and support evidence-based falls prevention, Sciences’’ and inserting ‘‘National Acad- (B) by inserting ‘‘, programs, and mate- home assessments, and home modifications emies of Sciences, Engineering, and Medi- rials’’ after ‘‘practices’’. for older individuals and individuals with cine’’; SEC. 604. PRINCIPLES FOR PERSON-DIRECTED disabilities; (10) in section 611 (42 U.S.C. 3057b), by SERVICES AND SUPPORTS DURING (2) statistical data, for recent fiscal years, striking ‘‘(a)’’; SERIOUS ILLNESS. on the number of older individuals and indi- (11) in section 614(c)(4) (42 U.S.C. (a) DEFINITIONS.— viduals with disabilities served by each Fed- 3057e(c)(4)), by striking ‘‘(a)(12)’’ and insert- (1) ADMINISTRATOR.—The term ‘‘Adminis- eral program described in paragraph (1) and ing ‘‘(a)(11)’’; and trator’’ means the Administrator of the Ad- the approximate amount of Federal funding (12) in section 721(i) (42 U.S.C. 3058i(i), by ministration for Community Living. invested in each such program; striking ‘‘section 206(g)’’ and inserting ‘‘sec- (2) COVERED AGENCY.—The term ‘‘covered (3) a demographic analysis of individuals tion 206(h)’’. agency’’ means— served by each such program for recent fiscal (A) a State agency or area agency on years; aging; and (4) an analysis of duplication and gaps in SA 1462. Mr. RISCH submitted an (B) a Federal agency other than the De- populations supported by the Federal pro- amendment intended to be proposed to partment of Health and Human Services, and grams described in paragraph (1); amendment SA 1407 submitted by Ms.

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00166 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.073 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1439 MURKOWSKI and intended to be pro- ‘‘(ii) clarification of the permitting respon- committees of Congress a report that as- posed to the bill S. 2657, to support in- sibilities and authorities among Federal, sesses the feasibility of establishing a stor- novation in advanced geothermal re- State, and local agencies; age and distribution hub for natural gas liq- search and development, and for other ‘‘(iii) best practices and templates for per- uids or any natural gas liquids component purposes; which was ordered to lie on mitting enhanced geothermal systems (including propane) in the vicinity of the projects across all public authorities; and Bakken and Three Forks shale plays in order the table; as follows: ‘‘(iv) identification of gaps in the current to address supply chain constraints in the On page 172, between lines 7 and 8, insert Federal regulatory framework for those Midwest and other opportunities as a result the following: projects. of the increased production of natural gas (l) INCLUSION OF ENHANCED GEOTHERMAL ‘‘(B) SUBMISSION; PUBLICATION.—The Execu- liquids from shale developments. SYSTEMS.— tive Director shall— (b) COMPONENTS.—The report submitted (1) INCLUSION OF GEOTHERMAL ENERGY AS A ‘‘(i) submit the report under subparagraph under subsection (a) shall include, with re- COVERED PROJECT.—Section 41001(6) of the (A) to the Committee on Energy and Natural spect to the proposed storage and distribu- FAST Act (42 U.S.C. 4370m(6)) is amended— Resources of the Senate and the Committee tion hub, an examination of— (A) in subparagraph (A)— on Energy and Commerce of the House of (1) potential locations; (i) in the matter preceding clause (i), by in- Representatives; and (2) economic feasibility; serting ‘‘enhanced geothermal systems ‘‘(ii) as soon as practicable, make the re- (3) geologic and aboveground storage capa- projects or a program of projects,’’ after port publicly available.’’. bilities; ‘‘manufacturing,’’; (3) TERMINATION.—Section 40013 of the (4) infrastructure needs; and (ii) in clause (i)(III), by striking ‘‘or’’ at FAST Act (42 U.S.C. 4370m–12) is amended by (5) any economic benefits or benefits to en- the end; striking ‘‘7 years after the date of enactment ergy security. (iii) in clause (ii)(II), by striking the period of this Act’’ and inserting ‘‘on the date on at the end and inserting ‘‘; or’’; and which the final report is published pursuant Mr. CRAMER submitted an (iv) by adding at the end the following: SA 1465. to section 41003(g)(2)(B)(ii)’’. ‘‘(iii) is— amendment intended to be proposed to amendment SA 1407 submitted by Ms. ‘‘(I) covered by a programmatic or State Mr. CRAMER submitted an energy development plan or environmental SA 1463. MURKOWSKI and intended to be pro- review developed for the primary purpose of amendment intended to be proposed to posed to the bill S. 2657, to support in- facilitating development of geothermal re- amendment SA 1407 submitted by Ms. novation in advanced geothermal re- sources and associated infrastructure in the MURKOWSKI and intended to be pro- search and development, and for other United States; and posed to the bill S. 2657, to support in- purposes; which was ordered to lie on ‘‘(II) a project that supports development novation in advanced geothermal re- the table; as follows: and deployment of improved tools and meth- search and development, and for other At the end of subtitle H of title I, add the ods for geothermal resource identification purposes; which was ordered to lie on and extraction, with the goal of achieving following: the table; as follows: material reductions in the cost of explo- SEC. 18lll. BAKKEN ENERGY FOR NATIONAL ration with a corresponding increase in the At the end of section 2213, add the fol- SECURITY. likelihood of drilling success.’’; and lowing: (a) STUDY ON BUILDING ETHANE AND OTHER (B) by adding at the end the following: (e) REPORT.— NATURAL-GAS-LIQUIDS-RELATED PETRO- ‘‘(C) TREATMENT.—Section 553 of title 5, (1) IN GENERAL.—Not later than 120 days CHEMICAL INFRASTRUCTURE.— United States Code, shall not apply to a ma- after the date on which the modeling under (1) IN GENERAL.—Not later than 1 year after jority vote described in subparagraph (A) subsection (b) is completed, the Secretary the date of enactment of this Act, the Sec- with respect to a project that facilitates the shall submit to Congress a report on the retary, in consultation with the Secretary of domestic source expansion and extraction of modeling scenarios developed under sub- Defense, the Secretary of the Treasury, and resources that directly benefit renewable en- section (a) with respect to systems that use the heads of other relevant Federal depart- ergy, including enhanced geothermal sys- intermittent sources of power generation. ments and agencies and stakeholders, shall tems.’’. (2) REQUIREMENTS.—The report under para- conduct a study assessing the potential na- (2) DISCRETIONARY PROJECTS.—Section 41003 graph (1) shall describe— tional and economic security impacts of of the FAST Act (42 U.S.C. 4370m–2) is (A) the expected costs for— building ethane and other natural-gas-liq- amended by adding at the end the following: (i) systems with various amounts of inter- uids-related petrochemical infrastructure in ‘‘(g) DISCRETIONARY PROJECTS.— mittent power generation, from 0 to 100 per- the geographical vicinity of the Bakken and ‘‘(1) IN GENERAL.—At the request of a cent; and Three Forks shale plays in the United project sponsor, a State, or a local or tribal (ii) ratepayers in those systems; States. government, the Executive Director shall (B) the reliability and economic liabilities (2) CONTENTS.—The study conducted under consider— of systems that use intermittent sources of paragraph (1) shall include— ‘‘(A) including on the Dashboard, or facili- power generation for not less than 30 percent (A) the identification of potential benefits tating formal coordination with agencies of the energy of the system, including— of the proposed infrastructure to national represented on the Council of, a geothermal (i) rate impacts on the business and manu- and economic security, including the identi- project in the United States that requires facturing sectors; fication of potential risks to national and authorization or environmental review by a (ii) the potential impact on the economic economic security of significant foreign own- Federal agency; and output of manufacturers who are reliant on ership and control of United States domestic ‘‘(B) treating as a covered project, or fa- consistent baseload generation; and petrochemical resources; and cilitating formal coordination with agencies (iii) health and safety impacts in various (B) an examination of, with respect to the represented on the Council of, an advanced weather scenarios, including not fewer than proposed infrastructure— geothermal energy expansion or deployment 1 scenario of extreme cold in which wind gen- (i) types of additional infrastructure need- project or program of projects that requires eration cannot occur; and ed to fully optimize the potential national authorization or environmental review by a (C) any recommendations of the Secretary security benefits; Federal agency. for potential legislative changes to increase (ii) whether geopolitical diversity in areas ‘‘(2) REPORT.— reliability and resiliency within the electric to which the ethane and other natural gas ‘‘(A) IN GENERAL.—Not later than 180 days grid. liquids will be exported from the producing after the date of enactment of the American region would undermine or bolster national Energy Innovation Act of 2020, and annually SA 1464. Mr. CRAMER submitted an security; thereafter for 10 years, the Executive Direc- amendment intended to be proposed to (iii) the necessity of evaluating the public tor, in consultation with the Chair of the amendment SA 1407 submitted by Ms. interest with respect to exports of ethane, Council on Environmental Quality, the Ad- MURKOWSKI and intended to be pro- propane, butane, and other natural gas liq- ministrator of the Environmental Protection posed to the bill S. 2657, to support in- uids, to ensure the potential strategic na- Agency, the Secretary of Energy, the Sec- novation in advanced geothermal re- tional and economic security benefits are retary of the Interior, and the head of any search and development, and for other preserved within the United States; and other relevant agency (as determined by the (iv) the potential benefits, with respect to President), shall prepare a report that com- purposes; which was ordered to lie on significant weather impacts, compared to piles all existing relevant Federal permitting the table; as follows: other regions, of locating the proposed infra- and review information and resources for At the end of subtitle H of title I, add the structure in the geographical vicinity of the project applicants, agencies, and other following: Bakken and Three Forks shale plays. stakeholders with respect to projects for the SEC. 18lll. BAKKEN AND THREE FORKS NAT- (b) REPORTS.— deployment of enhanced geothermal sys- URAL GAS LIQUIDS REPORT. (1) STATUS REPORTS.—Prior to completion tems, including— (a) IN GENERAL.—As soon as practicable of the study under subsection (a), the Com- ‘‘(i) the appropriate points of interaction after the date of enactment of this Act, the mittees on Energy and Natural Resources with Federal agencies; Secretary shall submit to the appropriate and Armed Services of the Senate and the

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Committees on Energy and Commerce and On page 31, line 1, insert ‘‘and the cyberse- (4) FEDERAL AGENCY DESCRIBED.—The key Armed Services of the House of Representa- curity guidance of the Cybersecurity and In- Federal agencies referred to in paragraph tives, from time to time, may request and re- frastructure Security Agency of the Depart- (2)(A) shall include buildings operated by— ceive from the Secretary status reports with ment of Homeland Security’’ after (A) the Department of the Army; respect to the study, including any findings. ‘‘verification’’. (B) the Department of the Navy; (2) SUBMISSION AND PUBLICATION OF RE- On page 32, line 24, insert ‘‘in coordination (C) the Department of the Air Force; PORT.—On completion of the study under with the Cybersecurity and Infrastructure (D) the Department; subsection (a), the Secretary shall— Security Agency of the Department of Home- (E) the Department of the Interior; (A) submit to the Committees on Energy land Security,’’ before ‘‘protecting’’. (F) the Department of Veterans Affairs; and Natural Resources and Armed Services Beginning on page 33, strike line 23 and all (G) the General Services Administration; of the Senate and the Committees on Energy that follows through page 34, line 2, and in- and and Commerce and Armed Services of the sert the following: (H) the Department of Housing and Urban House of Representatives a report describing submit to the Committees on Energy and Development. the results of the study; and Natural Resources and Homeland Security (B) publish the report on the website of the and Governmental Affairs of the Senate and SA 1470. Ms. ROSEN (for herself and Department. the Committees on Energy and Commerce, Mrs. CAPITO) submitted an amendment Science, Space, and Technology, and Home- intended to be proposed to amendment SA 1466. Mr. GARDNER submitted an land Security of the House of Representa- SA 1407 submitted by Ms. MURKOWSKI amendment intended to be proposed to tives a report on— and intended to be proposed to the bill amendment SA 1407 submitted by Ms. On page 452, strike lines 3 and 4 and insert the following: S. 2657, to support innovation in ad- MURKOWSKI and intended to be pro- ‘‘(A) the Secretary of Energy; vanced geothermal research and devel- posed to the bill S. 2657, to support in- ‘‘(B) the Secretary of Homeland Security; opment, and for other purposes; which novation in advanced geothermal re- and was ordered to lie on the table; as fol- search and development, and for other ‘‘(C) other appropriate Federal agencies; lows: purposes; which was ordered to lie on and In section 2301, redesignate paragraphs (14) On page 454, line 22, insert ‘‘the Secretary the table; as follows: through (16) as paragraphs (15) through (17), of Homeland Security,’’ after ‘‘with’’. At the end of subtitle H of title I, add the respectively. On page 459, line 16, insert ‘‘, in consulta- following: In section 2301, insert after paragraph (13) tion with the Secretary of Homeland Secu- the following: SEC. 18ll. REPORT ON ENERGY-WATER CENTER rity,’’ after ‘‘Secretary’’. OF EXCELLENCE. On page 462, line 17, insert ‘‘the Secretary (14) RURAL AREA.—The term ‘‘rural area’’ Not later than 1 year after the date of en- of Homeland Security,’’ after ‘‘with’’. means an area that is not an urban area actment of this Act, the Secretary shall sub- On page 464, line 22, insert ‘‘the Secretary (within the meaning of the notice of final mit to Congress a report on the potential of Homeland Security,’’ after ‘‘with’’. program criteria entitled ‘‘Urban Area Cri- benefits and feasibility of establishing an en- On page 466, line 15, strike ‘‘appropriate teria for the 2010 Census’’ (76 Fed. Reg. 53030 ergy-water center of excellence within the Federal agencies’’ and insert ‘‘the Secretary (August 24, 2011))). National Laboratories. of Homeland Security and, as determined ap- In section 2304(a)(6), strike ‘‘and propriate, other Federal agencies’’. socioeconomically disadvantaged individ- SA 1467. Mr. BROWN (for himself, On page 468, line 9, insert ‘‘, in consulta- uals’’ and insert ‘‘socioeconomically dis- Mr. CORNYN, Ms. BALDWIN, Mr. CRAPO, tion with the Federal Acquisition Security advantaged individuals, and individuals in rural areas’’. Mr. PETERS, and Ms. STABENOW) sub- Council,’’ after ‘‘Secretary’’. In section 2304(b)(3)(F), strike ‘‘and mitted an amendment intended to be On page 469, line 18, insert ‘‘, in coordina- tion with the Cybersecurity and Infrastruc- socioeconomically disadvantaged individ- proposed to amendment SA 1407 sub- ture Security Agency of the Department of uals,’’ and insert ‘‘socioeconomically dis- mitted by Ms. MURKOWSKI and intended Homeland Security,’’ after ‘‘provide’’. advantaged individuals, and individuals in to be proposed to the bill S. 2657, to On page 470, line 3, insert ‘‘, in consulta- rural areas,’’. support innovation in advanced geo- tion with the Secretary of Homeland Secu- In section 2304(c)(1)(C), strike clauses (iii) thermal research and development, and rity,’’ after ‘‘Secretary’’. and (iv) and insert the following: for other purposes; which was ordered (iii) increase outreach to displaced and un- SA 1469. Mr. BROWN submitted an employed energy sector workers; to lie on the table; as follows: amendment intended to be proposed to (iv) make resources available to provide At the end of subtitle G of title I, add the amendment SA 1407 submitted by Ms. training to displaced and unemployed energy following: MURKOWSKI and intended to be pro- sector workers to reenter the energy work- SEC. 1711. PROHIBITION ON FUNDS FOR CERTAIN posed to the bill S. 2657, to support in- force; and MANUFACTURERS OF PUBLIC (v) increase outreach and make resources TRANSPORTATION ROLLING STOCK. novation in advanced geothermal re- available to rural communities; and Amounts authorized to be appropriated search and development, and for other In section 2304(f)(1), strike ‘‘and displaced under this subtitle may not be used for a purposes; which was ordered to lie on and unemployed energy workers’’ and insert grant to, or partnership or collaboration the table; as follows: ‘‘displaced and unemployed energy workers, with, a manufacturer of public transpor- Beginning on page 28, strike line 13 and all and individuals in rural areas’’. tation rolling stock for which Federal finan- that follows through page 29, line 4, and in- In section 2304(f)(2), strike subparagraphs cial assistance is prohibited under section sert the following: (B) and (C) and insert the following: 5323(u) of title 49, United States Code. (C) INCLUSION OF MULTIFAMILY BUILDINGS (B) institutions that serve veterans, with PARTICIPATING IN FEDERAL ASSISTANCE OR the objective of increasing the number vet- SA 1468. Mr. JOHNSON (for himself LOAN GUARANTEE PROGRAMS.—In making se- erans in the energy industry by ensuring and Mr. PETERS) submitted an amend- lections under subparagraph (A), the Sec- that veterans have the credentials and train- ment intended to be proposed to retary may include— ing necessary to secure careers in the energy amendment SA 1407 submitted by Ms. (i) a multifamily building in a public hous- industry; MURKOWSKI and intended to be pro- ing project; (C) institutions that serve displaced and posed to the bill S. 2657, to support in- (ii) a multifamily building in a multi- unemployed energy workers to increase the family housing project receiving rental as- number of individuals trained for jobs in the novation in advanced geothermal re- energy industry; and search and development, and for other sistance under subsection (b) of section 8 of the United States Housing Act of 1937 (42 (D) rural-serving institutions of higher purposes; which was ordered to lie on U.S.C. 1437f) that is attached to the structure education; the table; as follows: pursuant to subsection (d)(2) of such section In section 2304(f)(3), strike ‘‘and displaced On page 27, line 5, strike ‘‘is cybersecure’’ 8; and and unemployed energy workers’’ and insert and insert ‘‘abides by the cybersecurity (iii) a multifamily building for which the ‘‘displaced and unemployed energy workers, standards of the National Institute of Stand- mortgage secured by the building is guaran- and individuals in rural areas’’. ards and Technology, as appropriate’’. teed by the Department of Housing and In section 2304(f)(4), strike ‘‘and displaced On page 27, line 19, insert ‘‘and the Sec- Urban Development. and unemployed energy workers’’ and insert retary of Homeland Security’’ after ‘‘Serv- (3) TARGETS.—Not later than 18 months ‘‘displaced and unemployed energy workers, ices’’. after the date of enactment of this Act, the and individuals in rural areas’’. On page 29, line 13, insert ‘‘and the cyberse- Secretary shall establish targets for the curity guidance of the Cybersecurity and In- number of smart buildings to be commis- SA 1471. Mr. MORAN (for himself and frastructure Security Agency of the Depart- sioned and evaluated by key Federal agen- Mr. TESTER) submitted an amendment ment of Homeland Security’’ after cies by 3 years and 6 years after the date of intended to be proposed to amendment ‘‘verification’’. enactment of this Act. SA 1407 submitted by Ms. MURKOWSKI

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00168 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.074 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1441 and intended to be proposed to the bill ing authority under the Clean Air Act (42 end of subparagraph (B), by striking ‘‘, and’’ S. 2657, to support innovation in ad- U.S.C. 7401 et seq.) to issue waiver credits to at the end of subparagraph (C) and inserting vanced geothermal research and devel- reduce the burden on obligated parties under a period, and striking subparagraph (D). the renewable fuel program under section (2) TREATMENT AS ENERGY PROPERTY.—Sec- opment, and for other purposes; which 211(o) of that Act (42 U.S.C. 7545(o)). tion 48(a)(5)(E) of such Code is amended by was ordered to lie on the table; as fol- (b) SALE OF CONVENTIONAL BIOFUEL CRED- inserting ‘‘and’’ at the end of clause (ii), by lows: ITS.—Section 211(o)(7) of the Clean Air Act striking ‘‘, and’’ at the end of clause (iii) and At the appropriate place, insert the fol- (42 U.S.C. 7545(o)(7)) is amended— inserting a period, and by striking clause lowing: (1) by redesignating subparagraphs (E) and (iv). SEC. lllll. COOPERATIVE ASSOCIATIONS (F) as subparagraphs (F) and (G), respec- (d) EFFECTIVE DATE.— THAT SUPPORT RURAL INFRA- tively; and (1) IN GENERAL.—Except as provided in STRUCTURE DEVELOPMENT. (2) by inserting after subparagraph (D) the paragraph (2), the amendments made by this Section 11 of the Federal Home Loan Bank following: section shall apply to electricity produced at Act (12 U.S.C. 1431) is amended by adding at ‘‘(E) CONVENTIONAL BIOFUEL.— facilities placed in service after December 31, the end the following: ‘‘(i) IN GENERAL.—The Administrator shall 2019. ‘‘(m) COOPERATIVE ASSOCIATIONS THAT SUP- make available for sale to obligated parties (2) ELECTION TO TREAT AS ENERGY PROP- PORT RURAL INFRASTRUCTURE DEVELOP- conventional biofuel credits at 10 cents per ERTY.—The amendments made by sub- MENT.— gallon. sections (b) and (c)(2) shall apply to periods ‘‘(1) IN GENERAL.—Each Federal Home Loan ‘‘(ii) REQUIREMENTS.—The regulations pro- beginning after December 31, 2019. Bank is authorized to purchase investment- mulgated to carry out clause (i)— grade securities from nonmember lenders ‘‘(I) shall ensure that the credits made SA 1476. Mr. CRAMER (for himself that— available for sale under that clause are and Mr. CARDIN) submitted an amend- ‘‘(A) are organized as cooperatives; available at any time; and ment intended to be proposed to ‘‘(B) have received financing from the Fed- ‘‘(II) shall not limit the number of conven- amendment SA 1407 submitted by Ms. eral Financing Bank; and tional biofuel credits made available in any MURKOWSKI and intended to be pro- ‘‘(C) have demonstrated experience in mak- calendar year’’. posed to the bill S. 2657, to support in- ing loans to cooperatives that are eligible to (c) TRANSFER OF REVENUE TO HIGHWAY novation in advanced geothermal re- receive loans or commitments for loans from TRUST FUND.—Section 9503(b) of the Internal search and development, and for other the Rural Utilities Service (or any successor Revenue Code of 1986 is amended by redesig- nating paragraph (6) as paragraph (7) and by purposes; which was ordered to lie on agency). the table; as follows: ‘‘(2) SECURED INVESTMENTS.—The securities inserting after paragraph (5) the following described in paragraph (1) shall be secured new paragraph: At the appropriate place, insert the fol- investments collateralized by loans of the ‘‘(6) REVENUE FROM SALE OF CONVENTIONAL lowing: cooperative lender. BIOFUEL CREDITS.—There are hereby appro- TITLE ll—NUCLEAR POWER ‘‘(3) DISCRETION.—The purchase of the secu- priated to the Highway Trust Fund amounts SEC. l01. SHORT TITLE. rities described in paragraph (1) shall be at equivalent to the revenues received from This title may be cited as the ‘‘Nuclear the sole discretion of each Federal Home sales described in section 211(o)(7)(E) of the Powers America Act of 2019’’. Loan Bank, consistent with such regula- Clean Air Act.’’. SEC. l02. ENERGY CREDIT FOR NUCLEAR EN- tions, restrictions, and limitations as may be ERGY PROPERTY. prescribed by the Agency.’’. SA 1474. Mr. INHOFE submitted an (a) IN GENERAL.—Section 48(a)(3)(A) of the amendment intended to be proposed to Internal Revenue Code of 1986 is amended in SA 1472. Mr. DAINES (for himself amendment SA 1407 submitted by Ms. clause (vi) by striking ‘‘or’’, by inserting and Mrs. CAPITO) submitted an amend- MURKOWSKI and intended to be pro- ‘‘or’’ at the end of clause (vii), and by adding at the end the following new clause: ment intended to be proposed to posed to the bill S. 2657, to support in- novation in advanced geothermal re- ‘‘(viii) qualified nuclear energy property,’’. amendment SA 1407 submitted by Ms. (b) ELIGIBLE FOR 30-PERCENT CREDIT.—Sec- MURKOWSKI and intended to be pro- search and development, and for other tion 48(a)(2)(A)(i) of such Code is amended by posed to the bill S. 2657, to support in- purposes; which was ordered to lie on striking ‘‘and’’ in subclause (III) and by add- novation in advanced geothermal re- the table; as follows: ing at the end the following new subclause: search and development, and for other On page 256, line 2, insert ‘‘and extraction’’ ‘‘(V) energy property described in para- purposes; which was ordered to lie on after ‘‘natural gas use’’. graph (3)(A)(viii) but only with respect to property placed in service before January 1, the table; as follows: SA 1475. Mr. CRAMER (for himself 2027, and’’. At the appropriate place, insert the fol- and Mr. HOEVEN) submitted an amend- (c) QUALIFIED NUCLEAR ENERGY PROP- lowing: ment intended to be proposed to ERTY.—Section 48(c) of such Code is amended SEC. ll. EXTENSION OF REFINED COAL PRO- amendment SA 1407 submitted by Ms. by adding at the end the following new para- DUCTION TAX CREDIT. graph: MURKOWSKI and intended to be pro- (a) IN GENERAL.—Section 45(e)(8) of the In- ‘‘(5) QUALIFIED NUCLEAR ENERGY PROP- ternal Revenue Code of 1986 is amended— posed to the bill S. 2657, to support in- ERTY.— (1) in subparagraph (A), by striking ‘‘10- novation in advanced geothermal re- ‘‘(A) IN GENERAL.—The term ‘qualified nu- year period’’ each place it appears and in- search and development, and for other clear energy property’ means any amounts serting ‘‘12-year period’’, and purposes; which was ordered to lie on paid or incurred for the refueling of, and any (2) in subparagraph (D)(ii)(II), by striking the table; as follows: other expenditures described in section 263(a) ‘‘10-year period’’ and inserting ‘‘12-year pe- At the appropriate place, insert the fol- with respect to, a qualifying nuclear power riod’’. lowing: plant. ‘‘(B) QUALIFYING NUCLEAR POWER PLANT.— (b) EFFECTIVE DATE.—The amendments SEC. ll. REPEAL OF EXTENSION OF CREDIT made by this section shall apply to coal pro- FOR ELECTRICITY PRODUCED FROM The term ‘qualifying nuclear power plant’ duced and sold after December 31, 2018. WIND. means a nuclear power plant which— (a) IN GENERAL.—Section 45(d)(1) of the In- ‘‘(i) submitted an application for license SA 1473. Mr. INHOFE (for himself, ternal Revenue Code of 1986, as amended by renewal to the Nuclear Regulatory Commis- Mr. TOOMEY, Mrs. CAPITO, and Mr. section 127 of division Q the Further Consoli- sion in accordance with part 54 of title 10, Code of Federal Regulations, before January CRUZ) submitted an amendment in- dated Appropriations Act, 2020, is amended 1, 2027, or tended to be proposed to amendment by striking ‘‘January 1, 2021’’ and inserting ‘‘January 1, 2020’’. ‘‘(ii) certified to the Secretary (at such SA 1407 submitted by Ms. MURKOWSKI (b) ELECTION TO TREAT QUALIFIED FACILI- time and in such form and in such manner as and intended to be proposed to the bill TIES AS ENERGY PROPERTY.—Section the Secretary prescribes) that such plant S. 2657, to support innovation in ad- 48(a)(5)(C)(ii) of the Internal Revenue Code of will submit an application for license re- vanced geothermal research and devel- 1986, as amended by section 127 of division Q newal to the Nuclear Regulatory Commis- opment, and for other purposes; which the Further Consolidated Appropriations sion in accordance with part 54 of title 10, was ordered to lie on the table; as fol- Act, 2020, is amended by striking ‘‘January 1, Code of Federal Regulations, before January lows: 2021’’ and inserting ‘‘January 1, 2021 (Janu- 1, 2027. ary 1, 2020, in the case of any facility which ‘‘(C) SPECIAL RULES.— At the appropriate place, insert the fol- is described in paragraph (1) of section ‘‘(i) BASIS.—For purposes of subsection (a), lowing: 45(d))’’. the cumulative amounts paid or incurred by SEC. lll. RENEWABLE FUEL PROGRAM. (c) APPLICATION OF PHASEOUT PERCENT- the taxpayer during the taxable year with (a) SENSE OF CONGRESS.—It is the sense of AGE.— respect to a qualifying nuclear power plant, Congress that the Administrator of the Envi- (1) IN GENERAL.—Section 45(b)(5) of such which are properly chargeable to capital ac- ronmental Protection Agency has the exist- Code is amended by inserting ‘‘and’’ at the count, shall be treated as the basis of the

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00169 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.075 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1442 CONGRESSIONAL RECORD — SENATE March 3, 2020 qualified nuclear energy property placed in ‘‘(iv) any person who has an ownership in- SA 1479. Mr. ROMNEY submitted an service for that taxable year. terest in such facility. amendment intended to be proposed to ‘‘(ii) PLACED IN SERVICE.—For purposes of ‘‘(3) SPECIAL RULES.— amendment SA 1407 submitted by Ms. subsection (a), qualified nuclear energy prop- ‘‘(A) APPLICATION TO PARTNERSHIPS.—In the MURKOWSKI and intended to be pro- erty shall be treated as having been placed in case of a credit under subsection (a) which is service on the last day of the taxable year in determined with respect to qualified nuclear posed to the bill S. 2657, to support in- which the taxpayer pays or incurs such energy property at the partnership level— novation in advanced geothermal re- amounts described in clause (i). ‘‘(i) for purposes of paragraph (1)(A), a search and development, and for other ‘‘(iii) RECAPTURE.—The Secretary shall, by qualified public entity shall be treated as the purposes; which was ordered to lie on regulations, provide for recapturing the ben- taxpayer with respect to such entity’s dis- the table; as follows: efit of any credit allowable under subsection tributive share of such credit, and At the end of subtitle A of title II, add the (a) to any qualifying nuclear power plant ‘‘(ii) the term ‘eligible project partner’ following: which made a certification pursuant to sub- shall include any partner of the partnership. SEC. 2103. MONITORING MINERAL INVESTMENTS paragraph (B) but does not file an applica- ‘‘(B) TAXABLE YEAR IN WHICH CREDIT TAKEN UNDER BELT AND ROAD INITIATIVE tion of license renewal to the Nuclear Regu- INTO ACCOUNT.—In the case of any credit (or OF PEOPLE’S REPUBLIC OF CHINA. latory Commission in accordance with part portion thereof) with respect to which an (a) REPORT REQUIRED.—Not later than one 54 of title 10, Code of Federal Regulations, election is made under paragraph (1), such year after the date of the enactment of this before January 1, 2027.’’. credit shall be taken into account in the Act, the Director of National Intelligence, in (d) PHASEOUT OF 30-PERCENT CREDIT RATE first taxable year of the eligible project part- consultation with the Secretary of Interior, FOR NUCLEAR ENERGY PROPERTY.—Section ner ending with, or after, the qualified public the Secretary of Energy, the Secretary of 48(a) of such Code is amended by adding at entity’s taxable year with respect to which Commerce, the Secretary of State, the Sec- the end the following new paragraph: the credit was determined. retary of Defense, and the United States ‘‘(8) PHASEOUT FOR QUALIFIED NUCLEAR EN- ‘‘(C) TREATMENT OF TRANSFER UNDER PRI- Trade Representative, shall submit to the ERGY PROPERTY.—In the case of qualified nu- VATE USE RULES.—For purposes of section appropriate congressional committees a re- clear energy property, the energy percentage 141(b)(1), any benefit derived by an eligible port on investments in minerals under the determined under paragraph (2) shall be project partner in connection with an elec- Belt and Road Initiative of the People’s Re- equal to— tion under this subsection shall not be taken public of China that includes an assessment ‘‘(A) in the case of any property placed in into account as a private business use.’’. of— service after December 31, 2024, and before (2) SPECIAL RULE FOR PROCEEDS OF TRANS- (1) notable past mineral investments; January 1, 2026, 26 percent, and FERS FOR MUTUAL OR COOPERATIVE ELECTRIC (2) whether and how such investments have ‘‘(B) in the case of any property placed in COMPANIES.—Section 501(c)(12)(I) of such increased the extent of control of minerals service after December 31, 2025, and before Code is amended by inserting ‘‘or 48(e)(1)’’ by the People’s Republic of China; January 1, 2027, 22 percent.’’. after ‘‘section 45J(e)(1)’’. (3) any efforts by the People’s Republic of (e) COORDINATION WITH CREDIT FOR PRODUC- (g) CONFORMING AMENDMENT.—Section China to counter or interfere with the goals TION FROM ADVANCED NUCLEAR POWER FA- 48(a)(2)(A) of such Code is amended by strik- of the Energy Resource Governance Initia- ing ‘‘and (7)’’ and inserting ‘‘, (7), and (8)’’. CILITIES.—The last sentence of section tive of the Department of State; and (h) EFFECTIVE DATE.—The amendments 48(a)(3) is amended by inserting ‘‘or 45J’’ (4) the strategy of the People’s Republic of after ‘‘section 45’’. made by this section shall apply to periods after December 31, 2019, in taxable years end- China with respect to mineral investments. (f) TRANSFER OF CREDIT BY CERTAIN PUBLIC ONITORING MECHANISM.—In conjunc- ing after such date, under rules similar to (b) M ENTITIES.— the rules of section 48(m) of the Internal tion with each report required by subsection (1) IN GENERAL.—Section 48 of such Code is Revenue Code of 1986 (as in effect on the day (a), the Director shall submit to the appro- amended by adding at the end the following before the enactment of the Revenue Rec- priate congressional committees a list of any new subsection: onciliation Act of 1990). minerals with respect to which— ‘‘(e) SPECIAL RULE FOR QUALIFIED NUCLEAR (1) the People’s Republic of China, directly ENERGY PROPERTY.— SA 1477. Ms. MURKOWSKI submitted or through the Belt and Road Initiative— ‘‘(1) IN GENERAL.—In the case of any quali- an amendment intended to be proposed (A) is increasing its concentration of ex- fied nuclear energy property, if, with respect to amendment SA 1407 submitted by traction and processing; to a credit under subsection (a) for any tax- (B) is acquiring significant mining and able year— Ms. MURKOWSKI and intended to be pro- processing facilities; ‘‘(A) the taxpayer would be a qualified pub- posed to the bill S. 2657, to support in- (C) is maintaining or increasing export re- lic entity, and novation in advanced geothermal re- strictions; or ‘‘(B) such entity elects the application of search and development, and for other (D) has achieved substantial control of the this subsection for such taxable year with re- purposes; which was ordered to lie on supply of minerals used within an industry spect to all (or any portion specified in such the table; as follows: or related minerals; or election) of such credit, On page 332, strike lines 17 through 20 and (2) there is a significant difference between the eligible project partner specified in such insert the following: domestic prices in the People’s Republic of election (and not the qualified public entity) ‘‘(E) leverage the principles of sustainable China as compared to prices on international shall be treated as the taxpayer for purposes manufacturing and sustainable chemistry to markets; or of this title with respect to such credit (or minimize the negative environmental im- (3) there is a significant increase or vola- such portion thereof). pacts of manufacturing while conserving en- tility in price as a result of the Belt and ‘‘(2) DEFINITIONS.—For purposes of this sub- ergy and resources, including— Road Initiative of the People’s Republic of section— China. ‘‘(A) QUALIFIED PUBLIC ENTITY.—The term SA 1478. Mr. LANKFORD submitted (c) CRITICAL MINERAL EVALUATION.—For ‘qualified public entity’ means— an amendment intended to be proposed any mineral included on the list required by ‘‘(i) a Federal, State, or local government to amendment SA 1407 submitted by subsection (b) that is not already designated entity, or any political subdivision, agency, as critical by the Secretary of the Interior Ms. MURKOWSKI and intended to be pro- or instrumentality thereof, pursuant to section 2101, the Director shall— ‘‘(ii) a mutual or cooperative electric com- posed to the bill S. 2657, to support in- (1) determine, in consultation with the pany described in section 501(c)(12) or section novation in advanced geothermal re- Secretary of the Interior, the Secretary of 1381(a)(2), or search and development, and for other Energy, the Secretary of Commerce, the Sec- ‘‘(iii) a not-for-profit electric utility which purposes; which was ordered to lie on retary of State, the Secretary of Defense, has or had received a loan or loan guarantee the table; as follows: and the United States Trade Representative, under the Rural Electrification Act of 1936. At the end of subtitle A of title II, add the whether the mineral is strategic and critical ‘‘(B) ELIGIBLE PROJECT PARTNER.—The term following: to the defense or national security of the ‘eligible project partner’ means— SEC. 21lll. LOAN GUARANTEES FOR PROJECTS United States; and ‘‘(i) any person responsible for operating, THAT INCREASE THE DOMESTIC (2) make a recommendation to the Sec- maintaining, or repairing the qualifying nu- SUPPLY OF CRITICAL MINERALS. retary of the Interior regarding the designa- clear power plant to which the credit under Section 1703(b) of the Energy Policy Act of tion of the mineral under section 2101. subsection (a) relates, 2005 (42 U.S.C. 16513(b)) is amended by adding (d) ANNUAL UPDATES.—The Director shall ‘‘(ii) any person who participates in the at the end the following: update the report required by subsection (a) provision of the nuclear steam supply system ‘‘(11) Projects that increase the domestic and list required by subsection (b) not less to the qualifying nuclear power plant to supply of critical minerals (as designated by frequently than annually. which the credit under subsection (a) relates, the Secretary of the Interior under section (e) FORM.—Each report or list required by ‘‘(iii) any person who participates in the 2101(c) of the American Energy Innovation this section shall be submitted in unclassi- provision of nuclear fuel to the qualifying Act of 2020), including through mining, recy- fied form but may include a classified annex. nuclear power plant to which the credit cling, and the fabrication of mineral alter- (f) APPROPRIATE CONGRESSIONAL COMMIT- under subsection (a) relates, or natives.’’. TEES DEFINED.—In this section, the term

VerDate Sep 11 2014 04:17 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00170 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.079 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 3, 2020 CONGRESSIONAL RECORD — SENATE S1443 ‘‘appropriate congressional committees’’ Committee on Commerce, Science, and (i) exercises control over the covered entity; or means— Transportation is authorized to meet (ii) has a substantial interest in or receives (1) the Committee on Energy and Natural during the session of the Senate on substantial economic benefits from the assets of Resources, the Committee on Foreign Rela- Tuesday, March 3, 2020, at 2:30 p.m., to the covered entity. tions, the Committee on Armed Services, the (B) EXCEPTIONS.—The term ‘‘beneficial Committee on Finance, the Committee on conduct a hearing. owner’’ does not include, with respect to a cov- Homeland Security and Governmental Af- f ered entity— fairs, and the Committee on Appropriations (i) a minor child; of the Senate; and PRIVILEGES OF THE FLOOR (ii) a person acting as a nominee, inter- (2) the Committee on Energy and Com- Mr. LEAHY. Mr. President, I ask mediary, custodian, or agent on behalf of an- other person; merce, the Committee on Foreign Affairs, unanimous consent that Deborah the Committee on Armed Services, the Com- (iii) a person acting solely as an employee of mittee on Ways and Means, the Committee Fleischaker, a detailee on my Judici- the covered entity and whose control over or on Homeland Security, and the Committee ary Committee staff, be granted floor economic benefits from the covered entity de- on Appropriations of the House of Represent- privileges for the remainder of the rives solely from the employment status of the atives. 116th Congress. person; (iv) a person whose only interest in the cov- f The PRESIDING OFFICER. Without objection, it is so ordered. ered entity is through a right of inheritance, AUTHORITY FOR COMMITTEES TO unless the person also meets the requirements of MEET f subparagraph (A); or (v) a creditor of the covered entity, unless the Mr. BLUNT. Mr. President, I have 8 SECURE FEDERAL LEASES FROM creditor also meets the requirements of subpara- requests for committees to meet during ESPIONAGE AND SUSPICIOUS EN- graph (A). today’s session of the Senate. They TANGLEMENTS ACT (C) ANTI-ABUSE RULE.—The exceptions under subparagraph (B) shall not apply if used for the have the approval of the Majority and Ms. MURKOWSKI. Madam President, Minority leaders. purpose of evading, circumventing, or abusing I ask unanimous consent that the Sen- the requirements of this Act. Pursuant to rule XXVI, paragraph ate proceed to the immediate consider- (2) CONTROL.—The term ‘‘control’’ means, 5(a), of the Standing Rules of the Sen- ation of Calendar No. 196, S. 1869. with respect to a covered entity— ate, the following committees are au- The PRESIDING OFFICER. The (A) having the authority or ability to deter- thorized to meet during today’s session clerk will report the bill by title. mine how a covered entity is utilized; or of the Senate: The senior assistant legislative clerk (B) having some decision-making power for the use of a covered entity. COMMITTEE ON ARMED SERVICES read as follows: (3) COVERED ENTITY.—The term ‘‘covered enti- The Committee on Armed Services is A bill (S. 1869) to require the disclosure of ty’’ means— authorized to meet during the session ownership of high-security space leased to (A) a person, corporation, company, business of the Senate on Tuesday, March 3, accommodate a Federal agency, and for association, partnership, society, trust, or any 2020, at 9:30 a.m., to conduct a hearing. other purposes. other nongovernmental entity, organization, or COMMITTEE ON ENERGY AND NATURAL There being no objection, the Senate group; or RESOURCES proceeded to consider the bill, which (B) any governmental entity or instrumen- had been reported from the Committee tality of a government. The Committee on Energy and Nat- (4) EXECUTIVE AGENCY.—The term ‘‘Executive ural Resources is authorized to meet on Homeland Security and Govern- agency’’ has the meaning given the term in sec- during the session of the Senate on mental Affairs, with an amendment to tion 105 of title 5, United States Code. Tuesday, March 3, 2020, at 10 a.m., to strike all after the enacting clause and (5) FEDERAL AGENCY.—The term ‘‘Federal conduct a hearing. insert in lieu thereof the following: agency’’ means any Executive agency or any es- tablishment in the legislative or judicial branch COMMITTEE HEALTH, EDUCATION, LABOR, AND SECTION 1. SHORT TITLE; FINDINGS. of the Government. PENSIONS (a) SHORT TITLE.—This Act may be cited as (6) FEDERAL LESSEE.—The term ‘‘Federal les- the ‘‘Secure Federal Leases from Espionage and The Committee Health, Education, see’’ means the Administrator of General Serv- Suspicious Entanglements Act’’ or the ‘‘Secure Labor, and Pensions is authorized to ices, the Architect of the Capitol, or the head of Federal LEASEs Act’’. meet during the session of the Senate any Federal agency, other than the Department (b) FINDINGS.—Congress finds that— on Tuesday, March 3, 2020, at 10 a.m., of Defense, that has independent statutory leas- (1) the Government Accountability Office has ing authority. to conduct a hearing. reported that the Federal Government often (7) FEDERAL TENANT.—The term ‘‘Federal ten- COMMITTEE ON VETERANS’ AFFAIRS leases high-security space from private sector ant’’ means a Federal agency that is occupying The Committee on Veterans’ Affairs landlords; or will occupy a high-security leased space for is authorized to meet during the ses- (2) the General Services Administration col- which a lease agreement has been secured on be- sion of the Senate on Tuesday, March lects highest-level and immediate ownership in- half of the Federal agency. formation through the System of Award Man- 3, 2020, at 2 p.m., to conduct a hearing. (8) FOREIGN ENTITY.—The term ‘‘foreign enti- agement, but it is not currently required to col- SELECT COMMITTEE ON INTELLIGENCE ty’’ means a covered entity that is lect beneficial ownership information and lacks headquartered or incorporated in a country that The Select Committee on Intel- an adequate system for doing so; is not the United States. ligence is authorized to meet during (3) the General Services Administration and (9) FOREIGN PERSON.—The term ‘‘foreign per- the session of the Senate on Tuesday, Federal agencies with leasing authority may not son’’ means an individual who is not a United March 3, 2020, at 2:30 p.m., to conduct a know if foreign owners have a stake in the States person. buildings leased by the agencies, either through closed roundtable. (10) HIGH-SECURITY LEASED SPACE.—The term foreign-incorporated legal entities or through ‘‘high-security leased space’’ means a space SUBCOMMITTEE ON CYBERSECURITY ownership in United States-incorporated legal leased by a Federal lessee that— The Subcommittee on Cybersecurity entities, even when the leased space is used for (A) will be occupied by Federal employees for of the Committee on Armed Services is classified operations or to store sensitive data; nonmilitary activities; and authorized to meet during the session and (B) has a facility security level of III, IV, or of the Senate on Tuesday, March 3, (4) according to a report of the Government V, as determined by the Federal tenant in con- 2020, at 2:30 p.m., to conduct a hearing. Accountability Office, dated January 2017, that sultation with the Interagency Security Com- examined the risks of foreign ownership of Gov- mittee, the Department of Homeland Security, SUBCOMMITTEE ON READINESS AND ernment-leased real estate, ‘‘leasing space in and the General Services Administration. MANAGEMENT SUPPORT foreign-owned buildings could present security (11) HIGHEST-LEVEL OWNER.—The term ‘‘high- The Subcommittee on Readiness and risks such as espionage and unauthorized cyber est level owner’’ means the entity that owns or Management Support of the Com- and physical access’’. controls an immediate owner of the offeror of a mittee on Armed Services is authorized SEC. 2. DEFINITIONS. lease, or that owns or controls 1 or more entities to meet during the session of the Sen- In this Act: that control an immediate owner of the offeror. ate on Tuesday, March 3, 2020, at 2:30 (1) BENEFICIAL OWNER.— (12) IMMEDIATE OWNER.—The term ‘‘immediate p.m., to conduct a hearing. (A) IN GENERAL.—Except as provided in sub- owner’’ means an entity, other than the offeror paragraph (B), the term ‘‘beneficial owner’’ of a lease, that has direct control of the offeror, SUBCOMMITTEE ON SCIENCE, OCEANS, means, with respect to a covered entity, each including ownership or interlocking manage- FISHERIES, AND WEATHER natural person who, directly or indirectly, ment, identity of interests among family mem- The Subcommittee on Science, through any contract, arrangement, under- bers, shared facilities and equipment, and the Oceans, Fisheries, and Weather of the standing, relationship, or otherwise— common use of employees.

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