Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 116 CONGRESS, SECOND SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, SECOND SESSION

Vol. 166 WASHINGTON, WEDNESDAY, SEPTEMBER 23, 2020 No. 165 House of Representatives The House met at 9 a.m. and was degrees that these wildfires will go We have been trying for years to re- called to order by the Speaker pro tem- away, then he is completely delusional. form these laws, resume active forest pore (Mr. CUELLAR). Excess timber comes out of the forest management, and restore our forests to in only two ways: It is either carried f health; yet the environmental leftists out or it burns out. For most of the have blocked us every year. Instead, DESIGNATION OF SPEAKER PRO 20th century, we carried it out. It is politicians use the excuse of climate TEMPORE called logging. change. The SPEAKER pro tempore laid be- Every year, the U.S. Forest Service fore the House the following commu- foresters would mark off excess timber, Really? These environmental laws nication from the Speaker: and then we auctioned it off to lumber generally apply only to public lands. companies that paid us to remove it, Today, you can easily tell the bound- WASHINGTON, DC, funding both local communities and September 23, 2020. aries between private and public lands the forest service. We auctioned graz- I hereby appoint the Honorable HENRY solely on the condition of the forests. ing contracts on our grasslands. The CUELLAR to act as Speaker pro tempore on How clever of the climate only to deci- result was healthy forests, fewer fires, this day. mate the public lands. NANCY PELOSI, and a thriving economy. Speaker of the House of Representatives. But beginning in the 1970s, we began The climate has changed much over imposing environmental laws that have f the centuries, but the problem has not. made the management of our lands all When Juan Cabrillo dropped anchor in MORNING-HOUR DEBATE but impossible. Draconian restrictions Santa Monica Bay in October of 1542, The SPEAKER pro tempore. Pursu- on logging, grazing, prescriptive burn- the height of the Santa Ana fire sea- ant to the order of the House of Janu- ing, and herbicide use on public lands son, he named it the Bay of Smoke. Be- ary 7, 2020, the Chair will now recog- have made modern land management fore western civilization, paleontolo- nize Members from lists submitted by endlessly time consuming and, ulti- gists tell us that we lost between 4 and mately, cost prohibitive. A single tree the majority and minority leaders for 12 million acres a year to wildfire in thinning plan typically requires 4 years morning-hour debate. California. The Chair will alternate recognition and more than 800 pages of analysis. Modern forests and land management between the parties, with time equally The costs of this process exceed the brought that destruction down to just allocated between the parties and each value of timber, turning land mainte- Member other than the majority and nance from a revenue-generating activ- a quarter of a million acres during the minority leaders and the minority ity to a revenue-consuming one. 20th century. That annual destruction Since 1980, these laws have produced whip limited to 5 minutes, but in no is now back up to 3 million acres a an 80 percent decline in timber har- event shall debate continue beyond year. vested off of the Federal forests and a 10:50 a.m. concomitant increase in acreage de- That is not a new normal; that is the f stroyed by fire. In California, the num- old normal reasserting itself. That is ber of sawmills has declined from 149 to not climate change; that is how nature NEED FOR ACTIVE FOREST deals with overgrown lands. And once MANAGEMENT just 27. Now, these laws were passed with the destroyed, it can take centuries for our The SPEAKER pro tempore. The promise they would improve the for- forests to regrow. Chair recognizes the gentleman from ests. Well, after more than four dec- We began active forest management California (Mr. MCCLINTOCK) for 5 min- ades, I think we are entitled to ask: to break that cycle. We decided we utes. How are the forests doing? wanted every generation to enjoy our Mr. MCCLINTOCK. Mr. Speaker, last An untended forest is just like an week, President Trump came to Cali- untended garden. It will grow and grow forests. So we introduced scientific for- fornia to be briefed on the horrific fires until it chokes itself to death. In a est management to do a little gar- now raging in that State. Instead, he morbidly overcrowded State, stressed dening and keep our forests healthy by got a lecture from Governor Newsom trees fall victim to disease, pestilence, suppressing brush and harvesting ex- and his staff on climate change. drought, and, ultimately, catastrophic cess timber so it couldn’t crowd itself Well, if Gavin Newsom actually be- wildfire. In many regions of the Sierra, to death. And it worked, until the envi- lieves that if we all just ride our bikes timber density is now four times great- ronmental laws abandoned science for to work and set our thermostats to 80 er than the land can support. ideology.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Sep 11 2014 06:01 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A23SE7.000 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4720 CONGRESSIONAL RECORD — HOUSE September 23, 2020 The planet has been warming and Solar Energy Research and Develop- Mike; Mesack, Michelle (Yahng); Miniat, cooling for millennia. Warmer tem- ment Act. This bill authorizes solar en- Charlie; Nordquist, Matt; Olson, Bill; Olson, peratures make it all the more impor- ergy research, development, and de- Richard; Pfister, Sam; Reinhard, Courtney tant to match tree density to the abil- ployment within the Department of (Anderson); Risolute, Scott; Sarley, Chris; Schonert, Neil; Tvrdy, Joe; Uram, Steve; ity of the land to support it. That Energy. Wolf, Saralyn (Tucker); Youssefiani, Darius. means more logging, not less. Utah is a national leader in solar California has taken draconian meas- technology and is projected to produce Mr. SHIMKUS. Mr. Speaker, staff as- ures to reduce carbon dioxide emis- over 1,000 megawatts of solar power in sistants are the first person a visitor sions, at a terrible cost for the quality the next 5 years. My bill addresses the sees or hears in my D.C. office. First of life of Californians. We now suffer very serious threat of climate change, impressions are lasting impressions, so some of the highest costs for energy in while supporting clean energy jobs. even though they are the lowest on the the country; we have destroyed our I am also pleased to see my air qual- totem pole, they are very important. manufacturing base; and we can’t guar- ity bill included. The Background Staff assistants welcome visitors antee enough electricity to keep our Ozone Research Study Act directs the from the district. They help direct refrigerators running. Yet a single cat- EPA and the National Academies of them and, many times, conduct tours astrophic fire makes a mockery of all Science to study the sources of back- of the Capitol. They help constituents of these laws and the sacrifices they ground ozone pollution and to provide with hotel information and lists of impose on our people. actionable steps for cleaning our air. other tourist venues. Governor Newsom says he has no pa- Mr. Speaker, this bill supports our Flags flown over the Capitol are tience for such views. Well, that is a clean energy economy and addresses highly sought after. These flags are re- tragedy for all Californians and for all our very serious need to address the quested for memorial events and of California’s forests. climate crisis. thank-yous. Many times they are needed in a timely manner and, most times, IN SUPPORT OF THE FAITH IN CONGRESS ACT f have a specific date that the flag Mr. MCADAMS. Mr. Speaker, I rise in IN SUPPORT OF THE VETERAN should be flown. Staff assistants ensure support of the FAITH in Congress Act. HIGH ALTITUDE AND SUICIDE that this is done. This bipartisan legislation, introduced RESEARCH ACT The tough part of the job is answer- by my colleague STEPHANIE MURPHY, ing the phones. Sometimes these calls The SPEAKER pro tempore. The seeks to restore trust and faith in Con- are overwhelming and will get rolled to Chair recognizes the gentleman from gress as an institution. Utah (Mr. MCADAMS) for 5 minutes. As I travel throughout my district another staff member. Many times the Mr. MCADAMS. Mr. Speaker, I rise and talk with Utahns, there is a com- callers are just plain mean and nasty. today to speak on the VA High Alti- mon theme that I hear from people of Just like in baseball, if the caller says tude and Suicide Research Act. I intro- all political walks. That is that our po- the magic words, they are gone. There duced this bipartisan bill to combat a litical system is broken, and we need is no need to put my staff in that posi- very serious threat to our veteran pop- to change the way Washington does tion. It is sad that adults act this way ulation. business. So this bill takes common- and young adults have to put up with After serving and protecting our sense, concrete steps to restore that it. country, our veterans return home faith through five central pillars: The next position in my office is the only to face new threats. Studies show No automatic pay increases for Mem- legislative correspondent. For me, that veteran suicide is one-and-a-half bers of Congress, which I have fought these folks are concerned with writing times higher than nonveteran suicides. against since I was first sworn in; and mailing letters in response to in- We must do everything we can to un- No budget, no pay; quiries. Since I do not do bulk mail- derstand why our Nation’s heroes are No first-class Member travel at tax- ings, this job is even more important in taking their own lives, and we must do payer expense; that individual letters received by my more to prevent more tragic deaths. A lifetime ban on lobbying by former office receive an individual response by In talking with suicide prevention Members of Congress; and me. Most of the time, I have constitu- experts in my home State of Utah, I Prioritizing bipartisan bills over parents thanking me for responding. Very am told that we need to better under- tisan bills. few times did we drop the ball, and if stand the possible connection between That is it. Five simple steps that we we did, I would circle back with my high altitude and suicide. That is what should all be able to rally behind. staff and we would get a letter out. my bill does. Mr. Speaker, this is common sense, The legislative correspondent has the The VA High Altitude and Suicide and I urge the House to take up and legislative assistant’s help with the Research Act compels the VA to study pass this legislation without delay. letter, which will be reviewed by my the link between veteran suicide and f legislative director and the chief of high altitude. It also requires the VA staff. The legislative correspondent to establish effective treatment plans HONORING STAFF ASSISTANTS, gets an idea of the width and the that respond to the threats and to save LEGISLATIVE CORRESPONDENTS, breadth and the depth of policy issues lives. AND LEGISLATIVE ASSISTANTS that constituents are concerned with. As a nation, we have a responsibility The SPEAKER pro tempore. The It is a great place to start. to prevent future tragedies and provide Chair recognizes the gentleman from Sometimes, on a very contentious these servicemembers with the care Illinois (Mr. SHIMKUS) for 5 minutes. issue, I will draft the letter myself. that they so desperately deserve. Mr. SHIMKUS. Mr. Speaker, today, I These letters have to come from the I thank the House for taking up this rise to thank those young men and heart. important legislation, and I urge adop- women who have served the people of Legislative correspondents usually tion. Illinois and the country as staff assist- move to the legislative assistant posi- SUPPORT FOR A SUSTAINABLE, CLEAN ENERGY ants, legislative correspondents, and tion. Legislative assistants start spe- ECONOMY legislative assistants. cializing in specific policy areas. They Mr. MCADAMS. Mr. Speaker, I rise I include in the RECORD a list of their may have some background in these today to speak in support of two of my names. areas, or they can be totally foreign to bills included in the Clean Economy Blanford, Thomas; Blanford, Meredith; them. This is where a college degree and Jobs Innovation Act. This legisla- Boyer, Davis; Cardon, Flavio (Amaya); based upon research, analysis, and tive package takes bold and important Chang, Albert; Chiang, Alex; Clanahan, writing pays off. steps toward a sustainable, clean en- Chase; Culp, Grant; Daulby, Jen; As a member of the Energy and Com- ergy economy. It is not only good for Davidsmeyer, CD; DeWitt, Bret; Esposito, merce Committee, my subcommittees Tony; Flanigan, Matt; Goldenstein, Jim; our health and for our environment, Hatzis, Luke; Haverly, Jordan; Jamison, have to be covered. But it is not un- but it is good for our economy. Reno; Johnson, Matt. common for staff members to carry a I am particularly pleased to see my Kirsh, Ari; Lange, Kelly (Childress); Lloyd, diversified portfolio of issues that they legislation included in the package, the Amy (Mathews); Madden, Steve; Mateer, have to follow.

VerDate Sep 11 2014 06:01 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.002 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4721 Can you imagine having to follow the legislation years ago, and for her in- rysm Month, the time when we spread evolving world of energy issues while credible work to raise the visibility of awareness of the signs and symptoms also being responsible for education, women in every space and place to re- and seek increased research into treat- veteran affairs, and foreign policy? inforce the critical role women have ment and prevention. This is a smaller example of the larger played and continue to play in history. This month has a very special con- issues Members have to be on top of I am deeply grateful for her leadership. nection to northeast Florida that I every day. The only way we can do that Finally, let me just specifically ac- would like to take just a moment to is with the help of our legislative as- knowledge my staff, my former legisla- share. sistants, and for that, I thank them. tive director, Emma Mehrabi, for early Trinity Love Hoblit was born with a From this position, some have con- on never missing a beat with diligence rare form of primordial dwarfism and tinued to become legislative directors, and strategic work in getting this bill grew to be only 29 inches tall. Despite work on a committee, become chief of to the floor, and also my current legis- her small size, the love and joy she staff, work in the private sector, or relative director, Gregory Adams, who brought into this world was larger than turn home to start other careers. Some really has taken this bill to the finish life. Throughout her life, she battled may even find their way back to D.C. line. brain aneurysms and underwent nu- as a Member of Congress. This does H.R. 1923 will create a new series of merous surgeries to help alleviate the happen. circulating quarters, starting in 2022, symptoms. What a great benefit to have these featuring trailblazing women in Amer- Sadly, on June 30, 2015, Trinity young men and women sacrifice their ican history. It is my hope that women passed away. She was only 14 years of time to serve the country. It is stress- of all backgrounds, diverse American age. ful; there are long hours; their com- women, will be chosen and depicted, To continue her life legacy, her par- pensation is limited, especially consid- celebrating the accomplishments of ents, Olivia and Phil Hoblit, estab- ering the high cost of living in D.C. our Nation’s historical leaders, think- lished the Trinity Love Hoblit Founda- Whenever they leave this place, they ers, innovators, activists, freedom tion, headquartered in Amelia Island, will have an appreciation that gov- fighters, women who have contributed Florida. Its purpose is to support and erning is difficult and that most Mem- to achievements in many, many fields: fund neurological research, training, bers come to D.C. with a real desire to civil rights, abolition, suffrage, and treatment for brain aneurysms, serve, just as they did. They have my science, and technology, the arts and strokes, and other cerebrovascular con- thanks. humanities, education. Because of ditions at hospitals in northeast Flor- f these women our country is better for ida and around the country. them and their leadership. So in honor of Trinity and the foun- b 0915 Much like the previous and cele- dation in her name, please listen close- CELEBRATING 100 YEARS OF brated 50 State Quarters program, the ly to the risk factors and signs and WOMEN’S SUFFRAGE women featured on these coins and symptoms of brain aneurysms. their images will be selected with The risk factors include: Smoking, The SPEAKER pro tempore. The broad public input. Each Governor will high blood pressure, older age, alcohol Chair recognizes the gentlewoman from engage with members of the general and/or drug abuse, and family history. California (Ms. LEE) for 5 minutes. public and local groups focused on in- The symptoms of a brain aneurysm Ms. LEE of California. Mr. Speaker, I creasing the inclusion of women or im- include: Severe headache, pain above rise today to speak in support of H.R. proving the quality of life for women to one eye or behind one eye, blurred or 1923, the Women’s History and Nine- recommend a prominent, trailblazing double vision, difficulty speaking or teenth Amendment Centennial Quarter woman to represent their State or ter- swallowing, numbness or weakness on Dollar Coin Program Act. This bill will ritory to be featured on their State one side of the body, and seizures. celebrate 100 years of women’s suffrage coin. Please do not ignore these symptoms, by featuring women leaders from It is my hope that through this proc- and promptly seek medical care if you across the country on quarter dollar ess the broader American public can experience any of them, especially if coins. engage in a dialogue and celebration of you are having the worst headache of We have been working to advance the contributions of these women, en- your life. When it comes to brain aneu- this bill for over 3 years, and I am so suring that their legacy and contribu- rysms, awareness is the beginning of proud to have the endorsement of var- tions are more widely known, under- prevention and cure. ious stakeholders and the support of stood, and valued in each and every On behalf of the Fourth Congres- the United States Mint and Treasury corner of our country. sional District of Florida, I offer my on this legislation. Mr. Speaker, driving to the Capitol heartfelt thanks to Olivia and Phil Let me first thank my co-lead, Con- this morning, traffic was stopped at Hoblit, the Trinity Love Hoblit Foun- gressman ANTHONY GONZALEZ, as well the corner. I saw the hearse carrying dation, their board of directors, and ad- as our Senate counterparts, Senators the casket of our beloved Justice Gins- visory committee members for the CATHERINE CORTEZ MASTO and DEB burg to the Supreme Court. I said a lives they are helping to save every FISCHER, for their efforts, and for all of prayer as I witnessed the procession, day. our staff for working diligently on this and thought about her life and how she Through their important work, the legislation. paved the way for racial and gender loving memory of Trinity Love Hoblit And I thank my good friend Con- equality, and I thought about it in the will live on forever. gresswoman MAXINE WATERS and the context of this bill today, and the phe- f Financial Services Committee for their nomenal women who this country will JUSTICE FOR BREONNA TAYLOR leadership and commitment to getting have a chance to get to know. I thank this bill to the floor. There is bipar- her for her life, her legacy, and for The SPEAKER pro tempore. The tisan and bicameral support for this what she has done to ensure that Chair recognizes the gentleman from legislation. women now have their rightful place in Texas (Mr. GREEN) for 5 minutes. My good friend, Congresswoman history. Mr. GREEN of Texas. Mr. Speaker, BONNIE WATSON COLEMAN’s legislation f and still I rise, and I rise today, Mr. on semiquincentennial coins com- Speaker, on behalf of the many persons memorating the 250th anniversary of RECOGNIZING BRAIN ANEURYSM who are peacefully protesting and de- the United States is included in this MONTH manding justice for Breonna Taylor; coin package, and I thank her for The SPEAKER pro tempore. The peacefully protesting and demanding spearheading the efforts on that initia- Chair recognizes the gentleman from justice. tive. Florida (Mr. RUTHERFORD) for 5 min- But I also rise, Mr. Speaker, for the Finally, let me thank my dear friend, utes. many persons who may never protest, former U.S. Treasurer, Rosie Rios, who Mr. RUTHERFORD. Mr. Speaker, I but believe that Breonna Taylor de- was really instrumental in shaping this rise today to recognize Brain Aneu- serves justice.

VerDate Sep 11 2014 08:49 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.004 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4722 CONGRESSIONAL RECORD — HOUSE September 23, 2020 I rise, Mr. Speaker, because my heart I always look for opportunities to en- Hispanic starting quarterback in the is heavy. It is difficult to comprehend gage directly with farmers and ranch- NFL. some of the things that are happening ers and producers and processors. This But his success didn’t stop there. in this country. It is expected that year’s agriculture summit provided After ending his playing career, he there will be some announcement in valuable feedback about how the pan- went on to Super Bowl XI as an assist- the near future as to the fate of the of- demic has affected rural America; feed- ant coach for the Raiders. Whether ficers who were engaged in the no- back that will be critical as Congress they be the Oakland Raiders, the Los knock intrusion; a no-knock intrusion. continues to address the impacts of the Angeles Raiders, or now the Las Vegas Mr. Speaker, I want to tell you and pandemic on the agricultural sector. Raiders, we all know the silver and the world what justice for Breonna Prior to the coronavirus, the farm black, with a great deal of pride. Taylor would look like. Justice for economy had been in a multiyear Four years later, he led the team to Breonna Taylor would look the same as slump. Just as things were starting to victory as a head coach, becoming the it would if Breonna Taylor were of a look up, with USMCA signed into law first Hispanic head coach to win a different hue. She was an African- and new trade deals in the works, this Super Bowl. He did it twice. American female. She was in her apart- pandemic hit all of us hard, particu- To this day, he is only one of two ment. She was not breaking the law. larly our farm families. people in history to win multiple Super Justice for Breonna Taylor would I have heard a great deal of positive Bowls as a player, an assistant coach, look the same way it would look for feedback across the board about the and a head coach. Breonna Taylor if she was were a White USDA Farmers to Families Food Despite his success, he never forgot woman; a White woman in her apart- Boxes. Not only is this program pro- where he came from. That is Tom. ment; a White woman not breaking the viding fresh, nutritious foods to fami- We hope and pray the third time is a law; a White woman who had the police lies in need, it also is helping farmers charm and that he will be inducted intrude into her home, as it were, with sell crops that may otherwise go to into the NFL’s Hall of Fame in Canton, a no-knock warrant. This is what jus- waste. Ohio. tice would look like for Breonna Tay- I have been impressed with the qual- Since leaving professional football, lor. ity of the program, particularly with Coach Flores has used his influence to And at some point in this country we the oversight and efficiency. Thanks to bring educational opportunities to the have to acknowledge that there is a the Farmers to Families Food Box Pro- valley home where he came from perception that there is a system of gram, more than 90 million boxes have through the Tom Flores Youth Foun- justice that is not blind, a system of been delivered to families in need. dation. justice that sees the color. And when Another program that has been help- He has raised nearly $2 million to the color of the person is known, jus- ing our farmers is the Coronavirus support local school districts, science, tice can sometimes turn a blind eye. Food Assistance Program, or CFAP. art, and athletic programs. He never So today I rise, and I demand justice Now, I couldn’t believe it, but one of forgot where he came from. Before the pandemic, he was also for Breonna Taylor, the same justice the farmers I met while back in my dis- scheduled to be an honored guest for that she would get if she were a dif- trict for August recess had not heard of ferent hue, in her home, 26 years old, Fresno’s annual FresYES Fest. the program and how it could help his Sadly, despite such a decorated ca- committing no crime; the same justice. family farm. And, finally, if we continue to allow reer, he was passed over for induction I want to urge my colleagues, espe- in the Professional Football Hall of the perception to exist that injustice cially now that the second round of can be justified, it will not bode well Fame back in February. It was not the CFAP has been made available, to con- first time. for our country. tinue to spread the word about this I stand for peaceful protest, and I de- In January, I introduced legislation valuable resource. calling for the recognition of his sig- nounce any form of protest other than While we have supported the agri- peaceful protest. nificant achievements in the sport and culture industry in the previous COVID for his induction into the Professional I demand justice for Breonna Taylor. relief efforts, many of our farmers are f Football Hall of Fame. wondering what is next. Recently, the Professional Football AGRICULTURAL SUMMIT FOR OUR It is my hope that we put politics Hall of Fame Selection Committee an- FARMERS aside and finally come together on a bi- nounced Coach Flores as the single fi- The SPEAKER pro tempore. The partisan agreement that will support nalist in the 2021 class in a new coach Chair recognizes the gentleman from our hardworking essential employees category. This development is welcome in the agriculture industry, as well as Pennsylvania (Mr. THOMPSON) for 5 news and opens the door for Coach Flo- minutes. our critical industries. res to receive the overdue recognition Mr. THOMPSON of Pennsylvania. f he deserves. Mr. Speaker, during the August recess b 0930 So, we recognize the important con- I had the pleasure of hosting one of my tributions Hispanic Americans have favorite annual events, an agriculture RECOGNIZING COACH TOM FLORES made to our culture, to our commu- summit in Cresson, Pennsylvania, The SPEAKER pro tempore. The nities, in every way of life in the Cambria County. Chair recognizes the gentleman from United States. The event took place for the second California (Mr. COSTA) for 5 minutes. I urge my colleagues to support the year in a row at Mount Aloysius Col- Mr. COSTA. Mr. Speaker, I rise today Tom Flores resolution to honor the in- lege, and I was pleased to have several during Hispanic Heritage Month. We valuable contribution he has made to special guests join me, both in person know that millions and millions of His- his community, to our country, and to and virtually. panics for generations have made so America’s game. It is time. Participating in the summit to lend many contributions to our country in HONORING JUSTICE RUTH BADER GINSBURG their expertise were: USDA Under Sec- every way of life. Mr. COSTA. Mr. Speaker, I rise today retary Bill Northey; Pennsylvania Sec- Today, I want to recognize the distin- to honor the passing of Supreme Court retary of Agriculture Russell Redding; guished career of Coach Tom Flores, a Justice Ruth Bader Ginsburg, RBG. and Pennsylvania Farm Bureau Presi- trailblazer in the Latino community in For all Americans, I believe Friday dent, Rick Ebert. the sport of professional football. night was a sad evening as we learned Joining our discussion were nearly A son of immigrants from Mexico, a the news. Justice Ginsburg truly made 100 virtual attendees from across the native of my hometown, Fresno, Cali- a difference, both during her tenure on Commonwealth of Pennsylvania. fornia, Coach Flores was a gifted high the Court and through her long career. Our discussion centered around a school and collegiate athlete and later Justice Ginsburg inspired people. number of important policy issues im- made an indelible mark on professional Justice Ginsburg inspired women. Jus- pacting our Nation’s farmers, including football. tice Ginsburg inspired young women. a discussion on what they hope to see Playing for the Oakland Raiders’ sil- Justice Ginsburg broke the glass ceil- in the next round of coronavirus relief. ver and black, Flores became the first ing in so many different ways through

VerDate Sep 11 2014 06:01 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.006 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4723 her fierce advocacy for women’s rights On November 22, 1966, Carl lost both of Accordingly (at 9 o’clock and 41 min- and civil justice. his legs when an enemy mortar round utes a.m.), the House stood in recess. Justice Ginsburg’s keen ability to impacted less than 3 feet away from f build bridges between conservatives him as he was running toward his and liberal Justices garnered the re- unit’s command center. b 1100 On that battlefield, and over the next spect of all jurists, regardless of their AFTER RECESS political philosophy, something we 2 years at home, Carl would fight for should take note of here in the people’s his life not far from where we stand The recess having expired, the House House of Representatives, that we today, at Walter Reed National Mili- was called to order by the Speaker pro bridge the gap between our political tary Medical Center. Carl may have tempore (Mr. QUIGLEY) at 11 a.m. differences and remember that we are walked out of that hospital on two f Americans first. prosthetic legs, but his resolve was Ruth Bader Ginsburg always re- more steadfast than before he walked PRAYER minded us that we are Americans first in. The Chaplain, the Reverend Patrick and that equal justice under the law is Carl returned to his hometown, J. Conroy, offered the following prayer: always the credo of the American way. Youngstown, Ohio, enrolled in law Lord, merciful God, we give You Justice Ginsburg served in so many school at Case Western Reserve, and thanks for giving us another day. ways for so many examples on how to with graduation began yet another bat- The advance of coronavirus infec- balance the scales of justice. Our Na- tle: the fight for veterans and all tions continues to rise in a number of tion will mourn Justice Ginsburg’s loss Americans with disabilities. States around our Nation. Send Your and honor her legacy for generations to As an attorney utilizing a wheelchair spirit of healing and well-being among come, I truly believe, because she is a in the 1970s, most of the courthouses he those who suffer, and Your angels to role model for all. encountered lacked the accessibility protect the many healthcare workers that he and other Americans like him f who place their own well-being in dan- needed to be able to simply get his job ger every day. HONORING CARL NUNZIATO done. Comfort those today in the Supreme Carl saw the problem and seized the The SPEAKER pro tempore. The Court who begin the public mourning initiative, as he had always done with Chair recognizes the gentleman from for a beloved colleague, Ruth Bader obstacles he encountered in life. Carl Ohio (Mr. RYAN) for 5 minutes. Ginsburg. Console those many who created a committee to fight for vet- Mr. RYAN. Mr. Speaker, I rise today worked with and near her over so many erans with disabilities and became a to speak about H.R. 5023, which names years. relentless advocate on behalf of all of the Department of Veterans Affairs Bless the Members of the people’s community-based outpatient clinic in those with the same conditions. But Carl went even further. He estab- House who labor today to pass bills de- Youngstown, Ohio, as the Carl signed to advance the common weal of Nunziato VA Clinic. lished a task force to improve veterans services in Youngstown at a time when our Nation. This bill was recommended to my of- May all that is done this day be for fice and strongly supported by leaders the VA sent the city a single nurse once a week when the Mahoning Valley Your greater honor and glory. within my congressional district’s vet- Amen. erans community because they rightly had 40,000 veterans. Carl wanted a VA clinic. VA said no. wish to honor one of their own for his f Carl didn’t take no for an answer. exemplary service. I thank them and Carl’s efforts came to fruition in 1991 THE JOURNAL Chairman MARK TAKANO, Ranking when the VA finally established an The SPEAKER pro tempore. Pursu- Member Dr. PHIL ROE, and their respec- outpatient clinic in Youngstown. ant to section 4(a) of House Resolution tive staffs for helping our office bring Today, Carl continues to be a stellar 967, the Journal of the last day’s pro- this bill to the floor, as well as my own citizen, not just for Youngstown, not ceedings is approved. staff, Zach Prager and Ivan De La Cruz just for the people of Ohio, not just for Santiago. f vets, not just for people with disabil- Today is a red-letter day, Mr. Speak- ities, but for all Americans. PLEDGE OF ALLEGIANCE er, in my book because in the midst of Carl works tirelessly with the VA to all that is going on nationally, all the The SPEAKER pro tempore. Will the continue improving the care received gentleman from South Dakota (Mr. controversies, Congress can still put its by veterans. Carl relentlessly pursues differences aside to take time and rec- JOHNSON) come forward and lead the improving care and services for all House in the Pledge of Allegiance. ognize a true American hero: Carl Americans with disabilities. Nunziato. Mr. JOHNSON of South Dakota led The naming of this clinic, Mr. Speak- the Pledge of Allegiance as follows: Carl was born in Youngstown, Ohio, er, is a small measure in comparison to in 1938, graduating from Rayen High I pledge allegiance to the Flag of the what he has accomplished on behalf of United States of America, and to the Repub- School. After marrying his high school our country’s heroes and all of those sweetheart, Clara, he would go on to lic for which it stands, one nation under God, with disabilities. indivisible, with liberty and justice for all. attend college at Youngstown State Carl never quits—never has quit, University. never will quit. And I am humbled to f Through the university’s Reserve Of- have the privilege of representing an ANNOUNCEMENT BY THE SPEAKER ficer Training Corps program, Carl individual of this caliber in this Cham- PRO TEMPORE earned a commission as a second lieu- ber. The SPEAKER pro tempore. The tenant in the United States Army. It I will say, finally, when other vets Chair will entertain up to 15 requests was with his heart filled with love and and citizens from our community look for 1-minute speeches on each side of devotion to his family, his hometown, at Carl’s portrait hanging in this clinic the aisle. and his country that he set off for the and they see his name, they will know battlefields of Vietnam. that things can get better. With effort, f All those who served with Carl tes- with grit, you can make a difference as tify to his unmatched fighting spirit. If PROTECTING AMERICAN CITIZENS long as you never quit, as long as you WITH PRE-EXISTING CONDITIONS you ever found yourself in a foxhole never take no for an answer. with chaos all around you, Carl was the f (Mr. HIGGINS of New York asked and guy you wanted there with you because was given permission to address the no matter what happened, you could be RECESS House for 1 minute.) sure of one thing: Carl would never The SPEAKER pro tempore. Pursu- Mr. HIGGINS of New York. Mr. quit. Never. ant to clause 12(a) of rule I, the Chair Speaker, the Trump administration Life would test Carl in ways that declares the House in recess until 11 supports killing the only law that pro- most Americans can’t even imagine. a.m. today. tects Americans from pre-existing

VerDate Sep 11 2014 06:01 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.008 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4724 CONGRESSIONAL RECORD — HOUSE September 23, 2020 medical conditions. Fifty-four million years of age. Later, she completed a minute and to revise and extend her re- Americans could lose health insurance master’s of science in public policy and marks.) coverage without this important pa- management from Carnegie Mellon Ms. WILD. Mr. Speaker, today, tient protection, including nearly 7 University, one of our Nation’s most across the Philippines, Rodrigo million people stuck with COVID–19, prestigious programs. Duterte’s brutal regime is using the the newest pre-existing condition. Between her studies, she interned for pretext of a so-called anti-terrorism COVID–19 has killed 200,000 Ameri- Illinois Senator Roland Burris, sup- law to ramp up efforts targeting labor cans in less than 8 months, and 288,000 porting staff working on education and organizers, workers, and political oppo- new COVID–19 cases were diagnosed in judiciary policy. nents. This law allows suspects to be the last 7 days alone. The United Most recently, she was working as a detained by the police or military program analyst for the Office of the States has 5 percent of the world’s pop- without charges for as long as 24 days State Superintendent of Education in ulation and 25 percent of COVID–19 and placed under surveillance for up to Washington, D.C. In this role, she di- cases because the White House’s re- 90 days. rectly supported the educational suc- sponse to COVID–19 was slow, sloppy, In response to these abuses, I intro- and chaotic. Now that same White cess of District students by helping programs work better and be more ef- duced the Philippine Human Rights House wants to kill the only law that fective. Act, which would block U.S. funding protects Americans from COVID–19, She had recently been accepted in for police or military assistance to the the newest pre-existing condition. the District’s Certified Public Manager Philippines—outlining a series of basic We need a White House that protects Program Cohort at GW University. criteria which would have to be met in American families and sides with the Giana is survived by her fiance, par- order to resume such funding. American people, keeping them and ents, and sister. Giana will be greatly I am proud to stand alongside so their families healthy and safe. missed by all, especially the young many faith and civil society organiza- f people whose lives she positively im- tions in advocating for this legislation. RECOGNIZING THE RIVET pacted through her work. And I am especially proud to stand As we remember her life and legacy, with leaders of the U.S. labor move- (Mr. THOMPSON of Pennsylvania we must recommit to her passion: edu- ment: the AFL–CIO, the SEIU, the asked and was given permission to ad- cational equity and the opportunity for Teamsters, the Communication Work- dress the House for 1 minute and to re- every young American to receive a ers of America. They understand that vise and extend his remarks.) quality education. in fighting for their brothers and sis- Mr. THOMPSON of Pennsylvania. f ters in the labor movement abroad, Mr. Speaker, earlier this month, I had they are also helping safeguard their the pleasure of touring the newest RECOGNIZING THE 40TH own rights and dignity here at home. branch of the Centre County Discovery ANNIVERSARY OF THE CHRONICLE Space called The Rivet. (Ms. STEFANIK asked and was given Let us make clear that the United The Rivet is a 5,000-square-foot com- permission to address the House for 1 States will not participate in the re- munity workshop that aims to connect minute and to revise and extend her repression. Let us stand with the people people and ideas to create and inno- marks.) of the Philippines. vate. Members of the Centre County Ms. STEFANIK. Mr. Speaker, I rise community can take advantage of open today to honor the 40th anniversary of f shop hours and classes that teach tech- the founding of The Chronicle, a week- nical skills, critical thinking, and ly newspaper in my district. HISTORIC ABRAHAM ACCORDS interactive learning. The Chronicle was established by Mark Frost in 1980 in Glens Falls, New (Mr. WILSON of South Carolina At The Rivet, individuals can learn asked and was given permission to ad- how to use 3D printers, woodworking York. Through hard work and determination, Mark turned an initial in- dress the House for 1 minute and to re- machines, a pottery studio, CAD soft- vise and extend his remarks.) ware, and the list goes on. America vestment of $1,700 into a successful Mr. WILSON of South Carolina. Mr. needs a qualified and skilled workforce. newspaper and small business. He re- Speaker, the Post and Courier of In Pennsylvania jobs in the trades mains the publisher and editor today, Charleston on September 19 editorial- have been growing at roughly 3 percent alongside their team who have been ized ‘‘Good news at last from the Mid- each year, but job seekers with the with The Chronicle for decades. In that time, The Chronicle has es- dle East.’’ qualifications for these positions aren’t tablished a loyal base of readers and ‘‘A series of friendship treaties be- matching that growth. That is what we advertisers, becoming truly a corner- tween Bahrain and the United Arab call ‘‘the skills gap.’’ stone of the community. Emirates with Israel, midwifed by his I was encouraged by the work that The Chronicle has also hosted events The Rivet is doing by providing an out- (Trump’s) unorthodox Middle East dip- to provide a forum for discussion and lomatic team, provides constructive let for those who are seeking a career to bring Glens Falls residents together, powered by career and technical edu- news from a region that sorely needs especially through The Chronicle Book it.’’ cation. Fair. The fair is an opportunity to I want to thank Rivet manager ‘‘With strong support from his first highlight and connect local authors United Nations ambassador, Nikki Camille Sogin for her work to provide and publishers and discover books of CTE opportunities in Centre County. Haley, Mr. Trump rejected his prede- all genres. cessor’s ambiguous stance toward f Annual events like this are impor- Israel and strongly supported the Jew- REMEMBERING GIANA HUTTON tant to strengthen and grow the fabric ish nation. With worries increasing of our communities, and I know many about Iranian aggression and power, (Ms. KELLY of Illinois asked and was who are looking forward to safely re- given permission to address the House some Arab nations began looking at suming them as soon as possible. Israel as a potential ally rather than for 1 minute.) On behalf of New York’s 21st District an enemy.’’ Ms. KELLY of Illinois. Mr. Speaker, I and the United States Congress, I rise today to remember Giana Hutton, would like to thank Mark Frost, his ‘‘But Mr. Trump has been construc- one of my constituents and a pas- family, and the entire Chronicle team tive in limiting Iranian interference in sionate advocate for education and eq- for their contributions to the commu- Iraq and promoting friendship between uity. She was a member of Alpha nity and congratulate them on reach- Israel and major Sunni Arab nations Kappa Alpha Sorority, Incorporated. ing this important 40-year milestone. . . . he deserves credit for seizing the moment to take an important step to- Giana grew up in Flossmoor, Illinois, f and attended Parker Junior High ward creating a more peaceful region.’’ School and Homewood-Flossmoor High PHILIPPINE HUMAN RIGHTS ACT In conclusion, God bless our troops, School. She obtained her BA in history (Ms. WILD asked and was given per- and we will never forget September the from Williams College in 2010 at just 18 mission to address the House for 1 11th in the global war on terrorism.

VerDate Sep 11 2014 06:01 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.011 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4725 CONGRATULATIONS TO MIKE the climate is changing, what are we to section 3 of this resolution shall be con- TOBIN doing about it? sidered only in the order printed in the re- We can argue over whether it is man- port, may be offered only by a Member des- (Mr. JOHNSON of South Dakota ignated in the report, shall be considered as asked and was given permission to ad- made climate change or nature caused, read, shall be debatable for the time speci- dress the House for 1 minute and to re- we are still allowing our forests, our fied in the report equally divided and con- vise and extend his remarks.) grasslands, our wildlands to be over- trolled by the proponent and an opponent, Mr. JOHNSON of South Dakota. Mr. loaded with fuel, and that puts our may be withdrawn by the proponent at any Speaker, my friend, Mike Tobin, is re- towns, people’s livelihoods in great time before the question is put thereon, shall danger and great peril. not be subject to amendment, and shall not tiring. Mike and I met through be subject to a demand for division of the LifeQuest, which serves people with de- I could list time after time the tragedies that we have seen in northern question. velopmental disabilities. Mike has been SEC. 3. It shall be in order at any time on the board and he receives support California with people losing their after debate pursuant to the first section of from LifeQuest. homes, portions of small towns, their this resolution for the chair of the Com- Now, he is a Minnesota Twins and a livelihoods because we are not doing mittee on Energy and Commerce or his des- the job on our Federal lands, and we ignee to offer amendments en bloc consisting Kansas Jayhawks fan, just like I am, of further amendments printed in part B of but he serves as a role model to me. are not telling the environment groups to back off with their lawsuits that the report of the Committee on Rules accom- Mike has always been a hard worker, panying this resolution not earlier disposed whether at Pizza Ranch or Elixir or prevent the work from being done that of. Amendments en bloc offered pursuant to anywhere else. He is a good person, also desperately needs to be done. this section shall be considered as read, shall ways with a smile on his face, treating We have to get cracking on this and be debatable for 20 minutes equally divided people warmly and with respect. get our job done here as Federal rep- and controlled by the chair and ranking mi- He is honest. A few years ago, Mike resentatives to help save our rural nority member of the Committee on Energy areas. and Commerce or their respective designees, found $300 in cash in an envelope on the shall not be subject to amendment, and shall street, and of course, he would turn it f not be subject to a demand for division of the over to the police. b 1115 question. So congratulations, Mike, on your SEC. 4. All points of order against the fur- 65th birthday and on your retirement. PROVIDING FOR CONSIDERATION ther amendments printed in part B of the re- Thank you for showing me and every- OF H.R. 4447, EXPANDING ACCESS port of the Committee on Rules or amendments en bloc described in section 3 of this one else how to properly live life. TO SUSTAINABLE ENERGY ACT OF 2019; PROVIDING FOR CONSID- resolution are waived. f SEC. 5. Upon adoption of this resolution it ERATION OF H.R. 6270, UYGHUR shall be in order to consider in the House the RECOGNIZING CLEAN ENERGY FORCED LABOR DISCLOSURE bill (H.R. 6270) to amend the Securities Ex- WEEK ACT OF 2020; AND PROVIDING change Act of 1934 to require issuers to make FOR CONSIDERATION OF H.R. certain disclosures relating to the Xinjiang (Mr. CURTIS asked and was given 8319, CONTINUING APPROPRIA- Uyghur Autonomous Region, and for other permission to address the House for 1 TIONS ACT, 2021 AND OTHER EX- purposes. All points of order against consid- minute.) TENSIONS ACT eration of the bill are waived. An amend- Mr. CURTIS. Mr. Speaker, I rise ment in the nature of a substitute consisting today in support of Clean Energy Mr. MCGOVERN. Mr. Speaker, by di- of the text of Rules Committee Print 116-64 Week, an opportunity to celebrate bi- rection of the Committee on Rules, I shall be considered as adopted. The bill, as partisan support for the wide variety of call up House Resolution 1129 and ask amended, shall be considered as read. All clean energy sources strengthening for its immediate consideration. points of order against provisions in the bill, The Clerk read the resolution, as fol- as amended, are waived. The previous ques- America’s national security while also tion shall be considered as ordered on the preserving our environment for future lows: bill, as amended, and on any further amend- generations. H. RES. 1129 ment thereto, to final passage without inter- The environment is, and should be, a Resolved, That upon adoption of this reso- vening motion except: (1) one hour of debate bipartisan issue. That is why I am lution it shall be in order to consider in the equally divided and controlled by the chair proud to lead, with my friend Congress- House the bill (H.R. 4447) to establish an en- and ranking minority member of the Com- mittee on Financial Services; and (2) one man LOWENTHAL of California, a bipar- ergy storage and microgrid grant and technical assistance program. All points of order motion to recommit with or without instruc- tisan resolution in support of Clean En- tions. ergy Week. against consideration of the bill are waived. In lieu of the amendment in the nature of a SEC. 6. Upon adoption of this resolution it In fact, my legislation was intro- substitute recommended by the Committee shall be in order to consider in the House duced by 71 original cosponsors, divided on Energy and Commerce now printed in the without intervention of any question of con- almost evenly between Republicans bill, an amendment in the nature of a sub- sideration the bill (H.R. 8319) making con- and Democrats. This goes to show that stitute consisting of the text of Rules Com- tinuing appropriations for fiscal year 2021, we can and must work across the aisle mittee Print 116–63, modified by the amend- and for other purposes. All points of order against consideration of the bill are waived. to be better caretakers of our planet, ment printed in part A of the report of the Committee on Rules accompanying this res- The bill shall be considered as read. All and I plan to continue the pursuit of points of order against provisions in the bill these positive bipartisan policies while olution, shall be considered as adopted. The bill, as amended, shall be considered as read. are waived. Clause 2(e) of rule XXI shall not in Congress. All points of order against provisions in the apply during consideration of the bill. The previous question shall be considered as or- f bill, as amended, are waived. The previous question shall be considered as ordered on dered on the bill and on any amendment WILDFIRES BURNING IN the bill, as amended, and on any further thereto to final passage without intervening CALIFORNIA amendment thereto, to final passage without motion except: (1) one hour of debate equally intervening motion except: (1) 90 minutes of divided and controlled by the chair and rank- (Mr. LAMALFA asked and was given ing minority member of the Committee on permission to address the House for 1 debate equally divided among and controlled by the chair and ranking minority member Appropriations; and (2) one motion to recom- minute and to revise and extend his re- of the Committee on Energy and Commerce mit. marks.) and the chair and ranking minority member The SPEAKER pro tempore. The gen- Mr. LAMALFA. Mr. Speaker, fire sea- of the Committee on Science, Space, and tleman from Massachusetts is recog- son continues to rage on in California Technology; (2) the further amendments de- nized for 1 hour. and in the West, and it continues to scribed in section 2 of this resolution; (3) the Mr. MCGOVERN. Mr. Speaker, for underline the need for us to have active amendments en bloc described in section 3 of the purpose of debate only, I yield the management of our forests, our this resolution; and (4) one motion to recom- customary 30 minutes to the gentle- mit with or without instructions. wildlands, our grasslands, everything woman from Arizona (Mrs. LESKO), SEC. 2. After debate pursuant to the first to do with fire season and the increased section of this resolution, each further pending which I yield myself such time fuel loads that we are seeing. amendment printed in part B of the report of as I may consume. During consider- We hear a lot of talk about climate the Committee on Rules not earlier consid- ation of this resolution, all time yield- change. Well, I keep coming back to, If ered as part of amendments en bloc pursuant ed is for the purpose of debate only.

VerDate Sep 11 2014 06:01 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.013 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4726 CONGRESSIONAL RECORD — HOUSE September 23, 2020 GENERAL LEAVE now. This is not some long-off threat ago, but the comparison simply just Mr. MCGOVERN. Mr. Speaker, I ask that we can leave for our kids or doesn’t hold water. unanimous consent that all Members grandkids. This is happening today. Free enterprise, as we know it, be given 5 legislative days to revise and By addressing it, we won’t just pro- doesn’t exist in the Xinjiang Uyghur extend their remarks. tect our environment. We will create Autonomous Region. It should not be The SPEAKER pro tempore. Is there jobs at a time when our country badly compared to Africa in terms of the objection to the request of the gen- needs them. Because of the business climate or access. tleman from Massachusetts? coronavirus, our country is facing the The Xinjiang economy is tightly con- There was no objection. worst economy since the Great Depres- trolled and directed by the Chinese Mr. MCGOVERN. Mr. Speaker, on sion. The Labor Department said last Government and Communist Party. It Monday, the Rules Committee met and week that 12.6 million Americans are is built on a foundation of forced labor reported a rule, House Resolution 1129, collecting unemployment benefits. One and repression. International observ- providing for consideration of three year ago, that number stood at just 1.7 ers, the press, and government officials measures. million. are restricted from even traveling First, the rule provides for consider- Renewable energy can and should be there. ation of H.R. 4447, the Clean Economy part of the equation in rebuilding this Just this week, a number of re- Jobs and Innovation Act, under a economy because, make no mistake, spected supply chain auditing firms say structured rule. The rule provides 90 Mr. Speaker, jobs in things like solar they will no longer conduct inspections minutes of debate equally divided energy will be created. The only ques- in Xinjiang because of the hostile envi- among and controlled by the chairs and tion is whether they are created here ronment ruled by fear. The argument against this legisla- ranking minority members of the Com- or in other countries like China. I want tion is that the DRC conflict minerals mittee on Energy and Commerce and them made in America. the Committee on Science, Space, and Lastly, the Rules Committee consid- provision was bad because businesses Technology. The rule self-executes a ered two bills on Monday to help de- left that region because they didn’t want to or could not disclose their sup- manager’s amendment, makes in order fend the human rights of Uyghurs and ply chains. Well, it is long past time 98 amendments, and provides en bloc other ethnic minorities who have suf- for U.S. and international companies authority and one motion to recommit. fered horrific human rights abuses at to reassess their supply chains and find The rule also provides for consider- the hands of the Chinese Government: alternatives to production in Xinjiang ation of H.R. 6270, the Uyghur Forced H.R. 6210, the Uyghur Forced Labor where forced labor is widespread and Labor Disclosure Act of 2020, under a Prevention Act, and H.R. 6270, the closed rule. The rule provides 1 hour of embedded in the regional economy. Uyghur Forced Labor Disclosure Act. We don’t think Chinese, U.S., and debate equally divided and controlled I am proud to have authored H.R. international companies should be ex- by the chair and ranking minority 6210, which passed the House with an ploiting the Uyghur and other Muslim member of the Committee on Financial overwhelming 406–3 vote yesterday. I people in allowing global supply chains Services, and it provides one motion to also strongly support H.R. 6270, the to be contaminated with forced labor. recommit. Uyghur Forced Labor Disclosure Act, So I hope on both sides of the aisle, Finally, the rule provides for the con- authored by my colleague, Representa- but I say this to my Republican col- sideration of H.R. 8319, the Continuing tive JENNIFER WEXTON. leagues, to those who might be consid- Appropriations Act, 2021 and Other Ex- It is disappointing that some Repub- ering a ‘‘no’’ vote, think long and hard tensions Act, under a closed rule. The lican Members may oppose the Uyghur before voting against the bill that rule provides for 1 hour of debate Forced Labor Disclosure Act that re- would help reveal the extent of how the equally divided and controlled by the quires disclosures about products made Chinese Government’s system of forced chair and ranking minority member of with forced labor from a region where labor has contaminated global supply the Committee on Appropriations and crimes against humanity and perhaps chains. provides one motion to recommit. genocide are being committed by the I am proud to stand in solidarity Mr. Speaker, the bills contained in Chinese Government. with the Uyghur people and, indeed, all this rule are about meeting our respon- As many as 1.8 million Uyghurs and the people living under the rule of the sibility here at home and living up to other predominantly Muslim minori- Chinese Government in their struggle our values abroad. ties have been arbitrarily detained in to live freely, practice their religious First is H.R. 8319, a continuing reso- mass internment camps and subjected beliefs freely, and speak their own lan- lution to keep our government funded to forced labor, torture, political in- guage freely. through December 11. Fortunately, we doctrination, and other severe human I urge all of my colleagues to join won’t need to call this bill up because rights abuses. with us and give this rule and under- a compromise passed this House last We know forced labor is widespread lying bills a broad bipartisan vote so night by a vote of 359–57. That is quite and systematic, and audits are simply we can fulfill our obligations here at an accomplishment because sometimes not possible because workers cannot home and around the world. we can’t even agree on what to have for speak freely and honestly about work- Mr. Speaker, I reserve the balance of lunch here, yet we were able to come ing conditions given the heavy surveil- my time. together to keep this government open. lance and intimidation by the Chinese Mrs. LESKO. Mr. Speaker, I thank That is good news for the American Government. Chairman MCGOVERN for yielding me people. This legislation is essential to pro- the customary 30 minutes, and I yield Second is H.R. 4447, a sweeping en- tect American investors and consumers myself such time as I may consume. ergy package that will help our Nation through stronger disclosure require- Mr. Speaker, this rule consists of two lead the world once more in clean en- ments alerting them to the presence of bills, including H.R. 4447, the Demo- ergy. Investing in renewable energy Chinese and international companies crat’s energy package. It consists of 38 like wind and solar won’t just help us whose operations enable the mass in- bills with a total cost of $135 billion. combat the threat of climate change; ternment and population surveillance The bill includes burdensome mandates they will help us create jobs here at of Uyghurs and other Muslim minori- and an incredibly high price tag. home that can never be outsourced. ties. Mr. Speaker, let’s be clear, Repub- It is especially important that we are Such involvements represent clear licans support reducing carbon dioxide considering this package right now. and material risks to shared values and emissions in the United States by scal- There are wildfires raging in places the corporate reputations of these coming up clean energy innovation with like California, Oregon, and Wash- panies and U.S. investors and con- less regulation. Unfortunately, this bill ington that are leaving a heart- sumers. adds new regulatory hurdles that make breaking path of destruction. Sci- It seems the only argument against the clean energy technology deploy- entists are unequivocal: These fires are this bill is that it is similar to the ment much more difficult to build. just the latest indication that climate Democratic Republic of the Congo con- Regulations hurt innovations, espe- change is real and is happening right flict minerals provision from years cially at such a high price tag.

VerDate Sep 11 2014 06:01 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.015 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4727 The bill fails to put forward policies Mr. Speaker, this rule also contains pressive when someone can make ger- that will reform the permitting and li- H.R. 6270, the Uyghur Forced Labor maneness, promptly motions, and censing process required to finance, Disclosure Act. Deschler’s Precedents funny. build, expand, and modernize energy The United States is an honorable Tom is always willing to listen to ar- infrastructure. Instead, the bill spends and noble country that must not tol- gument and never too proud to change billions of dollars on unfocused re- erate the gross human rights abuses his mind or say he was wrong about search without spending money on in- perpetrated by Chinese leaders. While something in the face of new informa- vestments and infrastructure. the bill takes strong action to ensure tion. Republicans have introduced numer- American businesses are not complicit To me and my staff, Tom Wickham ous bills this Congress that will build, in China’s forced labor programs, there appears to know everything about the expand, and modernize our energy in- are outstanding concerns in the bill rules and history of this House. But he frastructure. that may harm U.S. businesses. is quick to say that he knows nothing For instance, the bill requires public about the Senate whenever we ask a b 1130 companies to file disclosures with the Senate question; although, we suspect They remove regulatory barriers to SEC if they imported manufactured he knows everything about the Senate building nuclear, natural gas, and hy- goods or other materials that origi- as well and just doesn’t want to offend dropower infrastructure. These are all nated in or are sourced in the Xinjiang his friend, Elizabeth, the Senate Par- clean and reliable sources of genera- Uyghur Autonomous Region and dis- liamentarian. tion that will power America, protect close whether those goods originated in Tom has guided us through some tur- the environment, and keep our country forced labor camps. These entities bulent times. He has advised the pre- secure. would also have to disclose the nature siding officer during times of heated The mandates contained in the bill and extent of the commercial activity debate, even yelling at times. He has will drive up energy and transportation related to each good or material, the been on that rostrum through impeach- costs for American consumers. For ex- gross revenue and net profits attrib- ment proceedings and opening day ses- ample, one of the mandates in the bill utable, and whether they intend to sions, during late nights often followed will mandate energy efficiency build- continue importing the good. by all-too-early mornings. ing codes, which the home building in- China’s atrocities against Uyghurs He has seen it all, and we are lucky dustry says will drive up the cost of and other Muslim minority groups to have had him at our side through it housing to consumers without propor- must come to an end, and we voted on all. He will be missed, but we congratu- tional savings in energy costs. that bill yesterday in a bipartisan fash- late him on a well-deserved retirement. H.R. 4447 will lead our country down ion. We must ensure that items made Mr. Speaker, I also want to congratu- the wrong path. We don’t want to Cali- with forced labor are not allowed to late Jason Smith for being named the fornia the Nation with blackouts and enter our markets. new House Parliamentarian. Many of To do our jobs properly in Congress, high utility costs. Even minority us already know Jason pretty well, we must allow bills to run their course groups are suing California utilities having worked with him in his prior through committees for proper debate, over their high energy costs. And be- role as Deputy Parliamentarian. His lieve it or not, California utilities ac- discovery, and amending. Mr. Speaker, I urge opposition to the know-how made an impression, since tually pay Arizona for their renewable he was named to this new role after a energy to take it off of their hands dur- rule, and I reserve the balance of my time. bipartisan recommendation, and I ing certain times of the year. That is Mr. MCGOVERN. Mr. Speaker, I yield think that also is a tribute to his totally insane. myself such time as I may consume. skills. I regularly meet with constituents Mr. Speaker, I want to diverge from Mr. Speaker, I want to thank Rank- and companies in Arizona who say they what we are considering today and rec- ing Member COLE for working with me moved from California to Arizona be- ognize some of the people here who on this. I valued his advice and coun- cause California’s incredibly burden- help us all navigate how legislation is sel, as I do so often as we serve to- some regulations stifle growth. Califor- considered. gether on the Rules Committee. His nia’s current energy crisis was predict- There are staff here that work day in wisdom made this process largely an able and avoidable, but they ignored and day out to make this Chamber apolitical one. the scientists and engineers who main- function smoothly so that we can get I could not ask for a better partner tain the electric grid and, instead, things done on behalf of the American at the Rules Committee than the gen- mandated their own version of the people. They aren’t Democratic or Re- tleman from Oklahoma, TOM COLE. He Green New Deal. In doing so, California publican staff. They serve both sides and I try to put this institution first, forced the retirement of stable base- without fear or favor. That team in- and I know that Jason will, too. load power generation without a reli- cludes the staff in the Office of the Par- It is clear Jason has the confidence of able option in place. liamentarian. both sides of the aisle, and that is no The Democrats may claim that H.R. Tom Wickham has served in that of- small thing. I look forward to working 4447 is a bipartisan bill. While it in- fice for the last 25 years. As House Par- with him in his new role. cludes some bipartisan provisions, it is liamentarian, he became a master of The truth is we are lucky to have not a bipartisan bill. It was crafted House procedure. And make no mis- such dedicated staff in the Parliamen- solely by Democrats with no input take, having an encyclopedic knowl- tarian’s Office, and that includes Anne from Republicans. Many of the provi- edge of how this place operates is no Gooch, who works with us day in and sions amount to billions of dollars of small thing, Mr. Speaker. day out, whether it is at 7 a.m. or 11 new and overlapping programs that had Tom is now retiring after serving p.m. My staff and I have her on speed little to no process or regular order. with distinction for many years. I want dial. Her work also makes our work I sit on the Rules Committee, where to recognize him, and I want to thank possible, and we are grateful. my colleagues reminisce regularly him for that service here today. So we have a lot of debates on this about how we used to operate through Now, I could say a lot about Tom. On floor, Mr. Speaker, all to make a committee system with regular a physical level, Tom is usually the progress on behalf of the American peo- order: a legislative hearing, a sub- tallest person in the room, and a lot of ple, but it is important during mo- committee markup, a full complete people fit in this room. On a human ments like this that we also recognize markup. Apparently, those days are level, Tom always makes time for ev- people whose work behind the scenes gone. Now the Democrats legislate by eryone, from the most senior Members makes this progress possible. posting a one-sided bill one week and to the most junior staff. Unless he is in So, Mr. Speaker, I just want to pay putting it on the floor the following a meeting, the door to his office right this tribute to these incredible people, week. across the hall is literally left open all and I want to say thank you, thank Public laws do not come out of this the time. you, thank you. process well, only partisan politics and He has perfected the art of dry par- Mr. Speaker, I reserve the balance of messaging bills. We all know that. liamentary humor. It is incredibly im- my time.

VerDate Sep 11 2014 09:05 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.016 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4728 CONGRESSIONAL RECORD — HOUSE September 23, 2020 Mrs. LESKO. Mr. Speaker, I yield 2 your colleagues in the Parliamentar- businesses with 10 or fewer employees, minutes to the gentleman from Okla- ian’s Office have done for each and expand the list of eligible covered ex- homa (Mr. COLE), my good friend, the every Member of this institution. Even penses, simplify the loan forgiveness ranking member of the Rules Com- our own Members quite often don’t un- process, and extend PPP through the mittee. derstand how indispensable your deci- end of 2020. Mr. COLE. Mr. Speaker, I thank the sions and recommendations are to each I think all of us can agree that this is gentlewoman, my good friend, for side, to facilitate a full and open de- very vital for our small businesses and yielding. bate, to make sure that every person their workers in America. I want to begin by responding to has an opportunity to express their Mr. Speaker, I reserve the balance of some of my friend’s kind remarks, the opinion in the appropriate way under my time. chairman. the procedures and rules of the House. Mr. MCGOVERN. Mr. Speaker, I re- We belong to different parties. We So I just want to personally thank serve the balance of my time. sometimes have our different points of you for the extraordinary job you have Mrs. LESKO. Mr. Speaker, I yield 2 view in the committee itself, which done for all of those who have the minutes to the gentleman from New means on occasion we are going to be privilege of being Members and, frank- York (Mr. KATKO), my good friend. taking contrasting positions with one ly, for our staffs as well, who work so Mr. KATKO. Mr. Speaker, I thank another, but I think one of the com- closely with you and whom you advise the gentlewoman for yielding. mon traits that we have is that we so frequently and so professionally. We Mr. Speaker, there are seven legisla- both revere the institution of the will really, really, really miss you, but tive days remaining on the House cal- House of Representatives and all of its we thank you for making sure that we endar before this Chamber is scheduled procedures. had an adequate successor in place in to recess for more than a month. As I think we also really respect the Mr. Smith and a superb supporting every Member of this body knows, staff, the personal staff, the committee staff that reflects your leadership. Americans are counting on us to use staff, and, most especially, the profes- So we thank you for your hard work this time to respond to the sustained sional staff of the House itself. What an in a very bipartisan way, your profes- impact of the pandemic on our commu- extraordinary role they play in allow- sionalism, your decency, and, frankly, nities. ing us to do our job. the honorable way in which you have Unfortunately, our constituents are Mr. Speaker, I rise to join Chairman discharged your duties for 25 years. left waiting as partisanship continues MCGOVERN in paying tribute to a dedi- Mr. MCGOVERN. Mr. Speaker, I to block compromise and political in- cated public servant. think the gentleman from Oklahoma terests continue to stand in the way of Tom Wickham, the House Parliamen- (Mr. COLE) would agree with me that efforts to deliver relief to our constitu- tarian, has served this House with we both learned more from the Parlia- ents. honor and distinction for the past 25 mentarian’s Office than we ever knew For this reason, I support efforts to years and will be taking a well-de- was possible as we engaged in trying to defeat the previous question and bring served retirement at the end of this get a replacement for Mr. Wickham. up commonsense legislation to support month. Our admiration for the staff there has America’s small businesses during this Tom has expertly advised five Speak- only increased. unprecedented crisis. ers and countless Members and staff I just want to say one final thing The Paycheck Protection Program throughout his distinguished tenure. here. has been a critical, bipartisan success His exceptional knowledge and under- Normally, under normal cir- and an important example of what we standing of the rules, procedures, and cumstances, this Chamber would be can achieve when we work together for parliamentary precedent has been in- filled with Members, which I think we the good of the American people. In my valuable to this institution, and he will would all have preferred in order to district alone, PPP loans have deliv- be sorely missed. give you a proper sendoff. Obviously, ered critical assistance to thousands of Mr. Speaker, I am also proud to con- outside events have made that impos- local businesses and helped save nearly gratulate Jason Smith, the current sible, but we want you to know that ev- 200,000 jobs. Deputy Parliamentarian, on his ap- erybody in this Chamber appreciates Although these loans played a piv- pointment as the sixth Parliamen- your incredible work. So I ask every- otal role in helping small businesses tarian of the House. body who is here to give you a round of navigate the immediate impact of the The Rules Committee has the benefit applause and say thank you. pandemic, many still face a dire eco- of working with the Parliamentarian’s Mr. Speaker, I reserve the balance of nomic outlook and uncertain road to Office, frankly, more than any other my time. recovery. committee, and I have every con- Absent congressional action, entre- fidence that Jason will lead the office b 1145 preneurs and business owners across with the same standard of excellence Mrs. LESKO. Mr. Speaker, I yield this great country will have no choice his predecessors, particularly Mr. myself such time as I may consume. but to close their doors. Wickham, have set. If we defeat the previous question, I If the previous question is defeated, Finally, Mr. Speaker, I just want to will offer an amendment to the rule to my colleagues will bring up legislation take a moment to thank Chairman immediately consider Small Business to authorize a second round of PPP MCGOVERN for seeking my opinion dur- Committee Ranking Member STEVE loans for America’s most vulnerable ing the process to select our next Par- CHABOT’s H.R. 8265 to reopen the Pay- businesses and extend the program liamentarian. That is not something he check Protection Program to Amer- through the end of 2020. was required to do, but it speaks vol- ica’s 30 million small businesses. Critically, this bill will also set aside umes about his respect for this institu- Mr. Speaker, I ask unanimous con- funds for our smallest businesses and tion and the role that the Parliamen- sent to insert the text of my amend- make necessary simplifications to the tarian plays for the minority, particu- ment in the RECORD, along with extra- loan forgiveness process. These provi- larly on the Rules Committee, that he neous material, immediately prior to sions are not only critical to pro- was interested in our perspective on the vote on the previous question. tecting our country’s 30 million small this important decision. The SPEAKER pro tempore. Is there businesses and the jobs they create; Let me close with this. My friend, objection to the request of the gentle- they represent a commitment to relief the chairman, said that Mr. Wickham woman from Arizona? measures both parties can agree on. had seen everything. There was no objection. Considering these changes would rep- Well, we are hopeful that you don’t Mrs. LESKO. Mr. Speaker, this resent a critical first step in bringing write about everything that you have amendment would ensure our Nation’s bipartisan relief measures to the floor seen, and that you remember us as smallest and most vulnerable firms get and delivering comprehensive relief for fondly as we remember you. But the the support they need by allowing an every American. sad thing is not very many people get opportunity for a second PPP loan Mr. Speaker, I urge my colleagues to to see your work and what you and with specific funds set aside for small vote to defeat the previous question.

VerDate Sep 11 2014 08:49 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.018 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4729 Mr. MCGOVERN. Mr. Speaker, I yield lief payments to illegal immigrants actually lowered the request in the myself such time as I may consume. using taxpayer dollars. original HEROES Act—which I person- I just want to say for the record that So maybe if Speaker PELOSI and the ally think is not the right thing to do, if my Republican friends want to know Democrats would have actually talked but I get it—to get something done. why there is no agreement on another to Republicans before they pushed There is nothing in here that helps coronavirus relief package including through a bill, there would have been communities who are trying to deal PPP, they should call their friend more bipartisan support to help small with the school situation. In some MITCH MCCONNELL because this House businesses and the American people. places schools are opening, in some did its job. With this previous question and the places they are not but there are all of We passed the HEROES Act more amendment, we are trying to do just these new expenses on how to make the than 125 days ago to help cash-strapped that. classroom safer. State and local governments, to help Mr. Speaker, I yield 2 minutes to the When my friends say, Oh, we don’t businesses on the brink, and to help gentleman from Nebraska (Mr. BACON), want to give any more money to cities Americans struggling in the middle of my friend. and towns to deal with that, I don’t this pandemic. Mr. BACON. Mr. Speaker, I rise know whether you talk to your super- A lot of people are suffering. Hunger today and ask that we defeat the pre- intendents, or your teachers, or your has increased in this country. Senate vious question and move to pass Con- principals, or parents, but this is real Republicans can’t even come to an gressman CHABOT’s bill. and they are looking for some help. agreement amongst themselves. They We are now in our sixth month of I mean, we are in the middle of a pan- couldn’t even get their entire caucus this pandemic. In our efforts to combat demic. We haven’t seen anything like on board, let alone Democrats. this virus, the backbone of our econ- this since 1918. It has impacted our en- The HEROES Act is bipartisan, but omy, our small businesses, have suf- tire economy and you would never even that hasn’t been enough to get fered greatly. Only now, after months know it. You would never know it MITCH MCCONNELL to take it up. Appar- of government-imposed restrictions, is based on the inaction and the indiffer- ently, he couldn’t find the time, Mr. our economy starting to reopen and we ence over in the Senate. Speaker, but he is moving with light- are seeing the unemployment drop, in I mean, it just takes my breath away ning speed to confirm a new Supreme part, but not throughout our economy. when we have leaders there, Repub- Court Justice. Even in my home State of Nebraska, lican leaders, who won’t even come to Are you kidding me? In the middle of with the lowest unemployment rate in the negotiating table. And I just find a pandemic he can’t find the time to the Nation, some of our small busi- that appalling. provide a vote on a package to help the nesses are still struggling. While res- I will just say one other thing. I urge American people and small businesses? taurants and bars are getting back to everybody to vote for the previous Our restaurants are in deep trouble. work, others are still shut down. Our question because let me just tell you Those of us who come from States— live music venues, our playhouses, our something that some people don’t ap- like I do in Massachusetts—outdoor travel and tour companies are still fac- preciate; if you defeat the previous dining is going to cease pretty soon being some very dark times and may not question, they get to bring up whatever cause it is getting cold, and they don’t open for 3 months. Some may never re- they want to bring up. know how they are going to get open without Congressman CHABOT’s They can bring up this, they can through the winter. And we can’t even bill. bring up whatever. They basically take get the Senate to debate this stuff? Congress needs to put our partisan control of the House. And they may say More than 200,000 Americans are differences aside. Stop playing elec- they are going to bring up this, but dead. The President says, Oh, every- tion-year political games and come to- who knows what they will bring up. thing is going great. 200,000 people are gether to help the American people. And so this is a bad procedural maneu- dead. Compare that to Canada or other While we may be divided on if we ver, but it is designed to give them countries that actually had a plan to should bail out cities that were strug- power. manage this pandemic. Countless mil- gling financially prior to COVID, we And, again, what I am learning here lions have been infected. can all agree that certain segments of is that we don’t share the same values The Senate needs to act. And shame our economy are struggling in every on a lot of these things. I find that par- on them for not acting. city. ticularly disconcerting during a pan- It should be more than just an assem- This bill will help our Nation’s small- demic. bly line that rubber-stamps conserv- est, most vulnerable businesses in In the past, after 9/11, I was here. ative judges. There is legislating to do, every city. It will expand eligibility George W. Bush was President. I didn’t and none more important than dealing and expand the PPP throughout the agree with him on a lot of stuff, but he with the impacts of this pandemic. end of the calendar year to help these helped bring this country together and I don’t know whether the Senate ma- businesses in every city. get us all reading off the same sheet of jority leader has a heart of stone or We can agree that this is needed from music in terms of our response. It is what, but it is inexcusable. It is uncon- the East Coast to the West Coast and very different now. scionable. It is unbelievable that he everywhere in-between. Congress So I would urge my colleagues again hasn’t acted, and so I urge my Repub- should act now. to vote ‘‘yes’’ on the previous question, lican colleagues to pick up the phone I urge my colleagues to defeat the and I reserve the balance of my time. and call him and tell him to do some- previous question and move to pass the Mrs. LESKO. Mr. Speaker, I can thing. low-hanging fruit of the Chabot bill. guarantee Chairman MCGOVERN, if we I reserve the balance of my time. Mr. MCGOVERN. Mr. Speaker, I yield defeat the previous question, my The SPEAKER pro tempore. Mem- myself such time as I may consume. amendment is what will be brought up bers are reminded not to engage in per- Mr. Speaker, the good news and what to help small businesses and their sonalities toward the Senate or its is comforting to me is that the Amer- workers. Members. ican people get this. They understand Mr. Speaker, I yield 2 minutes to the Mrs. LESKO. Mr. Speaker, I yield where the problem is. gentleman from New York (Mr. REED). myself such time as I may consume. And I would just say to my friends Mr. REED. Mr. Speaker, I thank my Mr. Speaker, wow, that was an im- who don’t like everything in the HE- friend for yielding me the time. passioned speech by the chairman, but ROES Act, the way this process is sup- Mr. Speaker, I had a speech prepared I have to remind the chairman that posed to work is we pass a bill in the to give, but I am not going to read that there were a lot of Democrat liberal House, the Senate passes a bill, and speech because I think the chairman wish lists in the relief package that then we have a conference committee from Massachusetts highlighted the were passed, including releasing pris- and we work out the details. crux of the problem we face in this oners that were 50 years old and older— Well, the only negotiating that has Chamber today. didn’t matter what they were charged been going on is Democrats have been We don’t trust each other any longer with—from prison and giving $1,200 re- negotiating with themselves. We have in this institution. As he just alluded

VerDate Sep 11 2014 06:01 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4730 CONGRESSIONAL RECORD — HOUSE September 23, 2020 to, don’t give over the floor, don’t give months ago, and there has been no ac- State of Ohio, as they are in Florida, in over control of this body to the other tion. We all know that we weren’t Texas, in California, and all across this side because we don’t know what the going to get everything. The Speaker country. Their workers clock in early Republicans will bring up. brought it down by $1 trillion, hoping and often retire after the sun sets. I give my word that what we would that that would spur a negotiation, and Simply put, they are America’s busi- bring up is a bill that will provide im- there is nothing yet. By the way, the nesses. mediate relief under the Paycheck Pro- Senate can’t even get its act together Unfortunately, COVID–19 continues tection Program of $138 billion to our amongst its own Republicans, never to challenge their very existence. Now small businesses, our families, and in- mind with Democrats. is the time to act. We really should dividuals who are suffering in America So we need to do something. Hope- have acted 46 days ago. We have an op- today. fully, before we leave here, the Senate tion before us today, this very day. If We need to start trusting each other majority leader will pick up the phone we defeat today’s previous question, again. We don’t trust each other in this and work with the Speaker and with then we can move directly to my legis- institution and that is what is causing the White House, and we can get some- lation to reopen the Paycheck Protec- the American people to suffer. thing here. tion Program to all those small busi- I ask my colleagues: When you vote Quite frankly, all of us, if it is not nesses all over the country that are ‘‘yes’’ on this previous question, be on done, are willing to come back here on clamoring to get them and that really notice. You are turning your back on a moment’s notice. We have all been need them. the American people that need the told by our majority leader to be pre- H.R. 8265 would provide targeted as- Paycheck Protection Program assist- pared to come back here in a nano- sistance to small businesses that truly ance today. And when you make that second if we can get a deal. need the Federal Government’s help. vote, you do it with your eyes wide But to leave schools behind, to leave The legislation gives small businesses open. You do it on notice that you will hungry people behind, and to leave the opportunity to receive a second be turning your back on those individ- countless others who have been im- PPP if they can demonstrate a signifi- uals who cry out for help as we speak pacted by this virus behind, this is a cant revenue reduction of 25 percent. here on this floor today. big deal. It is a big deal. We need to Additionally, it adds more flexibility What we are talking about here is help our small businesses, and we have in how PPP dollars can be spent and that we need to do our job as Congress. to help others as well. still be eligible to have those loans for- Now, I have done everything in my Let’s hope rationality will prevail, given. power personally over the last 3 common sense will prevail, and we can Many of our Nation’s small busi- months to work with our Senate col- come together similar to the way we nesses are still struggling signifi- leagues, to work with the White House, did on the continuing resolution yes- cantly. We need to work quickly to to work in a bipartisan fashion to do a terday. provide a path forward for as many of bigger package than the Paycheck Pro- Mr. Speaker, I reserve the balance of them as possible. Just as small busi- tection Program. But I will take what my time. nesses meet and exceed the expectation I can get. Mrs. LESKO. Boy, I have read some of their customers, let’s meet the needs There should be bipartisan support media reports where actually there of small businesses across the country. for this Paycheck Protection Program were members of the Democratic Party Let’s defeat the previous question and relief that we are talking about here in the U.S. House of Representatives in restart the PPP, the Paycheck Protec- today. swing districts who pleaded with tion Program. I urge my colleagues to defeat the Our economy is depending upon Speaker PELOSI to have a relief pack- previous question, vote ‘‘no,’’ and join America’s small businesses, and Amer- age, and she is the one who said: Oh, us and trust us in standing with the ica’s small businesses are depending no. upon us here today. This vote really American people. So I have to respectfully disagree does matter. Usually, these things are b 1200 with the gentleman’s analogy. procedural, but this is an opportunity Mr. Speaker, I yield 3 minutes to the Mr. MCGOVERN. Mr. Speaker, I yield not just to help those small businesses gentleman from Ohio (Mr. CHABOT). myself such time as I may consume. but, most importantly, those people Mr. CHABOT. Mr. Speaker, I thank Mr. Speaker, I have great respect for who work for them and the families the gentlewoman for yielding. the gentleman from New York, and I they support. Mr. Speaker, it has now been over 46 appreciate his efforts at trying to find Mr. MCGOVERN. Mr. Speaker, I yield common ground and trying to make days since the Paycheck Protection myself such time as I may consume. this place work better. But I do take Program, also known as PPP, was shut Mr. Speaker, let me remind all of my exception to a statement he made, that down. This means that small busi- colleagues this is a procedural vote, if you vote against this, then you are nesses have been prevented from apply- and this is a very common practice of turning your backs on small busi- ing for CARES Act funding through the my Republican colleagues on a regular nesses. PPP for over a month and a half now. basis to urge a defeat of the previous Well, I can make that same argument This also means that real people’s jobs question so they can bring up whatever to all of my Republican friends who continue to be in jeopardy through no they want to bring up. voted against the HEROES Act. Not fault of their own. The gentleman just said that we need only did they turn their backs on small This is just unacceptable, Mr. Speak- to move quickly. My question is: Where businesses, they turned their backs on er. This is unacceptable because small have you been? Where have you been? schools and on people who right now businesses play an outsized role in our Four months ago—4 months ago—we are going hungry in this country. I can economy. They employ half of all passed a bill that would provide relief go right down the list of all the things. workers in this country. Think about to our small businesses and to our They are turning their backs on cities that. Nearly one out of every two cash-strapped communities, many of and towns that are not just blue cities workers in this country are employed them forced to lay off first responders. and towns. by small businesses. Not only do small Where have you been? Have you Mr. Speaker, this notion that we businesses employ millions of people, picked up the phone and called MITCH have to define everything in terms of but they are also this Nation’s job cre- MCCONNELL? Have you lobbied any of red and blue, in terms of whether they ators. They create approximately two your Republican colleagues on the Sen- get assistance, I find very dis- out of every three new jobs in this ate side? Nothing. concerting. I never question a vote in country. We are about to recess. I think every- favor of disaster relief if a red State Beyond statistics, they are the heart- body knows that people back home are was hit by a hurricane or an earth- beat of Main Streets all across Amer- not happy with the obstructionism and quake or a fire. You try to do the right ica. They are the corner store, the the Senate doing nothing. So let’s toss thing. neighborhood coffee shop, and the res- out a procedural vote, and we can use So spare us the indignation, because taurant in the town or village. They that as cover. Talk about being cyn- the deal is, we passed something here 4 are the fabric of commerce in my home ical.

VerDate Sep 11 2014 06:01 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.021 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4731 We had an opportunity. We still have American businesses and jobs. I urge In my district in southwest Wash- an opportunity to come together and defeat of the previous question and im- ington, almost 9,500 small businesses do something that will help all Ameri- mediate consideration of H.R. 8265. have accessed critical paycheck protec- cans. Instead, this is the best we can Mr. MCGOVERN. Mr. Speaker, I yield tion loans. Surgical Training Institute do, no promises to talk to the Senate, myself such time as I may consume. in Camas was able to keep its 22 em- no nothing. Mr. Speaker, it is unclear to me what ployees employed. The little Neptune It is just frustrating because people this President would or would not sign. Theatre in Pacific County also took ad- are hurting, and it is not enough at the I am looking at a headline from CBS vantage of this program. Altogether, last minute to come up with a proce- News: ‘‘Trump said coronavirus ‘affects they have saved 92,000 jobs. dural vote that doesn’t mean anything virtually nobody,’ as U.S. surpasses That is 92,000 people—individuals, and all along having been opposed to 200,000 deaths.’’ moms, dads, brothers, and sisters—who the HEROES Act. Talk about clueless here. We passed are able to continue providing for their Mr. Speaker, I reserve the balance of the HEROES Act to help our schools families by putting food on the table my time. and our healthcare workers. I would and keeping a roof over their kids’ Mrs. LESKO. Mr. Speaker, I can like to think that there is no objection heads. guarantee that if we were in the major- to helping our schools and our This should not be a political foot- ity, we would be able to do a relief healthcare workers. We want to help ball. Across the Nation, the PPP has package that didn’t include liberal our first responders. They are the he- helped save millions of jobs, and small wish lists that could actually pass the roes here. businesses have been able to keep their Why is that such a controversial Senate and get signed into law. doors open and pay their employees. Mr. Speaker, I yield 2 minutes to the thing to do? This is not a partisan issue. Let’s gentleman from Oklahoma (Mr. KEVIN We wanted to pass the HEROES Act stop talking about what was done in HERN). to provide more testing and tracing so Mr. KEVIN HERN of Oklahoma. Mr. we can contain this virus. We are doing the past. Let’s look forward and fix the Speaker, I urge defeat of the previous that while the President of the United problem. Join with us now and support question so that we can immediately States is hosting superspreader events extending this program. move to debate and pass H.R. 8265 and where people without masks are all To me, it is a shame that small busi- stop playing politics with American bunched together. ness relief and relief for workers is a businesses and jobs. We passed the HEROES Act to sup- partisan issue. It should not be treated We all can name at least one favorite port families who are struggling to pay like a political football here in Con- establishment that is now an economic their rent, and we passed the HEROES gress. This is not a hostage we should casualty of coronavirus. Many small Act to help small businesses. hold on to to get anybody’s wish list businesses are hurting, and they need It is time for my Republican friends passed. We should pass this. our help. to pick up the phone, call Senator The fact of the matter is that the We came together in an incredible bi- MCCONNELL, and ask him to sit down PPP expired on August 8, and we have partisan way this spring to create the and negotiate a deal that helps the en- been in session many days between now Paycheck Protection Program, but the tirety of this country. I don’t see why and then. With nearly $135 billion still fallout of these shutdowns is lasting that is so controversial, yet they won’t in the program, Congress must act now longer than any of us dared believe, do it. They won’t do it. This is cynical to free up these funds and get relief to and our communities are now in need politics, pure and simple. those who need it most. of swift action. Mr. Speaker, I reserve the balance of Thousands of businesses across the That is exactly why we need a vote my time. country are on the brink of collapse on H.R. 8265, which Democratic leader- Mrs. LESKO. Mr. Speaker, again, if and mass layoffs, and they are crying ship is currently preventing. There are the so-called HEROES Act would not out for help. If we do not act now to ex- over $135 billion still sitting in the have been chock-full of a bunch of lib- tend the PPP, they could all go under. funds that are authorized and appro- eral wish lists but only concentrated We are talking about our neighborhood priated. This bill gives small busi- on things that Republicans and Demo- mom-and-pop shops that are the back- nesses with 25 percent revenue losses crats could have actually agreed to and bone of our communities. We don’t and under 300 employees the oppor- would have passed the Senate and then have any more time to waste. tunity for a second cut at the PPP signed into law, we would have had re- Mr. Speaker, I urge defeat of the pre- loan. It sets aside $25 billion specifi- lief to the American people by now. vious question so the House can ad- cally for mom-and-pop businesses with But I would assume that Chairman vance bipartisan relief to small busi- less than 10 employees, and it sim- MCGOVERN knows that there were cer- nesses. plifies the forgiveness process for loans tain things in that bill that they knew b 1215 under $150,000. in advance that the Republicans Do it today. Do it today. We have weren’t going to go for, like releasing Mr. MCGOVERN. Mr. Speaker, I un- plenty of time. To make it simple: prisoners into the communities. derstand why the gentlewoman doesn’t Passing this bill saves jobs, but doing Mr. Speaker, I yield 3 minutes to the want to talk about the past, because 4 nothing sends those same people to the gentlewoman from Washington (Ms. months ago, she—as well as most Re- unemployment lines. The bills we are HERRERA BEUTLER). publicans—voted ‘‘no’’ on the HEROES voting on today will never become law. Ms. HERRERA BEUTLER. Mr. Act. They voted to deny help to small Messaging bills can wait; extending Speaker, I rise today to urge Repub- businesses. They voted to deny help to this program cannot. licans and Democrats to join us on this our schools, to our healthcare workers, I know that many of my colleagues vote to extend the vital jobs-saving to our first responders. across the aisle are frustrated with the program, the Paycheck Protection Pro- Mr. Speaker, I get it. She and others lack of action on this issue. They like gram, which will provide relief to small are going to have to explain to their this bill and know it would help our businesses that desperately need it dur- constituents why they did that, why communities. I know this because ing this public health crisis. It is not they voted against the interests of many have told me personally. If half just the small businesses that will ben- their own constituents. So I get it. of the Democrats who have privately efit. It is actually for the workers who But the bottom line is this: If my Re- told me they supported this legislation work in those businesses to keep their publican friends want to help, pick up would vote for it, it would pass over- jobs. the phone and call their friend, MITCH whelmingly and would be law quickly. With talk that the House Democrat MCCONNELL, and ask him to get serious So I call on them today to stand up and leadership is looking to finish our leg- about negotiating a compromise here do what is right. Their communities islative business and send us home so we can help small businesses and need them in this moment. America early, we should be doing everything also help our schools and our first re- needs us all in this moment. that we can in our power to provide sponders and our healthcare workers. Mr. Speaker, I ask the Democrat that relief to small businesses that des- Mr. Speaker, I reserve the balance of leaders to stop playing politics with perately need it. my time.

VerDate Sep 11 2014 06:01 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.023 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4732 CONGRESSIONAL RECORD — HOUSE September 23, 2020 Mrs. LESKO. Mr. Speaker, I yield AMENDMENT TO HOUSE RESOLUTION 1129 his wounds. He then returned home to North- myself such time as I may consume. At the end of the resolution, add the fol- eastern Ohio where he enrolled in Case West- Mr. Speaker, in closing, at a time lowing: ern University Law School earning a degree when many Americans are struggling SEC. 7. Immediately upon adoption of this in 1971. Following retirement from active with the economic fallout from the on- resolution, the House shall proceed to the duty, Major Nunziato continuously cham- consideration in the House of the bill (H.R. pioned the rights of veterans and the dis- going pandemic, it is unfortunate that abled, while establishing a distinguished ca- the Democratic majority is not coming 8265) to amend the Small Business Act and the CARES Act to establish a program for reer in banking and finance. up with solutions that can actually be second draw loans and make other modifica- (5) Due to Major Nunziato’s tireless efforts, signed into law. We need to negotiate tions to the paycheck protection program, a Department of Veterans Affairs outpatient with the Republicans in the Senate and and for other purposes. All points of order clinic was established in Youngstown. Addi- the President and the Democrats to- against consideration of the bill are waived. tionally, his exhaustive work throughout gether. That is what America wants. The bill shall be considered as read. All Mahoning County has brought curb cuts, Instead, in this rule, we are focusing points of order against provisions in the bill wheel chair ramps and other accessibility on a Green New Deal-type of energy are waived. The previous question shall be measures to county public buildings, univer- package—one that didn’t work so well considered as ordered on the bill and on any sities and courthouses, affording more independence to local disabled population. These in California, as can be attested to by amendment thereto to final passage without intervening motion except: (1) one hour of efforts were borne from witnessing fellow their rolling blackouts and other en- debate equally divided and controlled by the disabled veterans denied justice and equal- ergy crises. chair and ranking minority member of the ity, after having fought and sacrificed for Mr. Speaker, I would call on us to de- Committee on Small Business; and (2) one those same principles. feat the previous question so that we motion to recommit. SEC. 2. NAME OF DEPARTMENT OF VETERANS AF- can add the amendment to, at least, SEC. 8. Clause l(c) of rule XIX shall not FAIRS COMMUNITY-BASED OUT- help the small businesses and their apply to the consideration of H.R. 8265. PATIENT CLINIC, YOUNGSTOWN, OHIO. workers. This is something we can do Mr. MCGOVERN. Mr. Speaker, I yield The Department of Veterans Affairs com- together. back the balance of my time, and I munity-based outpatient clinic in Youngs- Mr. Speaker, I urge a ‘‘no’’ on the move the previous question on the res- town, Ohio, shall, after the date of the enact- previous question, ‘‘no’’ on the under- olution. ment of this Act, be known and designated lying measure, and I yield back the The SPEAKER pro tempore. The as the ‘‘Carl Nunziato VA Clinic’’. Any ref- balance of my time. question is on ordering the previous erence to such clinic in any law, regulation, Mr. MCGOVERN. Mr. Speaker, I yield question. map, document, record, or other paper of the myself such time as I may consume. The question was taken; and the United States shall be considered to be a ref- Mr. Speaker, my friend just men- Speaker pro tempore announced that erence to the Carl Nunziato VA Clinic. tioned ‘‘the least’’ we can do. Well, this the ayes appeared to have it. The bill was ordered to be engrossed is not the time to do the least of any- Mrs. LESKO. Mr. Speaker, on that I and read a third time, was read the thing. We are faced with a pandemic, demand the yeas and nays. third time, and passed, and a motion to haven’t seen the likes of this since 1918. The SPEAKER pro tempore. Pursu- reconsider was laid on the table. This is a big deal. It impacts every part ant to section 3 of House Resolution f of our economy. And they are talking 965, the yeas and nays are ordered. MARGARET COCHRAN CORBIN about ‘‘the least.’’ Pursuant to clause 8 of rule XX, fur- Well, you know what? We have to CAMPUS OF THE NEW YORK ther proceedings on this question are HARBOR HEALTH CARE SYSTEM help our small businesses; we have to postponed. help our schools. We have to protect Mr. TAKANO. Madam Speaker, I ask f our first responders and our healthcare unanimous consent that the Com- workers. This impacts everybody. And CARL NUNZIATO VA CLINIC mittee on Veterans’ Affairs be dis- the notion that they can’t muster the Mr. TAKANO. Madam Speaker, I ask charged from further consideration of political will to pick up the phone and unanimous consent that the Com- the bill (H.R. 1925) to designate the ask the Senate to negotiate with us is mittee on Veterans’ Affairs be dis- Manhattan Campus of the New York really, really sad, and it is a disservice charged from further consideration of Harbor Health Care System of the De- to the people of this country. the bill (H.R. 5023) to name the Depart- partment of Veterans Affairs as the Mr. Speaker, I get it. Like every- ment of Veterans Affairs community- ‘‘Margaret Cochran Corbin Campus of thing in the HEROES Act—well, that is based outpatient clinic in Youngstown, the New York Harbor Health Care Sys- what a negotiation is for, you go back Ohio, as the ‘‘Carl Nunziato VA Clin- tem’’, and ask for its immediate con- and forth, and you trade things off. I ic’’, and ask for its immediate consid- sideration in the House. would argue everything in the HE- eration in the House. The Clerk read the title of the bill. ROES Act is necessary and important. The Clerk read the title of the bill. The SPEAKER pro tempore. Is there Mr. Speaker, I would urge my col- The SPEAKER pro tempore (Ms. objection to the request of the gen- leagues to support the rule. It includes BROWNLEY of California.) Is there ob- tleman from California? an important energy bill that will help jection to the request of the gentleman There was no objection. us deal with the climate crisis, which from California? The text of the bill is as follows: is real—no matter what the President There was no objection. H.R. 1925 says, we have a climate crisis—and The text of the bill is as follows: Be it enacted by the Senate and House of Rep- some human rights legislation as well, H.R. 5023 resentatives of the United States of America in to stand up for the human rights of the Congress assembled, Uyghurs, and make sure that no U.S. Be it enacted by the Senate and House of Rep- resentatives of the United States of America in SECTION 1. DESIGNATION OF MANHATTAN CAM- or international businesses are uti- Congress assembled, PUS OF THE NEW YORK HARBOR lizing forced labor by the Chinese Gov- HEALTH CARE SYSTEM OF THE DE- SECTION 1. FINDINGS. PARTMENT OF VETERANS AFFAIRS, ernment against the Uyghurs. Congress makes the following findings: NEW YORK. Mr. Speaker, again, we have a job to (1) Carl Nunziato graduated from Youngs- (a) FINDINGS.—Congress makes the fol- do here, and that is to provide relief town State University ROTC as the Distin- lowing findings: during this pandemic. And it really is guished Military Graduate in 1961 and com- (1) Margaret Cochran was born in Franklin frustrating that my Republican friends missioned into the U.S. Army. County, Pennsylvania, on November 12, 1751, have done nothing—done nothing—to (2) While serving, Major (ret.) Nunziato and married John Corbin in 1772. help get us to a solution. was stationed in Thailand during the Lao- (2) Three years after the marriage, when Mr. Speaker, I would urge all my col- tian Crisis. Major Nunziato later served two John Corbin left to fight in the Revolu- leagues to join with us in support of voluntary tours of combat duty in Vietnam. tionary War as an artilleryman, Margaret (3) On his second tour, then-Captain Corbin accompanied him to war to support the rule and the underlying measure. Nunziato was severely injured, losing both the Revolutionary Army. Please vote ‘‘yes’’ on the previous ques- legs from a mortar attack while protecting a (3) Margaret Corbin supported the Revolu- tion. small Vietnamese village in Soui Da. tionary Army by caring for injured and sick The material previously referred to (4) Major Nunziato spent two years at Wal- soldiers as well as by cooking and cleaning. by Mrs. LESKO is as follows: ter Reed Military Hospital recovering from During battle, she also helped her husband

VerDate Sep 11 2014 06:01 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.025 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4733 load the cannon he was responsible for man- fore serving active duty tours in South superior flying skills, the last group of sol- ning. Korea, Japan, and Thailand. diers and his crew would never have made it (4) On November 16, 1776, John Corbin was (4) Lieutenant Colonel Kettles volunteered off the battlefield. Major Kettles’ selfless manning a cannon during the Battle of Fort for active duty in 1963 when the United acts of repeated valor and determination are Washington on Manhattan Island, New York, States was engaged in the Vietnam War. in keeping with the highest traditions of when he was killed. Margaret Corbin hero- (5) Some of the awards and decorations military service and reflect great credit ically took her husband’s place, firing the earned by Lieutenant Colonel Kettles in- upon himself and the United States Army.’’. cannon until she, too, was hit by enemy fire clude the following: (b) DESIGNATION.—The medical center of and seriously wounded. (A) The Medal of Honor. the Department of Veterans Affairs in Ann (5) Having lost the use of her left arm, (B) The Distinguished Service Cross. Arbor, Michigan, shall after the date of the Margaret Corbin was assigned to the ‘‘In- (C) The Legion of Merit. enactment of this Act be known and des- valid Regiment’’ at West Point, New York. (D) The Distinguished Flying Cross. ignated as the ‘‘Lieutenant Colonel Charles (6) The Continental Congress awarded Mar- (E) The Bronze Star Medal with one oak S. Kettles Department of Veterans Affairs garet Corbin a lifelong pension for her inju- leaf cluster. Medical Center’’ or the ‘‘Lieutenant Colonel ries, making her the first woman to receive (F) The Air Medal with numeral 27. Charles S. Kettles VA Medical Center’’. a pension from the United States by virtue (G) The Korean Service Medal. (c) REFERENCE.—Any reference in any law, of military service for the United States. (H) The Vietnam Service Medal with one regulation, map, document, paper, or other (7) Margaret Corbin died in 1789 in High- silver service star and one bronze service record of the United States to the medical land Falls, New York. She is honored nearby star. center referred to in subsection (b) shall be at West Point as a hero of the Revolutionary (I) The Master Aviator Badge. considered to be a reference to the Lieuten- War. (6) The Medal of Honor citation for Lieu- ant Colonel Charles S. Kettles Department of (b) DESIGNATION.—The Manhattan Campus tenant Colonel Kettles states, ‘‘Major Veterans Affairs Medical Center. of the New York Harbor Health Care System Charles S. Kettles distinguished himself by The bill was ordered to be engrossed of the Department of Veterans Affairs in conspicuous gallantry and intrepidity while serving as Flight Commander, 176th Aviation and read a third time, was read the New York, New York, shall after the date of third time, and passed, and a motion to the enactment of this Act be known and des- Company (Airmobile) (Light), 14th Combat ignated as the ‘‘Margaret Cochran Corbin Aviation Battalion, Americal Division near reconsider was laid on the table. Campus of the New York Harbor Health Care Duc Pho, Republic of Vietnam. On 15 May f 1967, Major Kettles, upon learning that an System’’. ROBERT D. MAXWELL DEPART- (c) REFERENCE.—Any reference in any law, airborne infantry unit had suffered casual- regulation, map, document, paper, or other ties during an intense firefight with the MENT OF VETERANS AFFAIRS record of the United States to the Campus enemy, immediately volunteered to lead a CLINIC referred to in subsection (b) shall be deemed flight of six UH–1D helicopters to carry reinforcements to the embattled force and to Mr. TAKANO. Madam Speaker, I ask to be a reference to the Margaret Cochran unanimous consent to take from the Corbin Campus of the New York Harbor evacuate wounded personnel. Enemy small Health Care System. arms, automatic weapons, and mortar fire Speaker’s table the bill (S. 4072) to des- raked the landing zone, inflicting heavy ignate the clinic of the Department of The bill was ordered to be engrossed damage to the helicopters; however, Major Veterans Affairs in Bend, Oregon, as and read a third time, was read the Kettles refused to depart until all heli- the ‘‘Robert D. Maxwell Department of third time, and passed, and a motion to copters were loaded to capacity. He then re- Veterans Affairs Clinic’’, and ask for turned to the battlefield, with full knowl- reconsider was laid on the table. its immediate consideration in the f edge of the intense enemy fire awaiting his arrival, to bring more reinforcements, land- House. LIEUTENANT COLONEL CHARLES ing in the midst of enemy mortar and auto- The Clerk read the title of the bill. S. KETTLES DEPARTMENT OF matic weapons fire that seriously wounded The SPEAKER pro tempore. Is there VETERANS AFFAIRS MEDICAL his gunner and severely damaged his air- objection to the request of the gen- CENTER craft. Upon departing, Major Kettles was ad- tleman from California? vised by another helicopter crew that he had Mr. TAKANO. Madam Speaker, I ask There was no objection. fuel streaming out of his aircraft. Despite The text of the bill is as follows: unanimous consent that the Com- the risk posed by the leaking fuel, he nursed mittee on Veterans’ Affairs be dis- the damaged aircraft back to base. Later S. 4072 charged from further consideration of that day, the Infantry Battalion Commander Be it enacted by the Senate and House of Rep- the bill (H.R. 7347) to designate the requested immediate, emergency extraction resentatives of the United States of America in medical center of the Department of of the remaining 40 troops, including four Congress assembled, members of Major Kettles’ unit who were Veterans Affairs in Ann Arbor, Michi- SECTION 1. DESIGNATION OF ROBERT D. MAX- stranded when their helicopter was de- WELL DEPARTMENT OF VETERANS gan, as the ‘‘Lieutenant Colonel stroyed by enemy fire. With only one flyable AFFAIRS CLINIC. Charles S. Kettles Department of Vet- UH–1 helicopter remaining, Major Kettles (a) DESIGNATION.—The clinic of the Depart- erans Affairs Medical Center’’, and ask volunteered to return to the deadly landing ment of Veterans Affairs located at 2650 NE for its immediate consideration in the zone for a third time, leading a flight of six Courtney Drive, Bend, Oregon, shall after House. evacuation helicopters, five of which were the date of the enactment of this Act be The Clerk read the title of the bill. from the 161st Aviation Company. During known and designated as the ‘‘Robert D. The SPEAKER pro tempore. Is there the extraction, Major Kettles was informed Maxwell Department of Veterans Affairs by the last helicopter that all personnel were objection to the request of the gen- Clinic’’ or the ‘‘Robert D. Maxwell VA Clin- onboard, and departed the landing zone ac- ic’’. tleman from California? cordingly. Army gunships supporting the (b) REFERENCE.—Any reference in any law, There was no objection. evacuation also departed the area. Once air- regulation, map, document, paper, or other The text of the bill is as follows: borne, Major Kettles was advised that eight record of the United States to the clinic re- H.R. 7347 troops had been unable to reach the evacu- ferred to in paragraph (1) shall be considered Be it enacted by the Senate and House of Rep- ation helicopters due to the intense enemy to be a reference to the Robert D. Maxwell resentatives of the United States of America in fire. With complete disregard for his own Department of Veterans Affairs Clinic. Congress assembled, safety, Major Kettles passed the lead to an- The bill was read a third time, and other helicopter and returned to the landing SECTION 1. DESIGNATION OF LIEUTENANT COLO- passed, and a motion to reconsider was zone to rescue the remaining troops. Without NEL CHARLES S. KETTLES DEPART- laid on the table. MENT OF VETERANS AFFAIRS MED- gunship, artillery, or tactical aircraft sup- ICAL CENTER. port, the enemy concentrated all firepower f (a) FINDINGS.—Congress finds the fol- on his lone aircraft, which was immediately LEO C. CHASE JR. DEPARTMENT lowing: damaged by a mortar round that shattered (1) Lieutenant Colonel Charles S. Kettles both front windshields and the chin bubble OF VETERANS AFFAIRS CLINIC was born in Ypsilanti, Michigan, on January and was further raked by small arms and Mr. TAKANO. Madam Speaker, I ask 9, 1930. machine gun fire. Despite the intense enemy unanimous consent to take from the (2) Lieutenant Colonel Kettles was drafted fire, Major Kettles maintained control of the Speaker’s table the bill (S. 1646) to des- to the Army at age 21, and after attending aircraft and situation, allowing time for the ignate the community-based out- Officer Candidate School, earned his com- remaining eight soldiers to board the air- mission as an armor officer in the United craft. In spite of the severe damage to his patient clinic of the Department of States Army Reserve on February 28, 1953. helicopter, Major Kettles once more skill- Veterans Affairs in St. Augustine, (3) Lieutenant Colonel Kettles graduated fully guided his heavily damaged aircraft to Florida, as the ‘‘Leo C. Chase Jr. De- from the Army Aviation School in 1953 be- safety. Without his courageous actions and partment of Veterans Affairs Clinic’’,

VerDate Sep 11 2014 06:01 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A23SE7.010 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4734 CONGRESSIONAL RECORD — HOUSE September 23, 2020 and ask for its immediate consider- South Val Vista Drive, Gilbert, Arizona, Sec. 203. Pilot program to provide veterans ation in the House. shall after the date of the enactment of this access to complementary and The Clerk read the title of the bill. Act be known and designated as the ‘‘Staff integrative health programs The SPEAKER pro tempore. Is there Sergeant Alexander W. Conrad Veterans Af- through animal therapy, objection to the request of the gen- fairs Health Care Clinic’’. agritherapy, sports and recre- tleman from California? (b) REFERENCE.—Any reference in a law, ation therapy, art therapy, and regulation, map, document, paper, or other There was no objection. posttraumatic growth pro- record of the United States to the facility re- grams. The text of the bill is as follows: ferred to in subsection (a) shall be deemed to Sec. 204. Department of Veterans Affairs S. 1646 be a reference to the ‘‘Staff Sergeant Alex- study of all-cause mortality of Be it enacted by the Senate and House of Rep- ander W. Conrad Veterans Affairs Health veterans, including by suicide, resentatives of the United States of America in Care Clinic’’. and review of staffing levels of Congress assembled, The bill was ordered to be engrossed mental health professionals. SECTION 1. DESIGNATION OF LEO C. CHASE JR. Sec. 205. Comptroller General report on DEPARTMENT OF VETERANS AF- and read a third time, was read the third time, and passed, and a motion to management by Department of FAIRS CLINIC. Veterans Affairs of veterans at (a) DESIGNATION.—The community-based reconsider was laid on the table. high risk for suicide. outpatient clinic of the Department of Vet- f erans Affairs located at 207 Stratton Road, TITLE III—PROGRAMS, STUDIES, AND St. Augustine, Florida, shall after the date ANNOUNCEMENT BY THE SPEAKER GUIDELINES ON MENTAL HEALTH of the enactment of this Act be known and PRO TEMPORE Sec. 301. Study on connection between living designated as the ‘‘Leo C. Chase Jr. Depart- The SPEAKER pro tempore. Pursu- at high altitude and suicide ment of Veterans Affairs Clinic’’ or the ‘‘Leo risk factors among veterans. C. Chase Jr. VA Clinic’’. ant to clause 8 of rule XX, the Chair Sec. 302. Establishment by Department of (b) REFERENCE.—Any reference in any law, will postpone further proceedings Veterans Affairs and Depart- regulation, map, document, paper, or other today on motions to suspend the rules ment of Defense of a clinical record of the United States to the facility re- on which the yeas and nays are or- provider treatment toolkit and ferred to in subsection (a) shall be considered dered. accompanying training mate- to be a reference to the Leo C. Chase Jr. De- The House will resume proceedings rials for comorbidities. partment of Veterans Affairs Clinic. on postponed questions at a later time. Sec. 303. Update of clinical practice guide- The bill was read a third time, and lines for assessment and man- f passed, and a motion to reconsider was agement of patients at risk for laid on the table. COMMANDER JOHN SCOTT HANNON suicide. Sec. 304. Establishment by Department of f VETERANS MENTAL HEALTH CARE IMPROVEMENT ACT OF 2019 Veterans Affairs and Depart- STAFF SERGEANT ALEXANDER W. ment of Defense of clinical CONRAD VETERANS AFFAIRS Mr. TAKANO. Madam Speaker, I practice guidelines for the HEALTH CARE CLINIC move to suspend the rules and pass the treatment of serious mental ill- bill (S. 785) to improve mental health ness. Mr. TAKANO. Madam Speaker, I ask care provided by the Department of Sec. 305. Precision medicine initiative of De- unanimous consent that the Com- Veterans Affairs, and for other pur- partment of Veterans Affairs to mittee on Veterans’ Affairs be dis- poses. identify and validate brain and charged from further consideration of The Clerk read the title of the bill. mental health biomarkers. Sec. 306. Statistical analyses and data eval- the bill (H.R. 4983) to designate the De- The text of the bill is as follows: partment of Veterans Affairs commu- uation by Department of Vet- S. 785 nity-based outpatient clinic in Gilbert, erans Affairs. Arizona, as the ‘‘Staff Sergeant Alex- Be it enacted by the Senate and House of Rep- TITLE IV—OVERSIGHT OF MENTAL resentatives of the United States of America in HEALTH CARE AND RELATED SERVICES ander W. Conrad Veterans Affairs Congress assembled, Health Care Clinic’’, and ask for its im- Sec. 401. Study on effectiveness of suicide SECTION 1. SHORT TITLE; TABLE OF CONTENTS. prevention and mental health mediate consideration in the House. (a) SHORT TITLE.—This Act may be cited as The Clerk read the title of the bill. outreach programs of Depart- the ‘‘Commander John Scott Hannon Vet- ment of Veterans Affairs. The SPEAKER pro tempore. Is there erans Mental Health Care Improvement Act objection to the request of the gen- Sec. 402. Oversight of mental health and sui- of 2019’’. cide prevention media outreach tleman from California? (b) TABLE OF CONTENTS.—The table of con- conducted by Department of There was no objection. tents for this Act is as follows: Veterans Affairs. The text of the bill is as follows: Sec. 1. Short title; table of contents. Sec. 403. Comptroller General management H.R. 4983 TITLE I—IMPROVEMENT OF TRANSITION review of mental health and Be it enacted by the Senate and House of Rep- OF INDIVIDUALS TO SERVICES FROM suicide prevention services of resentatives of the United States of America in DEPARTMENT OF VETERANS AFFAIRS Department of Veterans Af- Congress assembled, Sec. 101. Strategic plan on expansion of fairs. SECTION 1. FINDINGS. health care coverage for vet- Sec. 404. Comptroller General report on ef- Congress finds the following: erans transitioning from serv- forts of Department of Veterans (1) Staff Sergeant Alexander W. Conrad of ice in the Armed Forces. Affairs to integrate mental Chandler, Arizona, joined the United States Sec. 102. Review of records of former mem- health care into primary care Army on June 1, 2010. bers of the Armed Forces who clinics. (2) Staff Sergeant Conrad’s decorated serv- die by suicide within one year Sec. 405. Joint mental health programs by ice includes two deployments to Afghanistan of separation from the Armed Department of Veterans Affairs in support of Operation Enduring Freedom. Forces. and Department of Defense. (3) Staff Sergeant Conrad subsequently de- Sec. 103. Report on REACH VET program of TITLE V—IMPROVEMENT OF MENTAL ployed to Africa in support of Operation Oc- Department of Veterans Af- HEALTH MEDICAL WORKFORCE tave Shield, while assigned to 1st Battalion, fairs. Sec. 501. Staffing improvement plan for 3rd Special Forces Group, Fort Bragg, North Sec. 104. Report on care for former members Carolina, as a Human Intelligence Non- mental health providers of De- of the Armed Forces with other partment of Veterans Affairs. commissioned Officer. than honorable discharge. (4) On June 8, 2018, Staff Sergeant Conrad Sec. 502. Establishment of Department of died in Somalia from injuries sustained from TITLE II—SUICIDE PREVENTION Veterans Affairs Readjustment indirect enemy fire. Sec. 201. Financial assistance to certain en- Counseling Service Scholarship (5) Staff Sergeant Conrad was post- tities to provide or coordinate Program. humously awarded the Purple Heart, Bronze the provision of suicide preven- Sec. 503. Comptroller General report on Re- Star with Valor, and Meritorious Service tion services for eligible indi- adjustment Counseling Service Medal. viduals and their families. of Department of Veterans Af- SEC. 2. DESIGNATION OF STAFF SERGEANT ALEX- Sec. 202. Analysis on feasibility and advis- fairs. ANDER W. CONRAD VETERANS AF- ability of the Department of Sec. 504. Expansion of reporting require- FAIRS HEALTH CARE CLINIC. Veterans Affairs providing cer- ments on Readjustment Coun- (a) DESIGNATION.—The Southeast Veterans tain complementary and inte- seling Service of Department of Affairs Health Care Clinic located at 3285 grative health services. Veterans Affairs.

VerDate Sep 11 2014 06:01 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0655 E:\CR\FM\K23SE7.031 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4735 Sec. 505. Briefing on alternative work sched- ment under section 1705(a) of title 38, United cumstances of the death of the former mem- ules for employees of Veterans States Code. ber. Health Administration. (E) A description of activities designed to (4) Demographic variables, including the Sec. 506. Suicide prevention coordinators. promote the availability of health care from following: Sec. 507. Report on efforts by Department of the Department for such veterans, including (A) Sex. Veterans Affairs to implement outreach to members of the Armed Forces (B) Age. safety planning in emergency though the Transition Assistance Program (C) Rank at separation from the Armed departments. under sections 1142 and 1144 of title 10, Forces. TITLE VI—IMPROVEMENT OF CARE AND United States Code. (D) Career field after separation from the SERVICES FOR WOMEN VETERANS (F) A description of legislative or adminis- Armed Forces. trative action required to carry out the plan. (E) State and county of residence one Sec. 601. Expansion of capabilities of Women (G) A description of how the plan would month prior to death. Veterans Call Center to include further the ongoing initiatives under Execu- (F) Branch of service in the Armed Forces. text messaging. tive Order 13822 (83 Fed. Reg. 1513; relating to (G) Marital status. Sec. 602. Requirement for Department of supporting our veterans during their transi- (H) Reason for separation from the Armed Veterans Affairs internet tion from uniformed service to civilian life) Forces. website to provide information to provide seamless access to high-quality (5) Support or medical services furnished on services available to women mental health care and suicide prevention to the former member through the Depart- veterans. resources to veterans as they transition, ment of Defense, specified by the type of TITLE VII—OTHER MATTERS with an emphasis on the one-year period fol- service or care provided. Sec. 701. Expanded telehealth from Depart- lowing separation. (6) Support or medical services furnished ment of Veterans Affairs. (b) DEFINITIONS.—In this section: to the former member through the Depart- Sec. 702. Partnerships with non-Federal (1) ACTIVE MILITARY, NAVAL, OR AIR SERV- ment of Veterans Affairs, specified by the Government entities to provide ICE.—The term ‘‘active military, naval, or type of service or care provided. hyperbaric oxygen therapy to air service’’ has the meaning given that term (c) EVIDENCE-BASED AND EMPIRICALLY-SUP- veterans and studies on the use in section 101(24) of title 38, United States PORTED CONTEXTUAL AND INDIVIDUAL RISK FACTORS.—Evidence-based and empirically- of such therapy for treatment Code. supported contextual and individual risk fac- of post-traumatic stress dis- (2) APPROPRIATE COMMITTEES OF CON- tors specified in this subsection include the order and traumatic brain in- GRESS.—The term ‘‘appropriate committees following: jury. of Congress’’ means— (1) Exposure to violence. Sec. 703. Prescription of technical qualifica- (A) the Committee on Veterans’ Affairs (2) Exposure to suicide. tions for licensed hearing aid and the Committee on Appropriations of the Senate; and (3) Housing instability. specialists and requirement for (4) Financial instability. (B) the Committee on Veterans’ Affairs appointment of such special- (5) Vocational problems or insecurity. and the Committee on Appropriations of the ists. (6) Legal problems. House of Representatives. Sec. 704. Use by Department of Veterans Af- (7) Highly acute or significantly chronic fairs of commercial institu- SEC. 102. REVIEW OF RECORDS OF FORMER MEM- relational problems. tional review boards in spon- BERS OF THE ARMED FORCES WHO DIE BY SUICIDE WITHIN ONE YEAR (8) Limited access to health care. sored research trials. (d) REPORT.—Not later than three years Sec. 705. Creation of Office of Research Re- OF SEPARATION FROM THE ARMED FORCES. after the date of the enactment of this Act, views within the Office of Infor- (a) REVIEW.— the Secretary of Defense and the Secretary mation and Technology of the (1) IN GENERAL.—The Secretary of Defense of Veterans Affairs shall jointly submit to Department of Veterans Af- and the Secretary of Veterans Affairs shall the appropriate committees of Congress an fairs. jointly review the records of each former aggregated report on the results of the re- TITLE I—IMPROVEMENT OF TRANSITION member of the Armed Forces who died by view conducted under subsection (a) with re- OF INDIVIDUALS TO SERVICES FROM suicide, as determined by the Secretary of spect to the year-one cohort of former mem- DEPARTMENT OF VETERANS AFFAIRS Defense or the Secretary of Veterans Affairs, bers of the Armed Forces covered by the review. SEC. 101. STRATEGIC PLAN ON EXPANSION OF within one year following the discharge or (e) DEFINITIONS.—In this section: HEALTH CARE COVERAGE FOR VET- release of the former member from active (1) ACTIVE MILITARY, NAVAL, OR AIR SERV- ERANS TRANSITIONING FROM SERV- military, naval, or air service during the ICE.—The term ‘‘active military, naval, or ICE IN THE ARMED FORCES. five-year period preceding the date of the en- air service’’ has the meaning given that term (a) STRATEGIC PLAN.— actment of this Act. in section 101(24) of title 38, United States (1) IN GENERAL.—Not later than one year (2) RECORDS TO BE REVIEWED.—In com- Code. after the date of the enactment of this Act, pleting the review required under paragraph (2) APPROPRIATE COMMITTEES OF CONGRESS the Secretary of Veterans Affairs, in con- (1), the Secretary of Defense and the Sec- DEFINED.—The term ‘‘appropriate commit- sultation with the Secretary of Defense, retary of Veterans Affairs shall review the shall submit to the appropriate committees tees of Congress’’ means— following records maintained by the Depart- (A) the Committee on Armed Services and of Congress and publish on a website of the ment of Defense: Department of Veterans Affairs a strategic the Committee on Veterans’ Affairs of the (A) Health treatment records. Senate; and plan for the provision by the Department of (B) Fitness, medical, and dental records. (B) the Committee on Armed Services and health care to any veteran during the one- (C) Ancillary training records. the Committee on Veterans’ Affairs of the year period following the discharge or re- (D) Safety forms and additional duties sec- House of Representatives. lease of the veteran from active military, tions of the personnel information files. naval, or air service. SEC. 103. REPORT ON REACH VET PROGRAM OF (b) ELEMENTS.—The review required by DEPARTMENT OF VETERANS AF- (2) ELEMENTS.—The plan submitted under subsection (a) with respect to a former mem- FAIRS. paragraph (1) shall include the following: ber of the Armed Forces shall include consid- (a) IN GENERAL.—Not later than 180 days (A) An identification of general goals and eration of the following: after the date of the enactment of this Act, objectives for the provision of health care to (1) Whether the Department of Defense had the Secretary of Veterans Affairs shall sub- veterans described in such paragraph. identified the former member as being at ele- mit to the Committee on Veterans’ Affairs of (B) A description of how such goals and ob- vated risk during the 365-day period before the Senate and the Committee on Veterans’ jectives are to be achieved, including— separation of the member from the Armed Affairs of the House of Representatives a re- (i) a description of the use of existing per- Forces. port on the REACH VET program. sonnel, information, technology, facilities, (2) In the case that the member was identi- (b) ELEMENTS.—The report required by sub- public and private partnerships, and other fied as being at elevated risk as described in section (a) shall include the following: resources of the Department of Veterans Af- paragraph (1), whether that identification (1) An assessment of the impact of the fairs; had been communicated to the Department REACH VET program on rates of suicide (ii) a description of the anticipated need of Veterans Affairs via the Solid Start initia- among veterans. for additional resources for the Department; tive of the Department pursuant to Execu- (2) An assessment of how limits within the and tive Order 13822 (83 Fed. Reg. 1513; relating to REACH VET program, such as caps on the (iii) an assessment of cost. supporting our veterans during their transi- number of veterans who may be flagged as (C) An analysis of the anticipated health tion from uniformed service to civilian life), high risk, are adjusted for differing rates of care needs, including mental health care, for or any other means. suicide across the country. such veterans, disaggregated by geographic (3) The presence of evidence-based and em- (3) A detailed explanation, with evidence, area. pirically-supported contextual and indi- for why the conditions included in the model (D) An analysis of whether such veterans vidual risk factors specified in subsection (c) used by the REACH VET program were cho- are eligible for enrollment in the system of with respect to the former member and how sen, including an explanation as to why cer- annual patient enrollment of the Depart- those risk factors correlated to the cir- tain conditions, such as bipolar disorder II,

VerDate Sep 11 2014 06:01 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A23SE7.007 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4736 CONGRESSIONAL RECORD — HOUSE September 23, 2020 were not included even though they show a (A) a maximum amount to be awarded wellbeing, and suicide risk of the eligible in- similar rate of risk for suicide as other con- under the grant of not more than $750,000 per dividual; and ditions that were included. grantee per fiscal year; and (C) the effect of the services furnished by (4) An assessment of the feasibility of in- (B) intervals of payment for the adminis- the entity on the social support of the eligi- corporating certain economic data held by tration of the grant. ble individuals receiving those services. the Veterans Benefits Administration into (d) DISTRIBUTION OF GRANTS AND PREF- (5) REPORTS.—The Secretary— the model used by the REACH VET program, ERENCE.— (A) shall require each entity receiving a including financial data and employment (1) DISTRIBUTION.— grant under this section to submit to the status, which research indicates may have (A) PRIORITY.—In compliance with sub- Secretary an annual report that describes an impact on risk for suicide. paragraphs (B) and (C), in determining how the projects carried out with such grant dur- (c) REACH VET PROGRAM DEFINED.—In to distribute grants under this section, the ing the year covered by the report; this section, the term ‘‘REACH VET pro- Secretary may prioritize— (B) shall specify to each such entity the gram’’ means the Recovery Engagement and (i) rural communities; evaluation criteria and data and information Coordination for Health—Veterans Enhanced (ii) Tribal lands; to be submitted in such report; and Treatment program of the Department of (iii) territories of the United States; (C) may require each such entity to submit Veterans Affairs. (iv) medically underserved areas; to the Secretary such additional reports as (v) areas with a high number or percentage the Secretary considers appropriate. SEC. 104. REPORT ON CARE FOR FORMER MEM- of minority veterans or women veterans; and (f) APPLICATION FOR GRANTS.— BERS OF THE ARMED FORCES WITH OTHER THAN HONORABLE DIS- (vi) areas with a high number or percent- (1) IN GENERAL.—An eligible entity seeking CHARGE. age of calls to the Veterans Crisis Line. a grant under this section shall submit to Section 1720I(f) of title 38, United States (B) AREAS WITH NEED.—The Secretary shall the Secretary an application therefor in such Code, is amended— ensure that, to the extent practicable, grants form, in such manner, and containing such (1) in paragraph (1) by striking ‘‘Not less under this section are distributed— commitments and information as the Sec- frequently than once’’ and inserting ‘‘Not (i) to provide services in areas of the retary considers necessary to carry out this later than February 15’’; and United States that have experienced high section. rates of suicide by eligible individuals, in- ATTERS TO BE INCLUDED (2) in paragraph (2)— (2) M .—Each appli- cluding suicide attempts; and cation submitted by an eligible entity under (A) by redesignating subparagraph (C) as (ii) to eligible entities that can assist eligi- paragraph (1) shall contain the following: subparagraph (F); and ble individuals at risk of suicide who are not (A) A description of the suicide prevention (B) by inserting after subsection (B) the currently receiving health care furnished by services proposed to be provided by the eligi- following new subparagraphs: the Department. ble entity and the identified need for those ‘‘(C) The types of mental or behavioral (C) GEOGRAPHY.—In distributing grants services. health care needs treated under this section. under this paragraph, the Secretary may (B) A detailed plan describing how the eli- ‘‘(D) The demographics of individuals being provide grants to eligible entities that fur- gible entity proposes to coordinate or deliver treated under this section, including— nish services to eligible individuals and their suicide prevention services to eligible indi- ‘‘(i) age; families in geographically dispersed areas. viduals, including— ‘‘(ii) era of service in the Armed Forces; (2) PREFERENCE.—The Secretary shall give (i) an identification of the community ‘‘(iii) branch of service in the Armed preference to eligible entities that have dem- partners, if any, with which the eligible enti- Forces; and onstrated the ability to provide or coordi- ty proposes to work in delivering such serv- ‘‘(iv) geographic location. nate suicide prevention services. ices; ‘‘(E) The average number of visits for an (e) REQUIREMENTS FOR RECEIPT OF (ii) a description of the arrangements cur- individual for mental or behavioral health GRANTS.— rently in place between the eligible entity care under this section.’’. (1) NOTIFICATION THAT SERVICES ARE FROM and such partners with regard to the provi- TITLE II—SUICIDE PREVENTION DEPARTMENT.—Each entity receiving a grant sion or coordination of suicide prevention under this section to provide or coordinate SEC. 201. FINANCIAL ASSISTANCE TO CERTAIN services; ENTITIES TO PROVIDE OR COORDI- suicide prevention services to eligible indi- (iii) an identification of how long such ar- NATE THE PROVISION OF SUICIDE viduals and their families shall notify the re- rangements have been in place; PREVENTION SERVICES FOR ELIGI- cipients of such services that such services (iv) a description of the suicide prevention BLE INDIVIDUALS AND THEIR FAMI- are being paid for, in whole or in part, by the services provided by such partners that the LIES. Department. eligible entity shall coordinate, if any; and (a) PURPOSE; DESIGNATION.— (2) DEVELOPMENT OF PLAN WITH ELIGIBLE IN- (v) an identification of local suicide pre- (1) PURPOSE.—The purpose of this section DIVIDUALS AND THEIR FAMILY.—Any plan de- vention coordinators of the Department and is to reduce veteran suicide through a com- veloped with respect to the provision of sui- a description of how the eligible entity will munity-based grant program to award grants cide prevention services for an eligible indi- communicate with local suicide prevention to eligible entities to provide or coordinate vidual or their family shall be developed in coordinators. suicide prevention services to eligible indi- consultation with the eligible individual and (C) A description of the population of eligi- viduals and their families. their family. ble individuals and their families proposed to (2) DESIGNATION.—The grant program under (3) COORDINATION.—An entity receiving a be provided suicide prevention services. this section shall be known as the ‘‘Staff grant under this section shall— (D) Based on information and methods de- Sergeant Parker Gordon Fox Suicide Preven- (A) coordinate with the Secretary with re- veloped by the Secretary for purposes of this tion Grant Program’’. spect to the provision of clinical services to subsection, an estimate of the number of eli- (b) FINANCIAL ASSISTANCE AND COORDINA- eligible individuals in accordance with sub- gible individuals at risk of suicide and their TION.—The Secretary shall provide financial section (n) or any other provisions of the law families proposed to be provided suicide pre- assistance to eligible entities approved under regarding the delivery of health care by the vention services, including the percentage of this section through the award of grants to Secretary; those eligible individuals who are not cur- such entities to provide or coordinate the (B) inform every veteran who receives as- rently receiving care furnished by the De- provision of services to eligible individuals sistance under this section from the entity partment. and their families to reduce the risk of sui- of the ability of the veteran to apply for en- (E) Evidence of measurable outcomes re- cide. The Secretary shall carry out this sec- rollment in the patient enrollment system of lated to reductions in suicide risk and mood- tion in coordination with the President’s the Department under section 1705(a) of title related symptoms utilizing validated instru- Roadmap to Empower Veterans and End a 38, United States Code; and ments by the eligible entity (and the pro- National Tragedy of Suicide Task Force and (C) if such a veteran wishes to so enroll, in- posed partners of the entity, if any) in pro- in consultation with the Office of Mental form the veteran of a point of contact at the viding suicide prevention services to individ- Health and Suicide Prevention of the Depart- Department who can assist the veteran in uals at risk of suicide, particularly to eligi- ment, to the extent practicable. such enrollment. ble individuals and their families. (c) AWARD OF GRANTS.— (4) MEASUREMENT AND MONITORING.—An en- (F) A description of the managerial and (1) IN GENERAL.—The Secretary shall award tity receiving a grant under this section technological capacity of the eligible enti- a grant to each eligible entity for which the shall submit to the Secretary a description ty— Secretary has approved an application under of such tools and assessments the entity uses (i) to coordinate the provision of suicide subsection (f) to provide or coordinate the or will use to determine the effectiveness of prevention services with the provision of provision of suicide prevention services the services furnished by the entity, which other services; under this section. shall include the measures developed under (ii) to assess on an ongoing basis the needs (2) GRANT AMOUNTS, INTERVALS OF PAY- subsection (h)(2) and may include— of eligible individuals and their families for MENT, AND MATCHING FUNDS.—In accordance (A) the effect of the services furnished by suicide prevention services; with the services being provided under a the entity on the financial stability of the (iii) to coordinate the provision of suicide grant under this section and the duration of eligible individual; prevention services with the services of the those services, the Secretary shall estab- (B) the effect of the services furnished by Department for which eligible individuals lish— the entity on the mental health status, are also eligible;

VerDate Sep 11 2014 06:01 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A23SE7.007 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4737 (iv) to tailor suicide prevention services to wellbeing, and reducing suicide risk and (A) Confirmation of the status of a poten- the needs of eligible individuals and their completed suicides of eligible individuals tial eligible individual as a veteran. families; and their families, which shall include an ex- (B) Confirmation of whether the potential (v) to seek continuously new sources of as- isting measurement tool or protocol for the eligible individual is enrolled in the patient sistance to ensure the continuity of suicide grant recipient to utilize when determining enrollment system of the Department under prevention services for eligible individuals programmatic effectiveness. section 1705(a) of title 38, United States and their families as long as they are deter- (3) COORDINATION.—In developing a plan for Code. mined to be at risk of suicide; and the design and implementation of the provi- (C) Confirmation of whether a potential el- (vi) to measure the effects of suicide pre- sion of grants under this section, including igible individual is currently receiving care vention services provided by the eligible en- criteria for the award of grants, the Sec- furnished by the Department or has recently tity or partner organization, in accordance retary shall consult with the following: received such care. with subsection (h)(2), on the lives of eligible (A) Veterans service organizations. (3) OPT-OUT.—The Secretary shall allow an individuals and their families who receive (B) National organizations representing po- eligible individual to opt out of having their such services provided by the organization tential community partners of eligible enti- information shared under this subsection using pre- and post-evaluations on validated ties in providing supportive services to ad- with recipients of grants under this section. measures of suicide risk and mood-related dress the needs of eligible individuals and symptoms. their families, including national organiza- (j) DURATION.—The authority of the Sec- (G) Clearly defined objectives for the provi- tions that— retary to provide grants under this section sion of suicide prevention services. (i) advocate for the needs of individuals shall terminate on the date that is three (H) A description and physical address of with or at risk of behavioral health condi- years after the date on which the first grant the primary location of the eligible entity. tions; is awarded under this section. (I) A description of the geographic area the (ii) represent mayors; (k) REPORTING.— eligible entity plans to serve during the (iii) represent unions; (1) INTERIM REPORT.— grant award period for which the application (iv) represent first responders; (A) IN GENERAL.—Not later than 18 months applies. (v) represent chiefs of police and sheriffs; after the date on which the first grant is (J) If the eligible entity is a State or local (vi) represent governors; government or an Indian tribe, the amount (vii) represent a territory of the United awarded under this section, the Secretary of grant funds proposed to be made available States; or shall submit to the appropriate committees to community partners, if any, through (viii) represent a Tribal alliance. of Congress a report on the provision of agreements. (C) National organizations representing grants to eligible entities under this section. (K) A description of how the eligible entity members of the Armed Forces. (B) ELEMENTS.—The report submitted will assess the effectiveness of the provision (D) National organizations that represent under subparagraph (A) shall include the fol- of grants under this section. counties. lowing: (L) An agreement to use the measures and (E) Organizations with which the Depart- (i) An assessment of the effectiveness of metrics provided by the Department for the ment has a current memorandum of agree- the grant program under this section, includ- purposes of measuring the effectiveness of ment or understanding related to mental ing— the programming as described in subsection health or suicide prevention. (I) the effectiveness of grant recipients and (h)(2). (F) State departments of veterans affairs. their community partners, if any, in con- (M) Such additional application criteria as (G) National organizations representing ducting outreach to eligible individuals; the Secretary considers appropriate. members of the reserve components of the (II) the effectiveness of increasing eligible (g) TRAINING AND TECHNICAL ASSISTANCE.— Armed Forces. individuals engagement in suicide preven- (1) IN GENERAL.—The Secretary shall pro- (H) National organizations representing tion services; and vide training and technical assistance, in co- members of the Coast Guard. (III) such other validated instruments and ordination with the Centers for Disease Con- (I) Organizations, including institutions of additional measures as determined by the trol and Prevention, to eligible entities in higher education, with experience in cre- Secretary and as described in subsection receipt of grants under this section regard- ating measurement tools for purposes of ad- (h)(2). ing— vising the Secretary on the most appropriate (ii) A list of grant recipients and their (A) suicide risk identification and manage- existing measurement tool or protocol for partner organizations, if any, that delivered ment; the Department to utilize. services funded by the grant and the amount (B) the data required to be collected and (J) The National Alliance on Mental Ill- of such grant received by each recipient and shared with the Department; ness. partner organization. (C) the means of data collection and shar- (K) A labor organization (as such term is (iii) The number of eligible individuals sup- ing; defined in section 7103(a)(4) of title 5, United ported by each grant recipient, including (D) familiarization with and appropriate States Code). through services provided to family mem- use of any tool to be used to measure the ef- (L) The Centers for Disease Control and bers, disaggregated by— fectiveness of the use of the grants provided; Prevention, the Substance Abuse and Mental (I) all demographic characteristics as de- and Health Services Administration, the Presi- termined necessary and appropriate by the (E) the requirements for reporting under dent’s Roadmap to Empower Veterans and Secretary in coordination with the Centers subsection (e)(5) on services provided via End a National Tragedy of Suicide Task for Disease Control and Prevention; such grants. Force, and such other organizations as the (II) whether each such eligible individual is (2) PROVISION OF TRAINING AND TECHNICAL Secretary considers appropriate. enrolled in the patient enrollment system of ASSISTANCE.—The Secretary may provide the (4) REPORT ON GRANT CRITERIA.—Not later the Department under section 1705(a) of title training and technical assistance described than 30 days before notifying eligible enti- 38, United States Code; in paragraph (1) directly or through grants ties of the availability of funding under this (III) branch of service in the Armed Forces; or contracts with appropriate public or non- section, the Secretary shall submit to the (IV) era of service in the Armed Forces; profit entities. appropriate committees of Congress a report (V) type of service received by the eligible (h) ADMINISTRATION OF GRANT PROGRAM.— containing— individual; and (1) SELECTION CRITERIA.—The Secretary, in (A) criteria for the award of a grant under (VI) whether each such eligible individual consultation with entities specified in para- this section; was referred to the Department for care. graph (3), shall establish criteria for the se- (B) the already developed measures and (iv) The number of eligible individuals sup- lection of eligible entities that have sub- metrics to be used by the Department to ported by grants under this section, includ- mitted applications under subsection (f). measure the effectiveness of the use of ing through services provided to family (2) DEVELOPMENT OF MEASURES AND grants provided under this section as de- members. METRICS.—The Secretary shall develop, in scribed in subsection (h)(2); and (v) The number of eligible individuals de- consultation with entities specified in para- (C) a framework for the sharing of informa- scribed in clause (iv) who were not pre- graph (3), the following: tion about entities in receipt of grants under viously receiving care furnished by the De- (A) A framework for collecting and sharing this section. partment, with specific numbers for the pop- information about entities in receipt of (i) INFORMATION ON POTENTIAL ELIGIBLE IN- ulation of eligible individuals described in grants under this section for purposes of im- DIVIDUALS.— subsection (q)(4)(B). proving the services available for eligible in- (1) IN GENERAL.—The Secretary may make (vi) The number of eligible individuals dividuals and their families, set forth by available to recipients of grants under this whose mental health status, wellbeing, and service type, locality, and eligibility cri- section certain information regarding poten- suicide risk received a baseline measurement teria. tial eligible individuals who may receive assessment under this section and the num- (B) The measures and metrics to be used by services for which such grant is provided. ber of such eligible individuals whose mental each entity in receipt of grants under this (2) INFORMATION INCLUDED.—The informa- health status, wellbeing, and suicide risk section to determine the effectiveness of the tion made available under paragraph (1) with will be measured by the Department or a programming being provided by such entity respect to potential eligible individuals may community partner over a period of time for in improving mental health status, include the following: any improvements.

VerDate Sep 11 2014 06:01 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A23SE7.007 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4738 CONGRESSIONAL RECORD — HOUSE September 23, 2020 (vii) The types of data the Department was (ii) compare the results of the grant proof the Committee on Appropriations of the able to collect and share with partners, in- gram with other national programs in deliv- Senate; and cluding a characterization of the benefits of ering resources to eligible individuals in the (B) the Committee on Veterans’ Affairs that data. communities where they live that address and the Subcommittee on Military Construc- (viii) The number and percentage of eligi- the factors that contribute to suicide. tion, Veterans Affairs, and Related Agencies ble individuals referred to the point of con- (2) ASSESSMENT.— of the Committee on Appropriations of the tact at the Department under subsection (A) IN GENERAL.—The contract under para- House of Representatives. (e)(3)(C). graph (1) shall provide that not later than 24 (2) DEPARTMENT.—The term ‘‘Department’’ (ix) The number of eligible individuals months after the commencement of the means the Department of Veterans Affairs. newly enrolled in the patient enrollment sys- grant program under this section, the appro- (3) ELIGIBLE ENTITY.—The term ‘‘eligible tem of the Department under section 1705(a) priate entity shall submit to the Secretary entity’’ means— of title 38, United States Code based on a re- an assessment based on the study conducted (A) an incorporated private institution or ferral to the Department from a grant recipi- pursuant to such contract. foundation— ent under subsection (e)(3)(C), disaggregated (B) SUBMITTAL TO CONGRESS.—Upon receipt (i) no part of the net earnings of which in- by grant recipient. of the assessment under subparagraph (A), curs to the benefit of any member, founder, (x) A detailed account of how the grant the Secretary shall transmit to the appro- contributor, or individual; and funds were used, including executive com- priate committees of Congress a copy of the (ii) that has a governing board that would pensation, overhead costs, and other indirect assessment. be responsible for the operation of the sui- costs. (3) APPROPRIATE ENTITY.—An appropriate cide prevention services provided under this (xi) A description of any outreach activi- entity described in this paragraph is a non- section; ties conducted by the eligible entity in re- government entity with experience opti- (B) a corporation wholly owned and con- ceipt of a grant with respect to services pro- mizing and assessing organizations that de- trolled by an organization meeting the re- vided using the grant. liver services and assessing the effectiveness quirements of clauses (i) and (ii) of subpara- (xii) The number of individuals who seek of suicide prevention programs. graph (A); services from the grant recipient who are not (m) REFERRAL FOR CARE.— (C) an Indian tribe; eligible individuals. (1) MENTAL HEALTH ASSESSMENT.—If an eli- (D) a community-based organization that (C) SUBMITTAL OF INFORMATION BY GRANT gible entity in receipt of a grant under this can effectively network with local civic or- RECIPIENTS.—The Secretary may require eli- section determines that an eligible indi- ganizations, regional health systems, and gible entities receiving grants under this vidual is at-risk of suicide or other mental or other settings where eligible individuals and section to provide to Congress such informa- behavioral health condition pursuant to a their families are likely to have contact; or tion as the Secretary determines necessary baseline mental health screening conducted (E) A State or local government. regarding the elements described in subpara- under subsection (q)(11)(A)(ii) with respect to (4) ELIGIBLE INDIVIDUAL.—The term ‘‘eligi- graph (B). the individual, the entity shall refer the eli- ble individual’’ includes a person at risk of suicide who is— (2) FINAL REPORT.—Not later than three gible individual to the Department for addi- years after the date on which the first grant tional care under subsection (n) or any other (A) a veteran as defined in section 101 of is awarded under this section, and annually provision of law. title 38, United States Code; (B) an individual described in section thereafter for each year in which the pro- (2) EMERGENCY TREATMENT.—If an eligible 1720I(b) of such title; or gram is in effect, the Secretary shall submit entity in receipt of a grant under this sec- (C) an individual described in any of to the appropriate committees of Congress— tion determines that an eligible individual clauses (i) through (iv) of section (A) a follow-up on the interim report sub- furnished clinical services for emergency 1712A(a)(1)(C) of such title. mitted under paragraph (1) containing the treatment under subsection (q)(11)(A)(iv) re- (5) EMERGENCY TREATMENT.—Medical serv- elements set forth in subparagraph (B) of quires ongoing services, the entity shall ices, professional services, ambulance serv- such paragraph; and refer the eligible individual to the Depart- ices, ancillary care and medication (includ- (B) a report on— ment for additional care under subsection (n) ing a short course of medication related to or any other provision of law. (i) the effectiveness of the provision of and necessary for the treatment of the emer- (3) REFUSAL.—If an eligible individual re- grants under this section, including the ef- gency condition that is provided directly to fuses a referral by an entity under paragraph fectiveness of community partners in con- or prescribed for the patient for use after the (1) or (2), any ongoing clinical services pro- ducting outreach to eligible individuals and emergency condition is stabilized and the pa- vided to the eligible individual by the entity their families and reducing the rate of sui- tient is discharged) was rendered in a med- shall be at the expense of the entity. cide among eligible individuals; ical emergency of such nature that a prudent (n) PROVISION OF CARE TO ELIGIBLE INDIVID- (ii) an assessment of the increased capacity layperson would have reasonably expected of the Department to provide services to eli- UALS.—When the Secretary determines it is clinically appropriate, the Secretary shall that delay in seeking immediate medical at- gible individuals and their families, set forth tention would have been hazardous to life or by State, as a result of the provision of furnish to eligible individuals who are receiving or have received suicide prevention health. This standard is met by an emer- grants under this section; gency medical condition manifesting itself (iii) the feasibility and advisability of ex- services through grants provided under this section an initial mental health assessment by acute symptoms of sufficient severity (in- tending or expanding the provision of grants cluding severe pain) that a prudent consistent with this section; and and mental health or behavioral health care services authorized under chapter 17 of title layperson who possesses an average knowl- (iv) such other elements as considered ap- edge of health and medicine could reason- propriate by the Secretary. 38, United States Code, that are required to treat the mental or behavioral health care ably expect the absence of immediate med- (l) THIRD-PARTY ASSESSMENT.— needs of the eligible individual, including ical attention to result in placing the health (1) STUDY OF GRANT PROGRAM.— risk of suicide. of the individual in serious jeopardy, serious (A) IN GENERAL.—Not later than 180 days (o) AGREEMENTS WITH COMMUNITY PART- impairment to bodily functions, or serious after the commencement of the grant pro- NERS.— dysfunction of any bodily organ or part. gram under this section, the Secretary shall (1) IN GENERAL.—Subject to paragraph (2), (6) FAMILY.—The term ‘‘family’’ means, seek to enter into a contract with an appro- an eligible entity may use grant funds to with respect to an eligible individual, any of priate entity described in paragraph (3) to enter into an agreement with a community the following: conduct a study of the grant program. partner under which the eligible entity may (A) A parent. (B) ELEMENTS OF STUDY.—In conducting provide funds to the community partner for (B) A spouse. the study under subparagraph (A), the appro- the provision of suicide prevention services (C) A child. priate entity shall— to eligible individuals and their families. (D) A sibling. (i) evaluate the effectiveness of the grant (2) LIMITATION.—The ability of a recipient (E) A step-family member. program under this section in— of a grant under this section to provide grant (F) An extended family member. (I) addressing the factors that contribute funds to a community partner shall be lim- (G) Any other individual who lives with to suicides; ited to grant recipients that are a State or the eligible individual. (II) increasing the use of suicide preven- local government or an Indian tribe. (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ tion services; (p) AUTHORIZATION OF APPROPRIATIONS.— has the meaning given that term in section (III) reducing mood-related symptoms that There is authorized to be appropriated to the 4 of the Native American Housing Assistance increase suicide and suicide risk; and Secretary to carry out this section a total of and Self-Determination Act of 1996 (25 U.S.C. (IV) where such information is available $174,000,000 for fiscal years 2021 through 2025. 4103). due to the time frame of the grant program, (q) DEFINITIONS.—In this section: (8) RISK OF SUICIDE.— reducing suicidal ideation, suicide attempts, (1) APPROPRIATE COMMITTEES OF CON- (A) IN GENERAL.—The term ‘‘risk of sui- self-harm, and deaths by suicide; and GRESS.—The term ‘‘appropriate committees cide’’ means exposure to, or the existence of, (V) reducing suicidal ideation, suicide at- of Congress’’ means— any of the following (to a degree determined tempts, self-harm, and deaths by suicide (A) the Committee on Veterans’ Affairs by the Secretary pursuant to regulations): among eligible individuals through eligible and the Subcommittee on Military Construc- (i) Health risk factors, including the fol- entities located in communities; and tion, Veterans Affairs, and Related Agencies lowing:

VerDate Sep 11 2014 06:01 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A23SE7.007 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4739 (I) Mental health challenges. Secretary considers appropriate, which may vide complementary and integrative health (II) Substance abuse. include— programs described in subsection (b) to eligi- (III) Serious or chronic health conditions (I) adaptive sports, equine assisted ther- ble veterans from the Department of Vet- or pain. apy, or in-place or outdoor recreational ther- erans Affairs or through the use of non-De- (IV) Traumatic brain injury. apy; partment entities for the treatment of post- (ii) Environmental risk factors, including (II) substance use reduction programming; traumatic stress disorder, depression, anx- the following: (III) individual, group, or family coun- iety, or other conditions as determined by (I) Prolonged stress. seling; and the Secretary. (II) Stressful life events. (IV) relationship coaching. (b) PROGRAMS DESCRIBED.—Complementary (III) Unemployment. (B) EXCLUSION.—The term ‘‘suicide preven- and integrative health programs described in (IV) Homelessness. tion services’’ does not include direct cash this subsection may, taking into consideration the report described in subsection (a), (V) Recent loss. assistance to eligible individuals or their consist of the following: (VI) Legal or financial challenges. families. (1) Equine therapy. (iii) Historical risk factors, including the (12) VETERANS CRISIS LINE.—The term ‘‘Vet- (2) Other animal therapy. following: erans Crisis Line’’ means the toll-free hot- (3) Agritherapy. (I) Previous suicide attempts. line for veterans established under section (4) Sports and recreation therapy. (II) Family history of suicide. 1720F(h) of title 38, United States Code. (5) Art therapy. (III) History of abuse, neglect, or trauma. (13) VETERANS SERVICE ORGANIZATION.—The (6) Posttraumatic growth programs. (B) DEGREE OF RISK.—The Secretary may, term ‘‘veterans service organization’’ means any organization recognized by the Sec- (c) ELIGIBLE VETERANS.—A veteran is eligi- by regulation, establish a process for deter- ble to participate in the pilot program under retary for the representation of veterans mining degrees of risk of suicide for use by this section if the veteran— under section 5902 of title 38, United States grant recipients to focus the delivery of serv- (1) is enrolled in the system of patient en- Code. ices using grant funds. rollment of the Department under section (9) RURAL.—The term ‘‘rural’’, with respect SEC. 202. ANALYSIS ON FEASIBILITY AND ADVIS- ABILITY OF THE DEPARTMENT OF 1705(a) of title 38, United States Code; and to a community, has the meaning given that (2) has received health care under the laws term in the Rural-Urban Commuting Areas VETERANS AFFAIRS PROVIDING CERTAIN COMPLEMENTARY AND IN- administered by the Secretary during the coding system of the Department of Agri- TEGRATIVE HEALTH SERVICES. two-year period preceding the initial partici- culture. (a) IN GENERAL.—Not later than 180 days pation of the veteran in the pilot program. (10) SECRETARY.—The term ‘‘Secretary’’ after the date of the enactment of this Act, (d) DURATION.— means the Secretary of Veterans Affairs. the Secretary of Veterans Affairs shall com- (1) IN GENERAL.—The Secretary shall carry (11) SUICIDE PREVENTION SERVICES.— plete an analysis on the feasibility and ad- out the pilot program under this section for (A) IN GENERAL.—The term ‘‘suicide pre- visability of providing complementary and a three-year period beginning on the com- vention services’’ means services to address integrative health treatments described in mencement of the pilot program. the needs of eligible individuals and their subsection (c) at all medical facilities of the (2) EXTENSION.—The Secretary may extend families and includes the following: Department of Veterans Affairs. the duration of the pilot program under this (i) Outreach to identify those at risk of (b) INCLUSION OF ASSESSMENT OF REPORT.— section if the Secretary, based on the results suicide with an emphasis on eligible individ- The analysis conducted under subsection (a) of the interim report submitted under sub- uals who are at highest risk or who are not shall include an assessment of the final re- section (f)(1), determines that it is appro- receiving health care or other services fur- port of the Creating Options for Veterans’ priate to do so. nished by the Department. Expedited Recovery Commission (commonly (e) LOCATIONS.— (ii) A baseline mental health screening for referred to as the ‘‘COVER Commission’’) es- (1) IN GENERAL.—The Secretary shall select risk. tablished under section 931 of the Jason not fewer than five facilities of the Depart- (iii) Education on suicide risk and preven- Simcakoski Memorial and Promise Act (title ment at which to carry out the pilot pro- tion to families and communities. IX of Public Law 114–198; 38 U.S.C. 1701 note) gram under this section. (iv) Provision of clinical services for emer- submitted under subsection (e)(2) of such (2) SELECTION CRITERIA.—In selecting facili- gency treatment. section. ties under paragraph (1), the Secretary shall (v) Case management services. (c) TREATMENTS DESCRIBED.—Complemen- ensure that— (vi) Peer support services. tary and integrative health treatments de- (A) the locations are in geographically di- (vii) Assistance in obtaining any benefits scribed in this subsection shall consist of the verse areas; and from the Department that the eligible indi- following: (B) not fewer than three facilities serve vidual and their family may be eligible to re- (1) Yoga. veterans in rural or highly rural areas (as de- ceive, including— (2) Meditation. termined through the use of the Rural-Urban (I) vocational and rehabilitation coun- (3) Acupuncture. Commuting Areas coding system of the De- seling; (4) Chiropractic care. partment of Agriculture). (II) supportive services for homeless vet- (5) Other treatments that show sufficient (f) REPORTS.— erans; evidence of efficacy at treating mental or (1) INTERIM REPORT.— (III) employment and training services; physical health conditions, as determined by (A) IN GENERAL.—Not later than one year (IV) educational assistance; and the Secretary. after the commencement of the pilot pro- (V) health care services. (d) REPORT.—The Secretary shall submit to gram under this section, the Secretary shall (viii) Assistance in obtaining and coordi- the Committee on Veterans’ Affairs of the submit to the Committee on Veterans’ Af- nating the provision of other benefits pro- Senate and the Committee on Veterans’ Af- fairs of the Senate and the Committee on vided by the Federal Government, a State or fairs of the House of Representatives a re- Veterans’ Affairs of the House of Representa- local government, or an eligible entity. port on the analysis completed under sub- tives a report on the progress of the pilot (ix) Assistance with emergent needs relat- section (a), including— program. ing to— (1) the results of such analysis; and (B) ELEMENTS.—The report required by (I) health care services; (2) such recommendations regarding the subparagraph (A) shall include the following: (II) daily living services; furnishing of complementary and integrative (i) The number of participants in the pilot (III) personal financial planning and coun- health treatments described in subsection (c) program. seling; as the Secretary considers appropriate. (ii) The type or types of therapy offered at (IV) transportation services; SEC. 203. PILOT PROGRAM TO PROVIDE VET- each facility at which the pilot program is (V) temporary income support services; ERANS ACCESS TO COMPLEMEN- being carried out. (VI) fiduciary and representative payee TARY AND INTEGRATIVE HEALTH (iii) An assessment of whether participa- PROGRAMS THROUGH ANIMAL services; THERAPY, AGRITHERAPY, SPORTS tion by a veteran in the pilot program re- (VII) legal services to assist the eligible in- AND RECREATION THERAPY, ART sulted in any changes in clinically relevant dividual with issues that may contribute to THERAPY, AND POSTTRAUMATIC endpoints for the veteran with respect to the the risk of suicide; and GROWTH PROGRAMS. conditions specified in subsection (a). (VIII) child care (not to exceed $5,000 per (a) IN GENERAL.—Not later than 180 days (iv) An assessment of the quality of life of family of an eligible individual per fiscal after the date on which the Creating Options veterans participating in the pilot program, year). for Veterans’ Expedited Recovery Commis- including the results of a satisfaction survey (x) Nontraditional and innovative ap- sion (commonly referred to as the ‘‘COVER of the participants in the pilot program, proaches and treatment practices, as deter- Commission’’) established under section 931 disaggregated by program under subsection mined appropriate by the Secretary, in con- of the Jason Simcakoski Memorial and (b). sultation with appropriate entities. Promise Act (title IX of Public Law 114–198; (v) The determination of the Secretary (xi) Such other services necessary for im- 38 U.S.C. 1701 note) submits its final report with respect to extending the pilot program proving the mental health status and under subsection (e)(2) of such section, the under subsection (d)(2). wellbeing and reducing the suicide risk of el- Secretary of Veterans Affairs shall com- (vi) Any recommendations of the Secretary igible individuals and their families as the mence the conduct of a pilot program to pro- with respect to expanding the pilot program.

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(2) FINAL REPORT.—Not later than 90 days (E) A description of actions taken by the Secretary of Veterans Affairs in coordina- after the termination of the pilot program Secretary, in consultation with the Director tion with the Centers for Disease Control under this section, the Secretary shall sub- of the Office of Personnel Management, to and Prevention; mit to the Committee on Veterans’ Affairs of create an occupational series for mental (B) Veterans Integrated Service Network; the Senate and the Committee on Veterans’ health counselors and marriage and family and Affairs of the House of Representatives a therapists of the Department and a timeline (C) to the extent practicable, medical cen- final report on the pilot program. for the creation of such an occupational se- ter of the Department. SEC. 204. DEPARTMENT OF VETERANS AFFAIRS ries. (2) A description of how the Department STUDY OF ALL-CAUSE MORTALITY (F) A description of actions taken by the intervenes when a patient is identified as OF VETERANS, INCLUDING BY SUI- Secretary to ensure that the national, re- high risk, including an assessment of the ef- CIDE, AND REVIEW OF STAFFING gional, and local professional standards ficacy of such interventions disaggregated LEVELS OF MENTAL HEALTH PRO- boards for mental health counselors and by— FESSIONALS. marriage and family therapists are com- (A) all demographic characteristics as de- (a) STUDY OF DEATHS OF VETERANS BY SUI- prised of only mental health counselors and termined necessary and appropriate by the CIDE.— marriage and family therapists and that the Secretary in coordination with the Centers (1) IN GENERAL.—The Secretary of Veterans liaison from the Department to such boards Affairs shall seek to enter into an agreement for Disease Control and Prevention; is a mental health counselor or marriage and (B) Veterans Integrated Service Network; with the National Academies of Sciences, family therapist. Engineering, and Medicine under which the and (c) COMPILATION OF DATA.—The Secretary (C) to the extent practicable, medical cen- Secretary shall collaborate and coordinate of Veterans Affairs shall ensure that data with the National Academies on a revised ter of the Department. under subsections (a) and (b) is compiled sep- (3) A description of how the Department study design to fulfill the goals of the 2019 arately and disaggregated by year and com- study design of the National Academies de- monitors patients who have been identified piled in a manner that allows it to be ana- as high risk, including an assessment of the scribed in the explanatory statement accom- lyzed across all data fields for purposes of in- efficacy of such monitoring and any follow- panying the Further Consolidated Appropria- forming and updating clinical practice guide- ups disaggregated by— tions Act, 2020 (Public Law 116–94), as part of lines of the Department of Veterans Affairs. (A) all demographic characteristics as de- current and additional research priorities of (d) BRIEFINGS.—The Secretary of Veterans the Department of Veterans Affairs, to Affairs shall brief the Committee on Vet- termined necessary and appropriate by the evaluate the effects of opioids and erans’ Affairs of the Senate and the Com- Secretary in coordination with the Centers benzodiazepine on all-cause mortality of vet- mittee on Veterans’ Affairs of the House of for Disease Control and Prevention; erans, including suicide, regardless of wheth- Representatives containing the interim re- (B) Veterans Integrated Service Network; er information relating to such deaths has sults— and been reported by the Centers for Disease (1) with respect to the study under sub- (C) to the extent practicable, medical cen- Control and Prevention. section (a)(1), not later than 24 months after ter of the Department. (4) A review of staffing levels of suicide (2) GOALS.—In carrying out the collabora- entering into the agreement under such sub- tion and coordination under paragraph (1), section; and prevention coordinators across the Veterans the Secretary shall seek as much as possible (2) with respect to the review under sub- Health Administration. to achieve the same advancement of useful section (b)(1), not later than 18 months after (5) A review of the resources and program- knowledge as the 2019 study design described the date of the enactment of this Act. ming offered to family members and friends in such paragraph. (e) REPORTS.— of veterans who have a mental health condi- (b) REVIEW OF STAFFING LEVELS FOR MEN- (1) REPORT ON STUDY.—Not later than 90 tion in order to assist that veteran in treat- TAL HEALTH PROFESSIONALS.— days after the completion by the Secretary ment and recovery. (1) IN GENERAL.—Not later than 90 days of Veterans Affairs in coordination with the (6) An assessment of such other areas as after the date of the enactment of this Act, National Academies of Sciences, Engineer- the Comptroller General considers appro- the Comptroller General of the United States ing, and Medicine of the study required priate to study. shall conduct a review of the staffing levels under subsection (a)(1), the Secretary shall— TITLE III—PROGRAMS, STUDIES, AND for mental health professionals of the De- (A) submit to the Committee on Veterans’ GUIDELINES ON MENTAL HEALTH partment. Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representa- SEC. 301. STUDY ON CONNECTION BETWEEN LIV- (2) ELEMENTS.—The review required by ING AT HIGH ALTITUDE AND SUI- paragraph (1) shall include a description of tives a report on the results of the study; and CIDE RISK FACTORS AMONG VET- the efforts of the Department to maintain (B) make such report publicly available. ERANS. appropriate staffing levels for mental health (2) REPORT ON REVIEW.—Not later than 90 (a) IN GENERAL.—Not later than 180 days professionals, such as mental health coun- days after the completion by the Comp- after the date of the enactment of this Act, selors, marriage and family therapists, and troller General of the United States of the the Secretary of Veterans Affairs, in con- other appropriate counselors, including the review required under subsection (b)(1), the sultation with Rural Health Resource Cen- following: Comptroller General shall— ters of the Office of Rural Health of the De- (A) A description of any impediments to (A) submit to the Committee on Veterans’ partment of Veterans Affairs, shall com- carry out the education, training, and hiring Affairs of the Senate and the Committee on mence the conduct of a study on the connec- of mental health counselors and marriage Veterans’ Affairs of the House of Representa- tion between living at high altitude and the and family therapists under section 7302(a) of tives a report on the results of the review; risk of developing depression or dying by sui- title 38, United States Code, and strategies and cide among veterans. for addressing those impediments. (B) make such report publicly available. (b) COMPLETION OF STUDY.—The study con- (B) A description of the objectives, goals, SEC. 205. COMPTROLLER GENERAL REPORT ON ducted under subsection (a) shall be com- and timing of the Department with respect MANAGEMENT BY DEPARTMENT OF pleted not later than three years after the VETERANS AFFAIRS OF VETERANS to increasing the representation of such AT HIGH RISK FOR SUICIDE. date of the commencement of the study. counselors and therapists in the behavioral (a) IN GENERAL.—Not later than 18 months (c) INDIVIDUAL IMPACT.—The study con- health workforce of the Department, includ- after the date of the enactment of this Act, ducted under subsection (a) shall be con- ing— the Comptroller General of the United States ducted so as to determine the effect of high (i) a review of qualification criteria for shall submit to the Committee on Veterans’ altitude on suicide risk at the individual such counselors and therapists and a com- Affairs of the Senate and the Committee on level, not at the State or county level. parison of such criteria to that of other be- Veterans’ Affairs of the House of Representa- (d) REPORT.—Not later than 150 days after havioral health professions in the Depart- tives a report on the efforts of the Depart- the completion of the study conducted under ment; and ment of Veterans Affairs to manage veterans subsection (a), the Secretary shall submit to (ii) an assessment of the participation of at high risk for suicide. the Committee on Veterans’ Affairs of the such counselors and therapists in the mental (b) ELEMENTS.—The report required by sub- Senate and the Committee on Veterans’ Af- health professionals trainee program of the section (a) shall include the following: fairs of the House of Representatives a re- Department and any impediments to such (1) A description of how the Department port on the results of the study. participation. identifies patients as high risk for suicide, (e) FOLLOW-UP STUDY.— (C) An assessment of the development by with particular consideration to the efficacy (1) IN GENERAL.—If the Secretary deter- the Department of hiring guidelines for men- of inputs into the Recovery Engagement and mines through the study conducted under tal health counselors, marriage and family Coordination for Health – Veterans En- subsection (a) that living at high altitude is therapists, and other appropriate counselors. hanced Treatment program (commonly re- a risk factor for developing depression or (D) A description of how the Department— ferred to as the ‘‘REACH VET’’ program) of dying by suicide, the Secretary shall conduct (i) identifies gaps in the supply of mental the Department, including an assessment of an additional study to identify the following: health professionals; and the efficacy of such identifications (A) The most likely biological mechanism (ii) determines successful staffing ratios disaggregated by— that makes living at high altitude a risk fac- for mental health professionals of the De- (A) all demographic characteristics as de- tor for developing depression or dying by sui- partment. termined necessary and appropriate by the cide.

VerDate Sep 11 2014 06:01 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A23SE7.007 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4741 (B) The most effective treatment or inter- (H) Outdoor sports therapy. clinical practice guideline or guidelines vention for reducing the risk of developing (I) Music therapy. under subsection (a) to be known as the ‘‘Se- depression or dying by suicide associated (J) Any other alternative therapy that the rious Mental Illness Work Group’’ (in this with living at high altitude. Work Group considers appropriate. subsection referred to as the ‘‘Work Group’’). (2) REPORT.—Not later than 150 days after (3) Guidance with respect to the findings of (2) MEMBERSHIP.—The Work Group created completing the study conducted under para- the Creating Options for Veterans’ Expedited under paragraph (1) shall be comprised of in- graph (1), the Secretary shall submit to the Recovery Commission (commonly referred to dividuals that represent Federal Government Committee on Veterans’ Affairs of the Sen- as the ‘‘COVER Commission’’) established entities and non-Federal Government enti- ate and the Committee on Veterans’ Affairs under section 931 of the Jason Simcakoski ties with expertise in the areas covered by of the House of Representatives a report on Memorial and Promise Act (title IX of Pub- the Work Group, including the following en- the results of the study. lic Law 114–198; 38 U.S.C. 1701 note). tities: SEC. 302. ESTABLISHMENT BY DEPARTMENT OF (b) RULE OF CONSTRUCTION.—Nothing in (A) Academic institutions that specialize VETERANS AFFAIRS AND DEPART- this section shall be construed to prevent the in research for the treatment of conditions MENT OF DEFENSE OF A CLINICAL Secretary of Veterans Affairs and the Sec- described in subsection (a). PROVIDER TREATMENT TOOLKIT retary of Defense from considering all rel- (B) The Health Services Research and De- AND ACCOMPANYING TRAINING MA- evant evidence, as appropriate, in updating velopment Service of the Department of Vet- TERIALS FOR COMORBIDITIES. the Department of Veterans Affairs and De- erans Affairs. (a) IN GENERAL.—Not later than two years partment of Defense Clinical Practice Guide- (C) The Office of the Assistant Secretary after the date of the enactment of this Act, line for Assessment and Management of Pa- for Mental Health and Substance Use of the the Secretary of Veterans Affairs, in con- tients at Risk for Suicide, as required under Department of Health and Human Services. sultation with the Secretary of Defense, subsection (a), or from ensuring that the (D) The National Institute of Mental shall develop a clinical provider treatment final clinical practice guidelines updated Health. toolkit and accompanying training mate- under such subsection remain applicable to (E) The Indian Health Service. rials for the evidence-based management of the patient populations of the Department of (F) Relevant organizations with expertise comorbid mental health conditions, co- Veterans Affairs and the Department of De- in researching, diagnosing, or treating condi- morbid mental health and substance use dis- fense. tions described in subsection (a). orders, and a comorbid mental health condi- SEC. 304. ESTABLISHMENT BY DEPARTMENT OF (3) RELATION TO OTHER WORK GROUPS.—The tion and chronic pain. VETERANS AFFAIRS AND DEPART- Work Group shall be created and conducted (b) MATTERS INCLUDED.—In developing the MENT OF DEFENSE OF CLINICAL in the same manner as other work groups for clinical provider treatment toolkit and ac- PRACTICE GUIDELINES FOR THE the development of clinical practice guide- companying training materials under sub- TREATMENT OF SERIOUS MENTAL lines for the Department of Veterans Affairs section (a), the Secretary of Veterans Affairs ILLNESS. and the Department of Defense. and the Secretary of Defense shall ensure (a) IN GENERAL.—Not later than two years (e) RULE OF CONSTRUCTION.—Nothing in after the date of the enactment of this Act, that the toolkit and training materials in- this section shall be construed to prevent the the Secretary of Veterans Affairs, in conclude guidance with respect to the following: Secretary of Veterans Affairs and the Sec- sultation with the Secretary of Defense and (1) The treatment of patients with post- retary of Defense from considering all rel- the Secretary of Health and Human Services, traumatic stress disorder who are also expe- evant evidence, as appropriate, in creating shall complete the development of a clinical riencing an additional mental health condi- the clinical practice guideline or guidelines practice guideline or guidelines for the treat- tion, a substance use disorder, or chronic required under subsection (a) or from ensur- ment of serious mental illness, to include the pain. ing that the final clinical practice guideline following conditions: (2) The treatment of patients experiencing or guidelines developed under such sub- (1) Schizophrenia. a mental health condition, including anx- section and subsequently updated, as appro- (2) Schizoaffective disorder. iety, depression, or bipolar disorder, who are priate, remain applicable to the patient pop- (3) Persistent mood disorder, including bi- also experiencing a substance use disorder or ulations of the Department of Veterans Af- polar disorder I and II. chronic pain. fairs and the Department of Defense. (3) The treatment of patients with trau- (4) Any other mental, behavioral, or emotional disorder resulting in serious func- SEC. 305. PRECISION MEDICINE INITIATIVE OF matic brain injury who are also experi- DEPARTMENT OF VETERANS AF- encing— tional impairment that substantially inter- FAIRS TO IDENTIFY AND VALIDATE (A) a mental health condition, including feres with major life activities as the Sec- BRAIN AND MENTAL HEALTH BIO- post-traumatic stress disorder, anxiety, de- retary of Veterans Affairs, in consultation MARKERS. pression, or bipolar disorder; with the Secretary of Defense and the Sec- (a) IN GENERAL.—Beginning not later than (B) a substance use disorder; or retary of Health and Human Services, con- 18 months after the date of the enactment of (C) chronic pain. siders appropriate. this Act, the Secretary of Veterans Affairs SEC. 303. UPDATE OF CLINICAL PRACTICE (b) MATTERS INCLUDED IN GUIDELINES.—The shall develop and implement an initiative of GUIDELINES FOR ASSESSMENT AND clinical practice guideline or guidelines de- the Department of Veterans Affairs to iden- MANAGEMENT OF PATIENTS AT RISK veloped under subsection (a) shall include tify and validate brain and mental health FOR SUICIDE. the following: biomarkers among veterans, with specific (a) IN GENERAL.—In the first publication of (1) Guidance contained in the 2016 Clinical consideration for depression, anxiety, post- the Department of Veterans Affairs and De- Practice Guidelines for the Management of traumatic stress disorder, bipolar disorder, partment of Defense Clinical Practice Guide- Major Depressive Disorders of the Depart- traumatic brain injury, and such other men- line for Assessment and Management of Pa- ment of Veterans Affairs and the Depart- tal health conditions as the Secretary con- tients at Risk for Suicide published after the ment of Defense. siders appropriate. Such initiative may be date of the enactment of this Act, the Sec- (2) Guidance with respect to the treatment referred to as the ‘‘Precision Medicine for retary of Veterans Affairs and the Secretary of patients with a condition described in sub- Veterans Initiative’’. of Defense, through the Assessment and section (a). (b) MODEL OF INITIATIVE.—The initiative Management of Patients at Risk for Suicide (3) A list of evidence-based therapies for under subsection (a) shall be modeled on the Work Group (in this section referred to as the treatment of conditions described in sub- All of Us Precision Medicine Initiative ad- the ‘‘Work Group’’), shall ensure the publica- section (a). ministered by the National Institutes of tion includes the following: (4) An appropriate guideline for the admin- Health with respect to large-scale collection (1) Enhanced guidance with respect to gen- istration of pharmacological therapy, psy- of standardized data and open data sharing. der-specific— chological or behavioral therapy, or other (c) METHODS.—The initiative under sub- (A) risk factors for suicide and suicidal ide- therapy for the management of conditions section (a) shall include brain structure and ation; described in subsection (a). function measurements, such as functional (B) treatment efficacy for depression and (c) ASSESSMENT OF EXISTING GUIDELINES.— magnetic resonance imaging and electro- suicide prevention; Not later than two years after the date of encephalogram, and shall coordinate with (C) pharmacotherapy efficacy; and the enactment of this Act, the Secretary of additional biological methods of analysis (D) psychotherapy efficacy. Veterans Affairs, in consultation with the utilized in the Million Veterans Program of (2) Guidance with respect to the efficacy of Secretary of Defense and the Secretary of the Department of Veterans Affairs. alternative therapies, other than psycho- Health and Human Services, shall complete (d) USE OF DATA.— therapy and pharmacotherapy, including the an assessment of the 2016 Clinical Practice (1) PRIVACY AND SECURITY.—In carrying out following: Guidelines for the Management of Major De- the initiative under subsection (a), the Sec- (A) Yoga therapy. pressive Disorders to determine whether an retary shall develop robust data privacy and (B) Meditation therapy. update to such guidelines is necessary. security measures, consistent with section (C) Equine therapy. (d) WORK GROUP.— 552a of title 5, United States Code (com- (D) Other animal therapy. (1) ESTABLISHMENT.—The Secretary of Vet- monly known as the ‘‘Privacy Act of 1974’’), (E) Training and caring for service dogs. erans Affairs, the Secretary of Defense, and and regulations promulgated pursuant to the (F) Agritherapy. the Secretary of Health and Human Services Health Insurance Portability and Account- (G) Art therapy. shall create a work group to develop the ability Act of 1996 (parts 160, 162, and 164 of

VerDate Sep 11 2014 06:01 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A23SE7.007 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4742 CONGRESSIONAL RECORD — HOUSE September 23, 2020 title 45, Code of Federal Regulations, or suc- ‘‘§ 119. Contracting for statistical analyses section (b), the Secretary shall submit to the cessor regulations) to ensure that informa- and data evaluation Committee on Veterans’ Affairs of the Sen- tion of veterans participating in the initia- ‘‘(a) IN GENERAL.—The Secretary may ate and the Committee on Veterans’ Affairs tive is kept private and secure. enter into a contract or other agreement of the House of Representatives a report on (2) CONSULTATION WITH THE NATIONAL INSTI- with an academic institution or other quali- the findings of the focus groups. TUTES OF SCIENCE AND TECHNOLOGY.—The Sec- fied entity, as determined by the Secretary, (2) ELEMENTS.—The report required by retary may consult with the National Insti- to carry out statistical analyses and data paragraph (1) shall include the following: tute of Science and Technology in devel- evaluation as required of the Secretary by (A) Based on the findings of the focus oping the data privacy and security meas- law.’’. groups, an assessment of the effectiveness of ures described in paragraph (1). ‘‘(b) RULE OF CONSTRUCTION.—Nothing in current suicide prevention and mental (3) ACCESS STANDARDS.—The Secretary this section may be construed to limit the health materials and campaigns of the De- shall provide access to information under the authority of the Secretary to enter into con- partment in reaching veterans as a whole as initiative consistent with the standards de- tracts or other agreements for statistical well as specific groups of veterans (for exam- scribed in section 552a(d)(1) of title 5, United analyses and data evaluation under any ple, women veterans). States Code, and section 164.524 of title 45, other provision of law.’’. (B) Based on the findings of the focus Code of Federal Regulations, or successor (b) CLERICAL AMENDMENT.—The table of groups, recommendations for future suicide regulations. sections at the beginning of chapter 1 of such prevention and mental health materials and title is amended by adding at the end the fol- (4) OPEN PLATFORM.— campaigns of the Department to target spe- lowing new item: (A) AVAILABILITY OF DATA.—The Secretary cific groups of veterans. shall make de-identified data collected under ‘‘119. Contracting for statistical analyses and (C) A plan to change the current suicide the initiative available for research purposes data evaluation.’’. prevention and mental health materials and to Federal agencies. TITLE IV—OVERSIGHT OF MENTAL campaigns of the Department or, if the Sec- (B) CONTRACT.—The Secretary shall con- HEALTH CARE AND RELATED SERVICES retary decides not to change the current ma- tract with nongovernment entities that com- SEC. 401. STUDY ON EFFECTIVENESS OF SUICIDE terials and campaigns, an explanation of the ply with requisite data security measures to PREVENTION AND MENTAL HEALTH reason for maintaining the current materials make available for research purposes de- OUTREACH PROGRAMS OF DEPART- and campaigns. identified data collected under the initiative. MENT OF VETERANS AFFAIRS. (D) A description of any dissenting or op- (C) ASSISTANCE.—The Secretary shall pro- (a) IN GENERAL.—Not later than 180 days posing viewpoints raised by participants in vide assistance to a Federal agency con- after the date of the enactment of this Act, the focus group. ducting research using data collected under the Secretary of Veterans Affairs shall enter (E) Such other issues as the Secretary con- the initiative at the request of that agency. into an agreement with a non-Federal Gov- siders necessary. ernment entity with expertise in conducting (d) REPRESENTATIVE SURVEY.— (D) PROHIBITION ON TRANSFER OF DATA.— (1) IN GENERAL.—Not later than one year Federal agencies may not disclose, transmit, and evaluating research-based studies to conduct a study on the effectiveness of the after the last focus group meeting under sub- share, sell, license, or otherwise transfer suicide prevention and mental health out- section (b), the Secretary shall complete a data collected under the initiative to any reach materials prepared by the Department representative survey of the veteran popu- nongovernment entity other than as allowed of Veterans Affairs and the suicide preven- lation that is informed by the focus group under subparagraph (B). tion and mental health outreach campaigns data in order to collect information about (5) STANDARDIZATION.— conducted by the Department. the effectiveness of the mental health and (A) IN GENERAL.—The Secretary shall en- (b) USE OF FOCUS GROUPS.— suicide prevention materials and campaigns sure that data collected under the initiative (1) IN GENERAL.—The Secretary shall con- conducted by the Department. is standardized. vene not fewer than eight different focus (2) VETERANS SURVEYED.— (B) CONSULTATION.—The Secretary shall groups to evaluate the effectiveness of the (A) IN GENERAL.—Veterans surveyed under consult with the National Institutes of suicide prevention and mental health mate- paragraph (1) shall include veterans de- Health and the Food and Drug Administra- rials and campaigns as required under sub- scribed in subsection (b)(5). tion to determine the most effective, effi- section (a). (B) DISAGGREGATION OF DATA.—Data of vet- cient, and cost-effective way of standard- (2) LOCATION OF FOCUS GROUPS.—Focus erans surveyed under paragraph (1) shall be izing data collected under the initiative. groups convened under paragraph (1) shall be disaggregated by— (C) MANNER OF STANDARDIZATION.—In con- held in geographically diverse areas as fol- (i) veterans who have received care from sultation with the National Institute for lows: the Department during the two-year period Science and Technology, data collected (A) Not fewer than two in rural or highly preceding the survey; and under the initiative shall be standardized in rural areas. (ii) veterans who have not received care the manner in which it is collected, entered (B) Not fewer than one in each of the four from the Department during the two-year into the database, extracted, and recorded. districts of the Veterans Benefits Adminis- period preceding the survey. (6) MEASURES OF BRAIN FUNCTION OR STRUC- tration. (e) TREATMENT OF CONTRACTS FOR SUICIDE TURE.—Any measures of brain function or (3) TIMING OF FOCUS GROUPS.—Focus groups PREVENTION AND MENTAL HEALTH OUTREACH structure collected under the initiative shall convened under paragraph (1) shall be held at MEDIA.— be collected with a device that is approved a variety of dates and times to ensure an (1) FOCUS GROUPS.— by the Food and Drug Administration. adequate representation of veterans with dif- (A) IN GENERAL.—The Secretary shall in- (7) DE-IDENTIFIED DATA DEFINED.—In this ferent work schedules. clude in each contract to develop media re- subsection, the term ‘‘de-identified data’’ (4) NUMBER OF PARTICIPANTS.—Each focus lating to suicide prevention and mental means, with respect to data held by the De- group convened under paragraph (1) shall in- health materials and campaigns a require- partment of Veterans Affairs, that the De- clude not fewer than five and not more than ment that the contractor convene focus partment— 12 participants. groups of veterans to assess the effectiveness (A) alters, anonymizes, or aggregates the (5) REPRESENTATION.—Each focus group of suicide prevention and mental health out- data so that there is a reasonable basis for convened under paragraph (1) shall, to the reach. expecting that the data could not be linked extent practicable, include veterans of di- (B) REPRESENTATION.—Each focus group re- as a practical matter to a specific individual; verse backgrounds, including— quired under subparagraph (A) shall, to the (B) publicly commits to refrain from at- (A) veterans of all eras, as determined by extent practicable, include veterans of di- tempting to re-identify the data with a spe- the Secretary; verse backgrounds, including— cific individual, and adopts controls to pre- (B) women veterans; (i) veterans of all eras, as determined by vent such identification; and (C) minority veterans; the Secretary; (C) causes the data to be covered by a con- (D) Native American veterans, as defined (ii) women veterans; tractual or other legally enforceable prohibi- in section 3765 of title 38, United States (iii) minority veterans; tion on each entity to which the Department Code; (iv) Native American veterans, as defined discloses the data from attempting to use (E) veterans who identify as lesbian, gay, in section 3765 of title 38, United States the data to identify a specific individual and bisexual, transgender, or queer (commonly Code; requires the same of all onward disclosures. referred to as ‘‘LGBTQ’’); (v) veterans who identify as lesbian, gay, (e) INCLUSION OF INITIATIVE IN PROGRAM.— (F) veterans who live in rural or highly bisexual, transgender, or queer (commonly The Secretary shall coordinate efforts of the rural areas; referred to as ‘‘LGBTQ’’); initiative under subsection (a) with the Mil- (G) individuals transitioning from active (vi) veterans who live in rural or highly lion Veterans Program of the Department. duty in the Armed Forces to civilian life; rural areas; SEC. 306. STATISTICAL ANALYSES AND DATA and (vii) individuals transitioning from active EVALUATION BY DEPARTMENT OF (H) other high-risk groups of veterans, as duty in the Armed Forces to civilian life; VETERANS AFFAIRS. determined by the Secretary. and (a) IN GENERAL.—Chapter 1 of title 38, (c) REPORT.— (viii) other high-risk groups of veterans, as United States Code, is amended by adding at (1) IN GENERAL.—Not later than 90 days determined by the Secretary. the end the following new section: after the last focus group meeting under sub- (2) SUBCONTRACTING.—

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(A) IN GENERAL.—The Secretary shall in- mittee on Veterans’ Affairs of the Senate (8) An assessment of strategic planning clude in each contract described in para- and the Committee on Veterans’ Affairs of conducted by the Office of Mental Health and graph (1)(A) a requirement that, if the con- the House of Representatives a report detail- Suicide Prevention. tractor subcontracts for the development of ing the goals established under paragraph (1) (9) An assessment of the communication, media, the contractor shall subcontract with for the mental health and suicide prevention and the effectiveness of such communica- a subcontractor that has experience creating media outreach campaigns of the Depart- tion— impactful media campaigns that target indi- ment, including the metrics and targets for (A) within the central office of the Office viduals age 18 to 34. such metrics by which those goals are to be of Mental Health and Suicide Prevention; (B) BUDGET LIMITATION.—Not more than measured under paragraphs (2) and (3). (B) between that central office and any two percent of the budget of the Office of (6) ANNUAL REPORT.—Not later than one staff member or office in the field, including Mental Health and Suicide Prevention of the year after the submittal of the report under chaplains, attorneys, law enforcement per- Department for contractors for suicide pre- paragraph (5), and annually thereafter, the sonnel, and volunteers; and vention and mental health media outreach Secretary shall submit to the Committee on (C) between that central office, local facili- shall go to subcontractors described in sub- Veterans’ Affairs of the Senate and the Com- ties of the Department, and community part- paragraph (A). mittee on Veterans’ Affairs of the House of ners of the Department, including first re- (f) PAPERWORK REDUCTION ACT EXEMP- Representatives a report detailing— sponders, community support groups, and TION.—Chapter 35 of title 44, United States (A) the progress of the Department in health care industry partners. Code (commonly known as the ‘‘Paperwork meeting the goals established under para- (10) An assessment of how effectively the Reduction Act’’) shall not apply to any rule- graph (1) and the targets established under Office of Mental Health and Suicide Preven- making or information collection required paragraph (3); and tion implements operational policies and under this section. (B) a description of action to be taken by procedures. (g) RURAL AND HIGHLY RURAL DEFINED.—In the Department to modify mental health and (11) An assessment of how the Department this section, with respect to an area, the suicide prevention media outreach cam- of Veterans Affairs and the Department of terms ‘‘rural’’ and ‘‘highly rural’’ have the paigns if those goals and targets are not Defense coordinate suicide prevention ef- meanings given those terms in the Rural- being met. forts, and recommendations on how the De- Urban Commuting Areas coding system of (b) REPORT ON USE OF FUNDS BY OFFICE OF partment of Veterans Affairs and Depart- the Department of Agriculture. MENTAL HEALTH AND SUICIDE PREVENTION.— ment of Defense can more effectively coordi- SEC. 402. OVERSIGHT OF MENTAL HEALTH AND nate those efforts. SUICIDE PREVENTION MEDIA OUT- Not later than 180 days after the date of the enactment of this Act, and semiannually (12) An assessment of such other areas as REACH CONDUCTED BY DEPART- the Comptroller General considers appro- MENT OF VETERANS AFFAIRS. thereafter, the Secretary shall submit to the priate to study. (a) ESTABLISHMENT OF GOALS.— Committee on Appropriations and the Com- SEC. 404. COMPTROLLER GENERAL REPORT ON (1) IN GENERAL.—The Secretary of Veterans mittee on Veterans’ Affairs of the Senate and the Committee on Appropriations and EFFORTS OF DEPARTMENT OF VET- Affairs shall establish goals for the mental ERANS AFFAIRS TO INTEGRATE health and suicide prevention media out- the Committee on Veterans’ Affairs of the MENTAL HEALTH CARE INTO PRI- reach campaigns of the Department of Vet- House of Representatives a report containing MARY CARE CLINICS. erans Affairs, which shall include the estab- the expenditures and obligations of the Of- (a) INITIAL REPORT.— lishment of targets, metrics, and action fice of Mental Health and Suicide Prevention (1) IN GENERAL.—Not later than two years plans to describe and assess those cam- of the Veterans Health Administration dur- after the date of the enactment of this Act, paigns. ing the period covered by the report. the Comptroller General of the United States (2) USE OF METRICS.— SEC. 403. COMPTROLLER GENERAL MANAGE- shall submit to the Committee on Veterans’ (A) IN GENERAL.—The goals established MENT REVIEW OF MENTAL HEALTH Affairs of the Senate and the Committee on under paragraph (1) shall be measured by AND SUICIDE PREVENTION SERV- Veterans’ Affairs of the House of Representa- metrics specific to different media types. ICES OF DEPARTMENT OF VET- tives a report on the efforts of the Depart- (B) FACTORS TO CONSIDER.—In using ERANS AFFAIRS. ment of Veterans Affairs to integrate mental metrics under subparagraph (A), the Sec- (a) IN GENERAL.—Not later than three health care into primary care clinics of the retary shall determine the best methodo- years after the date of the enactment of this Department. logical approach for each media type and Act, the Comptroller General of the United (2) ELEMENTS.—The report required by sub- shall consider the following: States shall submit to the Committee on section (a) shall include the following: (i) Metrics relating to social media, which Veterans’ Affairs of the Senate and the Com- (A) An assessment of the efforts of the De- may include the following: mittee on Veterans’ Affairs of the House of partment to integrate mental health care (I) Impressions. Representatives a management review of the into primary care clinics of the Department. (II) Reach. mental health and suicide prevention serv- (B) An assessment of the effectiveness of (III) Engagement rate. ices provided by the Department of Veterans such efforts. (IV) Such other metrics as the Secretary Affairs. (C) An assessment of how the health care considers necessary. (b) ELEMENTS.—The management review of veterans is impacted by such integration. (ii) Metrics relating to television, which required by subsection (a) shall include the (D) A description of how care is coordi- may include the following: following: nated by the Department between specialty (I) Nielsen ratings. (1) An assessment of the infrastructure mental health care and primary care, includ- (II) Such other metrics as the Secretary under the control of or available to the Of- ing a description of the following: considers necessary. fice of Mental Health and Suicide Prevention (i) How documents and patient information (iii) Metrics relating to email, which may of the Department of Veterans Affairs or are transferred and the effectiveness of those include the following: available to the Department of Veterans Af- transfers. (I) Open rate. fairs for suicide prevention efforts not oper- (ii) How care is coordinated when veterans (II) Response rate. ated by the Office of Mental Health and Sui- must travel to different facilities of the De- (III) Click rate. cide Prevention. partment. (IV) Such other metrics as the Secretary (2) A description of the management and (iii) How a veteran is reintegrated into pri- considers necessary. organizational structure of the Office of mary care after receiving in-patient mental (C) UPDATE.—The Secretary shall periodi- Mental Health and Suicide Prevention, in- health care. cally update the metrics under subparagraph cluding roles and responsibilities for each (E) An assessment of how the integration (B) as more accurate metrics become avail- position. of mental health care into primary care clin- able. (3) A description of the operational policies ics is implemented at different types of fa- (3) TARGETS.—The Secretary shall estab- and processes of the Office of Mental Health cilities of the Department. lish targets to track the metrics used under and Suicide Prevention. (F) Such recommendations on how the De- paragraph (2). (4) An assessment of suicide prevention partment can better integrate mental health (4) CONSULTATION.—In establishing goals practices and initiatives available from the care into primary care clinics as the Comp- under paragraph (1), the Secretary shall con- Department and through community part- troller General considers appropriate. sult with the following: nerships. (G) An assessment of such other areas as (A) Relevant stakeholders, such as organi- (5) An assessment of the staffing levels at the Comptroller General considers appro- zations that represent veterans, as deter- the Office of Mental Health and Suicide Pre- priate to study. mined by the Secretary. vention, disaggregated by type of position, (b) COMMUNITY CARE INTEGRATION RE- (B) Mental health and suicide prevention and including the location of any staffing de- PORT.— experts. ficiencies. (1) IN GENERAL.—Not later than two years (C) Such other persons as the Secretary (6) An assessment of the Nurse Advice Line after the date on which the Comptroller Gen- considers appropriate. pilot program conducted by the Department. eral submits the report required under sub- (5) INITIAL REPORT.—Not later than 180 (7) An assessment of recruitment initia- section (a)(1), the Comptroller General shall days after the date of the enactment of this tives in rural areas for mental health profes- submit to the Committee on Veterans’ Af- Act, the Secretary shall submit to the Com- sionals of the Department. fairs of the Senate and the Committee on

VerDate Sep 11 2014 06:01 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A23SE7.007 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4744 CONGRESSIONAL RECORD — HOUSE September 23, 2020 Veterans’ Affairs of the House of Representa- housing assistance, and financial literacy Defense Intrepid Spirit Center described in tives a report on the efforts of the Depart- programs. paragraph (1). ment to integrate community-based mental (iv) Research into mental health issues and (B) ELEMENTS.—The alternatives of anal- health care into the Veterans Health Admin- conditions, to include post-traumatic stress ysis required under subparagraph (A) with istration. disorder, depression, anxiety, bipolar dis- respect to the establishment of the joint De- (2) ELEMENTS.—The report required by order, traumatic brain injury, suicidal idea- partment of Veterans Affairs/Department of paragraph (1) shall include the following: tion, and any other issues or conditions as Defense Intrepid Spirit Center described in (A) An assessment of the efforts of the De- the Secretary of Veterans Affairs considers paragraph (1) shall provide alternatives and partment to integrate community-based necessary. recommendations that consider information mental health care into the Veterans Health (B) A description of mental health pro- including— Administration. grams operated by the Department of De- (i) colocation of the center on an installa- (B) An assessment of the effectiveness of fense, including the following: tion of the Department of Defense or prop- such efforts. (i) Transition assistance programs. erty of a medical center of the Department (C) An assessment of how the health care (ii) Clinical and non-clinical mental health of Veterans Affairs; of veterans is impacted by such integration. initiatives, including the National Intrepid (ii) consideration of a rural or highly rural (D) A description of how care is coordi- Center of Excellence and the Intrepid Spirit area to establish the center that may include nated between providers of community-based Centers. colocation described in clause (i); mental health care and the Veterans Health (iii) Programs that may secondarily im- (iii) geographic distance from existing or Administration, including a description of prove mental health, including employment, planned Intrepid Spirit Centers of the De- how documents and patient information are housing assistance, and financial literacy partment of Defense or other such facilities transferred and the effectiveness of those programs. of the Department of Veterans Affairs or the transfers between— (iv) Research into mental health issues and Department of Defense that furnish care for (i) the Veterans Health Administration and conditions, to include post-traumatic stress post-traumatic stress disorder or traumatic providers of community-based mental health disorder, depression, anxiety, bipolar dis- brain injury; and care; and order, traumatic brain injury, suicidal idea- (iv) the potential role for private entities (ii) providers of community-based mental tion, and any other issues or conditions as and philanthropic organizations in carrying health care and the Veterans Health Admin- the Secretary of Defense considers nec- out the activities of the center. istration. essary. (3) REPORT TO CONGRESS.—Not later than (E) An assessment of any disparities in the (C) A description of mental health pro- 270 days after the date of the enactment of coordination of community-based mental grams jointly operated by the Department of this Act, the Secretary of Veterans Affairs health care into the Veterans Health Admin- Veterans Affairs and the Department of De- shall submit to the Committee on Veterans’ istration by location and type of facility. fense, including the following: Affairs of the Senate and the Committee on (F) An assessment of the military cultural (i) Transition assistance programs. Veterans’ Affairs of the House of Representa- competency of health care providers pro- (ii) Clinical and non-clinical mental health tives a report that includes— viding community-based mental health care initiatives. (A) a summary of the evaluation required to veterans. (iii) Programs that may secondarily im- under paragraph (1); and prove mental health, including employment, (G) Such recommendations on how the De- (B) the alternatives of analysis required housing assistance, and financial literacy partment can better integrate community- under paragraph (2). programs. based mental health care into the Veterans (4) RURAL AND HIGHLY RURAL DEFINED.—In (iv) Research into mental health issues and Health Administration as the Comptroller this subsection, with respect to an area, the conditions, to include post-traumatic stress General considers appropriate. terms ‘‘rural’’ and ‘‘highly rural’’ have the disorder, depression, anxiety, bipolar dis- (H) An assessment of such other areas as meanings given those terms in the Rural- order, traumatic brain injury, suicidal idea- the Comptroller General considers appro- Urban Commuting Areas coding system of tion, and completed suicides, including priate to study. the Department of Agriculture. through the use of the joint suicide data re- (3) COMMUNITY-BASED MENTAL HEALTH CARE pository of the Department of Veterans Af- TITLE V—IMPROVEMENT OF MENTAL DEFINED.—In this subsection, the term ‘‘com- fairs and the Department of Defense, and any HEALTH MEDICAL WORKFORCE munity-based mental health care’’ means other issues or conditions as the Secretary of SEC. 501. STAFFING IMPROVEMENT PLAN FOR mental health care paid for by the Depart- Veterans Affairs and the Secretary of De- MENTAL HEALTH PROVIDERS OF DE- ment but provided by a non-Department fense consider necessary. PARTMENT OF VETERANS AFFAIRS. health care provider at a non-Department fa- (D) Recommendations for coordinating (a) STAFFING PLAN.— cility, including care furnished under section mental health programs of the Department (1) IN GENERAL.—Not later than one year 1703 of title 38, United States Code (as in ef- of Veterans Affairs and the Department of after the date of the enactment of this Act, fect on the date specified in section 101(b) of Defense to improve the effectiveness of those the Secretary of Veterans Affairs, in con- the Caring for Our Veterans Act of 2018 (title programs. sultation with the Inspector General of the I of Public Law 115–182)). (E) Recommendations for novel joint pro- Department of Veterans Affairs, shall submit SEC. 405. JOINT MENTAL HEALTH PROGRAMS BY gramming of the Department of Veterans Af- to the Committee on Veterans’ Affairs of the DEPARTMENT OF VETERANS AF- fairs and the Department of Defense to im- Senate and the Committee on Veterans’ Af- FAIRS AND DEPARTMENT OF DE- prove the mental health of members of the fairs of the House of Representatives a plan FENSE. Armed Forces and veterans. to address staffing of mental health pro- (a) REPORT ON MENTAL HEALTH PRO- (b) EVALUATION OF COLLABORATIVE EFFORTS viders of the Department of Veterans Affairs, GRAMS.— OF DEPARTMENT OF VETERANS AFFAIRS AND including filling any open positions. (1) IN GENERAL.—Not later than one year DEPARTMENT OF DEFENSE AND ALTERNATIVES (2) ELEMENTS.—The plan required by para- after the date of the enactment of this Act, OF ANALYSIS TO ESTABLISH A JOINT VA/DOD graph (1) shall include the following: and annually thereafter, the Secretary of INTREPID SPIRIT CENTER.— (A) An estimate of the number of positions Veterans Affairs and the Secretary of De- (1) IN GENERAL.—The Secretary of Veterans for mental health providers of the Depart- fense shall submit to the Committee on Vet- Affairs, in coordination with the Secretary ment that need to be filled to meet demand. erans’ Affairs and the Committee on Armed of Defense, shall evaluate the current ongo- (B) An identification of the steps that the Services of the Senate and the Committee on ing collaborative efforts of the Department Secretary will take to address mental health Veterans’ Affairs and the Committee on of Veterans Affairs and the Department of staffing for the Department. Armed Services of the House of Representa- Defense related to post-traumatic stress dis- (C) A description of any region-specific hir- tives a report on mental health programs of order and traumatic brain injury care, re- ing incentives to be used by the Secretary in the Department of Veterans Affairs and the search, and education to improve the quality consultation with the directors of Veterans Department of Defense and joint programs of of and access to such care and seek potential Integrated Service Networks and medical the Departments. new collaborative efforts to improve and ex- centers of the Department. (2) ELEMENTS.—The report required by pand such care for veterans and members of (D) A description of any local retention or paragraph (1) shall include the following: the Armed Forces in a joint Department of engagement incentives to be used by direc- (A) A description of mental health pro- Veterans Affairs/Department of Defense In- tors of Veterans Integrated Service Net- grams operated by the Department of Vet- trepid Spirit Center that serves active duty works. erans Affairs, including the following: members of the Armed Forces, members of (E) Such recommendations for legislative (i) Transition assistance programs. the reserve components of the Armed Forces, or administrative action as the Secretary (ii) Clinical and non-clinical mental health and veterans for mutual benefit and growth considers necessary to aid in addressing initiatives, including centers of excellence of in treatment and care. mental health staffing for the Department. the Department of Veterans Affairs for trau- (2) ALTERNATIVES OF ANALYSIS.— (3) REPORT.—Not later than one year after matic brain injury and post-traumatic stress (A) IN GENERAL.—The evaluation required the submittal of the plan required by para- disorder. under paragraph (1) shall include an alter- graph (1), the Secretary shall submit to the (iii) Programs that may secondarily im- natives of analysis to establish the joint De- Committee on Veterans’ Affairs of the Sen- prove mental health, including employment, partment of Veterans Affairs/Department of ate and the Committee on Veterans’ Affairs

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of the House of Representatives a report set- ‘‘(d) VET CENTER DEFINED.—In this section, under subsection (c) if the participant fails ting forth the number of mental health pro- the term ‘Vet Center’ has the meaning given to maintain employment as a Department viders hired by the Department during the that term in section 1712A(h) of this title. employee due to a staffing adjustment. one-year period preceding the submittal of ‘‘§ 7699A. Obligated service ‘‘(e) PERIOD FOR PAYMENT OF DAMAGES.— the report. Any amount of damages that the United ‘‘(a) IN GENERAL.—Each participant in the (b) OCCUPATIONAL SERIES FOR CERTAIN States is entitled to recover under this sec- Program shall provide service as a full-time MENTAL HEALTH PROVIDERS.—Not later than tion shall be paid to the United States with- employee of the Department at a Vet Center one year after the date of the enactment of in the one-year period beginning on the date (as defined in section 7699(d) of this title) for this Act, the Secretary of Veterans Affairs, of the breach of the agreement.’’. the period of obligated service set forth in in consultation with the Office of Personnel (b) CONFORMING AND TECHNICAL AMEND- the agreement of the participant entered Management, shall develop an occupational MENTS.— into under section 7604 of this title. series for licensed professional mental health (1) CONFORMING AMENDMENTS.— ‘‘(b) DETERMINATION OF SERVICE COMMENCE- counselors and marriage and family thera- (A) ESTABLISHMENT OF PROGRAM.—Section MENT DATE.—(1) Not later than 60 days be- 7601(a) of such title is amended— pists of the Department of Veterans Affairs. fore the service commencement date of a (i) in paragraph (5), by striking ‘‘and’’; SEC. 502. ESTABLISHMENT OF DEPARTMENT OF participant, the Secretary shall notify the (ii) in paragraph (6), by striking the period VETERANS AFFAIRS READJUSTMENT participant of that service commencement COUNSELING SERVICE SCHOLAR- and inserting ‘‘; and’’; and date. SHIP PROGRAM. (iii) by adding at the end the following new ‘‘(2) The date specified in paragraph (1) (a) IN GENERAL.—Chapter 76 of title 38, paragraph: with respect to a participant is the date for United States Code, is amended by inserting ‘‘(7) the readjustment counseling service the beginning of the period of obligated serv- after subchapter VIII the following new sub- scholarship program provided for in sub- ice of the participant. chapter: chapter IX of this chapter.’’. ‘‘SUBCHAPTER IX—READJUSTMENT ‘‘§ 7699B. Breach of agreement: liability (B) ELIGIBILITY.—Section 7602 of such title COUNSELING SERVICE SCHOLARSHIP ‘‘(a) LIQUIDATED DAMAGES.—(1) A partici- is amended— PROGRAM pant in the Program (other than a partici- (i) in subsection (a)(1)— ‘‘§ 7698. Requirement for program pant described in subsection (b)) who fails to (I) by striking ‘‘or VI’’ and inserting ‘‘VI, accept payment, or instructs the educational ‘‘As part of the Educational Assistance or IX’’; and institution in which the participant is en- Program, the Secretary shall carry out a (II) by striking ‘‘subchapter VI’’ and in- rolled not to accept payment, in whole or in scholarship program under this subchapter. serting ‘‘subchapter VI or IX’’; and part, of a scholarship under the agreement The program shall be known as the Depart- (ii) in subsection (b), by striking ‘‘or VI’’ entered into under section 7604 of this title ment of Veterans Affairs Readjustment and inserting ‘‘VI, or IX’’. shall be liable to the United States for liq- Counseling Service Scholarship Program (in (C) APPLICATION.—Section 7603(a)(1) of such uidated damages in the amount of $1,500. this subchapter referred to as the ‘Pro- title is amended by striking ‘‘or VIII’’ and ‘‘(2) Liability under paragraph (1) is in ad- gram’). inserting ‘‘VIII, or IX’’. dition to any period of obligated service or (D) TERMS OF AGREEMENT.—Section 7604 of ‘‘§ 7699. Eligibility; agreement other obligation or liability under such such title is amended by striking ‘‘or VIII’’ ‘‘(a) IN GENERAL.—An individual is eligible agreement. each place it appears and inserting ‘‘VIII, or to participate in the Program, as determined ‘‘(b) LIABILITY DURING PROGRAM OF IX’’. by the Readjustment Counseling Service of STUDY.—(1) Except as provided in subsection (E) ANNUAL REPORT.—Section 7632 of such the Department, if the individual— (d), a participant in the Program shall be lia- title is amended— ‘‘(1) is accepted for enrollment or enrolled ble to the United States for the amount (i) in paragraph (1), by striking ‘‘and the (as described in section 7602 of this title) in which has been paid to or on behalf of the Specialty Education Loan Repayment Pro- a program of study at an accredited edu- participant under the agreement if any of gram’’ and inserting ‘‘the Specialty Edu- cational institution, school, or training pro- the following occurs: cation Loan Repayment Program, and the gram leading to a terminal degree in psy- ‘‘(A) The participant fails to maintain an Readjustment Counseling Service Scholar- chology, social work, marriage and family acceptable level of academic standing in the ship Program’’; and therapy, or mental health counseling that educational institution in which the partici- (ii) in paragraph (4), by striking ‘‘and per would meet the education requirements for pant is enrolled (as determined by the edu- participant in the Specialty Education Loan appointment to a position under section cational institution under regulations pre- Repayment Program’’ and inserting ‘‘per 7402(b) of this title; and scribed by the Secretary). participant in the Specialty Education Loan ‘‘(2) enters into an agreement with the Sec- ‘‘(B) The participant is dismissed from Repayment Program, and per participant in retary under subsection (c). such educational institution for disciplinary the Readjustment Counseling Service Schol- ‘‘(b) PRIORITY.—In selecting individuals to reasons. arship Program’’. participate in the Program, the Secretary ‘‘(C) The participant voluntarily termi- (2) TABLE OF SECTIONS.—The table of sec- shall give priority to the following individ- nates the program of study in such edu- tions at the beginning of chapter 76 of such uals: cational institution before the completion of title is amended by inserting after the items ‘‘(1) An individual who agrees to be em- such program of study. relating to subchapter VIII the following: ployed by a Vet Center located in a commu- ‘‘(2) Liability under this subsection is in ‘‘SUBCHAPTER IX—READJUSTMENT COUNSELING nity that is— lieu of any service obligation arising under SERVICE SCHOLARSHIP PROGRAM ‘‘(A) designated as a medically underserved the agreement. population under section 330(b)(3) of the Pub- ‘‘(c) LIABILITY DURING PERIOD OF OBLI- ‘‘Sec. ‘‘7698. Requirement for program. lic Health Service Act (42 U.S.C. 254b(b)(3)); GATED SERVICE.—(1) Except as provided in ‘‘7699. Eligibility; agreement. and subsection (d), if a participant in the Pro- ‘‘7699A. Obligated service. ‘‘(B) in a State with a per capita popu- gram does not complete the period of obli- ‘‘7699B. Breach of agreement: liability.’’. lation of veterans of more than five percent gated service of the participant, the United (c) EFFECTIVE DATE.—The Secretary of according to the National Center for Vet- States shall be entitled to recover from the Veterans Affairs shall begin awarding schol- erans Analysis and Statistics and the Bureau participant an amount determined in accord- arships under subchapter IX of chapter 76 of of the Census. ance with the following formula: A = 3Φ(t¥s/ title 38, United States Code, as added by sub- ‘‘(2) An individual who is a veteran. t). section (a), for programs of study beginning ‘‘(c) AGREEMENT.—An agreement between ‘‘(2) In the formula in paragraph (1): not later than one year after the date of the the Secretary and a participant in the Pro- ‘‘(A) ‘A’ is the amount the United States is enactment of this Act. gram shall (in addition to the requirements entitled to recover. Φ SEC. 503. COMPTROLLER GENERAL REPORT ON set forth in section 7604 of this title) include ‘‘(B) ‘ ’ is the sum of— READJUSTMENT COUNSELING SERV- the following: ‘‘(i) the amounts paid under this sub- ICE OF DEPARTMENT OF VETERANS ‘‘(1) An agreement by the Secretary to pro- chapter to or on behalf of the participant; AFFAIRS. vide the participant with a scholarship under and (a) IN GENERAL.—Not later than one year the Program for a specified number of school ‘‘(ii) the interest on such amounts which after the date of the enactment of this Act, years during which the participant pursues a would be payable if at the time the amounts the Comptroller General of the United States program of study described in subsection were paid they were loans bearing interest at shall submit to the Committee on Veterans’ (a)(1) that meets the requirements set forth the maximum legal prevailing rate, as deter- Affairs of the Senate and the Committee on in section 7602(a) of this title. mined by the Treasurer of the United States. Veterans’ Affairs of the House of Representa- ‘‘(2) An agreement by the participant to ‘‘(C) ‘t’ is the total number of months in tives a report on the Readjustment Coun- serve as a full-time employee of the Depart- the period of obligated service of the partici- seling Service of the Department of Veterans ment at a Vet Center for a six-year period pant. Affairs. following the completion by the participant ‘‘(D) ‘s’ is the number of months of such pe- (b) ELEMENTS.—The report required by sub- of such program of study (in this subchapter riod served by the participant. section (a) shall include the following: referred to as the ‘period of obligated serv- ‘‘(d) LIMITATION ON LIABILITY FOR REDUC- (1) An assessment of the adequacy and ice’). TIONS-IN-FORCE.—Liability shall not arise types of treatment, counseling, and other

VerDate Sep 11 2014 06:01 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A23SE7.007 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4746 CONGRESSIONAL RECORD — HOUSE September 23, 2020 services provided at Vet Centers, including the Secretary of Veterans Affairs shall con- supervisory oversight and responsibility over recommendations on whether and how such duct a survey on the attitudes of eligible vet- the suicide prevention coordinator program treatment, counseling, and other services erans toward the Department of Veterans Af- office. can be expanded. fairs offering appointments outside the usual (c) REPORT.—Not later than 90 days after (2) An assessment of the efficacy of out- operating hours of facilities of the Depart- the completion of the study under subsection reach efforts by the Readjustment Coun- ment, including through the use of tele- (b), the Secretary shall submit to the Com- seling Service, including recommendations health appointments. mittee on Veterans’ Affairs of the Senate for how outreach efforts can be improved. (2) ELIGIBLE VETERAN DEFINED.—In this and the Committee on Veterans’ Affairs of (3) An assessment of barriers to care at Vet subsection, the term ‘‘eligible veteran’’ the House of Representatives a report on Centers, including recommendations for means a veteran who— such study, including the following: overcoming those barriers. (A) is enrolled in the patient enrollment (1) An assessment of the feasibility and ad- (4) An assessment of the efficacy and fre- system of the Department under section visability of creating a suicide prevention quency of the use of telehealth by counselors 1705(a) of title 38, United States Code; and coordinator program office to oversee and of the Readjustment Counseling Service to (B) received health care from the Depart- monitor suicide prevention coordinators and provide mental health services, including ment at least once during the two-year pe- suicide prevention case managers across all recommendations for how the use of tele- riod ending on the date of the commence- medical centers of the Department. health can be improved. ment of the survey under paragraph (1). (2) A review of current staffing ratios for (5) An assessment of the feasibility and ad- (b) CONGRESSIONAL BRIEFING.— suicide prevention coordinators and suicide visability of expanding eligibility for serv- (1) IN GENERAL.—Not later than 270 days prevention case managers in comparison ices from the Readjustment Counseling Serv- after the date of the enactment of this Act, with current staffing ratios for mental ice, including— the Secretary shall brief the Committee on health providers within each medical center (A) recommendations on what eligibility Veterans’ Affairs of the Senate and the Com- of the Department. criteria could be expanded; and mittee on Veterans’ Affairs of the House of (3) A description of the duties and respon- (B) an assessment of potential costs and in- Representatives on the— sibilities for suicide prevention coordinators creased infrastructure requirements if eligi- (A) feasibility and advisability of offering across the Department to better define, de- bility is expanded. appointments outside the usual operating lineate, and standardize qualifications, per- (6) An assessment of the use of Vet Centers hours of facilities of the Department that do formance goals, performance duties, and per- by members of the reserve components of the not offer such appointments; and formance outcomes for suicide prevention Armed Forces who were never activated and (B) effectiveness of offering appointments coordinators and suicide prevention case recommendations on how to better reach outside the usual operating hours of facili- managers. those members. ties of the Department for those facilities SEC. 507. REPORT ON EFFORTS BY DEPARTMENT (7) An assessment of the use of Vet Centers that offer such appointments. OF VETERANS AFFAIRS TO IMPLE- by eligible family members of former mem- MENT SAFETY PLANNING IN EMER- LEMENTS (2) E .—The briefing required by GENCY DEPARTMENTS. bers of the Armed Forces and recommenda- paragraph (1) shall include the following: tions on how to better reach those family (a) FINDINGS.—Congress makes the fol- (A) The findings of the survey conducted lowing findings: members. under subsection (a); (8) An assessment of the efficacy of group (1) The Department of Veterans Affairs (B) Feedback from employees of the Vet- must be more effective in its approach to re- therapy and the level of training of providers erans Health Administration, including clin- at Vet Centers in administering group ther- ducing the burden of veteran suicide con- ical, nonclinical, and support staff, with re- nected to mental health diagnoses, to in- apy. spect to offering appointments outside the (9) An assessment of the efficiency and ef- clude expansion of treatment delivered via usual operating hours of facilities of the De- telehealth methods and in rural areas. fectiveness of the task organization struc- partment, including through the use of tele- ture of Vet Centers. (2) An innovative project, known as Sui- health appointments; and cide Assessment and Follow-up Engagement: (10) An assessment of the use of Vet Cen- (C) Any other matters the Secretary con- ters by Native American veterans, as defined Veteran Emergency Treatment (in this sub- siders relevant to a full understanding of the section referred to as ‘‘SAFE VET’’), was de- in section 3765 of title 38, United States feasibility and advisability of offering ap- Code, and recommendations on how to better signed to help suicidal veterans seen at pointments outside the usual operating emergency departments within the Veterans reach those veterans. hours of facilities of the Department. (c) VET CENTER DEFINED.—In this section, Health Administration and was successfully (c) PAPERWORK REDUCTION ACT EXEMP- the term ‘‘Vet Center’’ has the meaning implemented in five intervention sites begin- TION.—Chapter 35 of title 44, United States given that term in section 1712A(h) of title ning in 2010. 38, United States Code. Code (commonly known as the ‘‘Paperwork (3) A 2018 study found that safety planning Reduction Act’’) shall not apply to any rule- SEC. 504. EXPANSION OF REPORTING REQUIRE- intervention under SAFE VET was associ- MENTS ON READJUSTMENT COUN- making or information collection required ated with 45 percent fewer suicidal behaviors SELING SERVICE OF DEPARTMENT under this section. in the six-month period following emergency OF VETERANS AFFAIRS. SEC. 506. SUICIDE PREVENTION COORDINATORS. department care and more than double the (a) EXPANSION OF ANNUAL REPORT.—Para- (a) STAFFING REQUIREMENT.—Beginning not odds of a veteran engaging in outpatient be- graph (2)(C) of section 7309(e) of title 38, later than one year after the date of the en- havioral health care. United States Code, is amended by inserting actment of this Act, the Secretary of Vet- (4) SAFE VET is a promising alternative before the period at the end the following: ‘‘, erans Affairs shall ensure that each medical and acceptable delivery of care system that including the resources required to meet center of the Department of Veterans Affairs augments the treatment of suicidal veterans such unmet need, such as additional staff, has not less than one suicide prevention coin emergency departments of the Veterans additional locations, additional infrastruc- ordinator. Health Administration and helps ensure that ture, infrastructure improvements, and addi- (b) STUDY ON REORGANIZATION.— those veterans have appropriate follow-up tional mobile Vet Centers’’. (1) IN GENERAL.—Not later than one year care. (b) BIENNIAL REPORT.—Such section is after the date of the enactment of this Act, amended by adding at the end the following (5) Beginning in September 2018, the Vet- the Secretary, in consultation with the Of- new paragraph: erans Health Administration implemented a ‘‘(3) For each even numbered year in which fice of Mental Health and Suicide Prevention suicide prevention program, known as the the report required by paragraph (1) is sub- of the Department, shall commence the con- SPED program, for veterans presenting to mitted, the Secretary shall include in such duct of a study to determine the feasibility the emergency department who are assessed report a prediction of— and advisability of— to be at risk for suicide and are safe to be ‘‘(A) trends in demand for care; (A) the realignment and reorganization of discharged home. ‘‘(B) long-term investments required with suicide prevention coordinators within the (6) The SPED program includes issuance respect to the provision of care; Office of Mental Health and Suicide Preven- and update of a safety plan and post-dis- ‘‘(C) requirements relating to maintenance tion; and charge follow-up outreach for veterans to fa- of infrastructure; and (B) the creation of a suicide prevention co- cilitate engagement in outpatient mental ‘‘(D) other capital investment require- ordinator program office. health care. ments with respect to the Readjustment (2) PROGRAM OFFICE REALIGNMENT.—In con- (b) REPORT.— Counseling Service, including Vet Centers, ducting the study under paragraph (1), the (1) IN GENERAL.—Not later than 180 days mobile Vet Centers, and community access Secretary shall assess the feasibility of ad- after the date of the enactment of this Act, points.’’. visability of, within the suicide prevention the Secretary of Veterans Affairs shall sub- SEC. 505. BRIEFING ON ALTERNATIVE WORK coordinator program office described in para- mit to the appropriate committees of Con- SCHEDULES FOR EMPLOYEES OF graph (1)(B), aligning suicide prevention co- gress a report on the efforts of the Secretary VETERANS HEALTH ADMINISTRA- ordinators and suicide prevention case man- to implement a suicide prevention program TION. agers within the organizational structure for veterans presenting to an emergency de- (a) SURVEY OF VETERANS.— and chart of the Suicide Prevention Program partment or urgent care center of the Vet- (1) IN GENERAL.—Not later than 180 days of the Department, with the Director of the erans Health Administration who are as- after the date of the enactment of this Act, Suicide Prevention program having ultimate sessed to be at risk for suicide and are safe

VerDate Sep 11 2014 06:01 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A23SE7.007 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4747 to be discharged home, including a safety Veterans Health Administration, including in subsection (b) that is published on the plan and post-discharge outreach for vet- by having a dedicated clinician responsible internet website required by subsection (a) is erans to facilitate engagement in outpatient for administration of such program at each updated not less frequently than once every mental health care. medical center. 90 days. (2) ELEMENTS.—The report required by (iii) An analysis of current statutory au- (d) OUTREACH.—In carrying out this sec- paragraph (1) shall include the following: thority and any changes necessary to fully tion, the Secretary shall ensure that the out- (A) An assessment of the implementation implement the SPED program throughout reach conducted under section 1720F(i) of of the current operational policies and proce- the Veterans Health Administration. title 38, United States Code, includes infor- dures of the SPED program at each medical (iv) A timeline for the implementation of mation regarding the internet website re- center of the Department of Veterans Af- the SPED program through the Veterans quired by subsection (a). fairs, including an assessment of the fol- Health Administration once full resourcing (e) DERIVATION OF FUNDS.—Amounts used lowing: and an approved training plan are in place. by the Secretary to carry out this section (i) Training provided to clinicians or other (H) Such other matters as the Secretary shall be derived from amounts made avail- personnel administering protocols under the considers appropriate. able to the Secretary to publish internet (c) DEFINITIONS.—In this section: SPED program. websites of the Department. (ii) Any disparities in implementation of (1) APPROPRIATE COMMITTEES OF CON- such protocols between medical centers. GRESS.—The term ‘‘appropriate committees TITLE VII—OTHER MATTERS (iii) Current criteria used to measure the of Congress’’ means— SEC. 701. EXPANDED TELEHEALTH FROM DE- quality of such protocols including— (A) the Committee on Veterans’ Affairs PARTMENT OF VETERANS AFFAIRS. and the Subcommittee on Military Construc- (I) methodology used to assess the quality (a) IN GENERAL.—The Secretary of Vet- tion, Veterans Affairs, and Related Agencies of a safety plan and post-discharge outreach erans Affairs shall enter into agreements, of the Committee on Appropriations of the for veterans; or and expand existing agreements, with orga- Senate; and (II) in the absence of such methodology, a nizations that represent or serve veterans, (B) the Committee on Veterans’ Affairs proposed timeline and guidelines for creating nonprofit organizations, private businesses, and the Subcommittee on Military Construc- a methodology to ensure compliance with and other interested parties for the expan- tion, Veterans Affairs, and Related Agencies the evidence-based model used under the sion of telehealth capabilities and the provi- Suicide Assessment and Follow-up Engage- of the Committee on Appropriations of the sion of telehealth services to veterans ment: Veteran Emergency Treatment (SAFE House of Representatives. through the award of grants under sub- VET) program of the Department. (2) SPED PRIMARY COORDINATOR.—The term section (b). (B) An assessment of the implementation ‘‘SPED primary coordinator’’ means the of the policies and procedures described in main point of contact responsible for admin- (b) AWARD OF GRANTS.— subparagraph (A), including the following: istering the SPED program at a medical cen- (1) IN GENERAL.—In carrying out agree- (i) An assessment of the quality and quan- ter of the Department. ments entered into or expanded under this tity of safety plans issued to veterans. (3) SPED PROGRAM.—The term ‘‘SPED pro- section with entities described in subsection (ii) An assessment of the quality and quan- gram’’ means the Safety Planning in Emer- (a), the Secretary shall award grants to tity of post-discharge outreach provided to gency Departments program of the Depart- those entities. veterans. ment of Veterans Affairs established in Sep- (2) LOCATIONS.—To the extent practicable, (iii) The post-discharge rate of veteran en- tember 2018 for veterans presenting to the the Secretary shall ensure that grants are gagement in outpatient mental health care, emergency department who are assessed to awarded to entities that serve veterans in including attendance at not fewer than one be at risk for suicide and are safe to be dis- rural and highly rural areas (as determined individual mental health clinic appointment charged home, which extends the evidence- through the use of the Rural-Urban Com- or admission to an inpatient or residential based intervention for suicide prevention to muting Areas coding system of the Depart- unit. all emergency departments of the Veterans ment of Agriculture) or areas determined to (iv) The number of veterans who decline Health Administration. be medically underserved. safety planning efforts during protocols TITLE VI—IMPROVEMENT OF CARE AND (3) USE OF GRANTS.— under the SPED program. SERVICES FOR WOMEN VETERANS (A) IN GENERAL.—Grants awarded to an entity under this subsection may be used for (v) The number of veterans who decline to SEC. 601. EXPANSION OF CAPABILITIES OF participate in follow-up efforts within the WOMEN VETERANS CALL CENTER TO one or more of the following: SPED program. INCLUDE TEXT MESSAGING. (i) Purchasing, replacing or upgrading (C) A description of how SPED primary co- The Secretary of Veterans Affairs shall ex- hardware or software necessary for the pro- ordinators are deployed to support such ef- pand the capabilities of the Women Veterans vision of secure and private telehealth serv- forts, including the following: Call Center of the Department of Veterans ices. (i) A description of the duties and respon- Affairs to include a text messaging capa- (ii) Upgrading security protocols for con- sibilities of such coordinators. bility. sistency with the security requirements of (ii) The number and location of such coor- SEC. 602. REQUIREMENT FOR DEPARTMENT OF the Department of Veterans Affairs. dinators. VETERANS AFFAIRS INTERNET (iii) Training of site attendants, including (iii) A description of training provided to WEBSITE TO PROVIDE INFORMA- payment of those attendants for completing such coordinators. TION ON SERVICES AVAILABLE TO that training, with respect to— (iv) An assessment of the other responsibil- WOMEN VETERANS. (I) military and veteran cultural com- ities for such coordinators and, if applicable, (a) IN GENERAL.—The Secretary of Vet- petence, if the entity is not an organization differences in patient outcomes when such erans Affairs shall survey the internet that represents veterans; responsibilities are full-time duties as op- websites and information resources of the (II) equipment required to provide tele- posed to secondary duties. Department of Veterans Affairs in effect on health services; the day before the date of the enactment of (D) An assessment of the feasibility and (III) privacy, including the Health Insur- this Act and publish an internet website that advisability of expanding the total number ance Portability and Accountability Act of serves as a centralized source for the provi- and geographic distribution of SPED pri- 1996 privacy rule under part 160 and subparts sion to women veterans of information about mary coordinators. A and E of part 164 of title 45, Code of Fed- the benefits and services available to them (E) An assessment of the feasibility and ad- under laws administered by the Secretary. eral Regulations, or successor regulations, as visability of providing services under the (b) ELEMENTS.—The internet website pub- it relates to health care for veterans; SPED program via telehealth channels, in- lished under subsection (a) shall provide to (IV) scheduling for telehealth services for cluding an analysis of opportunities to lever- women veterans information regarding all veterans; or age telehealth to better serve veterans in services available in the district in which (V) any other unique training needs for the rural areas. the veteran is seeking such services, includ- provision of telehealth services to veterans. (F) A description of the status of current ing, with respect to each medical center and (iv) Upgrading existing infrastructure capabilities and utilization of tracking community-based outpatient clinic in the owned or leased by the entity to make rooms mechanisms to monitor compliance, quality, applicable Veterans Integrated Service Net- more conducive to telehealth care, includ- and patient outcomes under the SPED pro- work— ing— gram. (1) the name and contact information of (I) additions or modifications to windows (G) Such recommendations, including spe- each women’s health coordinator; or walls in an existing room, or other alter- cific action items, as the Secretary considers (2) a list of appropriate staff for other ben- ations as needed to create a new, private appropriate with respect to how the Depart- efits available from the Veterans Benefits room, including permits or inspections re- ment can better implement the SPED pro- Administration, the National Cemetery Ad- quired in association with space modifica- gram, including recommendations with re- ministration, and such other entities as the tions; spect to the following: Secretary considers appropriate; and (II) soundproofing of an existing room; (i) A process to standardize training under (3) such other information as the Secretary (III) new electrical, telephone, or internet such program. considers appropriate. outlets in an existing room; or (ii) Any resourcing requirements necessary (c) UPDATED INFORMATION.—The Secretary (IV) aesthetic enhancements to establish a to implement the SPED program throughout shall ensure that the information described more suitable therapeutic environment.

VerDate Sep 11 2014 06:01 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A23SE7.007 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4748 CONGRESSIONAL RECORD — HOUSE September 23, 2020 (v) Upgrading existing infrastructure to ordinate and administer the partnerships Senate and the Committee on Veterans’ Af- comply with the Americans with Disabilities under this subsection but may not be used to fairs of the House of Representatives a re- Act of 1990 (42 U.S.C. 12101 et seq.). carry out activities conducted under such port on the results of the study. (vi) Upgrading internet infrastructure and partnerships. (B) ELEMENTS.—The report required under sustainment of internet services. (b) REVIEW OF EFFECTIVENESS OF subparagraph (A) shall include the rec- (vii) Sustainment of telephone services. HYPERBARIC OXYGEN THERAPY.—Not later ommendation of the Secretary with respect (B) EXCLUSION.—Grants may not be used than 90 days after the date of the enactment to whether or not hyperbaric oxygen therapy for the purchase of new property or for major of this Act, the Secretary, in consultation should be made available to all veterans construction projects, as determined by the with the Center for Compassionate Innova- with traumatic brain injury or post-trau- Secretary. tion, shall begin using an objective and matic stress disorder. (c) AGREEMENT ON TELEHEALTH ACCESS quantifiable method to review the effectiveness and applicability of hyperbaric oxygen SEC. 703. PRESCRIPTION OF TECHNICAL QUALI- POINTS.— FICATIONS FOR LICENSED HEARING (1) IN GENERAL.—An entity described in therapy, such as through the use of a device AID SPECIALISTS AND REQUIRE- subsection (a) that seeks to establish a tele- approved or cleared by the Food and Drug MENT FOR APPOINTMENT OF SUCH health access point for veterans but does not Administration that assesses traumatic SPECIALISTS. require grant funding under this section to brain injury by tracking eye movement. (a) TECHNICAL QUALIFICATIONS.— (c) SYSTEMATIC REVIEW OF USE OF do so may enter into an agreement with the (1) IN GENERAL.—Not later than 180 days HYPERBARIC OXYGEN THERAPY TO TREAT CER- Department for the establishment of such an after the date of the enactment of this Act, TAIN CONDITIONS.— access point. the Secretary of Veterans Affairs shall pre- (1) IN GENERAL.—Not later than 90 days (2) ADEQUACY OF FACILITIES.—An entity describe the technical qualifications required after the date of the enactment of this Act, scribed in paragraph (1) shall be responsible under section 7402(b)(14) of title 38, United the Secretary, in consultation with the Cen- for ensuring that any access point is ade- States Code, to be appointed as a licensed ter for Compassionate Innovation, shall com- quately private, secure, clean, and accessible hearing aid specialist under section 7401(3) of for veterans before the access point is estab- mence the conduct of a systematic review of published research literature on off-label use such title. lished. (2) ELEMENTS FOR QUALIFICATIONS.—In pre- SSESSMENT OF BARRIERS TO ACCESS.— of hyperbaric oxygen therapy to treat post- (d) A scribing the qualifications for licensed hear- (1) IN GENERAL.—Not later than 18 months traumatic stress disorder and traumatic ing aid specialists under paragraph (1), the after the date of the enactment of this Act, brain injury among veterans and non- Secretary shall, at a minimum, ensure that the Secretary shall complete an assessment veterans. such qualifications are consistent with— of barriers faced by veterans in accessing (2) ELEMENTS.—The review conducted (A) the standards for licensure of hearing telehealth services. under paragraph (1) shall include the fol- aid specialists that are required by a major- (2) ELEMENTS.—The assessment required by lowing: ity of States; paragraph (1) shall include the following: (A) An assessment of the current param- (B) any competencies needed to perform (A) A description of the barriers veterans eters for research on the use by the Depart- tasks and services commonly performed by face in using telehealth while not on prop- ment of Veterans Affairs of hyperbaric oxy- erty of the Department. gen therapy, including— hearing aid specialists pursuant to such (B) A description of how the Department (i) tests and questionnaires used to deter- standards; and plans to address the barriers described in mine the efficacy of such therapy; and (C) any competencies needed to perform subparagraph (A). (ii) metrics for determining the success of tasks specific to providing care to individ- (C) Such other matters related to access by such therapy. uals under the laws administered by the Sec- veterans to telehealth while not on property (B) A comparative analysis of tests and retary. of the Department as the Secretary con- questionnaires used to study post-traumatic (b) AUTHORITY TO SET AND MAINTAIN DU- siders relevant. stress disorder and traumatic brain injury in TIES.—The Secretary shall retain the author- (3) REPORT.—Not later than 120 days after other research conducted by the Department ity to set and maintain the duties for li- the completion of the assessment required by of Veterans Affairs, other Federal agencies, censed hearing aid specialists appointed paragraph (1), the Secretary shall submit to and entities outside the Federal Govern- under section 7401(3) of title 38, United the Committee on Veterans’ Affairs of the ment. States Code, for the purposes of the employ- Senate and the Committee on Veterans’ Af- (3) COMPLETION OF REVIEW.—The review ment of such specialists with the Depart- fairs of the House of Representatives a re- conducted under paragraph (1) shall be comment of Veterans Affairs. port on the assessment, including any rec- pleted not later than 180 days after the date (c) APPOINTMENT.—Not later than Sep- ommendations for legislative or administra- of the commencement of the review. tember 30, 2022, the Secretary shall appoint tive action based on the results of the assess- (4) REPORT.—Not later than 90 days after not fewer than one licensed hearing aid spe- ment. the completion of the review conducted cialist at each medical center of the Depart- SEC. 702. PARTNERSHIPS WITH NON-FEDERAL under paragraph (1), the Secretary shall sub- ment. GOVERNMENT ENTITIES TO PRO- mit to the Committee on Veterans’ Affairs of (d) REPORT.—Not later than September 30, VIDE HYPERBARIC OXYGEN THER- the Senate and the Committee on Veterans’ 2022, and annually thereafter, the Secretary APY TO VETERANS AND STUDIES ON shall submit to the Committee on Veterans’ THE USE OF SUCH THERAPY FOR Affairs of the House of Representatives a re- TREATMENT OF POST-TRAUMATIC port on the results of the review. Affairs of the Senate and the Committee on STRESS DISORDER AND TRAUMATIC (d) FOLLOW-UP STUDY.— Veterans’ Affairs of the House of Representa- BRAIN INJURY. (1) IN GENERAL.—Not later than 120 days tives a report— (a) PARTNERSHIPS TO PROVIDE HYPERBARIC after the completion of the review conducted (1) assessing the progress of the Secretary OXYGEN THERAPY TO VETERANS.— under subsection (c), the Secretary, in con- in appointing licensed hearing aid specialists (1) USE OF PARTNERSHIPS.—The Secretary sultation with the Center for Compassionate under subsection (c); of Veterans Affairs, in consultation with the Innovation, shall commence the conduct of a (2) assessing potential conflicts or obsta- Center for Compassionate Innovation within study on all individuals receiving hyperbaric cles that prevent the appointment of li- the Office of Community Engagement of the oxygen therapy through the current pilot censed hearing aid specialists; Department of Veterans Affairs, may enter program of the Department for the provision (3) assessing the factors that led to such into partnerships with non-Federal Govern- of hyperbaric oxygen therapy to veterans to conflicts or obstacles; ment entities to provide hyperbaric oxygen determine the efficacy and effectiveness of (4) assessing access of patients to com- treatment to veterans to research the effec- hyperbaric oxygen therapy for the treatment prehensive hearing health care services from tiveness of such therapy. of post-traumatic stress disorder and trau- the Department consistent with the require- (2) TYPES OF PARTNERSHIPS.—Partnerships matic brain injury. ments under section 4(b) of the Veterans Mo- entered into under paragraph (1) may include (2) ELEMENTS.—The study conducted under bility Safety Act of 2016 (Public Law 114–256; the following: paragraph (1) shall include the review and 38 U.S.C. 7401 note), including an assessment (A) Partnerships to conduct research on publication of any data and conclusions re- of the impact of infrastructure and equip- hyperbaric oxygen therapy. sulting from research conducted by an au- ment limitations on wait times for (B) Partnerships to review research on thorized provider of hyperbaric oxygen ther- audiologic care; and hyperbaric oxygen therapy provided to non- apy for veterans through the pilot program (5) indicating the medical centers of the veterans. described in such paragraph. Department with vacancies for audiologists (C) Partnerships to create industry work- (3) COMPLETION OF STUDY.—The study con- or licensed hearing aid specialists. ing groups to determine standards for re- ducted under paragraph (1) shall be com- SEC. 704. USE BY DEPARTMENT OF VETERANS AF- search on hyperbaric oxygen therapy. pleted not later than three years after the FAIRS OF COMMERCIAL INSTITU- (D) Partnerships to provide to veterans date of the commencement of the study. TIONAL REVIEW BOARDS IN SPON- hyperbaric oxygen therapy for the purposes (4) REPORT.— SORED RESEARCH TRIALS. of conducting research on the effectiveness (A) IN GENERAL.—Not later than 90 days (a) IN GENERAL.—Not later than 90 days of such therapy. after completing the study conducted under after the date of the enactment of this Act, (3) LIMITATION ON FEDERAL FUNDING.—Fed- paragraph (1), the Secretary shall submit to the Secretary of Veterans Affairs shall com- eral Government funding may be used to co- the Committee on Veterans’ Affairs of the plete all necessary policy revisions within

VerDate Sep 11 2014 06:01 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A23SE7.007 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4749 the directive of the Veterans Health Admin- California (Mr. TAKANO) and the gen- to capitalize on the use of technology istration numbered 1200.05 and titled ‘‘Re- tleman from Tennessee (Mr. DAVID P. and meeting veterans where they are. quirements for the Protection of Human ROE) each will control 20 minutes. Congressman LAMB introduced legis- Subjects in Research’’, to allow sponsored The Chair recognizes the gentleman clinical research of the Department of Vet- lation to bring the VA’s complemen- erans Affairs to use accredited commercial from California. tary and integrated health services to institutional review boards to review re- GENERAL LEAVE even more veterans and also pushed the search proposal protocols of the Department. Mr. TAKANO. Madam Speaker, I ask scientific enterprise to seek biomark- (b) IDENTIFICATION OF REVIEW BOARDS.— unanimous consent that all Members ers and more tailored treatments for Not later than 90 days after the completion may have 5 legislative days in which to mental health problems through a new of the policy revisions under subsection (a), revise and extend their remarks and to VA precision medicine initiative. the Secretary shall— (1) identify accredited commercial institu- insert extraneous material on S. 785. Congressman BRINDISI’s bill will tional review boards for use in connection The SPEAKER pro tempore. Is there bring more resources to VA’s suicide with sponsored clinical research of the De- objection to the request of the gen- prevention coordinators and more partment; and tleman from California? staffing in this critical area to VA (2) establish a process to modify existing There was no objection. medical centers. approvals in the event that a commercial in- Mr. TAKANO. Madam Speaker, I Madam Speaker, I want to say stitutional review board loses its accredita- yield myself such time as I may con- thanks to them and all our Members tion during an ongoing clinical trial. sume. who introduced companion legislation (c) REPORT.— Madam Speaker, I rise in support of to S. 785, and I now encourage my col- (1) IN GENERAL.—Not later than 90 days S. 785, the Commander John Scott after the completion of the policy revisions leagues to join me in supporting S. 785. under subsection (a), and annually there- Hannon Veterans Mental Health Care Madam Speaker, I reserve the bal- after, the Secretary shall submit to the Com- Improvement Act. ance of my time. mittee on Veterans’ Affairs of the Senate Madam Speaker, throughout the Mr. DAVID P. ROE of Tennessee. and the Committee on Veterans’ Affairs of 116th Congress, the House Committee Madam Speaker, I yield myself such the House of Representatives a report on all on Veterans’ Affairs has committed time as I may consume. approvals of institutional review boards used significant resources and energy with Madam Speaker, I rise today in by the Department, including central insti- one goal in mind, addressing and help- strong support of S. 785, the Com- tutional review boards and commercial insti- ing reduce veteran suicide. tutional review boards. mander John Scott Hannon Veterans As a result, our committee has Mental Health Care Improvement Act (2) ELEMENTS.—The report required by passed no less than 15 pieces of legisla- paragraph (1) shall include, at a minimum, of 2019. the following: tion that would address many of the Today, and every day, approximately (A) The name of each clinical trial with re- upstream challenges that veterans con- 20 of our Nation’s veteran servicemem- spect to which the use of an institutional re- front, which can exacerbate mental bers and members of the National view board has been approved. health conditions and often lead vet- Guard and Reserve will die by suicide. (B) The institutional review board or insti- erans into crisis. This bill is named after one of those tutional review boards used in the approval While we are not discussing all of veterans, Commander John Scott process for each clinical trial. these proposals today, I am hopeful (C) The amount of time between submis- Hannon. that one bill, and the subject of today’s One of its most important provisions sion and approval. debate, S. 785, will provide additional SEC. 705. CREATION OF OFFICE OF RESEARCH is named after another, Staff Sergeant REVIEWS WITHIN THE OFFICE OF IN- tools and will lead to additional report- Parker Gordon Fox, who grew up in my FORMATION AND TECHNOLOGY OF ing that will inform our continued ef- district in east Tennessee. THE DEPARTMENT OF VETERANS forts to address this multifaceted and AFFAIRS. While we cannot bring back Com- complex challenge. mander Hannon, Staff Sergeant Fox, or (a) IN GENERAL.—Not later than one year There is no one solution to this issue, after the date of the enactment of this Act, countless veterans like them, we can but I know that by working together the Secretary of Veterans Affairs shall es- act by passing this bill today to help we can continue to make meaningful tablish within the Office of Information and save the lives of the brothers and sis- progress. Technology of the Department of Veterans ters in arms they left behind. I also thank the members of my com- Affairs an Office of Research Reviews (in this This Congress, both the House and section referred to as the ‘‘Office’’). mittee and other Members of this Senate Veterans’ Affairs Committees (b) ELEMENTS.—The Office shall do the fol- Chamber who offered legislation in the have made it our priority to prevent lowing: House to address gaps, enhance up- (1) Perform centralized security reviews veteran suicide. This bill represents stream prevention, and create addi- and complete security processes for approved the culmination of our work. tional resources to help veterans access research sponsored outside the Department, We would not be here without the un- care. Many of these components are in- with a focus on multi-site clinical trials. wavering efforts of many individuals: cluded in S. 785. (2) Develop and maintain a list of commer- Senators and Members of Congress cially available software preferred for use in Congressman SABLAN’s legislation in- from both sides of the aisle who have sponsored clinical trials of the Department cluded in S. 785 extends VA healthcare worked hard on the various compo- and ensure such list is maintained as part of to veterans for a 1-year period fol- nents of this bill; Secretary Wilkie and the official approved software products list lowing discharge or release from active of the Department. his team in VA and in the White House service. We know this is a crucial pe- (3) Develop benchmarks for appropriate who have worked with us on a bipar- riod for veterans to be enrolled in and timelines for security reviews conducted by tisan, bicameral basis to make sure we receive high-quality healthcare. the Office. get it right; and our veterans service (c) REPORT.— Two provisions from Congressman organization partners that have pro- (1) IN GENERAL.—Not later than one year CISNEROS’s bill are included in S. 785; after the establishment of the Office, the Of- one, directing VA to update its clinical vided their input, expertise, and en- fice shall submit to the Committee on Vet- practice guidelines for treating vet- couragement every step of the way. erans’ Affairs of the Senate and the Com- erans at risk of suicide, and the other I would be remiss if I did not say a mittee on Veterans’ Affairs of the House of mandating that VA develop clinical particular thank you to my friends and Representatives a report on the activity of practice guidelines to standardize best esteemed Senate colleagues, Chairman the Office. JERRY MORAN of Kansas and Ranking (2) ELEMENTS.—The report required by practices for treating co-occurring sub- Member JON TESTER of Montana, the paragraph (1) shall include, at a minimum, stance use disorders, chronic pain, chairman and ranking member of the the following: PTSD and/or traumatic brain injuries. (A) The number of security reviews com- Senate Veterans’ Affairs Committee. pleted. b 1230 I have had the honor and the privi- (B) The number of personnel assigned for Other members of my committee in- lege of working with Senators MORAN performing the functions described in sub- troduced House companion legislation and TESTER for many years, and I know section (b). for key components of S. 785. that America’s veterans have no great- The SPEAKER pro tempore. Pursu- Congresswoman LEE’s bill supported er champions in the United States Sen- ant to the rule, the gentleman from further telehealth expansion at the VA ate than them. I am grateful for their

VerDate Sep 11 2014 06:10 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A23SE7.007 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4750 CONGRESSIONAL RECORD — HOUSE September 23, 2020 hard work and steadfast leadership cially when they already are stressed I do appreciate his mentioning the shepherding this bill to the President’s and struggling. veteran hotline, and I do want to also desk over the last year and a half. If we truly want to prevent veteran encourage veterans to know that it is And, of course, I am also grateful to suicide, I believe that we must expand okay to not be okay and to please call my friend and fellow leader of the the VA’s reach by partnering with the number that Dr. ROE just an- House Veterans’ Affairs Committee, well-respected community organiza- nounced. I will try to make sure I re- Congressman MARK TAKANO of Cali- tions that are meeting military fami- peat that later on during our session fornia. Since he took over the gavel lies where they are, developing long- today. last year, Chairman TAKANO has fo- lasting and meaningful relationships to Madam Speaker, I yield 3 minutes to cused our committee’s work on veteran help them heal, and connecting them the gentleman from Pennsylvania (Mr. suicide prevention. I am proud to stand with the VA and other sources of sup- LAMB), my good friend and vice chair- with him in pursuit of that goal. port that best suit their individual and man of the Veterans’ Affairs Com- Veterans are 1.5 times more likely to family needs. mittee. die by suicide than nonveterans, in The Staff Sergeant Parker Gordon Mr. LAMB. Madam Speaker, I thank general, and veteran women are 2.2 Fox Suicide Prevention Grant Program the chairman for his hard work bring- would create the mechanism to do that times more likely to die by suicide ing us this bipartisan, bicameral com- most effectively. It is based on the bi- than nonveteran women. It is certainly promise that will get things done for partisan IMPROVE Act, which is spon- not for lack of attention, effort, or de- our Nation’s veterans. sored in the House by my good friend sire that the veteran suicide rate re- Madam Speaker, my contributions to mains as high as it has for as long as it and ranking member of the Sub- committee on Oversight and Investiga- today’s bill are sort of a mix of old and has. new. We are dramatically increasing tions, Lieutenant General JACK When I came to Congress in 2009, the the investments and availability of BERGMAN of Michigan, and Congress- VA’s mental health budget was ap- age-old practices like acupuncture, proximately $4 billion per year. When I woman CHRISSY HOULAHAN of Pennsyl- vania. meditation, yoga, nutritional coun- leave Congress at the end of this year, seling, things that, when you talk to the VA’s mental health budget will Both General BERGMAN and Congress- woman HOULAHAN are veterans them- the veterans themselves, whether total approximately $10 billion. Over younger millennial-age veterans or that nearly 12-year period, the veteran selves, and I know their commitment to supporting their fellow veterans is grizzled Vietnam war veterans, they suicide rate has remained essentially will tell you these are some of their fa- the same, with approximately 20 lives deeply and strongly felt. I am grateful to both of them for their hard work and vorite offerings at the local VA and lost per day. some of the practices that make the Finally lowering that number and leadership on this bill and for their on- biggest differences for people with eventually stopping veteran suicide al- going service to this country, first in chronic pain, stress, and anxiety. together will not be easy, but S. 785 uniform and now in Congress. I have heard my Republican col- takes a number of different approaches As I mentioned in my opening, this grant program is named after one of leagues make the point many times that I believe will make a real dif- east Tennessee’s own, Staff Sergeant that we have increased the VA’s budget ference to veterans in need. It includes provisions that would im- Parker Gordon Fox. Parker grew up in without seeing much progress on the prove access to care for veterans at Kingsport, Tennessee, very near to suicide rate. I agree. That is unaccept- risk of suicide; strengthening VA’s where I live, and joined the Army after able. high school graduation. He was only 25 mental health workforce; expanding These are some of the least costly of- years old when he died this summer. the availability of complementary and ferings that the VA has to make: acu- I did not know Parker personally, puncture and chiropractor. They come alternative techniques to improve vet- but I have been touched by the loving eran quality of life; advancing impor- up again and again, and they are a legacy he left behind and the many minuscule part of the VA’s budget. We tant research into diagnosis and treat- wonderful comments I have heard from ment of conditions like post-traumatic can make a small increase and make friends and family. an enormous difference. stress disorder, depression, anxiety, bi- My heart is with his family and polar disorder, suicide ideation, and We are also investing in another friends today, and I hope that they great opportunity to do research for the connection between suicide and take some comfort in knowing that certain prescription medications; and biomarkers, precision medicine that Parker will forever be memorialized will tell us how we can better treat the support for servicemembers as they through this program that will help transition to civilian life, a time in invisible wounds of war with new tech- veterans like him across the country nologies; again, a small down payment which we know they are uniquely vul- and, hopefully, save others from the today for the possibility of much more nerable to stresses and suicidal deep grief they are now experiencing. effective and much more cost-effective thoughts. It is Parker I will be thinking of S. 785 would also establish the Staff when I vote in support of this bill treatment going forward. Sergeant Parker Gordon Fox Suicide today, and I hope that every one of my The other important mix of old and Prevention Grant Program to support colleagues will join me. new that we see today, Madam Speak- community-based organizations that In closing, I would like any veteran er, is that we are making new invest- provide needed care and other services listening today who may be struggling ments—investing in new technology, to at-risk veterans in their neighbor- with their own thoughts of suicide to offering new services to veterans—but hoods and backyards. know that you do not have to struggle we have done it in an old-fashioned The care and support that the VA of- alone. These are trying times, but free way, which is that both sides work to- fers to veterans is second to none. and confidential support is available to gether. Under President Trump’s direction you any time of the day or night by This will probably be my last chance these last 31⁄2 years, excellent strides calling 1–800–273–8255 and pressing 1, to recognize our ranking member, Dr. have been made to increase access to texting 838255, or visiting ROE, before he leaves us at the end of care, expand veteran choice, strength- veteranscrisisline.net. It is okay not to this Congress. I just want to say, when en the veterans’ trust that they have in be okay. Please reach out for help, if I came to this Congress 21⁄2 years ago, the VA healthcare system, and more. you need it, please. my first committee assignment was on Only 6 of the 20 servicemembers and Madam Speaker, I reserve the bal- the Veterans’ Affairs Committee when veterans who die by suicide each day ance of my time. he was chairman. Dr. ROE was kind to had used VA care in the last 2 years Mr. TAKANO. Madam Speaker, I me from beginning to end, taught me a prior to their death. Not all of those thank Ranking Member ROE for his lot about the needs of our Nation’s vet- who have served are eligible for VA kind words, and it is a pleasure to be erans from the standpoint of a prac- care. Even those who are eligible may here today to present this package of ticing physician, always with an eye on sometimes find the barrier to entry to legislation on veteran suicide preven- cost, but, above all, on veterans’ well- a VA medical center too high, espe- tion. being.

VerDate Sep 11 2014 06:10 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.035 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4751 We thank Dr. ROE for his service, and bringing this bill in front of the House. Mental Health Improvement Act of our Nation’s veterans are better off for And I stand today in support of S. 785, 2019, will save veterans’ lives, and I rise it. the Commander John Scott Hannon in unequivocal support of this legisla- Mr. DAVID P. ROE of Tennessee. Veterans Mental Health Care Improve- tion. Madam Speaker, I yield 3 minutes to ment Act. The flame of my passion to end vet- the gentleman from Florida (Mr. BILI- In addition to making critical up- eran suicide was lit long before I was RAKIS), my good friend, who has served dates related to VA transition assist- elected to Congress, starting with Viet- together with me for 12 years on the ance, mental healthcare, and care for nam to the global war on terror. Veterans’ Affairs Committee and vice women veterans, this bill also includes I would like to just take one extra chairs the committee. There is no an important provision that I cham- opportunity to, again, welcome home greater advocate for veterans in this pioned here in the House in the form of my fellow veterans from Vietnam. You country than GUS BILIRAKIS. the VA Telehealth Expansion Act, served your country in tough times, Mr. BILIRAKIS. Madam Speaker, I which would provide entities with and we owe you that again and again thank the chairman for putting forth grants expanding telehealth capabili- for waiting so long to thank you. this bill, and I also thank my good ties to serve veterans throughout the Because of that, in June 2019, I proud- friend Ranking Member ROE, who does VA. ly introduced the Improve Well-Being an outstanding job. He has really done We know the stat that over 20 vet- for Veterans Act, which proposed a excellent work. It has been an honor to erans take their life by suicide every grant program that would allow the VA serve with him on behalf of our vet- day, and not one suicide is acceptable. to support the nationwide network of erans. I thank him so much for his And many of those veterans are not ac- community organizations already pro- service, his continuing service to our cessing VA care. We know that tele- viding lifesaving services to local vet- country and our true American heroes. health is another venue to allow those erans and their families. And it would Madam Speaker, I rise today in veterans increased access, whether a be effective in reaching the 60-plus per- strong support of S. 785, the Com- veteran is homebound, in a rural com- cent of veterans who die by suicide but mander John Scott Hannon Veterans munity, in a community without ac- are not within the VA system of care. Mental Health Care Improvement Act. cess to a VA clinic or a hospital, or as The goal was to try something dif- This bill will help prevent veteran we have seen now during this pan- ferent when the status quo was not suicide by expanding access to care, demic, at high risk of dying if they working. That was the driver here services, and support for at-risk indi- catch COVID–19. This pandemic has among all of us who chose to cosponsor viduals within the VA healthcare sys- shown us just how critical it is for our the Improve Act. tem and their local communities. It veterans to be able to access Within a 6-month period we gained contains the IMPROVE Act, a bill by healthcare through telehealth. over 250 bipartisan cosponsors, gained my friend General BERGMAN that I was In my home State of Nevada, on the VSO support, and welcomed VA Sec- proud to support as one of the first co- week that southern Nevada began re- retary Wilkie to testify before our sponsors. sponding to the COVID–19 pandemic, committee. This section creates a grant program the number of veterans in the southern Now, the best possible version of this for community providers to collaborate Nevada healthcare system who had legislation lies at the heart of S. 785, and assist in suicide prevention serv- telehealth visits, the number was just which I strongly urge all of my col- ices and is modeled after the bipartisan under 150. Fast forward to just the leagues to support. SSVF program, which has been very week of July 19, we were providing over For over a decade, and despite bil- successful in reducing veteran home- 2,000 video visits to veterans in their lions of dollars spent within the VA lessness. We need new and innovative homes via the VA Video Connect. That trying their hardest, we have heard the ways to tackle this tragic problem that means that the telehealth video visits same statistic over and over again, 20 our veterans are facing today. increased by over 1,000 percent. veterans die by their own hand every Tragically, 20 servicemembers and It is abundantly clear that telehealth day. That is why this new approach and veterans take their own lives each day, has provided improved access in innovative approach and a different not in combat, not by violent crime, healthcare for so many veterans, and way of looking at things, maybe from but due to suicide. We must do every- we must continue to invest in the VA’s the outside in, as opposed to the inside thing to stop this, Madam Speaker. telehealth capacity, and S. 785 does out, is long overdue. And I am excited We know, too, that many of those 20 just that. to stay engaged and work with the ad- per day are not currently using VA Madam Speaker, finally, I want to ministration to ensure that it makes a services. That is why this grant pro- give a special thank you also to Con- difference, especially for the veterans gram may be particularly helpful, gressman ROE, the ranking member, in our rural and remote communities since it specifically targets to reach for his leadership on this committee. I that are so vulnerable. those veterans who are actively suici- have only been working with him for You know, when you come in as a dal or at risk of suicide who are not one term, but without a doubt, I want freshman—and I love to say that, being current users of the VA health system. to thank him for his commitment to a freshman at the age of 70 a few years Madam Speaker, the status quo is our veterans. ago. I learned as a marine early on, you unacceptable, and none of us should Mr. DAVID P. ROE of Tennessee. look for good leadership, and I will tell stand idly by and allow this epidemic Madam Speaker, I appreciate the kind you, I found it in Dr. ROE as the Chair- of veteran suicide to continue. When words and those of Congressman LAMB man of Veterans’ Affairs in my first we called on them, our heroes, these also. It is very much appreciated. term. servicemembers and veterans answered Madam Speaker, I yield 4 minutes to Madam Speaker, I just wanted to say the call to serve. It is time for us to an- the gentleman from Michigan (Mr. thank you to Dr. ROE for his leadership swer the call and support our heroes BERGMAN), from the Upper Peninsula and for dropping the gavel on time and get them the help that they have where there are more deer than there every committee hearing, because that earned and deserve. are people. General BERGMAN has was one of his first bits of guidance to served our country as a marine, in pri- us as a committee, and he walked the b 1245 vate business as a pilot, and now as a talk. I thank him for his leadership. We Mr. TAKANO. Madam Speaker, I Congressman, and I am indeed fortu- are going to miss him, but he is not far yield 3 minutes to the gentlewoman nate to call him my friend. away, and I have his phone number. from Nevada (Mrs. LEE), my good Mr. BERGMAN. Madam Speaker, Dr. Madam Speaker, I would also like to friend and the chairwoman of the Sub- ROE is right, November 15 is fast ap- thank the 250-plus bipartisan cospon- committee on Technology Moderniza- proaching here where it is the opening sors, and also both the majority and tion, and also the author of this impor- of deer season in Michigan, so we anx- the minority staffs for working so hard tant piece of legislation. iously await that. to make this happen, and the VSOs. I Mrs. LEE of Nevada. Madam Speak- Madam Speaker, S. 785, the Com- thank my co-lead CHRISSY HOULAHAN, er, I want to thank the chairman for mander John Scott Hannon Veterans Senator BOOZMAN, Chairman MORAN,

VerDate Sep 11 2014 06:10 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.037 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4752 CONGRESSIONAL RECORD — HOUSE September 23, 2020 Ranking Member TESTER, Chairman This bill would require the VA to cre- b 1300 TAKANO, and, once again, to Dr. ROE. ate a plan to address the staffing of Two decades and we are still having Mr. TAKANO. Madam Speaker, I mental healthcare providers at its fa- this problem, no matter how much yield 3 minutes to the gentleman from cilities, and ensure that each medical money, so it was time to think outside California (Mr. CISNEROS), my good center, like the one in Coatesville in the box, which I believe this did. No friend and member of the House Vet- my district, is staffed with a suicide one bill, Madam Speaker, is going to erans’ Affairs Committee. prevention coordinator. solve this problem. Mr. CISNEROS. Madam Speaker, I This bill also includes the Staff Ser- We have read numbers to call. Look, rise today in support of the Com- geant Parker Gordon Fox Suicide Pre- reach out to a friend. If you have a mander John Scott Hannon Veterans vention Grant Program, which would friend or a pastor or someone who you Mental Health Care Improvement Act. push funding for suicide prevention As this month marks National Sui- trust, reach out to them if you are in a services out to vetted community orga- dark place, and then we will get you cide Prevention Awareness Month, I nizations. This is a similar one that am grateful the House and Senate Vet- the help you need. We will get you the was proposed in the Improve Act, erans’ Affairs Committees are working resources you need because most of which I was proud to help lead with my across the aisle to improve mental these decisions, many of these, are im- colleague across the aisle, General health services for our veterans. I am pulsive decisions that once they are BERGMAN. proud that this package includes my avoided, that person can lead a fruitful, bipartisan bill, the STOP Veteran Sui- This will really help us reach the bountiful life. cide and Substance Abuse Act. millions of veterans who do not use the That is what we want. We want you We know that too many veterans VA for healthcare, or who are more to reach out, and we will get you the struggling with mental health chal- comfortable talking about their men- help you need to get you from the place lenges, like PTSD, are often also deal- tal health concerns in a nongovern- you are to a place of a productive, helping with substance misuse issues and mental setting. It will also ensure that ful life. the impact of various traumas, includ- these organizations can refer veterans I thank all the Members, especially ing military sexual assault. to the VA when needed, ensuring that the chairman, who made this his pri- Given how common these co-occur- there is a warm hand-off, which is so mary goal, suicide prevention. I thank ring problems are, VA healthcare pro- critical when someone is in crisis. him for that. viders need evidence-based guidance for Madam Speaker, I do want to take Madam Speaker, I urge my col- working with multiple issues all at this opportunity to thank Chairman leagues to support this bill, and I yield once. My bill ensures that the VA will TAKANO for his leadership on this criti- back the balance of my time. develop and disseminate this clinical cally important issue. The fact that Mr. TAKANO. Madam Speaker, I practice guideline to share best prac- the House is poised to pass not only S. urge all of my colleagues to join me in tices VA-wide. 785, but also the chairman’s Veterans passing S. 785. I thank all of my col- Madam Speaker, I want to thank COMPACT Act, and a variety of other leagues who worked on this bill on Representative MAST for working with related bills, is truly a testament to both sides of the aisle, and I yield back me on this bill, and Chairman TAKANO his laser-like focus on this issue. the balance of my time. for his tireless leadership on this issue. Representative BROWNLEY, who leads The SPEAKER pro tempore (Ms. And I also want to thank Dr. ROE for the Women Veterans Task Force, also DEAN). The question is on the motion his years of service to the country, has been especially attentive to the offered by the gentleman from Cali- both as a doctor, a soldier, and as a barriers that women veterans face as fornia (Mr. TAKANO) that the House member of this committee and service well. VA research recently found that suspend the rules and pass the bill, S. in the House of Representatives. I the share of women veterans using the 785. thank him very much for his friend- VA has grown nearly 15 percent in 10 The question was taken; and (two- ship, always stopping to say hello. We years, and we need to ensure that this thirds being in the affirmative) the are going to miss him here. But I know VA is adapting and continuing to be rules were suspended and the bill was he will continue his service back in ci- the veterans’ first choice for quality passed. vilian life, and so I thank him very mental healthcare regardless of gender. A motion to reconsider was laid on much for his years of service. Madam Speaker, it has been a pleas- the table. Mr. DAVID P. ROE of Tennessee. ure to work with General BERGMAN on f Madam Speaker, I reserve the balance the Improve Act, given our common STOPPING HARM AND IMPLE- of my time. background in service. General MENTING ENHANCED LEAD-TIME Mr. TAKANO. Madam Speaker, I BERGMAN and I quickly connected last FOR DEBTS FOR VETERANS ACT yield 3 minutes to the gentlewoman year over the importance of ensuring Mr. TAKANO. Madam Speaker, I from Pennsylvania (Ms. HOULAHAN), that we use all of the tools in our tool- move to suspend the rules and pass the my good friend. kit, the VA, community organizations, Ms. HOULAHAN. Madam Speaker, I bill (H.R. 5245) to amend title 38, peer support groups, and more, to want to thank the chairman for bring- United States Code, to provide for a reach veterans in mental health crisis ing this bill to the House. bar on the recovery of certain pay- where they are and where they feel Madam Speaker, I rise as well to ments or overpayments made by the comfortable. speak in favor of S. 785. Department of Veterans Affairs by rea- This comprehensive package of legis- Madam Speaker, I thank General son of delays in processing of certain lation complements the other VA bills BERGMAN and Ranking Member Dr. ROE information, and for other purposes, as we considered yesterday and today. I for their leadership in getting to this amended. want to highlight two pieces of this moment as well. The Clerk read the title of the bill. bill, in particular. I would like to end by saying, it is The text of the bill is as follows: This bill aims to improve the mental okay to not be okay. If you are experi- H.R. 5245 encing a crisis or know someone who health medical workforce at the VA. Be it enacted by the Senate and House of Rep- The vast majority of veterans who get is, please dial 1–800–273–8255, and press resentatives of the United States of America in their care at the VA love their experi- 1. Again, 1–800–273–8255, and press 1. Congress assembled, ence, and that is because of the dedi- Mr. DAVID P. ROE of Tennessee. SECTION 1. SHORT TITLE. cated VA workforce. Madam Speaker, first of all, we have This Act may be cited as the ‘‘Stopping However, we do need to address head- heard numerous speakers today speak Harm and Implementing Enhanced Lead- on the issue of staffing shortages. Ac- eloquently about the problems we have time for Debts for Veterans Act’’ or the cording to the most recent VA report, with veteran suicide in this country ‘‘SHIELD for Veterans Act’’. there are roughly 50,000 vacant posi- and active duty servicemembers, I SEC. 2. PROHIBITION OF DEBT ARISING FROM OVERPAYMENT DUE TO DELAY IN tions at the VA at any given time, mean, a horrific number of 20, which PROCESSING BY THE DEPARTMENT many of which are slots for healthcare we have not changed at all in the last OF VETERANS AFFAIRS. providers. 20 years. (a) BAR TO RECOVERY.—

VerDate Sep 11 2014 06:10 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.039 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4753 (1) IN GENERAL.—Chapter 53 of title 38, ments to individuals entitled to benefits Mr. TAKANO. Madam Speaker, I United States Code, is amended by inserting under the laws administered by the Sec- yield myself such time as I may con- after section 5302A the following new secretary, including specific data matching sume. tion: agreements. Madam Speaker, I rise in support of ‘‘§ 5302B. Prohibition of debt arising from (3) A description of steps to be taken to im- H.R. 5245, as amended, the Stopping overpayment due to delay in processing prove the identification of underpayments to such individuals and to improve Department Harm and Implementing Enhanced ‘‘(a) LIMITATION.—No individual may incur Lead-Time for Debts for Veterans Act, a debt to the United States that— procedures and policies to ensure that such ‘‘(1) arises from any program or benefit ad- individuals who are underpaid receive ade- or the SHIELD for Veterans Act. It ministered by the Under Secretary for Bene- quate compensation payments. would create important steps to im- fits; and (4) A list of actions completed, implemen- prove how VA handles overpayments ‘‘(2) is attributable to the failure of an em- tation steps, and timetables for each require- made to veterans. The Department’s ployee or official of the Department to proc- ment described in paragraphs (1) through (3). process for collecting overpayments ess information provided by or on behalf of (5) A description of any new legislative au- that it makes must be fair and reason- that individual within applicable timeliness thority required to complete any such re- able and consider the potential hard- quirement. standards established by the Secretary. ships when an error is discovered. This ‘‘(b) NOTICE TO BENEFICIARY.—If the Sec- SEC. 3. THRESHOLD FOR REPORTING DEBTS TO retary determines that the Secretary has CONSUMER REPORTING AGENCIES. legislation does just that. Further, the legislation would make made an overpayment to an individual, the (a) IN GENERAL.—Chapter 53 of title 38, Secretary shall provide notice to the indi- United States Code, is amended by adding overpayments less common by improv- vidual of the overpayment. Such notice shall after section 5319 the following new section: ing the information available to bene- include an explanation of the right of the in- ficiaries and modernize how veterans dividual to dispute the overpayment or to re- ‘‘§ 5320. Threshold for reporting debts to consumer reporting agencies can provide updates to VA on their eli- quest a waiver of indebtedness. gibility and status. ‘‘(c) DELAY ON COLLECTION.—The Secretary ‘‘The Secretary shall prescribe regulations may not take any action under section 3711 that establish the minimum amount of a The SHIELD Act was sponsored by of title 31 regarding an overpayment de- claim or debt, arising from a benefit admin- Chairman CHRIS PAPPAS, who leads our scribed in a notice under subsection (b) until istered by the Under Secretary for Benefits Oversight and Investigations Sub- the date that is 90 days after the date the or Under Secretary for Health, that the Sec- committee. The bill was developed Secretary issues such notice.’’. retary will report to a consumer reporting based on hearings Chairman PAPPAS (2) CLERICAL AMENDMENT.—The table of agency under section 3711 of title 31.’’. held during the session. The subsections at the beginning of such chapter is (b) CLERICAL AMENDMENT.—The table of committee also conducted extensive amended by inserting after the item relating sections at the beginning of such chapter is to section 5302A the following new item: oversight of VA collections. amended by adding after the item relating to Finally, the legislation takes into ac- ‘‘5302B. Prohibition of debt arising from section 5319 the following new item: overpayment due to delay in count the experiences and input of vet- ‘‘5320. Threshold for reporting debts to con- erans service organizations that help processing.’’. sumer reporting agencies.’’. veterans navigate what is an overly (3) DEADLINE.—The Secretary of Veterans (c) DEADLINE.—The Secretary of Veterans complex current collections process Affairs shall prescribe regulations to estab- Affairs shall prescribe regulations under sec- lish standards under section 5302B(a)(2) of tion 5320 of such title, as added by subsection that leaves many understandably frus- such title, as added by subsection (a), not (a), not later than 180 days after the date of trated. later than 180 days after the date of the en- the enactment of this Act. I also appreciate the bipartisan na- actment of this Act. SEC. 4. REMOVAL OF DEPENDENTS FROM AWARD ture of this bill. Our oversight was con- (b) PLAN FOR IMPROVED NOTIFICATION AND OF COMPENSATION OR PENSION. ducted with the minority that also of- COMMUNICATION OF DEBTS.—Not later than 180 days after the date of the enactment of The Secretary of Veterans Affairs shall en- fered improvements to the bill, which this Act, and one year thereafter, the Sec- sure that— were incorporated into the current lan- retary of Veterans Affairs shall submit to (1) a veteran may remove any dependent guage. Congress a report on the improvement of the from an award of compensation or pension to I support this bill, and I urge my col- notification of and communication with in- the veteran using the eBenefits system of leagues to do the same. I thank Mr. the Department of Veterans Affairs, or a suc- dividuals who receive overpayments made by PAPPAS for sponsoring this important the Secretary. Such report shall include each cessor system; and (2) such removal takes effect not later than legislation and urge my colleagues to of the following: support H.R. 5245, as amended. (1) The plan of the Secretary to carry out 60 days after the date on which the veteran each of the following: makes such removal. Madam Speaker, I reserve the bal- (A) The development and implementation SEC. 5. DETERMINATION OF BUDGETARY EF- ance of my time. of a mechanism by which individuals en- FECTS. Mr. DAVID P. ROE of Tennessee. rolled in the patient enrollment system The budgetary effects of this Act, for the Madam Speaker, I yield myself such under section 1705 of title 38, United States purpose of complying with the Statutory time as I may consume. Code, may view their monthly patient med- Pay-As-You-Go Act of 2010, shall be deter- Madam Speaker, I rise today in sup- ical statements electronically. mined by reference to the latest statement port of H.R. 5245, as amended, the (B) The development and implementation titled ‘‘Budgetary Effects of PAYGO Legisla- SHIELD for Veterans Act. of a mechanism by which individuals eligible tion’’ for this Act, submitted for printing in This bill would prohibit the Depart- for benefits under the laws administered by the Congressional Record by the Chairman of ment of Veterans Affairs from col- the Secretary may receive electronic cor- the House Budget Committee, provided that respondence relating to debt and overpay- such statement has been submitted prior to lecting on debts from the Veterans ment information. the vote on passage. Benefits Administration that arise out of VA’s failure to process changes in a (C) The development and implementation, The SPEAKER pro tempore. Pursu- by not later than October 1, 2022, of a mecha- veteran’s entitlement to benefits with- ant to the rule, the gentleman from nism by which individuals eligible for bene- in certain timeliness standards. fits under the laws administered by the Sec- California (Mr. TAKANO) and the gen- Veterans should not face financial retary may access information related to De- tleman from Tennessee (Mr. DAVID P. hardships due to delays or errors made partment of Veterans Affairs debt electroni- ROE) each will control 20 minutes. by VA, nor should Congress accept that cally. The Chair recognizes the gentleman forgiving debts is a long-term solution. (D) The improvement and clarification of from California. Department communications relating to Rather, we need to strive to eliminate overpayments and debt collection, including GENERAL LEAVE the creation of the debt in the first letters and electronic correspondence. The Mr. TAKANO. Madam Speaker, I ask place. Secretary shall develop such improvements unanimous consent that all Members H.R. 5245 would do that by addressing and clarifications in consultation with vet- may have 5 legislative days in which to one of the major root causes of debt. erans service organizations and other rel- revise and extend their remarks and to Certainly, veterans can add depend- evant non-governmental organizations. insert extraneous material on H.R. ents to their compensation or pension (E) The development and implementation, 5245, as amended. award using VA’s eBenefits online tool, by not later than October 1, 2022, of a mechanism by which veterans may update their de- The SPEAKER pro tempore. Is there and that change is effective imme- pendency information electronically. objection to the request of the gen- diately. However, VA does not allow (2) A description of the current efforts and tleman from California? for the immediate removal of depend- plans for improving the accuracy of pay- There was no objection. ents using that same tool.

VerDate Sep 11 2014 06:10 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A23SE7.012 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4754 CONGRESSIONAL RECORD — HOUSE September 23, 2020 Because the removal of a veteran de- accounting of how these debts were ac- reached that this is, indeed, a problem pendent requires a manual review, a crued. we should have fixed many years ago. debt is often created because VA’s Unfortunately, Jeff is not alone in Madam Speaker, I urge my col- lengthy review process results in over- this experience, and too many of our leagues to join me in passing H.R. 5245, payments to veterans that, by law, VA veterans are badly surprised when they as amended, and I yield back the bal- must attempt to recoup. receive letters saying they owe the VA ance of my time. I thank my good friend and fellow money. Sometimes these debts reach The SPEAKER pro tempore. The veteran, the ranking member of the thousands of dollars. During the hear- question is on the motion offered by Subcommittee on Disability Assistance ings held by our Oversight and Inves- the gentleman from California (Mr. and Memorial Affairs, Congressman tigations Subcommittee, we heard TAKANO) that the House suspend the MIKE BOST from Illinois, for amending from veterans service organizations rules and pass the bill, H.R. 5245, as this bill while it was being considered about the pain and hardship that these amended. in committee to require VA to estab- surprises may bring. The question was taken; and (two- lish a process to allow a veteran to re- Last fiscal year, the VA collected $1.6 thirds being in the affirmative) the move a dependent through eBenefits as billion in debts from veterans. Some- rules were suspended and the bill, as seamlessly as they add a dependent. times these debts result from mistakes amended, was passed. This would remove the bureaucratic in disability payouts, changes in eligi- A motion to reconsider was laid on and archaic hurdles of the current bility, or simple accounting errors that the table. paper-based process and reduce the cre- place an undue, unexpected financial f ation of debts. burden on our veterans. DEPENDABLE EMPLOYMENT AND The remainder of the bill would It is long past the time to clean this LIVING IMPROVEMENTS FOR streamline and improve VBA’s debt issue up. That is why today I am ask- VETERANS ECONOMIC RECOVERY collection process, so veterans have a ing my colleagues to support the ACT transparent understanding of their SHIELD for Veterans Act, which re- rights and how to dispute debts when forms VA debt collection processes and Mr. TAKANO. Madam Speaker, I they do occur. ensures we are making good on the move to suspend the rules and pass the I thank the chairman and ranking promises we have made to our vet- bill (H.R. 7105) to provide flexibility for member of the Subcommittee on Over- erans. the Secretary of Veterans Affairs in sight and Investigation, Congressman The SHIELD Act prevents VA from caring for homeless veterans during a CHRIS PAPPAS from New Hampshire and collecting overpayments that came as covered public health emergency, and General JACK BERGMAN from Michigan, a result of their own delays in proc- for other purposes, as amended. for their work on this bill. I also thank essing and requires the VA to provide The Clerk read the title of the bill. The text of the bill is as follows: Chairman PAPPAS for amending the bill our veterans notice of an overpayment that we reported out of the committee and their plan to collect it. It also re- H.R. 7105 to address late-identified CBO scoring quires VA to notify veterans of their Be it enacted by the Senate and House of Rep- ability to dispute the overpayment or resentatives of the United States of America in issues. Congress assembled, I believe that our bipartisan efforts request a waiver. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. produced a policy that is good for vet- Under this bill, VA will issue a report (a) SHORT TITLE.—This Act may be cited as erans and taxpayers alike, and I en- to Congress on a plan to improve com- the ‘‘Dependable Employment and Living courage my colleagues to join me in munications with our veterans on the Improvements for Veterans Economic Recov- supporting this bill today. debt issue. ery Act’’ or the ‘‘DELIVER Act’’. Madam Speaker, I reserve the bal- The last thing that my constituent (b) TABLE OF CONTENTS.—The table of con- ance of my time. needs, and other constituents need, is tents for this Act is as follows: Mr. TAKANO. Madam Speaker, I to be hounded by debt collectors, espe- Sec. 1. Short title; table of contents. yield 5 minutes to the gentleman from cially if they have done everything TITLE I—ASSISTANCE FOR HOMELESS New Hampshire (Mr. PAPPAS), my good right. VETERANS friend, the chairman of the Sub- This is a bipartisan, commonsense Sec. 101. Flexibility for the Secretary of committee on Oversight and Investiga- bill, and I really want to thank the ma- Veterans Affairs in caring for tions, and also the author of this im- jority and minority staff for their homeless veterans during a covered public health emergency. portant piece of legislation. work. I thank my ranking member, Sec. 102. Expansion of eligibility for HUD– Mr. PAPPAS. Madam Speaker, I General BERGMAN, as well as Congress- VASH. thank the gentleman for yielding. man BOST, for their contributions to Sec. 103. Legal services for homeless vet- Madam Speaker, I thank Chairman helping make this bill better. erans and veterans at risk for TAKANO and Ranking Member ROE for It is simply unacceptable that VA’s homelessness. their words, as well as for their efforts mistakes or inefficiencies are going to Sec. 104. Gap analysis of Department of Vet- to help us get to yes on this important hurt the men and women that they are erans Affairs Programs that provide assistance to women piece of legislation. supposed to serve veterans who are homeless. I rise in support of H.R. 5245, a bill I Madam Speaker, I urge my col- Sec. 105. Improvements to grants and agree- introduced along with my colleague, leagues to support this legislation. ments between the Secretary of Congressman MAX ROSE, to fix some Mr. DAVID P. ROE of Tennessee. Veterans Affairs and entities major problems directly affecting our Madam Speaker, I encourage my col- that provide services to home- veterans. leagues to support this commonsense less veterans. Last year, I heard from one of my bill. It is one of the most common Sec. 106. Repeal of sunset on authority to constituents, New Hampshire veteran carry out program of referral things we hear in our office, about an and counseling services for vet- Jeff Varney, who contacted my office outrageous debt that a veteran owes erans at risk for homelessness for assistance. Jeff, like thousands of back that they didn’t know they owed who are transitioning from cer- other veterans across the country, is because of a bureaucratic snafu. We tain institutions. facing tremendous financial hardship have all heard these cases. Sec. 107. Coordination of case management due to VA errors. I thank my colleagues for bringing services for veterans receiving Jeff was in disbelief when the VA in- this up. We should have done this years housing vouchers under Tribal formed him that he needed to repay ago. HUD-VASH program. Sec. 108. Contracting for HUD-VASH case years of benefit overpayments because Madam Speaker, I encourage my col- managers. of an apparent error that VA made dec- leagues to support this bill, and I yield Sec. 109. Report on HUD-VASH staffing, ades ago. back the balance of my time. training, and data systems. So after a lifetime of service, and Mr. TAKANO. Madam Speaker, I, TITLE II—RETRAINING ASSISTANCE FOR through no fault of his own, Jeff was too, urge passage of this commonsense VETERANS told he is on the hook for more than solution. I very much also appreciate Sec. 201. COVID–19 Veteran Rapid Retrain- $11,000, even though VA produced no the bipartisan agreement that we have ing Assistance Program.

VerDate Sep 11 2014 06:10 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0655 E:\CR\FM\K23SE7.042 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4755 Sec. 202. Access for the Secretaries of Labor rate authorized for State homes for domi- (1) such veterans; and Veterans Affairs to the ciliary care under section 1741 of such title.’’. (2) case managers of the Department of Federal directory of new hires. (2) USE OF PER DIEM PAYMENTS.—During a programs for homeless veterans authorized Sec. 203. Expansion of eligible class of pro- covered public health emergency, a recipient under such chapter; and viders of high technology proof a grant or an eligible entity under the (3) community-based service providers for grams of education for vet- grant and per diem program of the Depart- homeless veterans receiving funds from the erans. ment (in this subsection referred to as the Department through grants or contracts. Sec. 204. Pilot program for off-base transi- ‘‘program’’) may use per diem payments (e) DEFINITIONS.—In this section: tion training for veterans and under sections 2012 and 2061 of title 38, (1) COVERED PUBLIC HEALTH EMERGENCY.— spouses. United States Code, to provide assistance re- The term ‘‘covered public health emergency’’ Sec. 205. Grants for provision of transition quired for safety and survival (such as food, means an emergency with respect to COVID– assistance to members of the shelter, clothing, blankets, and hygiene 19 declared by a Federal, State, or local au- Armed Forces after separation, items) for— thority. retirement, or discharge. (A) homeless veterans; and (2) HOMELESS VETERAN; VETERAN.—The Sec. 206. One-year independent assessment (B) formerly homeless veterans residing in terms ‘‘homeless veteran’’ and ‘‘veteran’’ of the effectiveness of Transi- a facility operated wholly or in part by such tion Assistance Program. a recipient or eligible entity receiving per have the meanings given those terms in sec- Sec. 207. Longitudinal study on changes to diem payments under section 2012 of such tion 2002 of title 38, United States Code. TAP. title. (3) TELEHEALTH.— (A) IN GENERAL.—The term ‘‘telehealth’’ Sec. 208. Department of Veterans Affairs (3) ADDITIONAL TRANSITIONAL HOUSING.— means the use of electronic information and loan fees. (A) IN GENERAL.—During a covered public TITLE I—ASSISTANCE FOR HOMELESS health emergency, under the program, the telecommunications technologies to support VETERANS Secretary may provide amounts for addi- and promote long-distance clinical health tional transitional housing beds to facilitate care, patient and professional health-related SEC. 101. FLEXIBILITY FOR THE SECRETARY OF education, public health, and health admin- VETERANS AFFAIRS IN CARING FOR access to housing and services provided to HOMELESS VETERANS DURING A homeless veterans. istration. ECHNOLOGIES COVERED PUBLIC HEALTH EMER- (B) NOTICE; COMPETITION; PERIOD OF PER- (B) T .—For purposes of sub- GENCY. FORMANCE.—The Secretary may provide paragraph (A), ‘‘telecommunications tech- (a) GENERAL SUPPORT.— amounts under subparagraph (A)— nologies’’ include video conferencing, the (1) USE OF FUNDS.—During a covered public (i) without notice or competition; and internet, streaming media, and terrestrial health emergency, the Secretary of Veterans (ii) for a period of performance determined and wireless communications. Affairs may use amounts appropriated or by the Secretary. (f) EMERGENCY DESIGNATIONS.— otherwise made available to the Department (4) INSPECTIONS AND LIFE SAFETY CODE RE- (1) IN GENERAL.—This section is designated of Veterans Affairs to carry out sections QUIREMENTS.— as an emergency requirement pursuant to 2011, 2012, 2031, and 2061 of title 38, United (A) IN GENERAL.—During a covered public section 4(g) of the Statutory Pay-As-You-Go States Code, to provide to homeless veterans health emergency, the Secretary may waive Act of 2010 (2 U.S.C. 933(g)). and veterans participating in the program any requirement under subsection (b) or (c) (2) DESIGNATION IN SENATE.—In the Senate, carried out under section 8(o)(19) of the of section 2012 of title 38, United States Code, this section is designated as an emergency United States Housing Act of 1937 (42 U.S.C. in order to allow the recipient of a grant or requirement pursuant to section 4112(a) of H. 1437f(o)(19)) (commonly referred to as ‘‘HUD– an eligible entity under the program— Con. Res. 71 (115th Congress), the concurrent VASH’’), as the Secretary determines is (i) to quickly identify temporary alternate resolution on the budget for fiscal year 2018. needed, the following: sites of care for homeless veterans that are (A) Assistance required for safety and sur- SEC. 102. EXPANSION OF ELIGIBILITY FOR HUD– suitable for habitation; VASH. vival (such as food, shelter, clothing, blan- (ii) to facilitate social distancing or isola- kets, and hygiene items). tion needs; or (a) HUD PROVISIONS.—Section 8(o)(19) of (B) Transportation required to support sta- (iii) to facilitate activation or continu- the United States Housing Act of 1937 (42 bility and health (such as for appointments ation of a program for which a grant has U.S.C. 1437f(o)(19)) is amended by adding at with service providers, conducting housing been awarded. the end the following new subparagraph: searches, and obtaining food and supplies). (B) LIMITATION.—The Secretary may waive ‘‘(D) VETERAN DEFINED.—In this paragraph, (C) Communications equipment and serv- a requirement pursuant to the authority pro- the term ‘veteran’ has the meaning given ices (such as tablets, smartphones, dispos- vided by subparagraph (A) with respect to a that term in section 2002(b) of title 38, able phones, and related service plans) re- facility of a recipient of a grant or an eligi- United States Code.’’. quired to support stability and health (such ble entity under the program only if the fa- (b) VHA CASE MANAGERS.—Subsection (b) as maintaining contact with service pro- cility meets applicable local safety require- of section 2003 of title 38, United States Code, viders, prospective landlords, and family). ments, including fire safety requirements. is amended by adding at the end the fol- (D) Such other assistance as the Secretary (c) INSPECTION AND LIFE SAFETY CODE RE- lowing: ‘‘In the case of vouchers provided determines is needed. QUIREMENTS FOR THERAPEUTIC HOUSING.— under the HUD–VASH program under section (2) HOMELESS VETERANS ON LAND OF THE DE- (1) IN GENERAL.—During a covered public 8(o)(19) of such Act, for purposes of the pre- PARTMENT.— health emergency, the Secretary may waive ceding sentence, the term ‘veteran’ shall (A) COLLABORATION.—During a covered any inspection or life safety code require- have the meaning given such term in section public health emergency, to the extent pos- ment under subsection (c) of section 2032 of 2002(b) of this title.’’. sible, the Secretary may collaborate with title 38, United States Code— one or more organizations to manage use of (A) to allow quick identification of tem- (c) ANNUAL REPORT.— land of the Department for homeless vet- porary alternate sites of care for homeless (1) IN GENERAL.—Not less frequently than erans for living and sleeping. veterans that are suitable for habitation; once each year, the Secretary of Veterans (B) ELEMENTS.—Collaboration under sub- (B) to facilitate social distancing or isola- Affairs shall submit to the Committee on paragraph (A) may include the provision by tion needs; or Veterans’ Affairs of the Senate and the Com- either the Secretary or the organization of (C) to facilitate the operation of housing mittee on Veterans’ Affairs of the House of food services and security for property, under such section. Representatives a report on the homeless- buildings, and other facilities owned or con- (2) LIMITATION.—The Secretary may waive ness services provided under programs of the trolled by the Department. a requirement pursuant to the authority pro- Department of Veterans Affairs, including (b) GRANT AND PER DIEM PROGRAM.— vided by paragraph (1) with respect to a resi- services under the program carried out under (1) LIMITS ON RATES FOR PER DIEM PAY- dence or facility referred to in such section section 8(o)(19) of the United States Housing MENTS.—Section 20013(b) of the Coronavirus 2032 only if the residence or facility, as the Act of 1937 (42 U.S.C. 1437f(o)(19)) (commonly Aid, Relief, and Economic Security Act case may be, meets applicable local safety referred to as ‘‘HUD-VASH’’). (Public Law 116–136) is amended— requirements, including fire safety require- (2) INCLUDED INFORMATION.—Each such an- (A) by redesignating paragraphs (1) and (2) ments. nual report shall include, with respect to the as subparagraphs (A) and (B), respectively; (d) ACCESS TO DEPARTMENT OF VETERANS year preceding the submittal of the report— (B) in the matter preceding subparagraph AFFAIRS TELEHEALTH SERVICES.—To the ex- (A) a statement of the number of eligible (A), as so redesignated, by inserting ‘‘(1)’’ be- tent practicable, during a covered public individuals who were furnished such home- fore ‘‘In the case’’; and health emergency, the Secretary shall en- lessness services; (C) by adding at the end the following: sure that veterans participating in or receiv- (B) the number of individuals furnished ‘‘(2) If the Secretary waives any limit on ing services from a program under chapter 20 such services under each such program, grant amounts or rates for per diem pay- of title 38, United States Code, have access disaggregated by the number of men who re- ments under paragraph (1), notwithstanding to telehealth services to which such veterans ceived such services and the number of section 2012(a)(2)(B) of such title, the max- are eligible under the laws administered by women who received such services; and imum rate for per diem payments described the Secretary, including by ensuring that (C) such other information the Secretary in paragraph (1)(B) shall be three times the telehealth capabilities are available to— determines appropriate.

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SEC. 103. LEGAL SERVICES FOR HOMELESS VET- ‘‘(f) LOCATIONS.—To the extent practicable, (2) by adding at the end the following new ERANS AND VETERANS AT RISK FOR the Secretary shall make grants under this clause: HOMELESSNESS. section to eligible entities in a manner that ‘‘(iii) With respect to a homeless veteran (a) IN GENERAL.—Chapter 20 of title 38, is equitably distributed across the geo- who has care of a minor dependent while re- United States Code, is amended by inserting graphic regions of the United States, includ- ceiving services from the grant recipient or after section 2022 the following new section: ing with respect to— eligible entity, the daily cost of care shall be ‘‘§ 2022A. Legal services for homeless veterans ‘‘(1) rural communities; the sum of the daily cost of care determined and veterans at risk for homelessness ‘‘(2) Tribal lands; under subparagraph (A) plus, for each such ‘‘(a) GRANTS.—Subject to the availability ‘‘(3) Native Americans; and minor dependent, an amount that equals 50 of appropriations provided for such purpose, ‘‘(4) Tribal organizations. percent of such daily cost of care.’’. the Secretary of Veterans Affairs shall make ‘‘(g) REPORTS.—On a biennial basis, the (b) REIMBURSEMENT OF CERTAIN FEES.— grants to eligible entities that provide legal Secretary shall submit to the Committees on Such section is further amended by adding at services to homeless veterans and veterans Veterans’ Affairs of the House of Representa- the end the following new subsection: at risk for homelessness. tives and the Senate a report on grants ‘‘(e) REIMBURSEMENT OF ENTITIES FOR CER- ‘‘(b) CRITERIA.—(1) The Secretary shall— under this section. To the extent feasible, TAIN FEES.—The Secretary may reimburse ‘‘(A) establish criteria and requirements each such report shall include the following the recipient of a grant under section 2011, for grants under this section, including cri- with respect to the year covered by the re- 2012, 2013, or 2061 of this title for fees charged teria for entities eligible to receive such port: to that grant recipient for the use of the grants; and ‘‘(1) The number of homeless veterans and homeless management information system ‘‘(B) publish such criteria and require- veterans at risk for homelessness assisted. described in section 402 of the McKinney- ments in the Federal Register. ‘‘(2) A description of the legal services pro- Vento Homeless Assistance Act (Public Law ‘‘(2) In establishing criteria and require- vided. 100–77; 42 U.S.C. 11630a)— ments under paragraph (1), the Secretary ‘‘(3) A description of the legal matters ad- ‘‘(1) in amounts the Secretary determines shall— dressed. to be reasonable; and ‘‘(A) take into consideration any criteria ‘‘(4) An analysis by the Secretary with re- ‘‘(2) if the Secretary determines that the and requirements needed with respect to car- spect to the operational effectiveness and grant recipient is unable to obtain informa- rying out this section in rural communities, cost-effectiveness of the services provided.’’. tion contained in such system through other Tribal lands, and the territories and posses- (b) CLERICAL AMENDMENT.—The table of means and at no cost to the grant recipi- sions of the United States; and sections at the beginning of such chapter is ent.’’. ‘‘(B) consult with organizations that have amended by inserting after the item relating SEC. 106. REPEAL OF SUNSET ON AUTHORITY TO experience in providing services to homeless to section 2022 the following new item: CARRY OUT PROGRAM OF REFER- veterans, including veterans service organi- ‘‘2022A. Legal services for homeless veterans RAL AND COUNSELING SERVICES zations, the Equal Justice Works and veterans at risk for home- FOR VETERANS AT RISK FOR HOME- AmeriCorps Veterans Legal Corps, and other LESSNESS WHO ARE TRANSITIONING lessness.’’. FROM CERTAIN INSTITUTIONS. organizations the Secretary determines ap- (c) CRITERIA.—Not later than 180 days after Section 2023 of title 38, United States Code, propriate. the date of the enactment of this Act, the is amended— ‘‘(c) ELIGIBLE ENTITIES.—The Secretary Secretary of Veterans Affairs shall establish (1) by striking subsection (d); and may make a grant under this section to an the criteria and requirements in the Federal (2) by redesignating subsection (e) as sub- entity applying for such a grant only if the Register pursuant to subsection (b)(1) of sec- section (d). applicant for the grant— tion 2022A of title 38, United States Code, as ‘‘(1) is a public or nonprofit private entity added by subsection (a). SECTION 107. COORDINATION OF CASE MANAGE- with the capacity (as determined by the Sec- MENT SERVICES FOR VETERANS RE- SEC. 104. GAP ANALYSIS OF DEPARTMENT OF CEIVING HOUSING VOUCHERS retary) to effectively administer a grant VETERANS AFFAIRS PROGRAMS UNDER TRIBAL HUD-VASH PRO- under this section; THAT PROVIDE ASSISTANCE TO GRAM. ‘‘(2) demonstrates that adequate financial WOMEN VETERANS WHO ARE HOME- Section 2003 of title 38, United States Code, LESS. support will be available to carry out the is amended by adding at the end the fol- services for which the grant is sought con- (a) IN GENERAL.—The Secretary of Vet- erans Affairs shall complete an analysis of lowing new subsection: sistent with the application; ‘‘(c) MOU ON IHS ASSISTANCE.—The Sec- programs of the Department of Veterans Af- ‘‘(3) agrees to meet the applicable criteria retary may enter into a memorandum of un- fairs that provide assistance to women vet- and requirements established under sub- derstanding with the Secretary of Health erans who are homeless or precariously section (b)(1); and and Human Services under which case man- housed to identify the areas in which such ‘‘(4) has, as determined by the Secretary, agers of the Indian Health Service may pro- programs are failing to meet the needs of demonstrated the capacity to meet such cri- vide case management assistance to veterans such women. teria and requirements. (b) REPORT.—Not later than 270 days after who receive housing vouchers under the ‘‘(d) USE OF FUNDS.—Grants under this sec- the date of the enactment of this Act, the Tribal HUD-VASH program of the Depart- tion shall be used to provide homeless vet- Secretary shall submit to the Committee on ment of Housing and Urban Development.’’. erans and veterans at risk for homelessness Veterans’ Affairs of the Senate and the Com- SEC. 108. CONTRACTING FOR HUD-VASH CASE the following legal services: mittee on Veterans’ Affairs of the House of MANAGERS. ‘‘(1) Legal services related to housing, in- Representatives a report on the analysis (a) IN GENERAL.—Section 304 of the Hon- cluding eviction defense, representation in completed under subsection (a). oring America’s Veterans and Caring for landlord-tenant cases, and representation in Camp Lejeune Families Act of 2012 (Public foreclosure cases. SEC. 105. IMPROVEMENTS TO GRANTS AND AGREEMENTS BETWEEN THE SEC- Law 112–154; 38 U.S.C. 2041 note) is amended— ‘‘(2) Legal services related to family law, RETARY OF VETERANS AFFAIRS AND (1) in subsection (a)— including assistance in court proceedings for ENTITIES THAT PROVIDE SERVICES (A) by inserting ‘‘(1)’’ before ‘‘The Sec- child support, divorce, estate planning, and TO HOMELESS VETERANS. retary’’; family reconciliation. (a) INCREASE IN PER DIEM PAYMENTS.—Sub- (B) by adding at the end the following new ‘‘(3) Legal services related to income sup- section (a)(2)(B) of section 2012 of title 38, paragraphs: port, including assistance in obtaining pub- United States Code, is amended— ‘‘(2)(A) Subject to subparagraphs (B) and lic benefits. (1) by striking clause (i) and inserting the (C), the director of a covered medical center ‘‘(4) Legal services related to criminal de- following: shall seek to enter into a contract or agree- fense, including defense in matters sympto- ‘‘(i) Except as provided in clause (ii) or (iii) ment described in paragraph (1). matic of homelessness, such as outstanding and subject to the availability of appropria- ‘‘(B) A contract or agreement under sub- warrants, fines, and driver’s license revoca- tions, the Secretary shall determine the rate paragraph (A) may require that a case man- tion, to reduce recidivism and facilitate the under this paragraph, which— ager employed by an eligible entity have cre- overcoming of reentry obstacles in employ- ‘‘(I) may not— dentials equivalent to those of a case man- ment or housing. ‘‘(aa) be lower than the amount in effect ager of the Department. ‘‘(5) Legal services related to requests to under this clause as in effect immediately ‘‘(C) The Secretary may waive the require- upgrade the characterization of a discharge preceding the enactment of the Dependable ment under subparagraph (A) if the Sec- or dismissal of a former member of the Employment and Living Improvements for retary determines that fulfilling such re- Armed Forces under section 1553 of title 10. Veterans Economic Recovery Act; or quirement is infeasible. If the Secretary ‘‘(6) Such other legal services as the Sec- ‘‘(bb) exceed the amount that is 115 percent grants such a waiver, the Secretary shall retary determines appropriate. of the rate authorized for State homes for submit, not later than 90 days after granting ‘‘(e) FUNDS FOR WOMEN VETERANS.—For domiciliary care under subsection (a)(1)(A) of such waiver, to the Committees on Veterans’ any fiscal year, not less than 10 percent of section 1741 of this title, as the Secretary Affairs of the Senate and House of Rep- the amount authorized to be appropriated for may increase from time to time under sub- resentatives, a report containing— grants under this section shall be used to section (c) of that section; and ‘‘(i) an explanation of that determination; provide legal services described in subsection ‘‘(II) may be determined on the basis of lo- ‘‘(ii) a plan to increase the number of case (d) to women veterans. cality.’’; and managers of the Department; and

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Such retraining as- (B) STUDY REQUIRED.—The Secretary of medical center’ means a medical center of sistance shall be in addition to any other en- Veterans Affairs shall enter into an agree- the Department that the Secretary deter- titlement to educational assistance or bene- ment with a federally funded research and mines— fits for which a veteran is, or has been, eligi- development corporation or another appro- ‘‘(i) had more than 15 percent of all vouch- ble. priate non-Department entity for the con- ers allocated to that medical center under (b) ELIGIBLE VETERANS.— duct of a study to determine which occupa- the program described in paragraph (1) (1) IN GENERAL.—For purposes of this sections are high-demand occupations. Such through the fiscal year preceding such deter- tion, the term ‘‘eligible veteran’’ means a study shall be completed not later than 90 mination go unused due to a lack of case veteran who— days after the date of the enactment of this management services provided by the Sec- (A) as of the date of the receipt by the De- Act. retary; and partment of Veterans Affairs of the applica- (C) FINAL LIST.—The Secretary— ‘‘(ii) has a case manager position that has tion for assistance under this section, is at (i) may add or remove occupation from the been vacant for at least nine consecutive least 22 years of age but not more than 66 list in use pursuant to subparagraph (A) dur- months immediately preceding the date of years of age; ing the 90-day period following the comple- such determination.’’; and (B) as of such date, is unemployed by rea- tion of the study required by subparagraph (2) in subsection (b)(2)— son of the covered public health emergency, (B); (A) in the matter before subparagraph (A), as certified by the veteran; (ii) shall issue a final list of high-demand by striking ‘‘, including because—’’ and in- (C) as of such date, is not eligible to re- occupations for use under this section by not serting a period; and ceive educational assistance under chapter later than 90 days after the date of the com- (B) by striking subparagraphs (A), (B), and 30, 31, 32, 33, or 35 of title 38, United States pletion of the study; and (C). Code, or chapter 1606 of title 10, United (iii) shall make such final list publicly (b) EFFECTIVE DATE.—The amendments States Code; available on a website of the Department. made by this section shall take effect on the (D) is not enrolled in any Federal or State (D) USE OF LIST.—The Secretary shall use first day of the first fiscal year to begin on jobs program; the list developed under this paragraph in or after the date of the enactment of this (E) is not in receipt of compensation for a order to apply the requirement that retrain- Act. service-connected disability rated totally ing assistance under this section is used for SEC. 109. REPORT ON HUD-VASH STAFFING, disabling by reason of unemployability; and training for a high-demand occupation, but TRAINING, AND DATA SYSTEMS. (F) will not be in receipt of unemployment the Secretary may remove occupations from Not later than 180 days after the date of compensation (as defined in section 85(b) of the list as the Secretary determines appro- the enactment of this Act, and every three the Internal Revenue Code of 1986), including priate. years thereafter, the Secretary of Veterans any cash benefit received pursuant to sub- (4) FULL-TIME DEFINED.—For purposes of Affairs shall submit to the Committees on title A of title II of division A of the CARES this subsection, the term ‘‘full-time’’ has the Veterans’ Affairs of the House of Representa- Act (Public Law 116–136), as of the first day meaning given such term under section 3688 tives and the Senate a report that includes on which the veteran would receive a hous- of title 38, United States Code. the following: ing stipend payment under this section. (1) An assessment of the hiring needs of the (2) TREATMENT OF VETERANS WHO TRANSFER (d) AMOUNT OF ASSISTANCE.— program carried out under section 8(o)(19) of ENTITLEMENT.—For purposes of paragraph (1) RETRAINING ASSISTANCE.—The Secretary the United States Housing Act of 1937 (42 (1)(C), a veteran who has transferred all of of Veterans Affairs shall provide to an eligi- U.S.C. 1437f(o)(19)) (commonly referred to as the veteran’s entitlement to educational as- ble veteran pursuing a covered program of ‘‘HUD-VASH’’), including— sistance under section 3319 of title 38, United education under the retraining assistance (A) identification of the number of HUD- States Code, shall be considered to be a vet- program under this section an amount equal VASH case managers as of the date of the re- eran who is not eligible to receive edu- to the amount of educational assistance pay- port including— cational assistance under chapter 33 of such able under section 3313(c)(1)(A) of title 38, (i) the total number of vacancies; and title. United States Code, for each month the vet- (ii) the vacancies at each medical center of (3) FAILURE TO COMPLETE.—A veteran who eran pursues the covered program of edu- the Department of Veterans Affairs; receives retraining assistance under this sec- cation. Such amount shall be payable di- (B) the number of HUD-VASH case man- tion to pursue a program of education and rectly to the educational institution offering agers that the Secretaries of Veterans Af- who fails to complete the program of edu- the covered program of education pursued by fairs and Housing and Urban Development cation shall not be eligible to receive addi- the veteran as follows: determine necessary to meet the needs of the tional assistance under this section. (A) 50 percent of the total amount payable Department and program; and (c) COVERED PROGRAMS OF EDUCATION.— shall be paid when the eligible veteran be- (C) the amount of turnover among HUD- (1) IN GENERAL.—For purposes of this sec- gins the program of education. VASH case managers and whether the turn- tion, a covered program of education is a (B) 25 percent of the total amount payable over was planned or unexpected. program of education (as such term is de- shall be paid when the eligible veteran com- (2) An assessment of how compensation, in- fined in section 3452(b) of title 38, United pletes the program of education. cluding recruitment and retention incen- States Code) for training, pursued on a full- (C) 25 percent of the total amount payable tives, for HUD-VASH case managers affects time or part-time basis— shall be paid when the eligible veteran finds turnover, and what percentage of retention (A) that— employment in a field related to the pro- compensation is provided to case managers (i) is approved under chapter 36 of such gram of education. at each medical center of the Department of title; (2) FAILURE TO COMPLETE.— Veterans Affairs (compared to other posi- (ii) does not lead to a bachelors or grad- (A) PRO-RATED PAYMENTS.—In the case of a tions). uate degree; and veteran who pursues a covered program of (3) A comparison of compensation de- (iii) is designed to provide training for a education under the retraining assistance scribed in paragraph (2) with the compensa- high-demand occupation, as determined program under this section, but who does not tion provided to State, local, and nongovern- under paragraph (3); or complete the program of education, the Sec- mental housing employees at comparable (B) that is a high technology program of retary shall pay to the educational institu- training and experience levels. education offered by a qualified provider, tion offering such program of education a (4) Examples of how the Departments have under the meaning given such terms in sec- pro-rated amount based on the number of worked with non-Federal partners (such as tion 116 of the Harry W. Colmery Veterans months the veteran pursued the program of local governments, nongovernmental organi- Educational Assistance Act of 2017 (Public education in accordance with this paragraph. zations, veterans service organizations, and Law 115–48; 38 U.S.C. 3001 note). (B) PAYMENT OTHERWISE DUE UPON COMPLE- employee unions) to meet the staffing needs (2) ACCREDITED PROGRAMS.—In the case of TION OF PROGRAM.—The Secretary shall pay of the HUD-VASH program. an accredited program of education, the pro- to the educational institution a pro-rated (5) Examples of how medical centers of the gram of education shall not be considered a amount under paragraph (1)(B) when the vet- Department of Veterans Affairs with high recovered program of education under this sec- eran provides notice to the educational insti- tention rates for HUD-VASH case managers tion if the program has received a show tution that the veteran no longer intends to have been able to maintain their staffing cause order from the accreditor of the pro- pursue the program of education. levels. gram during the five-year period preceding (C) NONRECOVERY FROM VETERAN.—In the TITLE II—RETRAINING ASSISTANCE FOR the date of the enactment of this Act. case of a veteran referred to in subparagraph VETERANS (3) DETERMINATION OF HIGH-DEMAND OCCUPA- (A), the educational institution may not SEC. 201. COVID–19 VETERAN RAPID RETRAINING TIONS.— seek payment from the veteran for any ASSISTANCE PROGRAM. (A) INITIAL IMPLEMENTATION.—In carrying amount that would have been payable under (a) IN GENERAL.—The Secretary of Vet- out this section, the Secretary shall use the paragraph (1)(B) had the veteran completed erans Affairs shall carry out a program list of high-demand occupations compiled by the program of education. under which the Secretary shall provide up the Commissioner of Labor Statistics until (D) PAYMENT DUE UPON EMPLOYMENT.—

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(i) VETERANS WHO FIND EMPLOYMENT.—In (1) IN GENERAL.—The Secretary of Veterans (3) The term ‘‘active service’’ has the the case of a veteran referred to in subpara- Affairs shall seek to enter into a memo- meaning given such term in section 101 of graph (A) who finds employment in a field randum of understanding with one or more title 10, United States Code. related to the program of education during qualified nonprofit organizations for the pur- (n) FUNDING.— the 180-day period beginning on the date on pose of facilitating the employment of vet- (1) IN GENERAL.—For each fiscal year for which the veteran withdraws from the pro- erans who participate in the retraining as- which the Secretary provides retraining as- gram of education, the Secretary shall pay sistance program under this section. sistance under this section, such sums as to the educational institution a pro-rated (2) QUALIFIED NONPROFIT ORGANIZATION.— may be necessary shall be made available for amount under paragraph (1)(C) when the vet- For purposes of this subsection, a qualified such assistance from funds appropriated to, eran finds such employment. nonprofit organization is a nonprofit organi- or otherwise made available to, the Depart- (ii) VETERANS WHO DO NOT FIND EMPLOY- zation that— ment for the payment of readjustment bene- MENT.—In the case of a veteran referred to in (A) is an association of businesses; and fits. subparagraph (A) who does not find employ- (B) has at least two years of experience (2) ADMINISTRATIVE COSTS.—There is au- ment in a field related to the program of providing job placement services for vet- thorized to be appropriated $15,000,000 to education during the 180-day period begin- erans. carry out administrative functions of this ning on the date on which the veteran with- (h) FOLLOW UP OUTREACH.—The Secretary section. draws from the program of education— of Veterans Affairs, in coordination with the (o) INITIATION OF PAYMENTS.—The Sec- (I) the Secretary shall not make a payment Secretary of Labor shall contact each vet- retary may begin providing retraining assist- to the educational institution under para- eran who completes a covered program of ance under this section on the date that is graph (1)(C); and education under the retraining assistance 180 days after the date of the enactment of (II) the educational institution may not program under this section 30, 60, 90, and 180 this Act. seek payment from the veteran for any days after the veteran completes such pro- SEC. 202. ACCESS FOR THE SECRETARIES OF amount that would have been payable under gram of education to ask the veteran about LABOR AND VETERANS AFFAIRS TO paragraph (1)(C) had the veteran found em- the experience of the veteran in the retrain- THE FEDERAL DIRECTORY OF NEW HIRES. ployment during such 180-day period. ing assistance program and the veteran’s em- Section 453A(h) of the Social Security Act (3) HOUSING STIPEND.—For each month that ployment status. (42 U.S.C. 653a(h)) is amended by adding at an eligible veteran pursues a covered pro- (i) QUARTERLY REPORTS.—Not later than the end the following new paragraph: gram of education under the retraining as- the date that is one year after the date of the ‘‘(4) VETERAN EMPLOYMENT.—The Secre- sistance program under this section, the Sec- enactment of this Act, and quarterly there- taries of Labor and of Veterans Affairs shall retary shall pay to the veteran a monthly after, the Secretary of Labor shall submit to have access to information reported by em- housing stipend in an amount equal to— the Committees on Veterans’ Affairs of the ployers pursuant to subsection (b) of this (A) in the case of a covered program of edu- Senate and House of Representatives a re- section for purposes of tracking employment cation leading to a degree, or a covered pro- port containing the following information of veterans.’’. gram of education not leading to a degree, at about veterans who participate in the re- an institution of higher learning (as that SEC. 203. EXPANSION OF ELIGIBLE CLASS OF training assistance program under this sec- PROVIDERS OF HIGH TECHNOLOGY term is defined in section 3452(f) of title 38, tion: PROGRAMS OF EDUCATION FOR United States Code) pursued on more than a (1) The percentage of such veterans who VETERANS. half-time basis, the amount specified under found employment before the end of the sec- Section 116 of the Harry W. Colmery Vet- subsection (c)(1)(B) of section 3313 of title 38, ond calendar quarter after exiting the pro- erans Educational Assistance Act of 2017 United States Code; gram. (Public Law 115–48; 38 U.S.C. 3001 note) is (B) in the case of a covered program of edu- (2) The percentage of such veterans who amended— cation other than a program of education found employment before the end of the (1) in subsection (b), by adding at the end leading to a degree at an institution other fourth calendar quarter after exiting the pro- the following: ‘‘The Secretary shall treat an than an institution of higher learning pur- gram. individual as an eligible veteran if the Sec- sued on more than a half-time basis, the (3) The median earnings of all such vet- retary determines that the individual shall amount specified under subsection erans for the second quarter after exiting the become an eligible veteran fewer than 180 (g)(3)(A)(ii) of such section; or program. days after the date of such determination. If (C) in the case of a covered program of edu- (4) The percentage of such veterans who at- an individual treated as an eligible veteran cation pursued on less than a half-time basis, tain a recognized postsecondary credential by reason of the preceding sentence does or a covered program of education pursued during the 12-month period after exiting the anything to make the veteran ineligible dur- solely through distance learning on more program. ing the 180-day period referred to in such than a half-time basis, the amount specified (j) LIMITATION.—Not more than 17,250 eligi- sentence, the Secretary may require the vet- under subsection (c)(1)(B)(iii) of such section. ble veterans may receive retraining assist- eran to repay any benefits received by such (4) FAILURE TO FIND EMPLOYMENT.—The ance under this section. veteran by reason of such sentence.’’; Secretary shall not make a payment under (k) TERMINATION.—No retraining assistance (2) in subsection (c)— paragraph (1)(C) with respect to an eligible may be paid under this section after the date (A) in paragraph (3)(A), by striking ‘‘has veteran who completes or fails to complete a that is 21 months after the date of the enact- been operational for at least 2 years’’ and in- program of education under the retraining ment of this Act. serting ‘‘employs instructors whom the Sec- assistance program under this section if the (l) GAO REPORT.—Not later than 180 days retary determines are experts in their re- veteran fails to find employment in a field after the termination of the retraining as- spective fields in accordance with paragraph related to the program of education within sistance program under subsection (k), the (6)’’; and the 180-period beginning on the date on Comptroller General shall submit to the (B) by adding at the end the following new which the veteran withdraws from or com- Committees on Veterans’ Affairs of the Sen- paragraph: pletes the program. ate and House of Representatives a report on ‘‘(6) EXPERTS.—The Secretary shall deter- (e) NO TRANSFERABILITY.—Retraining as- the outcomes and effectiveness of the pro- mine whether instructors are experts under sistance provided under this section may not gram. paragraph (3)(A) based on evidence furnished be transferred to another individual. (m) DEFINITIONS.—In this section: to the Secretary by the provider regarding (f) EMPLOYMENT ASSISTANCE.— (1) The term ‘‘covered public health emer- the ability of the instructors to— (1) IN GENERAL.—The Secretary of Labor gency’’ means the declaration— ‘‘(A) identify professions in need of new shall contact each veteran who pursues a (A) of a public health emergency, based on employees to hire, tailor the programs to covered program of education under this sec- an outbreak of COVID–19 by the Secretary of meet market needs, and identify the employ- tion— Health and Human Services under section 319 ers likely to hire graduates; (A) not later than 30 days after the date on of the Public Health Service Act (42 U.S.C. ‘‘(B) effectively teach the skills offered to which the veteran begins the program of edu- 247d); or eligible veterans; cation to notify the veteran of the avail- (B) of a domestic emergency, based on an ‘‘(C) provide relevant industry experience ability of employment placement services outbreak of COVID–19 by the President, the in the fields of programs offered to incoming upon completion of the program; and Secretary of Homeland Security, or State, or eligible veterans; and (B) not later than 14 days after the date on local authority. ‘‘(D) demonstrate relevant industry experi- which the veteran completes, or terminates (2) The term ‘‘veteran’’ means— ence in such fields of programs.’’; participation in, such program to facilitate (A) a person who served in the active mili- (3) in subsection (d), in the matter pre- the provision of employment placement serv- tary, naval, or air service, and who was dis- ceding paragraph (1)— ices to such veteran. charged or released therefrom under condi- (A) by inserting ‘‘(not including an indi- (2) PROVISION OF INFORMATION.—The Sec- tions other than dishonorable; or vidual described in the second sentence of retary of Veterans Affairs shall provide to (B) a member of a reserve component of subsection (b))’’ after ‘‘each eligible vet- the Secretary of Labor such information as the Armed Forces who performs active serv- eran’’; and may be necessary to carry out paragraph (1). ice for a period of 30 days or longer by reason (B) by inserting ‘‘or part-time’’ after ‘‘full- (g) NONPROFIT ORGANIZATION.— of the covered public health emergency. time’’;

VerDate Sep 11 2014 06:10 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\A23SE7.013 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4759 (4) in subsection (g), by striking assistance, interview training, job recruit- (11) other topics the Secretary and the cov- ‘‘$15,000,000’’ and inserting ‘‘$45,000,000’’; and ment training, and related services leading ered officials determine would aid members (5) by adding at the end the following new directly to successful transition, as deter- of the Armed Forces as they transition to ci- subsection (i): mined by the Secretary. vilian life. ‘‘(i) PROHIBITION ON CERTAIN ACCOUNTING OF (c) ELIGIBLE ORGANIZATIONS.—To be eligi- (b) REPORT.—Not later than 90 days after ASSISTANCE.—The Secretary may not con- ble for a grant under this section, an organi- the completion of the independent assess- sider enrollment in a high technology pro- zation shall submit to the Secretary an ap- ment under subsection (a), the Secretary and gram of education under this section to be plication containing such information and the covered officials, shall submit to the assistance under a provision of law referred assurances as the Secretary, in consultation Committees on Veterans’ Affairs of the Sen- to in section 3695 of title 38, United States with the Secretary of Labor, may require. ate and House of Representatives and the Code.’’. (d) PRIORITY.—In making grants under this Committees on Armed Services of the Senate section, the Secretary shall give priority to SEC. 204. PILOT PROGRAM FOR OFF-BASE TRAN- and House of Representatives— an organization that— SITION TRAINING FOR VETERANS (1) the findings and recommendations (in- (1) provides multiple forms of services de- AND SPOUSES. cluding recommended legislation) of the scribed in subsection (b); or (a) EXTENSION OF PILOT PROGRAM.—Sub- independent assessment prepared by the en- (2) is located in a State with— section (a) of section 301 of the Dignified tity described in subsection (a); and (A) a high rate of veteran unemployment; Burial and Other Veterans’ Benefits Im- (2) responses of the Secretary and the cov- (B) a high rate of usage of unemployment provement Act of 2012 (Public Law 112–260; 10 ered officials to the findings and rec- benefits for recently separated members of U.S.C. 1144 note) is amended— ommendations described in paragraph (1). (1) by striking ‘‘During the two-year period the Armed Forces; or (C) a labor force or economy that has been (c) DEFINITIONS.—In this section: beginning on the date of the enactment of (1) The term ‘‘covered officials’’ means— this Act’’ and inserting ‘‘During the 5-year significantly impacted by the covered public health emergency (as such term is defined in (A) the Secretary of Defense; period beginning on the date of the enact- (B) the Secretary of Labor; ment of the Dependable Employment and section 201(l)(1)). (e) AMOUNT OF GRANT.—A grant under this (C) the Administrator of the Small Busi- Living Improvements for Veterans Economic section shall be in an amount that does not ness Administration; and Recovery Act’’; and exceed 50 percent of the amount required by (D) the Secretaries of the military depart- (2) by striking ‘‘to assess the feasibility the organization to provide the services de- ments. and advisability of providing such program scribed in subsection (b). (2) The term ‘‘military department’’ has to eligible individuals at locations other (f) DEADLINE.—The Secretary shall carry the meaning given that term in section 101 of than military installations’’. out this section not later than six months title 10, United States Code. (b) LOCATIONS.—Subsection (c) of such sec- after the effective date of this Act. SEC. 207. LONGITUDINAL STUDY ON CHANGES TO tion is amended— (g) TERMINATION.—The authority to pro- TAP. (1) in paragraph (1), by striking ‘‘not less vide a grant under this section shall termi- (a) STUDY.—Not later than 90 days after than three and not more than five States’’ nate on the date that is five years after the the date of the enactment of this Act, the and inserting ‘‘not fewer than 50 locations in date on which the Secretary implements the Secretary of Veterans Affairs, in consulta- States (as defined in section 101 of title 38, grant program under this section. tion with the Secretaries of Defense and United States Code)’’; (h) AUTHORIZATION OF APPROPRIATIONS.— Labor and the Administrator of the Small (2) in paragraph (2), by striking ‘‘at least There is authorized to be appropriated Business Administration, shall conduct a two’’ and inserting ‘‘at least 20’’; and $10,000,000 to carry out this section. five-year longitudinal study regarding the (3) by adding at the end the following new SEC. 206. ONE-YEAR INDEPENDENT ASSESSMENT Transition Assistance Program under sec- paragraphs: OF THE EFFECTIVENESS OF TRANSI- tions 1142 and 1144 of title 10, United States ‘‘(5) PREFERENCES.—In selecting States for TION ASSISTANCE PROGRAM. Code (in this section referred to as ‘‘TAP’’), participation in the pilot program, the Sec- (a) INDEPENDENT ASSESSMENT.—Not later on three separate cohorts of members of the retary shall provide a preference for any than 90 days after the date of the enactment Armed Forces who have separated from the State with— of this Act, the Secretary of Veterans Af- Armed Forces, including— ‘‘(A) a high rate of usage of unemployment fairs, in consultation with the covered offi- (1) a cohort that has attended TAP coun- benefits for recently separated members of cials, shall enter into an agreement with an seling as implemented on the date of the en- the Armed Forces; or appropriate entity with experience in adult actment of this Act; ‘‘(B) a labor force or economy that has education to carry out a one-year inde- (2) a cohort that attends TAP counseling been significantly impacted by the covered pendent assessment of the Transition Assist- ance Program under sections 1142 and 1144 of after the Secretaries of Defense and Labor public health emergency. title 10, United States Code (in this section implement changes recommended in the re- ‘‘(6) COVERED PUBLIC HEALTH EMERGENCY.— referred to as ‘‘TAP’’), including— port under section 206(b); and In this subsection, the term ‘covered public (1) the effectiveness of TAP for members of (3) a cohort that has not attended TAP health emergency’ means the declaration— each military department during the entire counseling. ‘‘(A) of a public health emergency, based military life cycle; (b) PROGRESS REPORTS.—Not later than 90 on an outbreak of COVID–19 by the Sec- (2) the appropriateness of the TAP career days after the date that is one year after the retary of Health and Human Services under readiness standards; date of the initiation of the study under subsection 319 of the Public Health Service Act (3) a review of information that is provided section (a) and annually thereafter for the (42 U.S.C. 247d); or to the Department of Veterans Affairs under three subsequent years, the Secretaries of ‘‘(B) of a domestic emergency, based on an TAP, including mental health data; Veterans Affairs, Defense, and Labor, and outbreak of COVID–19 by the President, the (4) whether TAP effectively addresses the the Administrator of the Small Business Ad- Secretary of Homeland Security, or State, or challenges veterans face entering the civil- ministration, shall submit to the Commit- local authority.’’. ian workforce and in translating experience tees on Veterans’ Affairs of the Senate and (c) ANNUAL REPORT.—Subsection (e) of and skills from military service to the job House of Representatives and the Commit- such section is amended by adding at the end market; tees on Armed Services of the Senate and the following new sentence: ‘‘Each such re- (5) whether TAP effectively addresses the House of Representatives a progress report of port shall include information about the em- challenges faced by the families of veterans activities under the study during the imme- ployment outcomes of the eligible individ- making the transition to civilian life; diately preceding year. uals who received such training during the (6) appropriate metrics regarding TAP out- (c) FINAL REPORT.—Not later than 180 days year covered by the report.’’. comes for members of the Armed Forces one after the completion of the study under sub- (d) CONFORMING REPEAL.—Subsection (f) of such section is repealed. year after separation, retirement, or dis- section (a), the Secretaries of Veterans Af- charge from the Armed Forces; fairs, Defense, and Labor, and the Adminis- SEC. 205. GRANTS FOR PROVISION OF TRANSI- trator of the Small Business Administration, TION ASSISTANCE TO MEMBERS OF (7) what the Secretary, in consultation THE ARMED FORCES AFTER SEPA- with the covered officials and veterans serv- shall submit to the Committees on Veterans’ RATION, RETIREMENT, OR DIS- ice organizations determine to be successful Affairs of the Senate and House of Rep- CHARGE. outcomes for TAP; resentatives and the Committees on Armed (a) IN GENERAL.—The Secretary of Vet- (8) whether members of the Armed Forces Services of the Senate and House of Rep- erans Affairs shall make grants to eligible achieve successful outcomes for TAP, as de- resentatives a report of final findings and organizations for the provision of transition termined under paragraph (7); recommendations based on the study. assistance to members of the Armed Forces (9) how the Secretary and the covered offi- (d) ELEMENTS.—The final report under sub- who are separated, retired, or discharged cials provide feedback to each other regard- section (c) shall include information regard- from the Armed Forces, and spouses of such ing such outcomes; ing the following: members. (10) recommendations for the Secretaries (1) The percentage of each cohort that re- (b) USE OF FUNDS.—The recipient of a grant of the military departments regarding how ceived unemployment benefits during the under this section shall use the grant to pro- to improve outcomes for members of the study. vide to members of the Armed Forces and Armed Forces after separation, retirement, (2) The numbers of months members of spouses described in subsection (a) resume and discharge; and each cohort were employed during the study.

VerDate Sep 11 2014 06:10 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A23SE7.013 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4760 CONGRESSIONAL RECORD — HOUSE September 23, 2020 (3) Annual starting and ending salaries of (6) The annual income of members of each (11) Other criteria the Secretaries and the members of each cohort who were employed cohort. Administrator of the Small Business Admin- during the study. (7) The total household income of members istration determine appropriate. (4) How many members of each cohort en- of each cohort. (8) How many members of each cohort own SEC. 208. DEPARTMENT OF VETERANS AFFAIRS rolled in an institution of higher learning, as LOAN FEES. that term is defined in section 3452(f) of title their principal residences. 38, United States Code. (9) How many dependents that members of The loan fee table in section 3729(b)(2) of (5) The academic credit hours, degrees, and each cohort have. title 38, United States Code, is amended by (10) The percentage of each cohort that certificates obtained by members of each co- striking subparagraph (E) and inserting the achieves a successful outcome for TAP, as following: hort during the study. determined under section 206(a)(7).

(E)(i) Interest rate reduction refi- 0.50 0.50 NA nancing loan issued before Janu- ary 1, 2021

(E)(ii) Interest rate reduction refi- 0.85 0.85 NA nancing loan issued on or after January 1, 2021, and before Janu- ary 15, 2027

(E)(iii) Interest rate reduction refi- 0.50 0.50 NA nancing loan issued on or after January 15, 2027

The SPEAKER pro tempore. Pursu- The section also allows VA flexibility erative agreements would only be ant to the rule, the gentleman from to more quickly pay out grant and per available to highly rated public or non- California (Mr. TAKANO) and the gen- diem payments. This means housing profit entities. tleman from Tennessee (Mr. DAVID P. more veterans more quickly. Additionally, Representative WILD ROE) each will control 20 minutes. Finally, Mr. LEVIN’s bill authorizes has included legislation to ensure that The Chair recognizes the gentleman VA to use resources to contract at least 10 percent of the funds made from California. healthcare services for veterans in the available each fiscal year for this grant GENERAL LEAVE Health Care for Homeless Veterans, or program must be reserved for providing Mr. TAKANO. Madam Speaker, I ask HCHV, program during a public health legal services to homeless women vet- unanimous consent that all Members emergency. erans. may have 5 legislative days in which to As we know, women veterans are the b 1315 revise and extend their remarks and to fastest growing population of homeless insert extraneous material on H.R. These are crucial improvements that veterans, and I thank Representative 7105, as amended. VA has asked for, and we stand with PANETTA and Representative WILD for The SPEAKER pro tempore. Is there them to deliver this assistance. their work on this section. objection to the request of the gen- Now, section 102 of this legislation Section 104 of the underlying bill in- tleman from California? represents H.R. 2398 from Representa- cludes Representative BEATTY’s legisla- There was no objection. tive SCOTT PETERS. His Veteran tion to carry out a gap analysis study Mr. TAKANO. Madam Speaker, I HOUSE Act would finally expand HUD- to determine if VA programs are prop- yield myself such time as I may con- VASH to cover veterans with other- erly serving homeless women veterans. sume. than-honorable discharges. Section 105 of the legislation rep- Madam Speaker, I rise in support of Veterans with other-than-honorable resents bipartisan legislation just in- H.R. 7105, as amended, the DELIVER discharges make up 3 percent of the troduced by Minority Leader MCCAR- Act. population, but they compose 15 per- THY and Chairman LEVIN. Their legisla- H.R. 7105, as amended, was intro- cent of the homeless veteran popu- tion, the Reducing Veteran Homeless- duced by Representative MIKE LEVIN, lation. There is no question that this chairman of the Subcommittee on Eco- ness Act, would encourage VA to con- commonsense expansion of the pro- nomic Opportunity, in June of this tract out vacant HUD-VASH case- gram would mean fewer homeless vet- year. But the package before us encom- worker positions, increase the grant erans, and I thank Representative passes many of the issues his sub- per diem rates, and allow grant per PETERS for his tireless work on this committee has worked on to reduce diem participants to gain access to the homelessness and improve employment section. homeless management information Now, included in section 103 of the opportunities for veterans. systems. This will make our commu- This bipartisan package encompasses bill is H.R. 3749, Representative PA- nity providers more effective at deliv- seven bipartisan, bicameral pieces of NETTA’s Legal Services for Homeless ering for their communities. legislation to improve the lives of vet- Veterans Act. This would authorize VA Section 105 also includes Representa- erans experiencing hardships. to provide grants or enter into cooperative BROWNLEY’s Homeless Veteran First, section 101 of this package in- tive agreements with eligible entities Families Act. cludes Chairman LEVIN’s Homeless that provide legal services to homeless Many homeless veterans with chil- Veterans Coronavirus Response Act. veterans and veterans at risk for home- dren are unable to obtain transitional This section includes temporary au- lessness. housing and support assistance through thorities for the Department of Vet- Madam Speaker, according to com- the program because providers only re- erans Affairs to effectively assist vet- munity organizations, legal services ceive payments from the VA for the erans during this difficult time. are one of the top unmet needs for veteran, not their minor dependents. Madam Speaker, that means giving homeless veterans. Under this section, This section would authorize VA to pay VA the ability to serve more meals and VA would be required to consult with a partial per diem to GPD providers providing blankets, clothing, basic hy- organizations that have experience pro- supporting our Nation’s homeless vet- giene products, and permanent and viding services to homeless veterans erans with children. temporary shelter to veterans experi- when establishing these criteria and re- Finally, this legislation would also encing homelessness. quirements, and these grants or coop- have VA more accurately track HUD-

VerDate Sep 11 2014 06:10 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A23SE7.013 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4761 VASH case manager vacancies and help aisle to better support those who have in this country. The retraining pro- Congress determine how to more effec- served. gram my bill would create would put tively keep the program staffed so that It contains the text of H.R. 8275, the those veterans back on track to com- it may most effectively serve our Na- Reducing Veteran Homeless Act of pete for gainful, long-term employ- tion’s veterans. 2020, which is sponsored by Republican ment opportunities. Sections 201 through 203 represent Leader KEVIN MCCARTHY of California The second provision named after Ranking Member ROE and Chairman and Congressman MIKE LEVIN of Cali- Navy SEAL Chief Petty Officer Wil- LEVIN’s Rapid Retraining Assistance fornia, the chairman of the Sub- liam ‘‘Bill’’ Mulder is H.R. 2326, as Program for Veterans. Now, this pro- committee of Economic Opportunity, amended, which was introduced by my gram will train 7,500 veterans who have to increase funding for transitional friend Congressman LEVIN and my been economically impacted by housing providers and improve case friends Congressman BILIRAKIS from COVID–19, putting their skills and management in the Department of Florida and Congressman JODEY knowledge back to work in our econ- Housing and Urban Development—De- ARRINGTON from Texas, who are, re- omy. partment of Veterans Affairs Sup- spectively, the current and former Re- We have a commitment to our Na- portive Housing, or the HUD-VASH publican leaders of the Subcommittee tion’s veterans to support them regard- program, which we have used in my on Economic Opportunity. less of the challenges they face. district numerous times. These efforts Their bill, which passed the House COVID–19 is no different, and I am would help connect homeless veterans earlier this summer, would improve pleased that we were able to find a way with stable housing and get them back servicemembers’ transition to civilian to pass concrete employment measures on their own two feet. life by authorizing a review of the cur- for our Nation’s veterans. Madam Speaker, I am grateful to riculum of the Transition Assistance Last but certainly not least, sections Leader MCCARTHY and Congressman Program, or TAP program, and author- 204 through 207 represent Chairman LEVIN for bringing these important izing TAP at off-base locations and LEVIN’s Navy SEAL Chief Petty Officer issues to our attention and working to providing grant funds to community William ‘‘Bill’’ Mulder, Retired, Tran- address them. organizations that help servicemem- sition Improvement Act. The DELIVER Act also contains an- bers as they transition. This section would make much-need- other bill that was introduced by Re- This bill is a culmination of the work ed improvements to our servicemem- publican Leader MCCARTHY, H.R. 5766, the Subcommittee on Economic Oppor- bers’ transition process, including the VET TEC Expansion Act. tunity started last Congress to improve more accessible transition sites and The VET TEC program was created TAP. providing grants for organizations to by Leader MCCARTHY in the Forever GI Madam Speaker, I am grateful to assist with resume assistance, inter- Bill in 2017 to support veterans pur- Congressmen LEVIN, BILIRAKIS, and view training, and job recruitment suing careers in the technology sector ARRINGTON for their continued work to training. by providing them with tuition and a support those transitioning out of the All told, this is one of the most living stipend as they complete their military and for including their bill in meaningful pieces of legislation deal- training. the DELIVER Act today. The VET TEC program is very pop- ing with economic hardship we will Madam Speaker, I also thank the Na- ular among veterans, with over 1,100 of have a chance to consider, and I am tional Coalition for Homeless Veterans them completing the program and grateful to the countless Members of for their help in crafting the homeless many already finding jobs with an av- Congress for their hard work to make veteran provisions in this bill and the erage starting salary of $60,000 per it a reality. numerous military and veteran service year. That is money well invested when Our time here is short, so we call on organizations that helped advocate for you have veterans getting those kinds our colleagues in the Senate, who have the employment, education, and transi- of jobs. also worked on many of these provi- The VET TEC Expansion Act would tion provisions in the bill. Their stead- sions, to send this bill to the President help streamline processes and author- fast advocacy is critical to getting vet- before we finish our work this year. ize additional funding for the VET TEC erans into safe, stable homes and back Madam Speaker, I encourage all my program so that even more veterans to work, and I am grateful to them for colleagues to join me in voting for H.R. can benefit from it. their strong partnership that we have 7105, as amended. Madam Speaker, I once again thank fostered in my nearly 12 years in Con- Madam Speaker, I reserve the bal- Republican Leader MCCARTHY, who is a gress. ance of my time. champion for our Nation’s servicemem- Madam Speaker, I encourage all Mr. DAVID P. ROE of Tennessee. bers and veterans and never fails to Members to support the DELIVER Act Madam Speaker, I yield myself as support efforts for them to succeed, for today, and I reserve the balance of my much time as I may consume. his work on this bill. time. Madam Speaker, I rise today in sup- Madam Speaker, the DELIVER Act Mr. TAKANO. Madam Speaker, I port of H.R. 7105, as amended, the De- also contains two provisions that are yield 5 minutes to the gentleman from pendable Employment and Living Im- named for Navy SEAL Chief Petty Offi- California (Mr. LEVIN), my good friend provements for Veterans Economic Re- cer William ‘‘Bill’’ Mulder, who trag- and the chairman of the Subcommittee covery, or DELIVER, Act. ically died by suicide in 2017 after years on Economic Opportunity, who is also This bill would help veterans who are of honorable service to our country. the author of this impressive, com- homeless, provide needed job training The first is H.R. 7111, which I was prehensive H.R. 7105. and education benefits to veterans who pleased to introduce this summer with Mr. LEVIN of California. Madam are unemployed, and support veterans Congressman LEVIN and Senators Speaker, I thank Chairman TAKANO for who are transitioning out of the mili- JERRY MORAN of Kansas and JON yielding. tary and into civilian life. TESTER of Montana, the chairman and As chair of the House Committee on It would contain provisions that help ranking member of the Senate Com- Veterans’ Affairs’ Subcommittee on homeless veteran service providers mittee on Veterans’ Affairs. Economic Opportunity, and as a Rep- meet the increasing demands associ- As we work to restore the record- resentative for tens of thousands of ated with the COVID–19 pandemic, pro- breaking economy we had in place be- veterans around Marine Corps Base vide additional flexibility to fund serv- fore COVID–19, we must do all we can Camp Pendleton, I strongly believe ices for homeless veterans with chil- to prepare unemployed veterans for that we have got to do more to support dren, authorize grant funding for legal success in the new post-pandemic econ- those who have served our country. We services for homeless veterans, and as- omy. My bill would do that by author- can’t allow men and women who have sist incarcerated veterans who are izing a rapid retraining program for served to fall into homelessness, end up leaving the criminal justice system. veterans who find themselves unem- without a job, or go without the basic This bill also contains the text of nu- ployed as a result of COVID–19. services that they deserve. merous other bills that have been spon- Last month, it was estimated that Today, we are taking a significant sored by Members on both sides of the there are 560,000 unemployed veterans step in making sure veterans are no

VerDate Sep 11 2014 07:18 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.046 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4762 CONGRESSIONAL RECORD — HOUSE September 23, 2020 longer left behind. I am so proud to I am just so grateful to everybody Our veterans face unique challenges lead the DELIVER Act, a robust, ac- that has been involved, both the Mem- when they return home and if we can tion-forward package to help get our bers and their staff. It was really a do a better job on the front end, engag- veterans back on their feet. The legis- wonderful, bipartisan, bicameral effort. ing them earlier and providing them lation includes six of my bipartisan I reserve the balance of my time. the education, training, equipping bills to help get veterans the housing Mr. DAVID P. ROE of Tennessee. them to reintegrate so that we can, on and employment opportunities they de- Madam Speaker, I yield 3 minutes to the back end, prevent the struggles serve. the gentleman from Texas (Mr. with addiction, unemployment, home- It includes the Homeless Veteran ARRINGTON), a former member of the lessness, suicide, that is the goal here. Coronavirus Response Act, a bill I in- Veterans’ Affairs Committee who I had Those are things that disproportion- troduced with my friend, Representa- the privilege of visiting in his district ately affect our veterans and we can do tive GUS BILIRAKIS—I don’t see Gus and I know his commitment to our vet- something about it, and I believe this here, but I am grateful to him—to ex- erans. legislation will address that in a mean- pand and strengthen VA services to Mr. ARRINGTON. Madam Speaker, ingful way. homeless veterans during the COVID–19 for the record, it is my friend, PHIL As we recognize September as Na- pandemic. ROE, who likes to say that there would tional Suicide Prevention Awareness It includes the Veteran HOUSE Act, be no Texas if there weren’t a Ten- Month, I can think of no other cause a bill I co-led with my friend Rep- nessee. I have to say that in his honor, more worthy for our support in this resentative SCOTT PETERS, also from and then I will have to defend my great body than helping our veterans San Diego, to expand the HUD-VASH honor now when I go back to Texas. transition to a more productive and program to homeless veterans dis- That is my gift to the gentleman as he healthy and fulfilling civilian life after charged under conditions other than departs. they sacrificed so much for our coun- honorable. He is a distinguished gentleman and try. It includes the Reducing Veteran statesman and an effective leader for By the way, I can’t think of a better Homelessness Act, a bill I introduced our Nation and for our veterans. I way to honor Bill Mulder and those with Republican Leader KEVIN MCCAR- thank the gentleman for that from the just like him. So I stand in support. The SPEAKER pro tempore. The THY to ensure that homeless veterans bottom of my heart. time of the gentleman has expired. and their families receive the resources I thank Chairman TAKANO for his camaraderie and our common cause of Mr. DAVID P. ROE of Tennessee. and services they deserve by filling Madam Speaker, I yield the gentleman gaps in the HUD-VASH case manage- serving the veterans. We served together when I was in my first term on from Texas an additional 1 minute. ment system. Mr. ARRINGTON. Madam Speaker, I the VA Committee, and he has a pas- It includes the Housing for Women almost rushed the most important sion for our veterans. While we may Veterans Act, a bill I introduced with part. This is not only a cause worthy of disagree about things from time to Representative FITZPATRICK to require our support as a Congress, but it will time, I respect that about the gen- the VA to complete an analysis of its honor men and women just like Bill tleman and I wish him all the best suc- programs that provide assistance to Mulder. I believe if we do it right, and cess as we try to do right by those men women veterans who are homeless to if the VA and the Defense Department and women who gave up their today so identify the areas in which such pro- actually implement it right—that is we could have our tomorrow. grams are failing to meet their needs. the next big hurdle—then we will save Now, to Chairman LEVIN, nothing It includes the Veterans Economic lives. Recovery Act, a bill I introduced with would honor me more than to honor And that is why we got into this gig, Ranking Member ROE. the Mulder family and my friend Bill right? We want to make a difference. And we are all going to miss Dr. ROE. Mulder. And for the gentleman to allow We want to help our fellow Americans. We are grateful for all that he does. us to carry his name forward, rep- We want to save lives. That bill will, as Dr. ROE just said, resentative of the men and women who Mr. TAKANO. Madam Speaker, I create a rapid retraining program for have served and who have returned thank the gentleman from Texas for unemployed veterans and reservists. with honor but with wounds that you his kind words and comments, and I ap- And it includes the Chief Petty Offi- can’t see and that end up taking their preciate his passion for our veterans. cer William ‘‘Bill’’ Mulder Transition lives and taking so much from this And I am very pleased that we can Improvement Act, a bill I introduced country because they have so much honor his friend by the naming of the with my friend Representative more to offer, I thank the gentleman. bill. ARRINGTON to make the transition We need to recognize when things are Madam Speaker, I have no further process easier for servicemembers re- working around here, and I will say speakers, and I am prepared to close. I turning to civilian life. that any time we can govern for this reserve the balance of my time. I have said it before, and I will say it great country and we can do the right Mr. DAVID P. ROE of Tennessee. again: Even one homeless veteran is thing and put our country first, I will Madam Speaker, I am prepared to one too many. commend anybody any day and all day. close, and I yield myself the balance of So God bless you gentlemen for your b 1330 my time. leadership. This is a bill that contains a lot of ef- We have a moral obligation to make Madam Speaker, I rise in support of fort, as you can see, from both sides of robust Federal investments in pro- H.R. 7105, a package that includes leg- the aisle, both Republicans and Demo- grams to help get veterans off the islation that I, along with Chairman crats, and as Mr. ARRINGTON said, try- street, and we have got to do a better LEVIN, introduced to honor Navy SEAL ing to do the right thing for our Na- job of ensuring that our Nation’s he- Chief Petty Officer Bill Mulder. This tion’s heroes. roes have the housing assistance and legislation aims to improve the VA’s I remember in 2008 when I was a can- services they need. Each of the bills transition assistance program to help didate for Congress, the HUD-VASH that we have talked about today will our Nation’s servicemembers success- voucher program was rolled out. I make a real difference for the veterans fully reintegrate back into civilian life didn’t really understand it. It is a pro- I serve and countless others across the when they return home from serving gram that helps homeless veterans. country. our Nation. And when I got into Congress, I re- You hear a lot about how things in Bill Mulder was a friend, a leader, member General Shinseki, who was the Washington are broken and how we and an American hero who, as I men- Secretary at that time, stated that can’t get a lot done around here, but I tioned, due to the invisible wounds during the housing crisis there were am very proud of the bipartisan that often plague our soldiers when over 100,000 homeless veterans in Amer- progress we have made today for our they return, tragically ended his own ica, the wealthiest country in the veterans. I am hopeful the Senate will life just a few months after retiring world. I found that shameful. take the bill up quickly and get it on from serving our Nation with distinc- His goal was to eliminate homeless- the President’s desk. tion. ness among veterans in the next 6

VerDate Sep 11 2014 07:18 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.047 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4763 years. He didn’t achieve that goal, but homelessness is the least that we can do as program receive pay that is based on local or it was a worthy goal. That number now a country to repay our debt of gratitude. regional conditions rather than a standard is under 40,000, less than that. And, The VET TEC Expansion Act, which I intro- across-the-board rate, in order to prevent pro- hopefully, with this bill that has help duced with my colleague from California, Ro viders operating in parts of the country with for families and children in it, that we Khanna, builds upon the success of the exist- higher living costs from having to reduce serv- can get these veterans off the street, ing VET TEC pilot program, which was cre- ices. and into productive lives. ated by the original VET TEC Act that I intro- I would like to thank Subcommittee Chair- You can see in part of the bill that duced and which President Trump signed into man LEVIN, Committee Ranking Member PHIL Congressman LEVIN, myself, and leader law in 2017 as part of a broader bipartisan ROE and the members of the House Veterans MCCARTHY supported, it takes veterans veterans bill. Upon realizing the potential that Affairs Committee for ensuring that our na- who have lost their jobs and gets them non-traditional, ‘‘nanodegree’’ educational pro- tion’s veterans receive the supportive services skills that they can transition into grams have for our veterans after visiting such that they deserve by including these two this new economy post-pandemic, and a program in 2017, I discovered that GI Bill pieces of legislation in the DELIVER Act. Ac- has money to take care of their fami- benefits did not cover the cost of enrolling in cordingly, I ask my colleagues on both sides lies. these types of programs, which is why I intro- of the aisle to join me in supporting this bill so I know the transition assistance produced the VET TEC Act. that we may better serve the veterans who gram that was mentioned. I know when The VET TEC pilot program began accept- have so valiantly served our country. I got out of the military, the only ing veteran applications in May 2019, and in The SPEAKER pro tempore. The thing I was worried about was the gate seeking to keep the program aligned with its question is on the motion offered by of the fort I was in hitting me on the mission to provide veterans with access to the gentleman from California (Mr. backside on the way out. That is how technology-oriented and industry-responsive TAKANO) that the House suspend the much help I got at the end of Vietnam. educational courses, I introduced the VET rules and pass the bill, H.R. 7105, as Nobody really said: What are you going TEC Expansion Act just under one year after amended. to do next? the pilot’s official launch. This bill would allow The question was taken; and (two- They just said: You are out of here. the VA to accept more course providers into thirds being in the affirmative) the We had this little helmet, I remem- the VET TEC pilot program, expand VET TEC rules were suspended and the bill, as ber, when I was in service, with two pilot program eligibility to include certain amended, was passed. feet coming out from under it. And servicemembers who are starting the transition The title of the bill was amended so that meant you were short. You had to civilian life—so they may get a jumpstart on as to read: ‘‘A bill to provide flexibility less than 100 days left in-country. obtaining new skills that can help them secure for the Secretary of Veterans Affairs in Well, today, we are doing a much bet- a job—and would allow the VA to accept edu- caring for homeless veterans during a ter job with our transitioning, and we cation providers that offer part-time courses, covered public health emergency, to di- are starting to think, when these such as night classes, into the pilot program. rect the Secretary of Veterans Affairs young people go into the military to All of these provisions were developed in to carry out a retraining assistance serve our country and our Nation and consultation with feedback from veteran orga- program for unemployed veterans, and protect us, what are you going to do nizations and I am confident that these for other purposes.’’. when you transition out? changes will allow the VA to provide even A motion to reconsider was laid on In other words, when you go in, start more veterans with access to the most up-to- the table. thinking about what you are going to date, non-traditional educational courses pos- f do when your military career is over. sible. The VET TEC pilot program is incredibly This bill will help us get to that. I am popular, so I am pleased that the DELIVER VETERANS COMPREHENSIVE PRE- very proud to encourage all of my col- Act also authorizes $30 million in additional VENTION, ACCESS TO CARE, AND leagues to support this bill, and I yield annual funding for this pilot program until its TREATMENT ACT OF 2020 back the balance of my time. expiration in Fiscal Year 2023. This funding in- Mr. TAKANO. Madam Speaker, I Mr. TAKANO. Madam Speaker, I crease appropriately responds to the current move to suspend the rules and pass the yield myself the balance of my time. overwhelming demand from veterans who are bill (H.R. 8247) to make certain im- Madam Speaker, I just want to say seeking to participate in non-traditional edu- provements relating to the transition that this is a tremendously comprehen- cational courses that prepare them for employ- of individuals to services from the De- sive bill. It represents the tremendous ment in our dynamic, technology-centric econ- partment of Veterans Affairs, suicide work of Members from both sides of the omy. An August 2020 VA report to Congress prevention for veterans, and care and aisle. recently found that thousands of veterans who services for women veterans, and for I have to say that I am recalling at applied to participate in a VET TEC-approved other purposes, as amended. this very moment a woman veteran course received a ‘‘Certificate of Eligibility’’ to The Clerk read the title of the bill. who drove all the way from Los Ange- participate beginning on October 1, 2020, the The text of the bill is as follows: les into my district to a townhall start of the 2021 Fiscal Year, as VET TEC’s H.R. 8247 meeting where she first made me aware popularity caused it to run out of funding in its of the issue of veterans with children Be it enacted by the Senate and House of Rep- first pilot year. To me, this is a strong testa- resentatives of the United States of America in not having enough money, not enough ment to the demand for flexible educational Congress assembled, benefits to be able to get into homeless benefits from our nation’s student veterans. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. housing, and I am so pleased that the The Reducing Veteran Homelessness Act of (a) SHORT TITLE.—This Act may be cited as bill by Ms. BROWNLEY to address that 2020, which I introduced with my colleague the ‘‘Veterans Comprehensive Prevention, issue is in this piece of legislation. from California, MIKE LEVIN, just last week, Access to Care, and Treatment Act of 2020’’ I just urge all of my colleagues to provides solutions to address issues that or the ‘‘Veterans COMPACT Act of 2020’’. pass H.R. 7105, as amended, and I yield homeless providers have raised with me in re- (b) TABLE OF CONTENTS.—The table of con- back the balance of my time. cent years. The successful HUD-VA Sup- tents for this Act is as follows: Mr. MCCARTHY. Madam Speaker, I rise portive Housing Program (or HUD-VASH Pro- Sec. 1. Short title; table of contents. today in support of the DELIVER Act, a bipar- gram) has long been plagued by understaffing TITLE I—IMPROVEMENT OF TRANSITION tisan veterans legislative package that in- of case managers, which prevents supportive OF INDIVIDUALS TO SERVICES FROM cludes two bills that I have introduced this housing vouchers allocated through the pro- DEPARTMENT OF VETERANS AFFAIRS Congress, the VET TEC Expansion Act and gram from reaching veterans in need. Sec. 101. Pilot program on information shar- the Reducing Veteran Homelessness Act of My legislation requires the VA to contract ing between Department of Vet- 2020. out HUD-VASH case manager services to erans Affairs and designated I believe that a nation’s character can be community experts when these VA case man- relatives and friends of veterans regarding assistance and judged by how well it treats its veterans when ager positions remain unfilled for a long period benefits available to the vet- they complete their service and return home. of time and HUD-VASH housing vouchers in erans. Providing veterans with flexible education ben- the region remain unutilized. It also modern- Sec. 102. Annual report on Solid Start pro- efits to meet current workforce needs and pro- izes the VA’s Grant and Per Diem program so gram of Department of Vet- tecting our most vulnerable veterans from that homeless providers that participate in this erans Affairs.

VerDate Sep 11 2014 07:18 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0655 E:\CR\FM\K23SE7.050 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4764 CONGRESSIONAL RECORD — HOUSE September 23, 2020 TITLE II—SUICIDE PREVENTION sources for preventing and managing dis- (iv) Such other feedback or matters as the Sec. 201. Department of Veterans Affairs eases and illnesses. Secretary considers appropriate. provision of emergent suicide (G) A toll-free telephone number through (2) REPORT.— care. which such persons who elect to receive in- (A) IN GENERAL.—Not later than three Sec. 202. Education program for family formation under the pilot program may re- years after the date on which the pilot pro- members and caregivers of vet- quest information regarding the program. gram commences, the Secretary shall submit erans with mental health dis- (H) Such other matters as the Secretary, to the Committees on Veterans’ Affairs of orders. in consultation with members of the Armed the House of Representatives and the Senate Sec. 203. Interagency Task Force on Outdoor Forces and such persons who elect to receive a final report on the pilot program. Recreation for Veterans. information under the pilot program, deter- (B) CONTENTS.—The report submitted Sec. 204. Contact of certain veterans to en- mines to be appropriate. under subparagraph (A) shall include the fol- courage receipt of comprehen- (5) PRIVACY OF INFORMATION.—In carrying lowing: sive medical examinations. out the pilot program, the Secretary may (i) The results of the survey administered Sec. 205. Police crisis intervention training not disseminate information under para- under paragraph (1). of Department of Veterans Af- graph (4) in violation of laws and regulations (ii) The number of participants enrolled in fairs. pertaining to the privacy of members of the the pilot program who are veterans. TITLE III—IMPROVEMENT OF CARE AND Armed Forces, including requirements pur- (iii) The number of persons designated SERVICES FOR WOMEN VETERANS suant to— under subsection (a)(1)(A). Sec. 301. Gap analysis of Department of Vet- (A) section 552a of title 5, United States (iv) The number of such persons who opted erans Affairs programs that Code; and in or out of the pilot program under sub- provide assistance to women (B) the Health Insurance Portability and section (a)(8). veterans who are homeless. Accountability Act of 1996 (Public Law 104– (v) The average period such persons re- Sec. 302. Report on locations where women 191). mained in the pilot program. veterans are using health care (6) NOTICE AND MODIFICATIONS.—In carrying (vi) An assessment of the feasibility and from Department of Veterans out the pilot program, the Secretary shall, advisability of making the pilot program Affairs. with respect to a veteran— permanent. (A) ensure that such veteran is notified of TITLE I—IMPROVEMENT OF TRANSITION (vii) Identification of legislative or admin- the ability to modify designations made by OF INDIVIDUALS TO SERVICES FROM istrative action that may be necessary if the such veteran under paragraph (1)(A); and DEPARTMENT OF VETERANS AFFAIRS pilot program is made permanent. (B) upon the request of a veteran, author- (viii) A plan to expand the pilot program if SEC. 101. PILOT PROGRAM ON INFORMATION ize such veteran to modify such designations SHARING BETWEEN DEPARTMENT the pilot program is made permanent. OF VETERANS AFFAIRS AND DES- at any time. (ix) If the Secretary finds under clause (vi) IGNATED RELATIVES AND FRIENDS (7) CONTACT INFORMATION.—In making a that making the pilot program permanent is OF VETERANS REGARDING ASSIST- designation under the pilot program, a vet- not feasible or advisable, a justification for ANCE AND BENEFITS AVAILABLE TO eran shall provide necessary contact infor- such finding. THE VETERANS. mation, specifically including an email ad- (a) PILOT PROGRAM REQUIRED.— dress, to facilitate the dissemination of in- SEC. 102. ANNUAL REPORT ON SOLID START PRO- (1) IN GENERAL.—Not later than one year formation regarding the assistance and bene- GRAM OF DEPARTMENT OF VET- ERANS AFFAIRS. after the date of the enactment of this Act, fits available to the veteran under laws ad- the Secretary of Veterans Affairs shall com- ministered by the Secretary. (a) REPORTS REQUIRED.—Not later than 180 days after the date of the enactment of this mence carrying out a pilot program— (8) OPT-IN AND OPT-OUT OF PILOT PRO- Act, and annually thereafter for a period of (A) to encourage members of the Armed GRAM.— five years, the Secretary of Veterans Affairs Forces who are transitioning from service in (A) OPT-IN BY MEMBERS.—A veteran may the Armed Forces to civilian life, before sep- participate in the pilot program only if the shall submit to the Committees on Veterans’ arating from such service, to designate up to veteran voluntarily elects to participate in Affairs of the Senate and House of Rep- 10 persons to whom information regarding the program. A veteran seeking to make resentatives a report on the Solid Start pro- the assistance and benefits available to the such an election shall make such election in gram of the Department of Veterans Affairs. veterans under laws administered by the a manner, and by including such informa- (b) ELEMENTS.—Each report under sub- Secretary shall be disseminated using the tion, as the Secretary shall specify for pur- section (a) shall include the following: contact information obtained under para- poses of the pilot program. (1) With respect to each veteran called or graph (7); and (B) OPT-IN BY DESIGNATED RECIPIENTS.—A emailed under the Solid Start program: (B) provides such persons, within 30 days person designated pursuant to paragraph (A) The Armed Force in which the veteran after the date on which such persons are des- (1)(A) may receive information under the served. ignated under subparagraph (A), the option pilot program only if the person makes the (B) Age. to elect to receive such information. election described in paragraph (1)(B). (C) Gender. (2) DURATION.—The Secretary shall carry (C) OPT-OUT.—In carrying out the pilot pro- (D) Whether the veteran responded to the out the pilot program during a period begin- gram, the Secretary shall, with respect to a call or email. ning on the date of the commencement of person who has elected to receive informa- (E) Whether the call or email resulted in a the pilot program that is not less than two tion under such pilot program, cease dis- call to the Veterans Crisis Line established years. seminating such information to that person pursuant to section 1720F(h) of title 38, (3) DISSEMINATION.—The Secretary shall upon request of such person. United States Code. disseminate information described in para- (b) SURVEY AND REPORT ON PILOT PRO- (F) Whether the call or email resulted in a graph (1)(A) under the pilot program no less GRAM.— referral to— than quarterly. (1) SURVEY.— (i) compensation and pension determina- (4) TYPES OF INFORMATION.—The types of (A) IN GENERAL.—Not later than one year tion; information to be disseminated under the after the date of the commencement of the (ii) enrollment in the patient enrollment pilot program to persons who elect to receive pilot program and not less frequently than system of the Department; or such information shall include information once each year thereafter for the duration of (iii) any other program or benefit under regarding the following: the pilot program, the Secretary shall ad- the laws administered by the Secretary. (A) Services and benefits offered to vet- minister a survey to persons who ever elect- (2) Any change to the Solid Start program erans and their family members by the De- ed to receive information under the pilot implemented by the Secretary since the date partment of Veterans Affairs. program for the purpose of receiving feed- of the previous such report. (B) Challenges and stresses that might ac- back regarding the quality of information (c) PROHIBITION ON PERSONALLY IDENTIFI- company transitioning from service in the disseminated under this section. ABLE INFORMATION.—No report under sub- Armed Forces to civilian life. (B) ELEMENTS.—Each survey conducted section (a) may contain any personally iden- (C) Services available to veterans and their under subparagraph (A) shall include solici- tifiable information regarding a veteran. family members to cope with the experiences tation of the following: TITLE II—SUICIDE PREVENTION and challenges of service in the Armed (i) Feedback on the following: Forces and transition from such service to (I) The nature of information disseminated SEC. 201. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF EMERGENT SUICIDE civilian life. under the pilot program. CARE. (D) Services available through community (II) Satisfaction with the pilot program. (a) IN GENERAL.—Subchapter II of chapter partner organizations to support veterans (III) The utility of the pilot program. 17 of title 38, United States Code, is amended and their family members. (IV) Overall pilot program successes and by adding at the end the following new sec- (E) Services available through Federal, challenges. tion: State, and local government agencies to sup- (ii) Recommendations for improving the port veterans and their family members. pilot program. ‘‘§ 1720J. Emergent suicide care (F) The environmental health registry pro- (iii) Reasons for opting in or out of the ‘‘(a) EMERGENT SUICIDE CARE.—Pursuant to gram, health and wellness programs, and re- pilot program. this section, the Secretary shall—

VerDate Sep 11 2014 07:18 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A23SE7.015 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4765 ‘‘(1) furnish emergent suicide care to an el- ‘‘(B) shall pay for any costs of emergency ‘‘(6) The term ‘Veterans Crisis Line’ means igible individual at a medical facility of the transportation to a facility for such emer- the hotline under section 1720F(h) of this Department; gent suicide care (as such costs are deter- title.’’. ‘‘(2) pay for emergent suicide care provided mined pursuant to section 1725 of this title, (b) CLERICAL AMENDMENT.—The table of to an eligible individual at a non-Depart- to the extent practicable). sections at the beginning of such chapter is ment facility; and ‘‘(2)(A) In addition to the requirements of amended by inserting after the item relation ‘‘(3) reimburse an eligible individual for paragraph (1), if the Secretary pays for emer- to section 1720I the following new item: emergent suicide care provided to the eligi- gent suicide care provided under subsection ‘‘1720J. Emergent suicide care.’’. ble individual at a non-Department facility. (a) to an eligible individual at a non-Depart- (c) EFFECTIVE DATE.—The Secretary shall ‘‘(b) ELIGIBILITY.—An individual is eligible ment facility, the Secretary shall reimburse for emergent suicide care under subsection the facility for the reasonable value of such furnish or pay for emergent suicide care (a) if the individual is in an acute suicidal emergent suicide care. under section 1720J of title 38, United States crisis and is either of the following: ‘‘(B)(i) In carrying out subparagraph (A), Code, as added by subsection (a), beginning ‘‘(1) A veteran (as defined in section 101). the Secretary may determine the amount to on the date that is 270 days after the date of ‘‘(2) An individual described in section reimburse a non-Department facility in a the enactment of this Act. 1720I(b) of this title. similar manner to the manner in which the SEC. 202. EDUCATION PROGRAM FOR FAMILY ‘‘(c) PERIOD OF CARE.—(1) Emergent suicide Secretary determines reimbursement MEMBERS AND CAREGIVERS OF VET- care provided under subsection (a) shall be amounts for that non-Department facility ERANS WITH MENTAL HEALTH DIS- ORDERS. furnished to an eligible individual— for medical care and services provided under (a) ESTABLISHMENT.—Not later than 270 ‘‘(A) through inpatient or crisis residential another provision of this chapter. care, for a period not to exceed 30 days; or ‘‘(ii) The requirements of section 1725(c)(3) days after the date of the enactment of this ‘‘(B) if care under subparagraph (A) is un- of this title shall apply with respect to pay- Act, the Secretary of Veterans Affairs shall available, or if such care is not clinically ap- ments made under subparagraph (A) of this establish an education program (in this sec- propriate, as outpatient care for a period not paragraph. tion referred to as the ‘‘education program’’) to exceed 90 days. ‘‘(3) In the case of an eligible individual for the education and training of caregivers ‘‘(2) If, upon the expiration of a period who receives emergent suicide care under and family members of eligible veterans with under paragraph (1), the Secretary deter- this section and who is entitled to emergent mental health disorders. mines that the eligible individual remains in suicide care (or payment for emergent sui- (b) EDUCATION PROGRAM.— an acute suicidal crisis, the Secretary may cide care) under a health-plan contract, the (1) IN GENERAL.—Under the education pro- extend such period as the Secretary deter- Secretary may recover the costs of such gram, the Secretary shall provide a course of mines appropriate. emergent suicide care provided under this education to caregivers and family members ‘‘(d) NOTIFICATION.—An eligible individual section, other than for such care for a serv- of eligible veterans on matters relating to who receives emergent suicide care under ice-connected disability. coping with mental health disorders in vet- subsection (a) at a non-Department facility ‘‘(4) In carrying out subsection (d), the Sec- erans. (or a person acting on behalf of the indi- retary may not charge an eligible individual (2) DURATION.—The Secretary shall carry vidual) shall notify the Secretary of such for any cost of emergent suicide care pro- out the education program during the four- care within seven days of admission to such vided under subsection (a) solely by reason of year period beginning on the date of the facility. the Secretary not having been notified of commencement of the education program. UTREACH ‘‘(e) O .—During any period when (3) SCOPE.— an eligible individual is receiving emergent such care pursuant to such subsection. ‘‘(g) ANNUAL REPORT.—Not less than once (A) CAREGIVERS.—The Secretary, with re- suicide care under subsection (a), the Sec- each year, the Secretary shall submit to the spect to the component of the education pro- retary shall— Committees on Veterans’ Affairs of the Sen- gram that relates to the education and train- ‘‘(1) ensure that— ate and the House of Representatives a re- ing of caregivers, shall— ‘‘(A) in the case of an eligible individual (i) include such component in the training whom the Veterans Crisis Line recommends port on emergent suicide care provided under provided pursuant to the program of com- to seek emergent suicide care at a medical subsection (a). Each such report shall in- prehensive assistance for family caregivers facility of the Department, the Veterans Cri- clude, for the year covered by the report— of the Department of Veterans Affairs estab- sis Line notifies the Suicide Prevention Co- ‘‘(1) the number of eligible individuals who lished under section 1720G(a) of title 38, ordinator of such medical facility; received emergent suicide care under sub- United States Code; and ‘‘(B) in the case of an eligible individual section (a); (ii) make such component available on the who presents at a medical facility of the De- ‘‘(2) demographic information regarding el- partment in an acute suicidal crisis without igible individuals described in paragraph (1); Internet website of the Department that re- a recommendation by the Veterans Crisis ‘‘(3) the types of care furnished or paid for lates to caregiver training. Line, the Secretary notifies the Suicide Pre- this section; and (B) FAMILY MEMBERS.—The Secretary shall vention Coordinator; ‘‘(4) the total cost of providing care under carry out the component of the education ‘‘(C) in the case of an eligible individual subsection (a). program that relates to the education and whom the Veterans Crisis Line recommends ‘‘(h) DEFINITIONS.—In this section: training of non-caregiver family members at to seek treatment at a non-Department fa- ‘‘(1) The term ‘acute suicidal crisis’ means facilities of the Department as follows: cility, the Veterans Crisis Line notifies the that an individual was determined to be at (i) Not less than five medical centers of the Suicide Prevention Coordinator and the Of- imminent risk of self-harm by a trained cri- Department. fice of Community Care at the medical facil- sis responder or health care provider. (ii) Not less than five clinics of the Depart- ity of the Department located nearest to the ‘‘(2) The term ‘crisis residential care’ ment. eligible individual; and means crisis stabilization care provided— (iii) Not less than five Vet Centers (as de- ‘‘(D) in the case of an eligible individual ‘‘(A) in a residential setting; and fined in section 1712A(h) of title 38, United who presents at a non-Department facility in ‘‘(B) in a facility other than a hospital. States Code). an acute suicidal crisis without a rec- ‘‘(3) The term ‘crisis stabilization care’ in- (C) SOLICITATION OF APPLICATIONS.—In se- ommendation by the Veterans Crisis Line cludes, with respect to an individual in acute lecting locations pursuant to subparagraph and for whom the Secretary receives a notifi- suicidal crisis, care that ensures, to the ex- (B), the Secretary shall solicit applications cation under subsection (d), the Secretary tent practicable, immediate safety and re- from eligible facilities of the Department notifies the Suicide Prevention Coordinator duces— that are interested in carrying out the edu- and the Office of Community Care at the ‘‘(A) the severity of distress; cation program. medical facility of the Department located ‘‘(B) the need for urgent care; or (D) CONSIDERATIONS.—In selecting loca- nearest to the eligible individual; ‘‘(C) the likelihood that the distress under tions pursuant to subparagraph (B), the Sec- ‘‘(2) determine the eligibility of the eligi- subparagraph (A) or need under subpara- retary shall consider the feasibility and ad- ble individual for other programs and bene- graph (B) will increase during the transfer of visability of selecting locations in the fol- fits under the laws administered by the Sec- that individual from a facility at which the lowing areas: retary (or shall make such determination as individual has received care for that acute (i) Rural areas. soon as practicable following the period of suicidal crisis. (ii) Areas that are not in close proximity such emergent suicide care); and ‘‘(4) The term ‘emergent suicide care’ to an active duty installation. ‘‘(3) make referrals for care following the means crisis stabilization care provided to (iii) Areas in different geographic loca- period of such emergent suicide care, as the an eligible individual— tions. Secretary determines appropriate. ‘‘(A) pursuant to a recommendation of the (4) CONTRACTS.— ‘‘(f) PROHIBITION ON CHARGE.—(1) If the Sec- eligible individual from the Veterans Crisis (A) IN GENERAL.—In carrying out the edu- retary provides emergent suicide care to an Line; or cation program, the Secretary shall enter eligible individual under subsection (a), the ‘‘(B) who presents at a medical facility in into contracts with qualified entities de- Secretary— an acute suicidal crisis. scribed in subparagraph (B) to offer the ‘‘(A) may not charge the eligible individual ‘‘(5) The term ‘health-plan contract’ has course of education described in paragraph for any cost of such emergent suicide care; the meaning given such term in section 1725 (5) to family members and caregivers of eli- and of this title. gible veterans and covered veterans.

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(B) QUALIFIED ENTITY DESCRIBED.—A quali- composed of individuals who complete the (9) Any other member that the Secretary fied entity described in this subparagraph is education program (in this section referred of Veterans Affairs determines to be appro- a non-profit entity with experience in men- to as a ‘‘peer support program’’). priate. tal health education and outreach, including (B) ELEMENTS.—Each report submitted (c) CHAIRPERSONS.—The Secretary of Vet- work with children, teens, and young adults, under subparagraph (A) shall include the fol- erans Affairs and the Secretary of the Inte- that— lowing: rior shall serve as co-chairpersons of the (i) uses high quality, relevant, and age-ap- (i) The number of individuals that partici- Task Force (in this section referred to as the propriate information in educational pro- pated in the course of education described in ‘‘Chairpersons’’). gramming, materials, and coursework, in- subsection (b)(5) during the year preceding (d) DUTIES.— cluding such programming, materials, and the submission of the report. (1) TASK FORCE.—The duties of the Task coursework for children, teens, and young (ii) A detailed analysis of the surveys con- Force shall be— adults; and ducted under subsection (c) with respect to (A) to identify opportunities to formalize (ii) works with agencies, departments, non- the individuals described in clause (i). coordination between the Department of profit mental health organizations, early (iii) Any plans for expansion of the edu- Veterans Affairs, public land agencies, and childhood educators, and mental health pro- cation program. partner organizations regarding the use of viders to develop educational programming, (iv) An analysis of the feasibility and ad- public lands and other outdoor spaces for fa- materials, and coursework. visability of establishing a peer support pro- cilitating health and wellness for veterans; (C) PRIORITY.—In entering into contracts gram. (B) to identify barriers that exist to pro- under this paragraph, the Secretary shall (v) The interim findings and conclusions of viding veterans with opportunities to aug- give priority to qualified entities that have the Secretary with respect to the success of ment the delivery of services for health and demonstrated cultural competence in serv- the education program and the feasibility wellness through the use of outdoor recre- ing military and veteran populations, and, to and advisability of establishing a peer sup- ation on public lands and other outdoor the extent practicable, use internet tech- port program. spaces; and nology for the delivery of course content in (2) FINAL REPORT.— (C) to develop recommendations to better an effort to expand the availability of sup- (A) IN GENERAL.—Not later than one year facilitate the use of public lands and other port services, especially in rural areas. after the completion of the education pro- outdoor spaces for promoting wellness and (5) COURSE OF EDUCATION DESCRIBED.—The gram, the Secretary shall submit to the facilitating the delivery of health care and course of education described in this para- Committees on Veterans’ Affairs of the therapeutic interventions for veterans. graph shall consist of curriculum that in- House of Representatives and the Senate a (2) CONSULTATION.—The Task Force shall cludes the following: final report on the feasibility and advis- carry out the duties under paragraph (1) in (A) General education on different mental ability of continuing the education program. consultation with appropriate veterans out- health disorders, including information to (B) ELEMENTS.—The final report under sub- door recreation groups. improve understanding of the experiences of paragraph (A) shall include the following: (e) REPORTS.— individuals suffering from such disorders. (i) A detailed analysis of the surveys con- (1) PRELIMINARY REPORT.—Not later than (B) Techniques for handling crisis situa- ducted under subsection (c). one year after the date on which the Task tions and administering mental health first (ii) An analysis of the feasibility and advis- Force is established, the Chairpersons shall aid to individuals suffering from a mental ability of continuing the education program submit to Congress a report on the prelimi- health disorder. without entering into contracts for the nary findings of the Task Force. (C) Techniques for coping with the stress of course of education described in subsection (2) FINAL REPORT.—Not later than one year living with an individual suffering from a (b)(5). after the date of the submission of the pre- mental health disorder. (iii) An analysis of the feasibility and ad- liminary report under paragraph (1), the (D) Information on additional services visability of expanding the education pro- Chairpersons shall submit to Congress a re- available for family members and caregivers gram. port on the findings of the Task Force, which through the Department or community orga- (iv) An analysis of the feasibility and ad- shall include the recommendations devel- nizations and providers related to mental visability of establishing a peer support pro- oped under subsection (d)(1)(C). health disorders. gram. (f) DURATION.—The Task Force shall termi- (E) Such other matters as the Secretary (e) MONITORING OF PROGRAM.—The Sec- nate on the date that is one year after the considers appropriate. date of the submission of the final report in (c) SURVEYS.— retary shall select mental health care providers of the Department to monitor the subsection (e)(2). (1) IN GENERAL.—The Secretary shall con- (g) NONAPPLICABILITY OF FEDERAL ADVI- duct a comprehensive survey of the satisfac- progress of the instruction provided under the education program. SORY COMMITTEE ACT.—The Federal Advisory tion of individuals that have participated in Committee Act (5 U.S.C. App.) shall not the course of education described in sub- (f) DEFINITIONS.—In this section: (1) The term ‘‘eligible veteran’’ means a apply to the Task Force. section (b)(5). Such survey shall include a so- (h) PUBLIC LANDS DEFINED.—In this sec- veteran who is enrolled in the health care licitation of feedback on the following: tion, the term ‘‘public lands’’ means any rec- system established under section 1705(a) of (A) The general satisfaction of those indi- reational lands under the jurisdiction of the title 38, United States Code. viduals with the education and assistance Federal Government or a State or local gov- (2) The terms ‘‘caregiver’’ and ‘‘family provided under the education program. ernment. (B) The perceived effectiveness of the edu- member’’ have the meaning given those terms in section 1720G(d) of title 38, United SEC. 204. CONTACT OF CERTAIN VETERANS TO cation program in providing education and ENCOURAGE RECEIPT OF COM- assistance that is useful for those individ- States Code. PREHENSIVE MEDICAL EXAMINA- uals. SEC. 203. INTERAGENCY TASK FORCE ON OUT- TIONS. (C) The applicability of the education pro- DOOR RECREATION FOR VETERANS. (a) NOTICE.—Not later than 90 days after gram to the issues faced by those individ- (a) ESTABLISHMENT.—Not later than 18 the date of the enactment of this Act, the uals. months after the date on which the national Under Secretary of Health of the Depart- (D) Such other matters as the Secretary emergency declared by the President pursu- ment of Veterans Affairs shall seek to con- considers appropriate. ant to the National Emergencies Act (50 tact each covered veteran by mail, tele- (2) COMPILATION OF INFORMATION.—The in- U.S.C. 1601 et seq.) with respect to the phone, or email to encourage each covered formation compiled as a result of the surveys Coronavirus Disease 2019 (COVID–19) expires, veteran to receive medical examinations in- conducted under paragraph (1) shall be— the Secretary of Veterans Affairs shall es- cluding the following: (A) disaggregated by facility type at which tablish a task force to be known as the (1) A comprehensive physical examination. the education program was carried out; and ‘‘Task Force on Outdoor Recreation for Vet- (2) A comprehensive mental health exam- (B) included in the annual reports under erans’’ (in this section referred to as the ination. subsection (d)(1). ‘‘Task Force’’). (3) A comprehensive eye examination if the (d) REPORTS.— (b) COMPOSITION.—The Task Force shall be covered veteran has not received such an ex- (1) ANNUAL REPORTS.— composed of the following members or their amination in the year immediately pre- (A) IN GENERAL.—Not later than one year designees: ceding the date of such examination. after the date of the commencement of the (1) The Secretary of Veterans Affairs. (4) A comprehensive audiological examina- education program and not later than Sep- (2) The Secretary of the Interior. tion if the covered veteran has not received tember 30 each year thereafter until 2024, the (3) The Secretary of Health and Human such an examination in the year imme- Secretary shall submit to the Committee on Services. diately preceding the date of such examina- Veterans’ Affairs of the Senate and the Com- (4) The Secretary of Agriculture. tion. mittee on Veterans’ Affairs of the House of (5) The Secretary of Defense. (b) EXAMINATIONS.— Representatives a report on— (6) The Secretary of Homeland Security. (1) VA HEALTH CARE FACILITIES.—If a cov- (i) the education program; and (7) The Chief of the Army Corps of Engi- ered veteran elects to receive more than one (ii) the feasibility and advisability of ex- neers. examination described in subsection (a) at a panding the education program to include (8) At least two representatives from vet- health care facility of the Department of the establishment of a peer support program erans service organizations. Veterans Affairs, the Under Secretary of

VerDate Sep 11 2014 07:18 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A23SE7.015 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4767 Health shall seek to furnish all such sched- force of a facility of the Department devel- the Department during such year, uled examinations on the same day. ops a plan to enter into partnerships with— disaggregated by facility. (2) COMMUNITY CARE.—Pursuant to sub- (1) local community mental health organi- (5) The number of appointments that section (d) or (e) of section 1703 of title 38, zations and experts, local community vet- women veterans have had at a medical facil- United States Code, a covered veteran may erans organizations, and local community ity of the Department during such year, receive an examination described in sub- criminal justice organizations and experts; disaggregated by— section (a) from a health care provider de- and (A) facility; and scribed in subsection (c) of that section. (2) local police departments, including by (B) appointments for— (c) TRANSPORTATION.— facilitating the sharing of training resources (i) primary care; (1) BENEFICIARY TRAVEL PROGRAM.—Pursu- with crisis intervention teams of the local (ii) specialty care; and ant to section 111 of title 38, United States police departments. (iii) mental health care. Code, the Secretary of Veterans Affairs may (e) REPORT.—Not later than one year after (6) For each appointment type specified in pay for a rural covered veteran to travel to the date of the enactment of this Act, the paragraph (5)(B), the number of appoint- a health care facility to receive an examina- Secretary shall submit to the Committees on ments completed in-person and the number tion described in subsection (a). Veterans’ Affairs of the House of Representa- of appointments completed through the use (2) SHUTTLE SERVICE.—The Under Secretary tives and the Senate a report on the annual of telehealth. of Health shall seek to enter into agreements training under subsection (a), including— (7) If known, an identification of the med- with non-profit organizations to provide (1) a description of the curriculum of such ical facility of the Department in each Vet- shuttle service to rural covered veterans for training; erans Integrated Service Network with the examinations described in subsection (a). (2) with respect to the year preceding the largest rate of increase in patient population (d) REPORT REQUIRED.—Not later than 18 date of the report— of women veterans as measured by the in- months after the date of the enactment of (A) the number of facilities of the Depart- crease in unique women veteran patient use. this Act, the Secretary of Veterans Affairs ment that conducted such training; (8) If known, an identification of the med- shall submit to Congress a report regarding (B) the number of Department police offi- ical facility of the Department in each Vet- how many covered veterans scheduled ex- cers who received such training; and erans Integrated Service Network with the aminations described in subsection (a) after (C) any barriers to ensuring that each De- receiving a letter, telephone call, or email largest rate of decrease in patient population partment police officer receives such train- under that subsection. of women veterans as measured by the de- ing; (e) DEFINITIONS.—In this section: crease in unique women veterans patient (1) The term ‘‘covered veteran’’ means a (3) any recommendations to address the use. veteran who— barriers identified under paragraph (2)(C); The SPEAKER pro tempore. Pursu- (A) is enrolled in the patient enrollment and ant to the rule, the gentleman from system of the Department of Veterans Af- (4) the number of facilities of the Depart- ment that have entered into partnerships California (Mr. TAKANO) and the gen- fairs under section 1705 of title 38, United tleman from Tennessee (Mr. DAVID P. States Code; and pursuant to subsection (d). (f) DEPARTMENT POLICE OFFICER DEFINED.— ROE) each will control 20 minutes. (B) has not received health care furnished The Chair recognizes the gentleman or paid for by the Secretary of Veterans Af- In this section, the term ‘‘Department police fairs during the two years immediately pre- officer’’ means an employee of the Depart- from California. ceding the date in subsection (a)(1). ment of Veterans Affairs specified in section GENERAL LEAVE (2) The term ‘‘rural covered veteran’’ 902(a) of title 38, United States Code. Mr. TAKANO. Madam Speaker, I ask means a covered veteran— TITLE III—IMPROVEMENT OF CARE AND unanimous consent that all Members (A) who lives in an area served by the Of- SERVICES FOR WOMEN VETERANS have 5 legislative days in which to re- fice of Rural Health of the Department of SEC. 301. GAP ANALYSIS OF DEPARTMENT OF vise and extend their remarks and to Veterans Affairs; and VETERANS AFFAIRS PROGRAMS insert extraneous material on H.R. THAT PROVIDE ASSISTANCE TO (B) whom the Under Secretary of Health 8247, as amended. determines requires assistance to travel to a WOMEN VETERANS WHO ARE HOME- LESS. The SPEAKER pro tempore. Is there health care facility to receive an examina- (a) ANALYSIS.—The Secretary of Veterans tion described in subsection (a). objection to the request of the gen- Affairs shall complete an analysis of pro- (3) The term ‘‘veteran’’ has the meaning tleman from California? grams of the Department of Veterans Affairs given that term in section 101 of title 38, There was no objection. that provide assistance to women veterans United States Code. Mr. TAKANO. Madam Speaker, I who are homeless or precariously housed to yield myself such time as I may con- SEC. 205. POLICE CRISIS INTERVENTION TRAIN- identify the areas in which such programs ING OF DEPARTMENT OF VETERANS sume. AFFAIRS. are failing to meet the needs of such women. Madam Speaker, I rise in support of (b) REPORT.—Not later than 270 days after (a) TRAINING.—The Secretary of Veterans the date of the enactment of this Act, the H.R. 8247, the Veterans Comprehensive Affairs shall provide to Department police Prevention, Access to Care, and Treat- officers an annual training on the prevention Secretary shall submit to the Committees on of suicide among the population served by Veterans’ Affairs of the House of Representa- ment Act, or Veterans COMPACT Act. the Department police officers. tives and the Senate a report on the analysis While passing S. 785, the Commander (b) CURRICULUM.—In carrying out sub- completed under subsection (a). John Scott Hannon Veterans Mental section (a), the Secretary shall update any SEC. 302. REPORT ON LOCATIONS WHERE WOMEN Health Care Improvement Act can be similar training provided before the date of VETERANS ARE USING HEALTH viewed as a great success, no single the enactment of this Act to ensure that the CARE FROM DEPARTMENT OF VET- ERANS AFFAIRS. piece of legislation can comprehen- curriculum for the training addresses, at a sively prevent the tragedy of veteran minimum, the following: (a) REPORT.—Not later than 90 days after the date of the enactment of this Act, and suicide. (1) Effective behavioral science procedures We must continually find and work for suicide prevention and risk mitigation. annually thereafter, the Secretary of Vet- (2) Crisis intervention and de-escalation erans Affairs shall submit to the Committees to address gaps in prevention and care skills, including through the use of inter- on Veterans’ Affairs of the House of Rep- for veterans, especially those at active training. resentatives and the Senate a report on the heightened risk for suicide, including (3) Information about mental health and use by women veterans of health care from women veterans, veterans who have re- substance abuse disorders. the Department of Veterans Affairs. cently separated from the military (4) Information about local law enforce- (b) ELEMENTS.—Each report required by subsection (a) shall include the following in- service, veterans who haven’t used VA ment crisis intervention teams and other re- healthcare recently, and veterans in sources for veterans experiencing mental formation: (1) The number of women veterans who re- acute crisis. health crises available by the Department of The COMPACT Act contains nine Veterans Affairs, other elements of the Fed- side in each State. eral Government, and the community in (2) The number of women veterans in each provisions to further enhance veteran’s which the police officers serve. State who are enrolled in the patient enroll- mental health and well-being and pre- (c) CONSULTATION.—The Secretary shall en- ment system of the Department under sec- vent deaths by suicide. sure that the annual training provided to De- tion 1705(a) of title 38, United States Code. Madam Speaker, the House Com- partment police officers at a medical facility (3) Of the women veterans who are so en- mittee on Veterans’ Affairs approaches of the Department under subsection (a) is rolled, the number who have received health suicide prevention legislation within provided in consultation with law enforce- care under the laws administered by the Sec- retary at least one time during the one-year the CDC’s public health framework, ment training accreditation organizations emphasizing upstream prevention, tar- and the mental health experts at such facil- period preceding the submission of the re- ity. port. geted interventions for those veterans (d) PLAN ON COMMUNITY PARTNERSHIPS.— (4) The number of women veterans who at higher risk, and emergency care for The Secretary shall ensure that each police have been seen at each medical facility of those in suicidal crisis.

VerDate Sep 11 2014 07:18 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A23SE7.015 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4768 CONGRESSIONAL RECORD — HOUSE September 23, 2020 The COMPACT Act includes my pro- mark the end of Congress’ obligation. transition out of the military and into vision to remove financial barriers and We can and we must do more. their civilian lives, the bill would cre- ensure that veterans in acute suicidal Madam Speaker, we must implement ate a pilot program to allow crisis or at imminent risk of self-harm key recommendations from the White transitioning servicemembers to share will receive emergency stabilization House PREVENTS task force related information about the challenges and care and never see a bill for it. to lethal means safety and community stresses of transition and the benefits COMPACT also offers two provisions provider training. We must increase and services available through VA and designed to better understand the par- VA’s outreach to and care for minority other governmental and private-sector ticular needs of women veterans by di- and underserved veterans. entities with their loved ones. recting the VA to report on women vet- We stand ready to move this nego- To encourage veterans to engage in erans’ healthcare usage and the spe- tiated bill forward and immediately the VA healthcare system and take full cific program needs of women veterans get back to work. My hope is that the advantage of the services VA provides, experiencing homelessness and housing Senate stands ready as well. Politics it would require VA to conduct out- insecurity. must never come before the debt we reach to veterans who have not been It also includes two provisions aimed owe our veterans. seen by VA within the prior 2 years. at including veterans’ family members Before I say my final words in this Remember, Madam Speaker, that over with veterans’ permission in education opening piece about this legislation, I 60 percent of those veterans who com- programs to better support their vet- want to just again reiterate to our vet- mit suicide have not been in a VA erans. When we take care of families, erans out there who may be experi- healthcare facility in the last 2 years. we also take care of veterans. encing a crisis or who know a veteran To improve care to the growing num- Madam Speaker, this bill also man- who may be experiencing a crisis, to ber of women who are serving in uni- dates that VA report back to Congress please call the Veterans Crisis Line at form and seeking care as veterans, it on the details of Solid Start, a rel- 1–800–273–8255 and press 1. As Dr. ROE will require VA to produce an annual atively new VA approach to contacting said earlier today, it is okay not to be report on women veterans’ use of VA and supporting veterans who have re- okay. care and a gap analysis of the programs cently separated from the military. Again, 1–800–273–8255 and press 1, or that serve women veterans who are This is a known high-risk period for text 838255. homeless or at risk. suicide among veterans. For deaf or hard of hearing, please The bill also contains the text of COMPACT will ensure that veterans call 1–800–799–4889. H.R. 2435, the Accelerating Veterans who haven’t used VA healthcare re- Madam Speaker, I encourage my col- Recovery Outdoors Act, which is spon- cently get a reminder to come back in leagues to join me in support of H.R. sored by my friend, Congressman CHRIS for VA services, so they don’t inadvert- 8247, as amended, and I reserve the bal- SMITH from New Jersey, who is a senior ently lose eligibility for some of those ance of my time. Member here. Congressman SMITH is services. my friend, the former chairman of this b 1345 Because we know that VA police play committee, and a longtime champion important roles in keeping everyone Mr. DAVID P. ROE of Tennessee. of our Nation’s veterans. His bill would safe on VA campuses, this bill requires Madam Speaker, I yield myself such create a task force to examine what op- new annual trainings to make sure time as I may consume. portunities may exist for veterans to that all VA police officers are familiar Madam Speaker, I rise in support of use our country’s bountiful national with mental health challenges and H.R. 8247, as amended, the Veterans parks and other beautiful outdoor competent in crisis deescalation tech- Comprehensive Prevention, Access to spaces to improve their health and niques. Care, and Treatment Act of 2020. The wellness. As the saying goes, nature, Madam Speaker, finally, the COM- Veterans COMPACT Act is sponsored time, and patience are the three great PACT Act sets up an interagency task by my friend and fellow leader of the physicians. force to look at increasing veterans’ Veterans’ Affairs Committee, Chair- As an avid outdoorsman myself, I access to the outdoors and, in par- man MARK TAKANO from California. I know the healing benefits that nature ticular, use of our public lands for heal- thank the chairman for introducing offers, and I am grateful to Congress- ing and recreation. this bill, and I stand with him today in man SMITH for his work to increase I want to emphasize that the House full support of it. outdoor recreation for our Nation’s Committee on Veterans’ Affairs is al- This bill is a result of bipartisan, bi- veterans. ways willing to work in a bipartisan cameral negotiations with Senators Madam Speaker, I hope all of my col- and bicameral way to advance policies JERRY MORAN from Kansas and JON leagues will join me in supporting the to support veterans. And to that end, TESTER from Montana, the chairman Veterans COMPACT Act, and I reserve we sought and incorporated feedback and ranking member of the Senate the balance of my time. from stakeholders and we worked hard Committee on Veterans’ Affairs, and I Mr. TAKANO. Madam Speaker, I to find consensus with our House and thank them for their efforts as well. yield 1 minute to the gentlewoman Senate colleagues. To increase access to care to vet- from Illinois (Ms. KELLY) to speak on Madam Speaker, even though the De- erans at imminent risk for suicide, the H.R. 8247. partment of Veterans Affairs declined Veterans COMPACT Act would require Ms. KELLY of Illinois. Madam to appear and testify before us in the VA to cover the cost of emergent sui- Speaker, I rise to urge my colleagues House on this bill, we incorporated its cide care for veterans, including those to support H.R. 8247, the Veterans last-minute technical suggestions in with other than honorable discharges COMPACT Act. This important pack- the spirit of collaboration. And because who are in crisis. age will help veterans struggling with of their commitment to finding com- To make VA campuses safer places of mental health and slow the alarming mon ground and for working with the care and support for veterans in need, rate of veteran suicides in this coun- House to reach an agreed-upon bipar- it will require the VA police officers to try. tisan, bicameral piece of legislation, I receive regular training in suicide pre- This package includes my bipartisan want to thank Senators MORAN and vention. bill, H.R. 7747, which implements re- TESTER, and Dr. ROE and their staffs To ensure that veterans at risk of porting requirements for the VA Solid for their tireless efforts in helping suicide receive appropriate help at Start program. The Solid Start pro- craft this bill. Because of their work, home and their families are recognized gram is a new transitional program de- we are providing VA with additional and supported for the vital roles they signed to contact veterans three times tools and resources to reduce veteran play in the recovery process, it would during the first year after departing suicide. expand training and support for family military service. We should be clear that while we will members and caregivers of veterans Veterans are often at their most vul- pass two important pieces of legisla- with mental health disorders. nerable as they transition to civilian tion today to address the tragedy of To support veterans during the vul- life. From waking up to a less struc- veteran suicide, this certainly does not nerable period of time in which they tured day to having to navigate the

VerDate Sep 11 2014 07:18 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.052 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4769 often-frustrating VA benefits system, Madam Speaker, research has in- can begin to get out in this pandemic. veterans can feel alone or over- creasingly shown that outdoor recre- I know that has kept a lot of people in whelmed. But we can change that. ation can be an effective form of treat- their homes where they can’t get out The proactive engagement from this ment and healing for veterans. While and they feel trapped. Again, reach program has already produced positive many nonprofit organizations, VSOs, out. results. In its first year, VA represent- and other private companies have used Again, I thank the chairman for his atives have helped more than 750 vet- the outdoors to help heroes to heal, work on making this an important erans apply for disability benefits, and providing greater coordination among issue of the committee this year, and I several veterans in crisis were imme- key Federal agencies will open up new appreciate his leadership on that. diately connected to suicide prevention opportunities for veterans on public Madam Speaker, I encourage all of services. lands and other outdoor spaces. my colleagues to support this bill, and We need to build on that success. Blake, Madam Speaker, is a combat- I yield back the balance of my time. Sometimes all it takes is a friendly wounded veteran who served in Iraq. Mr. TAKANO. Madam Speaker, I voice on the other end of the line to By the time he was 20, Blake was suf- yield myself such time as I may con- make a difference. fering severe depression, anxiety, and sume. I hope all of my colleagues will join post-traumatic stress disorder. He I thank the ranking member for his me in supporting the Veterans COM- made three visits to the VA psychiatric assistance and partnership in getting PACT Act so we can give our veterans wards and a substance abuse rehab. But COMPACT to the finish line. I cer- the support they deserve. it was a backpacking trip led by the Si- tainly thank Chairman SMITH for his Mr. DAVID P. ROE of Tennessee. erra Club Military Outdoors that contribution. I agree with the chair- Madam Speaker, I yield 4 minutes to changed his entire perspective. man that the great outdoors—the tre- the gentleman from New Jersey (Mr. With growing hope, Blake began par- mendous resources that we have in our SMITH). My friend is the previous chair- ticipating in backpacking trips to Yo- country of our national parks—should man of the Veterans’ Affairs Com- semite, Ansel Adams, and Big Bend. He be made more available and accessible mittee and a great advocate of our Na- says the shared experiences in the out- to our veterans who are suffering the tion’s heroes. doors taught him purpose, self-reli- unseen wounds of war. So I thank the Mr. SMITH of New Jersey. First of gentleman so much for his contribu- all, Madam Speaker, I want to thank ance, and the healing powers of nature. Blake reports that ‘‘in every Texas tion. Chairman TAKANO. I give a special Madam Speaker, I want to urge all of thanks to him and the ranking mem- sunrise in the desert or a sunset next to an alpine lake, I found more beauty my colleagues to support H.R. 8247. I ber, Dr. ROE, for including my bipar- want to thank the staff; my own staff tisan bill, H.R. 2435, the Accelerating and serenity than I thought existed. I found camaraderie with other veterans director, Ray Kelley; and the tremen- Veterans Recovery Outdoors Act, into dous expertise that we brought on and the COMPACT Act that is before the in sharing our stories on the trail. The darkness of what I had experienced just the tremendous focus that they House today. were able to achieve during the past 18 Madam Speaker, introduced 17 couldn’t compare to the light I saw in watching a trout swim in the Merced months. months ago, I am especially grateful This is, indeed, a huge milestone River with Half Dome looming nearby. for the work of my good friend and col- today, to be standing here and to see And when the depression, anxiety, and league, ADAM SMITH from Washington, H.R. 8247 be passed before the House everything else that comes with PTSD the lead Democrat cosponsor, and all today. 135 cosponsors of this legislation. creeps back into my life, I know just Madam Speaker, I urge all of my col- I give special thanks to the veterans what to do: Strap on a pack and get leagues to vote ‘‘yes’’ on H.R. 8247, and service organizations, outdoor groups, outside.’’ I yield back the balance of my time. and a big, big shout-out to the Sierra Madam Speaker, I urge support for Ms. JACKSON LEE. Madam Speaker, as a Club for the groundbreaking work that the legislation, and I thank my friends senior member of the Committees on the Judi- they have done to advance outdoor for including it in this bill. ciary and Homeland Security, I rise in strong Mr. TAKANO. Madam Speaker, I recreation as an extraordinarily effec- support of H.R. 8247, the ‘‘Veterans Com- have no further speakers, and I am pre- tive form of healing for veterans suf- prehensive Prevention, Access to Care, and pared to close. fering from PTSD and other psycho- Treatment Act of 2020’’, which makes numer- Mr. DAVID P. ROE of Tennessee. logical consequences from their serv- ous improvements relating to Department of Madam Speaker, I yield myself such ice. Veterans Affairs services offered during the The legislation requires the Sec- time as I may consume. transition period for veterans, suicide preven- retary of Veterans Affairs to establish In closing, first of all, I want to tion for veterans, in addition to care and serv- an interagency task force on the use of thank the chairman for his persistence ices for women veterans. public lands to provide medical treat- in getting this bill done and including First and foremost, I want to thank all of our ment and therapy to veterans through Congressman SMITH. It is wonderful. armed servicemen and women for their self- I was out at Walter Reed a number of outdoor recreation. Specifically, the less dedication to our protection every day. task force duties include, first, to iden- years ago. They were talking about This country owes you all a great debt for tify opportunities to formalize coordi- PTSD, and I asked them: Well, do they your sacrifice. nation between the Department of Vet- like to fish? Would that help? It is no secret that the transition from active erans Affairs, public lands agencies, Chris said: Sure. duty to civilian life poses numerous challenges and partner organizations regarding I said: Well, I have got some of the and potential triggers to veterans. the use of public lands or other outdoor best trout streams in the world in my We have all heard the saying ‘‘it takes a vil- spaces for health and wellness for vet- district. lage’’. erans; second, to identify barriers that They said: Well, are they going to Providing support to veterans who have exist to providing veterans with oppor- catch any fish? mental illnesses is no different. tunities for health and wellness I said: They also have a fish hatchery That is why I appreciate this bill’s hands-on through the use of outdoor recreation in my district, and I guarantee they approach to involve loved ones in providing on public lands or other outdoor are going to catch fish. care to veterans who are struggling with their spaces; and, third, to develop rec- We had a wonderful event, and it does mental health. ommendations to better facilitate the help. There is no question about it. For example, this bill creates a pilot pro- use of public lands or other outdoor I was just thinking, when Congress- gram on information sharing of the assistance spaces for promoting wellness and fa- man SMITH said that, almost every and benefits available to veterans between the cilitating the delivery of health care weekend, I am on the Appalachian Department of Veterans Affairs (VA) and des- and therapy for veterans. Trail, which is very near my home, or ignated loved ones. After an exhaustive—hopefully, an other hiking trails with fellow vets out This legislation also stipulates that the VA to exhaustive—analysis, it will provide hiking. It is exactly as he described. It carry out an education program for family recommendations to Congress within a is therapeutic. I would encourage ev- members and caregivers of veterans with year. eryone to do it, especially now that we mental health disorders.

VerDate Sep 11 2014 07:18 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00051 Fmt 4634 Sfmt 9920 E:\CR\FM\K23SE7.053 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4770 CONGRESSIONAL RECORD — HOUSE September 23, 2020 It is well known that outreach continues to The text of the bill is as follows: veterans are more likely to live in pov- be a major obstacle for VA prevention efforts. H.R. 3798 erty than male veterans, and H.R. 8247 seeks to address this issue by Be it enacted by the Senate and House of Rep- transgender veterans are more likely requiring the VA to contact veterans by mail, resentatives of the United States of America in to live in poverty than cisgender vet- telephone, or email to urge them to come in Congress assembled, erans. Even a small copay can be insur- for a VA exam, so that they remain ‘‘actively SECTION 1. SHORT TITLE. mountable for someone trying to make enrolled’’ in the VA health care system. This Act may be cited as the ‘‘Equal Ac- ends meet. These continuous check-ins are also key to cess to Contraception for Veterans Act’’. Madam Speaker, passing this bill is addressing the startling suicide rates among SEC. 2. LIMITATION ON COPAYMENTS FOR CON- especially critical during the pan- TRACEPTION. veterans. Section 1722A(a)(2) of title 38, United demic. During times of crisis, such as For instance, veterans are 1.5 times more States Code, is amended— natural disaster and pandemics, the likely to die by suicide than Americans who (1) by striking ‘‘to pay’’ and all that fol- rate of unplanned pregnancy increases. never served in the military. lows through the period and inserting ‘‘to When so many Americans are experi- For female veterans, the risk factor is 2.2 pay—’’; and encing economic hardship, their access times more likely to die by suicide. (2) by adding at the end the following new to healthcare should be something that In 2017 alone, 6,100 veterans died by sui- subparagraphs: they do not have to worry about. This ‘‘(A) an amount in excess of the cost to the bill has wide VSO support and is also cide. Secretary for medication described in para- H.R. 8247 improves upon the status quo of graph (1); or supported by the Department of Vet- care for veterans with regards to mental health ‘‘(B) an amount for any contraceptive item erans Affairs. by promoting coordination between the VA for which coverage under health insurance I, again, thank Ms. BROWNLEY for her and the Suicide Prevention Coordinator at the coverage is required without the imposition leadership on this issue. I thank Dr. nearest VA facility. of any cost-sharing requirement pursuant to ROE and the minority staff for working This will help in determining if the individual section 2713(a)(4) of the Public Health Serv- with us on this bill, and I look forward in crisis is eligible for other VA benefits and ice Act (42 USC 300gg–13(a)(4)).’’. to working with our Senate counter- make referrals for appropriate follow-on care. The SPEAKER pro tempore. Pursu- parts to get it passed into law before Madam Speaker, I also applaud the bill’s ant to the rule, the gentleman from the 116th Congress. designation of the VA as the primary payer. California (Mr. TAKANO) and the gen- Madam Speaker, I reserve the bal- With this provision, we are not only remov- tleman from Tennessee (Mr. DAVID P. ance of my time. ing the out-of-pocket costs for veterans with ROE) each will control 20 minutes. Mr. DAVID P. ROE of Tennessee. Mr. respect to emergent mental health, but we are The Chair recognizes the gentleman Speaker, I yield myself such time as I also removing a barrier that prevents so many from California. may consume. from seeking help. GENERAL LEAVE I rise today in support of H.R. 3798, as Veterans are truly heroes walking among Mr. TAKANO. Madam Speaker, I ask amended, the Equal Access to Contra- us. unanimous consent that all Members ception for Veterans Act. Their sacrifices, and those of their families, may have 5 legislative days to revise This bill is sponsored by Congress- allow civilians to enjoy the benefits of our free- and extend their remarks and insert woman JULIA BROWNLEY from Cali- dom without a second thought. extraneous material on H.R. 3798, as fornia. Congresswoman BROWNLEY is Without the brave efforts of all the soldiers, amended. the chairwoman of the Subcommittee sailors, airmen, marines and Coast Guards- The SPEAKER pro tempore. Is there on Health and the bipartisan Women’s men and women and their families, our coun- objection to the request of the gen- Veterans Task Force, and I am grateful try would not live so freely. tleman from California? for her hard work and steadfast com- I offer my deepest gratitude to our nation’s There was no objection. mitment to improving care for all the troops and reservists, their families, and the Mr. TAKANO. Madam Speaker, I men and women who have served our 19.2 million veterans, including 28,227 in my yield myself such time as I may con- Nation in uniform. own district. sume. The Equal Access to Contraception Nine in ten military families believe the pub- Madam Speaker, H.R. 3798, as amend- Act would prevent the Department of lic does not understand or appreciate their ed, eliminates copayments on contra- Veterans Affairs from charging copay- sacrifices. ceptive items at the Department of ments for contraceptive items and Today, Congress has the opportunity to Veterans Affairs, ensuring that no vet- services that veterans receive in the show its appreciation for our military personnel erans, especially women veterans, face VA. This would create parity between by voting for H.R. 8247. economic barriers to a critical compo- the VA healthcare system and the rest The SPEAKER pro tempore. The nent of preventative healthcare. of the healthcare industry, which al- question is on the motion offered by I thank Congresswoman BROWNLEY ready exempts prescriptions for contra- the gentleman from California (Mr. for introducing this bill and for her ef- ception from cost-sharing require- TAKANO) that the House suspend the forts as chair of the Subcommittee on ments. rules and pass the bill, H.R. 8247, as Health and the Women’s Veterans Task Prior to coming to Congress, I spent amended. Force. 30 years in private practice as a board- The question was taken; and (two- Contraception is an essential part of certified OB/GYN physician, so I know thirds being in the affirmative) the healthcare, and more than 99 percent of firsthand the importance of reproduc- rules were suspended and the bill, as women have used birth control at some tive care and regular access to contra- amended, was passed. point in their lives. Women veterans ception. I am proud to sponsor this bill A motion to reconsider was laid on represent the fastest growing popu- today to increase access to contracep- the table. lation of veterans accessing care tion for the growing number of women through VA, and many are of reproduc- who are volunteering for the military f tive age. and enrolling in the VA healthcare sys- b 1400 Contraception is widely available at tem following their brave service. VA, and veterans enrolled at VA can Mr. Speaker, I reserve the balance of EQUAL ACCESS TO CONTRACEP- obtain oral contraceptives, shots, skin my time. TION FOR VETERANS ACT patches, vaginal rings, and long-acting Mr. TAKANO. Mr. Speaker, I yield 5 Mr. TAKANO. Madam Speaker, I reversible contraceptives, such as im- minutes to the gentlewoman from Cali- move to suspend the rules and pass the plants or intrauterine devices or IUDs. fornia (Ms. BROWNLEY), my good friend, bill (H.R. 3798) to amend title 38, In addition, the VA pharmacy dis- the chairwoman of the Subcommittee United States Code, to provide for limi- penses over-the-counter contracep- on Health, and also the author of this tations on copayments for contraceptives, including condoms and emer- important piece of legislation. tion furnished by the Department of gency contraception. Ms. BROWNLEY of California. Mr. Veterans Affairs, and for other pur- Requiring a copay for contraception Speaker, I rise today in support of H.R. poses, as amended. creates an unnecessary economic bar- 3798, the Equal Access to Contraception The Clerk read the title of the bill. rier to preventative healthcare. Women for Veterans Act, my bill to ensure

VerDate Sep 11 2014 07:18 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A23SE7.016 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4771 that women veterans have access to within the Committee of Veterans’ Af- years, I guess. I get this email from a the same contraception coverage as fairs and our daily work there. widow, who is a veteran, whose hus- women currently serving in the mili- I thank him for all that he has done. band died in his late forties with com- tary and on the same basis of women Whatever his next chapter is in his life, plications of Agent Orange. He served who receive private healthcare. I hope that he and his new bride enjoy on a service ship outside Vietnam that I thank the chairman for working every minute of it. offloaded Agent Orange. with me to advance this legislation, Mr. DAVID P. ROE of Tennessee. Mr. Finally, after all these years and the and I am proud that my bill passed the Speaker, I yield myself such time as I work, Mr. Speaker, we got this passed committee with broad bipartisan sup- may consume. in February, I think, of 2019. She got port. Mr. Speaker, I very, very much ap- backpay and a stipend for her and her As you may know, because of the Af- preciate the incredibly kind words. family for the service that her husband fordable Care Act, all women using ci- Some of those stories are probably had done. She was a veteran who had vilian health insurance may access even true that I tell. served, too, but not there. I thank the basic contraceptive services, like the Mr. Speaker, I would take a point of entire body for doing that because you pill or an IUD, without a copay. personal privilege before I close. This made a difference in this veteran’s life. Last year, the Access to Contracep- will probably be the last time I am Mr. Speaker, I, again, thank the tion for Servicemembers and Depend- down here to speak on the House floor body, the committee, all the people ents Act passed with overwhelming bi- as the ranking member of the Com- who have worked, and I certainly want partisan support as part of the annual mittee on Veterans’ Affairs before this to support Ms. BROWNLEY’s bill and her National Defense Authorization Act to Congress adjourns in January. kind words—I much appreciate that— ensure that TRICARE also provides Mr. Speaker, what an honor and and I encourage all Members to vote this basic health benefit to service- privilege it has been. And you cannot for this. members and their dependents. While be successful—and I think the chair- Mr. Speaker, I yield back the balance this was an important step, women vet- man will also emphasize this—without of my time. erans currently do not receive this ben- an incredible staff. I have been so Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume. efit from the VA. blessed with very, very, very com- Mr. Speaker, before I conclude my re- Clearly, we need to make sure all petent people on both sides of the aisle. marks on Ms. BROWNLEY’s important women who have served our country And it has been fun working with Ray piece of legislation on making contra- receive the same care. My bill will fix and the gentleman’s staff, and I thank ception available on the same basis as this inequity. him for that. They have always been the Department of Defense, I, too, want The benefits of contraception are respectful, and I have appreciated that. to add my words of praise to my col- widely recognized. Choosing when or if Mr. Speaker, you know it is probably league and my partner in the work in to have a family is essential to wom- time to retire from Congress when you the Committee on Veterans’ Affairs, en’s health and to their economic secu- have delivered one of your staff mem- Ranking Member Dr. PHIL ROE. rity. bers, which I have, that is on our side. Mr. Speaker, he has so much to point Today, there are 2 million women Mr. Speaker, it is not about us. It is to, the proud list of accomplishments: veterans living in the United States, about the veterans that we serve—all The Blue Water Navy bill was some- and women comprise the fastest grow- of us in this incredible body. How many thing that had a chain of ownership. I ing subpopulation of both the military times in your life do you get an oppor- happened to be the last one on the and veteran populations. Yet, many of tunity to really do good for people? chain. I know that the gentleman put a their health needs go unaddressed in a I will tell you what has influenced lot of work into that. VA system that has not evolved to eq- me. I grew up in a military town, Fort Even as we approach the month of uitably serve a rapidly changing popu- Campbell, Kentucky, Clarksville, Ten- October, we know that, finally, they lation. nessee, where the 101st Airborne is. My are going to implement the caregiver As the chairwoman of the Women’s scoutmaster, First Sergeant Thomas E. portion of that bill. What a tremendous Veterans Task Force and chair of the Thayer, was killed in 1965 in Vietnam. expansion of caregiver benefits that House Veterans’ Affairs’ Subcommittee He left four children. I saw what it did were previously only available to post- on Health, members of the task force to that family. I have never forgotten 9/11 veterans. I lament that it took and I have worked to identify dispari- that. that long, but it is here. ties in healthcare for women veterans After my service was over—I served Let’s also think about the tremen- and, where necessary, introduce, advo- in Korea in 1973–1974 in the Second In- dous progress we made on homeless- cate for, and pass legislation that fantry Division—I came back home, ness. It is not done, and it is not over, eliminates those gaps. saw what happened to our Nation’s vet- but we made tremendous strides na- Mr. Speaker, our veterans have sac- erans, how they were treated. That has tionwide in reducing veteran homeless- rificed so much for us and our country. changed. ness. We just passed today a very com- It is way past time that we address this I am thankful that this country no prehensive bill to deal with the re- inequity and fix this glaring gap in longer treats the veterans like they did mains of homelessness, which remains care of our women veterans. I urge my my Vietnam brothers and sisters who a very serious problem in my own colleagues to support our women vet- served. home State of California. erans and vote ‘‘yes’’ on H.R. 3798. We had the opportunity in this com- Mr. Speaker, Dr. ROE has helped Mr. Speaker, before I conclude, I, too, mittee, in a bipartisan way, as I said, shape our progress on veterans home- would just like to publicly acknowl- to make a difference. In the last Con- lessness in so many areas of policy re- edge my gratitude to Dr. ROE. When gress, we passed the Accountability lating to our Nation’s veterans. the Speaker says the ‘‘gentleman from and Whistleblower Protection bill; the Mr. Speaker, I join all of my col- Tennessee,’’ I believe he truly is a gen- Appeals Modernization that has helped leagues in saying that the Committee tleman in the eyes, I think, of all Mem- so many people; the Forever GI Bill, on Veterans’ Affairs will miss him. bers of Congress and, certainly, par- and I used the GI bill when I got out of I know his storytelling, but I learned ticularly mine. the military, and it helped me as a late this year of his affection for the He is a great storyteller that under- young family, and I know how it translate folksinger John Prine. I know Dr. scores the point that he is making at formed this country after World War II; ROE plays the guitar, and I hope that all times. There is no question that his the MISSION Act, and I could go on before he leaves, he will regale us at leadership and his advocacy for our and on—the bills we passed yesterday some point with either one of his songs veterans, both men and women, are un- and the bills we passed today, and we or one of the songs that he likes to touchable and unwavering. I would say will pass Congresswoman BROWNLEY’s play on that guitar. how much I have enjoyed working with bill in just a moment here. Mr. Speaker, I urge all of my col- him on the Committee of Veterans’ Af- I got an email last week. We get leagues to join me in passing H.R. 3798, fairs, and I know that he will be missed these all the time. We talked about the as amended, and I yield back the bal- by the entire House, but sorely missed blue water Navy for, I don’t know, 10 ance of my time.

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.057 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4772 CONGRESSIONAL RECORD — HOUSE September 23, 2020 b 1415 Gonzalez (TX) Malinowski Sa´ nchez Rice (SC) Smucker Walden Gottheimer Maloney, Sarbanes Roby Spano Walker The SPEAKER pro tempore (Mr. Green, Al (TX) Carolyn B. Scanlon Rodgers (WA) Stauber Walorski CUELLAR). The question is on the mo- Grijalva Maloney, Sean Schakowsky Roe, David P. Stefanik Waltz tion offered by the gentleman from Haaland Matsui Schiff Rogers (AL) Steil Watkins Harder (CA) McAdams Schneider Rogers (KY) Steube Weber (TX) California (Mr. TAKANO) that the House Hastings McBath Schrader Rose, John W. Stewart Webster (FL) suspend the rules and pass the bill, Hayes McCollum Schrier Rouzer Stivers Wenstrup Roy Taylor H.R. 3798, as amended. Heck McEachin Scott (VA) Westerman Higgins (NY) McGovern Rutherford Thompson (PA) Scott, David Williams The question was taken; and (two- Himes McNerney Scalise Thornberry Serrano Wilson (SC) thirds being in the affirmative) the Horn, Kendra S. Meeks Schweikert Tiffany Sewell (AL) Wittman rules were suspended and the bill, as Horsford Meng Shalala Scott, Austin Timmons Houlahan Mfume Sensenbrenner Tipton Womack amended, was passed. Sherman Woodall Hoyer Moore Sherrill Shimkus Turner A motion to reconsider was laid on Simpson Yoho Huffman Morelle Sires Upton Smith (MO) Van Drew Young the table. Jackson Lee Moulton Slotkin Jayapal Mucarsel-Powell Smith (NE) Wagner Zeldin Smith (WA) Jeffries Murphy (FL) Smith (NJ) Walberg f Soto Johnson (GA) Nadler Spanberger Johnson (TX) Napolitano NOT VOTING—9 PROVIDING FOR CONSIDERATION Speier Kaptur Neal Abraham Graves (GA) Riggleman Stanton OF H.R. 4447, EXPANDING ACCESS Keating Neguse Byrne Mitchell Rooney (FL) Stevens TO SUSTAINABLE ENERGY ACT Kelly (IL) Norcross Dunn Mullin Wright Kennedy O’Halleran Suozzi OF 2019; PROVIDING FOR CONSID- Swalwell (CA) ERATION OF H.R. 6270, UYGHUR Khanna Ocasio-Cortez b 1500 Kildee Omar Takano FORCED LABOR DISCLOSURE Kilmer Pallone Thompson (CA) Messrs. KING of New York and HURD Thompson (MS) ACT OF 2020; AND PROVIDING Kim Panetta of Texas changed their vote from ‘‘yea’’ FOR CONSIDERATION OF H.R. Kind Pappas Titus Kirkpatrick Pascrell Tlaib to ‘‘nay.’’ 8319, CONTINUING APPROPRIA- Krishnamoorthi Payne Tonko Mr. PETERSON changed his vote TIONS ACT, 2021 AND OTHER EX- Kuster (NH) Perlmutter Torres (CA) from ‘‘nay’’ to ‘‘yea.’’ TENSIONS ACT Lamb Peters Torres Small Langevin Peterson (NM) So the previous question was ordered. The SPEAKER pro tempore. Pursu- Larsen (WA) Phillips Trahan The result of the vote was announced ant to clause 8 of rule XX, the unfin- Larson (CT) Pingree Trone as above recorded. Underwood ished business is the vote on ordering Lawrence Pocan Lawson (FL) Porter Vargas MEMBERS RECORDED PURSUANT TO HOUSE the previous question on the resolution Lee (CA) Pressley Veasey RESOLUTION 965, 116TH CONGRESS (H. Res. 1129) providing for consider- Lee (NV) Price (NC) Vela Chu, Judy (Takano) Moore (Beyer) Vela´ zquez ation of the bill (H.R. 4447) to establish Levin (CA) Quigley DeSaulnier (Matsui) Mucarsel-Powell Visclosky Levin (MI) Raskin Frankel (Clark (MA)) an energy storage and microgrid grant Lieu, Ted Rice (NY) Wasserman (Wasserman and technical assistance program; pro- Lipinski Richmond Schultz Grijalva (Garcı´a (IL)) Schultz) viding for consideration of the bill Loebsack Rose (NY) Waters Hastings (Wasserman Napolitano (Correa) (H.R. 6270) to amend the Securities Ex- Lofgren Rouda Watson Coleman Schultz) Payne (Wasserman Lowenthal Roybal-Allard Welch Hayes (Courtney) Schultz) change Act of 1934 to require issuers to Lowey Ruiz Wexton Huffman (Thompson make certain disclosures relating to Luja´ n Ruppersberger Wild Pingree (Clark (MA)) (CA)) Pocan (Raskin) the Xinjiang Uyghur Autonomous Re- Luria Rush Wilson (FL) Jayapal (Raskin) Lynch Ryan Yarmuth Porter (Wexton) gion, and for other purposes; and pro- Kim (Davids (KS)) Richmond (Fudge) Kirkpatrick viding for consideration of the bill NAYS—190 Roybal-Allard (Gallego) (H.R. 8319) making continuing appro- ´ Aderholt Diaz-Balart Jordan Langevin (Lynch) (Cardenas) priations for fiscal year 2021, and for Allen Duncan Joyce (OH) Lawson (FL) (Evans) Rush (Underwood) other purposes, on which the yeas and Amash Emmer Joyce (PA) Lieu, Ted (Beyer) Serrano (Jeffries) nays were ordered. Amodei Estes Katko Armstrong Ferguson Keller Lipinski (Cooper) Speier (Scanlon) The Clerk read the title of the resolu- Arrington Fitzpatrick Kelly (MS) Lofgren (Jeffries) Tlaib (Dingell) tion. Babin Fleischmann Kelly (PA) Lowenthal (Beyer) Watson Coleman The SPEAKER pro tempore. The Bacon Flores King (IA) Lowey (Tonko) (Pallone) Baird Fortenberry King (NY) McEachin (Wexton) Welch (McGovern) question is on ordering the previous Balderson Foxx (NC) Kinzinger question. Banks Fulcher Kustoff (TN) Meng (Clark (MA)) Wilson (FL) (Adams) The vote was taken by electronic de- Barr Gaetz LaHood The SPEAKER pro tempore. The vice, and there were—yeas 231, nays Bergman Gallagher LaMalfa Biggs Garcia (CA) Lamborn question is on the resolution. 190, not voting 9, as follows: Bilirakis Gianforte Latta The question was taken; and the [Roll No. 199] Bishop (NC) Gibbs Lesko Speaker pro tempore announced that Bishop (UT) Gohmert Long the ayes appeared to have it. YEAS—231 Bost Gonzalez (OH) Loudermilk Adams Castro (TX) DeLauro Brady Gooden Lucas Mrs. LESKO. Mr. Speaker, on that I Aguilar Chu, Judy DelBene Brooks (AL) Gosar Luetkemeyer demand the yeas and nays. Allred Cicilline Delgado Brooks (IN) Granger Marchant The SPEAKER pro tempore. Pursu- Axne Cisneros Demings Buchanan Graves (LA) Marshall Barraga´ n Clark (MA) DeSaulnier Buck Graves (MO) Massie ant to section 3 of House Resolution Bass Clarke (NY) Deutch Bucshon Green (TN) Mast 965, the yeas and nays are ordered. Beatty Clay Dingell Budd Griffith McCarthy The vote was taken by electronic de- Bera Cleaver Doggett Burchett Grothman McCaul vice, and there were—yeas 229, nays Beyer Clyburn Doyle, Michael Burgess Guest McClintock Bishop (GA) Cohen F. Calvert Guthrie McHenry 187, not voting 14, as follows: Blumenauer Connolly Engel Carter (GA) Hagedorn McKinley [Roll No. 200] Blunt Rochester Cooper Escobar Carter (TX) Harris Meuser Bonamici Correa Eshoo Chabot Hartzler Miller YEAS—229 Boyle, Brendan Costa Espaillat Cheney Hern, Kevin Moolenaar Adams Boyle, Brendan Castro (TX) F. Courtney Evans Cline Herrera Beutler Mooney (WV) Aguilar F. Chu, Judy Brindisi Cox (CA) Finkenauer Cloud Hice (GA) Murphy (NC) Allred Brindisi Cicilline Brown (MD) Craig Fletcher Cole Higgins (LA) Newhouse Axne Brown (MD) Cisneros Brownley (CA) Crist Foster Collins (GA) Hill (AR) Norman Barraga´ n Brownley (CA) Clark (MA) Bustos Crow Frankel Comer Holding Nunes Bass Bustos Clarke (NY) Butterfield Cuellar Fudge Conaway Hollingsworth Olson Beatty Butterfield Clay Carbajal Cunningham Gabbard Cook Hudson Palazzo Bera Carbajal Cleaver Ca´ rdenas Davids (KS) Gallego Crawford Huizenga Palmer Ca´ rdenas Clyburn Beyer Carson (IN) Davis (CA) Garamendi Crenshaw Hurd (TX) Pence Carson (IN) Cohen Bishop (GA) Cartwright Davis, Danny K. Garcı´a (IL) Curtis Jacobs Perry Cartwright Connolly Blumenauer Case Dean Garcia (TX) Davidson (OH) Johnson (LA) Posey Case Cooper Casten (IL) DeFazio Golden Davis, Rodney Johnson (OH) Reed Blunt Rochester Casten (IL) Correa Castor (FL) DeGette Gomez DesJarlais Johnson (SD) Reschenthaler Bonamici Castor (FL) Costa

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.060 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4773 Courtney Kildee Price (NC) King (IA) Palazzo Stivers the gentleman from California (Mr. Cox (CA) Kilmer Quigley King (NY) Palmer Taylor MCNERNEY) that the House suspend the Craig Kim Raskin Kinzinger Pence Thompson (PA) Crist Kind Rice (NY) Kustoff (TN) Perry Thornberry rules and pass the bill, as amended. Crow Kirkpatrick Richmond LaHood Posey Tiffany The vote was taken by electronic de- Cuellar Krishnamoorthi Rose (NY) LaMalfa Reed Timmons vice, and there were—yeas 410, nays 5, Cunningham Kuster (NH) Rouda Lamborn Rice (SC) Tipton Davids (KS) Lamb Roybal-Allard Latta Roby Turner not voting 15, as follows: Lesko Roe, David P. Davis (CA) Langevin Ruiz Upton Davis, Danny K. Larsen (WA) Long Rogers (AL) [Roll No. 201] Ruppersberger Van Drew Loudermilk Dean Larson (CT) Rush Rogers (KY) YEAS—410 Lucas Rose, John W. Wagner DeFazio Lawrence Ryan DeLauro Lawson (FL) Luetkemeyer Rouzer Walberg Adams Davis, Danny K. Hurd (TX) Sa´ nchez DelBene Lee (CA) Marchant Roy Walden Aderholt Davis, Rodney Jackson Lee Sarbanes Delgado Lee (NV) Marshall Rutherford Walker Aguilar Dean Jacobs Scanlon Demings Levin (CA) Massie Scalise Walorski Allen DeFazio Jayapal DeSaulnier Levin (MI) Schakowsky Mast Schweikert Waltz Allred DeGette Jeffries Deutch Lieu, Ted Schiff McCarthy Scott, Austin Watkins Amodei DeLauro Johnson (GA) Dingell Lipinski Schneider McCaul Sensenbrenner Weber (TX) Armstrong DelBene Johnson (LA) Doggett Loebsack Schrader McClintock Shimkus Webster (FL) Arrington Delgado Johnson (OH) Doyle, Michael Lofgren Schrier McHenry Simpson Wenstrup Axne Demings Johnson (SD) Babin DeSaulnier Johnson (TX) F. Lowenthal Scott (VA) McKinley Smith (MO) Westerman Bacon DesJarlais Jordan Engel Lowey Scott, David Meuser Smith (NE) Williams Baird Deutch Joyce (OH) Escobar Luja´ n Serrano Miller Smith (NJ) Wilson (SC) Eshoo Luria Sewell (AL) Moolenaar Smucker Balderson Diaz-Balart Joyce (PA) Wittman Banks Dingell Kaptur Espaillat Lynch Shalala Mooney (WV) Spano Womack Evans Malinowski Sherman Murphy (NC) Stauber Barr Doggett Katko Woodall ´ Finkenauer Maloney, Newhouse Stefanik Barragan Doyle, Michael Keating Sherrill Yoho Fletcher Carolyn B. Sires Norman Steil Bass F. Keller Young Beatty Duncan Kelly (IL) Foster Maloney, Sean Slotkin Nunes Steube Zeldin Bera Emmer Kelly (MS) Frankel Matsui Smith (WA) Olson Stewart Bergman Engel Kelly (PA) Fudge McAdams Soto NOT VOTING—14 Beyer Escobar Kennedy Gabbard McBath Spanberger Biggs Eshoo Khanna Gallego McCollum Speier Abraham Hill (AR) Riggleman Garamendi McEachin Byrne Mitchell Rodgers (WA) Bilirakis Espaillat Kildee Stanton Bishop (GA) Estes Kilmer Garcı´a (IL) McGovern DeGette Mullin Rooney (FL) Stevens Bishop (NC) Evans Kim Garcia (TX) McNerney Suozzi Dunn Peterson Wright Golden Meeks Graves (GA) Reschenthaler Blumenauer Ferguson Kind Swalwell (CA) Blunt Rochester Finkenauer King (IA) Gomez Meng Takano Gonzalez (TX) Mfume b 1546 Bonamici Fitzpatrick King (NY) Thompson (CA) Bost Fleischmann Kinzinger Gottheimer Moore Thompson (MS) Mr. VAN DREW changed his vote Green, Al (TX) Morelle Boyle, Brendan Fletcher Kirkpatrick Titus Grijalva Moulton from ‘‘yea’’ to ‘‘nay.’’ F. Flores Krishnamoorthi Tlaib Haaland Mucarsel-Powell So the resolution was agreed to. Brady Foster Kuster (NH) Tonko Harder (CA) Murphy (FL) Brindisi Foxx (NC) Kustoff (TN) Torres (CA) The result of the vote was announced Hastings Nadler Brooks (AL) Frankel LaHood Torres Small as above recorded. Hayes Napolitano Brooks (IN) Fudge LaMalfa (NM) Heck Neal A motion to reconsider was laid on Brown (MD) Fulcher Lamb Higgins (NY) Neguse Trahan the table. Brownley (CA) Gabbard Lamborn Trone Buchanan Gaetz Langevin Himes Norcross MEMBERS RECORDED PURSUANT TO HOUSE Horn, Kendra S. O’Halleran Underwood Buck Gallagher Larsen (WA) RESOLUTION 965, 116TH CONGRESS Horsford Ocasio-Cortez Vargas Bucshon Gallego Larson (CT) Houlahan Omar Veasey Chu, Judy (Takano) Moore (Beyer) Burchett Garamendi Latta Hoyer Pallone Vela DeSaulnier (Matsui) Mucarsel-Powell Burgess Garcia (CA) Lawrence ´ Huffman Panetta Vela´ zquez Frankel (Clark (MA)) Bustos Garcıa (IL) Lawson (FL) (Wasserman Butterfield Garcia (TX) Lee (CA) Jackson Lee Pappas Visclosky Grijalva (Garcı´a (IL)) Wasserman Schultz) Calvert Gianforte Lee (NV) Jayapal Pascrell Hastings (Wasserman Jeffries Payne Schultz Napolitano (Correa) Carbajal Gibbs Lesko ´ Johnson (GA) Perlmutter Waters Schultz) Payne (Wasserman Cardenas Gohmert Levin (CA) Johnson (TX) Peters Watson Coleman Hayes (Courtney) Schultz) Carson (IN) Golden Levin (MI) Kaptur Phillips Welch Huffman (Thompson Carter (GA) Gomez Lieu, Ted Pingree (Clark (MA)) Carter (TX) Gonzalez (OH) Lipinski Keating Pingree Wexton (CA)) Pocan (Raskin) Kelly (IL) Pocan Wild Jayapal (Raskin) Cartwright Gonzalez (TX) Loebsack Porter (Wexton) Case Gooden Lofgren Kennedy Porter Wilson (FL) Kim (Davids (KS)) Richmond (Fudge) Casten (IL) Gosar Long Khanna Pressley Yarmuth Kirkpatrick Roybal-Allard Castor (FL) Gottheimer Loudermilk (Gallego) NAYS—187 ´ Castro (TX) Granger Lowenthal Langevin (Lynch) (Cardenas) Chabot Graves (LA) Lowey Aderholt Cline Gosar Lawson (FL) (Evans) Rush (Underwood) Cheney Graves (MO) Lucas Allen Cloud Granger Lieu, Ted (Beyer) Serrano (Jeffries) Chu, Judy Green (TN) Luetkemeyer ´ Amash Cole Graves (LA) Lipinski (Cooper) Speier (Scanlon) Cicilline Green, Al (TX) Lujan Amodei Collins (GA) Graves (MO) Tlaib (Dingell) Cisneros Griffith Luria Armstrong Comer Green (TN) Lofgren (Jeffries) Clark (MA) Grijalva Lynch Arrington Conaway Griffith Lowenthal (Beyer) Watson Coleman Clarke (NY) Grothman Malinowski Babin Cook Grothman Lowey (Tonko) (Pallone) Clay Guest Maloney, Bacon Crawford Guest McEachin (Wexton) Welch (McGovern) Cleaver Guthrie Carolyn B. Baird Crenshaw Guthrie Meng (Clark (MA)) Wilson (FL) (Adams) Cline Haaland Maloney, Sean Balderson Curtis Hagedorn Cloud Hagedorn Marchant Banks Davidson (OH) Harris f Clyburn Harder (CA) Marshall Barr Davis, Rodney Hartzler DON’T BREAK UP THE T-BAND ACT Cole Harris Mast Bergman DesJarlais Hern, Kevin Collins (GA) Hartzler Matsui Biggs Diaz-Balart Herrera Beutler OF 2020 Comer Hastings McAdams Bilirakis Duncan Hice (GA) The SPEAKER pro tempore. Pursu- Conaway Hayes McBath Bishop (NC) Emmer Higgins (LA) Connolly Heck McCarthy Bishop (UT) Estes Holding ant to clause 8 of rule XX, the unfin- Cook Hern, Kevin McCaul Bost Ferguson Hollingsworth ished business is the vote on the mo- Cooper Herrera Beutler McClintock Brady Fitzpatrick Hudson tion to suspend the rules and pass the Correa Hice (GA) McCollum Brooks (AL) Fleischmann Huizenga Costa Higgins (LA) McEachin Brooks (IN) Flores Hurd (TX) bill (H.R. 451) to repeal the section of Courtney Higgins (NY) McGovern Buchanan Fortenberry Jacobs the Middle Class Tax Relief and Job Cox (CA) Hill (AR) McKinley Buck Foxx (NC) Johnson (LA) Creation Act of 2012 that requires the Craig Himes McNerney Bucshon Fulcher Johnson (OH) Federal Communications Commission Crawford Holding Meeks Budd Gaetz Johnson (SD) Crenshaw Hollingsworth Meng Burchett Gallagher Jordan to reallocate and auction the T-Band Crist Horn, Kendra S. Meuser Burgess Garcia (CA) Joyce (OH) spectrum, as amended, on which the Crow Horsford Mfume Calvert Gianforte Joyce (PA) yeas and nays were ordered. Cuellar Houlahan Miller Carter (GA) Gibbs Katko The Clerk read the title of the bill. Cunningham Hoyer Moolenaar Carter (TX) Gohmert Keller Curtis Hudson Mooney (WV) Chabot Gonzalez (OH) Kelly (MS) The SPEAKER pro tempore. The Davids (KS) Huffman Moore Cheney Gooden Kelly (PA) question is on the motion offered by Davis (CA) Huizenga Morelle

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Moulton Roybal-Allard Thompson (PA) Hayes (Courtney) Napolitano (Correa) PART 2—EXTENDED PRODUCT SYSTEM REBATE Mucarsel-Powell Ruiz Thornberry Huffman (Thompson Payne (Wasserman PROGRAM Murphy (FL) Ruppersberger Tiffany (CA)) Schultz) Sec. 1211. Extended Product System Rebate Pro- Murphy (NC) Rush Timmons Nadler Rutherford Jayapal (Raskin) Pingree (Clark (MA)) gram. Tipton Kim (Davids (KS)) Napolitano Ryan Titus Pocan (Raskin) PART 3—TRANSFORMER REBATE PROGRAM ´ Kirkpatrick Neal Sanchez Tlaib Porter (Wexton) Sec. 1221. Energy Efficient Transformer Rebate Neguse Sarbanes (Gallego) Tonko Richmond (Fudge) Program. Newhouse Scalise Torres (CA) Langevin (Lynch) Roybal-Allard Norcross Scanlon Subtitle C—Federal Agency Energy Efficiency Torres Small Lawson (FL) (Evans) (Ca´ rdenas) Norman Schakowsky (NM) Lieu, Ted (Beyer) Sec. 1301. Energy-efficient and energy-saving Nunes Schiff Rush (Underwood) Trahan O’Halleran Schneider Lipinski (Cooper) information technologies. Trone Serrano (Jeffries) Ocasio-Cortez Schrader Lofgren (Jeffries) Sec. 1302. Energy efficient data centers. Turner Speier (Scanlon) Olson Schrier Lowenthal (Beyer) Subtitle D—Regulatory Provisions Underwood Tlaib (Dingell) Omar Schweikert Lowey (Tonko) PART 1—FEDERAL GREEN BUILDINGS Palazzo Scott (VA) Upton McEachin (Wexton) Watson Coleman Van Drew Sec. 1401. High-performance green Federal Pallone Scott, Austin Meng (Clark (MA)) (Pallone) Palmer Scott, David Vargas Welch (McGovern) buildings. Veasey Moore (Beyer) Panetta Sensenbrenner Wilson (FL) (Adams) PART 2—ENERGY AND WATER PERFORMANCE Pappas Serrano Vela Mucarsel-Powell REQUIREMENTS FOR FEDERAL BUILDINGS Pascrell Sewell (AL) Vela´ zquez (Wasserman Payne Shalala Visclosky Schultz) Sec. 1411. Federal Energy Management Pro- Pence Sherman Wagner f gram. Perlmutter Sherrill Walberg Sec. 1412. Federal building energy efficiency Peters Shimkus Walden b 1630 performance standards; certifi- Peterson Simpson Walorski EXPANDING ACCESS TO SUSTAIN- cation system and level for green Phillips Sires Waltz buildings. Pingree Slotkin Wasserman ABLE ENERGY ACT OF 2019 Sec. 1413. Use of energy and water efficiency Pocan Smith (MO) Schultz measures in Federal buildings. Porter Smith (NE) Waters Mr. PALLONE. Madam Speaker, pur- Posey Smith (NJ) Watkins suant to House Resolution 1129, I call Subtitle E—HOPE for HOMES Pressley Smith (WA) Watson Coleman up the bill (H.R. 4447) to establish an Sec. 1501. Definitions. Price (NC) Smucker Weber (TX) energy storage and microgrid grant PART 1—HOPE TRAINING Quigley Soto Webster (FL) Raskin Spanberger Welch and technical assistance program. Sec. 1511. Notice for HOPE Qualification train- Reed Spano Wenstrup The Clerk read the title of the bill. ing and grants. Reschenthaler Speier Westerman The SPEAKER pro tempore (Ms. Sec. 1512. Course criteria. Rice (NY) Stanton Wexton Sec. 1513. HOPE Qualification. Rice (SC) Stauber TITUS). Pursuant to House Resolution Richmond Stefanik Wild 1129, in lieu of the amendment in the Sec. 1514. Grants. Roby Steil Williams Sec. 1515. Authorization of appropriations. Wilson (FL) nature of a substitute recommended by Rodgers (WA) Stevens PART 2—HOME ENERGY SAVINGS RETROFIT Wilson (SC) the Committee on Energy and Com- Roe, David P. Stewart REBATE PROGRAM Rogers (AL) Stivers Wittman merce printed in the bill, an amend- Rogers (KY) Suozzi Womack ment in the nature of a substitute con- Sec. 1521. Establishment of Home Energy Sav- ings Retrofit Rebate Program. Rose (NY) Swalwell (CA) Woodall sisting of the text of Rules Committee Rose, John W. Takano Yarmuth Sec. 1522. Partial system rebates. Rouda Taylor Yoho Print 116–63, modified by the amend- Sec. 1523. State administered rebates. Rouzer Thompson (CA) Young ment printed in part A of House Report Sec. 1524. Special provisions for moderate in- Roy Thompson (MS) Zeldin 116–528, is adopted, and the bill, as come households. NAYS—5 amended, is considered read. Sec. 1525. Evaluation reports to Congress. The text of the bill, as amended, is as Sec. 1526. Administration. Amash Massie Steube Sec. 1527. Authorization of appropriations. Davidson (OH) Perry follows: PART 3—GENERAL PROVISIONS H.R. 4447 NOT VOTING—15 Sec. 1531. Appointment of personnel. Be it enacted by the Senate and House of Rep- Abraham Dunn Mullin Sec. 1532. Maintenance of funding. resentatives of the United States of America in Bishop (UT) Fortenberry Riggleman Subtitle F—Weatherization Budd Graves (GA) Rooney (FL) Congress assembled, Byrne McHenry Walker SECTION 1. SHORT TITLE. Sec. 1601. Weatherization assistance program. Cohen Mitchell Wright (a) SHORT TITLE.—This Act may be cited as Sec. 1602. Report on waivers. the ‘‘Clean Economy Jobs and Innovation Act’’. Sec. 1603. Application of wage rate require- b 1626 (b) TABLE OF CONTENTS.—The table of con- ments to Weatherization Assist- ance Program. Mr. FERGUSON changed his vote tents for this Act is as follows: Sec. 1. Short title. Subtitle G—Energy and Water Research from ‘‘nay’’ to ‘‘yea.’’ Integration So (two-thirds being in the affirma- TITLE I—ENERGY EFFICIENCY Sec. 1701. Integrating energy and water re- Subtitle A—Buildings tive) the rules were suspended and the search. bill, as amended, was passed. PART 1—BUILDING ENERGY CODES Sec. 1702. Energy-water oversight and coordi- The result of the vote was announced Sec. 1101. Greater energy efficiency in building nation. as above recorded. codes. Sec. 1703. Rule of construction. The title of the bill was amended so Sec. 1102. Cost-effective codes implementation Sec. 1704. Coordination and nonduplication. as to read: ‘‘A bill to repeal the re- for efficiency and resilience. Sec. 1705. Definitions. quirement to reallocate and auction Sec. 1103. Commercial building energy con- Subtitle H—Other Matters sumption information sharing. the T-Band spectrum, to amend the Sec. 1801. Modifications to the ceiling fan en- Wireless Communications and Public PART 2—WORKER TRAINING AND CAPACITY ergy conservation standard. BUILDING Safety Act of 1999 to clarify acceptable Sec. 1802. Smart energy and water efficiency program. 9–1–1 obligations or expenditures, and Sec. 1111. Building training and assessment centers. Sec. 1803. Energy Efficiency and Conservation for other purposes.’’. Sec. 1112. Career skills training. Block Grant Program. A motion to reconsider was laid on PART 3—SCHOOL BUILDINGS Sec. 1804. Energy efficient public buildings. the table. Sec. 1805. Smart buildings. Sec. 1121. Coordination of energy retrofitting Stated for: assistance for schools. TITLE II—RENEWABLE ENERGY Mr. FORTENBERRY. Madam Speaker, on Subtitle B—Industrial Efficiency and Subtitle A—Energy Storage Wednesday, September 23, 2020, I missed Competitiveness PART 1—CONSIDERATION OF ENERGY STORAGE roll call vote No. 201. Had I been present, I SYSTEMS PART 1—MANUFACTURING ENERGY EFFICIENCY would have voted ‘‘aye.’’ Sec. 2101. Consideration of energy storage sys- Sec. 1201. Purposes. tems. MEMBERS RECORDED PURSUANT TO HOUSE Sec. 1202. Future of Industry program and in- Sec. 2102. Coordination of programs. RESOLUTION 965, 116TH CONGRESS dustrial research and assessment Chu, Judy (Takano) Grijalva (Garcı´a (IL)) centers. PART 2—ENERGY STORAGE AND MICROGRID DeSaulnier (Matsui) Hastings (Wasserman Sec. 1203. Sustainable manufacturing initiative. PROJECTS Frankel (Clark (MA)) Schultz) Sec. 1204. Conforming amendments. Sec. 2121. Definitions.

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00056 Fmt 4634 Sfmt 6343 E:\CR\FM\A23SE7.023 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4775 Sec. 2122. Energy storage and microgrid assist- Sec. 2602. Land use planning; supplements to Sec. 5302. Critical mineral recycling and reuse ance program. programmatic environmental im- research, development, and dem- Sec. 2123. Authorization of appropriations. pact statements. onstration program. Subtitle B—Dam Safety Sec. 2603. Environmental review on covered PART 2—GRID MODERNIZATION RESEARCH AND Sec. 2201. Hydroelectric production incentives land. DEVELOPMENT Sec. 2604. Program to improve renewable energy and efficiency improvements. Sec. 5321. Smart grid regional demonstration project permit coordination. Sec. 2202. FERC briefing on Edenville Dam and initiative. Sec. 2605. Increasing economic certainty. Sanford Dam failures. Sec. 5322. Smart grid modeling, visualization, Sec. 2606. Renewable energy goal. Sec. 2203. Dam safety conditions. architecture, and controls. Sec. 2607. Facilitation of coproduction of geo- Sec. 2204. Dam safety requirements. Sec. 5323. Hybrid energy systems. thermal energy on oil and gas Sec. 2205. Viability procedures. Sec. 5324. Grid integration research and devel- leases. Sec. 2206. FERC dam safety technical con- opment. Sec. 2608. Noncompetitive leasing of adjoining ference with States. Sec. 5325. Industry alliance. areas for development of geo- Sec. 2207. Required dam safety communications Sec. 5326. Coordination of efforts. thermal resources. between FERC and States. Sec. 5327. Technical amendments; authorization Sec. 2609. Savings clause. Subtitle C—Distributed Renewable Energy of appropriations. TITLE III—CARBON POLLUTION Sec. 2301. Definitions. PART 3—GRID SECURITY RESEARCH AND REDUCTION TECHNOLOGIES Sec. 2302. Establishment or designation of the DEVELOPMENT Subtitle A—Fossil Energy Research and Distributed Energy Opportunity Sec. 5341. Amendment to Energy Independence Development Board. and Security Act of 2007. Sec. 2303. Distributed Energy Opportunity Com- Sec. 3101. Definitions. Sec. 5342. Critical infrastructure research and munities. Sec. 3102. Fossil energy objectives. construction. Sec. 2304. Authorization of appropriations. Sec. 3103. Carbon capture technologies. Sec. 5343. Conforming amendment. Sec. 3104. Natural gas carbon capture research, Subtitle D—Low-income Solar Subtitle D—Tribal Energy Sec. 2401. Grant program for solar installations development, and demonstration program. Sec. 5401. Indian energy. located in, or that serve, low-in- Sec. 5402. Report on electricity access and reli- come and underserved areas. Sec. 3105. Carbon storage validation and testing. ability. Subtitle E—Research and Development Sec. 3106. Carbon utilization. TITLE VI—TRANSPORTATION PART 1—SOLAR ENERGY RESEARCH AND Sec. 3107. Advanced energy systems. Subtitle A—Diesel Emissions Reduction DEVELOPMENT Sec. 3108. Rare earth elements. Sec. 6101. Reauthorization of diesel emissions Sec. 2501. Definitions. Sec. 3109. Methane hydrate research amend- reduction program. Sec. 2502. Solar energy research and developments. ment. Sec. 3110. Carbon removal. Subtitle B—Clean School Bus Program Sec. 2503. Solar energy demonstration projects. Sec. 3111. Methane leak detection and mitiga- Sec. 6201. Reauthorization of Clean School Bus Sec. 2504. Next generation solar energy manu- tion. Program. facturing initiative. Sec. 3112. Waste gas utilization. Subtitle C—Clean Cities Coalition Program Sec. 2505. Photovoltaic device recycling re- Sec. 3113. National energy technology labora- Sec. 6301. Clean Cities Coalition Program. search and development. tory reforms. Sec. 2506. Authorization of appropriations. Sec. 3114. Climate Solutions Challenges. Subtitle D—Renewable Fuel Standard Integrity PART 2—WIND ENERGY RESEARCH AND Subtitle B—Controlling Methane Leaks Sec. 6401. Annual deadline for petitions by small refineries for exemptions DEVELOPMENT Sec. 3201. Improving the natural gas distribu- from renewable fuel requirements. Sec. 2521. Definitions. tion system. Sec. 6402. Information in petition subject to Sec. 2522. Wind energy research and develop- Subtitle C—Eminent Domain Reform ment. public disclosure. Sec. 2523. Wind energy demonstration and vali- Sec. 3301. Modifications to exercise of the right Subtitle E—EV Infrastructure of eminent domain by holder of a dation projects. Sec. 6501. Definitions. certificate of public convenience Sec. 2524. Wind energy incubator funding. Sec. 6502. Electric vehicle supply equipment re- and necessity. Sec. 2525. Mitigating regulatory and market bate program. barriers. TITLE IV—NUCLEAR ENERGY Sec. 6503. Expanding access to electric vehicles Sec. 2526. Authorization of appropriations. Subtitle A—Advanced Nuclear Fuel Availability in underserved communities. PART 3—ADVANCED GEOTHERMAL RESEARCH AND Sec. 4101. Program. Sec. 6504. Ensuring program benefits for under- DEVELOPMENT Sec. 4102. Reports to Congress. served and disadvantaged commu- Sec. 2541. Definitions. Sec. 4103. Authorization of appropriations. nities. Sec. 2542. Hydrothermal research and develop- Sec. 4104. Definitions. Sec. 6505. Model building code for electric vehicle supply equipment. ment. Subtitle B—Nuclear Energy Leadership Act Sec. 2543. General geothermal systems research Sec. 6506. Electric vehicle supply equipment co- and development. Sec. 4201. Definitions. ordination. Sec. 2544. Enhanced geothermal systems re- Sec. 4202. Nuclear energy research, develop- Sec. 6507. State consideration of electric vehicle search and development. ment, demonstration, and com- charging. Sec. 2545. Geothermal heat pumps and direct mercial application programs. Sec. 6508. State energy plans. use. Sec. 4203. Nuclear energy budget plan. Sec. 6509. Transportation electrification. Sec. 2546. Cost sharing and proposal evalua- Sec. 4204. Organization and administration of Sec. 6510. Federal fleets. tion. programs. Sec. 6511. Domestic Manufacturing Conversion Sec. 2547. Advanced geothermal computing and Subtitle C—Defending Against Rosatom Exports Grant Program. data science research and devel- Sec. 4301. Extension and expansion of limita- Sec. 6512. Advanced technology vehicles manu- opment. tions on importation of uranium facturing incentive program. Sec. 2548. Geothermal workforce development. from Russian Federation. Subtitle F—Vehicles Used for Competition Sec. 2549. Organization and administration of TITLE V—ELECTRIC GRID AND Sec. 6601. Treatment of vehicles not legal for programs. CYBERSECURITY operation on a street or highway Sec. 2550. Repeals. and used solely for competition. Sec. 2551. Authorization of appropriations. Subtitle A—Electric Grid Sec. 2552. International geothermal energy de- PART 1—21ST CENTURY POWER GRID TITLE VII—ADVANCED RESEARCH PROJECTS AGENCY—ENERGY velopment. Sec. 5101. 21st Century Power Grid. Sec. 2553. Reauthorization of High Cost Region Sec. 7001. ARPA–E amendments. PART 2—TRANSMISSION PLANNING Geothermal Energy Grant Pro- TITLE VIII—TECHNOLOGY TRANSFER gram. Sec. 5111. Interregional transmission planning report. Sec. 8001. Definitions. PART 4—WATER POWER RESEARCH AND Sec. 5112. Interregional transmission planning Subtitle A—National Clean Energy Technology DEVELOPMENT rulemaking. Transfer Programs Sec. 2561. Water power research and develop- Subtitle B—State Energy Security Plans Sec. 8101. Regional clean energy innovation ment. program. Sec. 2562. Conforming amendments. Sec. 5201. State energy security plans. Sec. 8102. National clean energy incubator pro- Subtitle C—Research and Development Subtitle F—Public Lands Renewable Energy gram. Development PART 1—BETTER ENERGY STORAGE TECHNOLOGY Sec. 8103. Clean energy technology university Sec. 2601. Definitions. Sec. 5301. Energy storage. prize competition.

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00057 Fmt 4634 Sfmt 6343 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4776 CONGRESSIONAL RECORD — HOUSE September 23, 2020 Sec. 8104. Energy I-Corps. Subtitle B—National Materials and Minerals TITLE I—ENERGY EFFICIENCY Sec. 8105. Clean energy technology transfer co- Policy, Research, and Development Subtitle A—Buildings ordination. Sec. 10141. Amendments to National Materials PART 1—BUILDING ENERGY CODES Subtitle B—Supporting Technology and Minerals Policy, Research SEC. 1101. GREATER ENERGY EFFICIENCY IN Development At the National Laboratories and Development Act of 1980. BUILDING CODES. Sec. 8201. Lab partnering service pilot program. Sec. 10142. Conforming repeal. (a) DEFINITIONS.—Section 303 of the Energy Sec. 8202. Lab-embedded entrepreneurship pro- TITLE XI—ENVIRONMENTAL JUSTICE Conservation and Production Act (42 U.S.C. gram. Sec. 11001. Definitions. 6832) is amended— Sec. 8203. Small business voucher program. Sec. 11002. Environmental justice community (1) by striking paragraph (14) and inserting Sec. 8204. Entrepreneurial leave program. technical assistance grants. the following: Sec. 8205. National laboratory employee outside Sec. 11003. Interagency Federal working group ‘‘(14) MODEL BUILDING ENERGY CODE.—The employment authority. on environmental justice. term ‘model building energy code’ means a vol- Sec. 8206. Technology commercialization fund. Sec. 11004. Federal agency actions to address untary building energy code or standard devel- Sec. 8207. Signature authority. environmental justice. oped and updated by interested persons, such as the code or standard developed by— Subtitle C—Department of Energy Sec. 11005. Training of employees of Federal ‘‘(A) the Council of American Building Offi- Modernization agencies. cials, or its legal successor, International Code Sec. 11006. Environmental justice basic training Sec. 8301. Technology Transfer Program. Council, Inc.; program. Sec. 8302. Management of demonstration ‘‘(B) the American Society of Heating, Refrig- projects. Sec. 11007. Environmental justice clearing- erating, and Air-Conditioning Engineers; or Sec. 8303. Streamlining prize competitions. house. ‘‘(C) other appropriate organizations.’’; and Sec. 8304. Milestone-based demonstration Sec. 11008. Public meetings. (2) by adding at the end the following: projects. Sec. 11009. National environmental justice advi- ‘‘(17) IECC.—The term ‘IECC’ means the Sec. 8305. Cost-share waiver extension. sory council. International Energy Conservation Code. Sec. 8306. Special hiring authority for scientific, Sec. 11010. Environmental justice grant pro- ‘‘(18) INDIAN TRIBE.—The term ‘Indian tribe’ engineering, and project manage- grams. has the meaning given the term in section 4 of ment personnel. Sec. 11011. Environmental justice community the Native American Housing Assistance and Sec. 8307. Technology transfer reports and eval- solid waste disposal technical as- Self-Determination Act of 1996 (25 U.S.C. uation. sistance grants. 4103).’’. Sec. 8308. Other transaction authority exten- Sec. 11012. Environmental justice community, (b) STATE BUILDING ENERGY EFFICIENCY sion. State, and Tribal grant programs. CODES.—Section 304 of the Energy Conservation TITLE IX—INDUSTRIAL INNOVATION AND Sec. 11013. Protections for environmental justice and Production Act (42 U.S.C. 6833) is amended COMPETITIVENESS communities against harmful fed- to read as follows: Subtitle A—Smart Manufacturing eral actions. ‘‘SEC. 304. UPDATING STATE BUILDING ENERGY Sec. 11014. Prohibited discrimination. EFFICIENCY CODES. Sec. 9101. Definitions. Sec. 11015. Right of action. ‘‘(a) VOLUNTARY CODES AND STANDARDS.— Sec. 9102. Development of national smart manu- Sec. 11016. Rights of recovery. Notwithstanding any other provision of this sec- facturing plan. Sec. 11017. Public health risks associated with tion, any model building code or standard estab- Sec. 9103. Leveraging existing agency programs cumulative environmental lished under section 304 shall not be binding on to assist small and medium manu- stressors. a State, local government, or Indian tribe as a facturers. matter of Federal law. Sec. 9104. Leveraging smart manufacturing in- TITLE XII—OTHER MATTERS ‘‘(b) ACTION BY SECRETARY.—The Secretary frastructure at National Labora- Subtitle A—Blue Collar to Green Collar Jobs shall— tories. Development ‘‘(1) encourage and support the adoption of Sec. 9105. State leadership grants. PART 1—OFFICE OF ECONOMIC IMPACT, building energy codes by States, Indian tribes, Sec. 9106. Report. DIVERSITY, AND EMPLOYMENT and, as appropriate, by local governments that Subtitle B—American Innovation and Sec. 12101. Name of office. meet or exceed the model building energy codes, Manufacturing Leadership Sec. 12102. Energy workforce development pro- or achieve equivalent or greater energy savings; Sec. 9201. Definitions. grams. and Sec. 9202. Listing of regulated substances. Sec. 12103. Authorization. ‘‘(2) support full compliance with the State and local codes. Sec. 9203. Monitoring and reporting require- PART 2—ENERGY WORKFORCE DEVELOPMENT ments. ‘‘(c) STATE AND INDIAN TRIBE CERTIFICATION Sec. 12111. Energy workforce development. Sec. 9204. Phasedown of regulated substances. OF BUILDING ENERGY CODE UPDATES.— Sec. 9205. Management of regulated substances. Sec. 12112. Energy workforce grant program. ‘‘(1) REVIEW AND UPDATING OF CODES BY EACH Sec. 9206. Technology transitions. Sec. 12113. Definitions. STATE AND INDIAN TRIBE.— Sec. 9207. Rulemaking authority. Subtitle B—Buy American and Wage Rate ‘‘(A) IN GENERAL.—Not later than 2 years Sec. 9208. Relationship to other laws. Requirements after the date of publication of a revision to a model building energy code, each State or In- Sec. 12201. Use of American iron, steel, and Subtitle C—Clean Industrial Technology dian tribe shall certify whether the State or In- manufactured goods. Sec. 9301. Purpose. dian tribe, respectively, has reviewed and up- Sec. 12202. Wage rate requirements. Sec. 9302. Industrial emissions reduction tech- dated the energy provisions of the building code Sec. 12203. Apprenticeships. nology development program. of the State or Indian tribe, respectively. Sec. 9303. Industrial Technology Innovation Subtitle C—Natural Resources ‘‘(B) DEMONSTRATION.—The certification shall Advisory Committee. Sec. 12301. Offshore Wind Career Training include a demonstration of whether the energy Sec. 9304. Technical assistance program to im- Grant Program. savings for the code provisions that are in effect plement industrial emissions re- Sec. 12302. Data preservation. throughout the territory of the State or Indian duction. Subtitle D—Clean Energy and Sustainability tribe meet or exceed the energy savings of the Sec. 9305. Coordination of research and devel- Accelerator updated model building energy code. opment of energy efficient tech- ‘‘(C) NO MODEL BUILDING ENERGY CODE UP- nologies for industry. Sec. 12401. Clean Energy and Sustainability Ac- DATE.—If a model building energy code is not celerator. Subtitle D—Combined Heat and Power Support updated by a target date established under sec- Subtitle E—Scientific Integrity tion 307(b)(2)(E), each State or Indian tribe Sec. 9401. CHP Technical Assistance Partner- shall, not later than 2 years after the specified ship Program. Sec. 12501. Sense of Congress. Sec. 12502. Amendment to America COMPETES date, certify whether the State or Indian tribe, Subtitle E—Title XVII Loan Program Reform Act. respectively, has reviewed and updated the en- Sec. 9501. Loan program office title XVII re- Sec. 12503. Existing policies; clarification. ergy provisions of the building code of the State form. or Indian tribe, respectively, to meet or exceed Subtitle F—Other Matters Sec. 9502. Authorization of appropriations. the target in section 307(b)(2). TITLE X—CRITICAL MATERIALS Sec. 12601. Authorization. ‘‘(2) VALIDATION BY SECRETARY.—Not later Sec. 12602. Addressing insufficient compensa- than 90 days after a State or Indian tribe certifi- Sec. 10101. Definitions. tion of employees and other per- cation under paragraph (1), the Secretary Subtitle A—Energy Critical Materials sonnel of the Federal Energy Reg- shall— Sec. 10121. Energy critical materials program. ulatory Commission. ‘‘(A) determine whether the code provisions of Sec. 10122. Critical materials research database Sec. 12603. Office of Public Participation. the State or Indian tribe, respectively, meet the and information center. Sec. 12604. Background ozone research. criteria specified in paragraph (1); and Sec. 10123. Critical materials interagency sub- Sec. 12605. Smoke planning and research. ‘‘(B) if the determination is positive, validate committee. Sec. 12606. Budgetary effects. the certification.

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‘‘(d) IMPROVEMENTS IN COMPLIANCE WITH ‘‘(3) LOCAL GOVERNMENT.—In any State or In- ‘‘(A) an option for adoption as a building en- BUILDING ENERGY CODES.— dian tribe for which the Secretary has not vali- ergy code by local, tribal, or State governments; ‘‘(1) REQUIREMENT.— dated a certification under subsection (c) or (d), and ‘‘(A) IN GENERAL.—Not later than 3 years a local government may be eligible for Federal ‘‘(B) guidelines for energy-efficient building after the date of a certification under subsection support under subsections (f) and (g) by meeting design. (c), each State and Indian tribe shall certify the certification requirements of subsections (c) ‘‘(2) TARGETS.—The stretch codes and ad- whether the State and Indian tribe, respectively, and (d). vanced standards shall be designed— has— ‘‘(4) REPORTS BY SECRETARY.— ‘‘(A) to achieve substantial energy savings ‘‘(i) achieved full compliance under para- ‘‘(A) IN GENERAL.—Not later than December compared to the model building energy codes; graph (3) with the applicable certified State and 31, 2021, and not less frequently than once every and Indian tribe building energy code or with the 3 years thereafter, the Secretary shall submit to ‘‘(B) to meet targets under section 307(b), if associated model building energy code; or Congress and publish a report describing— available, at least 3 to 6 years in advance of the ‘‘(ii) made significant progress under para- ‘‘(i) the status of model building energy codes; target years. graph (4) toward achieving compliance with the ‘‘(ii) the status of code adoption and compli- ‘‘(i) STUDIES.—The Secretary, in consultation applicable certified State and Indian tribe build- ance in the States and Indian tribes; with building science experts from the National ing energy code or with the associated model ‘‘(iii) implementation of this section; and Laboratories and institutions of higher edu- building energy code. ‘‘(iv) improvements in energy savings over cation, designers and builders of energy-effi- ‘‘(B) REPEAT CERTIFICATIONS.—If the State or time as result of the targets established under cient residential and commercial buildings, code Indian tribe certifies progress toward achieving section 307(b)(2). officials, code and standards developers, and compliance, the State or Indian tribe shall re- ‘‘(B) IMPACTS.—The report shall include esti- other stakeholders, shall undertake a study of peat the certification until the State or Indian mates of impacts of past action under this sec- the feasibility, impact, economics, and merit of— tribe certifies that the State or Indian tribe has tion, and potential impacts of further action, ‘‘(1) code and standards improvements that achieved full compliance, respectively. on— would require that buildings be designed, sited, ‘‘(2) MEASUREMENT OF COMPLIANCE.—A cer- ‘‘(i) upfront financial and construction costs, and constructed in a manner that makes the tification under paragraph (1) shall include doc- cost benefits and returns (using investment buildings more adaptable in the future to be- umentation of the rate of compliance based on— analysis), and lifetime energy use for buildings; come zero-net-energy after initial construction, ‘‘(A) independent inspections of a random ‘‘(ii) resulting energy costs to individuals and as advances are achieved in energy-saving tech- sample of the buildings covered by the code in businesses; and nologies; the preceding year; or ‘‘(iii) resulting overall annual building owner- ‘‘(2) code procedures to incorporate measured ‘‘(B) an alternative method that yields an ac- ship and operating costs. lifetimes, not just first-year energy use, in trade- curate measure of compliance. ‘‘(f) TECHNICAL ASSISTANCE TO STATES AND IN- offs and performance calculations; ‘‘(3) ACHIEVEMENT OF COMPLIANCE.—A State DIAN TRIBES.—The Secretary shall provide tech- ‘‘(3) legislative options for increasing energy or Indian tribe shall be considered to achieve nical assistance to States and Indian tribes to savings from building energy codes and stand- full compliance under paragraph (1) if— implement the goals and requirements of this ards, including additional incentives for effec- ‘‘(A) at least 90 percent of building space cov- section, including procedures and technical tive State and local action, and verification of ered by the code in the preceding year substan- analysis for States and Indian tribes— compliance with and enforcement of a code or tially meets all the requirements of the applica- ‘‘(1) to improve and implement State residen- standard other than by a State or local govern- ble code specified in paragraph (1), or achieves tial and commercial building energy codes; ment; and equivalent or greater energy savings level; or ‘‘(2) to demonstrate that the code provisions of ‘‘(4) code and standards improvements that ‘‘(B) the estimated excess energy use of build- the States and Indian tribes achieve equivalent consider energy efficiency and water efficiency ings that did not meet the applicable code speci- or greater energy savings than the model build- and, to the maximum extent practicable, con- fied in paragraph (1) in the preceding year, ing energy codes and targets; sider energy efficiency and water efficiency in compared to a baseline of comparable buildings ‘‘(3) to document the rate of compliance with an integrated manner. that meet this code, is not more than 5 percent a building energy code; and ‘‘(j) EFFECT ON OTHER LAWS.—Nothing in this of the estimated energy use of all buildings cov- ‘‘(4) to otherwise promote the design and con- section or section 307 supersedes or modifies the ered by this code during the preceding year. struction of energy- and water-efficient build- application of sections 321 through 346 of the ‘‘(4) SIGNIFICANT PROGRESS TOWARD ACHIEVE- ings. Energy Policy and Conservation Act (42 U.S.C. MENT OF COMPLIANCE.—A State or Indian tribe ‘‘(g) AVAILABILITY OF INCENTIVE FUNDING.— 6291 et seq.). shall be considered to have made significant ‘‘(1) IN GENERAL.—The Secretary shall provide ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— progress toward achieving compliance for pur- incentive funding to States and Indian tribes— There is authorized to be appropriated to carry poses of paragraph (1) if the State or Indian ‘‘(A) to implement the requirements of this out this section and section 307 $200,000,000, to tribe— section; remain available until expended.’’. ‘‘(A) has developed and is implementing a ‘‘(B) to improve and implement residential (c) FEDERAL BUILDING ENERGY EFFICIENCY plan for achieving compliance during the 8- and commercial building energy codes, including STANDARDS.—Section 305 of the Energy Con- year-period beginning on the date of enactment increasing and verifying compliance with the servation and Production Act (42 U.S.C. 6834) is of the Clean Economy Jobs and Innovation Act, codes and training of State, tribal, and local amended by striking ‘‘voluntary building energy including annual targets for compliance and ac- building code officials to implement and enforce code’’ each place it appears in subsections tive training and enforcement programs; and the codes; and (a)(2)(B) and (b) and inserting ‘‘model building ‘‘(B) has met the most recent target under ‘‘(C) to promote building energy and water ef- energy code’’. subparagraph (A). ficiency through the use of the codes and stand- (d) MODEL BUILDING ENERGY CODES.— ‘‘(5) VALIDATION BY SECRETARY.—Not later ards. (1) IN GENERAL.—Section 307 of the Energy than 90 days after a State or Indian tribe certifi- ‘‘(2) ADDITIONAL FUNDING.—Additional fund- Conservation and Production Act (42 U.S.C. cation under paragraph (1), the Secretary ing shall be provided under this subsection for 6836) is amended to read as follows: shall— implementation of a plan to achieve and docu- ‘‘SEC. 307. SUPPORT FOR MODEL BUILDING EN- ‘‘(A) determine whether the State or Indian ment full compliance with residential and com- ERGY CODES. tribe has demonstrated meeting the criteria of mercial building energy codes under subsection ‘‘(a) IN GENERAL.—The Secretary shall sup- this subsection, including accurate measurement (d)— port the updating of model building energy of compliance; and ‘‘(A) to a State or Indian tribe for which the codes. ‘‘(B) if the determination is positive, validate Secretary has validated a certification under ‘‘(b) TARGETS.— the certification. subsection (c) or (d); and ‘‘(1) IN GENERAL.—The Secretary shall support ‘‘(e) STATES OR INDIAN TRIBES THAT DO NOT ‘‘(B) in a State or Indian tribe that is not eli- the updating of the model building energy codes ACHIEVE COMPLIANCE.— gible under subparagraph (A), to a local govern- to enable the achievement of aggregate energy ‘‘(1) REPORTING.—A State or Indian tribe that ment that is eligible under this section. savings targets established under paragraph (2). has not made a certification required under sub- ‘‘(3) TRAINING.—Of the amounts made avail- ‘‘(2) TARGETS.— section (c) or (d) by the applicable deadline able under this subsection, the State or Indian ‘‘(A) IN GENERAL.—The Secretary shall work shall submit to the Secretary a report describ- tribe may use amounts required, but not to ex- with State, Indian tribes, local governments, ing— ceed $750,000 for a State, to train State and local code and standards developers (such as the enti- ‘‘(A) the status of the State or Indian tribe building code officials to implement and enforce ties described in section 303(14)), and other in- with respect to meeting the requirements and codes described in paragraph (2). terested parties to support the updating of model submitting the certification; and ‘‘(4) LOCAL GOVERNMENTS.—States may share building energy codes by establishing 1 or more ‘‘(B) a plan for meeting the requirements and grants under this subsection with local govern- national aggregate energy savings targets to submitting the certification. ments that implement and enforce the codes. achieve the purposes of this section. ‘‘(2) FEDERAL SUPPORT.—For any State or In- ‘‘(h) STRETCH CODES AND ADVANCED STAND- ‘‘(B) SEPARATE TARGETS.—The Secretary shall dian tribe for which the Secretary has not vali- ARDS.— establish separate targets for commercial and dated a certification by a deadline under sub- ‘‘(1) IN GENERAL.—The Secretary shall provide residential buildings. section (c) or (d), the lack of the certification technical and financial support for the develop- ‘‘(C) BASELINES.—The baseline for updating may be a consideration for Federal support au- ment of stretch codes and advanced standards model building energy codes shall be the 2009 thorized under this section for code adoption for residential and commercial buildings for use IECC for residential buildings and ASHRAE and compliance activities. as— Standard 90.1–2010 for commercial buildings.

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‘‘(D) CODE CYCLES.—The targets established building energy codes to evaluate the efficiency ‘‘(II) A final determination regarding whether under subparagraph (A) shall align with the re- impacts of the model building energy codes; the code or standard of the developer, as modi- spective code development cycles determined by ‘‘(E) performance-based standards; fied by the changes proposed by the Secretary the model building energy code-setting and ‘‘(F) evaluating economic considerations under subparagraph (A), would— standards development organizations described under subsection (b)(4); and ‘‘(aa) improve energy efficiency in buildings, in section 303(14). ‘‘(G) developing model building energy codes as compared to the existing model building en- ‘‘(E) SPECIFIC YEARS.— by Indian tribes in accordance with tribal law. ergy code; and ‘‘(i) IN GENERAL.—Targets for specific years ‘‘(3) AMENDMENT PROPOSALS.—The Secretary ‘‘(bb) meet the applicable targets under sub- shall be established and revised by the Secretary may submit timely model building energy code section (b)(2). through rulemaking and coordinated with code amendment proposals to the model building en- ‘‘(e) ADMINISTRATION.—In carrying out this and standards developers (such as the entities ergy code-setting and standards development or- section, the Secretary shall— described in section 303(14)) at a level that— ganizations, with supporting evidence, suffi- ‘‘(1) publish notice of targets and supporting ‘‘(I) is at the maximum level of energy efficient to enable the model building energy codes analysis and determinations under this section ciency that is technologically feasible and to meet the targets established under subsection in the Federal Register to provide an expla- lifecycle cost effective, while accounting for the (b)(2). nation of and the basis for such actions, includ- economic considerations under paragraph (4); ‘‘(4) ANALYSIS METHODOLOGY.—The Secretary ing any supporting modeling, data, assump- ‘‘(II) is higher than the preceding target; shall make publicly available the entire calculations, protocols, and cost-benefit analysis, in- ‘‘(III) promotes the achievement of commercial tion methodology (including input assumptions cluding return on investment; and and residential high-performance buildings (as and data) used by the Secretary to estimate the ‘‘(2) provide an opportunity for public com- defined in section 401 of the Energy Independ- energy savings of code or standard proposals ment on targets and supporting analysis and de- ence and Security Act of 2007 (42 U.S.C. 17061)) and revisions. terminations under this section.’’. ‘‘(d) DETERMINATION.— through high performance energy efficiency; (2) CONFORMING AMENDMENT.—The table of ‘‘(1) REVISION OF MODEL BUILDING ENERGY and contents for the Energy Conservation and Pro- CODES.—If the provisions of the IECC or ‘‘(IV) takes into consideration the variations duction Act is amended by amending the item ASHRAE Standard 90.1 regarding building en- in climate zones used in model building energy relating to section 307 to read as follows: codes. ergy use are proposed to be revised, the Sec- ‘‘Sec. 307. Support for model building energy ‘‘(ii) INITIAL TARGETS.—Not later than 1 year retary shall make a preliminary determination, codes.’’. after the date of enactment of this clause, the by not later than 90 days after the date of re- Secretary shall establish initial targets under ceipt of the proposed revision, and a final deter- SEC. 1102. COST-EFFECTIVE CODES IMPLEMENTA- this subparagraph. mination by not later than 15 months after the TION FOR EFFICIENCY AND RESIL- IENCE. ‘‘(iii) DIFFERENT TARGET YEARS.—Subject to date of publication of the revision, regarding (a) IN GENERAL.—Title III of the Energy Con- clause (i), prior to the applicable year, the Sec- whether the revision will— servation and Production Act (42 U.S.C. 6831 et retary may set a later target year for any of the ‘‘(A) improve energy efficiency in buildings, seq.) is amended by adding at the end the fol- model building energy codes described in sub- as compared to the existing model building en- lowing: paragraph (A) if the Secretary determines that a ergy code; and target cannot be met. ‘‘(B) meet the applicable targets under sub- ‘‘SEC. 309. COST-EFFECTIVE CODES IMPLEMENTA- TION FOR EFFICIENCY AND RESIL- ‘‘(iv) SMALL BUSINESS.—When establishing section (b)(2). IENCE. targets under this paragraph through rule- ‘‘(2) CODES OR STANDARDS NOT MEETING TAR- making, the Secretary shall ensure compliance GETS.— ‘‘(a) DEFINITIONS.—In this section: ‘‘(A) PRELIMINARY DETERMINATION BY SEC- with the Small Business Regulatory Enforce- ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti- RETARY.—If the Secretary makes a preliminary ment Fairness Act of 1996 (5 U.S.C. 601 note; ty’ means— determination under paragraph (1)(B) that a Public Law 104–121). ‘‘(A) a relevant State agency, as determined code or standard does not meet an applicable ‘‘(3) APPLIANCE STANDARDS AND OTHER FAC- by the Secretary, such as a State building code target under subsection (b)(2), the Secretary TORS AFFECTING BUILDING ENERGY USE.—In es- agency or State energy office; and shall contemporaneously provide to the devel- tablishing building code targets under para- ‘‘(B) a partnership. oper of the model building energy code or stand- graph (2), the Secretary shall develop and ad- ‘‘(2) PARTNERSHIP.—The term ‘partnership’ ard not fewer than 2 proposed changes that just the targets in recognition of potential sav- means a partnership between an eligible entity would result in a model building energy code ings and costs relating to— described in paragraph (1)(A) and 1 or more of ‘‘(A) efficiency gains made in appliances, that meets the applicable target, together with the following entities: lighting, windows, insulation, and building en- supporting evidence, taking into consideration— ‘‘(A) Local building code agencies. ‘‘(i) whether the modified code is technically velope sealing; ‘‘(B) Codes and standards developers. feasible and lifecycle cost effective; ‘‘(B) advancement of distributed generation ‘‘(C) Associations of builders and design and ‘‘(ii) available appliances, technologies, mate- and on-site renewable power generation tech- construction professionals. rials, and construction practices; and ‘‘(D) Local and utility energy efficiency pro- nologies; ‘‘(iii) the economic considerations under sub- ‘‘(C) equipment improvements for heating, grams. section (b)(4). ‘‘(E) Consumer, energy efficiency, and envi- cooling, and ventilation systems; ‘‘(B) DETERMINATION OR ELECTION BY DEVEL- ‘‘(D) building management systems and smart ronmental advocates. OPER.—Not later than 270 days after the date of technologies to reduce energy use; and ‘‘(F) Other entities, as determined by the Sec- receipt of proposed changes of the Secretary retary. ‘‘(E) other technologies, practices, and build- under subparagraph (A), a developer shall— ing systems that the Secretary considers appro- ‘‘(3) SECRETARY.—The term ‘Secretary’ means ‘‘(i) determine whether— the Secretary of Energy. priate regarding building plug load and other ‘‘(I) to publish a new revised code accepting ‘‘(b) ESTABLISHMENT.— energy uses. the proposed changes; or ‘‘(1) IN GENERAL.—The Secretary shall estab- ‘‘(4) ECONOMIC CONSIDERATIONS.—In estab- ‘‘(II) to reject the proposed changes; or lishing and revising building code targets under ‘‘(ii) if the developer elects not to make a de- lish within the Building Technologies Office of paragraph (2), the Secretary shall consider the termination under clause (i), publish a notice of the Department of Energy a program under economic feasibility of achieving the proposed that election, together with the proposed which the Secretary shall award grants on a targets established under this section and the changes. competitive basis to eligible entities to enable potential costs and savings for consumers and ‘‘(C) FINAL DETERMINATION BY SECRETARY.— sustained cost-effective implementation of up- building owners, including a return on invest- ‘‘(i) IN GENERAL.—A final determination by dated building energy codes. ment analysis. the Secretary shall be made on the model build- ‘‘(2) UPDATED BUILDING ENERGY CODE.—An ‘‘(c) TECHNICAL ASSISTANCE TO MODEL BUILD- ing energy code or standard, as modified by the update to a building energy code under this sec- ING ENERGY CODE-SETTING AND STANDARDS DE- changes proposed by the Secretary under sub- tion shall include any update made available VELOPMENT ORGANIZATIONS.— paragraph (A). after the existing building energy code, even if ‘‘(1) IN GENERAL.—The Secretary shall, on a ‘‘(ii) ADDITIONAL DETERMINATIONS.—If a it is not the most recent updated code available. timely basis, provide technical assistance to model building energy code or standards devel- ‘‘(c) CRITERIA; PRIORITY.—In awarding grants model building energy code-setting and stand- oper makes an election pursuant to subpara- under subsection (b), the Secretary shall— ards development organizations consistent with graph (B)(ii), the Secretary shall make the fol- ‘‘(1) consider— the goals of this section. lowing final determinations for purposes of this ‘‘(A) prospective energy savings and plans to ‘‘(2) ASSISTANCE.—The assistance shall in- subsection: measure the savings; clude, as requested by the organizations, tech- ‘‘(I) A final determination regarding whether ‘‘(B) the long-term sustainability of those nical assistance in— the code or standard of the developer, absent measures and savings; ‘‘(A) evaluating code or standards proposals any changes proposed by the Secretary under ‘‘(C) prospective benefits, and plans to assess or revisions; subparagraph (A), will— the benefits, including benefits relating to— ‘‘(B) building energy and water analysis and ‘‘(aa) improve energy efficiency in buildings, ‘‘(i) resilience and peak load reduction; design tools; as compared to the existing model building en- ‘‘(ii) occupant safety and health; and ‘‘(C) building demonstrations; ergy code; and ‘‘(iii) environmental performance; ‘‘(D) developing definitions of energy use in- ‘‘(bb) meet the applicable targets under sub- ‘‘(D) the demonstrated capacity of the eligible tensity and building types for use in model section (b)(2). entity to carry out the proposed project; and

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‘‘(E) the need of the eligible entity for assist- and estimating building population, size, loca- (c) AUTHORIZATION OF APPROPRIATIONS.— ance; and tion, activity, energy usage, and any other rel- There is authorized to be appropriated to carry ‘‘(2) give priority to applications from partner- evant building characteristic; and out this section $10,000,000, to remain available ships. (3) describe and compare— until expended. ‘‘(d) ELIGIBLE ACTIVITIES.— (A) the methodologies that the Energy Infor- SEC. 1112. CAREER SKILLS TRAINING. ‘‘(1) IN GENERAL.—An eligible entity awarded mation Administration, the Environmental Pro- (a) DEFINITION OF ELIGIBLE ENTITY.—In this a grant under this section may use the grant tection Agency, and State and local government section, the term ‘‘eligible entity’’ means a non- funds— managers use to maximize the quality, reli- profit partnership that— ‘‘(A) to create or enable State or regional part- ability, and integrity of data collected through (1) includes the equal participation of indus- nerships to provide training and materials to— CBECS, the Portfolio Manager database of the try, including public or private employers, and ‘‘(i) builders, contractors and subcontractors, Environmental Protection Agency, and State labor organizations, including joint labor-man- architects, and other design and construction and local building energy disclosure laws (in- agement training programs; professionals, relating to meeting updated build- cluding regulations), respectively, and the man- (2) may include workforce investment boards, ing energy codes in a cost-effective manner; and ner in which those methodologies can be im- community-based organizations, qualified serv- ‘‘(ii) building code officials, relating to improved; and ice and conservation corps, educational institu- proving implementation of and compliance with (B) consistencies and variations in data for tions, small businesses, cooperatives, State and building energy codes; buildings that were captured in the 2012 CBECS local veterans agencies, and veterans service or- ‘‘(B) to collect and disseminate quantitative cycle and in the Portfolio Manager database of ganizations; and data on construction and codes implementation, the Environmental Protection Agency. (3) demonstrates— including code pathways, performance metrics, (c) DATA.—The data referred in subsection (A) experience in implementing and operating and technologies used; (b)(2) includes data that— worker skills training and education programs; ‘‘(C) to develop and implement a plan for (1) is collected through the Portfolio Manager (B) the ability to identify and involve in highly effective codes implementation, including database of the Environmental Protection Agen- training programs carried out under this sec- measuring compliance; cy; tion, target populations of individuals who ‘‘(D) to address various implementation needs (2) is required to be publicly available on the would benefit from training and be actively in- in rural, suburban, and urban areas; and internet under State and local government volved in activities relating to energy efficiency ‘‘(E) to implement updates in energy codes building energy disclosure laws (including regu- and renewable energy industries; and for— lations); and (C) the ability to help individuals achieve eco- ‘‘(i) new residential and commercial buildings (3) includes information on private sector nomic self-sufficiency. (including multifamily buildings); and buildings that are not less than 250,000 square (b) ESTABLISHMENT.—The Secretary of Energy ‘‘(ii) additions and alterations to existing resi- feet. shall award grants to eligible entities to pay the dential and commercial buildings (including (d) PROTECTION OF INFORMATION.—In car- Federal share of associated career skills training multifamily buildings). rying out the agreement, the Administrator and programs under which students concurrently re- ‘‘(2) RELATED TOPICS.—Training and mate- the Administrator of the Environmental Protec- ceive classroom instruction and on-the-job train- rials provided using a grant under this section tion Agency shall protect information in according for the purpose of obtaining an industry-re- may include information on the relationship be- ance with— lated certification to install energy efficient tween energy codes and— (1) section 552(b)(4) of title 5, United States buildings technologies, including technologies ‘‘(A) cost-effective, high-performance, and Code (commonly known as the ‘Freedom of In- described in subsection (b)(3) of section 307 of zero-net-energy buildings; formation Act’); the Energy Conservation and Production Act (42 (2) subchapter III of chapter 35 of title 44, ‘‘(B) improving resilience, health, and safety; U.S.C. 6836). United States Code; and ‘‘(C) water savings and other environmental (c) FEDERAL SHARE.—The Federal share of the (3) any other applicable law (including regu- impacts; and cost of carrying out a career skills training pro- lations). ‘‘(D) the economic impacts of energy codes. gram described in subsection (a) shall be 50 per- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— PART 2—WORKER TRAINING AND cent. There are authorized to be appropriated to the CAPACITY BUILDING (d) AUTHORIZATION OF APPROPRIATIONS.— Secretary to carry out this section— SEC. 1111. BUILDING TRAINING AND ASSESSMENT There is authorized to be appropriated to carry ‘‘(1) $25,000,000 for each of fiscal years 2021 CENTERS. out this section $10,000,000, to remain available through 2030; and (a) IN GENERAL.—The Secretary of Energy until expended. ‘‘(2) for fiscal year 2031 and each fiscal year shall provide grants to institutions of higher PART 3—SCHOOL BUILDINGS thereafter, such sums as are necessary.’’. education (as defined in section 101 of the High- SEC. 1121. COORDINATION OF ENERGY RETRO- (b) CONFORMING AMENDMENTS.— er Education Act of 1965 (20 U.S.C. 1001)) and FITTING ASSISTANCE FOR SCHOOLS. (1) TABLE OF CONTENTS.—The table of con- Tribal Colleges or Universities (as defined in Section 392 of the Energy Policy and Con- tents for the Energy Conservation and Produc- section 316(b) of that Act (20 U.S.C. 1059c(b))) to servation Act (42 U.S.C. 6371a) is amended by tion Act is amended by inserting after the item establish building training and assessment cen- adding at the end the following: relating to section 308 the following: ters— ‘‘(e) COORDINATION OF ENERGY RETROFITTING (1) to identify opportunities for optimizing en- ‘‘Sec. 309. Cost-effective codes implementation ASSISTANCE FOR SCHOOLS.— ergy efficiency and environmental performance ‘‘(1) DEFINITION OF SCHOOL.—Notwith- for efficiency and resilience.’’. in buildings; standing section 391(6), for the purposes of this (2) DEFINITIONS.—Section 303 of the Energy (2) to promote the application of emerging Conservation and Production Act (42 U.S.C. subsection, the term ‘school’ means— concepts and technologies in commercial and in- ‘‘(A) an elementary school or secondary 6832) is amended, in the matter preceding para- stitutional buildings; school (as defined in section 9101 of the Elemen- graph (1), by striking ‘‘As used in’’ and insert- (3) to train engineers, architects, building sci- tary and Secondary Education Act of 1965 (20 ing ‘‘Except as otherwise provided, in’’. entists, building energy permitting and enforce- U.S.C. 7801)); SEC. 1103. COMMERCIAL BUILDING ENERGY CON- ment officials, and building technicians in en- ‘‘(B) an institution of higher education (as de- SUMPTION INFORMATION SHARING. ergy-efficient design and operation; fined in section 102(a) of the Higher Education (a) IN GENERAL.—Not later than 120 days (4) to assist institutions of higher education Act of 1965 (20 U.S.C. 1002(a))); after the date of enactment of this Act, the Ad- and Tribal Colleges or Universities in training ‘‘(C) a school of the defense dependents’ edu- ministrator of the Energy Information Adminis- building technicians; cation system under the Defense Dependents’ tration (referred to in this section as the ‘‘Ad- (5) to promote research and development for Education Act of 1978 (20 U.S.C. 921 et seq.) or ministrator’’) and the Administrator of the En- the use of alternative energy sources and dis- established under section 2164 of title 10, United vironmental Protection Agency shall sign, and tributed generation to supply heat and power States Code; submit to Congress, an information sharing for buildings, particularly energy-intensive ‘‘(D) a school operated by the Bureau of In- agreement (referred to in this section as the buildings; and dian Affairs; ‘‘agreement’’) relating to commercial building (6) to coordinate with and assist State-accred- ‘‘(E) a tribally controlled school (as defined in energy consumption data. ited technical training centers, community col- section 5212 of the Tribally Controlled Schools (b) CONTENT OF AGREEMENT.—The agreement leges, and Tribal Colleges or Universities and Act of 1988 (25 U.S.C. 2511)); and shall— ensure appropriate services are provided under ‘‘(F) a Tribal College or University (as defined (1) provide that the Administrator shall have this section to each region of the United States. in section 316(b) of the Higher Education Act of access to building-specific data in the Portfolio (b) COORDINATION AND NONDUPLICATION.— 1965 (20 U.S.C. 1059c(b))). Manager database of the Environmental Protec- (1) IN GENERAL.—The Secretary of Energy ‘‘(2) ESTABLISHMENT OF CLEARINGHOUSE.—The tion Agency; shall coordinate the program with the industrial Secretary, acting through the Office of Energy (2) describe the manner in which the Adminis- research and assessment centers program and Efficiency and Renewable Energy, shall estab- trator shall incorporate appropriate data (in- with other Federal programs to avoid duplica- lish a clearinghouse to disseminate information cluding the data described in subsection (c)) tion of effort. regarding available Federal programs and fi- into any Commercial Buildings Energy Con- (2) COLLOCATION.—To the maximum extent nancing mechanisms that may be used to help sumption Survey (referred to in this section as practicable, building, training, and assessment initiate, develop, and finance energy efficiency, ‘‘CBECS’’) published after the date of enact- centers established under this section shall be distributed generation, and energy retrofitting ment of this Act for the purpose of analyzing collocated with Industrial Assessment Centers. projects for schools.

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‘‘(3) REQUIREMENTS.—In carrying out para- is funded by the Secretary under subsection (b); ‘‘(e) CENTERS OF EXCELLENCE.— graph (2), the Secretary shall— and ‘‘(1) ESTABLISHMENT.—The Secretary shall es- ‘‘(A) consult with appropriate Federal agen- ‘‘(B) an industrial research and assessment tablish a Center of Excellence at not more than cies to develop a list of Federal programs and fi- center at a trade school, community college, or 5 of the highest-performing industrial research nancing mechanisms that are, or may be, used union training program that is funded by the and assessment centers, as determined by the for the purposes described in paragraph (2); and Secretary under subsection (f). Secretary. ‘‘(B) coordinate with appropriate Federal ‘‘(b) INSTITUTION OF HIGHER EDUCATION- ‘‘(2) DUTIES.—A Center of Excellence shall co- agencies to develop a collaborative education BASED INDUSTRIAL RESEARCH AND ASSESSMENT ordinate with and advise the industrial research and outreach effort to streamline communica- CENTERS.— and assessment centers located in the region of tions and promote available Federal programs ‘‘(1) IN GENERAL.—The Secretary shall provide the Center of Excellence, including— and financing mechanisms described in sub- funding to institution of higher education-based ‘‘(A) by mentoring new directors and staff of paragraph (A), which may include the develop- industrial research and assessment centers. the industrial research and assessment centers ment and maintenance of a single online re- ‘‘(2) PURPOSE.—The purpose of each institu- with respect to— source that includes contact information for rel- tion of higher education-based industrial re- ‘‘(i) the availability of resources; and evant technical assistance in the Office of En- search and assessment center shall be— ‘‘(ii) best practices for carrying out assess- ergy Efficiency and Renewable Energy that ‘‘(A) to identify opportunities for optimizing ments, including through the participation of States, local education agencies, and schools energy efficiency and environmental perform- the staff of the Center of Excellence in assess- may use to effectively access and use such Fed- ance, including implementation of— ments carried out by new industrial research eral programs and financing mechanisms.’’. ‘‘(i) smart manufacturing; and assessment centers; ‘‘(B) by providing training to staff and stu- Subtitle B—Industrial Efficiency and ‘‘(ii) energy management systems; ‘‘(iii) sustainable manufacturing; and dents at the industrial research and assessment Competitiveness ‘‘(iv) information technology advancements centers on new technologies, practices, and tools PART 1—MANUFACTURING ENERGY for supply chain analysis, logistics, system mon- to expand the scope and impact of the assess- EFFICIENCY itoring, industrial and manufacturing processes, ments carried out by the centers; SEC. 1201. PURPOSES. and other purposes; ‘‘(C) by assisting the industrial research and The purposes of this part are— ‘‘(B) to promote applications of emerging con- assessment centers with specialized technical (1) to establish a clear and consistent author- cepts and technologies in small- and medium- opportunities, including by providing a clear- ity for industrial efficiency programs of the De- sized manufacturers (including water and inghouse of available expertise and tools to as- partment of Energy; wastewater treatment facilities and federally sist the centers and clients of the centers in as- (2) to accelerate the deployment of tech- owned manufacturing facilities); sessing and implementing those opportunities; nologies and practices that will increase indus- ‘‘(C) to promote research and development for ‘‘(D) by identifying and coordinating with re- trial energy efficiency and improve productivity; the use of alternative energy sources to supply gional, State, local, and utility energy efficiency (3) to accelerate the development and dem- heat, power, and new feedstocks for energy-in- programs for the purpose of facilitating efforts onstration of technologies that will assist the tensive industries; by industrial research and assessment centers to deployment goals of the industrial efficiency ‘‘(D) to coordinate with appropriate Federal connect industrial facilities receiving assess- programs of the Department of Energy and in- and State research offices; ments from those centers with regional, State, crease manufacturing efficiency; ‘‘(E) to provide a clearinghouse for industrial local, and utility energy efficiency programs (4) to stimulate domestic economic growth and process and energy efficiency technical assist- that could aid the industrial facilities in imple- improve industrial productivity and competitive- ance resources; and menting any recommendations resulting from ness; ‘‘(F) to coordinate with State-accredited tech- the assessments; (5) to meet the future workforce needs of in- nical training centers and community colleges, ‘‘(E) by facilitating coordination between the dustry; and while ensuring appropriate services to all re- industrial research and assessment centers and (6) to strengthen partnerships between Fed- gions of the United States. other Federal programs described in paragraphs eral and State governmental agencies and the ‘‘(c) COORDINATION.—To increase the value (1) through (3) of subsection (c); and ‘‘(F) by coordinating the outreach activities of private and academic sectors. and capabilities of the industrial research and the industrial research and assessment centers assessment centers, the centers shall— SEC. 1202. FUTURE OF INDUSTRY PROGRAM AND under subsection (d)(1). INDUSTRIAL RESEARCH AND AS- ‘‘(1) coordinate with Manufacturing Exten- ‘‘(3) FUNDING.—Subject to the availability of SESSMENT CENTERS. sion Partnership Centers of the National Insti- appropriations, for each fiscal year, out of any (a) FUTURE OF INDUSTRY PROGRAM.—Section tute of Standards and Technology; amounts made available to carry out this section 452 of the Energy Independence and Security ‘‘(2) coordinate with the Federal Energy Man- under subsection (i), the Secretary shall use not Act of 2007 (42 U.S.C. 17111) is amended— agement Program and the Building Tech- less than $500,000 to support each Center of Ex- (1) by striking the section heading and insert- nologies Program of the Department of Energy cellence. ing the following: ‘‘FUTURE OF INDUSTRY PRO- to provide building assessment services to manu- ‘‘(f) EXPANSION OF INDUSTRIAL RESEARCH AND GRAM’’; facturers; ASSESSMENT CENTERS.— (2) in subsection (a)(2)— ‘‘(3) increase partnerships with the National ‘‘(1) IN GENERAL.—The Secretary shall provide (A) by redesignating subparagraph (E) as sub- Laboratories of the Department of Energy to le- funding to establish additional industrial re- paragraph (F); and verage the expertise, technologies, and research search and assessment centers at trade schools, (B) by inserting after subparagraph (D) the and development capabilities of the National community colleges, and union training pro- following: Laboratories for national industrial and manu- grams. ‘‘(E) water and wastewater treatment facili- facturing needs; ‘‘(2) PURPOSE.— ties, including systems that treat municipal, in- ‘‘(4) increase partnerships with energy service ‘‘(A) IN GENERAL.—Subject to subparagraph dustrial, and agricultural waste; and’’; providers and technology providers to leverage (B), to the maximum extent practicable, an in- (3) by striking subsection (e); and private sector expertise and accelerate deploy- dustrial research and assessment center estab- (4) by redesignating subsection (f) as sub- ment of new and existing technologies and proc- lished under paragraph (1) shall have the same section (e). esses for energy efficiency, power factor, and purpose as an institution of higher education- (b) INDUSTRIAL RESEARCH AND ASSESSMENT load management; based industrial research center that is funded CENTERS.—Subtitle D of title IV of the Energy ‘‘(5) identify opportunities for reducing green- by the Secretary under subsection (b)(1). Independence and Security Act of 2007 (42 house gas emissions and other air emissions; and ‘‘(B) CONSIDERATION OF CAPABILITIES.—In U.S.C. 17111 et seq.) is amended by adding at ‘‘(6) promote sustainable manufacturing prac- evaluating or establishing the purpose of an in- the end the following: tices for small- and medium-sized manufactur- dustrial research and assessment center estab- ‘‘SEC. 454. INDUSTRIAL RESEARCH AND ASSESS- ers. lished under paragraph (1), the Secretary shall MENT CENTERS. ‘‘(d) OUTREACH.—The Secretary shall provide take into consideration the varying capabilities ‘‘(a) DEFINITIONS.—In this section: funding for— of trade schools, community colleges, and union ‘‘(1) ENERGY SERVICE PROVIDER.—The term ‘‘(1) outreach activities by the industrial retraining programs. ‘energy service provider’ means— search and assessment centers to inform small- ‘‘(g) WORKFORCE TRAINING.— ‘‘(A) any business providing technology or and medium-sized manufacturers of the infor- ‘‘(1) INTERNSHIPS.—The Secretary shall pay services to improve the energy efficiency, water mation, technologies, and services available; the Federal share of associated internship pro- efficiency, power factor, or load management of and grams under which students work with or for a manufacturing site or other industrial process ‘‘(2) coordination activities by each industrial industries, manufacturers, and energy service in an energy-intensive industry (as defined in research and assessment center to leverage ef- providers to implement the recommendations of section 452(a)); and forts with— industrial research and assessment centers. ‘‘(B) any utility operating under a utility en- ‘‘(A) Federal and State efforts; ‘‘(2) APPRENTICESHIPS.—The Secretary shall ergy service project. ‘‘(B) the efforts of utilities and energy service pay the Federal share of associated apprentice- ‘‘(2) INDUSTRIAL RESEARCH AND ASSESSMENT providers; ship programs under which— CENTER.—The term ‘industrial research and as- ‘‘(C) the efforts of regional energy efficiency ‘‘(A) students work with or for industries, sessment center’ means— organizations; and manufacturers, and energy service providers to ‘‘(A) an institution of higher education-based ‘‘(D) the efforts of other industrial research implement the recommendations of industrial re- industrial research and assessment center that and assessment centers. search and assessment centers; and

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‘‘(B) employees of facilities that have received SEC. 1204. CONFORMING AMENDMENTS. (2) APPLICATION.—To be eligible to receive a an assessment from an industrial research and (a) Section 106 of the Energy Policy Act of rebate under this section, a qualified entity assessment center work with or for an industrial 2005 (42 U.S.C. 15811) and the item relating to shall submit to the Secretary of Energy— research and assessment center to gain knowl- such section in the table of contents of such Act (A) an application in such form, at such time, edge on engineering practices and processes to are repealed. and containing such information as the Sec- improve productivity and energy savings. (b) Sections 131, 132, 133, 2103, and 2107 of the retary of Energy may require; and ‘‘(3) FEDERAL SHARE.—The Federal share of Energy Policy Act of 1992 (42 U.S.C. 6348, 6349, (B) a certification that includes demonstrated the cost of carrying out internship programs de- 6350, 13453, 13456) and the items relating to such evidence— scribed in paragraph (1) and apprenticeship section in the table of contents of such Act are (i) that the entity is a qualified entity; and programs described in paragraph (2) shall be 50 repealed. (ii)(I) in the case of a qualified entity de- percent. (c) Section 2101(a) of the Energy Policy Act of scribed in paragraph (1)(A)— ‘‘(h) SMALL BUSINESS LOANS.—The Adminis- 1992 (42 U.S.C. 13451(a)) is amended in the third (aa) that the qualified entity installed the trator of the Small Business Administration sentence by striking ‘‘sections 2102, 2103, 2104, qualified extended product system during the 2 shall, to the maximum extent practicable, expe- 2105, 2106, 2107, and 2108’’ and inserting ‘‘sec- fiscal years following the date of enactment of dite consideration of applications from eligible tions 2102, 2104, 2105, 2106, and 2108 of this Act this Act; small business concerns for loans under the and section 376 of the Energy Policy and Con- (bb) that the qualified extended product sys- Small Business Act (15 U.S.C. 631 et seq.) to im- servation Act,’’. tem meets the requirements of subsection plement recommendations developed by the in- PART 2—EXTENDED PRODUCT SYSTEM (a)(4)(A); and dustrial research and assessment centers. REBATE PROGRAM (cc) showing the serial number, manufacturer, ‘‘(i) FUNDING.—There is authorized to be ap- SEC. 1211. EXTENDED PRODUCT SYSTEM REBATE and model number from the nameplate of the in- propriated to the Secretary to carry out this sec- PROGRAM. stalled motor of the qualified entity on which tion $30,000,000 for each fiscal year, to remain (a) DEFINITIONS.—In this section: the qualified extended product system was in- available until expended.’’. (1) ELECTRIC MOTOR.—The term ‘‘electric stalled; or (c) CLERICAL AMENDMENTS.—The table of con- motor’’ has the meaning given the term in sec- (II) in the case of a qualified entity described tents of the Energy Independence and Security tion 431.12 of title 10, Code of Federal Regula- in paragraph (1)(B), demonstrated evidence— Act of 2007 (42 U.S.C. prec. 17001) is amended— tions (as in effect on the date of enactment of (aa) that the qualified extended product sys- (1) in the item relating to section 452, by strik- this Act). tem meets the requirements of subsection ing ‘‘Energy-intensive industries program’’ and (2) ELECTRONIC CONTROL.—The term ‘‘elec- (a)(4)(B); and inserting ‘‘Future of industry program’’; and tronic control’’ means— (bb) showing the serial number, manufacturer, (2) by adding at the end of the items relating (A) a power converter; or and model number from the nameplate of the in- to subtitle D of title IV the following: (B) a combination of a power circuit and con- stalled motor of the qualified entity with which SEC. 1203. SUSTAINABLE MANUFACTURING INI- trol circuit included on 1 chassis. the extended product system is integrated. TIATIVE. (3) EXTENDED PRODUCT SYSTEM.—The term (d) AUTHORIZED AMOUNT OF REBATE.— (a) IN GENERAL.—Part E of title III of the En- ‘‘extended product system’’ means an electric (1) IN GENERAL.—The Secretary of Energy may ergy Policy and Conservation Act (42 U.S.C. motor and any required associated electronic provide to a qualified entity a rebate in an 6341 et seq.) is amended by adding at the end control and driven load that— amount equal to the product obtained by multi- the following: (A) offers variable speed or multispeed oper- plying— ‘‘SEC. 376. SUSTAINABLE MANUFACTURING INI- ation; (A) an amount equal to the sum of the name- TIATIVE. (B) offers partial load control that reduces plate rated horsepower of— ‘‘(a) IN GENERAL.—As part of the Office of input energy requirements (as measured in kilo- (i) the electric motor to which the qualified ex- Energy Efficiency and Renewable Energy of the watt-hours) as compared to identified base levels tended product system is attached; and Department of Energy, the Secretary, on the re- set by the Secretary of Energy; and (ii) the electronic control; and quest of a manufacturer, shall carry out onsite (C)(i) has greater than 1 horsepower; and (B) $25. technical assessments to identify opportunities (ii) uses an extended product system tech- (2) MAXIMUM AGGREGATE AMOUNT.—A quali- for— nology, as determined by the Secretary of En- fied entity shall not be entitled to aggregate re- ‘‘(1) maximizing the energy efficiency of in- ergy. bates under this section in excess of $25,000 per dustrial processes and cross-cutting systems; (4) QUALIFIED EXTENDED PRODUCT SYSTEM.— calendar year. (A) IN GENERAL.—The term ‘‘qualified ex- ‘‘(2) preventing pollution and minimizing (e) AUTHORIZATION OF APPROPRIATIONS.— tended product system’’ means an extended waste; There is authorized to be appropriated to carry ‘‘(3) improving efficient use of water in manu- product system that— out this section $5,000,000 for each of the first 2 (i) includes an electric motor and an electronic facturing processes; full fiscal years following the date of enactment control; and ‘‘(4) conserving natural resources; and of this Act, to remain available until expended. (ii) reduces the input energy (as measured in ‘‘(5) achieving such other goals as the Sec- PART 3—TRANSFORMER REBATE kilowatt-hours) required to operate the extended retary determines to be appropriate. PROGRAM product system by not less than 5 percent, as ‘‘(b) COORDINATION.—To implement any rec- compared to identified base levels set by the Sec- SEC. 1221. ENERGY EFFICIENT TRANSFORMER RE- ommendations resulting from an onsite technical retary of Energy. BATE PROGRAM. assessment carried out under subsection (a) and (B) INCLUSIONS.—The term ‘‘qualified ex- (a) DEFINITIONS.—In this section: to accelerate the adoption of new and existing tended product system’’ includes commercial or (1) QUALIFIED ENERGY EFFICIENT TRANS- technologies and processes that improve energy industrial machinery or equipment that— FORMER.—The term ‘‘qualified energy efficient efficiency, the Secretary shall coordinate with— (i)(I) did not previously make use of the ex- transformer’’ means a transformer that meets or ‘‘(1) the Advanced Manufacturing Office of tended product system prior to the redesign de- exceeds the applicable energy conservation the Department of Energy; scribed in subclause (II); and standards described in the tables in subsection ‘‘(2) the Building Technologies Office of the (II) incorporates an extended product system (b)(2) and paragraphs (1) and (2) of subsection Department of Energy; that has greater than 1 horsepower into rede- (c) of section 431.196 of title 10, Code of Federal ‘‘(3) the Federal Energy Management Program signed machinery or equipment; and Regulations (as in effect on the date of enact- of the Department of Energy; and (ii) was previously used prior to, and was ment of this Act). ‘‘(4) the private sector and other appropriate placed back into service during, calendar year (2) QUALIFIED ENERGY INEFFICIENT TRANS- agencies, including the National Institute of 2021 or 2022. FORMER.—The term ‘‘qualified energy inefficient Standards and Technology. (b) ESTABLISHMENT.—Not later than 180 days transformer’’ means a transformer with an ‘‘(c) RESEARCH AND DEVELOPMENT PROGRAM after the date of enactment of this Act, the Sec- equal number of phases and capacity to a trans- FOR SUSTAINABLE MANUFACTURING AND INDUS- retary of Energy shall establish a program to former described in any of the tables in sub- TRIAL TECHNOLOGIES AND PROCESSES.—As part provide rebates for expenditures made by quali- section (b)(2) and paragraphs (1) and (2) of sub- of the industrial efficiency programs of the De- fied entities for the purchase or installation of a section (c) of section 431.196 of title 10, Code of partment of Energy, the Secretary shall carry qualified extended product system. Federal Regulations (as in effect on the date of out a joint industry-government partnership (c) QUALIFIED ENTITIES.— enactment of this Act) that— program to research, develop, and demonstrate (1) ELIGIBILITY REQUIREMENTS.—A qualified (A) does not meet or exceed the applicable en- new sustainable manufacturing and industrial entity under this section shall be— ergy conservation standards described in para- technologies and processes that maximize the (A) in the case of a qualified extended product graph (1); and energy efficiency of industrial plants, reduce system described in subsection (a)(4)(A), the (B)(i) was manufactured between January 1, pollution, and conserve natural resources.’’. purchaser of the qualified extended product that 1987, and December 31, 2008, for a transformer (b) CLERICAL AMENDMENT.—The table of con- is installed; and with an equal number of phases and capacity as tents of the Energy Policy and Conservation Act (B) in the case of a qualified extended product a transformer described in the table in sub- (42 U.S.C. prec. 6201) is amended by adding at system described in subsection (a)(4)(B), the section (b)(2) of section 431.196 of title 10, Code the end of the items relating to part E of title III manufacturer of the commercial or industrial of Federal Regulations (as in effect on the date the following: machinery or equipment that incorporated the of enactment of this Act); or ‘‘Sec. 376. Sustainable manufacturing initia- extended product system into that machinery or (ii) was manufactured between January 1, tive.’’. equipment. 1992, and December 31, 2011, for a transformer

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with an equal number of phases and capacity as ‘‘(b) DEVELOPMENT OF IMPLEMENTATION functionality of data centers, information tech- a transformer described in the table in para- STRATEGY.—Not later than 1 year after the date nology equipment, and software, such as rep- graph (1) or (2) of subsection (c) of that section of enactment of this section, each Federal agen- resentatives of hardware manufacturers, data (as in effect on the date of enactment of this cy shall coordinate with the Director, the Sec- center operators, and facility managers; Act). retary, and the Administrator of the Environ- ‘‘(2) obtain and address input from Depart- (3) QUALIFIED ENTITY.—The term ‘‘qualified mental Protection Agency to develop an implement of Energy National Laboratories or any entity’’ means an owner of industrial or manu- mentation strategy (that includes best practices college, university, research institution, indus- facturing facilities, commercial buildings, or and measurement and verification techniques) try association, company, or public interest multifamily residential buildings, a utility, or for the maintenance, purchase, and use by the group with applicable expertise; an energy service company that fulfills the re- Federal agency of energy-efficient and energy- ‘‘(3) follow— quirements of subsection (d). saving information technologies at or for feder- ‘‘(A) commonly accepted procedures for the (b) ESTABLISHMENT.—Not later than 90 days ally owned and operated facilities, taking into development of specifications; and ‘‘(B) accredited standards development proc- after the date of enactment of this Act, the Sec- consideration the performance goals established retary of Energy shall establish a program to esses; and under subsection (d). ‘‘(4) have a mission to promote energy effi- provide rebates to qualified entities for expendi- ‘‘(c) ADMINISTRATION.—In developing an im- ciency for data centers and information tech- tures made by the qualified entity for the re- plementation strategy under subsection (b), each nology. placement of a qualified energy inefficient Federal agency shall consider— ‘‘(d) MEASUREMENTS AND SPECIFICATIONS.— transformer with a qualified energy efficient ‘‘(1) advanced metering infrastructure; The Secretary and the Administrator shall con- transformer. ‘‘(2) energy-efficient data center strategies sider and assess the adequacy of the specifica- (c) REQUIREMENTS.—To be eligible to receive a and methods of increasing asset and infrastruc- tions, measurements, best practices, and bench- rebate under this section, an entity shall submit ture utilization; marks described in subsection (b) for use by the to the Secretary of Energy an application in ‘‘(3) advanced power management tools; Federal Energy Management Program, the En- such form, at such time, and containing such ‘‘(4) building information modeling, including ergy Star Program, and other efficiency pro- information as the Secretary of Energy may rebuilding energy management; grams of the Department of Energy or the Envi- quire, including demonstrated evidence— ‘‘(5) secure telework and travel substitution ronmental Protection Agency. (1) that the entity purchased a qualified en- tools; and ‘‘(e) STUDY.—The Secretary, in collaboration ‘‘(6) mechanisms to ensure that the agency re- ergy efficient transformer; with the Administrator, shall, not later than 4 (2) of the core loss value of the qualified en- alizes the energy cost savings brought about years after the date of enactment of the Clean ergy efficient transformer; through increased efficiency and utilization. Economy Jobs and Innovation Act, make avail- (3) of the age of the qualified energy ineffi- ‘‘(d) PERFORMANCE GOALS.— able to the public an update to the report of the cient transformer being replaced; ‘‘(1) IN GENERAL.—Not later than 180 days (4) of the core loss value of the qualified en- after the date of enactment of this section, the Lawrence Berkeley National Laboratory entitled ergy inefficient transformer being replaced— Director, in consultation with the Secretary, ‘United States Data Center Energy Usage Re- (A) as measured by a qualified professional or shall establish performance goals for evaluating port’ and dated June, 2016 (prepared as an up- verified by the equipment manufacturer, as ap- the efforts of Federal agencies in improving the date to the Report to Congress on Server and plicable; or maintenance, purchase, and use of energy-effi- Data Center Energy Efficiency, published on (B) for transformers described in subsection cient and energy-saving information technology August 2, 2007, under section 1 of Public Law (a)(2)(B)(i), as selected from a table of default at or for federally owned and operated facilities. 109–431 (120 Stat. 2920)), that includes— ‘‘(1) a comparison and gap analysis of the es- values as determined by the Secretary of Energy ‘‘(2) BEST PRACTICES.—The Chief Information timates and projections contained in the report in consultation with applicable industry; and Officers Council established under section 3603 with new data regarding the period from 2015 (5) that the qualified energy inefficient trans- of title 44, United States Code, shall recommend through 2020; former has been permanently decommissioned best practices for the attainment of the perform- ‘‘(2) an analysis considering the impact of in- and scrapped. ance goals, which shall include Federal agency formation technologies, including virtualization (d) AUTHORIZED AMOUNT OF REBATE.—The consideration of, to the extent applicable by and cloud computing, in the public and private amount of a rebate provided under this section law, the use of— sectors; shall be— ‘‘(A) energy savings performance contracting; (1) for a 3-phase or single-phase transformer ‘‘(3) an evaluation of the impact of the com- and bination of cloud platforms, mobile devices, so- with a capacity of not less than 10 and not ‘‘(B) utility energy services contracting. cial media, and big data on data center energy greater than 2,500 kilovolt-amperes, twice the ‘‘(e) REPORTS.— usage; amount equal to the difference in Watts between ‘‘(1) AGENCY REPORTS.—Each Federal agency ‘‘(4) an evaluation of water usage in data cen- the core loss value (as measured in accordance shall include in the report of the agency under ters and recommendations for reductions in such with paragraphs (2) and (4) of subsection (c)) section 527 a description of the efforts and re- water usage; and of— sults of the agency under this section. ‘‘(5) updated projections and recommenda- (A) the qualified energy inefficient trans- ‘‘(2) OMB GOVERNMENT EFFICIENCY REPORTS tions for best practices through fiscal year 2025. former; and AND SCORECARDS.—Effective beginning not later ‘‘(f) DATA CENTER ENERGY PRACTITIONER (B) the qualified energy efficient transformer; than October 1, 2021, the Director shall include PROGRAM.—The Secretary, in collaboration with or in the annual report and scorecard of the Direc- key stakeholders and the Director of the Office (2) for a transformer described in subsection tor required under section 528 a description of of Management and Budget, shall maintain a (a)(2)(B)(i), the amount determined using a the efforts and results of Federal agencies under data center energy practitioner program that table of default rebate values by rated trans- this section.’’. leads to the certification of energy practitioners former output, as measured in kilovolt-amperes, (b) CONFORMING AMENDMENT.—The table of qualified to evaluate the energy usage and effi- as determined by the Secretary of Energy in contents for the Energy Independence and Secu- ciency opportunities in federally owned and op- consultation with applicable industry. rity Act of 2007 is amended by adding after the erated data centers. Each Federal agency shall (e) AUTHORIZATION OF APPROPRIATIONS.— item relating to section 529 the following: consider having the data centers of the agency There is authorized to be appropriated to carry ‘‘Sec. 530. Energy-efficient and energy-saving evaluated every 4 years, in accordance with sec- out this section $5,000,000 for each of fiscal information technologies.’’. tion 543(f) of the National Energy Conservation years 2021 and 2022, to remain available until SEC. 1302. ENERGY EFFICIENT DATA CENTERS. Policy Act, by energy practitioners certified pur- expended. Section 453 of the Energy Independence and suant to such program. (f) TERMINATION OF EFFECTIVENESS.—The au- ‘‘(g) OPEN DATA INITIATIVE.—The Secretary, thority provided by this section terminates on Security Act of 2007 (42 U.S.C. 17112) is amend- in collaboration with key stakeholders and the December 31, 2022. ed— (1) in subsection (b)— Office of Management and Budget, shall estab- Subtitle C—Federal Agency Energy Efficiency (A) in paragraph (2)(D)(iv), by striking ‘‘de- lish an open data initiative relating to energy SEC. 1301. ENERGY-EFFICIENT AND ENERGY-SAV- termined by the organization’’ and inserting usage at federally owned and operated data ING INFORMATION TECHNOLOGIES. ‘‘proposed by the stakeholders’’; and centers, with the purpose of making such data (a) IN GENERAL.—Subtitle C of title V of the (B) by striking paragraph (3); and available and accessible in a manner that en- Energy Independence and Security Act of 2007 (2) by striking subsections (c) through (g) and courages further data center innovation, optimi- (Public Law 110–140; 121 Stat. 1661) is amended inserting the following: zation, and consolidation. In establishing the by adding at the end the following: ‘‘(c) STAKEHOLDER INVOLVEMENT.—The Sec- initiative, the Secretary shall consider the use of ‘‘SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAV- retary and the Administrator shall carry out the online Data Center Maturity Model. ING INFORMATION TECHNOLOGIES. subsection (b) in collaboration with information ‘‘(h) INTERNATIONAL SPECIFICATIONS AND ‘‘(a) DEFINITIONS.—In this section: technology industry and other key stakeholders, METRICS.—The Secretary, in collaboration with ‘‘(1) DIRECTOR.—The term ‘Director’ means with the goal of producing results that accu- key stakeholders, shall actively participate in the Director of the Office of Management and rately reflect the most relevant and useful infor- efforts to harmonize global specifications and Budget. mation. In such collaboration, the Secretary metrics for data center energy and water effi- ‘‘(2) INFORMATION TECHNOLOGY.—The term and the Administrator shall pay particular at- ciency. ‘information technology’ has the meaning given tention to organizations that— ‘‘(i) DATA CENTER UTILIZATION METRIC.—The that term in section 11101 of title 40, United ‘‘(1) have members with expertise in energy ef- Secretary, in collaboration with key stake- States Code. ficiency and in the development, operation, and holders, shall facilitate in the development of an

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00064 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4783 efficiency metric that measures the energy effi- square foot) at facilities of the agency by 2.5 ‘‘(I) this section and sections 544, 546, 547, and ciency of a data center (including equipment percent each fiscal year, relative to the average 548; and and facilities). building energy intensity of the facilities of the ‘‘(II) section 203 of the Energy Policy Act of ‘‘(j) PROTECTION OF PROPRIETARY INFORMA- agency in fiscal year 2018; and 2005 (42 U.S.C. 15852); TION.—The Secretary and the Administrator (2) for each of fiscal years 2020 through 2030, ‘‘(iii)(I) collect energy and water use and con- shall not disclose any proprietary information improve water use efficiency and management, sumption data from each agency; and or trade secrets provided by any individual or including stormwater management, at facilities ‘‘(II) based on that data, submit to each agen- company for the purposes of carrying out this of the agency by reducing agency water con- cy a report that will facilitate the energy and section or the programs and initiatives estab- sumption intensity— water management, energy-related investment lished under this section.’’. (A) by reducing the potable water consump- practices, and environmental stewardship of the Subtitle D—Regulatory Provisions tion by 54 percent by fiscal year 2030, relative to agency in support of Federal goals under this the potable water consumption of the agency in PART 1—FEDERAL GREEN BUILDINGS Act and under other provisions of law; fiscal year 2007, through reductions of 2 percent ‘‘(iv) carry out the responsibilities of the Sec- SEC. 1401. HIGH-PERFORMANCE GREEN FEDERAL each fiscal year (as measured in gallons per retary under section 305 of the Energy Con- BUILDINGS. gross square foot); servation and Production Act (42 U.S.C. 6834); Section 436(h) of the Energy Independence (B) by reducing the industrial, landscaping, ‘‘(v) in consultation with the Administrator of and Security Act of 2007 (42 U.S.C. 17092(h)) is and agricultural water consumption of the the General Services Administration, acting amended— agency, as compared to a baseline of that con- through the head of the Office of High-Perform- (1) in the subsection heading, by striking sumption by the agency in fiscal year 2010, ance Green Buildings, establish and implement ‘‘SYSTEM’’ and inserting ‘‘SYSTEMS’’; through reductions of 2 percent each fiscal year sustainable design principles for Federal facili- (2) by striking paragraph (1) and inserting the (as measured in gallons); and ties; and following: (C) by installing appropriate infrastructure ‘‘(vi) designate products that meet the highest ‘‘(1) IN GENERAL.—Based on an ongoing re- features on federally owned property to improve energy conservation standards for categories not view, the Federal Director shall identify and stormwater and wastewater management. covered under the Energy Star program estab- shall provide to the Secretary pursuant to sec- (c) ENERGY MANAGEMENT REQUIREMENTS.— lished under section 324A of the Energy Policy tion 305(a)(3)(D) of the Energy Conservation Section 543 of the National Energy Conservation and Conservation Act (42 U.S.C. 6294a). and Production Act (42 U.S.C. 6834(a)(3)(D)) a Policy Act (42 U.S.C. 8253) is amended by add- ‘‘(C) FEDERAL INTERAGENCY COORDINATION.— list of those certification systems that the Direc- ing at the end the following: In administering the Program, the Federal Di- tor identifies as the most likely to encourage a ‘‘(h) FEDERAL ENERGY MANAGEMENT PRO- rector shall— comprehensive and environmentally sound ap- GRAM.— proach to certification of green buildings.’’; and ‘‘(1) IN GENERAL.—The Secretary shall carry ‘‘(i) develop and implement accredited train- (3) in paragraph (2)— out a program, to be known as the ‘Federal En- ing consistent with existing Federal programs (A) in the matter preceding subparagraph (A), ergy Management Program’ (referred to in this and activities— by striking ‘‘system’’ and inserting ‘‘systems’’; subsection as the ‘Program’), to facilitate the ‘‘(I) relating to energy and water use, man- (B) by striking subparagraph (A) and insert- implementation by the Federal Government of agement, and resilience in Federal facilities, ening the following: cost-effective energy and water management ergy-related investment practices, and environ- ‘‘(A) an ongoing review provided to the Sec- and energy-related investment practices— mental stewardship; and retary pursuant to section 305(a)(3)(D) of the ‘‘(A) to coordinate and strengthen Federal en- ‘‘(II) that includes in-person training, inter- Energy Conservation and Production Act (42 ergy and water resilience; and net-based programs, and national in-person U.S.C. 6834(a)(3)(D)), which shall— ‘‘(B) to promote environmental stewardship. training events; ‘‘(i) be carried out by the Federal Director to ‘‘(2) FEDERAL DIRECTOR.—The Secretary shall ‘‘(ii) carry out the functions of the Secretary compare and evaluate standards; and appoint an individual to serve as the director of with respect to the Interagency Energy Manage- ‘‘(ii) allow any developer or administrator of a the Program (referred to in this subsection as ment Task Force under section 547; and rating system or certification system to be in- the ‘Federal Director’), which shall be a career ‘‘(iii) report on the implementation of the pri- cluded in the review;’’; position in the Senior Executive service, to ad- orities of the President, including Executive or- (C) in subparagraph (E)(v), by striking ‘‘and’’ minister the Program. ders, relating to energy and water use in Fed- after the semicolon at the end; ‘‘(3) PROGRAM ACTIVITIES.— eral facilities, in coordination with— (D) in subparagraph (F), by striking the pe- ‘‘(A) STRATEGIC PLANNING AND TECHNICAL AS- ‘‘(I) the Office of Management and Budget; riod at the end and inserting a semicolon; and SISTANCE.—In administering the Program, the ‘‘(II) the Council on Environmental Quality; (E) by adding at the end the following: Federal Director shall— and ‘‘(G) a finding that, for all credits addressing ‘‘(i) provide technical assistance and project ‘‘(III) any other entity, as considered nec- the sourcing of grown, harvested, or mined ma- implementation support and guidance to agen- essary by the Federal Director. terials, the system rewards the use of products cies to identify, implement, procure, and track ‘‘(D) FACILITY AND FLEET OPTIMIZATION.—In that have obtained certifications of responsible energy and water conservation measures re- administering the Program, the Federal Director sourcing, such as certifications provided by the quired under this Act and under other provi- shall develop guidance, supply assistance to, Sustainable Forestry Initiative, the Forest Stew- sions of law; and track the progress of agencies— ardship Council, the American Tree Farm Sys- ‘‘(ii) in coordination with the Administrator of ‘‘(i) in conducting portfolio-wide facility en- tem, or the Programme for the Endorsement of the General Services Administration, establish ergy and water resilience planning and project Forest Certification; and appropriate procedures, methods, and best prac- integration; ‘‘(H) a finding that the system incorporates tices for use by agencies to select, monitor, and ‘‘(ii) in building new construction and major life-cycle assessment as a credit pathway.’’. terminate contracts entered into pursuant to a renovations to meet the sustainable design and utility incentive program under section 546(c) energy and water performance standards re- PART 2—ENERGY AND WATER PERFORM- with utilities; ANCE REQUIREMENTS FOR FEDERAL quired under this section; ‘‘(iii) carry out the responsibilities of the Sec- ‘‘(iii) in developing guidelines for— BUILDINGS retary under section 801, as determined appro- ‘‘(I) facility commissioning; and SEC. 1411. FEDERAL ENERGY MANAGEMENT PRO- priate by the Secretary; ‘‘(II) facility operations and maintenance; GRAM. ‘‘(iv) establish and maintain internet-based and (a) FINDINGS.—Congress finds the following: information resources and project tracking sys- (1) The Federal Government is the largest en- tems and tools for energy and water manage- ‘‘(iv) in coordination with the Administrator ergy user in the United States. ment; of the General Services Administration, in meet- (2) Reducing energy and water use in Federal ‘‘(v) coordinate comprehensive and strategic ing statutory and agency goals for Federal fleet facilities— approaches to energy and water resilience plan- vehicles. (A) saves taxpayer dollars; ning for agencies; and ‘‘(4) MANAGEMENT COUNCIL.—The Federal Di- (B) reduces greenhouse gas emissions from the ‘‘(vi) establish a recognition program for Fed- rector shall establish a management council to Federal sector; and eral achievement in energy and water manage- advise the Federal Director that shall— (C) increases employee comfort and produc- ment, energy-related investment practices, envi- ‘‘(A) convene not less frequently than once tivity. ronmental stewardship, and other relevant every quarter; and (3) It is important for the Federal Government areas, through events such as individual rec- ‘‘(B) consist of representatives from— to— ognition award ceremonies and public an- ‘‘(i) the Council on Environmental Quality; (A) develop goals for energy and water use re- nouncements. ‘‘(ii) the Office of Management and Budget; duction in Federal facilities; and ‘‘(B) ENERGY AND WATER MANAGEMENT AND and (B) to the maximum extent practicable, take REPORTING.—In administering the Program, the ‘‘(iii) the Office of Federal High-Performance measures that are life cycle cost effective. Federal Director shall— Green Buildings in the General Services Admin- (b) SENSE OF CONGRESS.—It is the sense of ‘‘(i) track and report on the progress of agen- istration. Congress that Federal agencies should— cies in meeting the requirements of the agency ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— (1) for each of fiscal years 2020 through 2030, under this section; There is authorized to be appropriated to the reduce average building energy intensity (as ‘‘(ii) make publicly available agency perform- Secretary to carry out this subsection $36,000,000 measured in British thermal units per gross ance data required under— for each of fiscal years 2021 through 2025.’’.

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FEDERAL BUILDING ENERGY EFFI- (II) of subparagraph (A)(i) should be updated to comfort, acoustics, day lighting, pollutant CIENCY PERFORMANCE STANDARDS; reflect the revisions, based on the energy sav- source control, and use of low-emission mate- CERTIFICATION SYSTEM AND LEVEL ings and life cycle cost-effectiveness of the revi- rials and building system controls; FOR GREEN BUILDINGS. sions.’’; ‘‘(dd) the responsible sourcing of grown, har- (a) DEFINITIONS.—Section 303 of the Energy (B) in subparagraph (C), by striking ‘‘(C) In vested, or mined materials, including through Conservation and Production Act (42 U.S.C. the budget request’’ and inserting the following: certifications of responsible sourcing, such as 6832) is further amended by adding at the end ‘‘(C) BUDGET REQUEST.—In the budget re- certifications provided by the Forest Steward- the following: quest’’; and ship Council, the Sustainable Forestry Initia- ‘‘(19) MAJOR RENOVATION.—The term ‘major (C) in subparagraph (D)— tive, the American Tree Farm System, or the renovation’ means a modification of the energy (i) by striking subclause (III) of clause (i); Programme for the Endorsement of Forest Cer- systems of a building that is sufficiently exten- (ii) by striking ‘‘(D) Not later than’’ and in- tification; and sive to ensure that the entire building can serting the following: ‘‘(ee) such other criteria as the Secretary de- achieve compliance with applicable energy ‘‘(D) STANDARDS; CERTIFICATION FOR GREEN termines to be appropriate; and standards for new buildings, as established by BUILDINGS.— ‘‘(V) national recognition within the building the Secretary.’’. ‘‘(i) STANDARDS.—Not later than’’; industry. (b) FEDERAL BUILDING EFFICIENCY STAND- (iii) by striking ‘‘standards that require that:’’ ‘‘(vii) REVIEW.—The Secretary, in consulta- ARDS.—Section 305 of the Energy Conservation and all that follows through ‘‘For new Federal tion with the Administrator of General Services and Production Act (42 U.S.C. 6834) is amend- buildings’’ and inserting ‘‘standards that re- and the Secretary of Defense, shall conduct an ed— quire that, for new buildings’’; and ongoing review to evaluate and compare private (1) in subsection (a)(3)— (iv) by striking clauses (ii) through (vii) and sector green building certification systems, tak- (A) by striking ‘‘(3)(A) Not later than’’ and all inserting the following: ing into account— that follows through subparagraph (B) and in- ‘‘(ii) SUSTAINABLE DESIGN PRINCIPLES.—Sus- ‘‘(I) the criteria described in clause (vi); and serting the following: tainable design principles shall be applied to the ‘‘(II) the identification made by the Federal ‘‘(3) REVISED FEDERAL BUILDING ENERGY EFFI- siting, design, and construction of buildings Director under section 436(h) of the Energy CIENCY PERFORMANCE STANDARDS; CERTIFI- covered by this subparagraph. Independence and Security Act of 2007 (42 CATION FOR GREEN BUILDINGS.— ‘‘(iii) SELECTION OF CERTIFICATION SYSTEMS.— U.S.C. 17092(h)). ‘‘(viii) EXCLUSIONS.— ‘‘(A) REVISED FEDERAL BUILDING ENERGY EFFI- The Secretary, after reviewing the findings of ‘‘(I) IN GENERAL.—Subject to subclause (II), if CIENCY PERFORMANCE STANDARDS.— the Federal Director under section 436(h) of the a certification system fails to meet the review re- ‘‘(i) IN GENERAL.—Not later than 1 year after Energy Independence and Security Act of 2007 quirements of clause (vi), the Secretary shall— the date of enactment of the Clean Economy (42 U.S.C. 17092(h)), in consultation with the Administrator of General Services, and in con- ‘‘(aa) identify the portions of the system, Jobs and Innovation Act, the Secretary shall es- whether prerequisites, credits, points, or other- tablish, by regulation, revised Federal building sultation with the Secretary of Defense relating to those facilities under the custody and control wise, that meet the review criteria of clause (vi); energy efficiency performance standards that ‘‘(bb) determine the portions of the system of the Department of Defense, shall determine require that— that are suitable for use; and ‘‘(I) subject to clause (ii), new Federal build- those certification systems for green commercial ‘‘(cc) exclude all other portions of the system ings and Federal buildings with major renova- and residential buildings that the Secretary de- from identification and use. tions— termines to be the most likely to encourage a ‘‘(II) ENTIRE SYSTEMS.—The Secretary shall ‘‘(aa) meet or exceed the most recently pub- comprehensive and environmentally sound ap- exclude an entire system from use if an exclu- lished version of the International Energy Con- proach to certification of green buildings. sion under subclause (I)— servation Code (in the case of residential build- ‘‘(iv) BASIS FOR SELECTION.—The determina- ‘‘(aa) impedes the integrated use of the sys- ings) or ASHRAE Standard 90.1 (in the case of tion of the certification systems under clause tem; commercial buildings) as of the date of enact- (iii) shall be based on ongoing review of the ‘‘(bb) creates disparate review criteria or un- ment of the Clean Economy Jobs and Innovation findings of the Federal Director under section equal point access for competing materials; or Act; and 436(h) of the Energy Independence and Security ‘‘(cc) increases agency costs of the use. ‘‘(bb) meet or exceed the energy provisions of Act of 2007 (42 U.S.C. 17092(h)) and the criteria ‘‘(ix) INTERNAL CERTIFICATION PROCESSES.— the State and local building codes applicable to described in clause (vi). The Secretary may by rule allow Federal agen- the building if the codes are more stringent than ‘‘(v) ADMINISTRATION.—In determining certifi- cies to develop internal certification processes, the most recently published version of the Inter- cation systems under this subparagraph, the using certified professionals, in lieu of certifi- national Energy Conservation Code or ASHRAE Secretary shall— cation by certification entities identified under Standard 90.1 as of the date of enactment of the ‘‘(I) make a separate determination for all or clause (iii). Clean Economy Jobs and Innovation Act, as ap- part of each system; and ‘‘(x) PRIVATIZED MILITARY HOUSING.—With re- plicable; ‘‘(II) confirm that the criteria used to support spect to privatized military housing, the Sec- ‘‘(II) unless demonstrated not to be life cycle the selection of building products, materials, retary of Defense, after consultation with the cost-effective for new Federal buildings and brands, and technologies— Secretary may, through rulemaking, develop al- Federal buildings with major renovations— ‘‘(aa) are based on relevant technical data; ternative certification systems and levels than ‘‘(bb) use and reward evaluation of health, ‘‘(aa) the buildings shall be designed to the systems and levels identified under clause safety, and environmental risks and impacts achieve energy consumption levels that are not (iii) that achieve an equivalent result in terms of across the lifecycle of the building product, ma- less than 30 percent below the levels established energy savings, sustainable design, and green terial, brand, or technology, including meth- in the most recently published version of the building performance. odologies generally accepted by the applicable International Energy Conservation Code or the ‘‘(xi) WATER CONSERVATION TECHNOLOGIES.— scientific disciplines; ASHRAE Standard, as of the date of enactment In addition to any use of water conservation ‘‘(cc) as practicable, give preference to per- of the Clean Economy Jobs and Innovation Act, technologies otherwise required by this section, formance standards instead of prescriptive as appropriate; and water conservation technologies shall be applied measures; and ‘‘(bb) sustainable design principles are applied to the extent that the technologies are life-cycle ‘‘(dd) reward continual improvements in the to the location, siting, design, and construction cost-effective. lifecycle management of health, safety, and en- ‘‘(xii) EFFECTIVE DATE.— of all new Federal buildings and replacement vironmental risks and impacts. ‘‘(I) DETERMINATIONS MADE AFTER DECEMBER Federal buildings; ‘‘(vi) CONSIDERATIONS.—In determining the 31, 2020.—The amendments made by section ‘‘(III) if water is used to achieve energy effi- green building certification systems under this 1422(b)(1)(C) of the Clean Economy Jobs and In- ciency, water conservation technologies shall be subparagraph, the Secretary shall take into con- novation Act shall apply to any determination applied to the extent that the technologies are sideration— made by a Federal agency after December 31, life-cycle cost effective; and ‘‘(I) the ability and availability of assessors 2020. ‘‘(IV) if life-cycle cost effective, as compared and auditors to independently verify the criteria ‘‘(II) DETERMINATIONS MADE ON OR BEFORE to other reasonably available technologies, not and measurement of metrics at the scale nec- DECEMBER 31, 2020.—This subparagraph (as in ef- less than 30 percent of the hot water demand for essary to implement this subparagraph; fect on the day before the date of enactment of each new Federal building or Federal building ‘‘(II) the ability of the applicable certification the Clean Economy Jobs and Innovation Act) undergoing a major renovation be met through organization to collect and reflect public com- shall apply to any use of a certification system the installation and use of solar hot water heat- ment; for green commercial and residential buildings ers. ‘‘(III) the ability of the standard to be devel- by a Federal agency on or before December 31, ‘‘(ii) EXCEPTION.—Clause (i)(I) shall not apply oped and revised through a consensus-based 2020.’’; and to the unaltered portions of Federal buildings process; (2) by striking subsections (c) and (d) and in- and systems that have undergone major renova- ‘‘(IV) an evaluation of the robustness of the serting the following: tions. criteria for a high-performance green building, ‘‘(c) PERIODIC REVIEW.—The Secretary shall— ‘‘(B) UPDATES.—Not later than 1 year after which shall give credit for promoting— ‘‘(1) once every 5 years, review the Federal the date of approval of each subsequent revision ‘‘(aa) efficient and sustainable use of water, building energy standards established under of the ASHRAE Standard or the International energy, and other natural resources; this section; and Energy Conservation Code, as appropriate, the ‘‘(bb) use of renewable energy sources; ‘‘(2) on completion of a review under para- Secretary shall determine whether the revised ‘‘(cc) improved indoor environmental quality graph (1), if the Secretary determines that sig- standards established under subclauses (I) and through enhanced indoor air quality, thermal nificant energy savings would result, upgrade

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the standards to include all new energy effi- contracts of each agency, to the extent that the (8) HOPE QUALIFICATION.—The term ‘‘HOPE ciency and renewable energy measures that are information is not duplicative of information Qualification’’ means the qualification de- technologically feasible and economically justi- provided to the Secretary under a separate au- scribed in section 1513. fied.’’. thority; (9) HOPE TRAINING CREDIT.—The term (c) FEDERAL COMPLIANCE.—Section 306 of the ‘‘(B) the quantity and investment value of the ‘‘HOPE training credit’’ means a HOPE train- Energy Conservation and Production Act (42 contracts for the previous year; ing task credit or a HOPE training supple- U.S.C. 6835) is amended— ‘‘(C) the guaranteed energy savings, or for mental credit. (1) in subsection (a)— contracts without a guarantee, the estimated (10) HOPE TRAINING TASK CREDIT.—The term (A) in paragraph (1)— energy savings, for the previous year, as com- ‘‘HOPE training task credit’’ means a credit de- (i) by striking ‘‘(1) The head’’ and inserting pared to the measured energy savings for the scribed in section 1512(a). the following: previous year; (11) HOPE TRAINING SUPPLEMENTAL CREDIT.— ‘‘(1) IN GENERAL.—The head’’; and ‘‘(D) a forecast of the estimated quantity and The term ‘‘HOPE training supplemental credit’’ (ii) by striking ‘‘assure that new Federal investment value of contracts anticipated in the means a credit described in section 1512(b). buildings’’ and inserting ‘‘ensure that new Fed- following year for each agency; and (12) HVAC SYSTEM.—The term ‘‘HVAC sys- eral buildings and Federal buildings with major ‘‘(E)(i) a comparison of the information de- tem’’ means a system— renovations’’; and scribed in subparagraph (B) and the forecast de- (A) consisting of a heating component, a ven- (B) in paragraph (2)— scribed in subparagraph (D) in the report of the tilation component, and an air-conditioning (i) by striking the second sentence and insert- previous year; and component; and ing the following: ‘‘(ii) if applicable, the reasons for any dif- (B) which components may include central air ‘‘(B) PROCEDURES.—The Architect of the Cap- ferences in the data compared under clause conditioning, a heat pump, a furnace, a boiler, itol shall adopt procedures necessary to ensure (i).’’. a rooftop unit, and a window unit. that the buildings referred to in subparagraph Subtitle E—HOPE for HOMES (13) MEASURED PERFORMANCE REBATE.—The (A) meet or exceed the standards described in SEC. 1501. DEFINITIONS. term ‘‘measured performance rebate’’ means a that subparagraph.’’; and In this subtitle: rebate provided in accordance with section 1523 (ii) in the first sentence— and described in subsection (e) of that section. (1) CONTRACTOR CERTIFICATION.—The term (I) by inserting ‘‘and Federal buildings with ‘‘contractor certification’’ means an industry (14) MODELED PERFORMANCE REBATE.—The major renovations’’ after ‘‘new buildings’’; and recognized certification that may be obtained by term ‘‘modeled performance rebate’’ means a re- (II) by striking ‘‘(2) The Federal’’ and insert- a residential contractor to advance the expertise bate provided in accordance with section 1523 ing the following: and education of the contractor in energy effi- and described in subsection (d) of that section. ‘‘(2) APPLICABILITY.— ciency retrofits of residential buildings, includ- (15) MODERATE INCOME.—The term ‘‘moderate ‘‘(A) IN GENERAL.—The Federal’’; and ing— income’’ means, with respect to a household, a (2) in subsection (b)— household with an annual income that is less (A) by striking the subsection heading and in- (A) a certification provided by— (i) the Building Performance Institute; than 80 percent of the area median income, as serting ‘‘EXPENDITURES’’; and (ii) the Air Conditioning Contractors of Amer- determined annually by the Department of (B) by inserting ‘‘or a Federal building with ica; Housing and Urban Development. major renovations’’ after ‘‘new Federal build- (iii) the National Comfort Institute; (16) PARTIAL SYSTEM REBATE.—The term ‘‘paring’’. (iv) the North American Technician Excel- tial system rebate’’ means a rebate provided in SEC. 1413. USE OF ENERGY AND WATER EFFI- lence; accordance with section 1522. CIENCY MEASURES IN FEDERAL (v) RESNET; (17) SECRETARY.—The term ‘‘Secretary’’ means BUILDINGS. (vi) the United States Green Building Council; the Secretary of Energy. (a) FINDINGS.—Congress finds the following: or (18) STATE.—The term ‘‘State’’ includes— (1) Performance contracting is a private fi- (vii) Home Innovation Research Labs; and (A) a State; nancing tool with guaranteed energy savings (B) any other certification the Secretary de- (B) the District of Columbia; and has been used by the Federal Government termines appropriate for purposes of the Home (C) the Commonwealth of Puerto Rico; for nearly 30 years. Energy Savings Retrofit Rebate Program. (D) Guam; (2) Energy savings performance contracts and (2) CONTRACTOR COMPANY.—The term ‘‘con- (E) American Samoa; utility energy service contacts allow the Govern- tractor company’’ means a company— (F) the Commonwealth of the Northern Mar- ment to invest in infrastructure using private (A) the business of which is to provide services iana Islands; sector financing and expertise, with a guarantee to residential building owners with respect to (G) the United States Virgin Islands; and of results. HVAC systems, insulation, air sealing, or other (H) any other territory or possession of the (3) Use of performance contracting has saved services that are approved by the Secretary; United States. the Government and taxpayers more than (B) that holds the licenses and insurance re- (19) STATE ENERGY OFFICE.—The term ‘‘State $18,000,000,000. quired by the State in which the company pro- energy office’’ means the office or agency of a (4) By law, performance contracts are guaran- vides services; and State responsible for developing the State energy teed to provide savings to Federal agencies. (C) that provides services for which a partial conservation plan for the State under section (5) On average, performance contracts achieve system rebate, measured performance rebate, or 362 of the Energy Policy and Conservation Act savings in excess of the contractual and statu- modeled performance rebate may be provided (42 U.S.C. 6322). tory guarantee. pursuant to the Home Energy Savings Retrofit PART 1—HOPE TRAINING (6) In a fiscally constrained environment, per- Rebate Program. SEC. 1511. NOTICE FOR HOPE QUALIFICATION formance contracting helps to address the Fed- (3) ENERGY AUDIT.—The term ‘‘energy audit’’ eral Government’s backlog of maintenance and TRAINING AND GRANTS. means an inspection, survey, and analysis of Not later than 30 days after the date of enact- supplement scarce operations and maintenance the energy use of a building, including the dollars. ment of this Act, the Secretary, acting through building envelope and HVAC system. the Director of the Building Technologies Office (7) The House of Representatives, the Senate, (4) HOME.—The term ‘‘home’’ means a resi- of the Department of Energy, shall issue a no- and the Office of Management and Budget have dential dwelling unit in a building with no more tice that includes— all acted to recognize the value of performance than 4 dwelling units that— (1) criteria established under section 1512 for contracts by providing distinct budgetary con- (A) is located in the United States; approval by the Secretary of courses for which sideration of them; in the 115th Congress, the (B) was constructed before the date of enact- credits may be issued for purposes of a HOPE House of Representatives included section 5109 ment of this Act; and Qualification; in H. Con. Res. 71 to enable the greater use of (C) is occupied at least 6 months out of the (2) a list of courses that meet such criteria and performance contracting and to recognize their year. are so approved; and full cost savings benefits. (5) HOME ENERGY SAVINGS RETROFIT REBATE (3) information on how individuals and enti- (8) Federal agencies are not taking full ad- PROGRAM.—The term ‘‘Home Energy Savings vantage of the cost-effective energy efficiency Retrofit Rebate Program’’ means the Home En- ties may apply for grants under this part. measures that are available and documented. ergy Savings Retrofit Rebate Program estab- SEC. 1512. COURSE CRITERIA. (9) Using performance contracts to carry out lished under section 1521. (a) HOPE TRAINING TASK CREDIT.— such energy efficiency measures would benefit (6) HOMEOWNER.—The term ‘‘homeowner’’ (1) CRITERIA.—The Secretary shall establish taxpayers, the economy, and the environment. means the owner of an owner-occupied home or criteria for approval of a course for which a (b) REPORTS.—Section 548(b) of the National a tenant-occupied home. credit, to be known as a HOPE training task Energy Conservation Policy Act (42 U.S.C. (7) HOME VALUATION CERTIFICATION.—The credit, may be issued, including that such 8258(b)) is amended— term ‘‘home valuation certification’’ means the course— (1) in paragraph (3), by striking ‘‘and’’ at the following home assessments: (A) is equivalent to at least 30 hours in total end; (A) Home Energy Score. course time; (2) in paragraph (4), by striking the period at (B) PEARL Certification. (B) is accredited by the Interstate Renewable the end and inserting ‘‘; and’’; and (C) National Green Building Standard. Energy Council or is determined to be equivalent (3) by adding at the end the following: (D) LEED. by the Secretary; ‘‘(5)(A) the status of the energy savings per- (E) Any other assessment the Secretary deter- (C) is, with respect to a particular job, aligned formance contracts and utility energy service mines to be appropriate. with the relevant National Renewable Energy

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00067 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4786 CONGRESSIONAL RECORD — HOUSE September 23, 2020 Laboratory Job Task Analysis, or other SEC. 1514. GRANTS. provided in section 1524, not exceed 30 percent credentialing program foundation that helps (a) IN GENERAL.—The Secretary shall, to the of cost of the purchase and installation of insu- identify the necessary core knowledge areas, extent amounts are made available in appro- lation and air sealing under subsection (a)(1), or critical work functions, or skills, as approved by priations Acts for such purposes, provide grants the purchase and installation of insulation and the Secretary; to support the training of individuals toward air sealing and replacement of an HVAC system, (D) has established learning objectives; and the completion of a HOPE Qualification. the heating component of an HVAC system, or (E) includes, as the Secretary determines ap- (b) PROVIDER ORGANIZATIONS.— the cooling component of an HVAC system, propriate, an appropriate assessment of such (1) IN GENERAL.—The Secretary may provide a under subsection (a)(2). Labor may be included learning objectives that may include a final grant of up to $20,000 under this section to an in such cost but may not exceed— exam, to be proctored on-site or through remote organization to provide training online, includ- (A) in the case of a rebate under subsection proctoring, or an in-person field exam. ing establishing, modifying, or maintaining the (a)(1), 50 percent of such cost; and (2) INCLUDED COURSES.—The Secretary shall online systems, staff time, and software and on- (B) in the case of a rebate under subsection approve one or more courses that meet the cri- line program management, through a course (a)(2), 25 percent of such cost. teria described in paragraph (1) for training re- that meets the applicable criteria established (2) REPLACEMENT OF AN HVAC SYSTEM, THE lated to— under section 1512. HEATING COMPONENT OF AN HVAC SYSTEM, OR (A) contractor certification; (2) CRITERIA.—In order to receive a grant THE COOLING COMPONENT OF AN HVAC SYSTEM.— (B) energy auditing or assessment; under this subsection, an organization shall In order to qualify for a partial system rebate (C) home energy systems (including HVAC be— described in subsection (a)(2)— systems); (A) a nonprofit organization; (A) any HVAC system, heating component of (D) insulation installation and air leakage (B) an educational institution; or an HVAC system, or cooling component of an control; (C) an organization that has experience pro- HVAC system installed shall be Energy Star (E) health and safety regarding the installa- viding training to contractors that work with Most Efficient certified; tion of energy efficiency measures or health and the weatherization assistance program imple- (B) installation of such an HVAC system, the safety impacts associated with energy efficiency mented under part A of title IV of the Energy heating component of an HVAC system, or the retrofits; and Conservation and Production Act (42 U.S.C. cooling component of an HVAC system, shall be (F) indoor air quality. 6861 et seq.) or equivalent experience, as deter- completed in accordance with standards speci- (b) HOPE TRAINING SUPPLEMENTAL CREDIT mined by the Secretary. fied by the Secretary that are at least as strin- CRITERIA.—The Secretary shall establish criteria (3) ADDITIONAL CERTIFICATIONS.—In addition gent as the applicable guidelines of the Air Con- for approval of a course for which a credit, to to any grant provided under paragraph (1), the ditioning Contractors of America that are in ef- be known as a HOPE training supplemental Secretary may provide an organization up to fect on the date of enactment of this Act; credit, may be issued, including that such $5,000 for each additional course for which a (C) if ducts are present, replacement of an course provides— HOPE training credit may be issued that is of- HVAC system, the heating component of an (1) training related to— fered by the organization. HVAC system, or the cooling component of an (A) small business success, including manage- (c) CONTRACTOR COMPANY.—The Secretary HVAC system shall include duct sealing; and ment, home energy efficiency software, or gen- may provide a grant under this section of $1,000 (D) the installation of insulation and air seal- eral accounting principles; per employee to a contractor company, up to a ing shall occur within 6 months of the replace- (B) the issuance of a home valuation certifi- maximum of $10,000, to reimburse the contractor ment of the HVAC system, the heating compo- cation; company for training costs for employees, and nent of an HVAC system, or the cooling compo- (C) the use of wifi-enabled technology in an any home technology support needed for an em- nent of an HVAC system. energy efficiency upgrade; or ployee to receive training pursuant to this sec- (c) ADDITIONAL INCENTIVES FOR CONTRAC- (D) understanding and being able to partici- tion. Grant funds provided under this sub- TORS.—In carrying out the Home Energy Sav- pate in the Home Energy Savings Retrofit Re- section may be used to support wages of employ- ings Retrofit Rebate Program, the Secretary may bate Program; and ees during training. provide a $250 payment to a contractor per home (2) as the Secretary determines appropriate, (d) TRAINEES.—The Secretary may provide a for which— an appropriate assessment of such training that grant of up to $1,000 under this section to an in- (1) a partial system rebate is provided under may include a final exam, to be proctored on- dividual who receives a HOPE Qualification. this section for the installation of insulation site or through remote proctoring, or an in-per- (e) STATE ENERGY OFFICE.—The Secretary and air sealing, or installation of insulation and son field exam. may provide a grant under this section to a air sealing and replacement of an HVAC system, (c) EXISTING APPROVED COURSES.—The Sec- State energy office of up to $25,000 to implement the heating component of an HVAC system, or retary may approve a course that meets the ap- an authorized program under section 1513(b). the cooling component of an HVAC system, by plicable criteria established under this section SEC. 1515. AUTHORIZATION OF APPROPRIATIONS. the contractor; that is approved by the applicable State energy There is authorized to be appropriated to (2) the applicable homeowner has signed and office or relevant State agency with oversight carry out this part $500,000,000 for the period of submitted to the Secretary a release form made authority for residential energy efficiency pro- fiscal years 2021 through 2025, to remain avail- available pursuant to section 1526(b) author- grams. able until expended. izing the contractor access to information in the (d) IN-PERSON AND ONLINE TRAINING.—An on- PART 2—HOME ENERGY SAVINGS utility bills of the homeowner; and (3) the contractor inputs, into the Department line course approved pursuant to this section RETROFIT REBATE PROGRAM may be conducted in-person, but may not be of- of Energy’s Building Performance Database— SEC. 1521. ESTABLISHMENT OF HOME ENERGY fered exclusively in-person. (A) the energy usage for the home for the 12 SAVINGS RETROFIT REBATE PRO- months preceding, and the 24 months following, SEC. 1513. HOPE QUALIFICATION. GRAM. the installation of insulation and air sealing or (a) ISSUANCE OF CREDITS.— The Secretary shall establish a program, to be installation of insulation and air sealing and re- (1) IN GENERAL.—The Secretary, or an entity known as the Home Energy Savings Retrofit Re- placement of an HVAC system, the heating com- authorized by the Secretary pursuant to para- bate Program, to— ponent of an HVAC system, or the cooling com- graph (2), may issue— (1) provide rebates in accordance with section ponent of an HVAC system; (A) a HOPE training task credit to any indi- 1522; and (B) a description of such installation or in- vidual that completes a course that meets appli- (2) provide grants to States to carry out pro- stallation and replacement; and cable criteria under section 1512; and grams to provide rebates in accordance with sec- (C) the total cost to the homeowner for such (B) a HOPE training supplemental credit to tion 1523. installation or installation and replacement. any individual that completes a course that SEC. 1522. PARTIAL SYSTEM REBATES. (d) PROCESS.— meets the applicable criteria under section 1512. (a) AMOUNT OF REBATE.—In carrying out the (1) FORMS; REBATE PROCESSING SYSTEM.—Not (2) OTHER ENTITIES.—The Secretary may au- Home Energy Savings Retrofit Rebate Program, later than 90 days after the date of enactment of thorize a State energy office implementing an and subject to the availability of appropriations this Act, the Secretary, in consultation with the authorized program under subsection (b)(2), an for such purpose, the Secretary shall provide a Secretary of the Treasury, shall— organization described in section 1514(b), and homeowner a rebate, to be known as a partial (A) develop and make available rebate forms any other entity the Secretary determines ap- system rebate, of, except as provided in section required to receive a partial system rebate under propriate, to issue HOPE training credits in ac- 1524, up to— this section; cordance with paragraph (1). (1) $800 for the purchase and installation of (B) establish a Federal rebate processing sys- (b) HOPE QUALIFICATION.— insulation and air sealing within a home of the tem which shall serve as a database and infor- (1) IN GENERAL.—The Secretary may certify homeowner; and mation technology system that will allow home- that an individual has achieved a qualification, (2) $1,500 for the purchase and installation of owners to submit required rebate forms; and to be known as a HOPE Qualification, that in- insulation and air sealing within a home of the (C) establish a website that provides informa- dicates that the individual has received at least homeowner and replacement of an HVAC sys- tion on partial system rebates provided under 3 HOPE training credits, of which at least 2 tem, the heating component of an HVAC system, this section, including how to determine wheth- shall be HOPE training task credits. or the cooling component of an HVAC system, of er particular measures qualify for a rebate (2) STATE PROGRAMS.—The Secretary may au- such home. under this section and how to receive such a re- thorize a State energy office to implement a pro- (b) SPECIFICATIONS.— bate. gram to provide HOPE Qualifications in accord- (1) COST.—The amount of a partial system re- (2) SUBMISSION OF FORMS.—In order to receive ance with this part. bate provided under this section shall, except as a partial system rebate under this section, a

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00068 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4787 homeowner shall submit the required rebate plementation of a home energy efficiency ret- as measured using methods and procedures ap- forms, and any other information the Secretary rofit, including methods and procedures for use proved by the Secretary. determines appropriate, to the Federal rebate of advanced metering infrastructure, weather- (2) AMOUNT.— processing system established pursuant to para- normalized data, and open source standards, to (A) IN GENERAL.—Except as provided in sec- graph (1). measure such baseline energy use and such re- tion 1524, and subject to subparagraph (B), the (e) FUNDING.— ductions in home energy use; amount of a measured performance rebate pro- (1) LIMITATION.—For each fiscal year, the (4) that the State program include implemen- vided under a State program shall be equal to 50 Secretary may not use more than 50 percent of tation of a quality assurance program— percent of the cost, including the cost of diag- the amounts made available to carry out this (A) to ensure that home energy efficiency ret- nostic procedures, labor, reporting, and energy part to carry out this section. rofits are achieving the stated level of energy measurement, of the applicable home energy ef- (2) ALLOCATION.—The Secretary shall allocate savings, that efficiency measures were installed ficiency retrofit. amounts made available to carry out this section correctly, and that work is performed in accord- (B) LIMITATION.—Except as provided in sec- for partial system rebates among the States ance with procedures developed by the Sec- tion 1524, with respect to a home energy effi- using the same formula as is used to allocate retary, including through quality-control in- ciency retrofit that is measured as reducing funds for States under part D of title III of the spections for a portion of home energy efficiency home energy use by— Energy Policy and Conservation Act (42 U.S.C. retrofits completed by each applicable con- (i) at least 20 percent, but less than 40 percent, 6321 et seq.). tractor; and the maximum amount of a measured perform- SEC. 1523. STATE ADMINISTERED REBATES. (B) under which a quality-control inspection ance rebate shall be $2,000; and of a home energy efficiency retrofit is performed (ii) at least 40 percent, the maximum amount (a) FUNDING.—In carrying out the Home En- of a measured performance rebate shall be ergy Savings Retrofit Rebate Program, and sub- by a quality assurance provider who— (i) is independent of the contractor for such $4,000. ject to the availability of appropriations for retrofit; and (f) COORDINATION OF REBATE AND EXISTING such purpose, the Secretary shall provide grants (ii) will confirm that such contractor is a con- STATE-SPONSORED OR UTILITY-SPONSORED PRO- to States to carry out programs to provide re- tractor who meets minimum training require- GRAMS.—A State that receives a grant under bates in accordance with this section. ments and certification requirements set forth by this section is encouraged to work with State (b) STATE PARTICIPATION.— the Secretary; agencies, energy utilities, nonprofits, and other (1) PLAN.—In order to receive a grant under (5) that the State program include require- entities— this section a State shall submit to the Secretary ments for a homeowner, contractor, or rebate (1) to assist in marketing the availability of an application that includes a plan to imple- aggregator to claim a rebate, including that the the rebates under the applicable State program; ment a State program that meets the minimum homeowner, contractor, or rebate aggregator (2) to coordinate with utility or State managed criteria under subsection (c). submit any applicable forms approved by the financing programs; (2) APPROVAL.—Not later than 60 days after Secretary to the State, including a copy of the (3) to assist in implementation of the applica- receipt of a completed application for a grant certificate provided by the applicable contractor ble State program, including installation of under this section, the Secretary shall either ap- certifying projected or measured reduction of home energy efficiency retrofits; and prove the application or provide to the applicant home energy use; (4) to coordinate with existing quality assur- an explanation for denying the application. (6) that the State program may include re- ance programs. (c) MINIMUM CRITERIA FOR STATE PRO- quirements for an entity to be eligible to serve as (g) ADMINISTRATION AND OVERSIGHT.— GRAMS.—Not later than 6 months after the date a rebate aggregator to facilitate the delivery of (1) REVIEW OF APPROVED MODELING SOFT- of enactment of this Act, the Secretary shall es- rebates to homeowners or contractors; WARE.—The Secretary shall, on an annual tablish and publish minimum criteria for a State (7) that the State program include procedures basis, list and review all modeling software ap- program to meet to qualify for funding under for a homeowner to transfer the right to claim a proved for use in determining and documenting this section, including— rebate to the contractor performing the applica- the reductions in home energy use for purposes (1) that the State program be carried out by ble home energy efficiency retrofit or to a rebate of modeled performance rebates under sub- the applicable State energy office or its des- aggregator that works with the contractor; and section (d). In approving such modeling soft- ignee; (8) that the State program provide that a ware each year, the Secretary shall ensure that (2) that a rebate be provided under a State homeowner, contractor, or rebate aggregator modeling software approved for a year will re- program only for a home energy efficiency ret- may claim more than one rebate under the State sult in modeling of energy efficiency gains for rofit that— program, and may claim a rebate under the any type of home energy efficiency retrofit that (A) is completed by a contractor who meets State program after receiving a partial system is at least as substantial as the modeling of en- minimum training requirements and certifi- rebate under section 1522, provided that no 2 re- ergy efficiency gains for such type of home en- cation requirements set forth by the Secretary; bates may be provided with respect to a home ergy efficiency retrofit using the modeling soft- (B) includes installation of one or more home using the same baseline energy use of such ware approved for the previous year. energy efficiency retrofit measures for a home home. (2) OVERSIGHT.—If the Secretary determines that together are modeled to achieve, or are (d) MODELED PERFORMANCE REBATES.— that a State is not implementing a State pro- shown to achieve, a reduction in home energy (1) IN GENERAL.—In carrying out a State program that was approved pursuant to subsection use of 20 percent or more from the baseline en- gram under this section, a State may provide a (b) and that meets the minimum criteria under ergy use of the home; homeowner, contractor, or rebate aggregator a subsection (c), the Secretary may, after pro- (C) does not include installation of any meas- rebate, to be known as a modeled performance viding the State a period of at least 90 days to ure that the Secretary determines does not im- rebate, for an energy audit of a home and a meet such criteria, withhold grant funds under prove the thermal energy performance of the home energy efficiency retrofit that is projected, this section from the State. home, such as a pool pump, pool heater, spa, or using modeling software approved by the Sec- SEC. 1524. SPECIAL PROVISIONS FOR MODERATE EV charger; and retary, to reduce home energy use by at least 20 INCOME HOUSEHOLDS. (D) includes, after installation of the applica- percent. (a) CERTIFICATIONS.—The Secretary shall es- ble home energy efficiency retrofit measures, a (2) AMOUNT.— tablish procedures for certifying that the house- test-out procedure conducted in accordance (A) IN GENERAL.—Except as provided in sec- hold of a homeowner is moderate income for with guidelines issued by the Secretary of such tion 1524, and subject to subparagraph (B), the purposes of this section. measures to ensure— amount of a modeled performance rebate pro- (b) PERCENTAGES.—Subject to subsection (c), (i) the safe operation of all systems post ret- vided under a State program shall be equal to 50 for households of homeowners that are certified rofit; and percent of the cost of the applicable energy pursuant to the procedures established under (ii) that all improvements are included in, and audit of a home and home energy efficiency ret- subsection (a) as moderate income the— have been installed according to— rofit, including the cost of diagnostic proce- (1) amount of a partial system rebate under (I) manufacturers installation specifications; dures, labor, reporting, and modeling. section 1522 shall not exceed 60 percent of the and (B) LIMITATION.—Except as provided in sec- applicable purchase and installation costs de- (II) all applicable State and local codes or tion 1524, with respect to an energy audit and scribed in section 1522(b)(1); and equivalent standards approved by the Secretary; home energy efficiency retrofit that is projected (2) amount of— (3) that the State program utilize— to reduce home energy use by— (A) a modeled performance rebate under sec- (A) for purposes of modeled performance re- (i) at least 20 percent, but less than 40 percent, tion 1523 provided shall be equal to 80 percent of bates, modeling software approved by the Sec- the maximum amount of a modeled performance the applicable costs described in section retary for determining and documenting the rebate shall be $2,000; and 1523(d)(2)(A); and baseline energy use of a home and the reduc- (ii) at least 40 percent, the maximum amount (B) a measured performance rebate under sections in home energy use resulting from the im- of a modeled performance rebate shall be $4,000. tion 1523 provided shall be equal to 80 percent of plementation of a home energy efficiency ret- (e) MEASURED PERFORMANCE REBATES.— the applicable costs described in section rofit; and (1) IN GENERAL.—In carrying out a State pro- 1523(e)(2)(A). (B) for purposes of measured performance re- gram under this section, a State may provide a (c) MAXIMUM AMOUNTS.—For households of bates, methods and procedures approved by the homeowner, contractor, or rebate aggregator a homeowners that are certified pursuant to the Secretary for determining and documenting the rebate, to be known as a measured performance procedures established under subsection (a) as baseline energy use of a home and the reduc- rebate, for a home energy efficiency retrofit that moderate income the maximum amount— tions in home energy use resulting from the im- reduces home energy use by at least 20 percent (1) of a partial system rebate—

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00069 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4788 CONGRESSIONAL RECORD — HOUSE September 23, 2020 (A) under section 1522(a)(1) for the purchase part $1,200,000,000 for each of fiscal years 2021 after section 414B (42 U.S.C. 6864b) the fol- and installation of insulation and air sealing through 2025, to remain available until ex- lowing: within a home of the homeowner shall be $1600; pended. ‘‘SEC. 414C. CONTRACTOR OPTIMIZATION. and (b) TRIBAL ALLOCATION.—Of the amounts ‘‘(a) IN GENERAL.—The Secretary may request (B) under section 1522(a)(2) for the purchase made available pursuant to subsection (a) for a that entities receiving funding from the Federal and installation of insulation and air sealing fiscal year, the Secretary shall work with In- Government or from a State through a weather- within a home of the homeowner and replace- dian Tribes and use 2 percent of such amounts ization assistance program under section 413 or ment of an HVAC system, the heating compo- to carry out a program or programs that as close section 414 perform periodic reviews of the use of nent of an HVAC system, or the cooling compo- as possible reflect the goals, requirements, and private contractors in the provision of weather- nent of an HVAC system, of such home, shall be provisions of this part, taking into account any ization assistance, and encourage expanded use $3,000; factors that the Secretary determines to be ap- of contractors as appropriate. (2) of a modeled performance rebate under sec- propriate. ‘‘(b) USE OF TRAINING FUNDS.—Entities de- tion 1523 for an energy audit and home energy PART 3—GENERAL PROVISIONS scribed in subsection (a) may use funding de- efficiency retrofit that is projected to reduce SEC. 1531. APPOINTMENT OF PERSONNEL. scribed in such subsection to train private, non- home energy use as described in— Notwithstanding the provisions of title 5, Federal entities that are contracted to provide (A) section 1523(d)(2)(B)(i) shall be $4,000; and United States Code, regarding appointments in weatherization assistance under a weatheriza- (B) section 1523(d)(2)(B)(ii) shall be $8,000; the competitive service and General Schedule tion program, in accordance with rules deter- and classifications and pay rates, the Secretary may mined by the Secretary.’’. (3) of a measured performance rebate under appoint such professional and administrative (2) TABLE OF CONTENTS AMENDMENT.—The section 1523 for a home energy efficiency retrofit personnel as the Secretary considers necessary table of contents for the Energy Conservation that reduces home energy use as described in— to carry out this subtitle. and Production Act is amended by inserting (B) section 1523(e)(2)(B)(i) shall be $4,000; and after the item relating to section 414B the fol- SEC. 1532. MAINTENANCE OF FUNDING. (C) section 1523(e)(2)(B)(ii) shall be $8,000. lowing: (d) OUTREACH.—The Secretary shall establish Each State receiving Federal funds pursuant procedures to— to this subtitle shall provide reasonable assur- ‘‘Sec. 414C. Contractor optimization.’’. (1) provide information to households of ances to the Secretary that it has established (e) FINANCIAL ASSISTANCE FOR WAP ENHANCE- homeowners that are certified pursuant to the policies and procedures designed to ensure that MENT AND INNOVATION.— (1) IN GENERAL.—The Energy Conservation procedures established under subsection (a) as Federal funds provided under this subtitle will and Production Act is amended by inserting moderate income regarding other programs and be used to supplement, and not to supplant, after section 414C (as added by subsection (d) of resources relating to assistance for energy effi- State and local funds. this section) the following: ciency upgrades of homes, including the weath- Subtitle F—Weatherization erization assistance program implemented under ‘‘SEC. 414D. FINANCIAL ASSISTANCE FOR WAP EN- SEC. 1601. WEATHERIZATION ASSISTANCE PRO- HANCEMENT AND INNOVATION. part A of title IV of the Energy Conservation GRAM. and Production Act (42 U.S.C. 6861 et seq.); and ‘‘(a) PURPOSES.—The purposes of this section (a) REAUTHORIZATION OF WEATHERIZATION are— (2) refer such households, as applicable, to ASSISTANCE PROGRAM.—Section 422 of the En- such other programs and resources. ‘‘(1) to expand the number of dwelling units ergy Conservation and Production Act (42 that are occupied by low-income persons that SEC. 1525. EVALUATION REPORTS TO CONGRESS. U.S.C. 6872) is amended by striking paragraphs receive weatherization assistance by making (a) IN GENERAL.—Not later than 3 years after (1) through (5) and inserting the following: such dwelling units weatherization-ready; the date of enactment of this Act and annually ‘‘(1) $310,000,000 for fiscal year 2021; ‘‘(2) to promote the deployment of renewable thereafter until the termination of the Home En- ‘‘(2) $330,000,000 for fiscal year 2022; energy in dwelling units that are occupied by ergy Savings Retrofit Rebate Program, the Sec- ‘‘(3) $350,000,000 for fiscal year 2023; low-income persons; retary shall submit to Congress a report on the ‘‘(4) $350,000,000 for fiscal year 2024; and ‘‘(5) $350,000,000 for fiscal year 2025.’’. ‘‘(3) to ensure healthy indoor environments by use of funds made available to carry out this enhancing or expanding health and safety (b) MODERNIZING THE DEFINITION OF WEATH- part. measures and resources available to dwellings (b) CONTENTS.—Each report submitted under ERIZATION MATERIALS.—Section 412(9)(J) of the that are occupied by low-income persons; subsection (a) shall include— Energy Conservation and Production Act (42 ‘‘(4) to disseminate new methods and best (1) how many home energy efficiency retrofits U.S.C. 6862(9)(J)) is amended— practices among entities providing weatheriza- have been completed during the previous year (1) by inserting ‘‘, including renewable energy tion assistance; and under the Home Energy Savings Retrofit Rebate technologies and other advanced technologies,’’ ‘‘(5) to encourage entities providing weather- Program; after ‘‘devices or technologies’’; and ization assistance to hire and retain employees (2) an estimate of how many jobs have been (2) by striking ‘‘, after consulting with the who are individuals— created through the Home Energy Savings Ret- Secretary of Housing and Urban Development, ‘‘(A) from the community in which the assist- rofit Rebate Program, directly and indirectly; the Secretary of Agriculture, and the Director of ance is provided; and (3) a description of what steps could be taken the Community Services Administration’’. ‘‘(B) from communities or groups that are to promote further deployment of energy effi- (c) CONSIDERATION OF HEALTH BENEFITS.— underrepresented in the home energy perform- ciency and renewable energy retrofits; Section 413(b) of the Energy Conservation and ance workforce, including religious and ethnic (4) a description of the quantity of verifiable Production Act (42 U.S.C. 6863(b)) is amended— minorities, women, veterans, individuals with energy savings, homeowner energy bill savings, (1) in paragraph (1), by striking ‘‘Health, disabilities, and individuals who are and other benefits of the Home Energy Savings Education, and Welfare’’ and inserting ‘‘Health socioeconomically disadvantaged. Retrofit Rebate Program; and Human Services’’; ‘‘(b) FINANCIAL ASSISTANCE.—The Secretary (5) a description of any waste, fraud, or abuse (2) in paragraph (2)(A), by striking ‘‘Health, shall, to the extent funds are made available, with respect to funds made available to carry Education, and Welfare’’ and inserting ‘‘Health award financial assistance, on an annual basis, out this part; and and Human Services’’; through a competitive process to entities receiv- (6) any other information the Secretary con- (3) in paragraph (3)— ing funding from the Federal Government or siders appropriate. (A) by striking ‘‘and with the Director of the Community Services Administration’’; from a State, tribal organization, or unit of gen- SEC. 1526. ADMINISTRATION. (B) by inserting ‘‘and by’’ after ‘‘in carrying eral purpose local government through a weath- (a) IN GENERAL.—The Secretary shall provide out this part,’’; and erization program under section 413 or section such administrative and technical support to (C) by striking ‘‘, and the Director of the Com- 414, or to nonprofit entities, to be used by such contractors, rebate aggregators, States, and In- munity Services Administration in carrying out an entity— dian Tribes as is necessary to carry out this weatherization programs under section ‘‘(1) with respect to dwelling units that are oc- part. 222(a)(12) of the Economic Opportunity Act of cupied by low-income persons, to— (b) INFORMATION COLLECTION.—The Secretary 1964’’; ‘‘(A) implement measures to make such dwell- shall establish, and make available to a home- (4) by redesignating paragraphs (4) through ing units weatherization-ready by addressing owner, or the homeowner’s designated rep- (6) as paragraphs (5) through (7), respectively; structural, plumbing, roofing, and electrical resentative, seeking a rebate under this part, re- and issues, environmental hazards, or other meas- lease forms authorizing access by the Secretary, (5) by inserting after paragraph (3), the fol- ures that the Secretary determines to be appro- or a designated third-party representative to in- lowing: priate; formation in the utility bills of the homeowner ‘‘(4) The Secretary may amend the regulations ‘‘(B) install energy efficiency technologies, in- with appropriate privacy protections in place. prescribed under paragraph (1) to provide that cluding home energy management systems, (c) APPLICATION OF WAGE RATE REQUIRE- the standards described in paragraph (2)(A) smart devices, and other technologies the Sec- MENTS TO PARTIAL SYSTEM AND STATE ADMINIS- take into consideration improvements in the retary determines to be appropriate; TERED REBATES.—Section 12202 of this Act shall health and safety of occupants of dwelling ‘‘(C) install renewable energy systems (as de- not apply to rebates under sections 1522 and units, and other non-energy benefits, from fined in section 415(c)(6)(A)); and 1523. weatherization.’’. ‘‘(D) implement measures to ensure healthy SEC. 1527. AUTHORIZATION OF APPROPRIATIONS. (d) CONTRACTOR OPTIMIZATION.— indoor environments by improving indoor air (a) IN GENERAL.—There are authorized to be (1) IN GENERAL.—The Energy Conservation quality, accessibility, and other healthy homes appropriated to the Secretary to carry out this and Production Act is amended by inserting measures as determined by the Secretary;

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HIRING. ‘‘(A) to significantly increase the number of entity under this part. ‘‘The Secretary may, as the Secretary deter- energy retrofits performed by such entity; ‘‘(f) REQUIREMENTS.—Not later than 90 days mines appropriate, encourage entities receiving ‘‘(B) to replicate best practices for work per- after the date of enactment of this section, the funding from the Federal Government or from a formed pursuant to this section on a larger Secretary shall issue requirements to implement State through a weatherization program under scale; this section, including, for entities receiving fi- section 413 or section 414, to prioritize the hiring ‘‘(C) to leverage additional funds to sustain nancial assistance under this section— and retention of employees who are individuals the provision of weatherization assistance and ‘‘(1) standards for allowable expenditures; described in section 414D(a)(5).’’. other work performed pursuant to this section ‘‘(2) a minimum saving-to-investment ratio; (2) TABLE OF CONTENTS.—The table of con- after financial assistance awarded under this and tents for the Energy Conservation and Produc- section is expended; and ‘‘(3) standards for— tion Act is amended by inserting after the item ‘‘(D) to hire and retain employees who are in- ‘‘(A) training programs; relating to section 414D the following: dividuals described subsection (a)(5); ‘‘(B) energy audits; ‘‘Sec. 414E. Hiring.’’. ‘‘(3) for innovative outreach and education re- ‘‘(C) the provision of technical assistance; (g) INCREASE IN ADMINISTRATIVE FUNDS.—Sec- garding the benefits and availability of weather- ‘‘(D) monitoring activities carried out using tion 415(a)(1) of the Energy Conservation and ization assistance and other assistance available such financial assistance; Production Act (42 U.S.C. 6865(a)(1)) is amended pursuant to this section; ‘‘(E) verification of energy and cost savings; by striking ‘‘10 percent’’ and inserting ‘‘15 per- ‘‘(4) for quality control of work performed ‘‘(F) liability insurance requirements; and cent’’. ‘‘(G) recordkeeping and reporting require- pursuant to this section; (h) AMENDING RE-WEATHERIZATION DATE.— ‘‘(5) for data collection, measurement, and ments, which shall include reporting to the Of- Paragraph (2) of section 415(c) of the Energy verification with respect to such work; fice of Weatherization and Intergovernmental Conservation and Production Act (42 U.S.C. ‘‘(6) for program monitoring, oversight, eval- Programs of the Department of Energy applica- 6865(c)) is amended to read as follows: uation, and reporting regarding such work; ble data on each dwelling unit retrofitted or ‘‘(2) Dwelling units weatherized (including ‘‘(7) for labor, training, and technical assist- otherwise assisted pursuant to this section. dwelling units partially weatherized) under this ance relating to such work; ‘‘(g) COMPLIANCE WITH STATE AND LOCAL part, or under other Federal programs (in this ‘‘(8) for planning, management, and adminis- LAW.—Nothing in this section supersedes or oth- paragraph referred to as ‘previous weatheriza- tration (up to a maximum of 15 percent of the erwise affects any State or local law, to the ex- tion’), may not receive further financial assist- assistance provided); and tent that the State or local law contains a re- ance for weatherization under this part until ‘‘(9) for such other activities as the Secretary quirement that is more stringent than the appli- the date that is 15 years after the date such pre- determines to be appropriate. cable requirement of this section. vious weatherization was completed. This para- ‘‘(c) AWARD FACTORS.—In awarding financial ‘‘(h) REVIEW AND EVALUATION.—The Sec- graph does not preclude dwelling units that assistance under this section, the Secretary retary shall review and evaluate the perform- have received previous weatherization from re- shall consider— ance of each entity that receives an award of fi- ceiving assistance and services (including the ‘‘(1) the applicant’s record of constructing, nancial assistance under this section (which provision of information and education to assist renovating, repairing, or making energy effi- may include an audit). with energy management and evaluation of the ‘‘(i) ANNUAL REPORT.—The Secretary shall cient single-family, multifamily, or manufac- effectiveness of installed weatherization mate- submit to Congress an annual report that pro- tured homes that are occupied by low-income rials) other than weatherization under this part vides a description of— persons, either directly or through affiliates, or under other Federal programs, or from receiv- ‘‘(1) actions taken under this section to chapters, or other partners (using the most re- ing non-Federal assistance for weatherization.’’. achieve the purposes of this section; and cent year for which data are available); (i) ANNUAL REPORT.—Section 421 of the En- ‘‘(2) accomplishments as a result of such ac- ‘‘(2) the number of dwelling units occupied by ergy Conservation and Production Act (42 tions, including energy and cost savings low-income persons that the applicant has built, U.S.C. 6871) is amended by inserting ‘‘the num- achieved. renovated, repaired, weatherized, or made more ber of multifamily buildings in which individual ‘‘(j) FUNDING.— energy efficient in the 5 years preceding the dwelling units were weatherized during the pre- date of the application; ‘‘(1) AMOUNTS.— ‘‘(A) IN GENERAL.—For each of fiscal years vious year, the number of individual dwelling ‘‘(3) the qualifications, experience, and past units in multifamily buildings weatherized dur- performance of the applicant, including experi- 2021 through 2025, of the amount made available under section 422 for such fiscal year to carry ing the previous year,’’ after ‘‘the average size ence successfully managing and administering of the dwellings being weatherized,’’. Federal funds; out the weatherization program under this part SEC. 1602. REPORT ON WAIVERS. ‘‘(4) the strength of an applicant’s proposal to (not including any of such amount made avail- Not later than 180 days after the date of en- achieve one or more of the purposes under sub- able for Department of Energy headquarters actment of this Act, the Secretary of Energy section (a); training or technical assistance), not more shall submit to Congress a report on the status ‘‘(5) the extent to which such applicant will than— of any request made after September 30, 2010, for utilize partnerships and regional coordination ‘‘(i) 2 percent of such amount (if such amount a waiver of any requirement under section to achieve one or more of the purposes under is $225,000,000 or more but less than $260,000,000) 200.313 of title 2, Code of Federal Regulations, subsection (a); may be used to carry out this section; ‘‘(6) regional and climate zone diversity; ‘‘(ii) 4 percent of such amount (if such amount as such requirement applies with respect to the ‘‘(7) urban, suburban, and rural localities; is $260,000,000 or more but less than $300,000,000) weatherization assistance program under part A and may be used to carry out this section; and of title IV of the Energy Conservation and Pro- ‘‘(8) such other factors as the Secretary deter- ‘‘(iii) 6 percent of such amount (if such duction Act (42 U.S.C. 6861 et seq.), including a mines to be appropriate. amount is $300,000,000 or more) may be used to description of any such waiver that has been ‘‘(d) APPLICATIONS.— carry out this section. granted and any such request for a waiver that ‘‘(1) ADMINISTRATION.—To be eligible for an ‘‘(B) MINIMUM.—For each of fiscal years 2021 has been considered but not granted. award of financial assistance under this section, through 2025, if the amount made available SEC. 1603. APPLICATION OF WAGE RATE RE- an applicant shall submit to the Secretary an under section 422 (not including any of such QUIREMENTS TO WEATHERIZATION application in such manner and containing amount made available for Department of En- ASSISTANCE PROGRAM. such information as the Secretary may require. ergy headquarters training or technical assist- With respect to the Weatherization Assistance ‘‘(2) AWARDS.—Subject to the availability of ance) for such fiscal year is less than Program, the requirements of section 12202 shall appropriations, not later than 270 days after the $225,000,000, no funds shall be made available to apply only to work performed on multifamily date of enactment of this section, the Secretary carry out this section. buildings. shall make a first award of financial assistance ‘‘(2) LIMITATION.—For any fiscal year, the Subtitle G—Energy and Water Research under this section. Secretary may not use more than $25,000,000 of Integration ‘‘(e) MAXIMUM AMOUNT AND TERM.— the amount made available under section 422 to SEC. 1701. INTEGRATING ENERGY AND WATER RE- ‘‘(1) IN GENERAL.—The total amount of finan- carry out this section. SEARCH. cial assistance awarded to an entity under this ‘‘(k) TERMINATION.—The Secretary may not (a) IN GENERAL.—The Secretary of Energy section shall not exceed $2,000,000. award financial assistance under this section shall integrate water considerations into energy ‘‘(2) TECHNICAL AND TRAINING ASSISTANCE.— after September 30, 2025.’’. research, development, and demonstration pro- The total amount of financial assistance award- (2) TABLE OF CONTENTS.—The table of con- grams and projects of the Department of Energy ed to an entity under this section shall be re- tents for the Energy Conservation and Produc- by— duced by the cost of any technical and training tion Act is amended by inserting after the item (1) advancing energy and energy efficiency assistance provided by the Secretary that relates relating to section 414C the following: technologies and practices that meet the objec- to such financial assistance. ‘‘Sec. 414D. Financial assistance for WAP en- tives of— ‘‘(3) TERM.—The term of an award of finan- hancement and innovation.’’. (A) minimizing freshwater withdrawal and cial assistance under this section shall not ex- (f) HIRING.— consumption; ceed 3 years. (1) IN GENERAL.—The Energy Conservation (B) increasing water use efficiency; ‘‘(4) RELATIONSHIP TO FORMULA GRANTS.—An and Production Act is amended by inserting (C) utilizing nontraditional water sources entity may use financial assistance awarded to after section 414D (as added by subsection (e) of with efforts to improve the quality of the water such entity under this section in conjunction this section) the following: from those sources;

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(D) minimizing deleterious impacts on water (6) SUBMISSION TO CONGRESS.—Not later than SEC. 1703. RULE OF CONSTRUCTION. bodies, groundwater, and waterways; and 12 months after the date of enactment of this Notwithstanding any other provision of law, (E) minimizing seismic impacts; Act, the Secretary shall submit to the Committee nothing in this part shall be construed to re- (2) considering the effects climate variability on Science, Space, and Technology of the House quire State, tribal, or local governments to pro- may have on water supplies and quality for en- of Representatives and the Committee on Energy vide additional data for Federal purposes, or to ergy generation and fuel production; and and Natural Resources of the Senate the stra- take any action that may result in an increased (3) improving understanding of the energy- tegic plan. financial burden to such governments by re- water nexus. (7) UPDATING THE STRATEGIC PLAN.—Not later stricting the use of water by such governments. (b) STRATEGIC PLAN.— than 3 years after the date of enactment of this SEC. 1704. COORDINATION AND NONDUPLICA- (1) IN GENERAL.—Not later than 12 months Act, and at least once every 5 years thereafter, TION. after the date of enactment of this Act, the Sec- the Secretary shall— To the maximum extent practicable, the Sec- retary shall develop a strategic plan identifying (A) utilize relevant information produced by retary shall coordinate activities under this part the research, development, and demonstration Federal Government agencies, academia, State, with other programs of the Department and needs for Department programs and projects to local, and tribal governments and industry to other Federal research programs. carry out subsection (a). The strategic plan update the strategic plan; SEC. 1705. DEFINITIONS. shall include technical milestones for achieving (B) include in the updated strategic plan a de- and assessing progress toward the objectives of In this part: scription of the changes from the previous stra- (1) COMMITTEE.—The term ‘‘Committee’’ subsection (a)(1). tegic plan and the rationale for such changes; (2) SPECIFIC CONSIDERATIONS.—In developing means the Energy-Water Committee established (C) include a review of progress made towards the strategic plan, the Secretary shall consider— under section 1702(a). the milestones outlined in the previous strategic (A) new advanced cooling technologies for en- (2) DEPARTMENT.—The term ‘‘Department’’ plan; and ergy generation and fuel production tech- means the Department of Energy. nologies; (D) submit the updated strategic plan to the (3) ENERGY-WATER NEXUS.—The term ‘‘energy- (B) performance improvement of existing cool- Committee on Science, Space, and Technology of water nexus’’ means the energy required to pro- ing technologies and cost reductions associated the House of Representatives and the Committee vide reliable water supplies and the water re- with using those technologies; on Energy and Natural Resources of the Senate. quired to provide reliable energy supplies (C) innovative water reuse, recovery, and (c) ADDITIONAL ACTIVITIES.—The Secretary throughout the United States. treatment technologies in energy generation and may provide for such additional research, devel- (4) SECRETARY.—The term ‘‘Secretary’’ means fuel production, including renewable energy; opment, and demonstration activities as appro- the Secretary of Energy. (D) technology development for carbon cap- priate to integrate water considerations into the Subtitle H—Other Matters ture and storage systems that utilize efficient research, development, and demonstration activities of the Department as described in sub- SEC. 1801. MODIFICATIONS TO THE CEILING FAN water use design strategies; ENERGY CONSERVATION STANDARD. section (a). (E) technologies that are life-cycle cost effec- (a) IN GENERAL.—Section 325(ff)(6) of the En- tive; SEC. 1702. ENERGY-WATER OVERSIGHT AND CO- ergy Policy and Conservation Act (42 U.S.C. (F) systems analysis and modeling of issues ORDINATION. 6295(ff)(6)) is amended by adding at the end the relating to the energy-water nexus; (a) IN GENERAL.—In carrying out the re- following: (G) technologies to treat and utilize waste- search, development, and demonstration activi- ‘‘(C)(i) Large-diameter ceiling fans manufac- water and produced waters discharged from oil, ties outlined in section 1701, the Secretary, in tured on or after January 21, 2020, shall— natural gas, coalbed methane, and any other coordination with other relevant Federal agen- ‘‘(I) not be required to meet minimum ceiling substance to be used as an energy source; cies, shall establish an Energy-Water Committee fan efficiency in terms of ratio of the total air- (H) advanced materials for the use of non- to promote and enable improved energy and flow to the total power consumption as de- traditional water sources for energy generation water resource data collection, reporting, and scribed in the final rule titled ‘Energy Conserva- and fuel production; technological innovation. The Committee shall tion Program: Energy Conservation Standards (I) biomass production and utilization and the consist of— for Ceiling Fans’ (82 Fed. Reg. 6826 (January 19, impact on hydrologic systems; (1) representation from each program within 2017)); and (J) technologies that reduce impacts on water the Department and each Federal agency that from energy resource development; ‘‘(II) have a CFEI greater than or equal to— conducts research related to the energy-water ‘‘(aa) 1.00 at high speed; and (K) energy efficient technologies for water dis- nexus; and tribution, treatment, supply, and collection sys- ‘‘(bb) 1.31 at 40 percent speed or the nearest (2) non-Federal members, including represent- speed that is not less than 40 percent speed. tems; atives of research and academic institutions, (L) technologies for energy generation from ‘‘(ii) For purposes of this subparagraph, the State, local, and tribal governments, public util- water distribution, treatment, supply, and col- term ‘CFEI’ means the Fan Energy Index for ity commissions, and industry, who have exper- lection systems; large-diameter ceiling fans, calculated in ac- tise in technologies, technological innovations, (M) the flexible operation of water infrastruc- cordance with ANSI/AMCA Standard 208–18 ti- or practices relating to the energy-water nexus. ture to provide essential grid reliability services; tled ‘Calculation of the Fan Energy Index’, with UNCTIONS.—The Committee shall, in car- (N) modular or energy-water microgrid sys- (b) F the following modifications: rying out section 1701— tems that can provide energy and water re- ‘‘(I) Using an Airflow Constant (Q0) of 26,500 (1) make recommendations on the development sources in remote or disaster recovery areas; cubic feet per minute. and integration of data collection and data com- (O) recovering energy in the form of biofuels, ‘‘(II) Using a Pressure Constant (P0) of 0.0027 bioproducts, and biopower from municipal and munication standards and protocols, including inches water gauge. η industrial wastewaters, and similar organic models and modeling results, to agencies and en- ‘‘(III) Using a Fan Efficiency Constant ( 0) of streams; and tities currently engaged in collecting the data 42 percent.’’. (P) any other area of the energy-water nexus for the energy-water nexus; (b) REVISION.—For purposes of section 325(m) that the Secretary considers appropriate. (2) recommend ways to make improvements to of the Energy Policy and Conservation Act (42 (3) COLLABORATION AND NONDUPLICATION.—In Federal water use data to increase under- U.S.C. 6295(m)), the standard established in sec- developing the strategic plan, the Secretary standing of trends in energy generation and fuel tion 325(ff)(6)(C) of such Act (as added by sub- shall coordinate and avoid duplication— production, including non-cooling water uses; section (a) of this section) shall be treated as if (A) with other Federal agencies operating re- (3) recommend best practices for utilizing in- such standard was issued on January 19, 2017. lated programs, if appropriate; and formation from existing monitoring networks to SEC. 1802. SMART ENERGY AND WATER EFFI- (B) across programs and projects of the De- provide nationally uniform water and energy CIENCY PROGRAM. partment, including with those of the National use and infrastructure data; and (a) DEFINITIONS.—In this section: Laboratories. (4) conduct annual technical workshops, in- (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti- (4) RELEVANT INFORMATION AND RECOMMENDA- cluding at least one regional workshop annu- ty’’ means— TIONS.—In developing the strategic plan, the ally, to facilitate information exchange among (A) a municipality; Secretary shall consider and incorporate, as ap- Federal, regional, State, local, and tribal gov- (B) a water district; and propriate, relevant information and rec- ernments and private sector experts on tech- (C) any other entity that provides water, ommendations, including those of the National nologies that encourage the conservation and wastewater, or water reuse services, including a Water Availability and Use Assessment Program efficient use of water and energy. joint water and power authority. under section 9508(d) of the Omnibus Public (c) REPORTS.—Not later than 1 year after the (2) SECRETARY.—The term ‘‘Secretary’’ means Land Management Act of 2009 (42 U.S.C. date of enactment of this Act, and at least once the Secretary of Energy. 10368(d)). every 2 years thereafter, the Committee, through (3) SMART ENERGY AND WATER EFFICIENCY (5) ADDITIONAL PARTICIPATION.—In devel- the Secretary, shall transmit to Congress a re- PROGRAM.—The term ‘‘smart energy and water oping the strategic plan, the Secretary shall port on its findings and activities under this sec- efficiency program’’ or ‘‘program’’ means the consult and coordinate with a diverse group of tion. program established under subsection (b). representatives from research and academic in- (d) APPLICABILITY OF FEDERAL ADVISORY (b) SMART ENERGY AND WATER EFFICIENCY stitutions, industry, public utility commissions, COMMITTEE ACT.—Except as otherwise provided PROGRAM.— and State and local governments who have ex- in this section, the Federal Advisory Committee (1) IN GENERAL.—The Secretary shall establish pertise in technologies and practices relating to Act (5 U.S.C. App.) shall apply to the Com- and carry out a smart energy and water effi- the energy-water nexus. mittee. ciency program in accordance with this section.

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(2) ELIGIBLE PROJECTS.—In carrying out the (E) REPORT TO CONGRESS.—Not later than the grant, that a unit of local government receiving smart energy and water efficiency program, the date on which the Secretary completes the last such assistance obtain third-party verification Secretary shall award grants to eligible entities evaluation required under subparagraph (B), of energy efficiency improvements in each public to carry out projects that implement advanced the Secretary shall submit to Congress a report building with respect to which such assistance is and innovative technology-based solutions that containing the results of each evaluation car- used. will improve the energy or water efficiency of ried out under such subparagraph. ‘‘(2) GUIDANCE.—The Secretary may provide water, wastewater, or water reuse systems to— (c) AUTHORIZATION OF APPROPRIATIONS.— guidance to State agencies to comply with para- (A) help eligible entities make significant There is authorized to be appropriated graph (1). In developing such guidance, the Sec- progress in conserving water, conserving energy, $15,000,000 to carry out this section, to remain retary shall consider available third-party or reducing the operating costs of such systems; available until expended. verification tools for high-performing buildings (B) support the implementation of innovative SEC. 1803. ENERGY EFFICIENCY AND CONSERVA- and available third-party verification tools for processes or the installation of advanced auto- TION BLOCK GRANT PROGRAM. energy efficiency retrofits.’’. mated systems that provide real-time data on (a) PURPOSE.—Section 542(b)(1) of the Energy (c) ADMINISTRATION.—Section 125(c) of the energy and water; or Independence and Security Act of 2007 (42 Energy Policy Act of 2005, as so redesignated, is (C) improve predictive maintenance of water, U.S.C. 17152(b)(1)) is amended— amended— wastewater, or water reuse systems through the (1) in subparagraph (A), by striking ‘‘; and’’ (1) in the matter preceding paragraph (1), by use of Internet-connected technologies, such as and inserting a semicolon; striking ‘‘State energy offices receiving grants’’ sensors, intelligent gateways, or security embed- (2) in subparagraph (B), by striking the semi- and inserting ‘‘A State agency receiving a ded in hardware. colon and inserting ‘‘; and’’; and grant’’; (3) PROJECT SELECTION.— (3) by adding at the end the following: (2) in paragraph (1), by striking ‘‘; and’’ and (A) IN GENERAL.—The Secretary shall make ‘‘(C) diversifies energy supplies, including by inserting a semicolon; competitive, merit-reviewed grants under the facilitating and promoting the use of alternative (3) in paragraph (2), by striking the period at program to not fewer than 3, but not more than fuels;’’. the end and inserting ‘‘; and’’; and 5, eligible entities. (4) by adding at the end the following: (b) USE OF FUNDS.—Section 544(9) of the En- (B) SELECTION CRITERIA.—In selecting an eli- ‘‘(3) ensure that all laborers and mechanics ergy Independence and Security Act of 2007 (42 gible entity to receive a grant under the pro- employed by contractors and subcontractors in U.S.C. 17154(9)) is amended to read as follows: gram, the Secretary shall consider— the performance of construction, alteration, or ‘‘(9) deployment of energy distribution tech- (i) energy and cost savings anticipated to re- repair work financed in whole or in part with nologies that significantly increase energy effi- sult from the project; assistance received pursuant to this section ciency or expand access to alternative fuels, in- (ii) the innovative nature, commercial viabil- shall be paid wages at rates not less than those cluding— ity, and reliability of the technology to be used; prevailing on projects of a similar character in ‘‘(A) distributed resources; (iii) the degree to which the project integrates the locality, as determined by the Secretary of ‘‘(B) district heating and cooling systems; and innovative sensors, software, hardware, ana- Labor in accordance with subchapter IV of ‘‘(C) infrastructure for delivering alternative lytics, and management tools; chapter 31 of title 40, United States Code (and fuels;’’. (iv) the anticipated cost-effectiveness of the with respect to such labor standards, the Sec- (c) COMPETITIVE GRANTS.—Section 546(c)(2) of project in terms of energy savings, water savings retary of Labor shall have the authority and the Energy Independence and Security Act of or reuse, and infrastructure costs averted; functions set forth in Reorganization Plan Num- 2007 (42 U.S.C. 17156(c)(2)) is amended by insert- (v) whether the technology can be deployed in bered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) ing ‘‘, including projects to expand the use of a variety of geographic regions and the degree and section 3145 of title 40, United States alternative fuels’’ before the period at the end. to which the technology can be implemented on Code).’’. (d) FUNDING.—Section 548(a) of the Energy a smaller or larger scale, including whether the (d) AUTHORIZATION OF APPROPRIATIONS.—Sec- Independence and Security Act of 2007 (42 technology can be implemented by other types of tion 125(d) of the Energy Policy Act of 2005, as U.S.C. 17158(a)) is amended to read as follows: eligible entities; and so redesignated, is amended by striking ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— (vi) whether implementation of the project will ‘‘$30,000,000 for each of fiscal years 2006 through ‘‘(1) GRANTS.—There is authorized to be ap- be complete within 5 years. 2010’’ and inserting ‘‘$100,000,000 for each of fis- propriated to the Secretary for the provision of (C) APPLICATIONS.— cal years 2021 through 2025’’. (i) IN GENERAL.—Subject to clause (ii), an eli- grants under the program $3,500,000,000 for each gible entity seeking a grant under the program of fiscal years 2021 through 2025. SEC. 1805. SMART BUILDINGS. EFINITIONS shall submit to the Secretary an application at ‘‘(2) ADMINISTRATIVE COSTS.—There is author- (a) D .—In this section: such time, in such manner, and containing such ized to be appropriated to the Secretary for ad- (1) FRONTLINE COMMUNITY.—The term ‘‘front- information as the Secretary determines to be ministrative expenses of the program $35,000,000 line community’’ means a community with sig- necessary. for each of fiscal years 2021 through 2025.’’. nificant representation of communities of color, low-income communities, or Tribal and indige- (ii) CONTENTS.—An application under clause (e) TECHNICAL AMENDMENTS.—Section 543 of (i) shall, at a minimum, include— the Energy Independence and Security Act of nous communities, that experiences, or is at risk (I) a description of the project; 2007 (42 U.S.C. 17153) is amended— of experiencing, higher or more adverse human (II) a description of the technology to be used (1) in subsection (c), by striking ‘‘subsection health or environmental effects. (2) SECRETARY.—The term ‘‘Secretary’’ means in the project; (a)(2)’’ and inserting ‘‘subsection (a)(3)’’; and the Secretary of Energy. (III) the anticipated results, including energy (2) in subsection (d), by striking ‘‘subsection (3) SMART BUILDING.—The term ‘‘smart build- and water savings, of the project; (a)(3)’’ and inserting ‘‘subsection (a)(4)’’. (IV) a comprehensive budget for the project; ing’’ means a building, or collection of build- SEC. 1804. ENERGY EFFICIENT PUBLIC BUILD- ings, with an energy system that— and INGS. (V) the number of households or customers (A) is flexible and automated in its energy de- (a) GRANTS.—Section 125(a) of the Energy Pol- that are served by the eligible entity and will mand and usage in response to changes associ- icy Act of 2005 (42 U.S.C. 15822(a)) is amended— benefit from the project. ated with the environment, occupant behaviors, (1) in paragraph (1)— (4) ADMINISTRATION.— building conditions, and other events; (A) IN GENERAL.—Not later than 300 days (A) by inserting ‘‘Standard 90.1 of the Amer- (B) has monitoring, diagnostics, control, and after the date of enactment of this Act, the Sec- ican Society of Heating, Refrigerating, and Air- communication connectivity that enables anal- retary shall select grant recipients under this Conditioning Engineers,’’ after ‘‘the Inter- ysis and control of energy consumption and section. national Energy Conservation Code,’’; and generation; (B) EVALUATIONS.—The Secretary shall annu- (B) by striking ‘‘; or’’ and inserting a semi- (C) has a systems-based approach to inte- ally for 5 years carry out an evaluation of each colon; grating the overall building operations for con- project for which a grant is provided under this (2) in paragraph (2), by striking the period at trol of energy demand, generation, and storage; section that— the end and inserting ‘‘; or’’; and (D) has the ability to share information with (i) evaluates the progress and effects of the (3) by adding at the end the following: utilities or other third-party entities, as appro- project; and ‘‘(3) through benchmarking programs to en- priate in order to coordinate building energy as- (ii) assesses the degree to which the project able use of building performance data to evalu- sets to support energy system reliability and re- can be replicated in other regions, systems, and ate the performance of energy efficiency invest- silience; situations. ments over time.’’. (E) supports the health and safety of occu- (C) TECHNICAL ASSISTANCE.—On the request of (b) ASSURANCE OF IMPROVEMENT.—Section 125 pants; or a grant recipient, the Secretary shall provide of the Energy Policy Act of 2005 (42 U.S.C. (F) incorporates cybersecurity protections. technical assistance to the grant recipient to 15822) is amended by redesignating subsections (b) FEDERAL SMART BUILDING PROGRAM.— carry out the project. (b) and (c) as subsections (c) and (d), respec- (1) ESTABLISHMENT.—Not later than 1 year (D) BEST PRACTICES.—The Secretary shall tively, and inserting after subsection (a) the fol- after the date of enactment of this Act, the Sec- make available to the public— lowing: retary shall, in consultation with the Adminis- (i) a copy of each evaluation carried out ‘‘(b) ASSURANCE OF IMPROVEMENT.— trator of General Services, establish a program under subparagraph (B); and ‘‘(1) VERIFICATION.—A State agency receiving to be known as the ‘‘Federal Smart Building (ii) a description of any best practices identi- a grant for activities described in paragraph (1) Program’’— fied by the Secretary as a result of those evalua- or (2) of subsection (a) shall ensure, as a condi- (A) to implement smart building technology; tions. tion of eligibility for assistance pursuant to such and

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00073 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4792 CONGRESSIONAL RECORD — HOUSE September 23, 2020 (B) to demonstrate the costs and benefits of (IV) establishing cybersecurity; and niques, and retrofits. In supporting research smart buildings. (B) any other information the Secretary deter- and development under subparagraph (A), the (2) SELECTION.— mines to be appropriate. Secretary shall— (A) IN GENERAL.—The Secretary shall coordi- (d) LEVERAGING EXISTING PROGRAMS.— (i) include considerations of a full lifecycle nate the selection of not fewer than 1 building (1) BETTER BUILDINGS PROGRAM.— analysis during building design, manufacturing, from among each of several key Federal agen- (A) BETTER BUILDINGS CHALLENGE.—The Sec- and construction, including environmental con- cies, as described in paragraph (4), to compose retary shall carry out a program to provide siderations, embodied energy and embodied car- an appropriately diverse set of smart buildings technical assistance for entities to set and bon in building materials, transportation of ma- based on size, type, and geographic location. achieve goals to improve energy efficiency, re- terials, and implications for final disposal and (B) INCLUSION OF COMMERCIALLY OPERATED duce greenhouse gas emissions and emissions of recycling; BUILDINGS.—In making selections under sub- other pollutants, and reduce embodied carbon in (ii) incorporate principles of resilient building paragraph (A), the Secretary may include build- commercial and residential buildings through design and construction through the consider- ings that are owned by the Federal Government the commercial application of relevant tools and ation of regional differences in— but are commercially operated. technologies. In carrying out this program, the (I) climate, season, temperature, and precipi- (3) TARGETS.—Not later than 18 months after Secretary shall— tation in consultation with the National Oce- the date of enactment of this Act, the Secretary (i) identify opportunities for optimizing energy anic and Atmospheric Administration; and shall establish targets for the number of smart efficiency, demand management, and increasing (II) fuel mix and energy production, including buildings to be commissioned and evaluated by emissions reductions in buildings to achieve net- through the development of vulnerability assess- key Federal agencies by 3 years and 6 years zero energy or energy-generating buildings, in- ments and analysis of building resilience for after the date of enactment of this Act. cluding through electrification; proposed building designs, building sites, or ex- (4) FEDERAL AGENCY DESCRIBED.—The key (ii) promote the commercial application of isting buildings; Federal agencies referred to paragraph (2)(A) emerging concepts and technologies in build- (iii) support research and development on the shall include buildings operated by— ings; use of various potential energy sources and dis- (A) the Department of the Army; (iii) share best practices from successful tributed generation to supply cooling, heating, (B) the Department of the Navy; projects; and and power for buildings, including integrated (C) the Department of the Air Force; (iv) ensure a diversity of entities receive tech- and adaptive control solutions that address tra- (D) the Department of Energy; nical assistance, including low-income and rural ditional building energy management and (E) the Department of the Interior; communities. emerging technologies, such as batteries, ther- (F) the Department of Veterans Affairs; and (B) BETTER BUILDINGS ACCELERATOR.—In car- mal storage, and combined heat and power, (G) the General Services Administration. rying out the program under subparagraph (A), compatible with all sizes of buildings; (5) REQUIREMENT.—In implementing the pro- the Secretary shall develop smart building accel- (iv) support the development and integration gram established under this subsection, the Sec- erators that will demonstrate innovative policies of technologies that enable low-emissions and retary shall leverage existing financing mecha- and approaches to accelerate the transition to energy-efficient or advanced buildings, such as nisms, including energy savings performance smart buildings in the public, institutional, lab- heating, ventilation, air-conditioning, and re- contracts, utility energy service contracts, and oratory, industrial, commercial, and residential frigeration systems and other appliances that annual appropriations. sectors, including in rural, low-income, and are cost-competitive over the life of the product (6) EVALUATION.—Using the guidelines of the multi-family housing. as compared to conventional technologies and Federal Energy Management Program relating (C) BUILDING AMERICA PROGRAM.—The Sec- that incorporate considerations of retrofitting to whole-building evaluation, measurement, and retary shall carry out a research, development, and ease of installation, using a whole-systems verification, the Secretary shall evaluate the and demonstration program on tools, tech- and whole-buildings approach; costs and benefits of the buildings selected nologies, and techniques to reduce energy use (v) support the development and integration under paragraph (2), including an identification and emissions in new and existing residential of cost-effective next-generation window and of— buildings, in partnership with industry entities. building envelope technologies that incorporate (A) which advanced building technologies— (2) RESEARCH AND DEVELOPMENT.— considerations of retrofitting and ease of instal- (i) are most cost-effective; and (A) IN GENERAL.—Not later than 180 days lation; (ii) show the most promise for— after the date of enactment of this Act, the Sec- (vi) support development of alternative work- (I) increasing building energy savings; retary shall establish a program of research, de- ing fluids and refrigerants for use in buildings (II) increasing service performance to building velopment, demonstration, and commercial ap- equipment to reduce their impact on climate occupants; plication to develop cost-effective tools, tech- change; and (vii) research methods to enhance comfort and (III) reducing environmental impacts; and nologies, and practices that reduce greenhouse (IV) establishing cybersecurity; and gas emissions or other pollutants from, increase health of individual occupants in buildings that (B) any other information the Secretary deter- the energy efficiency of, and increase beneficial also result in improved energy efficiency and mines to be appropriate. electrification of new and existing commercial emissions reductions, including indoor air pollution. (7) AWARDS.—The Secretary may expand and residential buildings, including retrofits (E) GRID-INTERACTIVE BUILDINGS.—As part of awards made under the Federal Energy Man- and electrification of existing buildings, rural the program established under subparagraph agement Program and the Better Building Chal- housing, low-income housing, multi-family (A), the Secretary shall support research and lenge to recognize specific agency achievements housing, and manufactured housing. development to enable components of commer- in accelerating the adoption of smart building (B) ENERGY EQUITY.—The Secretary shall cial and residential buildings to serve as dy- technologies. carry out research to identify barriers to and namic energy loads and energy resources to en- (c) SURVEY OF PRIVATE SECTOR SMART BUILD- strategies for expanding the use of low-emissions able smart building designs. In particular, the INGS.— and energy-efficient building technologies and Secretary shall focus on the development of— (1) SURVEY.—The Secretary shall conduct a appliances in the buildings where members of (i) advanced building energy management sys- survey of privately owned smart buildings frontline communities live and work. Research tems through the integration of sensors and ad- throughout the United States, including com- topics covered under this subparagraph may in- vanced control technologies and systems that mercial buildings, laboratory facilities, hos- clude— allow whole-building optimization and integra- pitals, multifamily residential buildings, and (i) barriers to the use of technologies devel- tion with other energy systems, including buildings owned by nonprofit organizations and oped under this subsection in rural, low-income, photovoltaics, electric vehicles, and energy stor- institutions of higher education. and multi-family housing; age technologies such as thermal storage; (2) SELECTION.—From among the smart build- (ii) causes of and solutions for inequitable en- (ii) cost-effective sensors that enable moni- ings surveyed under paragraph (1), the Sec- ergy costs in residential buildings based on race toring of building conditions and energy load, retary shall select not fewer than 1 building or class; and including, as appropriate, reporting energy use each from an appropriate range of building (iii) solutions that enable energy-efficient and forecasting energy needs; sizes, types, and geographic locations. homes while keeping housing affordable for low- (iii) improved analysis of data on the energy (3) EVALUATION.—Using the guidelines of the income communities. use of devices connected to buildings, including Federal Energy Management Program relating (C) NON-TECHNICAL BARRIERS.—The Secretary miscellaneous electric loads; to whole-building evaluation, measurement, and shall support research and analysis to identify (iv) advanced control technologies and sys- verification, the Secretary shall evaluate the non-technical barriers, and methods to address tems that enable flexible operation of building costs and benefits of the buildings selected such barriers, to enable greater use of tools and components and that are capable of coordi- under paragraph (2), including an identification technologies developed under this subsection in nating and executing energy control commands of— new and existing commercial and residential in response to signals from the electric grid; (A) which advanced building technologies and buildings, including rural housing, low-income (v) flexible building components capable of re- systems— housing, and multi-family housing. porting and modulating energy use in response (i) are most cost-effective; and (D) ADVANCED BUILDING CONSTRUCTION, DE- to control commands, as appropriate; (ii) show the most promise for— SIGN, AND RETROFITS.—As part of the program (vi) data analysis and communication proto- (I) increasing building energy savings; established under subparagraph (A), the Sec- cols to further systems integration, interoper- (II) increasing service performance to building retary shall support research and development ability, and automation; occupants; on technologies and methodologies to enable ad- (vii) building energy storage capabilities to (III) reducing environmental impacts; and vanced building design, construction tech- modulate peak and off-peak energy demand;

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00074 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4793 (viii) distributed energy resources at the Energy, including the Office of Electricity, the ‘‘(1) the State has implemented for such utility community- and building-level through localized Advanced Manufacturing Office, the Vehicle the standard concerned (or a comparable stand- electric grids; Technologies Office, the Geothermal Tech- ard); (ix) technologies to reduce energy use and nologies Office, and the Office of Cybersecurity, ‘‘(2) the State regulatory authority for such emissions in connected communities and neigh- Energy Security, and Emergency Response. State or relevant nonregulated electric utility borhoods located in a variety of climates, in- (e) REPORT.—Not later than 2 years after the has conducted a proceeding to consider imple- cluding by enabling transactive energy con- date of enactment of this Act, and every 2 years mentation of the standard concerned (or a com- cepts; and thereafter until a total of 3 reports have been parable standard) for such utility; or (x) cybersecurity practices that protect pri- made, the Secretary shall submit to the Com- ‘‘(3) the State legislature has voted on the im- vacy and personally identifiable information. mittee on Energy and Natural Resources of the plementation of such standard (or a comparable (F) MODELING AND DATA ANALYSIS.—As part Senate and the Committee on Energy and Com- standard) for such utility.’’. of the program established under subparagraph merce and the Committee on Science, Space, and (e) PRIOR AND PENDING PROCEEDINGS.—Sec- (A), the Secretary shall support the development Technology of the House of Representatives a tion 124 of the Public Utility Regulatory Policies of building models, including for the design and report on— Act of 1978 (16 U.S.C. 2634) is amended by add- operation of buildings, and the analysis of rel- (1) the establishment of the Federal Smart ing at the end the following: ‘‘In the case of the evant data to enable smart buildings. In par- Building Program and the evaluation of Federal standard established by paragraph (20) of sec- ticular, the Secretary shall focus on the develop- smart buildings under subsection (b); tion 111(d), the reference contained in this sec- (2) the survey and evaluation of private sector ment of— tion to the date of the enactment of this Act smart buildings under subsection (c); and (i) advanced modeling capabilities that in- shall be deemed to be a reference to the date of (3) any recommendations of the Secretary to clude modeling of grid interactivity, resilience, enactment of such paragraph (20).’’. and relevant behavioral, community-scale, and further accelerate the transition to smart build- urban-scale activities in order to— ings. SEC. 2102. COORDINATION OF PROGRAMS. (I) provide system-level analysis of new tech- TITLE II—RENEWABLE ENERGY To the maximum extent practicable, the Sec- retary of Energy shall ensure that the funding nologies, including distributed generation and Subtitle A—Energy Storage storage; and administration of the different offices with- PART 1—CONSIDERATION OF ENERGY in the Grid Modernization Initiative of the De- (II) evaluate system benefits such as emissions STORAGE SYSTEMS reductions, community resilience, distribution partment of Energy and other programs con- grid reliability, and service to underserved com- SEC. 2101. CONSIDERATION OF ENERGY STORAGE ducting energy storage research are coordinated SYSTEMS. munities; and streamlined. (a) IN GENERAL.—Section 111(d) of the Public (III) provide data, derived from both simula- Utility Regulatory Policies Act of 1978 (16 U.S.C. PART 2—ENERGY STORAGE AND tion and demonstration projects established 2621(d)) is amended by adding at the end the MICROGRID PROJECTS under subparagraph (G), to inform decision sup- following: SEC. 2121. DEFINITIONS. port and new business models; and ‘‘(20) CONSIDERATION OF ENERGY STORAGE SYS- (ii) automated methods to generate models of (a) DEFINITIONS.—In this part: TEMS.—Each State shall consider requiring that, (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti- proposed or existing buildings; as part of a supply side resource planning proc- (iii) methods to address barriers, including ty’’ means— ess, an electric utility of the State demonstrate non-technical barriers, to commercial applica- (A) a rural electric cooperative; or to the State that the electric utility considered tion of building models for building operation; (B) a nonprofit organization working with at an investment in energy storage systems based (iv) methods to analyze data collected by tech- least 6 rural electric cooperatives. on appropriate factors, including— nologies in smart buildings and collections of ‘‘(A) total costs and normalized life cycle (2) ENERGY STORAGE.—The term ‘‘energy stor- buildings; costs; age’’ means the use of equipment or facilities re- (v) artificial intelligence and machine learn- ‘‘(B) cost effectiveness; lating to the electric grid that are capable of ab- ing approaches to building energy management; ‘‘(C) improved reliability; sorbing and converting energy, as applicable, and ‘‘(D) security; and storing the energy for a period of time, and dis- (vi) advanced data collection and monitoring ‘‘(E) system performance and efficiency.’’. patching the energy, that— methods for utilities at the building level and (b) TIME LIMITATIONS.—Section 112(b) of the (A) use mechanical, electrochemical, bio- component level. Public Utility Regulatory Policies Act of 1978 (16 chemical, or thermal processes, to convert and (G) DEMONSTRATION PROGRAM.—The Sec- U.S.C. 2622(b)) is amended by adding at the end store energy that was generated at an earlier retary shall establish a competitive grant pro- the following: time for use at a later time; gram for the demonstration of advanced build- ‘‘(7)(A) Not later than 1 year after the date of (B) use mechanical, electrochemical, bio- ing technologies and systems developed under enactment of this paragraph, each State regu- chemical, or thermal processes to convert and the program established under subparagraph latory authority (with respect to each electric store energy generated from mechanical proc- (A) that— utility for which the State regulatory authority esses that would otherwise be wasted for deliv- (i) focuses on a range of new and existing has ratemaking authority) and each nonregu- ery at a later time; or building types, including low-income housing, lated electric utility shall commence the consid- (C) convert and store energy in an electric, rural housing and agricultural buildings, multi- eration referred to in section 111, or set a hear- thermal, or gaseous state for direct use for heat- family residential buildings, manufactured ing date for consideration, with respect to the ing or cooling at a later time in a manner that housing, and small and medium-sized commer- standard established by paragraph (20) of sec- avoids the need to use electricity or other fuel cial buildings; and tion 111(d). sources at that later time, as is offered by grid- (ii) includes community-scale demonstration ‘‘(B) Not later than 2 years after the date of enabled water heaters. projects. enactment of this paragraph, each State regu- (3) ISLAND.—The term ‘‘island mode’’ means a (H) TESTING AND VALIDATION.—In carrying latory authority (with respect to each electric mode in which a distributed generator or energy out the program under subparagraph (A), the utility for which the State regulatory authority storage device continues to power a location in Secretary shall— has ratemaking authority), and each nonregu- the absence of electric power from the primary (i) support testing and validation activities to lated electric utility, shall complete the consid- source. improve the commercial application of relevant eration, and shall make the determination, re- (4) MICROGRID.—The term ‘‘microgrid’’ means tools, technologies, and methods, including the ferred to in section 111 with respect to the an interconnected system of loads and distrib- use of testbeds to determine cost savings and standard established by paragraph (20) of sec- uted energy resources, including generators and performance in realistic scenarios; and tion 111(d).’’. energy storage devices, within clearly defined (ii) support analysis, testing, and validation (c) FAILURE TO COMPLY.—Section 112(c) of electrical boundaries that— to accurately determine energy savings, emis- the Public Utility Regulatory Policies Act of sions reductions, cost-savings, and other poten- 1978 (16 U.S.C. 2622(c)) is amended by adding at (A) acts as a single controllable entity with re- tial impacts of the highest-performing appli- the end the following: ‘‘In the case of the stand- spect to the electric grid; and ances that are commercially available. ard established by paragraph (20) of section (B) can connect to, and disconnect from, the (I) PARTNERSHIPS.—In carrying out the activi- 111(d), the reference contained in this sub- electric grid to operate in both grid-connected ties authorized in this subsection, the Secretary section to the date of enactment of this Act shall mode and island mode. shall work with utilities, State and local energy be deemed to be a reference to the date of enact- (5) RENEWABLE ENERGY SOURCE.—The term offices, building owners, technology developers, ment of such paragraph (20).’’. ‘‘renewable energy source’’ has the meaning contractors, building developers, and other rel- (d) PRIOR STATE ACTIONS.—Section 112 of the given the term in section 609(a) of the Public evant entities to guide the focus areas of the ac- Public Utility Regulatory Policies Act of 1978 (16 Utility Regulatory Policies Act of 1978 (7 U.S.C. tivities of the program carried out under sub- U.S.C. 2622) is amended by adding at the end 918c(a)). paragraph (A) and to encourage the commercial the following: (6) RURAL ELECTRIC COOPERATIVE.—The term application of these technologies by building ‘‘(g) PRIOR STATE ACTIONS.—Subsections (b) ‘‘rural electric cooperative’’ means an electric owners, operators, developers, occupants, con- and (c) of this section shall not apply to the cooperative (as defined in section 3 of the Fed- tractors, or other relevant entities. standard established by paragraph (20) of sec- eral Power Act (16 U.S.C. 796)) that sells electric (J) COORDINATION.—In carrying out this sub- tion 111(d) in the case of any electric utility in energy to persons in rural areas. section, the Secretary shall coordinate across all a State if, before the enactment of this sub- (7) SECRETARY.—The term ‘‘Secretary’’ means relevant program offices at the Department of section— the Secretary of Energy.

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00075 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4794 CONGRESSIONAL RECORD — HOUSE September 23, 2020 SEC. 2122. ENERGY STORAGE AND MICROGRID AS- (C) understanding financing alternatives; Commission should be revised in light of the les- SISTANCE PROGRAM. (D) permitting and siting issues; sons learned from such reports; (a) IN GENERAL.—Not later than 180 days (E) obtaining case studies of similar and suc- (3) a determination of whether additional after the date of enactment of this Act, the Sec- cessful energy storage or microgrid projects; safety inspections of dams should be required retary shall establish a program under which (F) reviewing and obtaining computer soft- after large storms; the Secretary shall— ware for assessment, design, and operation and (4) a determination of whether the safety re- (1) provide grants to eligible entities under maintenance of energy storage or microgrid sys- quirements and testing protocols for dams ade- subsection (c); tems; and quately account for the projected effects of cli- (2) provide technical assistance to eligible en- (G) understanding and utilizing the reliability mate change and atmospheric rivers on dams; tities under subsection (d); and and resiliency benefits of energy storage and and (3) disseminate information to eligible entities microgrid projects. (5) a determination of whether additional ac- on— (2) EXTERNAL CONTRACTS.—In carrying out tions should be taken to ensure the safety of (A) the activities described in subsections paragraph (1), the Secretary may enter into con- dams that operate without an emergency spill- (c)(1) and (d); and tracts with third-party experts, including engi- way. (B) potential and existing energy storage and neering, finance, and insurance experts, to pro- SEC. 2203. DAM SAFETY CONDITIONS. microgrid projects. vide technical assistance to eligible entities re- Section 10 of the Federal Power Act (16 U.S.C. (b) COOPERATIVE AGREEMENT.—The Secretary lating to the activities described in such para- 803) is amended by adding at the end the fol- may enter into a cooperative agreement with an graph, or other relevant activities, as deter- lowing: eligible entity to carry out subsection (a). mined by the Secretary. ‘‘(k) That the dam and other project works (c) GRANTS.— SEC. 2123. AUTHORIZATION OF APPROPRIATIONS. meet the Commission’s dam safety requirements (1) IN GENERAL.—The Secretary shall award (a) IN GENERAL.—There is authorized to be and that the licensee shall continue to manage, grants to eligible entities for identifying, evalu- appropriated to carry out this part $5,000,000 for operate, and maintain the dam and other ating, designing, and demonstrating energy each of fiscal years 2021 through 2025. project works in a manner that ensures dam storage and microgrid projects that utilize en- (b) ADMINISTRATIVE COSTS.—Not more than 5 safety and public safety under the operating ergy from renewable energy sources. percent of the amount appropriated under sub- conditions of the license.’’. (2) APPLICATION.—To be eligible to receive a section (a) for each fiscal year shall be used for SEC. 2204. DAM SAFETY REQUIREMENTS. grant under paragraph (1), an eligible entity administrative expenses. shall submit to the Secretary an application at Section 15 of the Federal Power Act (16 U.S.C. such time, in such manner, and containing such Subtitle B—Dam Safety 808) is amended by adding at the end the fol- information as the Secretary may require. SEC. 2201. HYDROELECTRIC PRODUCTION INCEN- lowing: ‘‘(g) The Commission may issue a new license (3) USE OF GRANT.—An eligible entity that re- TIVES AND EFFICIENCY IMPROVE- ceives a grant under paragraph (1)— MENTS. under this section only if the Commission deter- (A) shall use the grant— (a) HYDROELECTRIC PRODUCTION INCEN- mines that the dam and other project works cov- (i) to conduct feasibility studies to assess the TIVES.—Section 242 of the Energy Policy Act of ered by the license meet the Commission’s dam potential for implementation or improvement of 2005 (42 U.S.C. 15881) is amended— safety requirements and that the licensee can energy storage or microgrid projects; (1) in subsection (b), by striking paragraph (1) continue to manage, operate, and maintain the (ii) to analyze and implement strategies to and inserting the following: dam and other project works in a manner that overcome barriers to energy storage or microgrid ‘‘(1) QUALIFIED HYDROELECTRIC FACILITY.— ensures dam safety and public safety under the project implementation, including financial, The term ‘qualified hydroelectric facility’ means operating conditions of the new license.’’. contracting, siting, and permitting barriers; a turbine or other generating device owned or SEC. 2205. VIABILITY PROCEDURES. (iii) to conduct detailed engineering of energy solely operated by a non-Federal entity— The Federal Energy Regulatory Commission storage or microgrid projects; ‘‘(A) that generates hydroelectric energy for shall establish procedures to assess the financial (iv) to perform a cost-benefit analysis with re- sale; and viability of an applicant for a license under the spect to an energy storage or microgrid project; ‘‘(B)(i) that is added to an existing dam or Federal Power Act to meet applicable dam safe- (v) to plan for both the short- and long-term conduit; or ty requirements and to operate the dam and inclusion of energy storage or microgrid projects ‘‘(ii)(I) that has a generating capacity of not project works under the license. into the future development plans of the eligible more than 10 megawatts; SEC. 2206. FERC DAM SAFETY TECHNICAL CON- entity; or ‘‘(II) for which the non-Federal entity has re- FERENCE WITH STATES. (vi) to purchase and install necessary equip- ceived a construction authorization from the (a) TECHNICAL CONFERENCE.—Not later than ment, materials, and supplies for demonstration Federal Energy Regulatory Commission, if ap- April 1, 2021, the Federal Energy Regulatory of emerging technologies; and plicable; and Commission, acting through the Office of En- (B) may use the grant to obtain technical as- ‘‘(III) that is constructed in a region in which ergy Projects, shall hold a technical conference sistance from experts in carrying out the activi- there is inadequate electric service, as deter- with the States to discuss and provide informa- ties described in subparagraph (A). mined by the Secretary.’’; tion on— (4) CONDITION.—As a condition of receiving a (2) in subsection (c), by striking ‘‘10’’ and in- (1) dam maintenance and repair; grant under paragraph (1), an eligible entity serting ‘‘22’’; (2) Risk Informed Decision Making (RIDM); shall— (3) in subsection (e)(2), by striking ‘‘section (3) climate and hydrological regional changes (A) implement a public awareness campaign, 29(d)(2)(B)’’ and inserting ‘‘section that may affect the structural integrity of dams; in coordination with the Secretary, about the 45K(d)(2)(B)’’; and project implemented under the grant in the com- (4) in subsection (f), by striking ‘‘20’’ and in- (4) high hazard dams. munity in which the eligible entity is located; serting ‘‘32’’; and (b) AUTHORIZATION OF APPROPRIATIONS.— (B) submit to the Secretary, and make avail- (5) in subsection (g), by striking ‘‘each of the There is authorized to be appropriated to carry able to the public, a report that describes— fiscal years 2006 through 2015’’ and inserting out this section $1,000,000 for fiscal year 2021. (i) any energy cost savings and environmental ‘‘each of fiscal years 2019 through 2036’’. (c) STATE DEFINED.—In this section, the term benefits achieved under the project; and (b) HYDROELECTRIC EFFICIENCY IMPROVE- ‘‘State’’ has the meaning given such term in sec- (ii) the results of the project, including quan- MENT.—Section 243(c) of the Energy Policy Act tion 3 of the Federal Power Act (16 U.S.C. 796). titative assessments to the extent practicable, as- of 2005 (42 U.S.C. 15882(c)) is amended by strik- SEC. 2207. REQUIRED DAM SAFETY COMMUNICA- sociated with each activity described in para- ing ‘‘each of the fiscal years 2006 through 2015’’ TIONS BETWEEN FERC AND STATES. graph (3)(A); and and inserting ‘‘each of fiscal years 2019 through (a) IN GENERAL.—The Commission, acting (C) create and disseminate tools and resources 2036’’. through the Office of Energy Projects, shall no- that will benefit other rural electric coopera- SEC. 2202. FERC BRIEFING ON EDENVILLE DAM tify a State within which a project is located tives, which may include cost calculators, guide- AND SANFORD DAM FAILURES. when— books, handbooks, templates, and training Not later than 90 days after the date on which (1) the Commission issues a finding, following courses. the Forensic Investigation Team submits to the a dam safety inspection, that requires the li- (5) COST-SHARE.—Activities under this sub- Federal Energy Regulatory Commission the re- censee for such project to take actions to repair section shall be subject to the cost-sharing reports on the root causes, and any other contrib- the dam and other project works that are the quirements of section 988 of the Energy Policy uting causes, of the Edenville Dam and Sanford subject of such finding; Act of 2005 (42 U.S.C. 16352). Dam failures, the Federal Energy Regulatory (2) after a period of 5 years starting on the (d) TECHNICAL ASSISTANCE.— Commission shall conduct a briefing for, and date a finding under paragraph (1) is issued, (1) IN GENERAL.—In carrying out the program submit a report summarizing such briefing to, the licensee has failed to take actions to repair established under subsection (a), the Secretary the Committee on Energy and Commerce of the the dam and other project works, as required by shall provide eligible entities with technical as- House of Representatives that includes— such finding; and sistance relating to— (1) an explanation of the findings of the Fo- (3) the Commission initiates a non-compliance (A) identifying opportunities for energy stor- rensic Investigation Team reports on the root proceeding or otherwise takes steps to revoke a age and microgrid projects; causes, and any other contributing causes, of license issued under section 4 of the Federal (B) understanding the technical and economic the Edenville Dam and Sanford Dam failures; Power Act (16 U.S.C. 797) due to the failure of characteristics of energy storage or microgrid (2) a determination of whether the dam safety a licensee to take actions to repair a dam and projects; procedures of the Federal Energy Regulatory other project works.

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(b) NOTICE UPON REVOCATION, SURRENDER, OR (C) to charge a plug-in electric drive vehicle at permitting, inspecting, or interconnecting quali- IMPLIED SURRENDER OF A LICENSE.—If the Com- a power rate of at least 2 kilowatts; fying distributed energy systems. mission issues an order to revoke a license or ap- (D) to refuel a fuel cell electric vehicle; or (d) FEE AUTHORITY.—The Board may assess prove the surrender or implied surrender of a li- (E) to store and discharge electricity from fuel fees for the provision of services by the Board in cense under the Federal Power Act (16 U.S.C. cell systems with a capacity of at least 2 kilo- amounts determined reasonable and appropriate 792 et seq.), the Commission shall provide to the watt hours. by the Board, including fees from participating State within which the project that relates to (5) SECRETARY.—The term ‘‘Secretary’’ means distributed energy system installers relating to such license is located— the Secretary of Energy. the activities of the Board described in sub- (1) all records pertaining to the structure and SEC. 2302. ESTABLISHMENT OR DESIGNATION OF section (c)(2). operation of the applicable dam and other THE DISTRIBUTED ENERGY OPPOR- (e) SUPPORT SERVICES.—The Secretary shall— project works, including, as applicable, any dam TUNITY BOARD. (1) provide technical assistance to the Board safety inspection reports by independent con- (a) IN GENERAL.—Not later than 180 days in carrying out the activities described in sub- sultants, specifications for required repairs or after the date of enactment of this Act, the Sec- section (c)(2); and maintenance of such dam and other project retary, in consultation with trade associations (2) provide such financial assistance to the works that have not been completed, and esti- and other entities representing distributed en- Board as the Secretary determines to be appro- mates of the costs for such repairs or mainte- ergy system installers and organizations rep- priate from any funds appropriated to carry out nance; resenting State, local, and Tribal governments this subtitle. (2) all records documenting the history of engaged in permitting, shall establish or des- SEC. 2303. DISTRIBUTED ENERGY OPPORTUNITY maintenance or repair work for the applicable ignate a nonprofit corporation, to be known as COMMUNITIES. dam and other project works; the ‘‘Distributed Energy Opportunity Board’’, (a) IN GENERAL.—The Secretary shall recog- (3) information on the age of the dam and to carry out a program to streamline the process nize and certify certain communities as ‘‘Dis- other project works and the hazard classifica- for local permitting and inspection of qualifying tributed Energy Opportunity Communities’’. tion of the dam and other project works; distributed energy systems. (b) QUALIFICATIONS.—The Secretary may cer- (4) the most recent assessment of the condition (b) COMPOSITION.—The Board shall include tify a State, local community, or Tribe as a of the dam and other project works by the Com- representatives from— ‘‘Distributed Energy Opportunity Community’’ mission; (1) relevant Federal agencies, or organizations if that State, local community, or Tribe has (5) as applicable, the most recent hydrologic that represent those agencies; adopted and implemented the model expedited information used to determine the potential (2) State, local, and Tribal governments, or or- permit-to-build protocol established by the maximum flood for the dam and other project ganizations that represent those governments; Board. works; and (3) distributed energy generation companies; (c) PROCESS.—The Secretary may confer a cer- (6) the results of the most recent risk assess- (4) battery storage companies; tification under subsection (a) through existing ment completed on the dam and other project (5) associations that represent the distributed programs of the Department of Energy. works. energy generation and battery storage industry; (d) GRANTS.—The Secretary may award com- (c) DEFINITION.—In this section: (6) building code agencies and organizations, petitive grants, using funds appropriated to the (1) COMMISSION.—The term ‘‘Commission’’ including a model energy code-setting organiza- Secretary to carry out this subtitle, to encourage means the Federal Energy Regulatory Commis- tion; communities to adopt the model expedited per- sion. (7) other codes and standards organizations; mit-to-build protocol and standardized inspec- (2) LICENSEE.—The term ‘‘licensee’’ has the and tion processes established by the Board. meaning given such term in section 3 of the Fed- (8) fuel cell system companies. SEC. 2304. AUTHORIZATION OF APPROPRIATIONS. eral Power Act (16 U.S.C. 796). (c) PURPOSE AND ACTIVITIES OF THE BOARD.— (3) PROJECT.—The term ‘‘project’’ has the (1) PURPOSE.—The purpose of the Board is to There is authorized to be appropriated to the meaning given such term in section 3 of the Fed- establish a voluntary program for facilitating— Secretary to carry out this subtitle $20,000,000 eral Power Act (16 U.S.C. 796). (A) streamlined permitting processes of quali- for each of fiscal years 2021 through 2025. Subtitle C—Distributed Renewable Energy fying distributed energy systems; and Subtitle D—Low-income Solar SEC. 2301. DEFINITIONS. (B) certification of distributed energy system SEC. 2401. GRANT PROGRAM FOR SOLAR INSTAL- In this subtitle: installers. LATIONS LOCATED IN, OR THAT (2) ACTIVITIES.—The Board shall— SERVE, LOW-INCOME AND UNDER- (1) AUTHORITY HAVING JURISDICTION.—The SERVED AREAS. term ‘‘authority having jurisdiction’’ means any (A) develop and maintain a streamlined per- (a) DEFINITIONS.—In this section: State, county, local, or Tribal office or official mitting process, such as a national online per- (1) BENEFICIARY.—The term ‘‘beneficiary’’ with jurisdiction— mitting system and technology platform for ex- means a low-income household or a low-income (A) to issue permits; pediting, standardizing, and streamlining per- (B) to conduct inspections to enforce the re- mitting, that authorities having jurisdiction household in an underserved area. quirements of a relevant code or standard; or may use, at the discretion of those authorities, (2) COMMUNITY SOLAR FACILITY.—The term (C) to approve the installation of, or the to receive, review, and approve permit applica- ‘‘community solar facility’’ means a solar gener- equipment and materials used in the installation tions relating to qualifying distributed energy ating facility that— of, qualifying distributed energy systems. systems; (A) through a voluntary program, has mul- (2) BOARD.—The term ‘‘Board’’ means the (B) establish a model expedited permit-to-build tiple subscribers that receive financial benefits Distributed Energy Opportunity Board estab- protocol for qualifying distributed energy sys- that are directly attributable to the facility; lished or designated under section 2302(a). tems; (B) has a nameplate rating of 5 megawatts AC (3) DISTRIBUTED ENERGY SYSTEM INSTALLER.— (C) provide technical assistance to authorities or less; and The term ‘‘distributed energy system installer’’ having jurisdiction on using and adopting— (C) is located in the utility distribution service means an entity or individual— (i) the streamlined permitting process de- territory of subscribers. (A) with knowledge and skills relating to— scribed in subparagraph (A); and (3) COMMUNITY SOLAR SUBSCRIPTION.—The (i) the construction and operation of the (ii) the model expedited permit-to-build pro- term ‘‘community solar subscription’’ means a equipment used in qualifying distributed energy tocol described in subparagraph (B); share in the capacity, or a proportional interest systems; and (D)(i) investigate the development of vol- in the electricity generation, of a community (ii) the installation of qualifying distributed untary national certifications for distributed en- solar facility. energy systems; and ergy system installers and qualifying distributed (4) COVERED FACILITY.—The term ‘‘covered fa- (B) that has employed safety training to rec- energy systems; and cility’’ means— ognize and avoid the hazards involved in con- (ii) if the Board determines that the national (A) a community solar facility— structing, operating, and installing qualifying certifications would expedite and streamline the (i) that is located in an underserved area; or distributed energy systems. permitting and inspection process, develop the (ii) at least 50 percent of the capacity of (4) QUALIFYING DISTRIBUTED ENERGY SYS- voluntary national certifications; which is reserved for low-income households; TEM.—The term ‘‘qualifying distributed energy (E) develop and maintain a voluntary na- (B) a solar generating facility located at a res- system’’ means any equipment or materials in- tional inspection protocol integrated with the idence of a low-income household; or stalled in, on, or near a residential, commercial, national online permitting system described in (C) a solar generating facility located at a or industrial building to support onsite or local subparagraphs (A) and (B) and related tools to multi-family affordable housing complex. energy use, including— expedite, standardize, and streamline the in- (5) COVERED STATE.—The term ‘‘covered (A) to generate electricity from distributed re- spection of qualifying distributed energy sys- State’’ means a State with processes in place to newable energy sources, including from— tems, including— ensure that covered facilities deliver financial (i) solar photovoltaic modules or similar solar (i) by investigating the potential for using re- benefits to low-income households. energy technologies; mote inspections; and (6) ELIGIBLE ENTITY.—The term ‘‘eligible enti- (ii) wind power systems; and (ii) by investigating the potential for sample- ty’’ means— (iii) hydrogen electrolysis and fuel cell sys- based inspection for distributed energy system (A) a nonprofit organization that provides tems; installers with a demonstrated track record of services to low-income households or multi-fam- (B) to store and discharge electricity from bat- high-quality work; and ily affordable housing complexes; teries with a capacity of at least 2 kilowatt (F) take any other action to expedite, stand- (B) a developer, owner, or operator of a com- hours; ardize, streamline, or improve the process for munity solar facility that reserves a portion of

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the capacity of the facility for subscribers who (16) PROGRAM.—The term ‘‘program’’ means (ii) eligible installation projects that will re- are members of low-income households or for the program established under subsection (b). sult in development of covered facilities in un- low-income households that otherwise finan- (17) SECRETARY.—The term ‘‘Secretary’’ means derserved areas; and cially benefit from the facility; the Secretary of Energy. (iii) eligible projects that include apprentice- (C) a covered State, or political subdivision (18) SOLAR GENERATING FACILITY.—The term ship, job training, or community participation thereof; ‘‘solar generating facility’’ means— as part of their application; and (D) an Indian Tribe or a tribally owned elec- (A) a generator that creates electricity from (B) ensure that such assistance is provided in tric utility; light photons; and a manner that results in eligible projects being (E) a Native Hawaiian community-based orga- (B) the accompanying hardware enabling that carried out on a geographically diverse basis nization; electricity to flow— within and among covered States. (F) any other national or regional entity that (i) onto the electric grid; (2) DETERMINATION OF FINANCIAL BENEFIT.— has experience developing or installing solar (ii) into a facility or structure; or In determining the amount of financial benefit (iii) into an energy storage device. generating facilities for low-income households for low-income households of an eligible instal- (19) STATE.—The term ‘‘State’’ means each of that maximize financial benefits to those house- lation project, the Secretary shall ensure that the 50 States, the District of Columbia, Guam, holds; and all calculations for estimated household energy the Commonwealth of Puerto Rico, the Northern (G) an electric cooperative or municipal elec- savings are based solely on electricity offsets Mariana Islands, the Virgin Islands, and Amer- tric utility (as such terms are defined in section from the applicable covered facility and use for- ican Samoa. 3 of the Federal Power Act). mulas established by the State or local govern- (20) SUBSCRIBER.—The term ‘‘subscriber’’ LIGIBLE INSTALLATION PROJECT.—The ment with jurisdiction over the applicable cov- (7) E means a person who— term ‘‘eligible installation project’’ means a (A) owns a community solar subscription, or ered facility for verifiable household energy sav- project to install a covered facility in a covered an equivalent unit or share of the capacity or ings estimates that accrue to low-income house- State. generation of a community solar facility; or holds. (8) ELIGIBLE PLANNING PROJECT.—The term (B) financially benefits from a community (e) ASSISTANCE.— (1) FORM.—The Secretary may provide assist- ‘‘eligible planning project’’ means a project to solar facility, even if the person does not own a ance under the program in the form of a grant carry out pre-installation activities for the de- community solar subscription for the facility. (which may be in the form of a rebate) or a low- velopment of a covered facility in a covered (21) UNDERSERVED AREA.—The term ‘‘under- State. served area’’ means— interest loan. (9) ELIGIBLE PROJECT.—The term ‘‘eligible (A) a geographical area with low or no photo- (2) MULTIPLE PROJECTS FOR SAME FACILITY.— (A) IN GENERAL.—An eligible entity may apply project’’ means— voltaic solar deployment, as determined by the for assistance under the program for an eligible (A) an eligible planning project; or Secretary; planning project and an eligible installation (B) an eligible installation project. (B) a geographical area that has low or no ac- project for the same covered facility. (10) FEASIBILITY STUDY.—The term ‘‘feasibility cess to electricity, as determined by the Sec- (B) SEPARATE SELECTIONS.—Selection by the study’’ means any activity to determine the fea- retary; Secretary for assistance under the program of sibility of a specific solar generating facility, in- (C) a geographical area with an average an- an eligible planning project does not require the cluding a customer interest assessment and a nual residential retail electricity price that ex- Secretary to select for assistance under the pro- siting assessment, as determined by the Sec- ceeds the national average annual residential gram an eligible installation project for the same retary. retail electricity price (as reported by the Energy covered facility. (11) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ Information Agency) by 50 percent or more; or (f) USE OF ASSISTANCE.— means any Indian Tribe, band, nation, or other (D) trust land, as defined in section 3765 of (1) ELIGIBLE PLANNING PROJECTS.—An eligible organized group or community, including any title 38, United States Code. entity receiving assistance for an eligible plan- Alaska Native village, Regional Corporation, or (b) ESTABLISHMENT.—The Secretary shall es- ning project under the program may use such Village Corporation (as defined in, or estab- tablish a program to provide financial assist- assistance to pay the costs of pre-installation lished pursuant to, the Alaska Native Claims ance to eligible entities to— activities associated with an applicable covered Settlement Act (43 U.S.C. 1601 et seq.)), that is (1) carry out planning projects that are necessary to establish the feasibility, obtain re- facility, including— recognized as eligible for the special programs (A) feasibility studies; and services provided by the United States to quired permits, identify beneficiaries, or secure (B) permitting; Indians because of their status as Indians. subscribers to install a covered facility; or (C) site assessment; (12) INTERCONNECTION SERVICE.—The term (2) install a covered facility for beneficiaries (D) on-site job training, or other community- ‘‘interconnection service’’ has the meaning in accordance with this section. based activities directly associated with the eli- given such term in section 111(d)(15) of the Pub- (c) APPLICATIONS.— gible planning project; or lic Utility Regulatory Policies Act of 1978 (16 (1) IN GENERAL.—To be eligible to receive as- (E) such other costs determined by the Sec- U.S.C. 2621(d)(15)). sistance under the program, an eligible entity retary to be appropriate. (13) LOW-INCOME HOUSEHOLD.—The term shall submit to the Secretary an application at (2) ELIGIBLE INSTALLATION PROJECTS.—An eli- ‘‘low-income household’’ means that income in such time, in such manner, and containing such gible entity receiving assistance for an eligible relation to family size which— information as the Secretary may require. installation project under the program may use (A) is at or below 200 percent of the poverty (2) INCLUSION FOR INSTALLATION ASSIST- such assistance to pay the costs of— level determined in accordance with criteria es- ANCE.— (A) installation of a covered facility, includ- (A) REQUIREMENTS.—For an eligible entity to tablished by the Director of the Office of Man- ing costs associated with materials, permitting, receive assistance for a project to install a cov- agement and Budget, except that the Secretary labor, or site preparation; ered facility, the Secretary shall require the eli- may establish a higher level if the Secretary de- (B) storage technology sited at a covered facil- gible entity to include— termines that such a higher level is necessary to ity; (i) information in the application that is suffi- carry out the purposes of this section; (C) interconnection service expenses; cient to demonstrate that the eligible entity has (B) is the basis on which cash assistance pay- (D) on-site job training, or other community- obtained, or has the capacity to obtain, nec- ments have been paid during the preceding 12- based activities directly associated with the eli- essary permits, subscribers, access to an instal- month period under titles IV and XVI of the So- gible installation project; lation site, and any other items or agreements (E) offsetting the cost of a subscription for a cial Security Act (42 U.S.C. 601 et seq., 1381 et necessary to comply with an agreement under covered facility described in subparagraph (A) seq.) or applicable State or local law; or subsection (g)(1) and to complete the installa- (C) if a State elects, is the basis for eligibility of subsection (a)(4) for subscribers that are tion of the applicable covered facility; for assistance under the Low-Income Home En- members of a low income household; or (ii) a description of the mechanism through (F) such other costs determined by the Sec- ergy Assistance Act of 1981 (42 U.S.C. 8621 et which financial benefits will be distributed to retary to be appropriate. seq.), provided that such basis is at least 200 beneficiaries or subscribers; and (g) ADMINISTRATION.— percent of the poverty level determined in ac- (iii) an estimate of the anticipated financial (1) AGREEMENTS.— cordance with criteria established by the Direc- benefit for beneficiaries or subscribers. (A) IN GENERAL.—As a condition of receiving tor of the Office of Management and Budget. (B) CONSIDERATION OF PLANNING PROJECTS.— assistance under the program, an eligible entity (14) MULTI-FAMILY AFFORDABLE HOUSING COM- The Secretary shall consider the successful com- shall enter into an agreement with the Sec- PLEX.—The term ‘‘multi-family affordable hous- pletion of an eligible planning project pursuant retary. ing complex’’ means any federally subsidized af- to subsection (b)(1) by the eligible entity to be (B) REQUIREMENTS.—An agreement entered fordable housing complex in which at least 50 sufficient to demonstrate the ability of the eligi- into under this paragraph— percent of the units are reserved for low-income ble entity to meet the requirements of subpara- (i) shall require the eligible entity to maintain households. graph (A)(i). such records and adopt such administrative (15) NATIVE HAWAIIAN COMMUNITY-BASED OR- (d) SELECTION.— practices as the Secretary may require to ensure GANIZATION.—The term ‘‘Native Hawaiian com- (1) IN GENERAL.—In selecting eligible projects compliance with the requirements of this section munity-based organization’’ means any organi- to receive assistance under the program, the and the agreement; zation that is composed primarily of Native Ha- Secretary shall— (ii) with respect to an eligible installation waiians from a specific community and that as- (A) prioritize— project shall require that any solar generating sists in the social, cultural, and educational de- (i) eligible installation projects that will result facility installed using assistance provided pur- velopment of Native Hawaiians in that commu- in the most financial benefit for subscribers, as suant to the agreement comply with local build- nity. determined by the Secretary; ing and safety codes and standards; and

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00078 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4797 (iii) shall contain such other terms as the Sec- and enter into contracts and cooperative agree- (16) Electrical grid integration, including— retary may require to ensure compliance with ments under this section, and sections 2503, (A) integration of solar technologies into the requirements of this section. 2504, and 2505 for each of the following pur- smart grid, transmission, and distribution; (C) TERM.—An agreement under this para- poses: (B) coordination of solar with other distrib- graph shall be for a term that begins on the date (1) To improve the energy efficiency, siting, uted and large-scale energy resources; on which the agreement is entered into and ends reliability, resilience, security, capacity, and en- (C) electrical power smoothing; on the date that is 2 years after the date on vironmental performance of solar energy genera- (D) microgrid integration; which the eligible entity receives assistance pur- tion. (E) community solar; suant to the agreement, which term may be ex- (2) To optimize the design and adaptability of (F) solar resource forecasting; tended once for a period of not more than 1 year solar energy systems to the broadest practical (G) regional and national electric system bal- if the eligible entity demonstrates to the satis- range of geographic and atmospheric conditions. ancing and long distance transmission options, faction of the Secretary that such an extension (3) To reduce the cost of manufacturing, in- including direct current and superconducting is necessary to complete the activities required stallation, operation, maintenance, and decom- transmission and long-term storage options; by the agreement. missioning of solar energy systems. (H) ways to address system operations over (2) USE OF FUNDS.—Of the funds made avail- (4) To create and improve conversion of solar minutes, hours, days, weeks, and seasons with able to provide assistance to eligible installation energy to useful forms. respect to the full range of project scales; and projects under this section over the period of fis- (b) GRANTS, CONTRACTS, AND COOPERATIVE (I) electric grid security, including cyber and cal years 2021 through 2025, the Secretary shall AGREEMENTS.— physical security. use— (1) GRANTS.—In carrying out the program es- (17) Non-hardware and information-based ad- (A) not less than 50 percent to provide assist- tablished under subsection (a), the Secretary vances in solar energy system siting, design, in- ance for eligible installation projects with re- shall award grants on a competitive, merit-re- stallation, operation, maintenance, and decom- spect to which low-income households make up viewed basis to eligible entities for projects that missioning. at least 50 percent of the subscribers to the the Secretary determines would best achieve the (18) Solar energy technology as a part of project; and goals of the program. strategies commonly referred to as ‘‘behind-the- (B) not more than 50 percent to provide assist- (2) CONTRACTS AND COOPERATIVE AGREE- meter strategies’’, including with respect to elec- ance for eligible installation projects with re- MENTS.—In carrying out the program estab- tricity generation, load, energy efficiency, con- spect to which low-income households make up lished under subsection (a), the Secretary may trols, storage, and electric vehicles. at least 25 percent of the subscribers to the enter into contracts and cooperative agreements (19) Methods to reduce the total volume of project. with eligible entities and Federal agencies for water used in the manufacture, construction, (3) REGULATIONS.—Not later than 120 days projects that the Secretary determines would operation, and maintenance of solar energy after the date of enactment of this Act, the Sec- further the purposes of the program. technologies. retary shall publish in the Federal Register reg- (3) APPLICATION.—An entity seeking a grant (20) Siting of solar energy on previously dis- ulations to carry out this section, which shall or a contract or agreement under this part shall turbed lands, including landfills, former mines, take effect on the date of publication. submit to the Secretary an application at such and other areas requiring environmental man- (h) AUTHORIZATION OF APPROPRIATIONS.— time, in such manner, and containing such in- agement. (1) IN GENERAL.—There is authorized to be ap- formation as the Secretary may require. (21) Other subject areas determined by the propriated to the Secretary to carry out this sec- (c) SOLAR ENERGY RESEARCH SUBJECT Secretary. tion $200,000,000 for each of fiscal years 2021 AREAS.—The program established under sub- (d) TECHNICAL ASSISTANCE AND WORKFORCE through 2025, to remain available until ex- section (a) shall focus on the research, develop- DEVELOPMENT.—In carrying out the program es- pended. ment, demonstration, and commercial applica- tablished under subsection (a), the Secretary (2) AMOUNTS FOR PLANNING PROJECTS.—Of the tion of each of the following subject areas: shall also conduct, for purposes of supporting amounts appropriated pursuant to this section (1) Photovoltaic devices and related electronic technical, non-hardware, and information- over the period of fiscal years 2021 through 2025, components, including converters, sensors, en- based advances in solar energy systems develop- the Secretary shall use not more than 15 percent ergy monitors, communication and control ment and operations, including activities ex- of funds to provide assistance to eligible plan- equipment, and protocols. panding access to solar energy for low-income ning projects. (2) Concentrated solar power, including solar and disadvantaged individuals and commu- (i) RELATIONSHIP TO OTHER ASSISTANCE.—The thermal and concentrating solar photovoltaic nities— Secretary shall, to the extent practicable, en- technologies. (1) technical assistance and analysis activities courage eligible entities that receive assistance (3) Low cost, high-quality solar energy sys- with eligible entities; and under this section to leverage such funds by tems. (2) workforce development and training activi- (4) Low cost, thin-film solar technologies, in- seeking additional funding through federally or ties, including— cluding the use of perovskite and cadmium tel- locally subsidized weatherization and energy ef- (A) activities that support the dissemination luride materials in solar cells. ficiency programs. of standards and best practices for enabling (5) Solar heating and cooling systems, includ- solar power production; and Subtitle E—Research and Development ing distributed solar-powered air conditioning. (B) through the use of proven techniques to PART 1—SOLAR ENERGY RESEARCH AND (6) Solar technology products that can be eas- expand the number of individuals from under- DEVELOPMENT ily integrated into new buildings, existing build- represented groups pursuing and attaining skills SEC. 2501. DEFINITIONS. ings, agricultural and aquatic environments, relevant to solar energy. In this part: and other infrastructure. (e) PROGRAM TARGETS.—The program estab- (1) The term ‘‘eligible entity’’ means any of (7) Solar technology that is resilient to ex- lished under subsection (a) shall address near- the following entities: treme weather events. term (up to 2 years), mid-term (up to 7 years), (8) Solar technology products integrated into (A) An institution of higher education. and long-term (up to 15 years) challenges to the (B) A National Laboratory. transportation applications in coordination advancement of solar energy systems. with vehicle technologies research and develop- (C) A Federal research agency. (f) SUSTAINABLE CHEMISTRY.—Each entity re- (D) A State research agency. ment activities supported by the Department of ceiving a grant, contract, or cooperative agree- (E) A nonprofit research organization. Energy. ment under this section shall endeavor, in car- (9) Storage technologies to address the tran- (F) An industrial entity or a multi-institu- rying out activities under such grant, contract, sience and intermittency of solar energy re- tional consortium thereof. or cooperative agreement, to incorporate, where sources, including batteries, supercapacitors, (2) The term ‘‘institution of higher education’’ appropriate, sustainable and green chemistry and thermal storage. has the meaning given such term in section 101 and engineering principles, practices, and meth- of the Higher Education Act of 1965 (20 U.S.C. (10) Microgrids using solar technology. (11) Solar technologies enabling safe grid op- odologies. 1001). (g) WILDLIFE IMPACT MITIGATION.—In car- erating conditions, such as fast-disconnect dur- (3) The term ‘‘National Laboratory’’ has the rying out the program established under sub- ing an emergency. meaning given such term in section 2(3) of the (12) Distributed solar energy technologies, section (a), the Secretary shall support wildlife Energy Policy Act of 2005 (42 U.S.C. 15801(3)). such as rooftop solar panels. impact mitigation technologies and strategies, (4) The term ‘‘photovoltaic device’’ includes (13) Technologies and designs that enable a including the use of distributed solar tech- photovoltaic cells and the electronic and elec- broad range of scales for solar power produc- nologies, to avoid, minimize, and offset the po- trical components of such devices. tion. tential negative impacts of solar energy systems (5) The term ‘‘Secretary’’ means the Secretary (14) Advanced solar manufacturing tech- on wildlife, including bird species, habitat, and of Energy. nologies and best practices, including— local flora and fauna. SEC. 2502. SOLAR ENERGY RESEARCH AND DE- (A) materials and processes; (h) STEWARDSHIP OF NATIONAL LABORATORY VELOPMENT. (B) development of industry standards; RESOURCES.—In awarding grants and entering (a) IN GENERAL.—The Secretary shall carry (C) design and integration practices; and into contracts and cooperative agreements under out a solar energy program to conduct research, (D) optimized packaging methods and new de- this part, the Secretary shall steward relevant development, demonstration, and commercial vice designs. capabilities and programs of the National Lab- application of solar energy technologies. In car- (15) Advanced analytic and computing capa- oratories. rying out such program, the Secretary shall, in bilities for better modeling and simulations of (i) CONFORMING REPEALS.—The following pro- accordance with subsection (b), award grants solar energy systems. visions of law are hereby repealed:

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00079 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4798 CONGRESSIONAL RECORD — HOUSE September 23, 2020 (1) The Solar Energy Research, Development, nially thereafter, the Secretary shall conduct a tion, and commercial application projects, in ac- and Demonstration Act of 1974 (42 U.S.C. 5551 et national solicitation for applications for grants cordance with section 2502(b), to advance inno- seq.), except for section 10. under this section. vative and practical approaches to increase (2) The Solar Photovoltaic Energy Research, SEC. 2504. NEXT GENERATION SOLAR ENERGY reuse and recycling of photovoltaic devices. Development, and Demonstration Act of 1978 (42 MANUFACTURING INITIATIVE. (b) PURPOSE.—The Secretary shall award U.S.C. 5581 et seq.). (a) IN GENERAL.—In carrying out the program grants and enter into contracts and cooperative (3) Paragraphs (2) and (3) of section 4(a) of established under section 2502(a), the Secretary agreements under subsection (a) for projects the Renewable Energy and Energy Efficiency shall conduct research, development, demonstra- that address— Technology Competitiveness Act of 1989 (42 tion, and commercial application projects, in ac- (1) technology to increase the efficiency of U.S.C. 12003(a)). cordance with section 2502(b), to advance new photovoltaic device recycling and maximize the (4) Subparagraph (A) of section 931(a)(2) of solar energy manufacturing technologies and recovery of valuable raw materials for use in new products while minimizing the life-cycle en- the Energy Policy Act of 2005 (42 U.S.C. techniques, including those that manufacture vironmental impacts such as greenhouse gas 16231(a)(2)). solar cells, hardware, and enabling devices. emissions and water usage; (5) Sections 606 and 607 of the Energy Inde- TRATEGIC VISION REPORT.— (b) S (2) expanded uses for materials from recycled pendence and Security Act of 2007 (42 U.S.C. (1) IN GENERAL.—Not later than September 1, 17174 and 17175). photovoltaic devices; 2021, the Secretary shall submit to the Com- (3) development and demonstration of envi- (j) CONFORMING AMENDMENT.—The table of mittee on Science, Space, and Technology of the contents in section 1 of the Energy Independ- ronmentally responsible alternatives to the use House of Representatives, the Committee on En- of hazardous materials in photovoltaic devices ence and Security Act of 2007 is amended by ergy and Natural Resources of the Senate, and striking the items relating to section 606 and 607. and the production of such devices; any other committees of Congress deemed appro- (4) development of methods to separate and re- SEC. 2503. SOLAR ENERGY DEMONSTRATION priate by the Secretary a report on the results of move hazardous materials from photovoltaic de- PROJECTS. a study that examines the viable market oppor- vices and to recycle or dispose of those materials (a) IN GENERAL.—In carrying out the program tunities available for solar energy technology in a safe and low-cost manner; established under section 2502(a), the Secretary manufacturing in the United States, including (5) product design and construction to facili- shall award grants on a competitive, merit-re- solar cells, hardware, and enabling tech- tate disassembly and recycling of photovoltaic viewed basis to eligible entities for demonstra- nologies. devices; tion projects to advance the development of (2) REPORT REQUIREMENTS.—The report under (6) tools and methods to aid in assessing the solar energy technologies and systems produc- paragraph (1) shall include— environmental impacts of the production of pho- tion. (A) a description of— tovoltaic devices and photovoltaic device recy- (b) PRIORITY.—In awarding grants under sub- (i) the ability to competitively manufacture cling and disposal; section (a), the Secretary shall give priority to solar technology in the United States, including (7) product design and construction and other projects that— the manufacture of— tools and techniques to extend the life cycle of (1) are located in geographically diverse re- (I) new and advanced materials, such as cells photovoltaic devices, including methods to pro- gions of the United States; made with new, cost-effective, high efficiency mote their safe reuse; and (2) can be replicated in a variety of regions materials; (8) strategies to increase consumer acceptance and climates; (II) solar module equipment and enabling and practice of recycling of photovoltaic de- (3) demonstrate technologies that address technologies, including smart inverters, sensors, vices. intermittency, variability, storage challenges, and tracking equipment; (c) APPLICATIONS.—An eligible entity seeking behind-the-meter operations, and independent (III) innovative solar module designs and ap- a grant, contract, or cooperative agreement operational capability; plications, including those that can directly in- under this section shall submit to the Secretary (4) coordinate solar technologies with other tegrate with new and existing buildings and an application that includes a description of— distributed and large-scale energy resources; (1) the project that will be undertaken and the other infrastructure; and (5) facilitate identification of optimum ap- contributions of each participating entity; and (IV) other research areas as determined by the proaches among competing solar energy tech- (2) the applicability of the project to increas- Secretary; and nologies; ing reuse and recycling of photovoltaic devices (ii) opportunities and barriers within the (6) include business commercialization plans with the least environmental impacts as meas- United States and international solar energy that have the potential for production of solar ured by life-cycle analyses, and the potential for technology supply chains; energy equipment at high volumes; incorporating the research results into industry (B) policy recommendations for enhancing (7) support the development of advanced man- practice. solar energy technology manufacturing in the ufacturing technologies that have the potential (d) DISSEMINATION OF RESULTS.—The Sec- United States; and to improve United States competitiveness in the retary shall publish the results of projects sup- (C) an aggressive 10-year target and plan, be- international solar energy manufacturing sec- ported under this section through— ginning in 2022, to enhance the competitiveness tor; (1) development of best practices or training (8) provide the greatest potential to reduce en- of solar energy technology manufacturing in the materials for use in the photovoltaics manufac- ergy costs, as well as promote accessibility and United States. turing, design, installation, refurbishing, dis- community implementation of demonstrated (c) PROGRAM IMPLEMENTATION.—In carrying posal, or recycling industries; technologies, for consumers; out the research, development, demonstration, (2) dissemination at industry conferences; (9) increase disclosure and transparency of in- and commercial application activities under this (3) coordination with information dissemina- formation to all market participants to help in section, to the extent practicable, the Secretary tion programs relating to recycling of electronic making optimal decisions; shall follow the recommendations included in devices in general; (4) demonstration projects; and (10) promote overall electric infrastructure re- the report under subsection (b) and award (5) educational materials for the public pro- liability, security, and resilience should grid grants and enter into contracts and cooperative duced in conjunction with State, Tribal, and functions be disrupted or damaged; agreements for solar energy manufacturing local governments or nonprofit organizations on (11) promote solar energy in low-income com- projects that— the problems and solutions related to reuse and munities and those disproportionately burdened (1) reduce capital expenditures or provide lower-cost manufacturing options; recycling of photovoltaic devices. by environmental pollution; and (e) PHOTOVOLTAIC MATERIALS PHYSICAL (12) satisfy any other criteria that the Sec- (2) eliminate manufacturing process steps; PROPERTY DATABASE.— retary determines appropriate. (3) reduce energy, water, and material inputs; (4) establish alternative supply chains for ma- (1) IN GENERAL.—Not later than September 1, (c) USE OF FUNDS.—Grants under this section 2022, the Secretary shall establish a comprehen- may be used, to the extent that funding is not terials and components; and (5) take advantage of rapid prototyping, small sive physical property database of materials for otherwise available through other Federal pro- use in photovoltaic devices. Such database shall grams or power purchase agreements, for— batch manufacturing, and roll-to-roll processing. include— (1) any necessary site engineering study; (A) identification of materials used in photo- (d) PROGRAM EVALUATION.—Beginning not (2) an economic assessment of site-specific voltaic devices; conditions; later than 3 years after the completion of the re- (B) a list of commercially available amounts of (3) appropriate feasibility studies to determine port under subsection (b), and every 4 years these materials and their country of origin; whether the demonstration can be replicated; thereafter, the Secretary shall provide, and (C) amounts of these materials projected to be (4) installation of equipment, service, and sup- make available to the public and the relevant available through mining or recycling of photo- port; authorizing and appropriations committees of voltaic and other electronic devices; and (5) operation for at least the minimum amount Congress, an independent review of the program (D) a list of other significant uses for each of of time required to fully assess the project’s reauthorized under this section to evaluate its these materials. sults and objectives, as determined by a peer-re- progress toward meeting the policy recommenda- (2) PRIORITIES.—Not later than September 1, viewed process; and tions and targets determined in the report. 2021, the Secretary, working with private indus- (6) validation of technical, economic, and en- SEC. 2505. PHOTOVOLTAIC DEVICE RECYCLING try, shall develop a plan to establish priorities vironmental assumptions and documentation of RESEARCH AND DEVELOPMENT. and requirements for the database under this lessons learned. (a) IN GENERAL.—In carrying out the program subsection, including the protection of propri- (d) SOLICITATION.—Not later than 90 days established under section 2502(a), the Secretary etary information, trade secrets, and other con- after the date of enactment of this Act and bien- shall conduct research, development, demonstra- fidential business information.

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(3) COORDINATION.—The Secretary shall co- shall submit to the Secretary an application at opment, demonstration, and commercial applica- ordinate with the Director of the National Insti- such time, in such manner, and containing such tion needs, including an estimate of Federal tute of Standards and Technology, the Adminis- information as the Secretary may require. funding requirements, to further examine and trator of the Environmental Protection Agency, (c) WIND ENERGY RESEARCH SUBJECT AREAS.— validate the technical and economic viability of and the Administrator of the Department of In- The program established under subsection (a) airborne wind energy concepts over the 10-year terior to facilitate the incorporation of the data- shall focus on the research, development, dem- period beginning on the date of the enactment base under this subsection with any existing onstration, and commercial application of each of this Act. database for materials involved in electronic of the following subject areas: (e) COORDINATION.—To the maximum extent manufacturing and recycling. (1) Wind power plant siting, performance, and practicable, the Secretary shall coordinate ac- SEC. 2506. AUTHORIZATION OF APPROPRIATIONS. operations including— tivities under the program established under There are authorized to be appropriated to the (A) wind flows and turbine-to-turbine inter- subsection (a) with other relevant programs and Secretary to carry out this part— actions; capabilities of the Department of Energy and (1) $294,000,000 for fiscal year 2021; (B) energy conversion potential; other Federal research programs. (2) $308,700,000 for fiscal year 2022; (C) turbine and wind plant control paradigms; (f) CONFORMING REPEALS.— (3) $324,135,000 for fiscal year 2023; (D) turbine and wind plant security; (1) Section 931(a)(2) of the Energy Policy Act (4) $340,341,750 for fiscal year 2024; and (E) turbine components; of 2005 (42 U.S.C. 16231(a)(2)) is amended by (5) $357,358,838 for fiscal year 2025. (F) integrated hybrid plant systems; striking subparagraph (B) and redesignating (G) wind energy siting and its effects on wild- PART 2—WIND ENERGY RESEARCH AND subparagraphs (C) through (E) as subpara- life and habitat; and DEVELOPMENT graphs (A) through (C). (H) siting of wind energy on previously dis- (2) Section 4(a) of the Renewable Energy and SEC. 2521. DEFINITIONS. turbed lands, including landfills, former mines, Energy Efficiency Technology Competitiveness In this section: and other areas requiring environmental man- Act of 1989 (42 U.S.C. 12003(a)) is amended by (1) The term ‘‘eligible entity’’ means any of agement. striking paragraph (1). the following entities: (2) New materials and designs related to (A) An institution of higher education. blades, rotors, towers and drivetrains includ- SEC. 2523. WIND ENERGY DEMONSTRATION AND (B) A National Laboratory. ing— VALIDATION PROJECTS. (C) A Federal research agency. (A) higher tip speed rotor designs; (a) IN GENERAL.—In carrying out the program (D) A State research agency. (B) low noise rotor designs; established under section 2522(a), the Secretary (E) A nonprofit research organization. (C) advanced drivetrain and generator con- shall award grants on a competitive, merit-re- (F) An industrial entity or a multi-institu- cepts; viewed basis to eligible entities to support activi- tional consortium thereof. (D) modular construction and onsite or near- ties that demonstrate and validate new wind en- (2) The term ‘‘institution of higher education’’ site manufacturing and assembly techniques; ergy technologies with the potential to be cost- has the meaning given such term in section 101 (E) sustainable and recyclable materials and competitive for land-based, offshore, and dis- of the Higher Education Act of 1965 (20 U.S.C. manufacturing systems; tributed applications. 1001). (F) supersized turbine design and installation (b) APPLICATION.—An eligible entity seeking a (3) The term ‘‘National Laboratory’’ has the approaches; and grant under this section shall submit an appli- meaning given such term in section 2(3) of the (G) lightweight materials. cation in such form and manner as the Sec- Energy Policy Act of 2005 (42 U.S.C. 15801(3)). (3) Offshore wind-specific projects including— retary may prescribe and that contains— (4) The term ‘‘supersized turbine’’ means a 12 (A) fixed and floating substructure concepts, (1) a certification that any demonstration or megawatt or greater wind turbine, typically including technologies and strategies to mini- validation project carried out using grant funds with a tower height greater than 140 meters and mize potential acoustic disturbances to marine are— blades greater than 75 meters. species; (A) conducted in collaboration with industry SEC. 2522. WIND ENERGY RESEARCH AND DEVEL- (B) projects to assess and mitigate the impacts and, as appropriate, with institutions of higher OPMENT. of hurricane wind flow, freshwater ice, and education and other Federal research programs; (a) IN GENERAL.—The Secretary of Energy (in other United States-specific conditions; and this part, referred to as the ‘‘Secretary’’) shall (C) innovative operations and maintenance (B) of sufficient size and geographic diversity carry out a program to conduct research, devel- strategies; to measure wind energy system performance opment, demonstration, and commercial applica- (D) analysis of offshore meteorological, geo- under the full productive range of wind condition of wind energy technologies. In carrying logical, biological, and oceanographic data col- tions in the United States; and out such program and in accordance with sub- lection; (2) such other information as the Secretary section (b), the Secretary shall award grants (E) offshore infrastructure monitoring; and may require. and enter into contracts and cooperative agree- (F) analysis of corrosion and fatigue for the (c) FACILITY FOR HYBRID ENERGY SYSTEM RE- ments under this section and sections 2523, 2524, purpose of extending the design life of offshore SEARCH AND DEMONSTRATION PROJECTS.—In car- and 2525 for each of the following purposes: wind turbine substructures. rying out the program established under sub- (1) To improve the energy efficiency, reli- (4) Recycling and reuse of wind energy com- section (a), the Secretary shall support a facility ability, resilience, security, and capacity of ponents. to conduct research, development, demonstra- wind energy generation. (5) Wind power forecasting and atmospheric tion, and commercial application projects for (2) To optimize the design and control of wind measurement systems, including for turbines wind turbines and plants in hybrid energy sys- energy systems for the broadest practical range and plant systems of varying height. tems that incorporate diverse generation of geographic and atmospheric conditions. (6) Distributed wind-specific projects, includ- sources, loads, and storage technologies. (3) To reduce the cost and risk of siting, per- ing— (d) OFFSHORE RESEARCH FACILITY.—In car- mitting, construction, operation, maintenance, (A) cost-effective turbine designs, components, rying out the program established under sub- and decommissioning of wind energy systems, and manufacturing; and section (a), the Secretary shall establish a facil- including strategies and technologies to reduce (B) microgrid applications. ity to conduct research, development, dem- environmental and community impacts, improve (7) Advanced transportation mechanisms for onstration, and commercial application projects grid integration, and reduce regulatory barriers. wind turbine components. for ocean and atmospheric resource character- (4) To improve materials, engineering, and (8) Transformational technologies for har- ization relevant to offshore wind energy devel- manufacturing processes for turbines, including nessing wind energy, including airborne wind opment in coordination with the ocean and at- supersized turbines. energy concepts. mospheric science communities. The facility (5) To optimize wind plant performance and (9) Methods to extend the operational lifetime shall be an offshore area used to evaluate, test, integration within hybrid energy systems to en- of onshore and offshore wind turbines and sys- and advance atmospheric, oceanic, biologic, and hance cost efficiency and electric grid stability tems. geologic monitoring technologies that improve and resilience. (10) Storage technologies to address the tran- offshore wind energy development, including (b) GRANTS, CONTRACTS, AND COOPERATIVE sience and intermittency of wind energy re- the generation of benchmark data sets for test- AGREEMENTS.— sources. (1) GRANTS.—In carrying out the program, the (11) Other research areas as determined by the ing offshore wind energy technologies and in- Secretary shall award grants on a competitive, Secretary. forming how such technologies can be financed, merit-reviewed basis to eligible entities for (d) REPORT.— insured, and regulated. projects that the Secretary determines would (1) IN GENERAL.—Not later than 180 days after (e) OFFSHORE SUPPORT STRUCTURE TESTING best achieve the goals of the program. the date of the enactment of this Act, the Sec- FACILITY.—In carrying out the program estab- (2) CONTRACTS AND COOPERATIVE AGREE- retary shall submit to the Committee on Science, lished under subsection (a), the Secretary shall MENTS.—In carrying out the program, the Sec- Space, and Technology of the House of Rep- create a facility to conduct research, develop- retary may enter into contracts and cooperative resentatives and the Committee on Energy and ment, demonstration, and commercial applica- agreements with eligible entities and Federal Natural Resources of the Senate a report on the tion projects for large-scale and full-scale off- agencies for projects that the Secretary deter- potential for, and technical viability of, air- shore wind energy support structure components mines would further the purposes of the pro- borne wind energy systems to provide a signifi- and systems. gram. cant source of energy in the United States. SEC. 2524. WIND ENERGY INCUBATOR FUNDING. (3) APPLICATION.—An entity seeking funding (2) CONTENTS.—The report under paragraph In carrying out the program established under or a contract or agreement under this subsection (1) shall include a summary of research, devel- section 2522(a), the Secretary shall support, in

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00081 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4800 CONGRESSIONAL RECORD — HOUSE September 23, 2020 accordance with section 2522(b), incubators ad- ‘‘(B) Insufficient contained geofluid in the ‘‘(3) support a program of research to compare vancing innovative technologies that are not heat reservoir. the potential environmental impacts and envi- represented in a significant way in— ‘‘(C) A low average geothermal gradient ronmental benefits identified as part of the de- (1) the portfolio of wind energy research ac- which necessitates deeper drilling, or the use of velopment, production, and use of geothermal tivities carried out by the Department of Energy alternative heat sources or heat generation energy with the potential emission reductions of as of the date of the enactment of this Act; or processes.’’; greenhouse gases gained by geothermal energy (2) technology roadmaps used by the Depart- (2) by redesignating paragraphs (2) through development, production, and use; and ment of Energy as of such date of enactment. (7) as paragraphs (3) through (8), respectively; ‘‘(4) in carrying out this section, the Secretary SEC. 2525. MITIGATING REGULATORY AND MAR- (3) by adding after paragraph (1) the fol- shall, to the maximum extent practicable, con- KET BARRIERS. lowing: sult with relevant federal agencies, including (a) IN GENERAL.—In carrying out the program ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible enti- the Environmental Protection Agency. established under section 2522(a), the Secretary ty’ means any of the following entities: ‘‘(c) RESERVOIR THERMAL ENERGY STORAGE.— shall research, develop, test, and evaluate, in ‘‘(A) An institution of higher education. The Secretary shall support a program of re- accordance with section 2522(b), ways to reduce ‘‘(B) A National laboratory. search, development, and demonstration of res- regulatory and market barriers to the wide- ‘‘(C) A Federal research agency. ervoir thermal energy storage, emphasizing cost- spread adoption of wind power, including— ‘‘(D) A State research agency. effective improvements through deep direct use (1) grid transmission and integration chal- ‘‘(E) A nonprofit research organization. engineering, design, and systems research. lenges; and ‘‘(F) An industrial entity. ‘‘(d) OIL AND GAS TECHNOLOGY TRANSFER INI- (2) siting and permitting issues associated ‘‘(G) A consortium of 2 or more entities de- TIATIVE.— with the potential impacts of wind power sys- scribed in subparagraphs (A) through (F).’’; and ‘‘(1) IN GENERAL.—The Secretary shall support tems on wildlife, radar systems, local commu- (4) by adding at the end the following: an initiative among the Office of Fossil Energy, nities, military operations, and airspace. ‘‘(9) INSTITUTION OF HIGHER EDUCATION.—The the Office of Energy Efficiency and Renewable (b) WILDLIFE IMPACT MITIGATION.—In car- term ‘institution of higher education’ has the Energy, and the private sector to research, de- rying out the activities described in subsection meaning given such term in section 101 of the velop, and demonstrate relevant advanced tech- (a), the Secretary shall support the research, de- Higher Education Act of 1965 (20 U.S.C 1001).’’. nologies and operation techniques used in the velopment, demonstration, and commercial ap- oil and gas sector for use in geothermal energy plication of wildlife impact mitigation tech- SEC. 2542. HYDROTHERMAL RESEARCH AND DE- VELOPMENT. development. nologies or strategies to avoid, minimize, and Section 613 of the Energy Independence and ‘‘(2) PRIORITIES.—In carrying out paragraph offset the potential impacts of wind energy fa- Security Act of 2007 (42 U.S.C. 17192) is amended (1), the Secretary shall prioritize technologies cilities on— to read as follows: with the greatest potential to significantly in- (1) bald and golden eagles; crease the use and lower the cost of geothermal (2) bat species; ‘‘SEC. 613. HYDROTHERMAL RESEARCH AND DE- energy in the United States, including the cost VELOPMENT. (3) marine wildlife; and and speed of geothermal drilling surface tech- (4) other sensitive species and habitats. ‘‘(a) IN GENERAL.—The Secretary shall carry nologies, and well construction. (c) EDUCATION AND OUTREACH.—In carrying out a program of research, development, dem- ‘‘(e) COPRODUCTION OF GEOTHERMAL ENERGY out the activities described in subsection (a), the onstration, and commercial application for geo- AND MINERALS PRODUCTION RESEARCH AND DE- Secretary shall support education and outreach thermal energy production from hydrothermal VELOPMENT INITIATIVE.— activities, with a focus on low-income and dis- systems. ‘‘(1) IN GENERAL.—The Secretary shall carry advantaged communities, to disseminate infor- ‘‘(b) PROGRAMS.—The program authorized in out a research and development initiative under mation and promote public understanding of subsection (a) shall include the following: which the Secretary shall award grants to dem- wind technologies and the wind energy work- ‘‘(1) ADVANCED HYDROTHERMAL RESOURCE onstrate the coproduction of critical minerals force, including through the Collegiate Wind TOOLS.—The research and development of ad- from geothermal resources. Competition. vanced geologic tools to assist in locating hydro- ‘‘(2) REQUIREMENTS.—An award made under (d) TECHNICAL ASSISTANCE AND WORKFORCE thermal resources, and to increase the reliability paragraph (1) shall— DEVELOPMENT.—In carrying out the program es- of site characterization, including the develop- ‘‘(A) improve the cost effectiveness of remov- tablished under section 2522(a), the Secretary ment of new imaging and sensing technologies ing minerals from geothermal brines as part of shall also conduct, for purposes of supporting and techniques to assist in prioritization of tar- the coproduction process; technical, non-hardware, and information based gets for characterization; ‘‘(B) increase recovery rates of the targeted advances in wind energy systems’ development ‘‘(2) EXPLORATORY DRILLING FOR GEOTHERMAL mineral commodity; and operation, including activities expanding RESOURCES.—The demonstration of advanced ‘‘(C) decrease water use and other environ- access to wind energy for low-income individ- technologies and techniques of siting and ex- mental impacts, as determined by the Secretary; uals and disadvantaged individuals and commu- ploratory drilling for undiscovered resources in and nities— a variety of geologic settings, carried out in col- ‘‘(D) demonstrate a path to commercial viabil- (1) technical assistance and analysis activities laboration with industry partners that will as- ity. with eligible entities; and sist in the acquisition of high quality data sets ‘‘(f) FLEXIBLE OPERATIONS.—The Secretary (2) workforce development and training activi- relevant for hydrothermal subsurface character- shall support a research initiative on flexible op- ties, including— ization activities.’’. eration of geothermal power plants. (A) activities that support the dissemination ‘‘(g) HYBRID ENERGY SYSTEMS.—The Secretary of standards and best practices for enabling SEC. 2543. GENERAL GEOTHERMAL SYSTEMS RE- SEARCH AND DEVELOPMENT. shall identify opportunities for joint research, wind power production; and Section 614 of the Energy Independence and development, and demonstration programs be- (B) through the use of proven techniques to tween geothermal systems and other energy gen- expand the number of individuals from under- Security Act of 2007 (42 U.S.C. 17193) is amended to read as follows: eration or storage systems.’’. represented groups pursuing and attaining skills SEC. 2544. ENHANCED GEOTHERMAL SYSTEMS relevant to wind energy. ‘‘SEC. 614. GENERAL GEOTHERMAL SYSTEMS RE- RESEARCH AND DEVELOPMENT. SEARCH AND DEVELOPMENT. SEC. 2526. AUTHORIZATION OF APPROPRIATIONS. Section 615 of the Energy Independence and There are authorized to be appropriated to the ‘‘(a) SUBSURFACE COMPONENTS AND SYS- Security Act of 2007 (42 U.S.C. 17194) is amended Secretary to carry out this part— TEMS.—The Secretary shall support a program to read as follows: of research, development, demonstration, and (1) $109,200,000 for fiscal year 2021; ‘‘SEC. 615. ENHANCED GEOTHERMAL SYSTEMS RE- (2) $114,660,000 for fiscal year 2022; commercial application of components and sys- SEARCH AND DEVELOPMENT. (3) $120,393,000 for fiscal year 2023; tems capable of withstanding geothermal envi- ‘‘(a) IN GENERAL.—The Secretary shall sup- (4) $126,412,650 for fiscal year 2024; and ronments and necessary to develop, produce, port a program of research, development, dem- (5) $132,733,282 for fiscal year 2025. and monitor geothermal reservoirs and produce onstration, and commercial application for en- PART 3—ADVANCED GEOTHERMAL geothermal energy. hanced geothermal systems, including the pro- RESEARCH AND DEVELOPMENT ‘‘(b) ENVIRONMENTAL IMPACTS.—The Sec- grams described in subsection (b). SEC. 2541. DEFINITIONS. retary shall— ‘‘(b) ENHANCED GEOTHERMAL SYSTEMS TECH- Section 612 of the Energy Independence and ‘‘(1) support a program of research, develop- NOLOGIES.—In collaboration with industry part- Security Act of 2007 (42 U.S.C. 17191) is amendment, demonstration, and commercial applica- ners, institutions of higher education, and the ed— tion of technologies and practices designed to national laboratories, the Secretary shall sup- (1) by amending paragraph (1) to read as fol- mitigate or preclude potential adverse environ- port a program of research, development, dem- lows: mental impacts of geothermal energy develop- onstration, and commercial application of the ‘‘(1) ENGINEERED.—When referring to en- ment, production or use; and technologies to achieve higher efficiency and hanced geothermal systems, the term ‘engi- ‘‘(2) support a research program to identify lower cost enhanced geothermal systems, includ- neered’ means designed to access subsurface potential environmental impacts, including ining— heat, including stimulation and nonstimulation duced seismicity, and environmental benefits of ‘‘(1) reservoir stimulation; technologies to address one or more of the fol- geothermal energy development, production, ‘‘(2) drilled, non-stimulated (e.g. closed-loop) lowing issues: and use, and ensure that the program described reservoir technologies; ‘‘(A) Lack of effective permeability, porosity in paragraph (1) addresses such impacts, includ- ‘‘(3) reservoir characterization, monitoring, or open fracture connectivity within the heat ing water use and effects on groundwater and and modeling and understanding of the surface reservoir. local hydrology; area and volume of fractures;

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‘‘(4) stress and fracture mapping including differing well orientations, and stimulation and ‘‘(3) ENVIRONMENTAL IMPACTS.—In carrying real time monitoring and modeling; nonstimulation mechanisms; and out the program, the Secretary shall identify ‘‘(5) tracer development; ‘‘(ii) to the extent practicable, use existing and mitigate potential environmental impacts in ‘‘(6) three and four-dimensional seismic imag- sites where subsurface characterization or geo- accordance with section 614(c). ing and tomography; thermal energy integration analysis has been ‘‘(d) GRANTS.— ‘‘(7) well placement and orientation; conducted. ‘‘(1) IN GENERAL.—The Secretary shall carry ‘‘(8) long-term reservoir management; ‘‘(C) EASTERN DEMONSTRATION.—Not fewer out the program established in subsection (c) by ‘‘(9) drilling technologies, methods, and tools; than 1 of the demonstration projects carried out making grants available to State, local, and ‘‘(10) improved exploration tools; under subparagraph (A) shall be located an Tribal governments, institutions of higher edu- ‘‘(11) zonal isolation; and area east of the Mississippi that is suitable for cation, nonprofit entities, National Labora- ‘‘(12) understanding induced seismicity risks enhanced geothermal demonstration for power, tories, utilities, and for-profit companies. from reservoir engineering and stimulation. heat, or a combination of power and heat.’’. ‘‘(2) PRIORITY.—In making grants under this ‘‘(c) FRONTIER OBSERVATORY FOR RESEARCH SEC. 2545. GEOTHERMAL HEAT PUMPS AND DI- subsection, the Secretary may give priority to IN GEOTHERMAL ENERGY.—The Secretary shall RECT USE. proposals that apply to large buildings, commer- support the establishment and construction of (a) IN GENERAL.—Title VI of the Energy Inde- cial districts, and residential communities that up to 3 field research sites, which shall each be pendence and Security Act of 2007 is amended are located in economically distressed areas and known as a ‘Frontier Observatory for Research by inserting after section 616 (42 U.S.C. 17195) areas that the Secretary determines to have high in Geothermal Energy’ or ‘FORGE’ site to de- the following: economic potential for geothermal district heat- velop, test, and enhance techniques and tools ‘‘SEC. 616A. GEOTHERMAL HEAT PUMPS AND DI- ing based on the report, ‘Geovision: Harnessing for enhanced geothermal energy. RECT USE RESEARCH AND DEVELOP- the Heat Beneath our Feet’ published by the ‘‘(1) DUTIES.—The Secretary shall— MENT. ‘‘(A) award grants in support of research and Department in 2019, or a successor report.’’. ‘‘(a) PURPOSES.—The purposes of this section (b) CONFORMING AMENDMENT.—Section 1(b) of development projects focused on advanced moni- are— toring technologies, new technologies and ap- the Energy Independence and Security Act of ‘‘(1) to improve the understanding of related 2007 (42 U.S.C. 17001 note) is amended in the proaches for implementing multi-zone stimula- earth sciences, components, processes, and sys- tions, nonstimulation techniques, and dynamic table of contents by inserting after the item re- tems used for geothermal heat pumps and the lating to section 616 the following: reservoir modeling that incorporates all avail- direct use of geothermal energy; and able high-fidelity characterization data; and ‘‘(2) to increase the energy efficiency, lower ‘‘616A. Geothermal heat pumps and direct use ‘‘(B) seek opportunities to coordinate efforts the cost, increase the use, and improve and dem- research and development.’’. and share information with domestic and inter- onstrate the effectiveness of geothermal heat SEC. 2546. COST SHARING AND PROPOSAL EVAL- national partners engaged in research and de- pumps and the direct use of geothermal energy. UATION. velopment of geothermal systems and related ‘‘(b) DEFINITIONS.—In this section: Section 617(b) of the Energy Independence technology, including coordination between ‘‘(1) DIRECT USE OF GEOTHERMAL ENERGY.— and Security Act of 2007 (42 U.S.C. 17196) is FORGE sites. The term ‘direct use of geothermal energy’ amended by striking paragraph (2) and redesig- ‘‘(2) SITE SELECTION.—Of the FORGE sites re- means geothermal systems that use water di- nating paragraphs (3) and (4) as paragraphs (2) ferred to in paragraph (1), the Secretary shall— rectly or through a heat exchanger to provide— and (3), respectively. ‘‘(A) consider applications through a competi- ‘‘(A) heating and cooling to buildings, com- SEC. 2547. ADVANCED GEOTHERMAL COMPUTING tive, merit-reviewed process, from National Lab- mercial districts, residential communities, and AND DATA SCIENCE RESEARCH AND oratories, multi-institutional collaborations, in- large municipal, or industrial projects; or DEVELOPMENT. stitutes of higher education and other appro- ‘‘(B) heat required for industrial processes, (a) IN GENERAL.—Section 618 of the Energy priate entities best suited to provide national agriculture, aquaculture, and other facilities. Independence and Security Act of 2007 (42 leadership on geothermal related issues and per- ‘‘(2) ECONOMICALLY DISTRESSED AREA.—The U.S.C. 17197) is amended to read as follows: form the duties enumerated under this sub- term ‘economically distressed area’ means an ‘‘SEC. 618. ADVANCED GEOTHERMAL COMPUTING section; and area described in section 301(a) of the Public AND DATA SCIENCE RESEARCH AND ‘‘(B) prioritize existing field sites and facilities Works and Economic Development Act of 1965 DEVELOPMENT. with capabilities relevant to the duties enumer- (42 U.S.C. 3161(a)). ‘‘(a) IN GENERAL.—The Secretary shall carry ated under this subsection. ‘‘(3) GEOTHERMAL HEAT PUMP.—The term ‘geo- out a program of research and development of ‘‘(3) EXISTING FORGE SITES.—A FORGE site al- thermal heat pump’ means a system that pro- advanced computing and data science tools for ready in existence on the date of enactment of vides heating and cooling by exchanging heat geothermal energy. this Act may continue to receive support. from shallow geology, groundwater, or surface ‘‘(b) PROGRAMS.—The program authorized in ‘‘(4) FUNDING.—Out of funds authorized to be water using— subsection (a) shall include the following: appropriated under section 623, there shall be ‘‘(A) a closed loop system, which transfers ‘‘(1) ADVANCED COMPUTING FOR GEOTHERMAL made available to the Secretary to carry out the heat by way of buried or immersed pipes that SYSTEMS TECHNOLOGIES.—Research, develop- FORGE activities under this paragraph— contain a mix of water and working fluid; or ment, and demonstration of technologies to de- ‘‘(A) $45,000,000 for fiscal year 2021; ‘‘(B) an open loop system, which circulates velop advanced data, machine learning, artifi- ‘‘(B) $55,000,000 for fiscal year 2022; ground or surface water directly into the build- cial intelligence, and related computing tools to ‘‘(C) $65,000,000 for fiscal year 2023; ing and returns the water to the same aquifer or assist in locating geothermal resources, to in- ‘‘(D) $70,000,000 for fiscal year 2024; and surface water source. crease the reliability of site characterization, to ‘‘(E) $70,000,000 for fiscal year 2025. ‘‘(c) PROGRAM.— increase the rate and efficiency of drilling, to In carrying out this section, the Secretary shall ‘‘(1) IN GENERAL.—The Secretary shall support improve induced seismicity mitigation, and to consider the balance between funds dedicated to within the Geothermal Technologies Office a support enhanced geothermal systems tech- construction and operations and research activi- program of research, development, and dem- nologies. ties to reflect the state of site development. onstration for geothermal heat pumps and the ‘‘(2) GEOTHERMAL SYSTEMS RESERVOIR MOD- ‘‘(d) ENHANCED GEOTHERMAL SYSTEMS DEM- direct use of geothermal energy. ELING.—Research, development, and demonstra- ONSTRATIONS.— ‘‘(2) AREAS.—The program under paragraph tion of models of geothermal reservoir perform- ‘‘(1) IN GENERAL.—Beginning on the date of (1) may include research, development, dem- ance and enhanced geothermal systems reservoir enactment of this section, the Secretary, in col- onstration, and commercial application of— stimulation technologies and techniques, with laboration with industry partners, institutions ‘‘(A) geothermal ground loop efficiency im- an emphasis on accurately modeling fluid and of higher education, and the national labora- provements, cost reductions, and improved in- heat flow, permeability evolution, geomechanics, tories, shall support an initiative for demonstra- stallation and operations methods; geochemistry, seismicity, and operational per- tion of enhanced geothermal systems for power ‘‘(B) the use of geothermal energy for build- formance over time, including collaboration production or direct use. ing-scale energy storage; with industry and field validation. ‘‘(2) PROJECTS.— ‘‘(C) the use of geothermal energy as a grid ‘‘(c) COORDINATION.—In carrying out these ‘‘(A) IN GENERAL.—Under the initiative de- management resource or seasonal energy stor- programs, the Secretary shall ensure coordina- scribed in paragraph (1), demonstration projects age; tion and consultation with the Department of shall be carried out in locations that are com- ‘‘(D) geothermal heat pump efficiency im- Energy’s Office of Science. The Secretary shall mercially viable for enhanced geothermal sys- provements; tems development, while also considering envi- ‘‘(E) the use of alternative fluids as a heat ex- ensure, to the maximum extent practicable, co- ronmental impacts to the maximum extent prac- change medium, such as hot water found in ordination of these activities with the Depart- ticable, as determined by the Secretary. mines and mine shafts, graywater, or other ment of Energy National Laboratories, institutes of higher education, and the private sector.’’. ‘‘(B) REQUIREMENTS.—Demonstration projects fluids that may improve the economics of geo- under subparagraph (A) shall— thermal heat pumps; (b) CONFORMING AMENDMENT.—Section 1(b) of ‘‘(i) collectively demonstrate— ‘‘(F) heating of districts, neighborhoods, com- the Energy Independence and Security Act of ‘‘(I) different geologic settings, such as hot munities, large commercial or public buildings, 2007 (42 U.S.C. 17001 note) is amended in the sedimentary aquifers, layered geologic systems, and industrial and manufacturing facilities; table of contents by amending the item related supercritical systems, and basement rock sys- ‘‘(G) the use of low temperature groundwater to section 618 to read as follows: tems; and for direct use; and ‘‘Sec. 618. Advanced geothermal computing and ‘‘(II) a variety of development techniques, in- ‘‘(H) system integration of direct use with geo- data science research and devel- cluding open hole and cased hole completions, thermal electricity production. opment.’’.

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00083 Fmt 4634 Sfmt 6343 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4802 CONGRESSIONAL RECORD — HOUSE September 23, 2020 SEC. 2548. GEOTHERMAL WORKFORCE DEVELOP- ‘‘(3) $144,125,000 for fiscal year 2023; and commercial application of water power MENT. ‘‘(4) $150,500,000 for fiscal year 2024; and technologies in support of each of the following (a) IN GENERAL.—Section 619 of the Energy ‘‘(5) $151,875,000 for fiscal year 2025.’’. purposes: Independence and Security Act of 2007 (42 SEC. 2552. INTERNATIONAL GEOTHERMAL EN- ‘‘(1) To promote research, development, dem- U.S.C. 17198) is amended to read as follows: ERGY DEVELOPMENT. onstration, and commercial application of water ‘‘SEC. 619. GEOTHERMAL WORKFORCE DEVELOP- Section 624 of the Energy Independence and power generation technologies in order to in- MENT. Security Act of 2007 (42 U.S.C. 17203) is amend- crease capacity and reduce the cost of those ‘‘The Secretary shall support the development ed— technologies. of a geothermal energy workforce through a (1) by amending subsection (a) to read as fol- ‘‘(2) To promote research and development to program that— lows: improve the environmental impact of water ‘‘(1) facilitates collaboration between univer- ‘‘(a) IN GENERAL.—The Secretary of Energy, power technologies. sity students and researchers at the national in coordination with other appropriate Federal ‘‘(3) To provide grid reliability and resilience, laboratories; and and multilateral agencies (including the United including through technologies that facilitate ‘‘(2) prioritizes science in areas relevant to the States Agency for International Development) new market opportunities, such as ancillary mission of the Department through the applica- shall support collaborative efforts with inter- services, for water power. tion of geothermal energy tools and tech- national partners to promote the research, de- ‘‘(4) To promote the development of water nologies.’’. velopment, and demonstration of geothermal power technologies to improve economic growth (b) CONFORMING AMENDMENT.—Section 1(b) of technologies used to develop hydrothermal and and enhance cross-institutional foundational the Energy Independence and Security Act of enhanced geothermal system resources.’’; and workforce development in the water power sec- 2007 (42 U.S.C. 17001 note) is amended in the (2) by striking subsection (c). tor, including in coastal communities. table of contents by amending the item related SEC. 2553. REAUTHORIZATION OF HIGH COST RE- ‘‘SEC. 634. HYDROPOWER RESEARCH, DEVELOP- to section 619 to read as follows: GION GEOTHERMAL ENERGY GRANT MENT, AND DEMONSTRATION. PROGRAM. ‘‘Sec. 619. Geothermal workforce develop- ‘‘The Secretary shall conduct a program of re- Section 625 of the Energy Independence and ment.’’. search, development, demonstration, and com- Security Act of 2007 (42 U.S.C. 17204) is amend- mercial application for technologies that im- SEC. 2549. ORGANIZATION AND ADMINISTRATION ed— OF PROGRAMS. prove the capacity, efficiency, resilience, secu- (1) in subsection (a)(2), by inserting ‘‘ or rity, reliability, affordability, and environ- Section 621 of the Energy Independence and heat’’ after ‘‘electrical power’’; and mental impact, including potential cumulative Security Act of 2007 (42 U.S.C. 17200) is amended (2) by amending subsection (e) to read as fol- environmental impacts, of hydropower systems. to read as follows: lows: In carrying out such program, the Secretary ‘‘SEC. 621. ORGANIZATION AND ADMINISTRATION ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— shall prioritize activities designed to— OF PROGRAMS. Out of funds authorized under section 623, there ‘‘(1) develop technology for— ‘‘(a) EDUCATION AND OUTREACH.—In carrying is authorized to be appropriated to carry out ‘‘(A) non-powered dams, including aging and out the activities described in this subtitle, the this section $5,000,000 for each of fiscal years potentially hazardous dams; Secretary shall support education and outreach 2021 through 2025.’’. ‘‘(B) pumped storage; activities to disseminate information on geo- PART 4—WATER POWER RESEARCH AND ‘‘(C) constructed waterways; thermal energy technologies and the geothermal DEVELOPMENT ‘‘(D) new stream-reach development; energy workforce, including activities at the ‘‘(E) modular and small dams; Frontier Observatory for Research in Geo- SEC. 2561. WATER POWER RESEARCH AND DEVEL- ‘‘(F) increased operational flexibility; and OPMENT. thermal Energy site or sites. ‘‘(G) enhancement of relevant existing facili- (a) IN GENERAL.—Subtitle C of title VI of the ‘‘(b) TECHNICAL ASSISTANCE.—In carrying out ties; Energy Independence and Security Act of 2007 this subtitle, the Secretary shall also conduct ‘‘(2) develop new strategies and technologies, (42 U.S.C. 17211 et seq.) is amended to read as technical assistance and analysis activities with including analytical methods, physical and nu- follows: eligible entities for the purpose of supporting the merical tools, and advanced computing, as well commercial application of advances in geo- ‘‘Subtitle C—Water Power Research and as methods to validate such methods and tools, thermal energy systems development and oper- Development in order to— ations, which may include activities that sup- ‘‘SEC. 632. DEFINITIONS. ‘‘(A) extend the operational lifetime of hydro- port expanding access to advanced geothermal ‘‘In this subtitle: power systems and their physical structures, energy technologies for rural, Tribal, and low- ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti- while improving environmental impact, includ- income communities. ty’ means any of the following entities: ing potential cumulative environmental impacts; ‘‘(c) REPORT.—Every 5 years after the date of ‘‘(A) An institution of higher education. ‘‘(B) assist in device and system design, in- enactment of this section, the Secretary shall re- ‘‘(B) A National Laboratory. stallation, operation, and maintenance; and port to the Committee on Science and Tech- ‘‘(C) A Federal research agency. ‘‘(C) reduce costs, limit outages, and increase nology of the House of Representatives and the ‘‘(D) A State research agency. unit and plant efficiencies, including by exam- Committee on Energy and Natural Resources of ‘‘(E) A nonprofit research organization. ining the impact of changing water and elec- the Senate on advanced concepts and tech- ‘‘(F) An industrial entity or a multi-institu- tricity demand on hydropower generation, flexi- nologies to maximize the geothermal resource tional consortium thereof. bility, and provision of grid services; potential of the United States. ‘‘(2) INSTITUTION OF HIGHER EDUCATION.—The ‘‘(3) study, in conjunction with other relevant ‘‘(d) PROGRESS REPORTS.—Not later than 1 term ‘institution of higher education’ has the Federal agencies as appropriate, methods to im- year after the date of enactment of this section, meaning given such term in section 101 of the prove the hydropower licensing process, includ- and every 2 years thereafter, the Secretary shall Higher Education Act of 1965 (20 U.S.C. 1001). ing by compiling current and accepted best submit to the Committee on Science and Tech- ‘‘(3) MARINE ENERGY.—The term ‘marine en- practices, public comments, and methodologies nology of the House of Representatives and the ergy’ means energy from— to assess the full range of potential environ- Committee on Energy and Natural Resources of ‘‘(A) waves, tides, and currents in oceans, es- mental and economic impacts; the Senate a report on the results of projects un- tuaries, and tidal areas; ‘‘(4) identify opportunities for joint research, dertaken under this part and other such infor- ‘‘(B) free flowing water in rivers, lakes, development, and demonstration programs be- mation the Secretary considers appropriate.’’. streams, and man-made channels; tween hydropower systems, which may in- SEC. 2550. REPEALS. ‘‘(C) differentials in salinity and pressure gra- clude— (a) IN GENERAL.—Subtitle B of title VI of the dients; and ‘‘(A) pumped storage systems and other re- Energy Independence and Security Act of 2007 ‘‘(D) differentials in water temperature, in- newable energy systems; (42 U.S.C. 17191 et seq.) is amended by striking cluding ocean thermal energy conversion. ‘‘(B) small hydro facilities and other energy section 620. ‘‘(4) NATIONAL LABORATORY.—The term ‘Na- storage systems; tional Laboratory’ has the meaning given such (b) CONFORMING AMENDMENT.—Section 1(b) of ‘‘(C) other hybrid energy systems; the Energy Independence and Security Act of term in section 2(3) of the Energy Policy Act of ‘‘(D) small hydro facilities and critical infra- 2007 (42 U.S.C. 17001 note) is amended in the 2005 (42 U.S.C. 15801(3)). structure, including water infrastructure; and table of contents by striking the item related to ‘‘(5) WATER POWER.—The term ‘water power’ ‘‘(E) hydro facilities and responsive load tech- section 620. refers to hydropower, including conduit power, nologies, which may include smart buildings pumped storage, and marine energy tech- and city systems; SEC. 2551. AUTHORIZATION OF APPROPRIATIONS. nologies. ‘‘(5) improve the reliability of hydropower Section 623 of the Energy Independence and ‘‘(6) MICROGRID.—The term ‘microgrid’ has technologies, including during extreme weather Security Act of 2007 (42 U.S.C. 17202) is amended the meaning given such term in section 641 of events; to read as follows: the Energy Independence and Security Act of ‘‘(6) develop methods and technologies to im- ‘‘SEC. 623. AUTHORIZATION OF APPROPRIATIONS. 2007 (42 U.S.C. 17231). prove environmental impact, including potential ‘‘There are authorized to be appropriated to ‘‘SEC. 633. WATER POWER TECHNOLOGY RE- cumulative environmental impacts, of hydro- the Secretary to carry out the programs under SEARCH, DEVELOPMENT, AND DEM- power and pumped storage technologies, includ- this subtitle— ONSTRATION. ing potential impacts on wildlife, such as— ‘‘(1) $121,375,000 for fiscal year 2021; ‘‘The Secretary shall carry out a program to ‘‘(A) fisheries; ‘‘(2) $132,750,000 for fiscal year 2022; conduct research, development, demonstration, ‘‘(B) aquatic life and resources;

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‘‘(C) navigation of waterways; and ‘‘(B) accelerate the technological readiness ‘‘(1) IN GENERAL.—The Secretary, in consulta- ‘‘(D) upstream and downstream environ- and commercial application of such devices; tion with the Secretary of Transportation and mental conditions, including sediment move- ‘‘(3) address marine energy resource varia- the Secretary of Commerce, shall conduct a ment, water quality, and flow volumes; bility issues, including through the application study to examine opportunities for research and ‘‘(7) identify ways to increase power genera- of energy storage technologies; development in advanced marine energy tech- tion by— ‘‘(4) advance efficient and reliable integration nologies for non-power sector applications, in- ‘‘(A) diversifying plant configuration options; of marine energy with the electric grid, which cluding applications with respect to— ‘‘(B) improving pump-back efficiencies; may include smart building systems; ‘‘(A) the maritime transportation sector; ‘‘(C) investigating multi-phase systems; ‘‘(5) identify and study critical short-term and ‘‘(B) associated maritime energy infrastruc- ‘‘(D) developing, testing, and monitoring ad- long-term needs to maintaining a sustainable ture, including infrastructure that serves ports, vanced generators with faster cycling times, marine energy supply chain based in the United to improve system resilience and disaster recov- variable speeds, and improved efficiencies; States; ery; and ‘‘(6) increase the reliability, security, and re- ‘‘(E) developing, testing, and monitoring ad- ‘‘(C) enabling scientific missions at sea and in vanced turbines capable of improving environ- silience of marine energy technologies; ‘‘(7) validate the performance, reliability, extreme environments, including the Arctic. mental impact, including potential cumulative ‘‘(2) REPORT.—Not later than 1 year after the environmental impacts, including small turbine maintainability, and cost of marine energy device designs and system components in an oper- date of enactment of this Act, the Secretary designs; shall submit to the Committee on Energy and ‘‘(F) developing standardized powertrain com- ating environment; ‘‘(8) consider the protection of critical infra- Natural Resources of the Senate and the Com- ponents; structure, such as adequate separation between mittee on Science, Space, and Technology of the ‘‘(G) developing components with advanced House of Representatives a report that describes materials and manufacturing processes, includ- marine energy devices and submarine telecommunications cables, including through the the results of the study conducted under para- ing additive manufacturing; and graph (1). ‘‘(H) developing analytical tools that enable development of voluntary, consensus-based ‘‘SEC. 636. NATIONAL MARINE ENERGY CENTERS. hydropower to provide grid services that, standards for such purposes; ‘‘(9) identify opportunities for crosscutting re- ‘‘(a) IN GENERAL.—The Secretary shall award amongst other services, improve grid integration search, development, and demonstration pro- grants, each such grant up to $10,000,000 per of other energy sources; ‘‘(8) advance new pumped storage tech- grams between existing energy research pro- year, to institutions of higher education (or con- nologies, including— grams; sortia thereof) for— ‘‘(10) identify and improve, in conjunction ‘‘(A) systems with adjustable speed and other ‘‘(1) the continuation and expansion of the re- with the Secretary of Commerce, acting through new pumping and generating equipment de- search, development, demonstration, testing, the Under Secretary of Commerce for Oceans signs; and commercial application activities at the Na- and Atmosphere, and other relevant Federal ‘‘(B) modular systems; tional Marine Energy Centers (referred to in agencies as appropriate, the environmental im- ‘‘(C) alternative closed-loop systems, including this section as ‘Centers’) established as of Janu- pact, including potential cumulative environ- mines and quarries; and ary 1, 2020; and ‘‘(D) other innovative equipment and mate- mental impacts, of marine energy technologies, ‘‘(2) the establishment of new National Ma- rials as determined by the Secretary; including— rine Energy Centers. ‘‘(A) potential impacts on fisheries and other ‘‘(9) reduce civil works costs and construction ‘‘(b) LOCATION SELECTION.—In selecting insti- marine resources; and tutions of higher education for new Centers, the times for hydropower and pumped storage sys- ‘‘(B) developing technologies, including mech- tems, including comprehensive data and systems Secretary shall consider the following criteria: anisms for self-evaluation, and other means ‘‘(1) Whether the institution hosts an existing analysis of hydropower and pumped storage available for improving environmental impact, construction technologies and processes in order marine energy research and development pro- including potential cumulative environmental gram. to identify areas for whole-system efficiency impacts; gains; ‘‘(2) Whether the institution has proven tech- ‘‘(11) identify, in consultation with relevant nical expertise to support marine energy re- ‘‘(10) advance efficient and reliable integra- Federal agencies, potential navigational impacts tion of hydropower and pumped storage systems search. of marine energy technologies and strategies to ‘‘(3) Whether the institution has access to ma- with the electric grid by— prevent possible adverse impacts, in addition to ‘‘(A) improving methods for operational fore- rine resources. opportunities for marine energy systems to aid ‘‘(c) PURPOSES.—The Centers shall coordinate casting of renewable energy systems to identify the United States Coast Guard, such as remote opportunities for hydropower applications in among themselves, the Department, and Na- sensing for coastal border security; tional Laboratories to— pumped storage and hybrid energy systems, in- ‘‘(12) develop numerical and physical tools, ‘‘(1) advance research, development, dem- cluding forecasting of seasonal and annual en- including models and monitoring technologies, onstration, and commercial application of ma- ergy storage; to assist industry in device and system design, rine energy technologies in response to industry ‘‘(B) considering aggregating small distributed installation, operation, and maintenance, in- and commercial needs; hydropower assets; and cluding methods to validate such tools; ‘‘(C) identifying barriers to grid scale imple- ‘‘(13) support materials science as it relates to ‘‘(2) support in-water testing and demonstra- mentation of hydropower and pumped storage marine energy technology, such as the develop- tion of marine energy technologies, including technologies; ment of corrosive-resistant materials; facilities capable of testing— ‘‘(11) improve computational fluid dynamic ‘‘(14) improve marine energy resource fore- ‘‘(A) marine energy systems of various tech- modeling methods; casting and general understanding of aquatic nology readiness levels and scales; ‘‘(12) improve flow measurement methods, in- system behavior, including turbulence and ex- ‘‘(B) a variety of technologies in multiple test cluding maintenance of continuous flow meas- treme conditions; berths at a single location; urement equipment; ‘‘(15) develop metrics and voluntary, con- ‘‘(C) arrays of technology devices; and ‘‘(13) identify best methods for compiling data sensus-based standards, in coordination with ‘‘(D) interconnectivity to an electrical grid, on all hydropower resources and assets, includ- the National Institute of Standards and Tech- including microgrids; and ing identifying potential for increased capacity; nology and appropriate standard development ‘‘(3) collect and disseminate information on and organizations, for marine energy components, best practices in all areas relating to developing ‘‘(14) identify mechanisms to test and validate systems, and projects, including— and managing marine energy resources and en- performance of hydropower and pumped storage ‘‘(A) measuring performance of marine energy ergy systems. technologies. technologies; and ‘‘(d) COORDINATION.—To the extent prac- ‘‘SEC. 635. MARINE ENERGY RESEARCH, DEVELOP- ‘‘(B) characterizing environmental conditions; ticable, the Centers shall coordinate their activi- MENT, AND DEMONSTRATION. ‘‘(16) enhance integration with hybrid energy ties with the Secretary of Commerce, acting ‘‘(a) IN GENERAL.—The Secretary, in consulta- systems, including desalination; through the Undersecretary of Commerce for tion with the Department of Defense, Secretary ‘‘(17) identify opportunities to integrate ma- Oceans and Atmosphere, and other relevant of Commerce (acting through the Under Sec- rine energy technologies into new and existing Federal agencies. retary of Commerce for Oceans and Atmosphere) infrastructure; and ‘‘(e) TERMINATION.—To the extent otherwise ‘‘(18) to develop technology necessary to sup- and other relevant Federal agencies, shall con- authorized by law, the Secretary may terminate port the use of marine energy— duct a program of research, development, dem- funding for a Center described in paragraph (a) ‘‘(A) for the generation and storage of power if such Center is under-performing. onstration, and commercial application of ma- at sea; and rine energy technology, including activities to— ‘‘(B) for the generation and storage of power ‘‘SEC. 637. ORGANIZATION AND ADMINISTRATION OF PROGRAMS. ‘‘(1) assist technology development to improve to promote the resilience of coastal communities, the components, processes, and systems used for including in applications relating to— ‘‘(a) COORDINATION.—In carrying out this power generation from marine energy resources ‘‘(i) desalination; subtitle, the Secretary shall coordinate activi- at a variety of scales; ‘‘(ii) disaster recovery and resilience; and ties, and effectively manage cross-cutting re- ‘‘(2) establish and expand critical testing in- ‘‘(iii) community microgrids in isolated power search priorities across programs of the Depart- frastructure and facilities necessary to— systems. ment and other relevant Federal agencies, in- ‘‘(A) demonstrate and prove marine energy de- ‘‘(b) STUDY OF NON-POWER SECTOR APPLICA- cluding the National Laboratories and the Na- vices at a range of scales in a manner that is TIONS FOR ADVANCED MARINE ENERGY TECH- tional Marine Energy Centers. cost-effective and efficient; and NOLOGIES.— ‘‘(b) COLLABORATION.—

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‘‘(1) IN GENERAL.—In carrying out this sub- the most current strategic plan under subsection ing ‘‘marine energy (as defined in section 632 of title, the Secretary shall collaborate with indus- (g) and the progress made in implementing such the Energy Independence and Security Act of try, National Laboratories, other relevant Fed- plan. 2007)’’; and eral agencies, institutions of higher education, ‘‘SEC. 638. APPLICABILITY OF OTHER LAWS. (3) in subsection (e)(1), in the first sentence, including Minority Serving Institutions, Na- ‘‘Nothing in this subtitle shall be construed as by striking ‘‘ocean (including tidal, wave, cur- tional Marine Energy Centers, Tribal entities, waiving, modifying, or superseding the applica- rent, and thermal)’’ and inserting ‘‘marine en- including Alaska Native Corporations, and bility of any requirement under any environ- ergy (as defined in section 632 of the Energy international bodies with relevant scientific and mental or other Federal or State law. Independence and Security Act of 2007)’’. technical expertise. (c) RENEWABLE ENERGY AND ENERGY EFFI- ‘‘SEC. 639. AUTHORIZATION OF APPROPRIATIONS. ‘‘(2) PARTICIPATION.—To the extent prac- CIENCY TECHNOLOGY COMPETITIVENESS ACT OF ‘‘There are authorized to be appropriated to ticable, the Secretary shall encourage research 1989.—The Renewable Energy and Energy Effi- the Secretary to carry out this subtitle— projects that promote collaboration between en- ciency Technology Competitiveness Act of 1989 ‘‘(1) $152,750,000 for fiscal year 2021, including tities specified in paragraph (1) and include en- (42 U.S.C. 12001 et seq.) is amended— $112,580,000 for marine energy and $40,170,000 tities not historically associated with National (1) in section 4 (42 U.S.C. 12003)— for hydropower research, development, and Marine Energy Centers, such as Minority Serv- (A) in subsection (a)(5), by striking ‘‘Ocean’’ demonstration activities; ing Institutions. and inserting ‘‘Marine’’; and ‘‘(3) INTERNATIONAL COLLABORATION.—The ‘‘(2) $157,678,300 for fiscal year 2022, including (B) in subsection (c), in the matter preceding Secretary of Energy, in coordination with other $116,303,200 for marine energy and $41,375,100 paragraph (1), by striking ‘‘Ocean’’ and insert- appropriate Federal and multilateral agencies for hydropower research, development, and ing ‘‘Marine’’; and (including the United States Agency for Inter- demonstration activities; (2) in section 9(c) (42 U.S.C. 12006(c)), by national Development) shall support collabo- ‘‘(3) $162,791,915 for fiscal year 2023, including striking ‘‘ocean,’’ and inserting ‘‘marine,’’. $120,175,562 for marine energy and $42,616,353 rative efforts with international partners to pro- Subtitle F—Public Lands Renewable Energy for hydropower research, development, and mote the research, development, and demonstra- Development demonstration activities; tion of water power technologies used to develop SEC. 2601. DEFINITIONS. hydropower, pump storage, and marine energy ‘‘(4) $168,098,139 for fiscal year 2024, including $124,203,295 for marine energy and $43,894,844 In this subtitle: resources. (1) COVERED LAND.—The term ‘‘covered land’’ ‘‘(c) DISSEMINATION OF RESULTS AND PUBLIC for hydropower research, development, and demonstration activities; and means land that is— AVAILABILITY.—The Secretary shall— (A) public lands administered by the Sec- ‘‘(1) publish the results of projects supported ‘‘(5) $173,604,558 for fiscal year 2025, including $128,392,869 for marine energy and $45,211,689 retary; and under this subtitle through Department (B) not excluded from the development of geo- for hydropower research, development, and websites, reports, databases, training materials, thermal, solar, or wind energy under— demonstration activities.’’. and industry conferences, including information (i) a land use plan established under the Fed- (b) CONFORMING TABLE OF CONTENTS AMEND- discovered after the completion of such projects, eral Land Policy and Management Act of 1976 MENT.—The table of contents for the Energy withholding any industrial proprietary informa- (43 U.S.C. 1701 et seq.); or tion; and Independence and Security Act of 2007 is (ii) other Federal law. ‘‘(2) share results of such projects with the amended by striking the items relating to sub- (2) EXCLUSION AREA.—The term ‘‘exclusion public except to the extent that the information title C of title VI and inserting the following: area’’ means covered land that is identified by is protected from disclosure under section 552(b) ‘‘Subtitle C—Water Power Research and the Bureau of Land Management as not suit- of title 5, United States Code. Development able for development of renewable energy ‘‘(d) AWARD FREQUENCY.—The Secretary shall ‘‘Sec. 632. Definitions. projects. solicit applications for awards under this sub- ‘‘Sec. 633. Water power technology research, (3) FEDERAL LAND.—The term ‘‘Federal land’’ title no less frequently than once per fiscal year. development, and demonstration. means public lands. ‘‘(e) EDUCATION AND OUTREACH.—In carrying ‘‘Sec. 634. Hydropower research, development, (4) FUND.—The term ‘‘Fund’’ means the Re- out the activities described in this subtitle, the and demonstration. newable Energy Resource Conservation Fund Secretary shall support education and outreach ‘‘Sec. 635. Marine energy research, develop- established by section 2608(c)(1). activities to disseminate information and pro- ment, and demonstration. (5) PRIORITY AREA.—The term ‘‘priority area’’ mote public understanding of water power tech- ‘‘Sec. 636. National Marine Energy Centers. means covered land identified by the land use nologies and the water power workforce, includ- ‘‘Sec. 637. Organization and administration of planning process of the Bureau of Land Man- ing activities at the National Marine Energy programs. agement as being a preferred location for a re- Centers. ‘‘Sec. 638. Applicability of other laws. newable energy project, including a designated ‘‘(f) TECHNICAL ASSISTANCE AND WORKFORCE ‘‘Sec. 639. Authorization of appropriations.’’. leasing area (as defined in section 2801.5(b) of DEVELOPMENT.—In carrying out this subtitle, title 43, Code of Federal Regulations (or a suc- SEC. 2562. CONFORMING AMENDMENTS. the Secretary may also conduct, for purposes of cessor regulation)) that is identified under the (a) ENERGY POLICY ACT OF 2005.—The Energy supporting technical, non-hardware, and infor- rule of the Bureau of Land Management enti- Policy Act of 2005 (42 U.S.C. 15801 et seq.) is mation-based advances in water power systems tled ‘‘Competitive Processes, Terms, and Condi- amended— development and operations— tions for Leasing Public Lands for Solar and (1) in section 201(a), by striking ‘‘ocean (in- ‘‘(1) technical assistance and analysis activi- Wind Energy Development and Technical cluding tidal, wave, current, and thermal)’’ and ties with eligible entities, including activities Changes and Corrections’’ (81 Fed. Reg. 92122 inserting ‘‘marine’’; that support expanding access to advanced (December 19, 2016)) (or a successor regulation). (2) in section 203(b)(2), by— water power technologies for rural, Tribal, and (6) PUBLIC LANDS.—The term ‘‘public lands’’ low-income communities; and (A) inserting ‘‘marine energy (as defined in has the meaning given that term in section 103 ‘‘(2) workforce development and training ac- section 632 of the Energy Independence and Se- of the Federal Land Policy and Management tivities, including to support the dissemination curity Act of 2007) or’’ before ‘‘electric energy’’; Act of 1976 (43 U.S.C. 1702). of standards and best practices for enabling and (7) RENEWABLE ENERGY PROJECT.—The term water power production. (B) by striking ‘‘ocean (including tidal, wave, ‘‘renewable energy project’’ means a project car- ‘‘(g) STRATEGIC PLAN.—In carrying out the current, and thermal)’’; ried out on covered land that uses wind, solar, activities described in this subtitle, the Secretary (3) in section 931(a)(2)(E)(i), by striking or geothermal energy to generate energy. shall— ‘‘ocean energy, including wave energy’’ and in- (8) SECRETARY.—The term ‘‘Secretary’’ means ‘‘(1) not later than one year after the date of serting ‘‘marine energy (as defined in section 632 the Secretary of the Interior. the enactment of the Clean Economy Jobs and of the Energy Independence and Security Act of (9) VARIANCE AREA.—The term ‘‘variance Innovation Act, draft a plan, considering input 2007)’’; and area’’ means covered land that is— from relevant stakeholders such as industry and (4) in section 1833(a), by striking ‘‘ocean en- (A) not an exclusion area; academia, to implement the programs described ergy resources (including tidal, wave, and ther- (B) not a priority area; and in this subtitle and update the plan on an an- mal energy)’’ and inserting ‘‘marine energy re- (C) identified by the Secretary as potentially nual basis; and sources (within the meaning of section 632 of the available for renewable energy development and ‘‘(2) the plan shall address near-term (up to 2 Energy Independence and Security Act of could be approved without a plan amendment, years), mid-term (up to 7 years), and long-term 2007)’’. consistent with the principles of multiple use (as (up to 15 years) challenges to the advancement (b) ENERGY POLICY ACT OF 1992.—Section 1212 that term is defined in the Federal Land Policy of water power systems. of the Energy Policy Act of 1992 (42 U.S.C. and Management Act of 1976 (43 U.S.C. 1701 et ‘‘(h) REPORT TO CONGRESS.—Not later than 1 13317) is amended— seq.)). year after the date of the enactment of the (1) in subsection (a)(4)(A)(i), by striking SEC. 2602. LAND USE PLANNING; SUPPLEMENTS Clean Economy Jobs and Innovation Act, and at ‘‘ocean (including tidal, wave, current, and TO PROGRAMMATIC ENVIRON- least once every 2 years thereafter, the Secretary thermal)’’ and inserting ‘‘marine energy (as de- MENTAL IMPACT STATEMENTS. shall provide, and make available to the public fined in section 632 of the Energy Independence (a) PRIORITY AREAS.— and the relevant authorizing and appropria- and Security Act of 2007)’’; (1) IN GENERAL.—The Secretary, in consulta- tions committees of Congress, a report on the (2) in subsection (b), in the matter preceding tion with the Secretary of Energy, shall estab- findings of research conducted and activities paragraph (1), by striking ‘‘ocean (including lish priority areas on covered land for geo- carried out pursuant to this subtitle, including tidal, wave, current, and thermal)’’ and insert- thermal, solar, and wind energy projects.

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00086 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4805 Projects located in those priority areas shall be (3) consistent with section 202 of the Federal merly known as section 106 of the National His- given the highest priority for review, and shall Land Policy and Management Act of 1976 (43 toric Preservation Act); be offered the opportunity to participate in any U.S.C. 1712), including subsection (c)(9) of that (H) the Bald and Golden Eagle Protection Act regional mitigation plan developed for the rel- section (43 U.S.C. 1712(c)(9)). (16 U.S.C. 668 through 668d); and evant priority areas. SEC. 2603. ENVIRONMENTAL REVIEW ON COV- (I) section 100101(a), chapter 1003, and sec- (2) DEADLINE.— ERED LAND. tions 100751(a), 100752, 100753 and 102101 of title (A) GEOTHERMAL ENERGY.—For geothermal (a) IN GENERAL.—If the Secretary determines 54 , United States Code (previously known as energy, the Secretary shall establish priority that a proposed renewable energy project has the ‘‘National Park Service Organic Act’’). areas as soon as practicable, but not later than been sufficiently analyzed by a programmatic (2) DUTIES.—Each employee assigned under 5 years, after the date of the enactment of this environmental impact statement conducted paragraph (1) shall— Act. under section 2602(d), the Secretary shall not re- (A) be responsible for addressing all issues re- (B) SOLAR ENERGY.—For solar energy, solar quire any additional review under the National lating to the jurisdiction of the home office or Designated Leasing Areas, including the solar Environmental Policy Act of 1969 (42 U.S.C. 4321 agency of the employee; and energy zones established by the 2012 western et seq.). The Secretary shall publish any such (B) participate as part of the team of per- solar plan of the Bureau of Land Management project determinations on a publicly available sonnel working on proposed energy projects, and any subsequent land use plan amendments, website. planning, monitoring, inspection, enforcement, shall be considered to be priority areas for solar (b) ADDITIONAL ENVIRONMENTAL REVIEW.—If and environmental analyses. energy projects. The Secretary shall establish the Secretary determines that additional envi- (d) ADDITIONAL PERSONNEL.—The Secretary additional solar priority areas as soon as prac- ronmental review under the National Environ- may assign such additional personnel for the ticable, but not later than 3 years, after the date mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) Bureau of Land Management Renewable En- of the enactment of this Act. is necessary for a proposed renewable energy ergy Coordination Offices as are necessary to (C) WIND ENERGY.—For wind energy, the Sec- project, the Secretary shall rely on the analysis ensure the effective implementation of any pro- retary shall establish additional wind priority in the programmatic environmental impact grams administered by the offices in accordance areas as soon as practicable, but not later than statement conducted under section 2602(d), to with the multiple use mandate of the Federal 3 years, after the date of the enactment of this the maximum extent practicable when analyzing Land Policy and Management Act of 1976 (43 Act. (b) VARIANCE AREAS.—To the maximum extent the potential impacts of the project. U.S.C. 1701 et seq.). practicable, variance areas shall be considered (c) RELATIONSHIP TO OTHER LAW.—Nothing in (e) CLARIFICATION OF EXISTING AUTHORITY.— for renewable energy project development, con- this section modifies or supersedes any require- Under section 307 of the Federal Land Policy sistent with the principles of multiple use (as de- ment under applicable law. and Management Act of 1976 (43 U.S.C. 1737), fined in the Federal Land Policy and Manage- SEC. 2604. PROGRAM TO IMPROVE RENEWABLE the Bureau of Land Management may— ment Act of 1976 (43 U.S.C. 1701 et seq.)). ENERGY PROJECT PERMIT COORDI- (1) accept donations for the purposes of public NATION. (c) REVIEW AND MODIFICATION.—Not less than lands management; and once every 5 years, the Secretary shall— (a) ESTABLISHMENT.—The Secretary shall es- (2) accept donations from renewable energy (1) review the adequacy of land allocations for tablish a national Renewable Energy Coordina- companies working on public lands to help cover geothermal, solar, and wind energy priority and tion Office and State, district, or field offices the costs of environmental reviews. variance areas for the purpose of encouraging with responsibility to establish and implement a (f) REPORT TO CONGRESS.— new renewable energy development opportuni- program to improve Federal permit coordination (1) IN GENERAL.—Not later than February 1 of ties; and with respect to renewable energy projects on the first fiscal year beginning after the date of (2) based on the review carried out under covered land and other activities deemed nec- the enactment of this Act, and each February 1 paragraph (1), add, modify, or eliminate pri- essary by the Secretary. In carrying out the pro- thereafter, the Secretary shall submit to the ority, variance, and exclusion areas. gram, the Secretary may temporarily assign Committee on Energy and Natural Resources of (d) COMPLIANCE WITH THE NATIONAL ENVI- qualified staff to Renewable Energy Coordina- the Senate and the Committee on Natural Re- RONMENTAL POLICY ACT.—For purposes of this tion Offices to expedite the permitting of renew- sources of the House of Representatives a report section, compliance with the National Environ- able energy projects. describing the progress made under the program mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (b) MEMORANDUM OF UNDERSTANDING.— established under subsection (a) during the pre- shall be accomplished— (1) IN GENERAL.—Not later than 180 days after ceding year. (1) for geothermal energy, by supplementing the date of the enactment of this Act, the Sec- (2) INCLUSIONS.—Each report under this sub- the October 2008 final programmatic environ- retary shall enter into a memorandum of under- section shall include— mental impact statement for geothermal leasing standing for purposes of this section, including (A) projections for renewable energy produc- in the Western United States and incorporating to specifically expedite the environmental anal- tion and capacity installations; and any additional regional analyses that have been ysis of applications for projects proposed in a (B) a description of any problems relating to completed by Federal agencies since the pro- variance area or a priority area, with the Sec- leasing, permitting, siting, or production. retary of Defense. grammatic environmental impact statement was SEC. 2605. INCREASING ECONOMIC CERTAINTY. finalized; (2) STATE AND TRIBAL PARTICIPATION.—The (a) CONSIDERATIONS.—The Secretary is au- (2) for solar energy, by supplementing the Secretary may request the Governor of any in- thorized to and shall consider acreage rental July 2012 final programmatic environmental im- terested State or any Tribal leader of any inter- rates, capacity fees, and other recurring annual pact statement for solar energy development and ested Indian Tribe (as defined in section 4 of the fees in total when evaluating existing rates paid incorporating any additional regional analyses Indian Self-Determination and Education As- for the use of Federal land by renewable energy that have been completed by Federal agencies sistance Act (25 U.S.C. 5304)) to be a signatory projects. since the programmatic environmental impact to the memorandum of understanding under (b) INCREASES IN BASE RENTAL RATES.—Once statement was finalized; and paragraph (1). a base rental rate is established upon the (3) for wind energy, by supplementing the (c) DESIGNATION OF QUALIFIED STAFF.— July 2005 final programmatic environmental im- (1) IN GENERAL.—Not later than 30 days after issuance of a right-of-way authorization, in- pact statement for wind energy development and the date on which the memorandum of under- creases in the base rent shall be limited to the incorporating any additional regional analyses standing under subsection (b) is executed, all Implicit Price Deflator–Gross Domestic Product that have been completed by Federal agencies Federal signatories, as appropriate, shall iden- (IPD–GDP) index for the entire term of the since the programmatic environmental impact tify for each of the Bureau of Land Manage- right-of-way authorization. statement was finalized. ment Renewable Energy Coordination Offices (c) REDUCTIONS IN BASE RENTAL RATES.—The (e) NO EFFECT ON PROCESSING APPLICA- one or more employees who have expertise in the Secretary is authorized to reduce acreage rental TIONS.—Any requirements to prepare a supple- regulatory issues relating to the office in which rates and capacity fees, or both, for existing and ment to a programmatic environmental impact the employee is employed, including, as applica- new wind and solar authorizations if the Sec- statement under this section shall not result in ble, particular expertise in— retary determines— any delay in processing a pending application (A) consultation regarding, and preparation (1) that the existing rates— for a renewable energy project. of, biological opinions under section 7 of the En- (A) exceed fair market value; (f) COORDINATION.—In developing a supple- dangered Species Act of 1973 (16 U.S.C. 1536); (B) impose economic hardships; ment required by this section, the Secretary (B) permits under section 404 of the Federal (C) limit commercial interest in a competitive shall coordinate, on an ongoing basis, with ap- Water Pollution Control Act (33 U.S.C. 1344); lease sale or right-of-way grant; or propriate State, Tribal, and local governments, (C) regulatory matters under the Clean Air (D) are not competitively priced compared to transmission infrastructure owners and opera- Act (42 U.S.C. 7401 et seq.); other available land; or tors, developers, and other appropriate entities (D) the Federal Land Policy and Management (2) that a reduced rental rate or capacity fee to ensure that priority areas identified by the Act of 1976 (43 U.S.C. 1701 et seq.); is necessary to promote the greatest use of wind Secretary are— (E) the Migratory Bird Treaty Act (16 U.S.C. and solar energy resources, especially those re- (1) economically viable (including having ac- 703 et seq.); sources inside priority areas. Rental rates and cess to existing and/or planned transmission (F) the preparation of analyses under the Na- capacity fees for projects that are within the lines); tional Environmental Policy Act of 1969 (42 boundaries of a Designated Leasing Area but (2) likely to avoid or minimize impacts to habi- U.S.C. 4321 et seq.); not formally recognized as being in such an tat for animals and plants, recreation, cultural (G) implementation of the requirements of sec- area shall be equivalent to rents and fees for resources, and other uses of covered land; and tion 306108 of title 54, United States Code (for- new leases inside of a Designated Leasing Area.

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RENEWABLE ENERGY GOAL. noncompetitive lease under this section to the (1) in subsection (a)— The Secretary shall seek to issue permits that, qualified lessee at the fair market value per (A) by striking paragraph (2) and inserting in total, authorize production of not less than 25 acre, if— the following: gigawatts of electricity from wind, solar, and ‘‘(i) the area of qualified Federal land— ‘‘(2) Decreasing the cost of emissions control geothermal energy projects by not later than ‘‘(I) consists of not less than 1 acre and not technologies for fossil energy production, gen- 2025, through management of public lands and more than 640 acres; and eration, and delivery.’’; administration of Federal laws. ‘‘(II) is not already leased under this Act or (B) by striking paragraph (7) and inserting SEC. 2607. FACILITATION OF COPRODUCTION OF nominated to be leased under subsection (a); the following: GEOTHERMAL ENERGY ON OIL AND ‘‘(ii) the qualified lessee has not previously re- ‘‘(7) Increasing the export of emissions control GAS LEASES. ceived a noncompetitive lease under this para- technologies from the United States for fossil en- Section 4(b) of the Geothermal Steam Act of graph in connection with the valid discovery for ergy-related equipment, technology, and serv- 1970 (30 U.S.C. 1003(b)) is amended by adding at which data has been submitted under clause ices.’’; and the end the following: (iii)(I); and (C) by adding at the end the following: ‘‘(4) LAND SUBJECT TO OIL AND GAS LEASE.— ‘‘(iii) sufficient geological and other technical ‘‘(8) Improving the conversion, use, and stor- Land under an oil and gas lease issued pursu- data prepared by a qualified geothermal profes- age of carbon oxides. ant to the Mineral Leasing Act (30 U.S.C. 181 et sional has been submitted by the qualified lessee ‘‘(9) Lowering greenhouse gas emissions for all seq.) or the Mineral Leasing Act for Acquired to the applicable Federal land management fossil fuel production, generation, delivery, and Lands (30 U.S.C. 351 et seq.) that is subject to agency that would lead individuals who are ex- utilization, to the maximum extent possible. an approved application for permit to drill and perienced in the subject matter to believe that— ‘‘(10) Preventing, predicting, monitoring, and from which oil and gas production is occurring ‘‘(I) there is a valid discovery of geothermal mitigating the unintended leaking of methane, may be available for noncompetitive leasing resources on the land for which the qualified carbon dioxide, or other fossil fuel-related emis- under subsection (c) by the holder of the oil and lessee holds the legal right to develop geo- sions into the atmosphere. gas lease— thermal resources; and ‘‘(11) Improving the separation and purifi- ‘‘(A) on a determination that geothermal en- ‘‘(II) that geothermal feature extends into the cation of helium from fossil fuel resources. ergy will be produced from a well producing or adjoining areas. ‘‘(12) Reducing water use, improving water capable of producing oil and gas; and ‘‘(C) DETERMINATION OF FAIR MARKET reuse, and minimizing the surface and sub- ‘‘(B) in order to provide for the coproduction VALUE.— surface environmental impact in the develop- of geothermal energy with oil and gas.’’. ‘‘(i) IN GENERAL.—The Secretary shall— ment of unconventional domestic oil and nat- ‘‘(I) publish a notice of any request to lease SEC. 2608. NONCOMPETITIVE LEASING OF AD- ural gas resources. JOINING AREAS FOR DEVELOPMENT land under this paragraph; ‘‘(13) Developing carbon removal and utiliza- OF GEOTHERMAL RESOURCES. ‘‘(II) determine fair market value for purposes tion technologies, products, and methods that Section 4(b) of the Geothermal Steam Act of of this paragraph in accordance with proce- result in net reductions in greenhouse gas emis- 1970 (30 U.S.C. 1003(b)) is further amended by dures for making those determinations that are sions, including direct air capture and storage adding at the end the following: established by regulations issued by the Sec- and carbon use and reuse for commercial appli- ‘‘(5) ADJOINING LAND.— retary; cation.’’; ‘‘(III) provide to a qualified lessee and pub- ‘‘(A) DEFINITIONS.—In this paragraph: (2) by striking subsections (c) through (e) and lish, with an opportunity for public comment for ‘‘(i) FAIR MARKET VALUE PER ACRE.—The term inserting the following: a period of 30 days, any proposed determination ‘fair market value per acre’ means a dollar ‘‘(c) PRIORITIZATION.—In carrying out this amount per acre that— under this subparagraph of the fair market section, the Secretary shall prioritize tech- ‘‘(I) except as provided in this clause, shall be value of an area that the qualified lessee seeks nologies and strategies that have the potential equal to the market value per acre (taking into to lease under this paragraph; and to meet emissions reduction goals in the agree- ‘‘(IV) provide to the qualified lessee and any account the determination under subparagraph ment of the twenty-first session of the Con- adversely affected party the opportunity to ap- (B)(iii) regarding a valid discovery on the ad- ference of the Parties to the United Nations peal the final determination of fair market value joining land) as determined by the Secretary Framework Convention on Climate Change. in an administrative proceeding before the ap- under regulations issued under this paragraph; ‘‘(d) LIMITATION.—None of the funds author- plicable Federal land management agency, in ‘‘(II) shall be determined by the Secretary ized under this section may be used for Fossil accordance with applicable law (including regu- with respect to a lease under this paragraph, by Energy Environmental Restoration or Import/ lations). not later than the end of the 180-day period be- Export Authorization.’’. ginning on the date the Secretary receives an ‘‘(ii) LIMITATION ON NOMINATION.—After pub- SEC. 3103. CARBON CAPTURE TECHNOLOGIES. application for the lease; and lication of a notice of request to lease land ‘‘(III) shall be not less than the greater of— under this paragraph, the Secretary may not ac- (a) CARBON CAPTURE PROGRAM.—Section 962 ‘‘(aa) 4 times the median amount paid per acre cept under subsection (a) any nomination of the of the Energy Policy Act of 2005 (42 U.S.C. for all land leased under this Act during the land for leasing unless the request has been de- 16292) is amended to read as follows: preceding year; or nied or withdrawn. ‘‘SEC. 962. CARBON CAPTURE TECHNOLOGIES. ‘‘(bb) $50. ‘‘(iii) ANNUAL RENTAL.—For purposes of sec- ‘‘(a) IN GENERAL.—The Secretary shall con- ‘‘(ii) INDUSTRY STANDARDS.—The term ‘indus- tion 5(a)(3), a lease awarded under this para- duct a program of research, development, dem- try standards’ means the standards by which a graph shall be considered a lease awarded in a onstration, and commercial application of car- qualified geothermal professional assesses competitive lease sale. bon capture technologies, which shall include whether downhole or flowing temperature meas- ‘‘(D) REGULATIONS.—Not later than 270 days facilitation of the development and use of— urements with indications of permeability are after the date of the enactment of this para- ‘‘(1) carbon capture technologies for coal and sufficient to produce energy from geothermal re- graph, the Secretary shall issue regulations to natural gas; sources, as determined through flow or injection carry out this paragraph.’’. ‘‘(2) innovations to significantly decrease testing or measurement of lost circulation while SEC. 2609. SAVINGS CLAUSE. emissions at existing power plants; drilling. Notwithstanding any other provision of this ‘‘(3) innovations to significantly decrease ‘‘(iii) QUALIFIED FEDERAL LAND.—The term subtitle, the Secretary shall continue to manage emissions in manufacturing and industrial ap- ‘qualified Federal land’ means land that is oth- public lands under the principles of multiple use plications; and erwise available for leasing under this Act. and sustained yield in accordance with title I of ‘‘(4) advanced separation technologies. ‘‘(iv) QUALIFIED GEOTHERMAL PROFES- the Federal Land Policy and Management Act ‘‘(b) INVESTMENT.—As a part of the program SIONAL.—The term ‘qualified geothermal profes- of 1976 (43 U.S.C. 1701 et seq.), including due under subsection (a), the Secretary shall main- sional’ means an individual who is an engineer consideration of mineral and nonrenewable en- tain robust investments in carbon capture tech- or geoscientist in good professional standing ergy-related projects and other nonrenewable nologies for coal and natural gas applications. with at least 5 years of experience in geothermal energy uses, for the purposes of land use plan- ‘‘(c) LARGE-SCALE PILOTS.—In carrying out exploration, development, or project assessment. ning, permit processing, and conducting envi- this section, the Secretary is encouraged to sup- ‘‘(v) QUALIFIED LESSEE.—The term ‘qualified ronmental reviews. port pilot projects that test carbon capture tech- lessee’ means a person who may hold a geo- TITLE III—CARBON POLLUTION nologies on coal and natural gas power and in- thermal lease under this Act (including applica- REDUCTION TECHNOLOGIES dustrial systems below the 100 megawatt scale, ble regulations). consistent with section 988(b). Subtitle A—Fossil Energy Research and ‘‘(vi) VALID DISCOVERY.—The term ‘valid dis- ‘‘(d) COST AND PERFORMANCE GOALS.—In car- covery’ means a discovery of a geothermal re- Development rying out the program under subsection (a), the source by a new or existing slim hole or produc- SEC. 3101. DEFINITIONS. Secretary shall establish cost and performance tion well, that exhibits downhole or flowing For purposes of this part: goals to assist in the transition of carbon cap- temperature measurements with indications of (1) DEPARTMENT.—The term ‘‘Department’’ ture research to commercially viable tech- permeability that are sufficient to meet industry means the Department of Energy. nologies. standards. (2) SECRETARY.—The term ‘‘Secretary’’ means ‘‘(e) CARBON CAPTURE PILOT TEST CENTERS.— ‘‘(B) AUTHORITY.—An area of qualified Fed- the Secretary of Energy. ‘‘(1) IN GENERAL.—As a part of the program eral land that adjoins other land for which a SEC. 3102. FOSSIL ENERGY OBJECTIVES. under subsection (a), not later than 1 year after qualified lessee holds a legal right to develop Section 961 of the Energy Policy Act of 2005 the date of the enactment of this section, the geothermal resources may be available for a (42 U.S.C. 16291) is amended— Secretary shall award grants to eligible entities

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00088 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4807 for the operation of not less than three Carbon ‘‘(C) upon completion, demonstrate carbon facility’ means a facility that generates electric Capture Test Centers (in this subsection, known capture technologies on a power or industrial energy through the use of natural gas or a facil- as the ‘Centers’) to provide unique testing capa- system capable of capturing not less than ity that generates hydrogen from natural gas. bilities for innovative carbon capture tech- 100,000 tons of carbon dioxide annually. ‘‘(3) QUALIFYING TECHNOLOGY.—The term nologies for power and industrial systems. ‘‘(g) DEFINITION OF POWER SYSTEM.—In this ‘qualifying technology’ means any technology ‘‘(2) PURPOSE.—Each Center shall— section, the term ‘power system’ means any elec- to capture carbon dioxide produced during the ‘‘(A) advance research, development, dem- tricity generating unit that utilizes fossil fuels generation of electricity from natural gas power onstration, and commercial application of car- to generate electricity provided to the electric systems or during the generation of hydrogen bon capture technologies for power and indus- grid or directly to a consumer. from natural gas. trial systems; and ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(b) ESTABLISHMENT OF RESEARCH, DEVELOP- ‘‘(B) test technologies that represent the scale There are authorized to be appropriated to the MENT, AND DEMONSTRATION PROGRAM.— of technology development beyond laboratory Secretary for activities under subsections (a) ‘‘(1) IN GENERAL.—The Secretary shall estab- testing, but not yet advanced to testing under through (f)— lish a program under which the Secretary shall, operational conditions at commercial scale. ‘‘(1) $300,000,000 for fiscal year 2021; through a competitive, merit-reviewed process, ‘‘(3) APPLICATION.—An entity seeking to oper- ‘‘(2) $315,000,000 for fiscal year 2022; award grants to eligible entities to conduct re- ate a Center under this subsection shall submit ‘‘(3) $330,750,000 for fiscal year 2023; search, development, and demonstration of to the Secretary an application at such time and ‘‘(4) $347,288,000 for fiscal year 2024; and qualifying technologies. in such manner as the Secretary may require. ‘‘(5) $364,652,000 for fiscal year 2025. ‘‘(2) OBJECTIVES.—The objectives of the pro- ‘‘(4) PRIORITY CRITERIA.—In selecting applica- ‘‘(i) COMMERCIAL DEMONSTRATION.— gram established under paragraph (1) shall be— tions to operate a Center under this subsection, ‘‘(1) IN GENERAL.—The Secretary shall estab- ‘‘(A) to conduct research to accelerate the de- the Secretary shall prioritize applicants that— lish a carbon capture technology commercializa- velopment of qualifying technologies to reduce ‘‘(A) have access to existing or planned re- tion program to improve the efficiency, effective- the quantity of carbon dioxide emissions research facilities with modular technology capa- ness, cost, and environmental performance of leased from qualifying electric generation facili- bilities; such technologies for power, industrial, trans- ties, including— ‘‘(B) are institutions of higher education with portation, and other commercial applications. ‘‘(i) pre- and post-combustion capture tech- established expertise in engineering and design Such program shall include funding for commer- nologies; and for carbon capture technologies, or partnerships cial carbon capture technology projects for up to ‘‘(ii) technologies to improve the thermo- with such institutions; five demonstrations of a particular technology dynamics, kinetics, scalability, durability, and ‘‘(C) have access to existing research and test type. flexibility of carbon capture technologies for use facilities for pre-combustion, post-combustion, ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— during the generation of electricity from natural or oxy-combustion technologies; or There are authorized to be appropriated to carry gas power systems; ‘‘(D) have test capabilities to address scaling out this subsection $1,500,000,000 for each of fis- ‘‘(B) to expedite and carry out demonstration challenges of integrating carbon capture tech- cal years 2021 through 2025.’’. projects (including pilot projects) for qualifying nologies with utility scale power plants. (b) GAO STUDY.— technologies in partnership with qualifying elec- ‘‘(5) CONSIDERATIONS.—In awarding grants (1) IN GENERAL.—Not later than 1 year after tric generation facilities in order to demonstrate for the operation of the Centers under this sub- the date of enactment of this Act, the Comp- the technical feasibility and economic potential section, the Secretary shall ensure that— troller General of the United States shall submit ‘‘(A) the portfolio of Centers includes a di- for commercial deployment of technologies de- to the Committee on Science, Space, and Tech- verse representation of regional and resource veloped pursuant to subparagraph (A); and nology of the House of Representatives and the ‘‘(C) to identify any barriers to the commercial characteristics; and ‘‘(B) each new Center demonstrates unique re- Committee on Energy and Natural Resources of deployment of any qualifying technologies search capabilities, unique regional benefits, or the Senate a report on the results of a study of under development pursuant to research con- new technology development opportunities. the Department’s successes, failures, practices, ducted pursuant to subparagraph (A). ‘‘(6) SCHEDULE.—Each grant to operate a Cen- and improvements in carrying out demonstra- ‘‘(3) ELIGIBLE ENTITIES.— An entity eligible to ter under this subsection shall be awarded for a tion projects for carbon capture technologies for receive a grant under this subsection is— term of not more than 5 years, subject to the power and industrial systems. In conducting the ‘‘(A) a National Laboratory; ‘‘(B) an institution of higher education; availability of appropriations. The Secretary study, the Comptroller General shall consider— ‘‘(C) a research facility; may renew such 5-year term without limit, sub- (A) applicant and contractor qualifications; (B) project management practices at the De- ‘‘(D) a multi-institutional collaboration; or ject to a rigorous merit review. ‘‘(E) another appropriate entity or combina- ‘‘(7) TERMINATION.—To the extent otherwise partment; (C) economic or market changes and other tion of any of the entities specified in subpara- authorized by law, the Secretary may eliminate graphs (A) through (D). a Center during any 5-year term described in factors impacting project viability; (D) completion of third-party agreements, in- ‘‘(c) CARBON CAPTURE FACILITIES DEM- paragraph (6) if such Center is underper- cluding power purchase agreements and carbon ONSTRATION PROGRAM.— forming. dioxide offtake agreements; ‘‘(1) ESTABLISHMENT.—As part of the program ‘‘(f) DEMONSTRATIONS.— established under paragraph (1), the Secretary ‘‘(1) IN GENERAL.—As a part of the program (E) regulatory challenges; and shall establish a demonstration program under under subsection (a), the Secretary may provide (F) construction challenges. ONSIDERATION.—The Secretary shall con- which the Secretary shall, through a competi- grants for large-scale demonstration projects for (2) C sider any relevant recommendations, as deter- tive, merit-reviewed process, enter into coopera- power and industrial systems that test the scale mined by the Secretary, provided in the report tive agreements with entities that submit appli- of technology necessary to gain the operational required under paragraph (1), and shall adopt cations pursuant to paragraph (4) for dem- data needed to understand the technical and such recommendations as the Secretary con- onstration or pilot projects to construct and op- performance risks of the technology before the siders appropriate. erate, by not later than September 30, 2025, up application of the technology at commercial (3) POWER SYSTEM DEFINED.—In this section, to five facilities to capture carbon dioxide from scale, in accordance with this subsection. the term ‘‘power system’’ means any electricity qualifying electric generation facilities. The Sec- ‘‘(2) ENGINEERING AND DESIGN STUDIES.—The retary shall, to the maximum extent practicable, Secretary is authorized to fund front-end engi- generating unit that utilizes fossil fuels to gen- provide technical assistance to any entity seek- neering and design studies in addition to, or in erate electricity provided to the electric grid or ing to enter into such a cooperative agreement advance of, issuing an award for a demonstra- directly to a consumer. in obtaining any necessary permits and licenses tion project under this subsection. SEC. 3104. NATURAL GAS CARBON CAPTURE RE- ‘‘(3) APPLICATION.—An entity seeking an SEARCH, DEVELOPMENT, AND DEM- to demonstrate qualifying technologies. award to conduct a demonstration project under ONSTRATION PROGRAM. ‘‘(2) COOPERATIVE AGREEMENTS.—The Sec- this subsection shall submit to the Secretary an (a) IN GENERAL.—Subtitle F of title IX of the retary may enter into a cooperative agreement application at such time and in such manner as Energy Policy Act of 2005 (42 U.S.C. 16291 et under this subsection with industry stake- the Secretary may require. seq.) is amended by adding at the end the fol- holders, including any such industry stake- ‘‘(4) LIMITATIONS.—The Secretary shall only lowing: holder operating in partnership with National provide an award under this subsection after re- ‘‘SEC. 969. NATURAL GAS CARBON CAPTURE RE- Laboratories, institutions of higher education, viewing each applicant and application regard- SEARCH, DEVELOPMENT, AND DEM- multi-institutional collaborations, and other ap- ing— ONSTRATION PROGRAM. propriate entities. ‘‘(A) financial strength; ‘‘(a) DEFINITIONS.—In this section: ‘‘(3) GOALS.—Each demonstration or pilot ‘‘(B) construction schedule; ‘‘(1) NATURAL GAS.—The term ‘natural gas’ in- project carried out pursuant to the demonstra- ‘‘(C) market risk; and cludes any fuel consisting in whole or in part tion program under this subsection shall— ‘‘(D) contractor history. of— ‘‘(A) be designed to further the development of ‘‘(5) REQUIREMENTS.—A demonstration project ‘‘(A) natural gas; qualifying technologies that may be used by a funded under this subsection shall— ‘‘(B) liquid petroleum gas; qualifying electric generation facility; ‘‘(A) utilize technologies that have completed ‘‘(C) synthetic gas derived from petroleum or ‘‘(B) be financed in part by the private sector; pilot-scale testing or the equivalent, as deter- natural gas liquids; or ‘‘(C) if necessary, secure agreements for the mined by the Secretary; ‘‘(D) any mixture of natural gas and synthetic offtake of carbon dioxide emissions captured by ‘‘(B) secure and maintain agreements for the gas. qualifying technologies during the project; and utilization or sequestration of captured carbon ‘‘(2) QUALIFYING ELECTRIC GENERATION FACIL- ‘‘(D) support energy production in the United dioxide; and ITY.—The term ‘qualifying electric generation States.

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‘‘(4) REQUEST FOR APPLICATIONS.—Not later ronmental Protection Agency, shall carry out a ‘‘(B) identifies the remaining challenges in than 120 days after the date of enactment of this program of research, development, and dem- achieving carbon sequestration that is reliable Act, the Secretary shall solicit applications for onstration for carbon storage. The program and safe for the environment and public health; cooperative agreements for projects— shall— and ‘‘(A) to demonstrate qualifying technologies at ‘‘(1) in coordination with relevant Federal ‘‘(C) creates a roadmap for Department of En- up to five qualifying electric generation facili- agencies, develop and maintain mapping tools ergy carbon storage research and development ties; and and resources that assess the capacity of geo- activities through 2030 with the goal of reducing ‘‘(B) to construct and operate three or more logic storage formations in the United States; economic and policy barriers to commercial car- facilities to capture carbon dioxide from a quali- ‘‘(2) develop monitoring tools, modeling of geo- bon sequestration. fying electric generation facility. logic formations, and analyses to predict and ‘‘(5) LARGE-SCALE CARBON SEQUESTRATION.— ‘‘(5) REVIEW OF APPLICATIONS.—In considering verify carbon dioxide containment and account For purposes of this subsection, ‘large-scale car- applications submitted under paragraph (4), the for sequestered carbon dioxide in geologic stor- bon sequestration’ means a scale that dem- Secretary, to the maximum extent practicable, age sites; onstrates the ability to inject and sequester sev- shall— ‘‘(3) research potential environmental, safety, eral million metric tons carbon dioxide for at ‘‘(A) ensure a broad geographic distribution of and health impacts in the event of a leak to the least 10 years. project sites; atmosphere or to an aquifer, and any cor- ‘‘(B) ensure that a broad selection of quali- ‘‘(d) INTEGRATED STORAGE PROJECTS.—The responding mitigation actions or responses to fying electric generation facilities are rep- Secretary may carry out a program for the pur- limit harmful consequences; resented; pose of transitioning the large-scale carbon se- ‘‘(C) ensure that a broad selection of quali- ‘‘(4) evaluate the interactions of carbon diox- questration demonstration projects under sub- fying technologies are represented; ide with formation solids and fluids, including section (c) into integrated, commercial storage ‘‘(D) require information and knowledge the propensity of injections to induce seismic ac- complexes. The program shall focus on— gained by each participant in the demonstration tivity; ‘‘(1) qualifying geologic storage sites in order program to be transferred and shared among all ‘‘(5) assess and ensure the safety of operations to accept large volumes of carbon dioxide ac- participants in the demonstration program; and related to geologic sequestration of carbon diox- ceptable for commercial contracts; ‘‘(E) leverage existing— ide; ‘‘(2) understanding the technical and commer- ‘‘(i) public-private partnerships; and ‘‘(6) determine the fate of carbon dioxide con- cial viability of storage sites; ‘‘(ii) Federal resources. current with and following injection into geo- ‘‘(3) developing the qualification processes ‘‘(d) COST SHARING.—In carrying out this sec- logic formations; that will be necessary for a diverse range of geo- tion, the Secretary shall require cost sharing in ‘‘(7) support cost and business model assess- logic storage sites to commercially accept carbon accordance with section 988. ments to examine the economic viability of tech- dioxide; and ‘‘(e) REPORT.—Not later than 180 days after nologies and systems developed under this pro- ‘‘(4) any other activities the Secretary deter- the date on which the Secretary solicits applica- gram; and mines necessary to transition the large scale tions under subsection (c)(3), and annually ‘‘(8) provide information to State, local, and demonstration storage projects into commercial thereafter, the Secretary shall submit to the ap- Tribal governments, the Environmental Protec- ventures. propriate committees of jurisdiction of the Sen- tion Agency, and other appropriate entities, to ‘‘(e) COST SHARING.—The Secretary shall re- ate and the House of Representatives a report support development of a regulatory framework quire cost sharing under this section in accord- that includes— for commercial-scale sequestration operations ance with section 988. ‘‘(1) a detailed description of how applications that ensure the protection of human health and ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— for cooperative agreements under subsection (b) the environment. There are authorized to be appropriated to the will be solicited and evaluated, including— ‘‘(b) GEOLOGIC SETTINGS.—In carrying out re- ‘‘(A) a list of any activities carried out by the Secretary for activities under this section— search activities under this section, the Sec- ‘‘(1) $620,000,000 for fiscal year 2021; Secretary to solicit or evaluate applications; and retary shall consider a variety of candidate geo- ‘‘(B) a process for ensuring that any projects ‘‘(2) $626,000,000 for fiscal year 2022; logic settings, both onshore and offshore, in- carried out under a cooperative agreement are ‘‘(3) $632,300,000 for fiscal year 2023; cluding— designed to result in the development or dem- ‘‘(4) $638,915,000 for fiscal year 2024; and ‘‘(1) operating oil and gas fields; onstration of qualifying technologies; ‘‘(5) $645,860,750 for fiscal year 2025.’’. ‘‘(2) depleted oil and gas fields; ‘‘(2)(A) in the case of the first report under SEC. 3106. CARBON UTILIZATION. ‘‘(3) residual oil zones; this subsection, a detailed list of technical mile- (a) PROGRAM.—Subtitle F of title IX of the ‘‘(4) unconventional reservoirs and rock types; stones for the development and demonstration of ‘‘(5) unmineable coal seams; Energy Policy Act of 2005 (42 U.S.C. 16291 et each qualifying technology pursued under sub- ‘‘(6) saline formations in both sedimentary seq.), as amended by this Act, is amended by section (b); and and basaltic geologies; adding at the end the following: ‘‘(B) in the case of each subsequent report ‘‘SEC. 970. CARBON UTILIZATION. under this subsection, the progress made to- ‘‘(7) geologic systems that may be used as en- ‘‘(a) IN GENERAL.—The Secretary shall carry wards achieving such technical milestones dur- gineered reservoirs to extract economical quantities of brine from geothermal resources of low out a program of research, development, and ing the period covered by the report; and demonstration for carbon utilization. The pro- ‘‘(3) with respect to the demonstration pro- permeability or porosity; and gram shall— gram established under subsection (c), in- ‘‘(8) geologic systems containing in situ car- ‘‘(1) assess and monitor potential changes in cludes— bon dioxide mineralization formations. ‘‘(A) an estimate of the cost of licensing, per- ‘‘(c) REGIONAL CARBON SEQUESTRATION PART- life cycle carbon dioxide and other greenhouse mitting, constructing, and operating each car- NERSHIPS.— gas emissions, and other environmental safety bon capture facility expected to be constructed ‘‘(1) IN GENERAL.—The Secretary shall carry indicators of new technologies, practices, proc- under that demonstration program; out large-scale carbon sequestration demonstra- esses, or methods, used in enhanced hydro- ‘‘(B) a schedule for the planned construction tions for geologic containment of carbon dioxide carbon recovery as part of the activities author- and operation of each demonstration or pilot to collect and validate information on the cost ized in section 963 of the Energy Policy Act of project; and and feasibility of commercial deployment of 2005 (42 U.S.C. 16293); ‘‘(C) an estimate of any financial assistance, technologies for the geologic containment of car- ‘‘(2) identify and evaluate novel uses for car- compensation, or incentives proposed to be paid bon dioxide. The Secretary may fund new dem- bon, including the conversion of carbon oxides, by the host State, Indian Tribe, or local govern- onstrations or expand the work completed at in a manner that, on a full life-cycle basis, ment with respect to each facility. one or more of the existing regional carbon se- achieves a permanent reduction in, or avoidance ‘‘(f) There are authorized to be appropriated questration partnerships. of a net increase in carbon dioxide in the atmos- to the Secretary to carry out this section ‘‘(2) DEMONSTRATION COMPONENTS.—Each phere, for use in commercial and industrial $50,000,000, to remain available until expended, demonstration described in paragraph (1) shall products, such as— for each of fiscal years 2021 through 2025.’’. include longitudinal tests involving carbon diox- ‘‘(A) chemicals; (b) CLERICAL AMENDMENT.—The table of con- ide injection and monitoring, mitigation, and ‘‘(B) plastics; tents for the Energy Policy Act of 2005 (Public verification operations. ‘‘(C) building materials; Law 109–58; 119 Stat. 600) is amended by insert- ‘‘(3) CLEARINGHOUSE.—The National Energy ‘‘(D) fuels; ing after the item relating to section 968 the fol- Technology Laboratory shall act as a clearing- ‘‘(E) cement; lowing: house of shared information and resources for ‘‘(F) products of coal utilization in power sys- ‘‘Sec. 969. Natural gas carbon capture research, the regional carbon sequestration partnerships tems (as such term is defined in section 962(e)), development, and demonstration and any new demonstrations funded under this or other applications; or program.’’. section. ‘‘(G) other products with demonstrated market SEC. 3105. CARBON STORAGE VALIDATION AND ‘‘(4) REPORT.—Not later than 1 year after the value; TESTING. date of enactment of this section, the Secretary ‘‘(3) carbon capture technologies for industrial Section 963 of the Energy Policy Act of 2005 shall provide to the Committee on Science, systems; (42 U.S.C. 16293) is amended to read as follows: Space, and Technology of the House of Rep- ‘‘(4) identify and assess alternative uses for ‘‘SEC. 963. CARBON STORAGE VALIDATION AND resentatives and the Committee on Energy and coal that result in no net emissions of carbon di- TESTING. Natural Resources of the Senate a report that— oxide or other pollutants, including products de- ‘‘(a) CARBON STORAGE.—The Secretary, in ‘‘(A) assesses the progress of all regional car- rived from carbon engineering, carbon fiber, and consultation with the Administrator of the Envi- bon sequestration partnerships; coal conversion methods.

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‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) Advanced combustion systems, including ‘‘(2) in phase II, to develop the conceptual de- There are authorized to be appropriated to the oxy-combustion systems and chemical looping. sign for advanced high efficiency gas turbines Secretary for activities under this section— ‘‘(4) Fuel cell technologies for low-cost, high- that can achieve at least 67-percent combined ‘‘(1) $30,000,000 for fiscal year 2021; efficiency, fuel-flexible, modular power systems, cycle efficiency or 50-percent simple cycle effi- ‘‘(2) $31,500,000 for fiscal year 2022; including solid oxide fuel cell technology for ciency on a lower heating value basis. ‘‘(3) $33,075,000 for fiscal year 2023; commercial, residential, and distributed genera- ‘‘(d) PROPOSALS.—Not later than 180 days ‘‘(4) $34,729,000 for fiscal year 2024; and tion systems, using improved manufacturing after the date of enactment of this section, the ‘‘(5) $36,465,000 for fiscal year 2025.’’. production and processes. Secretary shall solicit grant and contract pro- (b) STUDY.—The Secretary shall enter into an ‘‘(5) Gasification systems to enable carbon posals from industry, small businesses, univer- agreement with the National Academies to con- capture, improve efficiency, and reduce capital sities, and other appropriate parties for conduct a study assessing the barriers, and oppor- and operating costs. ducting activities under this Act. In selecting tunities related to the commercial application of ‘‘(6) Thermal cycling with ramping or rapid proposals, the Secretary shall emphasize— carbon dioxide in the United States. Such study black start capabilities that do not compromise ‘‘(1) the extent to which the proposal will shall— efficiency or environmental performance. stimulate the creation or increased retention of (1) analyze the technical feasibility, related ‘‘(7) Small-scale and modular coal-fired tech- jobs in the United States; and challenges, and impacts to commercializing car- nologies with reduced carbon outputs or carbon ‘‘(2) the extent to which the proposal will pro- bon dioxide, including— capture that can support incremental power mote and enhance United States technology (A) creating a national system of carbon diox- generation capacity additions. leadership. ide pipelines and geologic sequestration sites; ‘‘(b) PRIORITY.—In carrying out the program ‘‘(e) COMPETITIVE AWARDS.—The provision of (B) mitigating environmental and landowner under subsection (a), the Secretary is encour- funding under this section shall be on a com- impacts; and aged to prioritize transformational technologies petitive basis with an emphasis on technical (C) regional economic challenges and opportu- that enable a step change in reduction of emis- merit. nities; sions as compared to the technology in existence ‘‘(f) COST SHARING.—Section 988 of the Energy (2) identify potential markets, industries, or on the date of enactment of this section. Policy Act of 2005 (42 U.S.C. 16352) shall apply sectors that may benefit from greater access to ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— to an award of financial assistance made under commercial carbon dioxide; There are authorized to be appropriated to the this section. (3) assess the current state of infrastructure Secretary for activities under this section and ‘‘(g) LIMITS ON PARTICIPATION.—The limits on and any necessary updates to allow for the inte- section 970A–1— participation applicable under section 999E of gration of safe and reliable carbon dioxide ‘‘(1) $150,000,000 for fiscal year 2021; the Energy Policy Act of 2005 (42 U.S.C. 16375) transportation, utilization, and storage; ‘‘(2) $157,500,000 for fiscal year 2022; shall apply to financial assistance awarded (4) estimate the economic, climate, and envi- ‘‘(3) $165,375,000 for fiscal year 2023; under this section.’’. ‘‘(4) $173,643,750 for fiscal year 2024; and ronmental impacts of any well-integrated na- SEC. 3108. RARE EARTH ELEMENTS. ‘‘(5) $182,325,938 for fiscal year 2025. tional carbon dioxide pipeline system, including Subtitle F of title IX of the Energy Policy Act suggestions for policies that could improve the ‘‘SEC. 970A–1. HIGH EFFICIENCY GAS TURBINES. of 2005 (42 U.S.C. 16291 et seq.) is further economic impact of the system; ‘‘(a) IN GENERAL.—The Secretary of Energy, amended by adding at the end the following: (5) assess the global status and progress of through the Office of Fossil Energy, shall carry ‘‘SEC. 970B. RARE EARTH ELEMENTS. carbon utilization technologies (both chemical out a multiyear, multiphase program of re- ‘‘(a) IN GENERAL.—In coordination with the and biological) in practice today that utilize search, development, and technology demonstra- relevant Federal agencies, the Secretary shall waste carbon (including carbon dioxide, carbon tion to improve the efficiency of gas turbines conduct research to develop and assess methods monoxide, methane, and biogas) from power used in power generation systems and to iden- to separate and recover rare earth elements and generation, biofuels production, and other in- tify the technologies that ultimately will lead to other strategic minerals and coproducts from dustrial processes that may be important to gas turbine combined cycle efficiency of 67 per- coal and coal byproduct streams. The program minimizing net greenhouse gas emissions; cent or simple cycle efficiency of 50 percent. shall— (6) identify emerging technologies and ap- ‘‘(b) PROGRAM ELEMENTS.—The program ‘‘(1) develop advanced rare earth element sep- proaches for carbon utilization that show prom- under this section shall— aration and extraction processes using coal- ise for scale-up, demonstration, deployment, and ‘‘(1) support first-of-a-kind engineering and based resources as feedstock materials; commercialization relevant to minimizing net detailed gas turbine design for megawatt-scale ‘‘(2) assess the technical and economic feasi- greenhouse gas emissions; and utility-scale electric power generation, in- bility of recovering rare earth elements from (7) analyze the factors associated with making cluding— coal-based resources and validate such feasi- carbon utilization technologies that may be im- ‘‘(A) high temperature materials, including bility with prototype systems producing salable, portant to minimizing net greenhouse gas emis- superalloys, coatings, and ceramics; high-purity rare earth elements from coal-based sions viable at a commercial scale, including ‘‘(B) improved heat transfer capability; resources; and carbon waste stream availability, economics, ‘‘(C) manufacturing technology required to ‘‘(3) assess and mitigate any environmental market capacity, energy and lifecycle require- construct complex three-dimensional geometry and public health impacts of recovering rare ments; parts with improved aerodynamic capability; earth elements from coal-based resources. (8) assess the major technical challenges asso- ‘‘(D) combustion technology to produce higher ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ciated with increasing the commercial viability firing temperature while lowering nitrogen oxide There are authorized to be appropriated to the of carbon reuse technologies, and identify the and carbon monoxide emissions per unit of out- Secretary for activities under this section— research and development questions that will put; ‘‘(1) $23,000,000 for fiscal year 2021; address those challenges; ‘‘(E) advanced controls and systems integra- ‘‘(2) $24,150,000 for fiscal year 2022; (9) assess current research efforts, including tion; ‘‘(3) $25,357,500 for fiscal year 2023; engineering and computational, that are ad- ‘‘(F) advanced high performance compressor technology; and ‘‘(4) $26,625,375 for fiscal year 2024; and dressing these challenges and identify gaps in ‘‘(5) $27,956,644 for fiscal year 2025.’’. the current research portfolio; and ‘‘(G) validation facilities for the testing of (10) develop a comprehensive research agenda components and subsystems; SEC. 3109. METHANE HYDRATE RESEARCH AMENDMENTS. that addresses both long- and short-term re- ‘‘(2) include technology demonstration (a) REPEAL.—Section 2 of the Methane Hy- search needs and opportunities for technologies through component testing, subscale testing, drate Research and Development Act of 2000 (30 that may be important to minimizing net green- and full-scale testing in existing fleets; U.S.C. 2001) is repealed. house gas emissions. ‘‘(3) include field demonstrations of the developed technology elements so as to demonstrate (b) DEVELOPMENT.—Section 4 of the Methane SEC. 3107. ADVANCED ENERGY SYSTEMS. technical and economic feasibility; and Hydrate Research and Development Act of 2000 Subtitle F of title IX of the Energy Policy Act ‘‘(4) assess overall combined cycle and simple (30 U.S.C. 2003) is amended by striking ‘‘and de- of 2005 (42 U.S.C. 16291 et seq.), as amended by cycle system performance. velopment’’ in each place it occurs. this Act, is further amended by adding at the ‘‘(c) PROGRAM GOALS.—The goals of the mul- (c) IN GENERAL.—Section 4(b) of the Methane end the following: tiphase program established under subsection Hydrate Research and Development Act of 2000 ‘‘SEC. 970A. ADVANCED ENERGY SYSTEMS. (a) shall be— (30 U.S.C. 2003(b)) is amended to read as fol- ‘‘(a) IN GENERAL.—The Secretary shall con- ‘‘(1) in phase I— lows: duct a program, with the purpose of reducing ‘‘(A) to develop the conceptual design of ad- ‘‘(b) GRANTS, CONTRACTS, COOPERATIVE emissions from fossil fuel power generation by vanced high efficiency gas turbines that can AGREEMENTS, INTERAGENCY FUNDS TRANSFER not less than 50 percent, of research, develop- achieve at least 65-percent combined cycle effi- AGREEMENTS, AND FIELD WORK PROPOSALS.— ment, demonstration, and commercial applica- ciency or 47-percent simple cycle efficiency on a ‘‘(1) ASSISTANCE AND COORDINATION.—In car- tion with respect to the following: lower heating value basis; and rying out the program of methane hydrate re- ‘‘(1) High-efficiency turbines in accordance ‘‘(B) to develop and demonstrate the tech- search authorized by this section, the Secretary with the program under section 970A–1. nology required for advanced high efficiency may award grants, or enter into contracts or co- ‘‘(2) Supercritical and ultrasupercritical car- gas turbines that can achieve at least 65-percent operative agreements to— bon dioxide, with an emphasis on developing di- combined cycle efficiency or 47-percent simple ‘‘(A) conduct research to assess and mitigate rectly-fired and indirectly fired cycles in the cycle efficiency on a lower heating value basis; the environmental impact of natural methane next 10 years. and hydrate degassing;

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00091 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4810 CONGRESSIONAL RECORD — HOUSE September 23, 2020 ‘‘(B) conduct research to identify the environ- ‘‘(5) forest management and afforestation; and ‘‘(II) captures more than 10,000 metric tons of mental and health impacts of methane hydrate ‘‘(6) planned or managed carbon sinks, in- qualified carbon dioxide annually. development; cluding natural and artificial. ‘‘(ii) EXCLUSION.—The term ‘qualified direct ‘‘(C) assess and develop technologies to miti- ‘‘(b) PRIORITIZATION.—In carrying out the air capture facility’ does not include any facil- gate environmental impacts of natural methane program established in subsection (a), the Sec- ity that captures carbon dioxide— hydrate degassing and to mitigate environ- retary shall prioritize— ‘‘(I) that is deliberately released from natu- mental impacts of the exploration and commer- ‘‘(1) the activities described in paragraphs (1) rally occurring subsurface springs; or cial development of methane hydrates, including and (2) of subsection (a), acting through the As- ‘‘(II) using natural photosynthesis. through the avoidance of the use of seismic test- sistant Secretary for Fossil Energy; and ‘‘(2) ESTABLISHMENT.—Not later than 1 year ing; or ‘‘(2) the activities described in subsection after the date of enactment of this section, the ‘‘(D) expand education and training programs (a)(3), acting through the Assistant Secretary Secretary, in consultation with the Adminis- in methane hydrate research through fellow- for Energy Efficiency and Renewable Energy trator of the Environmental Protection Agency, ships or other means for graduate education and the Assistant Secretary for Fossil Energy. shall establish a commercial direct air capture and training. ‘‘(c) CONSIDERATIONS.—The program under prize designed to significantly reward commer- ‘‘(2) ENVIRONMENTAL MONITORING AND RE- this section shall identify and develop carbon cial applications of direct air capture tech- SEARCH.— removal technologies and strategies that con- nologies. ‘‘(A) IN GENERAL.—The Secretary, Secretary of sider the following: ‘‘(3) COMMERCIAL DIRECT AIR CAPTURE PRIZE Commerce, and Secretary of the Interior shall ‘‘(1) Land use changes, including impacts on PROGRAM.— conduct a long-term environmental monitoring natural and managed ecosystems. ‘‘(A) AWARDS.—Under the prize program, the ‘‘(2) Ocean acidification. and research program to study methane hy- Secretary shall provide financial awards in a ‘‘(3) Net greenhouse gas emissions. competitive setting equally for each ton of quali- drates. ‘‘(4) Commercial viability. ‘‘(B) NOTICE AND COMMENT.—In developing a fied carbon dioxide captured by a qualified di- ‘‘(5) Potential for near-term impact. rect air capture facility until appropriated plan for long-term environmental monitoring ‘‘(6) Potential for carbon reductions on a funds are expended. The prize per metric ton and research under subparagraph (A), the Sec- gigaton scale. shall not exceed— retaries shall publish in the Federal Register a ‘‘(7) Economic co-benefits. ‘‘(i) $180 for qualified carbon dioxide captured notice providing for an opportunity for the pub- ‘‘(d) ACCOUNTING.—The Department shall col- and stored in saline storage formations; lic to comment on such plan prior to conducting laborate with the Environmental Protection ‘‘(ii) a lesser amount as determined by the Sec- monitoring and research under such subpara- Agency and other relevant agencies to develop retary for qualified carbon dioxide captured and graph. and improve accounting frameworks and tools stored in conjunction with enhanced oil recov- ‘‘(3) COMPETITIVE PEER REVIEW.—Funds made to accurately measure carbon removal and se- ery operations; or available to carry out paragraphs (1) and (2) questration methods and technologies across the ‘‘(iii) a lesser amount as determined by the shall be made available based on a competitive Federal Government. Secretary for qualified carbon dioxide captured process using external scientific peer review of ‘‘(e) AIR CAPTURE TECHNOLOGY PRIZE.—Not and utilized in any activity consistent with sec- proposed research.’’. later than 1 year after the date of enactment of tion 45Q(f)(5) of the Internal Revenue Code of (d) RESPONSIBILITIES OF THE SECRETARY.— this Act, as part of the program carried out 1986. Section 4(e) of the Methane Hydrate Research under this section, the Secretary shall carry out ‘‘(B) ADMINISTRATION.— and Development Act of 2000 (30 U.S.C. 2003(e)) a program to award competitive technology ‘‘(i) REQUIREMENTS.—Not later than 1 year is amended to read as follows: prizes for carbon dioxide capture from ambient after the date of enactment of this section, the ‘‘(e) RESPONSIBILITIES OF THE SECRETARY.—In air or water. In carrying out this subsection, the Administrator, in consultation with the Sec- carrying out subsection (b)(1), the Secretary Secretary shall— retary, shall submit requirements for qualifying shall— ‘‘(1) in accordance with section 24 of the Ste- metric tons of carbon dioxide. In carrying out ‘‘(1) facilitate and develop partnerships venson-Wydler Technology Innovation Act of this clause, the Administrator shall develop spe- among government, industrial enterprises, and 1980 (15 U.S.C. 3719), develop requirements for— cific requirements for— institutions of higher education to research ‘‘(A) the prize competition process; ‘‘(I) the process of applying for prizes; and methane hydrates; ‘‘(B) minimum performance standards for ‘‘(II) the demonstration of performance of ap- ‘‘(2) ensure that the data and information de- projects eligible to participate in the prize com- proved projects. veloped through the program are accessible and petition; and ‘‘(ii) DETERMINATION.—For purposes of deter- widely disseminated as needed and appropriate; ‘‘(C) monitoring and verification procedures mining the amount of metric tons of qualified ‘‘(3) promote cooperation among agencies that for projects selected to receive a prize award; carbon dioxide eligible for prizes under clause ‘‘(2) establish minimum levels for the capture are developing technologies that may hold prom- (i), the amount shall be equal to the net metric of carbon dioxide from ambient air or water that ise for methane hydrate research; tons of carbon dioxide removal demonstrated by are required to qualify for a prize award; and ‘‘(4) report annually to Congress on the re- the recipient, subject to the requirements set ‘‘(3) offer prize awards for any of the fol- sults of actions taken to carry out this chapter; forth by the Administrator under such clause. lowing: and ‘‘(C) SCHEDULE OF PAYMENT.—The Secretary ‘‘(A) A design for a promising capture tech- ‘‘(5) ensure, to the maximum extent prac- shall award prizes on an annual basis to quali- ticable, greater participation by the Department nology that will— ‘‘(i) be operated on a demonstration scale; and fied direct air capture facilities for metric tons of Energy in international cooperative efforts.’’. ‘‘(ii) have the potential to achieve significant of qualified carbon dioxide captured and (e) CONFORMING AMENDMENT.—Section 4(e) of reduction in the level of carbon dioxide in the verified at the point of disposal, injection, or such Act (30 U.S.C. 2003(e)) is amended in the atmosphere. utilization. matter preceding paragraph (1) by striking ‘‘(B) A successful bench-scale demonstration ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— ‘‘subsection (b)(1)’’ and inserting ‘‘paragraphs of a capture technology. There are authorized to be appropriated to carry (1) and (2) of subsection (b)’’. ‘‘(f) COMMERCIAL DIRECT AIR CAPTURE out this subsection $200,000,000 for the period of UTHORIZATION OF PPROPRIATIONS (f) A A .—Sec- PRIZE.— fiscal years 2021 through 2025, and $400,000,000 tion 7 of such Act (30 U.S.C. 2006) is amended to ‘‘(1) DEFINITIONS.—In this subsection: for the period of fiscal years 2026 through 2030, read as follows: ‘‘(A) QUALIFIED CARBON DIOXIDE.— to remain available until expended. ‘‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS. ‘‘(i) IN GENERAL.—The term ‘qualified carbon ‘‘(g) DIRECT AIR CAPTURE TEST CENTER.— ‘‘There are authorized to be appropriated to dioxide’ means any carbon dioxide that— ‘‘(1) IN GENERAL.—Not later than 1 year after the Secretary to carry out this Act $15,000,000, ‘‘(I) is captured directly from the ambient air; the date of enactment of this section, the Sec- to remain available until expended, for each of and retary shall award grants to one or more eligible fiscal years 2021 through 2025.’’. ‘‘(II) is measured at the source of capture and entities for the operation of one or more test SEC. 3110. CARBON REMOVAL. verified at the point of disposal, injection, or centers (in this subsection, known as ‘Centers’) utilization. to provide unique testing capabilities for inno- Subtitle F of title IX of the Energy Policy Act ‘‘(ii) INCLUSION.—The term ‘qualified carbon vative direct air capture and storage tech- of 2005 (42 U.S.C. 16291 et seq.) is further dioxide’ includes the initial deposit of captured nologies. amended by adding at the end the following: carbon dioxide used as a tertiary injectant. ‘‘(2) PURPOSE.—Each Center shall— ‘‘SEC. 970C. CARBON REMOVAL. ‘‘(iii) EXCLUSION.—The term ‘qualified carbon ‘‘(A) advance research, development, dem- ‘‘(a) ESTABLISHMENT.—The Secretary, in co- dioxide’ does not include carbon dioxide that is onstration, and commercial application of direct ordination with the appropriate Federal agen- recaptured, recycled, and reinjected as part of air capture and storage technologies; cies, shall establish a research, development, the enhanced oil and natural gas recovery proc- ‘‘(B) support pilot plant and full-scale dem- and demonstration program to remove carbon ess. onstration projects and test technologies that dioxide from the atmosphere on a large scale. ‘‘(B) QUALIFIED DIRECT AIR CAPTURE FACIL- represent the scale of technology development The program may include activities in— ITY.— beyond laboratory testing but not yet advanced ‘‘(1) direct air capture and storage tech- ‘‘(i) IN GENERAL.—Subject to clause (ii), the to test under operational conditions at commer- nologies; term ‘qualified direct air capture facility’ means cial scale; ‘‘(2) enhanced carbon mineralization; any facility that— ‘‘(C) develop front-end engineering design and ‘‘(3) bioenergy with carbon capture and se- ‘‘(I) uses carbon capture equipment to capture economic analysis; and questration; carbon dioxide directly from the ambient air; ‘‘(D) maintain a public record of pilot and ‘‘(4) agricultural and grazing practices; and full-scale plant performance.

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‘‘(3) PRIORITY CRITERIA.—In selecting applica- ‘‘(3) in coordination with representatives from for any 12-month period shall not exceed the tions to operate a Center under this subsection, private industry, State and local governments, least of— the Secretary shall prioritize applicants that— and institutions of higher education, create a (i) $25,000; ‘‘(A) have access to existing or planned re- publicly accessible resource for best practices in (ii) the amount equal to 25 percent of the an- search facilities; the design, construction, maintenance, perform- nual rate of basic pay of that employee; and ‘‘(B) are institutions of higher education with ance, monitoring, and incident response for— (iii) the amount of the limitation that is appli- established expertise in engineering for direct ‘‘(A) pipeline systems; cable for a calendar year under section air capture technologies, or partnerships with ‘‘(B) wells; 5307(a)(1) of title 5, United States Code. such institutions; or ‘‘(C) compressor stations; (2) LIMITATIONS.— ‘‘(C) have access to existing research and test ‘‘(D) storage facilities; and (A) IN GENERAL.—The term of any employee facilities for bulk materials design and testing, ‘‘(E) other vulnerable infrastructure; appointed under this section shall not exceed 3 component design and testing, or professional ‘‘(4) identify high-risk characteristics of pipe- years. engineering design. lines, wells, and materials, geologic risk factors, (B) FULL-TIME EMPLOYEES.—Not more than 10 ‘‘(4) SCHEDULE.—Each grant to operate a Cen- or other key factors that increase the likelihood full-time employees appointed under this sub- ter under this subsection shall be awarded for a of methane leaks; and section may be employed at the National Energy term of not more than 5 years, subject to the ‘‘(5) in collaboration with private entities and Technology Laboratory at any given time. availability of appropriations. The Secretary institutions of higher education, quantify and (b) DISCRETIONARY RESEARCH AND DEVELOP- may renew such 5-year term without limit, sub- map significant geologic methane seeps across MENT.— ject to a rigorous merit review. the United States. (1) IN GENERAL.—The Secretary shall establish ‘‘(5) TERMINATION.—To the extent otherwise ‘‘(b) CONSIDERATIONS.—In carrying out the mechanisms under which the Director of the Na- authorized by law, the Secretary may eliminate program under this section, the Secretary shall tional Energy Technology Laboratory may use the center during any 5-year term described in consider the following: an amount that is, in total, not less than 2 per- the last paragraph if it is underperforming. ‘‘(1) Historical data of methane leaks. cent and not more than 4 percent of all funds ‘‘(h) LARGE-SCALE PILOTS AND DEMONSTRA- ‘‘(2) Public health consequences. available to the Laboratory for the following TIONS.—In supporting the technology develop- ‘‘(3) Public safety. purposes: ment activities under this section, the Secretary ‘‘(4) Novel materials and designs for pipelines, (A) To fund innovative research that is con- is encouraged to support carbon removal pilot compressor stations, components, and wells (inducted at the Laboratory and supports the mis- and demonstration projects, including— cluding casing, cement, wellhead). sion of the Department. ‘‘(1) pilot projects that test direct air capture ‘‘(5) Regional geologic traits. (B) To fund technology development programs systems capable of capturing 10 to 100 tonnes of ‘‘(6) Induced and natural seismicity. that support the transition of technologies de- carbon oxides per year to provide data for dem- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— veloped by the Laboratory into the commercial onstration-scale projects; and There are authorized to be appropriated to the market. ‘‘(2) direct air capture demonstration projects Secretary for activities under this section— (C) To fund workforce development activities capable of capturing greater than 1,000 tonnes ‘‘(1) $22,000,000 for fiscal year 2021; to strengthen external engineering and manu- of carbon oxides per year. ‘‘(2) $23,100,000 for fiscal year 2022; facturing partnerships to ensure safe, efficient, ‘‘(i) INTRA-AGENCY RESEARCH.—In carrying ‘‘(3) $24,255,000 for fiscal year 2023; productive, and useful fossil energy technology out the program established in (a), the Secretary ‘‘(4) $25,467,750 for fiscal year 2024; and production. shall encourage and promote collaborations ‘‘(5) $26,741,138 for fiscal year 2025.’’. (D) To fund the revitalization, recapitaliza- among relevant offices and agencies within the SEC. 3112. WASTE GAS UTILIZATION. tion, or minor construction of the Laboratory Department. Subtitle F of title IX of the Energy Policy Act infrastructure. ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— of 2005 (42 U.S.C. 16291 et seq.) is further (2) PRIORITIZATION.—The Director shall There are authorized to be appropriated to the amended by adding at the end the following: prioritize innovative experiments and proposals Secretary for activities under this section— proposed by scientists and researchers at the ‘‘(1) $275,000,000 for fiscal year 2021, of which ‘‘SEC. 970E. WASTE GAS UTILIZATION. National Energy Technology Laboratory. $15,000,000 are authorized to carry out sub- ‘‘The Secretary shall carry out a program of (3) ANNUAL REPORT ON USE OF AUTHORITY.— section (e) and of which $200,000,000 are author- research, development, and demonstration for Not later than March 1 of each year, the Sec- ized to carry out subsection (f); waste gas utilization. The program shall— ‘‘(2) $263,000,000 for fiscal year 2022, of which ‘‘(1) identify and evaluate novel uses for light retary shall submit to the Committee on Science, $200,000,000 are authorized to carry out sub- hydrocarbons, such as methane, ethane, pro- Space, and Technology of the House of Rep- section (f); pane, butane, pentane, and hexane, produced resentatives and the Committee on Energy and ‘‘(3) $266,150,000 for fiscal year 2023, of which during oil and shale gas production, including Natural Resources of the Senate a report on the $200,000,000 are authorized to carry out sub- the production of chemicals or transportation use of the authority under this subsection dur- section (f); fuels; ing the preceding fiscal year. ‘‘(4) $269,458,000 for fiscal year 2024, of which ‘‘(2) develop advanced gas conversion tech- (c) LABORATORY OPERATIONS.—The Secretary $200,000,000 are authorized to carry out sub- nologies that are modular and compact, and shall delegate human resources operations of section (f); and may leverage advanced manufacturing tech- the National Energy Technology Laboratory to ‘‘(5) $272,930,000 for fiscal year 2025, of which nologies; the Director of the National Energy Technology $200,000,000 are authorized to carry out sub- ‘‘(3) support demonstration activities at oper- Laboratory. section (f).’’. ating oil and gas facilities to test the perform- (d) REVIEW.—Not later than 2 years after the date of enactment of this Act, the Secretary SEC. 3111. METHANE LEAK DETECTION AND MITI- ance and cost-effectiveness of new gas conver- GATION. sion technologies; and shall submit to the Committee on Science, Space, Subtitle F of title IX of the Energy Policy Act ‘‘(4) assess and monitor potential changes in and Technology of the House of Representatives of 2005 (42 U.S.C. 16291 et seq.) is further life cycle greenhouse gas emissions that may re- and the Committee on Energy and Natural Re- amended by adding at the end the following: sult from the use of technologies developed sources of the Senate a report assessing the Na- tional Energy Technology Laboratory’s manage- ‘‘SEC. 970D. METHANE LEAK DETECTION AND under this program.’’. MITIGATION. SEC. 3113. NATIONAL ENERGY TECHNOLOGY LAB- ment and research. The report shall include— (1) an assessment of the quality of science and ‘‘(a) IN GENERAL.—The Secretary, in consulta- ORATORY REFORMS. tion with the Administrator of the Environ- (a) SPECIAL HIRING AUTHORITY FOR SCI- research at the National Energy Technology mental Protection Agency and other appropriate ENTIFIC, ENGINEERING, AND PROJECT MANAGE- Laboratory relative to similar work at other na- Federal agencies, shall carry out a program of MENT PERSONNEL.— tional laboratories; methane leak detection and mitigation research, (1) IN GENERAL.—The Director of the National (2) a review of the effectiveness of authorities development, demonstration, and commercial Energy Technology Laboratory shall have the provided in subsections (a) and (b); and application for technologies and methods that authority to— (3) recommendations for policy changes within significantly reduce emissions. In carrying out (A) make appointments to positions in the the Department and legislative changes to pro- the program, the Secretary shall— Laboratory to assist in meeting a specific project vide the National Energy Technology Labora- ‘‘(1) develop cooperative agreements with or research need, without regard to civil service tory the necessary tools and resources to ad- State or local governments or private entities to laws, of individuals who— vance its research mission. provide technical assistance to— (i) have an advanced scientific or engineering SEC. 3114. CLIMATE SOLUTIONS CHALLENGES. ‘‘(A) prevent or respond to methane leaks, in- background; or (a) AUTHORITY.—Not later than 180 days after cluding detection, mitigation, and identification (ii) have a business background and can assist the date of enactment of this Act, the Secretary of leaks throughout the natural gas infrastruc- in specific technology-to-market needs; of Energy shall establish a program to be known ture (which includes natural gas storage, pipe- (B) fix the basic pay of any employee ap- as ‘‘Fossil Energy Climate Solutions Chal- lines, and natural gas production sites); and pointed under this section at a rate not to ex- lenges’’ for carrying out prize competitions de- ‘‘(B) protect public health in the event of a ceed level II of the Executive Schedule; and scribed under subsection (d) pursuant to section major methane leak; (C) pay any employee appointed under this 24 of the Stevenson-Wydler Technology Innova- ‘‘(2) promote demonstration and adoption of section payments in addition to basic pay, ex- tion Act of 1980 (15 U.S.C. 3719) relating to the effective methane emissions-reduction tech- cept that the total amount of additional pay- climate and energy. nologies in the private sector; ments paid to an employee under this subsection (b) PRIZE COMMITTEES.—

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(1) IN GENERAL.—The Secretary shall assemble a citizen or permanent resident of the United (2) by adding at the end the following new a prize committee that shall define the scope States. paragraphs: and detail of, and provide the requirements for, (f) COMPLETION OF PRIZE COMPETITIONS.— ‘‘(2) A holder of a certificate of public conven- the prize competitions under this section. Such The prize competitions carried out under this ience and necessity may not exercise the right of committee may be composed of— section shall be completed not later than the eminent domain under paragraph (1) unless the (A) members from the Office of Fossil Energy, date that is 5 years after the program is estab- holder— Advanced Research Projects Energy, Office of lished under subsection (a). ‘‘(A) obtains all Federal and State permits re- Technology Transitions, or other offices that (g) AUTHORIZATION OF APPROPRIATIONS.— quired by law for the construction and oper- most appropriately corresponds with the topic of There is authorized to be appropriated ation of pipeline facilities; the prize competition; and $15,000,000 to carry out this section, to remain ‘‘(B) complies with all environmental condi- (B) representatives of any other entities, as available until expended. tions appended to the certificate order; and determined appropriate by the Secretary, in- ‘‘(C) is in compliance with subsection (i)(2). Subtitle B—Controlling Methane Leaks ‘‘(3) A holder of a certificate of public conven- cluding other Federal agencies, State and local SEC. 3201. IMPROVING THE NATURAL GAS DIS- ience and necessity shall be suspended from the governments, and the private sector. TRIBUTION SYSTEM. exercise of the right of eminent domain under (2) DEFINING TOPIC AREAS.—The prize com- (a) PROGRAM.—The Secretary of Energy shall paragraph (1)— mittee may modify and define the scope of the establish a grant program to provide financial ‘‘(A) if the holder requests a material amend- prize areas described under subsection (c), so assistance to States to offset the incremental ment to the certificate, until such time as the long as such modification is in accordance with rate increases paid by low-income households conditions in paragraph (4) are satisfied; or descriptions in such subsection. resulting from the implementation of infrastruc- ‘‘(B) if a Federal or State permit held by the (3) INCENTIVE FOR PRIZE COMPETITION.—The ture replacement, repair, and maintenance pro- holder is vacated or remanded, until such time prize committee for each prize competition shall grams that are approved by the rate-setting en- as— determine the incentive for the prize competi- tity and designed to accelerate the necessary re- ‘‘(i) all vacated or remanded permits are rein- tion. In determining the incentive, the committee placement, repair, or maintenance of natural stated or reissued to the holder; and shall consider— gas distribution systems. ‘‘(ii) the holder complies with all environ- (A) a cash prize; mental conditions appended to the certificate (b) DATE OF ELIGIBILITY.—Awards may be (B) access to Government facilities, such as provided under this section to offset rate in- order. through a lab-embedded entrepreneurship pro- ‘‘(4) A holder of a certificate of public conven- creases described in subsection (a) occurring on gram of the Department of Energy, a coopera- ience and necessity who requests a material or after the date of enactment of this Act. tive research and development agreement, or amendment to the certificate and has the exer- (c) PRIORITIZATION.—The Secretary shall col- other method; cise of the right of eminent domain suspended laborate with States to prioritize the distribution (C) advance market commitments for tech- under paragraph (3)(A) may not commence a of grants made under this section. At a min- nologies of use or promise to the Federal Gov- new action or proceeding to exercise the right of imum, the Secretary shall consider prioritizing ernment; and eminent domain under paragraph (1) until such the distribution of grants to States which have— (D) any other incentive provided for by law. time as— (1) authorized or adopted enhanced infra- (4) JUDGING CRITERIA.—The prize committee ‘‘(A) the Commission issues an amended cer- for each prize competition shall establish judg- structure replacement programs or innovative tificate of public convenience and necessity; and ing criteria for the competition that shall in- rate recovery mechanisms, such as infrastruc- ‘‘(B) the holder— clude, at a minimum— ture cost trackers and riders, infrastructure base ‘‘(i) obtains all additional Federal and State (A) potential for the solution to become a com- rate surcharges, deferred regulatory asset pro- permits required by law pursuant to the amend- mercial product or service or advance knowledge grams, and earnings stability mechanisms; and ed certificate; and to further the public good; (2) a viable means for delivering financial as- ‘‘(ii) complies with all environmental condi- (B) consideration of how likely the solution is sistance to low-income households. tions appended to the amended certificate to lead to subsequent research, development, de- (d) AUDITING AND REPORTING REQUIRE- order.’’. ployment, or manufacturing in the United MENTS.—The Secretary shall establish auditing (b) ACCESS FOR SURVEYS.—Section 7 of the States; and reporting requirements for States with re- Natural Gas Act (15 U.S.C. 717f) is further (C) the degree to which the solution will lower spect to the performance of eligible projects amended by adding at the end the following: the climate footprint of the United States; and funded pursuant to grants awarded under this ‘‘(i)(1) For purposes of subsection (h), the ex- (D) the degree to which the solution will lower section. ercise of the right of eminent domain does not the global climate footprint. (e) PREVAILING WAGES.—All laborers and me- include accessing property for purposes of sur- (5) CONSIDERATION.—In carrying out this sec- chanics employed by contractors or subcontrac- veying prior to acquiring the property, except in tion, the committee shall take into consideration tors in the performance of construction, alter- accordance with paragraph (2). the best practices provided for in the challenges ation, or repair work assisted, in whole or in ‘‘(2) If a holder of a certificate of public con- and prizes toolkit made publicly available on part, by a grant under this section shall be paid venience and necessity is unable to agree with December 15, 2016, by the General Services Ad- wages at rates not less than those prevailing on the owner of property on access to the property ministration. similar construction in the locality as deter- for purposes of surveying, the holder shall enter (c) PRIZE COMPETITIONS.—In carrying out the mined by the Secretary of Labor in accordance into the dispute resolution process of the Com- program, the Secretary shall offer prize awards with subchapter IV of chapter 31 of title 40. mission. If dispute resolution fails, or if the for any of the following: With respect to the labor standards in this sub- property owner refuses to participate in such (1) Solutions to capture carbon emissions from section, the Secretary of Labor shall have the process, the Commission may, upon a showing sources that would otherwise be emitted to the authority and functions set forth in Reorganiza- by the holder of documented repeated, good atmosphere. tion Plan Numbered 14 of 1950 (64 Stat. 1267; 5 faith efforts to work with the property owner to (2) Solutions to convert carbon emissions to a U.S.C. App.) and section 3145 of title 40. agree on such access, issue an order declaring beneficial use that does not result in near-term (f) DEFINITIONS.—In this section: that, upon a court order, for purposes of the rel- re-release into the atmosphere, unless such re- (1) INNOVATIVE RATE RECOVERY MECHA- evant certificate and with respect to the rel- release offsets the emission of additional carbon NISMS.—The term ‘‘innovative rate recovery evant property, the exercise of the right of emi- into the atmosphere, such that the net effect of mechanisms’’ means rate structures that allow nent domain under subsection (h) includes ac- the solution is to reduce the overall amount of State public utility commissions to modify tariffs cessing the property, in a limited, non-land-dis- carbon being emitted to the atmosphere. and recover costs of investments in utility re- turbing manner, for purposes of surveying prior (3) Other solutions that have potential to placement incurred between rate cases. to acquiring the property.’’. achieve reduction in greenhouse gas emissions (2) LOW-INCOME HOUSEHOLD.—The term ‘‘low- (c) EFFECTIVE DATE.—The amendments made associated with fossil-based energy production. income household’’ means a household that is by this subtitle shall apply— (1) to any action or proceeding for eminent (d) ACCEPTANCE OF FUNDS.—In addition to eligible to receive payments under section such sums as may be appropriated or otherwise 2605(b)(2) of the Low-Income Home Energy As- domain under section 7(h)(1) of the Natural Gas made available to the Secretary to award prizes sistance Act of 1981 (42 U.S.C. 8624(b)(2)). Act, as amended by this subtitle, commencing on under this section, the Secretary may accept (g) AUTHORIZATION OF APPROPRIATIONS.— or after the date of enactment of this Act; and (2) to any request for a material amendment to funds from other Federal agencies, private sec- There are authorized to be appropriated to the a certificate of public convenience and necessity tor entities, and State and local governments to Secretary to carry out this section $250,000,000 occurring on or after the date of enactment of award prizes under this section. The Secretary in each of fiscal years 2021 through 2025. this Act. may not give any special consideration relating Subtitle C—Eminent Domain Reform TITLE IV—NUCLEAR ENERGY to the selection of awards under the prize com- SEC. 3301. MODIFICATIONS TO EXERCISE OF THE petition to any private sector entity or indi- RIGHT OF EMINENT DOMAIN BY Subtitle A—Advanced Nuclear Fuel vidual in return for a donation to the Secretary HOLDER OF A CERTIFICATE OF PUB- Availability or prize committee. LIC CONVENIENCE AND NECESSITY. SECTION 4101. PROGRAM. (e) ELIGIBILITY.—Notwithstanding section (a) REQUIREMENT.—Section 7(h) of the Nat- (a) ESTABLISHMENT.—The Secretary shall es- 24(g)(3) of the Stevenson-Wydler Technology In- ural Gas Act (15 U.S.C. 717f(h)) is amended— tablish and carry out, through the Office of Nu- novation Act of 1980 (15 U.S.C. 3719(g)(3)), a (1) by striking ‘‘When any holder’’ and insert- clear Energy, a program to support the avail- group may be eligible for an award under this ing the following: ‘‘ (1) Subject to paragraph (2), ability of HA–LEU for civilian domestic dem- section if one or more members of such group is when any holder’’; and onstration and commercial use.

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(b) PROGRAM ELEMENTS.—In carrying out the amounts that are consistent, to the extent prac- Secretary under the program described in sec- program under subsection (a), the Secretary— ticable, with— tion 4101(a). (1) shall develop, in consultation with the (A) the quantities estimated under the surveys (2) COORDINATION AND STAKEHOLDER INPUT.— Commission, criticality benchmark data to assist conducted under paragraph (5); plus In developing the report under this subsection, the Commission in— (B) the quantities necessary for demonstration the Secretary shall consult with— (A) the licensing and regulation of category II projects carried out under the program, as deter- (A) the Nuclear Regulatory Commission; spent nuclear material fuel fabrication and en- mined by the Secretary; and (B) the National Nuclear Security Administra- richment facilities under part 70 of title 10, Code (9) shall, for advanced reactor demonstration tion; of Federal Regulations; and projects, determine awardees of HA-LEU under (C) the National Laboratories; (B) certification of transportation packages this subtitle through a merit-based, competitive (D) institutions of higher education; under part 71 of title 10, Code of Federal Regu- selection process. (E) a diverse group of entities from the nu- lations; (c) APPLICABILITY OF USEC PRIVATIZATION clear energy industry; (2) may conduct research and development, ACT.— (F) a diverse group of technology developers; and provide financial assistance to assist com- (1) SALE OR TRANSFER TO CONSORTIUM.—The (G) experts in nuclear nonproliferation, envi- mercial entities, to design and license transpor- requirements of subparagraphs (A) and (C) of ronmental safety, public health and safety, and tation packages for HA–LEU, including can- section 3112(d)(2) of the USEC Privatization Act economics; and isters for metal, gas, and other HA–LEU com- (42 U.S.C. 2297h–10(d)(2)) shall apply to a sale (H) members of the consortium created under positions; or transfer of HA–LEU for commercial use by section 4101(b)(6). (3) shall, to the extent practicable— the Secretary to a member of the consortium (3) COST AND SCHEDULE ESTIMATES.—The re- (A) by January 1, 2024, have commercial enti- under this section. port under this subsection shall include esti- ties submit such transportation package designs (2) DEMONSTRATION.—HA-LEU made avail- mated costs, budgets, and timeframes for all ac- to the Commission for certification by the Com- able to members of the consortium established tivities carried out under this subtitle. mission under part 71 of title 10, Code of Federal pursuant to subsection (b)(6) for demonstration (4) REQUIRED EVALUATIONS.—The report Regulations; and projects shall remain the property of the Depart- under this subsection shall evaluate— (B) encourage the Commission to have such ment, which shall be responsible for the storage, (A) the actions required to establish and carry transportation package designs so certified by use, and disposition of all radioactive waste cre- out the program under section 4101(a) and the the Commission by January 1, 2026; ated by the irradiation, processing, or purifi- cost of such actions, including with respect to— (4) shall consider options for acquiring or pro- cation of such uranium, and shall not be treated (i) proposed preliminary terms for contracting viding HA-LEU from a stockpile of uranium as a sale or transfer of uranium subject to sec- between the Department and recipients of HA- owned by the Department, or using enrichment tions 3112 and 3113 of the USEC Privatization LEU under the program (including guidelines technology, to make available to members of the Act (42 U.S.C. 2297h–10; 42 U.S.C. 2297h–11). defining the roles and responsibilities between consortium established pursuant to paragraph (d) DOE ACQUISITION OF HA–LEU.—The Sec- the Department and the recipient); and (6) for commercial use or demonstration projects, retary may not make commitments under this (ii) the potential to coordinate with recipients taking into account cost and amount of time re- section (including cooperative agreements (used of HA-LEU under the program regarding— quired, and prioritizing methods that would in accordance with section 6305 of title 31, (I) fuel fabrication; and produce usable HA-LEU the quickest, including United States Code), purchase agreements, (II) fuel transport; options for acquiring or providing HA-LEU— guarantees, leases, service contracts, or any (B) the potential sources and fuel forms avail- (A) that— other type of commitment) for the purchase or able to provide uranium for the program under (i) directly meets the needs of an end user; other acquisition of HA–LEU unless funds are section 4101(a); and specifically provided for such purposes in ad- (C) options to coordinate the program under (ii) has been previously used or fabricated for vance in subsequent appropriations Acts, and section 4101(a) with the operation of the another purpose; only to the extent that the full extent of antici- versatile, reactor-based fast neutron source (B) that meets the needs of an end user after pated costs stemming from such commitments is under section 959A of the Energy Policy Act of having radioactive or other contaminants that recorded as an obligation up front and in full at 2005 (as added by this title); resulted from a previous use or fabrication of the time it is made. (D) the ability of uranium producers to pro- the fuel for research, development, demonstra- (e) SUNSET.—The authority of the Secretary to vide materials for advanced nuclear reactor tion, or deployment activities of the Department carry out the program under this section shall fuel; removed; expire on the earlier of— (E) any associated legal, regulatory, and pol- (C) that is produced from high-enriched ura- (1) September 30, 2034; or icy issues that should be addressed to enable— nium that is blended with lower assay uranium (2) 90 days after the date on which HA-LEU (i) implementation of the program under sec- to become HA–LEU to meet the needs of an end is available to provide a reliable and adequate tion 4101(a); and user; or supply for civilian domestic advanced nuclear (ii) the establishment of an industry capable (D) that is produced by United States or for- reactors in the commercial market. of providing HA–LEU; and eign-owned commercial entities; (f) LIMITATION.—The Secretary shall not bar- (F) any research and development plans to de- (5) not later than 1 year after the date of enter or otherwise sell or transfer uranium in any velop criticality benchmark data under section actment of this Act, and biennially thereafter, form in exchange for services relating to the 4101(b)(1), if needed. shall conduct a survey of stakeholders to esti- final disposition of radioactive waste from ura- (c) ALTERNATE FUELS REPORT.—Not later mate the quantity of HA–LEU necessary for do- nium that is made available under this section. than 180 days after the date of enactment of this mestic commercial use for each of the 5 subse- Act, the Secretary shall, after consulting with SEC. 4102. REPORTS TO CONGRESS. quent years; relevant entities, including National Labora- (a) COMMISSION REPORT ON NECESSARY REGU- (6) shall establish a consortium, which may tories, institutions of higher education, and LATORY UPDATES.—Not later than 12 months include entities involved in any stage of the nu- technology developers, submit to Congress a re- after the date of enactment of this Act, the Com- clear fuel cycle, to partner with the Department port identifying any and all options for pro- mission shall submit to Congress a report that to support the availability of HA–LEU for civil- viding nuclear material, containing isotopes includes— ian domestic demonstration and commercial use, other than the uranium-235 isotope, such as (1) identification of updates to regulations, including by— uranium-233 and thorium-232 to be used as fuel certifications, and other regulatory policies that (A) providing information to the Secretary for for advanced nuclear reactor research, develop- the Commission determines are necessary in purposes of surveys conducted under paragraph ment, demonstration, or commercial application order for HA–LEU to be commercially available, (5); purposes. (B) purchasing HA–LEU made available to including— members of the consortium by the Secretary (A) guidance for material control and ac- SEC. 4103. AUTHORIZATION OF APPROPRIATIONS. under the program; and countability of category II special nuclear mate- There are authorized to be appropriated to (C) carrying out demonstration projects using rial; carry out this subtitle— HA-LEU awarded by the Secretary under the (B) certifications relating to transportation (1) $31,500,000 for fiscal year 2021; program; packaging for HA–LEU; and (2) $33,075,000 for fiscal year 2022; (7) shall, prior to acquiring or providing HA– (C) licensing of enrichment, conversion, and (3) $34,728,750 for fiscal year 2023; LEU under paragraph (8), in coordination with fuel fabrication facilities for HA–LEU, and asso- (4) $36,465,188 for fiscal year 2024; and the consortium established pursuant to para- ciated physical security plans for such facilities; (5) $38,288,447 for fiscal year 2025. graph (6), develop a schedule for cost recovery (2) a description of such updates; and SEC. 4104. DEFINITIONS. of HA–LEU made available to members of the (3) a timeline to complete such updates. In this subtitle: consortium using HA–LEU for commercial use (b) DOE REPORT ON PROGRAM TO SUPPORT (1) COMMISSION.—The term ‘‘Commission’’ pursuant to paragraph (8); THE AVAILABILITY OF HA–LEU FOR CIVILIAN means the Nuclear Regulatory Commission. (8) shall, beginning not later than 3 years DOMESTIC DEMONSTRATION AND COMMERCIAL (2) DEPARTMENT.—The term ‘‘Department’’ after the establishment of a consortium under USE.— means Department of Energy. paragraph (6), have the capability to acquire or (1) IN GENERAL.—Not later than 180 days after (3) HA–LEU.—The term ‘‘HA–LEU’’ means provide HA–LEU, in order to make such HA– the date of enactment of this section, the Sec- high-assay low-enriched uranium. LEU available to members of the consortium be- retary shall submit to Congress a report that de- (4) HIGH-ASSAY LOW-ENRICHED URANIUM.—The ginning not later than January 1, 2026, in scribes actions proposed to be carried out by the term ‘‘high-assay low-enriched uranium’’ means

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00095 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4814 CONGRESSIONAL RECORD — HOUSE September 23, 2020 uranium having an assay greater than 5.0 Secretary to carry out the program under this sector and individuals who are experts in nu- weight percent and less than 20.0 weight percent subsection— clear non-proliferation, environmental and pub- enrichment of the uranium-235 isotope. ‘‘(A) $55,000,000 for fiscal year 2021; lic health and safety, and economics to advance (5) HIGH-ENRICHED URANIUM.—The term ‘‘(B) $57,750,000 for fiscal year 2022; the development of various designs of advanced ‘‘high-enriched uranium’’ means uranium with ‘‘(C) $60,637,500 for fiscal year 2023; nuclear reactors. an assay of 20.0 weight percent enrichment or ‘‘(D) $63,669,375 for fiscal year 2024; and ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— more of the uranium-235 isotope. ‘‘(E) $66,852,844 for fiscal year 2025. There are authorized to be appropriated to the (6) SECRETARY.—The term ‘‘Secretary’’ means ‘‘(b) ADVANCED REACTOR TECHNOLOGIES.— Secretary to carry out the program under this the Secretary of Energy. ‘‘(1) IN GENERAL.—The Secretary shall carry subsection $55,000,000 for each of fiscal years out a program of research, development, dem- Subtitle B—Nuclear Energy Leadership Act 2021 through 2025. onstration, and commercial application to sup- ‘‘(c) NUCLEAR HYBRID ENERGY SYSTEMS RE- SEC. 4201. DEFINITIONS. port advanced reactor technologies. SEARCH, DEVELOPMENT, DEMONSTRATION, AND Section 951(b) of the Energy Policy Act of 2005 ‘‘(2) REQUIREMENTS.—In carrying out the pro- COMMERCIAL APPLICATION PROGRAM.— (42 U.S.C. 16271(b)) is amended— gram under this subsection, the Secretary ‘‘(1) IN GENERAL.—The Secretary shall carry (1) by amending paragraph (1) to read as fol- shall— out a program of research, development, dem- lows: ‘‘(A) prioritize designs for advanced nuclear onstration, and commercial application to de- ‘‘(1) ADVANCED NUCLEAR REACTOR.—The term reactors that are proliferation resistant and pas- ‘advanced nuclear reactor’ means— velop nuclear hybrid energy systems, composed sively safe, including designs that, compared to of 2 or more colocated or jointly operated sub- ‘‘(A) a nuclear fission reactor, including a reactors operating on the date of enactment of prototype plant (as defined in sections 50.2 and systems of energy generation, energy storage, or the Clean Economy Jobs and Innovation Act— other technologies and in which not less than 1 52.1 of title 10, Code of Federal Regulations (or ‘‘(i) are economically competitive with other such subsystem is a nuclear energy system, to successor regulations)), with significant im- electric power generation plants; reduce greenhouse gas emissions in both the provements compared to reactors operating on ‘‘(ii) have higher efficiency, lower cost, less power and nonpower sectors. the date of enactment of the Clean Economy environmental impacts, increased resilience, and ‘‘(2) COORDINATION.—In carrying out the pro- Jobs and Innovation Act, including improve- improved safety; gram under paragraph (1), the Secretary shall ments such as— ‘‘(iii) use fuels that are proliferation-resistant coordinate with relevant program offices within ‘‘(i) additional inherent safety features; and have reduced production of high-level the Department of Energy. ‘‘(ii) lower waste yields; waste per unit of output; and ‘‘(iii) improved fuel and material performance; ‘‘(iv) use advanced instrumentation and moni- ‘‘(3) FOCUS AREAS.—The program under para- ‘‘(iv) increased tolerance to loss of fuel cool- toring systems; graph (1) may include research, development, ing; ‘‘(B) consult with the Nuclear Regulatory demonstration, or commercial application of nu- ‘‘(v) enhanced reliability; Commission on appropriate metrics to consider clear hybrid energy systems with respect to— ‘‘(vi) increased proliferation resistance; for the criteria specified in subparagraph (A); ‘‘(A) desalination of water; ‘‘(vii) increased thermal efficiency; ‘‘(C) support research and development to re- ‘‘(B) hydrogen or other liquid and gaseous ‘‘(viii) reduced consumption of cooling water solve materials challenges relating to extreme fuel or chemical production; and other environmental impacts; environments, including environments that con- ‘‘(C) heat for industrial processes; ‘‘(ix) the ability to integrate into electric ap- tain high levels of— ‘‘(D) district heating; plications and nonelectric applications; ‘‘(i) radiation fluence; ‘‘(E) heat or electricity generation and stor- ‘‘(x) modular sizes to allow for deployment ‘‘(ii) temperature; age; that corresponds with the demand for electricity ‘‘(iii) pressure; and ‘‘(F) carbon capture, use, utilization, and or process heat; ‘‘(iv) corrosion; storage; ‘‘(xi) operational flexibility to respond to ‘‘(D) support research and development to aid ‘‘(G) microgrid or island applications; changes in demand for electricity or process in the qualification of advanced fuels, including ‘‘(H) integrated systems modeling, analysis, heat and to complement integration with inter- fabrication techniques; and optimization, inclusive of different configu- mittent renewable energy or energy storage; or ‘‘(E) support activities that address near-term rations of hybrid energy systems; and ‘‘(xii) improved resilience; and challenges in modeling and simulation to enable ‘‘(I) integrated design, planning, building, ‘‘(B) a fusion reactor.’’; and accelerated design of and licensing of advanced and operation of systems with existing infra- (2) by adding at the end the following: nuclear reactors, including the identification of structure, including interconnection require- ‘‘(7) INSTITUTION OF HIGHER EDUCATION.—The tools and methodologies for validating such ments with the electric grid, as appropriate. term ‘institution of higher education’ has the modeling and simulation efforts; ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— meaning given the term in section 101(a) of the ‘‘(F) develop technologies, including tech- There are authorized to be appropriated to the Higher Education Act of 1965 (20 U.S.C. nologies to manage, reduce, or reuse nuclear Secretary to carry out the program under this 1001(a)).’’. waste; subsection— SEC. 4202. NUCLEAR ENERGY RESEARCH, DEVEL- ‘‘(G) ensure that nuclear research infrastruc- ‘‘(A) $52,500,000 for fiscal year 2021; OPMENT, DEMONSTRATION, AND ture is maintained or constructed, including— ‘‘(B) $55,125,000 for fiscal year 2022; COMMERCIAL APPLICATION PRO- ‘‘(i) currently operational research reactors at ‘‘(C) $57,881,250 for fiscal year 2023; GRAMS. the National Laboratories and institutions of ‘‘(D) $60,775,313 for fiscal year 2024; and (a) REACTOR CONCEPTS RESEARCH, DEVELOP- higher education; ‘‘(E) $63,814,078 for fiscal year 2025.’’. MENT, AND DEMONSTRATION.—Section 952 of the ‘‘(ii) hot cell research facilities; (b) FUEL CYCLE RESEARCH AND DEVELOP- Energy Policy Act of 2005 (42 U.S.C. 16272) is ‘‘(iii) a versatile fast neutron source; and MENT.—Section 953 of the Energy Policy Act of amended to read as follows: ‘‘(iv) advanced coolant testing facilities, in- 2005 (42 U.S.C. 16273) is amended to read as fol- ‘‘SEC. 952. REACTOR CONCEPTS RESEARCH, DE- cluding coolants such as lead, sodium, gas, and lows: VELOPMENT, DEMONSTRATION, AND molten salt; ‘‘SEC. 953. FUEL CYCLE RESEARCH, DEVELOP- COMMERCIAL APPLICATION. ‘‘(H) improve scientific understanding of MENT, DEMONSTRATION, AND COM- ‘‘(a) SUSTAINABILITY PROGRAM FOR LIGHT nonlight water coolant physics and chemistry; MERCIAL APPLICATION. WATER REACTORS.— ‘‘(I) develop advanced sensors and control ‘‘(a) USED NUCLEAR FUEL RESEARCH, DEVEL- ‘‘(1) IN GENERAL.—The Secretary shall carry systems, including the identification of tools OPMENT, DEMONSTRATION, AND COMMERCIAL AP- out a program of research, development, dem- and methodologies for validating such sensors PLICATION.— onstration, and commercial application to sup- and systems; ‘‘(1) IN GENERAL.—The Secretary shall con- port existing operating nuclear power plants ‘‘(J) investigate advanced manufacturing and duct an advanced fuel cycle research, develop- which shall address technologies to modernize advanced construction techniques and materials ment, demonstration, and commercial applica- and improve, with respect to such plants— to reduce the cost of advanced nuclear reactors, tion program that improves fuel cycle perform- ‘‘(A) reliability; including the use of digital twins and of strate- ance and supports a variety of options for used ‘‘(B) capacity; gies to implement project and construction man- nuclear fuel storage, use, and disposal, includ- ‘‘(C) component aging; agement best practices, and study the effects of ing advanced nuclear reactor and non-reactor ‘‘(D) safety; radiation and corrosion on materials created concepts (such as radioisotope power systems), ‘‘(E) physical security and security costs; with these techniques; while minimizing environmental and public ‘‘(F) plant lifetime; ‘‘(K) consult with the Administrator of the health and safety impacts, including— ‘‘(G) operations and maintenance costs, in- National Nuclear Security Administration to in- ‘‘(A) dry cask storage; cluding by utilizing risk-informed systems anal- tegrate reactor safeguards and security into de- ‘‘(B) consolidated interim storage; ysis; sign; ‘‘(C) deep geological storage and disposal, in- ‘‘(H) the ability for plants to operate flexibly; ‘‘(L) support efforts to reduce any technical cluding mined repository, and other tech- ‘‘(I) nuclear hybrid energy system applica- barriers that would prevent commercial applica- nologies; tions described in subsection (c); tion of advanced nuclear energy systems; and ‘‘(D) used nuclear fuel transportation; ‘‘(J) efficiency; ‘‘(M) develop various safety analyses and ‘‘(E) integrated waste management systems; ‘‘(K) environmental impacts; and emergency preparedness and response meth- ‘‘(F) vitrification; ‘‘(L) resilience. odologies. ‘‘(G) fuel recycling and transmutation tech- ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) COORDINATION.—The Secretary shall co- nologies, including advanced reprocessing tech- There are authorized to be appropriated to the ordinate with individuals engaged in the private nologies such as electrochemical and molten salt

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00096 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4815 technologies, and advanced redox extraction (3) in subsection (c), by redesignating para- ‘‘Sec. 954. Nuclear science and engineering sup- technologies; graphs (1) and (2) as subparagraphs (A) and port.’’. ‘‘(H) advanced materials to be used in sub- (B), respectively, and indenting appropriately; (e) UNIVERSITY NUCLEAR LEADERSHIP PRO- paragraphs (A) through (G); and (4) in subsection (d)— GRAM.—Section 313 of the Omnibus Appropria- ‘‘(I) other areas as determined by the Sec- (A) in the matter preceding paragraph (1), by tions Act, 2009 (42 U.S.C. 16274a), is amended to retary. striking ‘‘this section’’ and inserting ‘‘this sub- read as follows: ‘‘(2) REQUIREMENTS.—In carrying out the pro- section’’; and ‘‘SEC. 313. UNIVERSITY NUCLEAR LEADERSHIP gram under this subsection, the Secretary (B) by redesignating paragraphs (1) through PROGRAM. shall— (4) as subparagraphs (A) through (D), respec- ‘‘(a) IN GENERAL.—In carrying out section 954 ‘‘(A) ensure all activities and designs incor- tively, and indenting appropriately; of the Energy Policy Act of 2005 (42 U.S.C. porate state of the art safeguards technologies (5) in subsection (e), by striking ‘‘this section’’ 16274), the Secretary of Energy shall support a and techniques to reduce risk of proliferation; and inserting ‘‘this subsection’’; program to be known as the University Nuclear ‘‘(B) consult with the Administrator of the (6) in subsection (f)— Leadership Program (in this section referred to National Nuclear Security Administration to in- (A) by striking ‘‘this section’’ and inserting as the ‘Program’). tegrate safeguards and security by design; ‘‘this subsection’’; and ‘‘(b) USE OF FUNDS.— ‘‘(C) consider the potential benefits and other (B) by striking ‘‘subsection (b)(2)’’ and insert- ‘‘(1) IN GENERAL.—Except as provided in para- impacts of those activities for civilian nuclear ing ‘‘paragraph (2)(B)’’; graph (2), amounts made available to carry out applications, environmental health and safety, (7) by redesignating subsections (a) through the Program shall be used to provide financial and national security, including consideration (d) as paragraphs (1) through (4), respectively, assistance for scholarships, fellowships, and re- of public consent; and and indenting appropriately; search and development projects at institutions ‘‘(D) consider the economic viability of all ac- (8) by redesignating subsections (e) and (f) as of higher education with respect to research, de- tivities and designs. paragraphs (7) and (8), respectively; velopment, demonstration, and commercial ap- ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— (9) by inserting after paragraph (4) (as so re- plication activities relevant to civilian advanced There are authorized to be appropriated to the designated) the following: nuclear reactors including, but not limited to— Secretary to carry out the program under this ‘‘(5) RADIOLOGICAL FACILITIES MANAGEMENT.— ‘‘(A) relevant fuel cycle technologies; subsection— ‘‘(A) IN GENERAL.—The Secretary shall carry ‘‘(B) project management; and ‘‘(A) $91,875,000 for fiscal year 2021; out a program under which the Secretary shall ‘‘(C) advanced construction, manufacturing, ‘‘(B) $96,468,750 for fiscal year 2022; provide project management, technical support, and fabrication methods. ‘‘(C) $101,292,188 for fiscal year 2023; quality engineering and inspection, and nuclear ‘‘(2) EXCEPTION.—Notwithstanding paragraph ‘‘(D) $106,356,797 for fiscal year 2024; and material handling support to research reactors (1), amounts made available to carry out the ‘‘(E) $111,674,637 for fiscal year 2025. located at universities. Program may be used to provide financial assist- ‘‘(b) ADVANCED FUELS.— ‘‘(B) AUTHORIZATION OF APPROPRIATIONS.—Of ance for a scholarship, fellowship, or multiyear ‘‘(1) IN GENERAL.—The Secretary shall con- any amounts appropriated to carry out the pro- research and development project that does not duct an advanced fuels research, development, gram under this subsection, there are authorized align directly with a programmatic mission of demonstration, and commercial application pro- to be appropriated to the Secretary to carry out the Department of Energy, if the activity for gram on next-generation light water reactor and the program under this paragraph $20,000,000 which assistance is provided would facilitate the advanced reactor fuels that demonstrate the po- for each of fiscal years 2021 through 2030. maintenance of the discipline of nuclear science tential for improved— ‘‘(6) NUCLEAR ENERGY UNIVERSITY PROGRAM.— or nuclear engineering. In carrying out the programs under this section, ‘‘(A) performance; ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) accident tolerance; the Department shall allocate 20 percent of There are authorized to be appropriated ‘‘(C) proliferation resistance; funds appropriated to nuclear energy research $15,000,000 to the Secretary of Energy to carry ‘‘(D) use of resources; and development programs annually to fund out the Program for each of fiscal years 2021 ‘‘(E) environmental impact; and university-led research and university infra- through 2030.’’. ‘‘(F) economics. structure projects through an open, competitive (f) VERSATILE NEUTRON SOURCE.—Section ‘‘(2) REQUIREMENTS.—In carrying out the pro- solicitation process.’’; 955(c) of the Energy Policy Act of 2005 (42 gram under this subsection, the Secretary (10) by inserting before paragraph (1) (as so U.S.C. 16275(c)) is amended— shall— redesignated) the following: (1) in paragraph (1)— ‘‘(A) focus on the development of advanced ‘‘(a) UNIVERSITY NUCLEAR SCIENCE AND ENGI- (A) in the paragraph heading, by striking NEERING SUPPORT.—’’; and technology fuels, including fabrication tech- ‘‘MISSION NEED’’ and inserting ‘‘AUTHORIZA- (11) by adding at the end the following: niques, that offer improved accident-tolerance TION’’; and ‘‘(b) NUCLEAR ENERGY APPRENTICESHIP SUB- and economic performance with the goal of ini- (B) in subparagraph (A), by striking ‘‘deter- PROGRAM.— tial commercial application by December 31, mine the mission need’’ and inserting ‘‘provide’’; ‘‘(1) ESTABLISHMENT.—In carrying out the 2025; and and program under subsection (a), the Secretary ‘‘(B) cooperate with private industry and with (2) by adding at the end the following: shall establish a nuclear energy apprenticeship institutions of higher education through the Nu- ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— clear Energy University and Integrated Re- subprogram under which the Secretary shall There are authorized to be appropriated to the search Projects programs of the Department. competitively award traineeships and appren- Secretary to carry out to completion the con- ‘‘(3) REPORT.—Not later than 180 days after ticeships in coordination with universities to struction of the facility under this section— the date of enactment of this section, the Sec- provide focused, advanced training to meet crit- ‘‘(A) $300,000,000 for fiscal year 2021; retary shall submit to the Committee on Science, ical mission needs of the Department, including ‘‘(B) $550,000,000 for fiscal year 2022; Space, and Technology of the House of Rep- in industries that are represented by skilled ‘‘(C) $638,000,000 for fiscal year 2023; resentatives and the Committee on Energy and labor unions. ‘‘(D) $765,000,000 for fiscal year 2024; and Natural Resources of the Senate a report that ‘‘(2) REQUIREMENTS.—In carrying out the sub- ‘‘(E) $763,000,000 for fiscal year 2025.’’. describes how the technologies and concepts program under this subsection, the Secretary (g) ADVANCED NUCLEAR REACTOR RESEARCH, studied under this program would impact reac- shall— DEVELOPMENT, AND DEMONSTRATION PRO- tor economics, the fuel cycle, operations, safety, ‘‘(A) encourage appropriate partnerships GRAM.— proliferation, and the environment. among National Laboratories, affected univer- (1) IN GENERAL.—Subtitle E of title IX of the ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— sities, and industry; and Energy Policy Act of 2005 (42 U.S.C. 16271 et There are authorized to be appropriated to the ‘‘(B) on an annual basis, evaluate the needs seq.) is amended by adding at the end the fol- Secretary to carry out the program under this of the nuclear energy community to implement lowing: traineeships for focused topical areas addressing subsection— ‘‘SEC. 959A. ADVANCED NUCLEAR REACTOR RE- ‘‘(A) $133,000,000 for fiscal year 2021; mission-specific workforce needs. SEARCH, DEVELOPMENT, DEM- ‘‘(B) $139,650,000 for fiscal year 2022; ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— ONSTRATION, AND COMMERCIAL AP- ‘‘(C) $146,632,500 for fiscal year 2023; There are authorized to be appropriated to the PLICATION PROGRAM. ‘‘(D) $153,964,125 for fiscal year 2024; and Secretary to carry out the subprogram under ‘‘(a) DEMONSTRATION PROJECT DEFINED.—For ‘‘(E) $161,662,331 for fiscal year 2025.’’. this subsection $5,000,000 for each of fiscal years the purposes of this section, the term ‘dem- (c) NUCLEAR SCIENCE AND ENGINEERING SUP- 2021 through 2030.’’. onstration project’ means— PORT.—Section 954 of the Energy Policy Act of (d) CONFORMING AMENDMENT.—The table of ‘‘(1) an advanced nuclear reactor operated for 2005 (42 U.S.C. 16274) is amended— contents of the Energy Policy Act of 2005 (Pub- the purpose of demonstrating the suitability for (1) in the section heading, by striking ‘‘UNI- lic Law 109–58; 119 Stat. 600) is amended by commercial application of the advanced nuclear VERSITY NUCLEAR’’ and inserting ‘‘NUCLEAR’’; striking the items relating to sections 952 reactor— (2) in subsection (b)— through 954 and inserting the following: ‘‘(A) as part of the power generation facilities (A) in the matter preceding paragraph (1), by ‘‘Sec. 952. Reactor concepts research, develop- of an electric utility system; or striking ‘‘this section’’ and inserting ‘‘this sub- ment, demonstration, and com- ‘‘(B) in any other manner; or section’’; and mercial application. ‘‘(2) the operation of one or more experimental (B) by redesignating paragraphs (1) through ‘‘Sec. 953. Fuel cycle research, development, advanced nuclear reactors, for the purpose of (5) as subparagraphs (A) through (E), respec- demonstration, and commercial demonstrating the suitability for commercial ap- tively, and indenting appropriately; application plication of such advanced nuclear reactors.

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‘‘(b) ESTABLISHMENT.—The Secretary shall es- ‘‘(D) potential end users of new technologies ‘‘(1) to coordinate international efforts with tablish a program to advance the research, de- (such as users of high-temperature process heat respect to research, development, demonstration, velopment, demonstration, and commercial ap- for manufacturing processing, including petro- and commercial application of nuclear tech- plication of domestic advanced, affordable, nu- chemical or synthetic fuel companies, manufac- nology that supports diplomatic, nonprolifera- clear energy technologies by— turers of metals or chemicals, or manufacturers tion, climate, and international economic objec- ‘‘(1) demonstrating a variety of advanced nu- of concrete); tives for the safe, secure, and peaceful use of clear reactor technologies that could be used to ‘‘(E) developers of advanced nuclear reactor such technology; and produce— technology; ‘‘(2) to develop collaboration initiatives with ‘‘(A) safer, emissions-free power at a lower ‘‘(F) environmental and public health and respect to such efforts with a variety of coun- cost compared to reactors operating on the date safety experts; and tries through— of enactment of the Clean Economy Jobs and In- ‘‘(G) non-proliferation experts; ‘‘(A) research and development agreements; novation Act; ‘‘(6) seek to ensure that the demonstration ‘‘(B) the development of coordinated action ‘‘(B) heat for community heating, industrial projects carried out under this section do not plans; and purposes, heat storage, or synthetic fuel produc- cause any delay in the progress of an advanced ‘‘(C) new or existing multilateral cooperation tion; reactor project by private industry and the De- commitments including— ‘‘(i) the International Framework for Nuclear ‘‘(C) remote or off-grid energy supply; or partment of Energy that is underway as of the Energy Cooperation; ‘‘(D) backup or mission-critical power sup- date of enactment of this section; ‘‘(ii) the Generation IV International Forum; plies; ‘‘(7) establish a streamlined approval process ‘‘(iii) the International Atomic Energy Agen- ‘‘(2) identifying research areas that the pri- for expedited contracting between awardees and cy; vate sector is unable or unwilling to undertake the Department; ‘‘(iv) the Organization for Economic Co-oper- due to the cost of, or risks associated with, the ‘‘(8) identify technical challenges to candidate ation and Development Nuclear Energy Agency; research; and technologies; and ‘‘(3) facilitating the access of the private sec- ‘‘(9) support near-term research and develop- ‘‘(v) any other international collaborative ef- tor— ment to address the highest risk technical chal- fort with respect to advanced nuclear reactor ‘‘(A) to Federal research facilities and per- lenges to the successful demonstration of a se- operations and safety. sonnel; and lected advanced reactor technology, in accord- ‘‘(b) REQUIREMENTS.—The program under sub- ‘‘(B) to the results of research relating to civil ance with— section (a) shall be carried out to facilitate, to nuclear technology funded by the Federal Gov- ‘‘(A) paragraph (8); the maximum extent practicable, workshops and ernment. ‘‘(B) the research and development activities expert-based exchanges to engage industry, ‘‘(c) DEMONSTRATION PROJECTS.—In carrying under section 952(b); and stakeholders, and foreign governments regard- out demonstration projects under the program ‘‘(C) the research and development activities ing international civil nuclear issues, such as established in subsection (b), the Secretary under section 958; and training, financing, safety, and options for mul- shall— ‘‘(10) establish such technology advisory tinational cooperation on used nuclear fuel dis- ‘‘(1) include, as an evaluation criterion, diver- working groups as the Secretary determines to posal.’’. sity in designs for the advanced nuclear reactors be appropriate to advise the Secretary regarding (2) TABLE OF CONTENTS.—The table of con- demonstrated under this section, including de- the technical challenges identified under para- tents of the Energy Policy Act of 2005 (Public signs using various— graph (8) and the scope of research and develop- Law 109–58; 119 Stat. 594), as amended by sub- ‘‘(A) primary coolants; ment programs to address the challenges, in ac- section (g), is further amended by inserting after ‘‘(B) fuel types and compositions; and cordance with paragraph (9), to be comprised the item relating to section 959A the following: ‘‘(C) neutron spectra; of— ‘‘Sec. 959B. International nuclear energy co- ‘‘(2) consider, as an evaluation criterion, the ‘‘(A) private sector advanced nuclear reactor operation.’’. likelihood that the operating cost for future technology developers; SEC. 4203. NUCLEAR ENERGY BUDGET PLAN. ‘‘(B) technical experts with respect to the rel- commercial units for each design implemented Section 959 of the Energy Policy Act of 2005 evant technologies at institutions of higher edu- through a demonstration project under this sub- (42 U.S.C. 16279) is amended— section is cost-competitive in the applicable mar- cation; (1) by amending subsection (b) to read as fol- ket, including those designs configured as hy- ‘‘(C) technical experts at the National Labora- lows: brid energy systems as described in section tories; ‘‘(b) BUDGET PLAN ALTERNATIVE 1.—One of 952(c); ‘‘(D) environmental and public health and the budget plans submitted under subsection (a) ‘‘(3) ensure that each evaluation of candidate safety experts; shall assume constant annual funding for 10 technologies for the demonstration projects is ‘‘(E) non-proliferation experts; and years at the appropriated level for the current completed through an external review of pro- ‘‘(F) any other entities the Secretary deter- fiscal year for the civilian nuclear energy re- posed designs, which review shall— mines appropriate. search and development of the Department.’’; ‘‘(d) NONDUPLICATION.—Entities may not re- ‘‘(A) be conducted by a panel that includes and not fewer than 1 representative that does not ceive funds under this program if receiving (2) by inserting after subsection (d) the fol- have a conflict of interest of each of— funds from another reactor demonstration pro- lowing: ‘‘(i) an electric utility; gram at the Department in the same fiscal year. ‘‘(e) UPDATES.—Not less frequently than once ‘‘(ii) an entity that uses high-temperature ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— every 2 years, the Secretary shall submit to the process heat for manufacturing or industrial There are authorized to be appropriated to the Committee on Science, Space, and Technology of processing, such as a petrochemical or synthetic Secretary to carry out the program under this the House of Representatives and the Committee fuel company, a manufacturer of metals or subsection— on Energy and Natural Resources of the Senate chemicals, or a manufacturer of concrete; ‘‘(1) $530,000,000 for fiscal year 2021; updated 10-year budget plans which shall iden- ‘‘(iii) an expert from the investment commu- ‘‘(2) $680,000,000 for fiscal year 2022; tify, and provide a justification for, any major nity; ‘‘(3) $680,000,000 for fiscal year 2023; deviation from a previous budget plan submitted ‘‘(4) $680,000,000 for fiscal year 2024; and ‘‘(iv) a project management practitioner; and under this section.’’. ‘‘(5) $680,000,000 for fiscal year 2025.’’. ‘‘(v) an environmental health and safety ex- SEC. 4204. ORGANIZATION AND ADMINISTRATION (2) TABLE OF CONTENTS.—The table of con- pert; and OF PROGRAMS. tents of the Energy Policy Act of 2005 (Public ‘‘(B) include a review of each demonstration (a) IN GENERAL.—Subtitle E of title IX of the Law 109–58; 119 Stat. 594) is amended— project under this subsection which shall in- Energy Policy Act of 2005 (42 U.S.C. 16271 et (A) in the items relating to sections 957, 958, clude consideration of cost-competitiveness and seq.), as amended by this Act, is further amend- and 959, by inserting ‘‘Sec.’’ before ‘‘9’’ each other value streams, together with the tech- ed by adding at the end of the following: nology readiness level, the technical abilities place it appears; and (B) by inserting after the item relating to sec- ‘‘SEC. 959C. ORGANIZATION AND ADMINISTRA- and qualifications of teams desiring to dem- TION OF PROGRAMS. tion 959 the following: onstrate a proposed advanced nuclear reactor ‘‘(a) COORDINATION.—In carrying out this technology, the capacity to meet cost-share re- ‘‘Sec. 959A. Advanced nuclear reactor research, subtitle, the Secretary shall coordinate activi- quirements of the Department, if Federal fund- development, demonstration, and ties, and effectively manage crosscutting re- ing is provided, and environmental impacts; commercial application pro- search priorities across programs of the Depart- ‘‘(4) for federally funded demonstration gram.’’. ment and other relevant Federal agencies, in- projects, enter into cost-sharing agreements with (h) INTERNATIONAL NUCLEAR ENERGY CO- cluding the National Laboratories. private sector partners in accordance with sec- OPERATION.— ‘‘(b) COLLABORATION.— tion 988 for the conduct of activities relating to (1) IN GENERAL.—Subtitle E of title IX of the ‘‘(1) IN GENERAL.—In carrying out this sub- the research, development, and demonstration of Energy Policy Act of 2005 (42 U.S.C. 16271 et title, the Secretary shall collaborate with indus- advanced nuclear reactor designs under the pro- seq.), as amended by subsection (g), is further try, National Laboratories, other relevant Fed- gram; amended by adding at the end the following: eral agencies, institutions of higher education, ‘‘(5) consult with— ‘‘SEC. 959B. INTERNATIONAL NUCLEAR ENERGY including minority-serving institutions and re- ‘‘(A) National Laboratories; COOPERATION. search reactors, Tribal entities, including Alas- ‘‘(B) institutions of higher education; ‘‘(a) IN GENERAL.—The Secretary, in consulta- ka Native Corporations, and international bod- ‘‘(C) traditional end users (such as electric tion with international regulators, shall carry ies with relevant scientific and technical exper- utilities); out a program— tise.

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‘‘(2) PARTICIPATION.—To the extent prac- ‘‘(ix) in calendar year 2022, 489,617 kilograms; paragraph (2)(A) based on the most accurate ticable, the Secretary shall encourage research ‘‘(x) in calendar year 2023, 578,877 kilograms; scenario data.’’; and projects that promote collaboration between en- ‘‘(xi) in calendar year 2024, 476,536 kilograms; (iv) in subparagraph (D), as redesignated by tities specified in paragraph (1). ‘‘(xii) in calendar year 2025, 470,376 kilograms; clause (ii), by striking ‘‘subparagraph (B)’’ and ‘‘(c) DISSEMINATION OF RESULTS AND PUBLIC ‘‘(xiii) in calendar year 2026, 464,183 kilo- inserting ‘‘subparagraph (C)’’; AVAILABILITY.—The Secretary shall, except to grams; (D) in paragraph (9), by striking ‘‘2020’’ and the extent protected from disclosure under sec- ‘‘(xiv) in calendar year 2027, 459,083 kilo- inserting ‘‘2040’’; tion 552(b) of title 5, United States Code, publish grams; (E) in paragraph (12)(B), by inserting ‘‘or the the results of projects supported under this sub- ‘‘(xv) in calendar year 2028, 344,312 kilograms; Suspension Agreement’’ after ‘‘the Russian HEU title through Department websites, reports, ‘‘(xvi) in calendar year 2029, 340,114 kilo- Agreement’’; and databases, training materials, and industry con- grams; (F) by striking ‘‘(2)(B)’’ each place it appears ferences, including information discovered after ‘‘(xvii) in calendar year 2030, 332,141 kilo- and inserting ‘‘(2)(C)’’. the completion of such projects. grams; (b) APPLICABILITY.—The amendments made by subsection (a) apply with respect to uranium im- ‘‘(d) EDUCATION AND OUTREACH.—In carrying ‘‘(xviii) in calendar year 2031, 328,862 kilo- out the activities described in this subtitle, the grams; ported from the Russian Federation on or after Secretary shall support education and outreach ‘‘(xix) in calendar year 2032, 322,255 kilo- January 1, 2021. activities to disseminate information and programs; TITLE V—ELECTRIC GRID AND mote public understanding of nuclear energy. ‘‘(xx) in calendar year 2033, 317,536 kilograms; CYBERSECURITY ‘‘(e) TECHNICAL ASSISTANCE.—In carrying out ‘‘(xxi) in calendar year 2034, 298,088 kilo- Subtitle A—Electric Grid this subtitle, for the purposes of supporting grams; PART 1—21ST CENTURY POWER GRID ‘‘(xxii) in calendar year 2035, 294,511 kilo- technical, nonhardware, and information-based SEC. 5101. 21ST CENTURY POWER GRID. advances in nuclear energy development and grams; ‘‘(xxiii) in calendar year 2036, 286,066 kilo- (a) IN GENERAL.—The Secretary of Energy operations, the Secretary shall also conduct shall establish a program to provide financial technical assistance and analysis activities, in- grams; ‘‘(xxiv) in calendar year 2037, 281,272 kilo- assistance to eligible partnerships to carry out cluding activities that support commercial appli- projects related to the modernization of the elec- cation of nuclear energy in rural, Tribal, and grams; ‘‘(xxv) in calendar year 2038, 277,124 kilo- tric grid, including— low-income communities. (1) projects for the deployment of technologies ‘‘(f) PROGRAM REVIEW.—At least annually, all grams; ‘‘(xxvi) in calendar year 2039, 277,124 kilo- to improve monitoring of, advanced controls for, programs in this subtitle shall be subject to an and prediction of performance of, a distribution annual review by the Nuclear Energy Advisory grams; and ‘‘(xxvii) in calendar year 2040, 267,685 kilo- system; and Committee of the Department or other inde- (2) projects related to transmission system grams.’’; pendent entity, as appropriate. planning and operation. (ii) by redesignating subparagraph (B) as sub- ‘‘(g) SENSITIVE INFORMATION.—The Secretary (b) ELIGIBLE PROJECTS.—Projects for which paragraph (C); and shall not publish any information generated an eligible partnership may receive financial as- (iii) by inserting after subparagraph (A) the under this subtitle that is detrimental to na- sistance under subsection (a)— tional security, as determined by the Sec- following: (1) shall be designed to improve the resiliency, ‘‘(B) ADMINISTRATION.— retary.’’. performance, or efficiency of the electric grid, ‘‘(i) IN GENERAL.—The Secretary of Commerce (b) TABLE OF CONTENTS.—The table of con- while ensuring the continued provision of safe, shall administer the import limitations described tents of the Energy Policy Act of 2005 (Public secure, reliable, and affordable power; in subparagraph (A) in accordance with the Law 109–58; 119 Stat. 594), as amended by this (2) may be designed to deploy a new product provisions of the Suspension Agreement, includ- Act, is further amended by inserting after the or technology that could be used by customers of ing— item relating to section 959B the following: an electric utility; and ‘‘(I) the limitations on sales of enriched ura- ‘‘Sec. 959C. Organization and administration of (3) shall demonstrate— nium product and separative work units plus (A) secure integration and management of en- programs.’’. conversion; ergy resources, including through distributed Subtitle C—Defending Against Rosatom ‘‘(II) the requirements for natural uranium re- energy generation, combined heat and power, Exports turned feed associated with sales of enrichment, microgrids, energy storage, electric vehicles, en- SEC. 4301. EXTENSION AND EXPANSION OF LIMI- or enrichment plus conversion from the Russian ergy efficiency, demand response, or control- TATIONS ON IMPORTATION OF URA- Federation; and lable loads; or NIUM FROM RUSSIAN FEDERATION. ‘‘(III) any other provisions of the Suspension (B) secure integration and interoperability of (a) IN GENERAL.—Section 3112A of the USEC Agreement. communications and information technologies Privatization Act (42 U.S.C. 2297h–10a) is ‘‘(ii) EFFECT OF TERMINATION OF SUSPENSION related to the electric grid. amended— AGREEMENT.—Clause (i) shall remain in effect if (c) CYBERSECURITY PLAN.—Each project car- (1) in subsection (a)— the Suspension Agreement is terminated.’’; ried out with financial assistance provided (A) by redesignating paragraph (7) as para- (B) in paragraph (3)— under subsection (a) shall include the develop- graph (8); and (i) in subparagraph (A), by striking the semi- ment of a cybersecurity plan written in accord- (B) by inserting after paragraph (6) the fol- colon and inserting ‘‘; or’’; ance with guidelines developed by the Secretary lowing: (ii) in subparagraph (B), by striking ‘‘; or’’ of Energy. ‘‘(7) SUSPENSION AGREEMENT.—The term ‘Sus- and inserting a period; and (d) PRIVACY EFFECTS ANALYSIS.—Each project pension Agreement’ has the meaning given that (iii) by striking subparagraph (C); carried out with financial assistance provided term in section 3102(13).’’; (C) in paragraph (5)— under subsection (a) shall include a privacy ef- (2) in subsection (b)— (i) in subparagraph (A)— fects analysis that evaluates the project in ac- (A) by striking ‘‘United States to support’’ (I) by striking ‘‘reference data’’ and all that cordance with the Voluntary Code of Conduct and inserting the following: ‘‘United States— follows through ‘‘2019’’ and inserting the fol- of the Department of Energy, commonly known ‘‘(1) to support’’; lowing: ‘‘Lower Scenario data in the 2019 report as the ‘‘DataGuard Energy Data Privacy Pro- (B) by striking the period at the end and in- of the World Nuclear Association entitled ‘The gram’’, or the most recent revisions to the pri- serting a semicolon; and Nuclear Fuel Report: Global Scenarios for De- vacy program of the Department. (C) by adding at the end the following: mand and Supply Availability 2019–2040’. In (e) DEFINITIONS.—In this section: ‘‘(2) to reduce reliance on uranium imports in each of calendar years 2023, 2029, and 2035’’; (1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligible order to protect essential national security inter- and partnership’’ means a partnership consisting of ests of the United States; (II) by striking ‘‘report or a subsequent re- two or more entities, which— ‘‘(3) to revive and strengthen the supply chain port’’ and inserting ‘‘report’’; (A) may include— for nuclear fuel produced and used in the (ii) by redesignating subparagraphs (B) and (i) any institution of higher education; United States; and (C) as subparagraphs (C) and (D), respectively; (ii) a National Laboratory; (iii) a State, territory, or a local government ‘‘(4) to expand production of nuclear fuel in (iii) by inserting after subparagraph (A) the or other public body created by or pursuant to the United States.’’; and following: State law; ‘‘(B) REPORT REQUIRED.—Not later than one (3) in subsection (c)— (iv) an Indian Tribe; (A) in paragraph (2)— year after the date of the enactment of the (v) a Federal power marketing administration; (i) in subparagraph (A)— Clean Economy Jobs and Innovation Act, and or (I) by striking ‘‘After’’ and inserting ‘‘Except every 3 years thereafter, the Secretary shall sub- (vi) an entity that develops and provides tech- as provided in subparagraph (B), after’’; mit to Congress a report that includes— nology; and (II) in clause (vi), by striking ‘‘; and’’ and in- ‘‘(i) a recommendation on the use of all pub- (B) shall include at least one of any of— serting a semicolon; licly available data to ensure accurate fore- (i) an electric utility; (III) in clause (vii), by striking the period at casting by scenario data to comport to actual (ii) a Regional Transmission Organization; or the end and inserting a semicolon; and demand for low-enriched uranium for nuclear (iii) an Independent System Operator. (IV) by adding at the end the following: reactors in the United States; and (2) ELECTRIC UTILITY.—The term ‘‘electric ‘‘(viii) in calendar year 2021, 596,682 kilo- ‘‘(ii) an identification of the steps to be taken utility’’ has the meaning given that term in sec- grams; to adjust the import limitations described in tion 3(22) of the Federal Power Act (16 U.S.C.

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00099 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4818 CONGRESSIONAL RECORD — HOUSE September 23, 2020 796(22)), except that such term does not include mission planning solutions that provide eco- titled ‘‘Transmission Planning and Cost Alloca- an entity described in subparagraph (B) of such nomic, reliability, operation, and public policy tion by Transmission Owning and Operating section. benefits, taking into consideration— Public Utilities’’ located at part 35 of title 18, (3) FEDERAL POWER MARKETING ADMINISTRA- (A) the public interest; Code of Federal Regulations (or any successor TION.—The term ‘‘Federal power marketing ad- (B) the integrity of markets; and regulation). ministration’’ means the Bonneville Power Ad- (C) the protection of consumers; and Subtitle B—State Energy Security Plans ministration, the Southeastern Power Adminis- (2) proposed changes to the processes de- tration, the Southwestern Power Administra- scribed in paragraph (1) to ensure that efficient, SEC. 5201. STATE ENERGY SECURITY PLANS. tion, or the Western Area Power Administration. cost-effective, and broadly beneficial trans- (a) IN GENERAL.—Part D of title III of the En- (4) INDEPENDENT SYSTEM OPERATOR; REGIONAL mission solutions are selected for construction, ergy Policy and Conservation Act (42 U.S.C. TRANSMISSION ORGANIZATION.—The terms ‘‘Inde- taking into consideration— 6321 et seq.) is amended by adding at the end pendent System Operator’’ and ‘‘Regional (A) the public interest; the following: Transmission Organization’’ have the meanings (B) the integrity of markets; ‘‘SEC. 367. STATE ENERGY SECURITY PLANS. given those terms in section 3 of the Federal (C) the protection of consumers; and ‘‘(a) IN GENERAL.—Federal financial assist- Power Act (16 U.S.C. 796). (D) the range of benefits that interregional ance made available to a State under this part (5) INSTITUTION OF HIGHER EDUCATION.—The transmission provides. may be used for the implementation, review, and term ‘‘institution of higher education’’ has the (c) EMPHASIS.—In conducting the rulemaking revision of a State energy security plan that as- meaning given that term in section 101(a) of the under subsection (a), the Commission shall de- sesses the State’s existing circumstances and Higher Education Act of 1965 (20 U.S.C. velop rules that emphasize— proposes methods to strengthen the ability of the 1001(a)). (1) the need for a solution to secure approval State, in consultation with owners and opera- (f) AUTHORIZATION OF APPROPRIATIONS.— based on a comprehensive assessment of the tors of energy infrastructure in such State, to— There is authorized to be appropriated to the multiple benefits the solution is expected to pro- ‘‘(1) secure the energy infrastructure of the Secretary of Energy to carry out this section vide; State against all physical and cybersecurity $700,000,000 for each of fiscal years 2021 through (2) that interregional benefit analyses made threats; 2025, to remain available until expended. between multiple regions should not be subject ‘‘(2) mitigate the risk of energy supply disrup- PART 2—TRANSMISSION PLANNING to reassessment by a single regional entity; tions to the State and enhance the response to, (3) the importance of synchronizing the plan- and recovery from, energy disruptions; and SEC. 5111. INTERREGIONAL TRANSMISSION PLAN- ning processes between regions that neighbor NING REPORT. ‘‘(3) ensure the State has a reliable, secure, one another, including using one timeline with Not later than 6 months after the date of en- and resilient energy infrastructure. a single set of needs, input assumptions, and actment of this Act, the Secretary of Energy ‘‘(b) CONTENTS OF PLAN.—A State energy se- benefit metrics; shall submit to Congress a report that— curity plan described in subsection (a) shall— (4) that evaluation of long-term scenarios (1) examines the effectiveness of interregional ‘‘(1) address all fuels, including petroleum should align with the expected life of an inter- transmission planning processes for identifying products, other liquid fuels, coal, electricity, regional transmission solution; transmission projects across regions that provide and natural gas, as well as regulated and un- (5) that transmission planning authorities economic, reliability, or operational benefits, regulated energy providers; should allow for the identification and joint taking into consideration the public interest, the ‘‘(2) provide a State energy profile, including evaluation between regions of alternative pro- integrity of markets, and the protection of con- an assessment of energy production, distribu- posals; sumers; tion, and end-use; (6) that the interregional transmission plan- (2) evaluates the current architecture of re- ‘‘(3) address potential hazards to each energy ning process should take place not less fre- gional electricity grids (including international sector or system, including physical threats and quently than once every 3 years; transmission connections of such grids) that to- cybersecurity threats and vulnerabilities; (7) the elimination of arbitrary voltage, size, gether comprise the Nation’s electricity grid, ‘‘(4) provide a risk assessment of energy infra- or cost requirements for an interregional trans- with respect to— structure and cross-sector interdependencies; (A) potential growth in renewable energy gen- mission solution; and ‘‘(5) provide a risk mitigation approach to en- (8) cost allocation methodologies that reflect eration, including energy generation from off- hance reliability and end-use resilience; and the multiple benefits provided by an inter- shore wind; ‘‘(6) address multi-State, Indian Tribe, and re- (B) potential growth in electricity demand; regional transmission solution. gional coordination planning and response, and and (d) TIMING.—Not later than 18 months after to the extent practicable, encourage mutual as- (C) retirement of existing electricity genera- the date of the enactment of this section, the sistance in cyber and physical response plans. tion assets; Commission shall complete the rulemaking initi- ‘‘(c) COORDINATION.—In developing a State (3) analyzes— ated under subsection (a). energy security plan under this section, the en- (A) the range of benefits that interregional (e) DEFINITIONS.—In this section: ergy office of the State shall, to the extent prac- transmission provides; (1) INTERREGIONAL BENEFIT ANALYSIS.—The ticable, coordinate with— (B) the impact of basing transmission project term ‘‘interregional benefit analysis’’ means the ‘‘(1) the public utility or service commission of approvals on a comprehensive assessment of the identification and evaluation of the estimated the State; multiple benefits provided; benefits of interregional transmission facilities ‘‘(2) energy providers from the private sector; (C) synchronization of processes described in in two or more neighboring transmission plan- and paragraph (1) among neighboring regions; ning regions to meet the needs for transmission ‘‘(3) other entities responsible for maintaining (D) how often interregional transmission system reliability, resilience, economic, and pub- fuel or electric reliability. planning should be completed; lic policy requirements. ‘‘(d) FINANCIAL ASSISTANCE.—A State is not (E) whether voltage, size, or cost requirements (2) INTERREGIONAL TRANSMISSION PLANNING eligible to receive Federal financial assistance should be a factor in the approval of inter- PROCESS.—The term ‘‘interregional transmission under this part, for any purpose, for a fiscal regional transmission projects; planning process’’ means an evaluation of year unless the Governor of such State submits (F) cost allocation methodologies for inter- transmission needs established by public utility to the Secretary, with respect to such fiscal regional transmission projects; and transmission providers in two or more neigh- year— (G) current barriers and challenges to con- boring transmission planning regions that are ‘‘(1) a State energy security plan described in struction of interregional transmission projects; jointly evaluated by those regions. subsection (a) that meets the requirements of and (3) INTERREGIONAL TRANSMISSION SOLUTION.— subsection (b); or (4) identifies potential changes, based on the The term ‘‘interregional transmission solution’’ ‘‘(2) after an annual review of the State en- analysis under paragraph (3), to the processes means an interregional transmission facility ergy security plan by the Governor— described in paragraph (1) to ensure the most ef- that is evaluated by two or more neighboring ‘‘(A) any necessary revisions to such plan; or ficient, cost effective, and broadly beneficial transmission planning regions and determined ‘‘(B) a certification that no revisions to such transmission projects are selected for construc- by each of those regions for the ability of the plan are necessary. tion. project to efficiently or cost effectively meet re- ‘‘(e) TECHNICAL ASSISTANCE.—Upon request of SEC. 5112. INTERREGIONAL TRANSMISSION PLAN- gional transmission needs or to provide substan- the Governor of a State, the Secretary may pro- NING RULEMAKING. tial benefits that are not addressed in either of vide information and technical assistance, and (a) IN GENERAL.—Not later than 6 months the region’s regional planning processes. other assistance, in the development, implemen- after the date of the enactment of this section, (4) TRANSMISSION PLANNING AUTHORITY.—The tation, or revision of a State energy security the Federal Energy Regulatory Commission term ‘‘transmission planning authority’’ means plan. (hereinafter in this section referred to as ‘‘the the public utility transmission provider within a ‘‘(f) SUNSET.—This section shall expire on Oc- Commission’’) shall initiate a rulemaking to in- transmission planning region that is required to tober 31, 2024.’’. crease the effectiveness of the interregional create a regional transmission plan that identi- (b) TECHNICAL AND CONFORMING AMEND- transmission planning process. fies transmission facilities and nontransmission MENTS.— (b) ASSESSMENT.—In conducting the rule- alternatives needed to meet regional needs. (1) CONFORMING AMENDMENTS.—Section 363 of making under subsection (a), the Commission (5) TRANSMISSION PLANNING REGIONS.—The the Energy Policy and Conservation Act (42 shall assess— term ‘‘transmission planning regions’’ means the U.S.C. 6323) is amended— (1) the effectiveness of interregional trans- transmission planning regions recognized by the (A) by redesignating subsection (f) as submission planning processes for identifying trans- Commission as compliant with the final rule en- section (e); and

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00100 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4819 (B) by striking subsection (e). of the Senate an updated version of the plan means the research and development program (2) TECHNICAL AMENDMENT.—Section under subparagraph (A). established under paragraph (1). 366(3)(B)(i) of the Energy Policy and Conserva- ‘‘(4) RESEARCH AND DEVELOPMENT.—In car- ‘‘(9) TECHNICAL ASSISTANCE GRANT PRO- tion Act (42 U.S.C. 6326(3)(B)(i)) is amended by rying out the program established in paragraph GRAM.— striking ‘‘approved under section 367’’. (1), the Secretary shall focus on developing— ‘‘(A) IN GENERAL.—The Secretary shall estab- (3) REFERENCE.—The item relating to ‘‘De- ‘‘(A) energy storage systems that can store en- lish a technical assistance grant program (re- partment of Energy—Energy Conservation’’ in ergy and deliver stored energy for a minimum of ferred to in this subsection as the ‘program’) to title II of the Department of the Interior and 6 hours in duration to balance electricity needs award grants to eligible entities so that entities Related Agencies Appropriations Act, 1985 (42 over the course of a single day; may seek technical assistance outside of the De- U.S.C. 6323a) is amended by striking ‘‘sections ‘‘(B) long-duration energy storage systems partment of Energy to identify, evaluate, plan, 361 through 366’’ and inserting ‘‘sections 361 that can store energy and deliver stored energy design, and develop processes to procure energy through 367’’. for 10 to 100 hours in duration; and storage systems. (4) TABLE OF SECTIONS.—The table of sections ‘‘(C) energy storage systems that can store en- ‘‘(B) TECHNICAL ASSISTANCE.— for part D of title III of the Energy Policy and ergy and deliver stored energy over several ‘‘(i) IN GENERAL.—Grants for technical assist- Conservation Act is amended by adding at the months and address seasonal scale variations in ance may be used to obtain technical assistance end the following: supply and demand. with one or more of the following activities re- ‘‘Sec. 367. State energy security plans.’’. ‘‘(5) TESTING AND VALIDATION.—The Secretary lating to energy storage systems: shall support the standardized testing and vali- ‘‘(I) Identification of opportunities to use en- Subtitle C—Research and Development dation of energy storage systems under the pro- ergy storage systems. PART 1—BETTER ENERGY STORAGE gram through collaboration with 1 or more Na- ‘‘(II) Assessment of technical and economic TECHNOLOGY tional Laboratories, including the development characteristics. SEC. 5301. ENERGY STORAGE. of methodologies to independently validate en- ‘‘(III) Utility interconnection. (a) IN GENERAL.—The United States Energy ergy storage technologies by— ‘‘(IV) Permitting and siting issues. Storage Competitiveness Act of 2007 (42 U.S.C. ‘‘(A) performance of energy storage systems on ‘‘(V) Business planning and financial anal- 17231) is amended— the electric grid, including— ysis. (1) by redesignating subsections (l) through ‘‘(i) when appropriate, testing of application- ‘‘(VI) Engineering design. (p) as subsections (p) through (t), respectively; driven charge and discharge protocols; ‘‘(VII) Carrying out initial assessment to iden- and ‘‘(ii) evaluation of power capacity and energy tify net system benefits of using energy storage (2) by inserting after subsection (k) the fol- output; systems. lowing: ‘‘(iii) degradation of the energy storage sys- ‘‘(VIII) Obtaining guidance relating to meth- ‘‘(l) ENERGY STORAGE RESEARCH AND DEVEL- tems from cycling and aging; ods to assess energy storage in long-term re- OPMENT PROGRAM.— ‘‘(iv) safety; and source planning and resource procurement. ‘‘(1) IN GENERAL.—Not later than 180 days ‘‘(v) reliability testing under grid duty cycles; ‘‘(IX) Carrying out studies to assess the cost- after the date of enactment of this subsection, and benefit ratio of energy storage systems. the Secretary shall establish a research and de- ‘‘(B) prediction of lifetime metrics. ‘‘(X) Obtaining guidance on complying with velopment program for energy storage systems, ‘‘(6) COORDINATION.—In carrying out the prostate and local regulatory technical standards, components, and materials across multiple program established in paragraph (1), the Secretary including siting and permitting standards. shall coordinate with— gram offices of the Department. ‘‘(ii) EXCLUSION.—The grants for technical as- ‘‘(A) programs and offices that aim to increase ‘‘(2) REQUIREMENTS.—In carrying out the pro- sistance described in subparagraph (A) shall not gram under paragraph (1), the Secretary shall— domestic manufacturing and production of en- be used for assistance relating to modification of ‘‘(A) coordinate across all relevant program ergy storage systems, such as those within the Federal, State, or local regulations or policies offices throughout the Department, including Department and within the National Institute of relating to energy storage systems. Standards and Technology; the Office of Electricity, the Office of Energy ‘‘(C) APPLICATIONS.— ‘‘(B) other Federal agencies that are carrying Efficiency and Renewable Energy, the Ad- ‘‘(i) IN GENERAL.—An eligible entity desiring out initiatives to increase energy reliability vanced Research Projects Agency – Energy, the grants for technical assistance under the pro- through the development of energy storage sys- Office of Science, and the Office of Cybersecu- gram shall submit to the Secretary an applica- tems, including the Department of Defense; and rity, Energy Security, and Emergency Response; tion at such time, in such manner, and con- ‘‘(C) other stakeholders working to advance ‘‘(B) adopt long-term cost, performance, and taining such information as the Secretary may the development of commercially viable energy demonstration targets for different types of en- require. storage systems. ergy storage systems and for use in a variety of ‘‘(ii) APPLICATION PROCESS.—The Secretary ‘‘(7) TECHNICAL ASSISTANCE PROGRAM.— regions, including rural areas; shall seek applications for technical assistance ‘‘(A) IN GENERAL.—The Secretary shall pro- ‘‘(C) incorporate considerations of sustain- grants under the program— vide technical assistance for commercial appli- ability, sourcing, recycling, reuse, and disposal ‘‘(I) on a competitive basis; and cation of energy storage technologies to eligible of materials, including critical elements, in the ‘‘(II) on a periodic basis, but not less fre- entities. design of energy storage systems; quently than once every 12 months. ‘‘(B) TECHNICAL ASSISTANCE.—Technical as- ‘‘(D) identify energy storage duration needs; ‘‘(D) PRIORITIES.—In selecting eligible entities sistance provided under this paragraph— ‘‘(E) analyze the need for various types of en- ‘‘(i) may include assistance with— for grants under the program, the Secretary ergy storage to improve electric grid resilience ‘‘(I) assessment of relevant technical and geo- shall give priority to eligible entities with and reliability; and graphic characteristics; projects that have the greatest potential for— ‘‘(F) support research and development of ad- ‘‘(II) interconnection of electricity storage sys- ‘‘(i) strengthening the reliability of energy in- vanced manufacturing technologies that have tems with the electric grid; and frastructure and the resilience of energy infra- the potential to improve United States competi- ‘‘(III) engineering design; and structure to the effects of extreme weather tiveness in energy storage manufacturing. ‘‘(ii) may not include assistance relating to events, power grid failures, and interruptions in ‘‘(3) STRATEGIC PLAN.— modification of Federal, State, or local regula- supply of power; ‘‘(A) IN GENERAL.—No later than 180 days tions or policies with respect to energy storage ‘‘(ii) reducing the cost of energy storage sys- after the date of enactment of this subsection, systems. tems; the Secretary shall develop a 5-year strategic ‘‘(C) APPLICATIONS.— ‘‘(iii) facilitating the use of renewable energy plan identifying research, development, dem- ‘‘(i) IN GENERAL.—The Secretary shall seek resources; onstration, and commercial application goals for applications for technical assistance under the ‘‘(iv) minimizing environmental impact, in- the program in accordance with this section. program— cluding regulated air pollutants and greenhouse The Secretary shall submit this plan to the Com- ‘‘(I) on a competitive basis; and gas emissions; mittee on Science, Space, and Technology of the ‘‘(II) on a periodic basis, but not less fre- ‘‘(v) improving the feasibility of microgrids or House of Representatives and the Committee on quently than once every 12 months. island-mode operation, particularly in rural Energy and Natural Resources of the Senate. ‘‘(ii) PRIORITIES.—In selecting eligible entities areas, including rural areas with high energy ‘‘(B) CONTENTS.—The strategic plan submitted for technical assistance for commercial applica- costs; and under subparagraph (A) shall— tions, the Secretary shall give priority to eligible ‘‘(vi) maximizing local job creation. ‘‘(i) identify programs at the Department re- entities with projects that have the greatest po- ‘‘(E) RULES AND PROCEDURES.— lated to energy storage systems that support the tential for— ‘‘(i) RULES.—Not later than 180 days after the research and development activities described in ‘‘(I) strengthening the reliability and resil- date of enactment of this Act, the Secretary paragraph (4), and the demonstration projects ience of the electric grid to the impact of extreme shall, by rule, establish procedures for carrying under subsection (m); and weather events, power grid failures, and inter- out the program. ‘‘(ii) include timelines for the accomplishment ruptions in supply of electricity; ‘‘(ii) GRANTS.—Not later than 120 days after of goals developed under the plan. ‘‘(II) reducing the cost of energy storage sys- the date on which the Secretary establishes pro- ‘‘(C) UPDATES TO PLAN.—Not less frequently tems; or cedures for the program under subparagraph than once every 3 years, the Secretary shall sub- ‘‘(III) facilitating the use of net zero emission (A), the Secretary shall issue grants under this mit to the Committee on Science, Space, and energy resources. subsection. Technology of the House of Representatives and ‘‘(8) PROGRAM DEFINED.—In this subsection ‘‘(F) REPORTS.—The Secretary shall submit to the Committee on Energy and Natural Resources (except in paragraph (9)), the term ‘program’ Congress and make available to the public—

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‘‘(i) not less frequently than once every 2 ‘‘(4) RESTRICTION ON USE OF FUNDS.—Any eli- within an energy storage system through phys- years, a report describing the performance of the gible entity that receives a grant under para- ical or chemical means and reuse of those sepa- program under this subsection, including a syn- graph (1) may only use the grant to fund pro- rated critical minerals in other technologies. thesis and analysis of any information the Sec- grams relating to the demonstration of energy ‘‘(2) ESTABLISHMENT.—Not later than 180 days retary requires grant recipients to provide to the storage systems connected to the electric grid, or after the date of enactment of this subsection, Secretary as a condition of receiving a grant; that provides bi-directional energy storage capa- the Secretary shall establish a research, devel- and ble of providing back-up energy in the event of opment, and demonstration program of recycling ‘‘(ii) on termination of the program under this grid outages, including energy storage systems of energy storage systems containing critical subsection, an assessment of the success of, and sited behind a customer revenue meter. minerals. education provided by, the measures carried out ‘‘(5) COST SHARING.—In carrying out this sec- ‘‘(3) RESEARCH, DEVELOPMENT, AND DEM- by eligible entities under the program. tion, the Secretary shall require cost sharing ONSTRATION.—In carrying out the program, the ‘‘(10) DEPARTMENT OF ENERGY WORKSHOPS.— under this section in accordance with section Secretary may focus research, development, and The Secretary shall hold one or more workshops 988 of the Energy Policy Act of 2005 (42 U.S.C. demonstration activities on— during each of calendar years 2021 and 2023 to 16352). ‘‘(A) technologies, process improvements, and facilitate the sharing, across the Department of ‘‘(6) NO PROJECT OWNERSHIP INTEREST.—The design optimizations that facilitate and promote Energy, the States, local and Tribal govern- United States shall hold no equity or other own- recycling, including— ments, industry, and the academic research ership interest in an energy storage system for ‘‘(i) improvement of efficiency and rates of community, of research developments and new which a grant is provided under paragraph (1). collection of products and scrap containing crit- technical knowledge gained in carrying out this ‘‘(7) RULES AND PROCEDURES; AWARDING OF ical minerals from consumer, industrial, and subsection.’’. GRANTS.— other waste streams; (b) ENERGY STORAGE DEMONSTRATION PRO- ‘‘(A) RULES AND PROCEDURES.—Not later than ‘‘(ii) separation and sorting of component ma- GRAM.—The United States Energy Storage Com- 180 days after the date of enactment of this sub- terials in energy storage systems containing crit- petitiveness Act of 2007 (42 U.S.C. 17231), as section, the Secretary shall adopt rules and pro- ical minerals, including improving the amended, is further amended by inserting after cedures for carrying out the grant program recyclability of such energy storage systems; subsection (l), as added by subsection (a), the under subsection (m). ‘‘(iii) safe storage of energy storage systems, following: ‘‘(B) AWARDING OF GRANTS.—Not later than 1 including reducing fire risk; ‘‘(m) ENERGY STORAGE DEMONSTRATION PRO- year after the date on which the rules and pro- ‘‘(iv) safe transportation of energy storage GRAM.— cedures under paragraph (A) are established, systems and components; and ‘‘(1) ESTABLISHMENT.—The Secretary shall es- the Secretary shall award the initial grants pro- ‘‘(v) development of technologies to advance tablish a competitive grant program for the dem- vided under this section. energy storage recycling facility infrastructure, onstration of energy storage systems, as identi- ‘‘(8) REPORTS.—The Secretary shall submit to including integrated recycling facilities that can fied by the Secretary, that use either— Congress and make publicly available— process multiple materials; ‘‘(A) a single system; or ‘‘(A) not less frequently than once every 2 ‘‘(B) research and development of technologies ‘‘(B) aggregations of multiple systems. years for the duration of the grant program that mitigate emissions and environmental im- ‘‘(2) SELECTION REQUIREMENTS.—In selecting under subsection (m), a report describing the pacts that arise from recycling, including dis- eligible entities to receive a grant under this sec- performance of the grant program, including a posal of toxic reagents and byproducts related tion, the Secretary shall, to the maximum extent synthesis and analysis of any information the to recycling processes; practicable— Secretary requires grant recipients to provide to ‘‘(C) research and development of technologies ‘‘(A) ensure regional diversity among eligible the Secretary as a condition of receiving a to enable recycling of critical materials from entities that receive the grants, including par- grant; and batteries in electric vehicles; ticipation by rural States and small States; ‘‘(B) on termination of the grant program ‘‘(D) research on and analysis of non-tech- ‘‘(B) ensure that specific projects selected for under subsection (m), an assessment of the suc- nical barriers to improving the transportation of grants— cess of, and education provided by, the meas- energy storage systems containing critical min- ‘‘(i) expand on the existing technology dem- ures carried out by grant recipients under the erals; and ‘‘(E) research on technologies and methods to onstration programs of the Department of En- grant program. ergy; and ‘‘(9) PROGRAM DEFINED.—In this subsection, enable the safe disposal of energy storage sys- ‘‘(ii) are designed to achieve one or more of the term ‘program’ means the demonstration tems containing critical minerals, including the objectives described in paragraph (3); program established under paragraph (1).’’. waste materials and components recovered dur- ‘‘(C) give consideration to proposals from eli- (c) AUTHORIZATION OF APPROPRIATIONS.—The ing the recycling process. gible entities for securing energy storage United States Energy Storage Competitiveness ‘‘(4) REPORT TO CONGRESS.—Not later than 2 through competitive procurement or contract for Act of 2007 (42 U.S.C. 17231) is amended, in sub- years after the date of enactment of this sub- service; and section (t) (as redesignated by subsection section, and every 3 years thereafter, the Sec- ‘‘(D) prioritize projects that leverage matching (a)(1))— retary shall submit to the Committee on Science, funds from non-Federal sources. (1) in paragraph (5), by striking ‘‘and’’ at the Space, and Technology of the House of Rep- ‘‘(3) OBJECTIVES.—Each demonstration project end; resentatives and the Committee on Energy and selected for a grant under paragraph (1) shall (2) in paragraph (6), by striking the period at Natural Resources of the Senate a report sum- include one or more of the following objectives: the end and inserting ‘‘;’’; and marizing the activities, findings, and progress of ‘‘(A) To improve the security of critical infra- (3) by adding at the end the following: the program. structure and emergency response systems. ‘‘(7) the research and development program ‘‘(o) DEFINITIONS.—For purposes of sub- ‘‘(B) To improve the reliability of the trans- for energy storage systems under subsection (l)— sections (l), (m), and (n), the following defini- mission and distribution system, particularly in ‘‘(A) $65,100,000 for fiscal year 2021; tions apply: rural areas, including high energy cost rural ‘‘(B) $68,355,000 for fiscal year 2022; ‘‘(1) ENERGY STORAGE SYSTEM.—The term ‘en- areas. ‘‘(C) $71,773,000 for fiscal year 2023; ergy storage system’ means equipment or facili- ‘‘(C) To optimize transmission or distribution ‘‘(D) $75,362,000 for fiscal year 2024; and ties relating to the electric grid that are capable system operation and power quality to defer or ‘‘(E) $79,130,000 for fiscal year 2025; and of absorbing and converting energy, as applica- avoid costs of replacing or upgrading electric ‘‘(8) the demonstration program for energy ble, storing the energy for a period of time, and grid infrastructure, including transformers and storage systems under subsection (m), $50,000,000 dispatching the energy, and that— substations. for each of fiscal years 2021 through 2025.’’. ‘‘(A) use mechanical, electrochemical, bio- ‘‘(D) To supply energy at peak periods of de- SEC. 5302. CRITICAL MINERAL RECYCLING AND chemical, or thermal processes, to convert and mand on the electric grid or during periods of REUSE RESEARCH, DEVELOPMENT, store energy that was generated at an earlier significant variation of electric grid supply or AND DEMONSTRATION PROGRAM. time for use at a later time; demand. The United States Energy Storage Competi- ‘‘(B) use mechanical, electrochemical, bio- ‘‘(E) To reduce peak loads of homes and busi- tiveness Act of 2007 (42 U.S.C. 17231) is amended chemical, or thermal processes to convert and nesses, particularly to defer or avoid invest- by inserting after subsection (m), as added by store energy generated from mechanical proc- ments in new electric grid capacity. section 5301(b) of this Act, the following: esses that would otherwise be wasted for deliv- ‘‘(F) To advance power conversion systems to ‘‘(n) CRITICAL MINERAL RECYCLING AND REUSE ery at a later time; or make the systems smarter, more efficient, able to RESEARCH, DEVELOPMENT, AND DEMONSTRATION ‘‘(C) convert and store energy in an electric, communicate with other inverters, and able to PROGRAM.— thermal, or gaseous state for direct use for heat- control voltage. ‘‘(1) DEFINITIONS.—In this subsection: ing or cooling at a later time in a manner that ‘‘(G) To provide ancillary services for grid sta- ‘‘(A) CRITICAL MINERAL.—The term ‘critical avoids the need to use electricity or other fuel bility and management. mineral’ means any of a class of chemical ele- sources at that later time, as is offered by grid- ‘‘(H) To integrate one or more energy re- ments that have a high risk of a supply disrup- enabled water heaters. sources, including renewable energy resources, tion and are critical to one or more new, energy- ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible enti- at the source or away from the source. related technologies such that a shortage of ty’ means— ‘‘(I) To increase the feasibility of microgrids or such element would significantly inhibit large- ‘‘(A) a State, territory, or possession of the island-mode operation. scale deployment of technologies that store en- United States; ‘‘(J) To enable the use of stored energy in ergy. ‘‘(B) a State energy office (as defined in sec- forms other than electricity to support the nat- ‘‘(B) RECYCLING.—The term ‘recycling’ means tion 124(a) of the Energy Policy Act of 2005 (42 ural gas system and other industrial processes. the separation of critical minerals embedded U.S.C. 15821(a)));

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‘‘(C) a tribal organization (as defined in sec- ‘‘(b) MODELING RESEARCH AND DEVELOP- with advanced grid control concepts and tech- tion 3765 of title 38, United States Code); MENT.—The Secretary shall support develop- nologies; ‘‘(D) an institution of higher education (as ment of models of emerging technologies and ‘‘(2) development of cost-effective advanced defined in section 101 of the Higher Education systems to facilitate the secure and reliable de- operation and control concepts and tech- Act of 1965 (20 U.S.C. 1001)); sign, planning, and operation of the electric nologies, such as adaptive islanding, dynamic ‘‘(E) an electric utility, including— grid for use by industry stakeholders. In par- line rating systems, power flow controllers, net- ‘‘(i) a rural electric cooperative; ticular, the Secretary shall support development work topology optimization, smart circuit break- ‘‘(ii) a political subdivision of a State, such as of— ers, intelligent load shedding, and fault-tolerant a municipally owned electric utility, or any ‘‘(1) models to analyze and predict the effects control system architectures; agency, authority, corporation, or instrumen- of adverse physical and cyber events on the ‘‘(3) development of real-time control concepts tality of one or more State political subdivisions; electric grid; using artificial intelligence and machine learn- and ‘‘(2) coupled models of electrical, physical, ing for improved electric grid resilience; and ‘‘(iii) an investor-owned utility; and and cyber systems; ‘‘(4) utilization of advanced data analytics in- ‘‘(F) a private energy storage company that is ‘‘(3) models of existing and emerging tech- cluding load forecasting, power flow modeling, a small business concern (as defined in section nologies being deployed on the electric grid due equipment failure prediction, resource optimiza- 3 of the Small Business Act (15 U.S.C. 632)). to projected changes in the electric generation tion, risk analysis, and decision analysis. ‘‘(3) ISLAND MODE.—The term ‘island mode’ mix and loads, for a variety of regional charac- ‘‘(f) INTEROPERABILITY RESEARCH AND DEVEL- means a mode in which a distributed generator teristics; and OPMENT.—The Secretary shall conduct research or energy storage system continues to power a ‘‘(4) integrated models of the communications, and development on tools and technologies that location in the absence of electric power from transmission, distribution, and other inter- improve the interoperability and compatibility of the primary source. dependent systems for existing, new, and emerg- new and emerging components, technologies, ‘‘(4) MICROGRID.—The term ‘microgrid’ means ing technologies. and systems with existing electric grid infra- an integrated energy system consisting of inter- ‘‘(c) SITUATIONAL AWARENESS RESEARCH AND structure. connected loads and distributed energy re- DEVELOPMENT.— ‘‘(g) COMPUTING RESOURCES AND DATA CO- sources, including generators and energy stor- ‘‘(1) IN GENERAL.—The Secretary shall support ORDINATION RESEARCH AND DEVELOPMENT.—In age systems, within clearly defined electrical development of computational tools and tech- carrying out this section, the Secretary shall— boundaries that— nologies to improve sensing, monitoring, and ‘‘(1) leverage existing computing resources at ‘‘(A) acts as a single controllable entity with visualization of the electric grid for real-time sit- the National Laboratories; respect to the electric grid; uational awareness and decision support tools ‘‘(2) develop voluntary standards for data ‘‘(B) can connect to, and disconnect from, the that enable improved operation of the power taxonomies and communication protocols in co- electric grid to operate in both grid-connected system, including utility, non-utility, and cus- ordination with public and private sector stake- mode and island mode. tomer grid-connected assets, for use by industry holders; and ‘‘(5) NATIONAL LABORATORY.—The term ‘na- partners. ‘‘(3) comply with section 5327 of the Clean tional laboratory’ has the meaning given the ‘‘(2) DATA USE.—In developing visualization Economy Jobs and Innovation Act. term in section 2 of the Energy Policy Act of capabilities under this section, the Secretary ‘‘(h) INFORMATION SHARING.—None of the ac- 2005 (42 U.S.C. 15801).’’. shall develop tools for industry stakeholders to tivities authorized in this section shall require PART 2—GRID MODERNIZATION use to analyze data collected from advanced private entities to share information or data RESEARCH AND DEVELOPMENT measurement and monitoring technologies, in- with the Secretary. SEC. 5321. SMART GRID REGIONAL DEMONSTRA- cluding data from phasor measurement units ‘‘(i) RESILIENCE.—In this section, the term ‘re- TION INITIATIVE. and advanced metering units. silience’ means the ability to withstand and re- Section 1304 of the Energy Independence and ‘‘(3) SEVERE EVENTS.—The Secretary shall duce the magnitude or duration of disruptive Security Act of 2007 (42 U.S.C. 17384) is amend- prioritize enhancing cyber and physical situa- events, which includes the capability to antici- ed— tional awareness of the electric grid during ad- pate, absorb, adapt to, or rapidly recover from (1) in subsection (a), by inserting ‘‘research, verse manmade and naturally-occurring events. such an event, including from deliberate at- development, and demonstration’’ before ‘‘pro- ‘‘(d) ARCHITECTURE.—The Secretary shall con- tacks, accidents, and naturally occurring gram’’; duct research in collaboration with industry threats or incidents.’’. stakeholders to develop model grid architectures (2) in subsection (b)— SEC. 5323. HYBRID ENERGY SYSTEMS. (A) by amending paragraph (1) to read as fol- to assist with wide-area transmission and dis- Title XIII of the Energy Independence and Se- lows: tribution planning that incorporate expected curity Act of 2007 (42 U.S.C. 17381 et. seq.), as ‘‘(1) IN GENERAL.—The Secretary shall estab- changes to the modern electric grid. In sup- amended, is amended by adding at the end the lish a smart grid regional demonstration initia- porting the development of model grid architec- following: tive (referred to in this subsection as the ‘Initia- tures, the Secretary shall— tive’) composed of demonstration projects fo- ‘‘(1) analyze a variety of grid architecture sce- ‘‘SEC. 1310. HYBRID ENERGY SYSTEMS. cused on cost-effective, advanced technologies narios that range from minor upgrades to exist- ‘‘(a) IN GENERAL.—Not later than 180 days for use in power grid sensing, communications, ing transmission grid infrastructure to scenarios after the enactment of this section, the Sec- analysis, power flow control, visualization, dis- that involve the replacement of significant por- retary shall establish a research, development, tribution automation, industrial control sys- tions of existing transmission grid infrastruc- and demonstration program to develop cost-ef- tems, dynamic line rating systems, grid redesign, ture; fective hybrid energy systems, including— and the integration of distributed energy re- ‘‘(2) analyze the effects of the increasing pro- ‘‘(1) development of computer modeling to de- sources.’’; and liferation of renewable and other zero emissions sign different configurations of hybrid energy (B) in paragraph (2)— energy generation sources, increasing use of dis- systems and to optimize system operation; (i) in subparagraph (D), by striking ‘‘and’’ at tributed resources owned by non-utility entities, ‘‘(2) research on system integration needed to the end; and the use of digital and automated controls plan, design, build, and operate hybrid energy (ii) in subparagraph (E), by striking the pe- not managed by grid operators; systems, including interconnection requirements riod and inserting ‘‘; and’’; and ‘‘(3) include a variety of new and emerging with the electric grid; (iii) by inserting at the end the following: distribution grid technologies, including distrib- ‘‘(3) development of hybrid energy systems for ‘‘(F) to encourage the commercial application uted energy resources, electric vehicle charging various applications, including— of advanced distribution automation tech- stations, distribution automation technologies, ‘‘(A) thermal energy generation and storage nologies that exert intelligent control over elec- energy storage, and renewable energy sources; for buildings and manufacturing; trical grid functions at the distribution level to ‘‘(4) analyze the effects of local load bal- ‘‘(B) electricity storage coupled with energy improve system resilience.’’. ancing and other forms of decentralized control; generation; SEC. 5322. SMART GRID MODELING, VISUALIZA- ‘‘(5) analyze the effects of changes to grid ar- ‘‘(C) desalination; TION, ARCHITECTURE, AND CON- chitectures resulting from modernizing electric ‘‘(D) production of liquid and gaseous fuels; TROLS. grid systems, including communications, con- and Title XIII of the Energy Independence and Se- trols, markets, consumer choice, emergency re- ‘‘(E) production of chemicals such as ammo- curity Act of 2007 (42 U.S.C. 17381 et seq.) is sponse, electrification, and cybersecurity con- nia and ethylene; amended by inserting after section 1304 the fol- cerns; and ‘‘(4) development of testing facilities for hy- lowing: ‘‘(6) develop integrated grid architectures that brid energy systems; and ‘‘SEC. 1304a. SMART GRID MODELING, VISUALIZA- incorporate system resilience for cyber, physical, ‘‘(5) research on incorporation of various TION, ARCHITECTURE, AND CON- and communications systems. technologies for hybrid energy systems, includ- TROLS. ‘‘(e) OPERATION AND CONTROLS RESEARCH AND ing nuclear energy, renewable energy, storage, ‘‘(a) IN GENERAL.—Not later than 180 days DEVELOPMENT.—The Secretary shall conduct re- and carbon capture, utilization, and sequestra- after the enactment of this section, the Sec- search to develop improvements to the operation tion technologies. retary shall establish a program of research, de- and controls of the electric grid, in coordination ‘‘(b) STRATEGIC PLAN.— velopment, demonstration, and commercial ap- with industry partners. Such activities shall in- ‘‘(1) IN GENERAL.—Not later than 1 year after plication on electric grid modeling, sensing, vis- clude— the date of the enactment of this section, the ualization, architecture development, and ad- ‘‘(1) a training facility or facilities to allow Secretary shall submit to the Committee on vanced operation and controls. grid operators to gain operational experience Science, Space, and Technology of the House of

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00103 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4822 CONGRESSIONAL RECORD — HOUSE September 23, 2020 Representatives and the Committee on Energy ‘‘(1) forecasting for predicting generation from ing stations, in collaboration with the National and Natural Resources of the Senate a strategic variable renewable energy sources; Institute for Standards and Technology; plan that identifies opportunities, challenges, ‘‘(2) development of cost-effective low-loss, ‘‘(E) the cybersecurity challenges and needs and standards needed for the development and long-distance transmission lines; and associated with electrifying the transportation commercial application of hybrid energy sys- ‘‘(3) development of cost-effective advanced sector; and tems. The strategic plan shall include— technologies for variable renewable generation ‘‘(F) an assessment of the feasibility of adopt- ‘‘(A) analysis of the potential benefits of de- sources to provide grid services. ing technologies developed under the program velopment of hybrid electric systems on the elec- ‘‘(b) COORDINATION.—In carrying out this pro- established under subsection (a) at Department tric grid; gram, the Secretary shall— facilities. ‘‘(B) analysis of the potential contributions of ‘‘(1) coordinate across all relevant program of- ‘‘(2) RECOMMENDATIONS.—As part of the Vehi- hybrid energy systems to different grid architec- fices at the Department to achieve the goals es- cles-to-Grid Integration Assessment Report, the ture scenarios; tablished in this section, including the Office of Secretary shall develop a 10-year roadmap to ‘‘(C) research and development goals for var- Electricity; and guide the research, development, and dem- ious hybrid energy systems, including those ‘‘(2) comply with section 5326 of the Clean onstration program to integrate electric vehicles identified in subsection (a); Economy Jobs and Innovation Act. onto the electric grid. ‘‘(D) assessment of policy and market barriers ‘‘(c) ADOPTION OF TECHNOLOGIES.—In car- ‘‘(3) CONSULTATION.—In developing this re- to the adoption of hybrid energy systems; rying out this section, the Secretary shall con- port, the Secretary shall consult with relevant ‘‘(E) analysis of the technical and economic sider barriers to adoption and commercial appli- stakeholders, including— feasibility of adoption of different hybrid energy cation of technologies that enable integration of ‘‘(A) electric vehicle manufacturers; systems; and renewable energy sources onto the electric grid, ‘‘(B) electric utilities; ‘‘(F) a 10-year roadmap to guide the program including cost and other economic barriers, and ‘‘(C) public utility commissions; established under subsection (a). shall coordinate with relevant entities to reduce ‘‘(D) vehicle battery manufacturers; ‘‘(2) UPDATES.—Not less than once every 3 these barriers.’’. ‘‘(E) electric vehicle supply equipment manu- years for the duration of this research program, (c) INTEGRATING ELECTRIC VEHICLES ONTO facturers; the Secretary shall submit an updated version of THE ELECTRIC GRID.—Subtitle B of title I of the ‘‘(F) charging infrastructure manufacturers; the strategic plan to the Committee on Science, Energy Independence and Security Act of 2007 ‘‘(G) the National Laboratories; and Space, and Technology of the House of Rep- (42 U.S.C. 17011 et seq.) is amended by adding at ‘‘(H) other Federal agencies, as the Secretary resentatives and the Committee on Energy and the end the following: determines appropriate. Natural Resources of the Senate. ‘‘SEC. 137. RESEARCH AND DEVELOPMENT INTO ‘‘(4) UPDATES.—The Secretary shall update ‘‘(c) PROGRAM IMPLEMENTATION.—In carrying INTEGRATING ELECTRIC VEHICLES the report required under this section every 3 ONTO THE ELECTRIC GRID. out the research, development, demonstration, years for the duration of the program under sec- ‘‘(a) IN GENERAL.—The Secretary shall estab- and commercial application aims of section, the tion (a) and shall submit the updated report to lish a research, development, and demonstration Secretary shall— the Committee on Science, Space, and Tech- ‘‘(1) implement the recommendations set forth program to advance the integration of electric nology of the House of Representatives and the in the strategic plan in subsection (b); vehicles, including plug-in hybrid electric vehi- Committee on Energy and Natural Resources of ‘‘(2) coordinate across all relevant program of- cles, onto the electric grid. the Senate. fices at the Department, including— ‘‘(b) VEHICLES-TO-GRID INTEGRATION ASSESS- ‘‘(c) PROGRAM IMPLEMENTATION.—In carrying ‘‘(A) the Office of Energy Efficiency and Re- MENT REPORT.—Not later than 1 year after the out the research, development, demonstration, newable Energy; enactment of this section, the Secretary shall and commercial application aims of section, the ‘‘(B) the Office of Nuclear Energy; and submit to the Committee on Science, Space, and Secretary shall— ‘‘(C) the Office of Fossil Energy; Technology of the House of Representatives and ‘‘(1) implement the recommendations set forth ‘‘(3) leverage existing programs and resources the Committee on Energy and Natural Resources in the report in subsection (b); of the Department; of the Senate a report on the results of a study ‘‘(2) coordinate across all relevant program of- ‘‘(4) prioritize activities that accelerate the de- that examines the research, development, and fices at the Department to achieve the goals es- velopment of integrated electricity generation, demonstration opportunities, challenges, and tablished in this section, including the Office of storage, and distribution systems with net zero standards needed for integrating electric vehi- Electricity; and greenhouse gas emissions; and cles onto the electric grid. ‘‘(3) comply with section 5326 of the Clean ‘‘(5) comply with section 5326 of the Clean ‘‘(1) REPORT REQUIREMENTS.—The report shall Economy Jobs and Innovation Act. Economy Jobs and Innovation Act. include— ‘‘(d) TESTING CAPABILITIES.—The Secretary ‘‘(d) HYBRID ENERGY SYSTEM DEFINED.—The ‘‘(A) an evaluation of the use of electric vehi- shall coordinate with the National Laboratories term ‘hybrid energy system’ means a system cles to maintain the reliability of the electric to develop testing capabilities for the evalua- composed of 2 or more co-located or jointly oper- grid, including— tion, rapid prototyping, and optimization of ated sub-systems of energy generation, energy ‘‘(i) the use of electric vehicles for demand re- technologies enabling integration of electric ve- storage, or other energy technologies.’’. sponse, load shaping, emergency power, and fre- hicles onto the electric grid.’’. SEC. 5324. GRID INTEGRATION RESEARCH AND quency regulation; and DEVELOPMENT. ‘‘(ii) the potential for the reuse of spent elec- (d) RESEARCH AND DEVELOPMENT ON INTE- (a) INTEGRATING DISTRIBUTED ENERGY RE- tric vehicle batteries for stationary grid storage; GRATING BUILDINGS ONTO THE ELECTRIC GRID.— SOURCES ONTO THE ELECTRIC GRID.—Section ‘‘(B) the impact of grid integration on electric Subtitle B of title IV of the Energy Independ- 925(a) of the Energy Policy Act of 2005 (42 vehicles, including— ence and Security Act of 2007 (42 U.S.C. 17081 et U.S.C. 16215) is amended— ‘‘(i) the impact of bi-directional electricity seq.) is amended by adding at the end the fol- (1) by redesignating paragraphs (10) and (11) flow on battery degradation; and lowing: as paragraphs (12) and (13), respectively; and ‘‘(ii) the implications of the use of electric ve- ‘‘SEC. 426. ADVANCED INTEGRATION OF BUILD- (2) by inserting after paragraph (9) the fol- hicles for grid services on original equipment INGS ONTO THE ELECTRIC GRID. lowing: manufacturer warranties; ‘‘(a) BUILDINGS-TO-GRID INTEGRATION RE- ‘‘(10) the development of cost-effective tech- ‘‘(C) the impacts to the electric grid of in- PORT.—Not later than 1 year after the enact- nologies that enable two-way information and creased penetration of electric vehicles, includ- ment of this section, the Secretary shall submit power flow between distributed energy resources ing— to the Committee on Science, Space, and Tech- and the electric grid; ‘‘(i) the distribution grid infrastructure need- nology of the House of Representatives and the ‘‘(11) the development of technologies and ed to support an increase in charging capacity; Committee on Energy and Natural Resources of concepts that enable interoperability between ‘‘(ii) strategies for integrating electric vehicles the Senate a report on the results of a study distributed energy resources and other behind- onto the distribution grid while limiting infra- that examines the research, development, and the-meter devices and the electric grid;’’. structure upgrades; demonstration opportunities, challenges, and (b) INTEGRATING RENEWABLE ENERGY ONTO ‘‘(iii) the changes in electricity demand over a standards needed to enable components of com- THE ELECTRIC GRID.—Subtitle C of title IX of 24-hour cycle due to electric vehicle charging be- mercial and residential buildings to serve as dy- the Energy Policy Act of 2005 (42 U.S.C. 16231 et havior; namic energy loads on and resources for the seq.) is amended by adding at the end the fol- ‘‘(iv) the load increases expected from electri- electric grid. lowing: fying the transportation sector; ‘‘(1) REPORT REQUIREMENTS.—The report shall ‘‘SEC. 936. RESEARCH AND DEVELOPMENT INTO ‘‘(v) the potential for customer incentives and include— INTEGRATING RENEWABLE ENERGY other managed charging stations strategies to ‘‘(A) an assessment of the technologies needed ONTO THE ELECTRIC GRID. shift charging off-peak; to enable building components as dynamic loads ‘‘(a) IN GENERAL.—Not later than 180 days ‘‘(vi) the technology needed to achieve bi-di- on and resources for the electric grid, including after the enactment of this section, the Sec- rectional power flow on the distribution grid; how such technologies can be— retary shall establish a research, development, and ‘‘(i) incorporated into new commercial and and demonstration program on technologies that ‘‘(vii) the implementation of smart charging residential buildings; and enable integration of renewable energy genera- techniques; ‘‘(ii) retrofitted in older buildings; tion sources onto the electric grid across mul- ‘‘(D) research on the standards needed to in- ‘‘(B) guidelines for the design of new build- tiple program offices of the Department. The tegrate electric vehicles with the grid, including ings and building components to enable modern program shall include— communications systems, protocols, and charg- grid interactivity and improve energy efficiency;

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‘‘(C) an assessment of barriers to the adoption (1) ENERGY INDEPENDENCE AND SECURITY ACT data analytics techniques, such as intrusion de- by building owners of advanced technologies en- OF 2007.—Section 1(b) of the Energy Independ- tection, and security information and event abling greater integration of building compo- ence and Security Act of 2007 is amended in the management systems, to validate and verify sys- nents onto the electric grid; and table of contents— tem behavior; ‘‘(D) an assessment of the feasibility of adopt- (A) by inserting the following after the item ‘‘(3) assess emerging cybersecurity capabilities ing advanced building technologies at Depart- related to section 136: that could be applied to energy systems and de- ment facilities. ‘‘Sec. 137. Research and development into inte- velop technologies that integrate cybersecurity ‘‘(2) RECOMMENDATIONS.—As part of the re- grating electric vehicles onto the features and procedures into the design and de- port, the Secretary shall develop a 10-year road- electric grid.’’; velopment of existing and emerging grid tech- map to guide the research, development, and (B) by inserting the following after the item nologies, including renewable energy, storage, demonstration program to enable components of related to section 425: and demand-side management technologies; commercial and residential buildings to serve as ‘‘(4) identify existing vulnerabilities in intel- ‘‘Sec. 426. Advanced integration of buildings dynamic energy loads on and resources for the ligent electronic devices, advanced analytics onto the electric grid.’’; electric grid. systems, and information systems; (C) by inserting the following after the item ‘‘(3) UPDATES.—The Secretary shall update ‘‘(5) work with relevant entities to develop related to section 1304: the report required under this section every 3 technologies or concepts that build or retrofit years for the duration of the program under ‘‘Sec. 1304a. Smart grid modeling, visualization, cybersecurity features and procedures into— subsection (a) and shall submit the updated re- architecture, and controls.’’; and ‘‘(A) information and energy management sys- port to the Committee on Science, Space, and (D) by inserting the following after the item tem devices, components, software, firmware, Technology of the House of Representatives and related to section 1309: and hardware, including distributed control and the Committee on Energy and Natural Resources ‘‘Sec. 1310. Hybrid energy systems. management systems, and building management of the Senate. ‘‘Sec. 1311. Industry Alliance.’’. systems; ‘‘(b) PROGRAM IMPLEMENTATION.—In carrying (2) ENERGY POLICY ACT OF 2005.—Section 1(b) ‘‘(B) data storage systems, data management out this section, the Secretary shall— of the Energy Policy Act of 2005 is amended in systems, and data analysis processes; ‘‘(1) implement the recommendations from the the table of contents by inserting the following ‘‘(C) automated- and manually-controlled de- report in subsection (a); after the item related to section 935: vices and equipment for monitoring and stabi- ‘‘(2) coordinate across all relevant program of- ‘‘Sec. 936. Research and development into inte- lizing the electric grid; fices at the Department to achieve the goals es- grating renewable energy onto the ‘‘(D) technologies used to synchronize time tablished in this section, including the Office of electric grid.’’. and develop guidance for operational contin- Electricity; and (b) AUTHORIZATION OF APPROPRIATIONS.— gency plans when time synchronization tech- ‘‘(3) comply with section 5326 of the Clean There are authorized to be appropriated— nologies, are compromised; Economy Jobs and Innovation Act.’’. (1) to carry out sections 5325 and 5326 and the ‘‘(E) power system delivery and end user sys- SEC. 5325. INDUSTRY ALLIANCE. amendments made by sections 5321 and 5322 of tems and devices that connect to the grid, in- Title XIII of the Energy Independence and Se- this part— cluding— curity Act of 2007 (42 U.S.C. 17381 et. seq.), as (A) $175,000,000 for fiscal year 2021; ‘‘(i) meters, phasor measurement units, and amended, is amended by adding at the end the (B) $180,000,000 for fiscal year 2022; other sensors; following: (C) $185,000,000 for fiscal year 2023; ‘‘(ii) distribution automation technologies, ‘‘SEC. 1311. INDUSTRY ALLIANCE. (D) $190,000,000 for fiscal year 2024; and smart inverters, and other grid control tech- ‘‘(a) IN GENERAL.—Not later than 180 days (E) $199,500,000 for fiscal year 2025; nologies; after the enactment of this section, the Sec- (2) to carry out section 5323 of this part— ‘‘(iii) distributed generation, energy storage, retary shall establish an advisory committee (to (A) $21,000,000 for fiscal year 2021; and other distributed energy technologies; be known as the ‘Industry Alliance’) to advise (B) $22,050,000 for fiscal year 2022; ‘‘(iv) demand response technologies; the Secretary on the authorization of research, (C) $23,153,000 for fiscal year 2023; ‘‘(v) home and building energy management development, and demonstration projects under (D) $24,310,000 for fiscal year 2024; and and control systems; ‘‘(vi) electric and plug-in hybrid vehicles and sections 1304 and 1304a. (E) $25,525,000 for fiscal year 2025; and electric vehicle charging systems; and ‘‘(b) MEMBERSHIP.—The Industry Alliance (3) to carry out section 5324 of this part— shall be composed of members selected by the (A) $52,500,000 for fiscal year 2021; ‘‘(vii) other relevant devices, software, Secretary that, as a group, are broadly rep- (B) $55,152,000 for fiscal year 2022; firmware, and hardware; and ‘‘(F) the supply chain of electric grid manage- resentative of United States electric grid re- (C) $57,882,000 for fiscal year 2023; ment system components; search, development, infrastructure, operations, (D) $60,775,000 for fiscal year 2024; and ‘‘(6) develop technologies that improve the and manufacturing expertise. (E) $63,814,000 for fiscal year 2025. physical security of information systems, includ- ‘‘(c) RESPONSIBILITY.—The Secretary shall an- PART 3—GRID SECURITY RESEARCH AND ing remote assets; nually solicit from the Industry Alliance— DEVELOPMENT ‘‘(1) comments to identify grid modernization ‘‘(7) integrate human factors research into the technology needs; SEC. 5341. AMENDMENT TO ENERGY INDEPEND- design and development of advanced tools and ENCE AND SECURITY ACT OF 2007. ‘‘(2) an assessment of the progress of the re- processes for dynamic monitoring, detection, (a) IN GENERAL.—Title XIII of the Energy search activities on grid modernization; and protection, mitigation, response, and cyber situ- ‘‘(3) assistance in annually updating grid Independence and Security Act of 2007 (42 ational awareness; modernization technology roadmaps.’’. U.S.C. 17381 et seq.), as amended by this Act, is ‘‘(8) evaluate and understand the potential further amended by adding at the end the fol- consequences of practices used to maintain the SEC. 5326. COORDINATION OF EFFORTS. lowing: cybersecurity of information systems and intel- In carrying out the amendments made by this ligent electronic devices; part, the Secretary shall coordinate with rel- ‘‘SEC. 1312. ENERGY SECTOR SECURITY RE- SEARCH, DEVELOPMENT, AND DEM- ‘‘(9) develop or expand the capabilities of ex- evant entities to the maximum extent prac- ONSTRATION PROGRAM. isting cybersecurity test beds to simulate impacts ticable, including— ‘‘(a) IN GENERAL.—The Secretary, in coordi- of cyber attacks and combined cyber-physical (1) electric utilities; nation with appropriate Federal agencies, the (2) private sector entities; attacks on information systems and electronic (3) representatives of all sectors of the electric Electricity Subsector Coordinating Council, the devices, including by increasing access to exist- power industry; Electric Reliability Organization, State, tribal, ing and emerging test beds for cooperative utili- (4) transmission organizations; local, and territorial governments, the private ties, utilities owned by a political subdivision of (5) transmission owners and operators; sector, and other relevant stakeholders, shall a State, such as municipally-owned electric util- (6) distribution organizations; carry out a research, development, and dem- ities, and other relevant stakeholders; and (7) distribution asset owners and operators; onstration program to protect the electric grid ‘‘(10) develop technologies that reduce the cost (8) State, tribal, local, and territorial govern- and energy systems, including assets connected of implementing effective cybersecurity tech- ments and regulatory authorities; to the distribution grid, from cyber and physical nologies and tools, including updates to these (9) academic institutions; attacks by increasing the cyber and physical se- technologies and tools, in the energy sector. (10) the National Laboratories; curity capabilities of the energy sector and ac- ‘‘(c) NATIONAL SCIENCE FOUNDATION.—The (11) other Federal agencies; celerating the development of relevant tech- National Science Foundation, in coordination (12) nonprofit organizations; nologies and tools. with other Federal agencies, shall through its (13) the Federal Energy Regulatory Commis- ‘‘(b) DEPARTMENT OF ENERGY.—As part of the cybersecurity research and development pro- sion; initiative described in subsection (a), the Sec- grams— (14) the North American Reliability Corpora- retary shall award research, development, and ‘‘(1) support basic research to advance knowl- tion; demonstration grants to— edge, applications, technologies, and tools to (15) independent system operators; and ‘‘(1) identify cybersecurity risks to the elec- strengthen the cybersecurity of information sys- (16) programs and program offices at the De- tricity sector, energy systems, and energy infra- tems that support the electric grid and energy partment. structure; systems, including interdisciplinary research SEC. 5327. TECHNICAL AMENDMENTS; AUTHOR- ‘‘(2) develop methods and tools to rapidly de- in— IZATION OF APPROPRIATIONS. tect cyber intrusions and cybersecurity inci- ‘‘(A) evolutionary systems, theories, mathe- (a) TECHNICAL AMENDMENTS.— dents, including through the use of data and big matics, and models;

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‘‘(B) economic and financial theories, mathe- ‘‘(2) analysis of non-technical barriers to ‘‘(4) AUTHORITY.—Nothing in this section matics, and models; and greater integration and use of technologies on shall authorize the Secretary to require any en- ‘‘(C) big data analytical methods, mathe- the distribution grid; tity to adopt any model, tool, technology, plan, matics, computer coding, and algorithms; and ‘‘(3) analysis of past large-area, long-duration analysis, or assessment. ‘‘(2) support cybersecurity education and electricity interruptions to identify common ele- ‘‘SEC. 1314. BEST PRACTICES AND GUIDANCE training focused on information systems for the ments and best practices for electricity restora- DOCUMENTS FOR ENERGY SECTOR electric grid and energy workforce, including tion, mitigation, and prevention of future dis- CYBERSECURITY RESEARCH. through the Advanced Technological Education ruptions; ‘‘(a) IN GENERAL.—The Secretary, in coordi- program, the Cybercorps program, graduate re- ‘‘(4) development of advanced monitoring, nation with appropriate Federal agencies, the search fellowships, and other appropriate pro- analytics, operation, and controls of electric Electricity Subsector Coordinating Council, grams. grid systems to improve electric grid resilience; standards development organizations, State, ‘‘SEC. 1313. GRID RESILIENCE AND EMERGENCY ‘‘(5) analysis of technologies, methods, and tribal, local, and territorial governments, the RESPONSE. concepts that can improve community resilience private sector, public utility commissions, and ‘‘(a) IN GENERAL.—Not later than 180 days and survivability of frequent or long-duration other relevant stakeholders, shall coordinate the after the enactment of this section, the Sec- power outages; development of guidance documents for re- retary, in coordination with appropriate Federal ‘‘(6) development of methodologies to maintain search, development, and demonstration activi- agencies, shall establish a research, develop- cybersecurity during restoration of energy sector ties to improve the cybersecurity capabilities of ment, and demonstration program to enhance infrastructure and operation; the energy sector through participating agen- resilience and strengthen emergency response ‘‘(7) development of advanced power flow con- cies. As part of these activities, the Secretary, in and management pertaining to the energy sec- trol systems and components to improve electric consultation with relevant Federal agencies, tor. grid resilience; and shall— ‘‘(b) GRANTS.—The Secretary shall award ‘‘(8) any other relevant activities determined ‘‘(1) facilitate stakeholder involvement to up- grants to eligible entities under subsection (c) on by the Secretary. date— a competitive basis to conduct research and de- ‘‘(e) TECHNICAL ASSISTANCE.— ‘‘(A) the Roadmap to Achieve Energy Delivery velopment with the purpose of improving the re- ‘‘(1) IN GENERAL.—The Secretary, in consulta- Systems Cybersecurity; silience and reliability of electric grid by— tion with relevant Federal agencies, shall pro- ‘‘(B) the Cybersecurity Procurement Lan- ‘‘(1) developing methods to improve commu- vide technical assistance to eligible entities for guage for Energy Delivery Systems, including nity and governmental preparation for and the commercial application of technologies to developing guidance for— emergency response to large-area, long-duration improve the resilience of the electric grid and ‘‘(i) contracting with third parties to conduct electricity interruptions, including through the commercial application of technologies to help vulnerability testing for information systems use of energy efficiency, storage, and distributed entities develop plans for preventing and recov- used across the energy production, delivery, generation technologies; ering from various power outage scenarios at storage, and end use systems; ‘‘(2) developing tools to help utilities and com- the local, regional, and State level. ‘‘(ii) contracting with third parties that utilize munities ensure the continuous delivery of elec- ‘‘(2) TECHNICAL ASSISTANCE PROGRAM.—The transient devices to access information systems; tricity to critical facilities; commercial application technical assistance pro- and ‘‘(3) developing tools to improve coordination gram established in paragraph (1) shall include ‘‘(iii) managing supply chain risks; and between utilities and relevant Federal agencies assistance to eligible entities for— ‘‘(C) the Electricity Subsector Cybersecurity to enable communication, information-sharing, ‘‘(A) the commercial application of tech- Capability Maturity Model, including the devel- and situational awareness in the event of a nologies developed from the grant program es- opment of metrics to measure changes in cyber- physical or cyber-attack on the electric grid; tablished in subsection (b), including coopera- security readiness; and ‘‘(2) develop voluntary guidance to improve ‘‘(4) developing technologies and capabilities tive utilities and utilities owned by a political digital forensic analysis capabilities, includ- to withstand and address the current and pro- subdivision of a State, such as municipally- ing— jected impact of the changing climate on energy owned electric utilities; ‘‘(A) developing standardized terminology and sector infrastructure, including extreme weather ‘‘(B) the development of methods to strength- monitoring processes; and events and other natural disasters; en or otherwise mitigate adverse impacts on ‘‘(5) developing technologies capable of early ‘‘(B) utilizing human factors research to de- electric grid infrastructure against natural haz- velop more effective procedures for logging inci- detection of malfunctioning electrical equipment ards; on the transmission and distribution grid, in- dent events; and ‘‘(C) the use of Department data and modeling ‘‘(3) develop a mechanism to anonymize, ag- cluding detection of spark ignition causing tools for various purposes; gregate, and share the testing results from cy- wildfires and risks of vegetation contact; ‘‘(D) a resource assessment and analysis of fu- ‘‘(6) assessing upgrades and additions needed bersecurity test beds to facilitate technology im- ture demand and distribution requirements, in- provements by public and private sector re- to energy sector infrastructure due to projected cluding development of advanced grid architec- changes in the energy generation mix and en- searchers. tures and risk analysis; and ‘‘(b) BEST PRACTICES.—The Secretary, in col- ergy demand; and ‘‘(E) the development of tools and technologies ‘‘(7) upgrading tools used to estimate the costs laboration with the Director of the National In- to coordinate data across relevant entities to stitute of Standards and Technology, the Direc- of outages longer than 24 hours. promote resilience and wildfire prevention in the ‘‘(8) developing tools and technologies to as- tor of the Cybersecurity and Infrastructure Se- planning, design, construction, operation, and curity Agency, and other appropriate Federal sist with the planning, safe execution of, and maintenance of transmission infrastructure; safe and timely restoration of power after emer- agencies, shall convene relevant stakeholders ‘‘(F) analysis to predict the likelihood of ex- and facilitate the development of— gency power shut offs, such as those conducted treme weather events to inform the planning, to reduce risks of wildfires started by grid infra- ‘‘(1) consensus-based best practices to improve design, construction, operation, and mainte- cybersecurity for— structure. nance of transmission infrastructure in con- ‘‘(c) ELIGIBLE ENTITIES.—The entities eligible ‘‘(A) emerging energy technologies; sultation with the National Oceanic and Atmos- ‘‘(B) distributed generation and storage tech- to receive grants under this section include— pheric Administration; and ‘‘(1) an institution of higher education, in- nologies, and other distributed energy resources; ‘‘(G) the commercial application of relevant ‘‘(C) electric vehicles and electric vehicle cluding a historically Black college or university technologies, such as distributed energy recharging stations; and and a minority-serving institution. sources, microgrids, or other energy tech- ‘‘(D) other technologies and devices that con- ‘‘(2) a nonprofit organization; ‘‘(3) a National Laboratory; nologies, to establish backup power for users or nect to the electric grid; ‘‘(4) a unit of State, local, or tribal govern- facilities affected by emergency power shutoffs. ‘‘(2) recommended cybersecurity designs and ment; ‘‘(3) ELIGIBLE ENTITIES.—The entities eligible technical requirements that can be used by the ‘‘(5) an electric utility or electric cooperative; to receive technical assistance for commercial private sector to design and build interoperable ‘‘(6) a retail service provider of electricity; application of technologies under this section cybersecurity features into technologies that ‘‘(7) a private commercial entity; include— connect to the electric grid, including networked ‘‘(8) a partnership or consortium of 2 or more ‘‘(A) representatives of all sectors of the elec- devices and components on distribution systems; entities described in subparagraphs (1) through tric power industry, including electric utilities, and (7); and trade organizations, and transmission and dis- ‘‘(3) technical analysis that can be used by ‘‘(9) any other entities the Secretary deems tribution system organizations, owners, and op- the private sector in developing best practices appropriate. erators; for test beds and test bed methodologies that will ‘‘(d) RELEVANT ACTIVITIES.—Grants awarded ‘‘(B) State and local governments and regu- enable reproducible testing of cybersecurity pro- under subsection (b) shall include funding for latory authorities, including public utility com- tections for information systems, electronic de- research and development activities related to missions; vices, and other relevant components, software, the purpose described in subsection (b), such ‘‘(C) tribal and Alaska Native governmental and hardware across test beds. as— entities; ‘‘(c) REGULATORY AUTHORITY.—None of the ‘‘(1) development of technologies to use dis- ‘‘(D) partnerships among entities under sub- activities authorized in this section shall be contributed energy resources, such as solar paragraphs (A) through (C); strued to authorize regulatory actions. Addi- photovoltaics, energy storage systems, electric ‘‘(E) regional partnerships; and tionally, the voluntary standards developed vehicles, and microgrids, to improve grid and ‘‘(F) any other entities the Secretary deems under this section shall not duplicate or conflict critical end-user resilience; appropriate. with mandatory reliability standards.

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‘‘SEC. 1315. VULNERABILITY TESTING AND TECH- search needs and opportunities for collaboration ‘‘(b) CONTENT.—The study shall— NICAL ASSISTANCE TO IMPROVE CY- among Federal agencies and other relevant ‘‘(1) analyze processes, operational proce- BERSECURITY. stakeholders; dures, and other factors common among cyber ‘‘The Secretary shall— ‘‘(2) identify interdisciplinary research, tech- attacks; ‘‘(1) coordinate with appropriate Federal nology, and tools that can be applied to cyberse- ‘‘(2) identify areas where human behavior agencies and energy sector asset owners and op- curity challenges in the energy sector; plays a critical role in maintaining or compro- erators, leveraging the research facilities and ‘‘(3) identify technology transfer opportunities mising the security of a system; expertise of the National Laboratories, to assist to accelerate the development and commercial ‘‘(3) recommend— entities in developing testing capabilities by— application of novel cybersecurity technologies, ‘‘(A) changes to the design of devices, human- ‘‘(A) utilizing a range of methods to identify systems, and processes in the energy sector; and machine interfaces, technologies, tools, proc- vulnerabilities in physical and cyber systems; ‘‘(4) develop a coordinated Interagency Stra- esses, or procedures to optimize security that do ‘‘(B) developing cybersecurity risk assessment tegic Plan for research to advance cybersecurity not require a change in human behavior; and tools and providing analyses and recommenda- capabilities used in the energy sector that builds ‘‘(B) training techniques to increase the cations to participating stakeholders; and on the Roadmap to Achieve Energy Delivery pacity of employees to actively identify, prevent, ‘‘(C) working with appropriate Federal agen- Systems in Cybersecurity and the Multi-Year or neutralize the impact of cyber attacks; cies and stakeholders to develop methods to Program Plan for Energy Sector Cybersecurity. ‘‘(4) evaluate existing engineering and tech- share anonymized and aggregated test results to ‘‘(b) INTERAGENCY STRATEGIC PLAN.— nical design criteria and guidelines that incor- assist relevant stakeholders in the energy sector, ‘‘(1) SUBMITTAL.—The Interagency Strategic porate human factors research findings, and researchers, and the private sector to advance Plan developed under subsection (a)(4) shall be recommend criteria and guidelines for cyberse- cybersecurity efforts, technologies, and tools; submitted to Congress and made public within curity tools that can be used to develop display ‘‘(2) in coordination with appropriate Federal 12 months after the date of enactment of this systems for cybersecurity monitoring, such as agencies, collaborate with relevant stakeholders, section. alarms, user-friendly displays, and layouts; including public utility commissions, to— ‘‘(2) CONTENTS.—The Interagency Strategic ‘‘(5) evaluate the cybersecurity risks and ben- ‘‘(A) identify information, research, staff Plan shall include— efits of various design and architecture options training, and analytical tools needed to evalu- ‘‘(A) an analysis of how existing cybersecurity for energy sector systems, networked grid sys- ate cybersecurity issues and challenges in the research efforts across the Federal Government tems and components, and automation systems, energy sector; and are advancing the goals of the Roadmap to including consideration of— ‘‘(B) facilitate the sharing of information and Achieve Energy Delivery Systems Cybersecurity ‘‘(A) designs that include both digital and the development of tools identified under sub- and the Multi-Year Program Plan for Energy analog control devices and technologies; paragraph (A); ‘‘(3) coordinate with tribal governments to Sector Cybersecurity; ‘‘(B) different communication technologies identify information, research, and analysis ‘‘(B) recommendations for research areas that used to transfer information and data between tools needed by tribal governments to increase may advance the cybersecurity of the energy control system devices, technologies, and system the cybersecurity of energy assets within their sector; operators; jurisdiction. ‘‘(C) an overview of existing and proposed ‘‘(C) automated and human-in-the-loop de- public and private sector research efforts that vices and technologies; ‘‘SEC. 1316. EDUCATION AND WORKFORCE TRAIN- address the topics outlined in paragraph (3); ‘‘(D) programmable versus nonprogrammable ING RESEARCH AND STANDARDS. and devices and technologies; ‘‘(a) IN GENERAL.—The Secretary shall sup- ‘‘(D) an overview of needed support for work- ‘‘(E) increased redundancy using dissimilar port the development of an energy sector cyber- force training in cybersecurity for the energy cybersecurity technologies; and security workforce through a program that— sector. ‘‘(F) grid architectures that use autonomous ‘‘(1) facilitates collaboration between under- ‘‘(3) CONSIDERATIONS.—In developing the functions to limit control vulnerabilities; and graduate and graduate students, researchers at Interagency Strategic Plan, the Secretary, in co- ‘‘(6) recommend methods or metrics to docu- the National Laboratories, and the civilian en- ordination with appropriate Federal agencies ment changes in risks associated with system de- ergy sector; ‘‘(2) prioritizes science and technology in and the Energy Sector Government Coordi- signs and architectures. areas relevant to the mission of the Department nating Council, shall consider— ‘‘(c) CONSULTATION.—In conducting the of Energy through the design and application of ‘‘(A) opportunities for human factors research study, the Secretary shall consult with energy cybersecurity technologies for the energy sector; to improve the design and effectiveness of cyber- sector stakeholders, academic researchers, the ‘‘(3) develops, or facilitates private sector de- security devices, technologies, tools, processes, private sector, and other relevant stakeholders. velopment of, voluntary cybersecurity training and training programs; ‘‘(d) REPORT.—Not later than 24 months after and retraining standards, lessons, and rec- ‘‘(B) contributions of other disciplines to the the date of enactment of this section, the Sec- ommendations for the energy sector that mini- development of innovative cybersecurity proce- retary shall submit the study to the Committee mize duplication of cybersecurity compliance dures, devices, components, technologies, and on Science, Space, and Technology of the House training programs; and tools; of Representatives and the Committee on Energy ‘‘(4) maintains a public database of energy ‘‘(C) opportunities for technology transfer and Natural Resources of the Senate. sector cybersecurity education, training, and programs to facilitate private sector development ‘‘SEC. 1319. DEFINITIONS. certification programs. of cybersecurity procedures, devices, compo- ‘‘For purposes of sections 1312 through 1318: ‘‘(b) GRID RESILIENCE TECHNOLOGY TRAIN- nents, technologies, and tools for the energy sec- ‘‘(1) BIG DATA.—The term ‘big data’ means ING.—The Secretary shall support the develop- tor; and datasets that require advanced analytical meth- ment of the grid workforce through a training ‘‘(D) broader applications of the work done by ods for their transformation into useful informa- program that prioritizes activities that enhance relevant Federal agencies to advance the cyber- tion. the resilience of the electric grid and energy sec- security of information systems and data ana- ‘‘(2) HISTORICALLY BLACK COLLEGE OR UNIVER- tor infrastructure, including training on the use lytics systems for the energy sector. SITY.—The term ‘historically Black college or of tools, technologies, and methods developed ‘‘(c) PARTICIPATION.—For the purposes of car- university’ has the meaning given the term ‘part under the grant program established in section rying out this section, the Energy Sector Gov- B institution’ in section 322(2) of the Higher 1313(b). ernment Coordinating Council shall include rep- Education Act of 1965 (29 U.S.C. 106(2)). ‘‘(c) COLLABORATION.—In carrying out the resentatives from Federal agencies with exper- ‘‘(3) HUMAN FACTORS RESEARCH.—The term program authorized in subsection (a) and (b), tise in the energy sector, information systems, ‘human factors research’ means research on the Secretary shall coordinate with appropriate data analytics, cyber and physical systems, en- human performance in social and physical envi- Federal agencies and leverage programs and ac- gineering, human factors research, human-ma- ronments, and on the integration and inter- tivities carried out across the Department of En- chine interfaces, high performance computing, action of humans with physical systems and ergy, other relevant Federal agencies, institu- big data and data analytics, or other disciplines computer hardware and software. tions of higher education, and other appropriate considered appropriate by the Council Chair. ‘‘(4) HUMAN-MACHINE INTERFACES.—The term entities best suited to provide national leader- ‘‘SEC. 1318. REPORT TO CONGRESS. ‘human-machine interfaces’ means technologies ship on cybersecurity and grid resilience-related ‘‘(a) STUDY.—The Secretary, in collaboration that present information to an operator or user issues. with appropriate Federal agencies and energy about the state of a process or system, or accept ‘‘SEC. 1317. INTERAGENCY COORDINATION AND sector stakeholders, in order to provide rec- human instructions to implement an action, in- STRATEGIC PLAN FOR ENERGY SEC- ommendations for additional research, develop- cluding visualization displays such as a graph- TOR CYBERSECURITY RESEARCH. ment, demonstration, and commercial applica- ical user interface. ‘‘(a) DUTIES.—The Secretary, in coordination tion activities, shall— ‘‘(5) MINORITY-SERVING INSTITUTION.—The with appropriate Federal agencies and the En- ‘‘(1) analyze physical and cyber attacks on in- term ‘minority-serving institution’ means an eli- ergy Sector Government Coordinating Council, frastructure related to energy functions in the gible institution under section 371(a) of the shall— energy sector and identify cost-effective oppor- Higher Education Act of 1965 (20 U.S.C. ‘‘(1) review the most recent versions of the tunities to improve physical and cyber security 1067q(a)). Roadmap to Achieve Energy Delivery Systems for such infrastructure; and ‘‘(6) NATIONAL LABORATORY.—The term ‘na- Cybersecurity and the Multi-Year Program Plan ‘‘(2) examine the risks associated with increas- tional laboratory’ has the meaning given the for Energy Sector Cybersecurity to identify ing penetration of digital technologies in grid term in section 2 of the Energy Policy Act of crosscutting energy sector cybersecurity re- networks, particularly on the distribution grid. 2005 (42 U.S.C. 15801).

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‘‘(7) SECURITY VULNERABILITY.—The term ‘se- ‘‘Sec. 1316. Education and workforce training (3) a description of participation of Tribal curity vulnerability’ has the meaning given the research and standards. members in the electric utility workforce, includ- term in section 102 of the Cybersecurity Infor- ‘‘Sec. 1317. Interagency coordination and stra- ing the workforce for construction and mainte- mation Sharing Act of 2015 (6 U.S.C. 1501). tegic plan for energy sector cyber- nance of renewable energy resources and dis- ‘‘(8) TRANSIENT DEVICES.—The term ‘transient security research. tributed energy resources; devices’ means removable media, including flop- ‘‘Sec. 1318. Report to Congress. (4) the percentage of households residing in py disks, compact disks, USB flash drives, exter- ‘‘Sec. 1319. Definitions.’’. Tribal communities or on Indian land that do nal hard drives, mobile devices, and other de- Subtitle D—Tribal Energy not have access to electricity; vices that utilize wireless connections.’’. (5) the potential of distributed energy re- SEC. 5401. INDIAN ENERGY. (b) AUTHORIZATION OF APPROPRIATIONS.— sources to provide electricity to households re- (a) DEFINITION OF INDIAN LAND.—Section There are authorized to be appropriated to carry siding in Tribal communities or on Indian land; out the amendments made by subsection (a)— 2601(2) of the Energy Policy Act of 1992 (25 (6) the potential for tribally-owned electric (1) $150,000,000 for fiscal year 2021; U.S.C. 3501(2)) is amended— utilities or electric utility assets to participate in (1) in subparagraph (B)(iii), by striking (2) $157,500,000 for fiscal year 2022; or benefit from regional electricity markets; (3) $165,375,000 for fiscal year 2023; ‘‘and’’; (7) a description of the barriers to providing (4) $173,645,000 for fiscal year 2024; and (2) in subparagraph (C), by striking ‘‘land.’’ access to electric service to households residing (5) $182,325,000 for fiscal year 2025. and inserting ‘‘land;’’; and in Tribal communities or on Indian land; and SEC. 5342. CRITICAL INFRASTRUCTURE RE- (3) by adding at the end the following sub- (8) recommendations to improve access to and SEARCH AND CONSTRUCTION. paragraphs: reliability of electric service for households re- ‘‘(D) any land located in a census tract in (a) IN GENERAL.—The Secretary of Energy siding in Tribal communities or on Indian land. which the majority of residents are Natives (as shall carry out a program of research, develop- (d) DEFINITIONS.—In this section: ment, and demonstration of technologies and defined in section 3(b) of the Alaska Native (1) TRIBAL MEMBER.—The term ‘‘Tribal mem- tools to help ensure the resilience and security Claims Settlement Act (43 U.S.C. 1602(b))); and ber’’ means a person who is an enrolled member of critical infrastructure. ‘‘(E) any land located in a census tract in of a federally recognized Tribe or village. (b) COORDINATION.—In carrying out the pro- which the majority of residents are persons who (2) TRIBAL COMMUNITY.—The term ‘‘Tribal gram under subsection (a), the Secretary shall are enrolled members of a federally recognized community’’ means a community in a United leverage expertise and resources of and coordi- Tribe or village.’’. States census tract in which the majority of resi- nate with— (b) REDUCTION OF COST SHARE.—Section dents are persons who are enrolled members of (1) relevant programs and activities across the 2602(b)(5) of the Energy Policy Act of 1992 (25 a federally recognized Tribe or village. Department of Energy; and U.S.C. 3502(b)(5)) is amended by adding at the TITLE VI—TRANSPORTATION (2) other relevant Federal agencies. end the following subparagraphs: (c) ENERGY SECTOR CRITICAL INFRASTRUCTURE ‘‘(D) The Secretary of Energy may reduce any Subtitle A—Diesel Emissions Reduction TEST FACILITY.—In carrying out the program applicable cost share required of an Indian SEC. 6101. REAUTHORIZATION OF DIESEL EMIS- under subsection (a), the Secretary, in consulta- tribe, intertribal organization, or tribal energy SIONS REDUCTION PROGRAM. tion with other appropriate Federal agencies, development organization in order to receive a Section 797(a) of the Energy Policy Act of 2005 shall establish and operate an Energy Sector grant under this subsection to not less than 10 (42 U.S.C. 16137(a)) is amended by striking Critical Infrastructure Test Facility (referred to percent if the Indian tribe, intertribal organiza- ‘‘$100,000,000 for each of fiscal years 2012 in this section as the ‘‘Test Facility’’) that al- tion, or tribal energy development organization through 2016’’ and inserting ‘‘$500,000,000 for lows for scalable physical and cyber perform- meets criteria developed by the Secretary of En- each of fiscal years 2021 through 2025’’. ance testing to be conducted on industry-scale ergy, including financial need. Subtitle B—Clean School Bus Program energy sector critical infrastructure systems. ‘‘(E) Section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352) shall not apply to assist- SEC. 6201. REAUTHORIZATION OF CLEAN SCHOOL This facility shall include a focus on— BUS PROGRAM. (1) cybersecurity test beds; and ance provided under this subsection.’’. (a) DEFINITIONS.— (2) electric grid test beds. (c) AUTHORIZATION.—Section 2602(b)(7) of the (1) ALTERNATIVE FUEL.—Section 741(a)(2) of (d) SELECTION.—The Secretary shall select the Energy Policy Act of 1992 (25 U.S.C. 3502(b)(7)) the Energy Policy Act of 2005 (42 U.S.C. Test Facility under this section on a competi- is amended by striking ‘‘$20,000,000 for each of 16091(a)) is amended— tive, merit-reviewed basis. The Secretary shall fiscal years 2006 through 2016’’ and inserting (A) in subparagraph (B), by striking ‘‘or’’ consider applications from National Labora- ‘‘$30,000,000 for each of fiscal years 2021 through after the semicolon; tories, institutions of higher education, multi-in- 2025’’. (B) in subparagraph (C), by striking the pe- stitutional collaborations, and other appropriate SEC. 5402. REPORT ON ELECTRICITY ACCESS AND riod at the end and inserting ‘‘; or’’; and entities. RELIABILITY. (C) by adding at the end the following new (e) DURATION.—The Test Facility established (a) ASSESSMENT.—The Secretary of Energy subparagraph: under this section shall receive support for a pe- shall conduct an assessment of the status of ac- ‘‘(D) electricity.’’. riod of not more than 5 years, subject to the cess to electricity by households residing in (2) CLEAN SCHOOL BUS.—Paragraph (3) of sec- availability of appropriations. Tribal communities or on Indian land, and the tion 741(a) of the Energy Policy Act of 2005 (42 (f) RENEWAL.—Upon the expiration of any pe- reliability of electric service available to house- U.S.C. 16091(a)) is amended to read as follows: riod of support of the Test Facility, the Sec- holds residing in Tribal communities or on In- ‘‘(3) CLEAN SCHOOL BUS.—The term ‘clean retary may renew support for the Test Facility, dian land, as compared to the status of access to school bus’ means— on a merit-reviewed basis, for a period of not and reliability of electricity within neighboring ‘‘(A) a school bus (as the term ‘schoolbus’ is more than 5 years. States or within the State in which Indian land defined in section 30125(a) of title 49, United (g) TERMINATION.—Consistent with the exist- is located. States Code) that— ing authorities of the Department, the Secretary (b) CONSULTATION.—The Secretary of Energy ‘‘(i) is operated solely on an alternative fuel; may terminate the Test Facility for cause during shall consult with Indian Tribes, Tribal organi- and the performance period. zations, the North American Electricity Reli- ‘‘(ii) meets or exceeds Federal vehicle emission (h) CRITICAL INFRASTRUCTURE DEFINED.—The ability Corporation, and the Federal Energy standards for medium-duty passenger vehicles term ‘‘critical infrastructure’’ means infrastruc- Regulatory Commission in the development and applicable to the model year in which the school ture that the Secretary determines to be vital to conduct of the assessment under subsection (a). bus is manufactured; or socioeconomic activities such that, if destroyed Indian Tribes and Tribal organizations shall ‘‘(B) a zero-emission school bus.’’. or damaged, such destruction or damage could have the opportunity to review and make rec- (3) OTHER DEFINITIONS.—Section 741(a) of the cause substantial disruption to such socio- ommendations regarding the development of the Energy Policy Act of 2005 (42 U.S.C. 16091(a)), economic activities. assessment and the findings of the assessment, as amended, is further amended— SECTION 5343. CONFORMING AMENDMENT. prior to the submission of the report under sub- (A) by redesignating paragraphs (4), (5), and Section 1(b) of the Energy Independence and section (c). (6) as paragraphs (5), (9), and (10), respectively; Security Act of 2007 is amended in the table of (c) REPORT.—Not later than 18 months after (B) by inserting after paragraph (3) the fol- contents by adding after the matter relating to the date of enactment of this Act, the Secretary lowing: section 1311 (as added by this Act) the fol- of Energy shall submit to the Committee on En- ‘‘(4) COMMUNITY OF COLOR.—The term ‘com- lowing: ergy and Commerce of the House of Representa- munity of color’ means any geographically dis- ‘‘Sec. 1312. Energy sector security research, de- tives and the Committee on Energy and Natural tinct area the population of color of which is velopment, and demonstration Resources of the Senate a report on the results higher than the average population of color of program. of the assessment conducted under subsection the State in which the community is located.’’; ‘‘Sec. 1313. Grid resilience and emergency re- (a), which shall include— (C) by inserting after paragraph (5), as redes- sponse. (1) a description of generation, transmission, ignated, the following: ‘‘Sec. 1314. Best practices and guidance docu- and distribution assets available to provide elec- ‘‘(6) INDIGENOUS COMMUNITY.—The term ‘in- ments for energy sector cybersecu- tricity to households residing in Tribal commu- digenous community’ means— rity research. nities or on Indian land; ‘‘(A) a federally recognized Indian Tribe; ‘‘Sec. 1315. Vulnerability testing and technical (2) a survey of the retail and wholesale prices ‘‘(B) a State-recognized Indian Tribe; assistance to improve cybersecu- of electricity available to households residing in ‘‘(C) an Alaska Native or Native Hawaiian rity. Tribal communities or on Indian land; community or organization; and

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00108 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4827 ‘‘(D) any other community of indigenous peo- (ii) by inserting before the period at the end cent of the amounts made available to carry out ple, including communities in other countries. ‘‘with clean school buses’’; and this section for any fiscal year.’’. ‘‘(7) LOW INCOME.—The term ‘low income’ (B) by amending subparagraph (B) to read as (e) AUTHORIZATION OF APPROPRIATIONS.— means an annual household income equal to, or follows: Subsection (f), as redesignated, of section 741 of less than, the greater of— ‘‘(B) RETROFITTING.—In the case of award ap- the Energy Policy Act of 2005 (42 U.S.C. 16091) ‘‘(A) an amount equal to 80 percent of the me- plications to retrofit school buses, the Adminis- is amended to read as follows: dian income of the area in which the household trator shall give highest priority to applicants ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— is located, as reported by the Department of that propose to retrofit school buses manufac- There is authorized to be appropriated to the Housing and Urban Development; and tured before model year 2010 to become clean Administrator to carry out this section, to re- ‘‘(B) 200 percent of the Federal poverty line. school buses.’’. main available until expended, $130,000,000 for ‘‘(8) LOW-INCOME COMMUNITY.—The term (3) USE OF SCHOOL BUS FLEET.—Section each of fiscal years 2021 through 2025, of which ‘low-income community’ means any census block 741(b)(3)(B) of the Energy Policy Act of 2005 (42 not less than $52,000,000 each such fiscal year group in which 30 percent or more of the popu- U.S.C. 16091(b)(3)(B)) is amended by inserting shall be used for awards under this section to el- lation are individuals with low income.’’; and ‘‘charged,’’ after ‘‘operated,’’. igible recipients proposing to replace or retrofit (D) by adding at the end the following: (4) REPLACEMENT AWARDS.—Paragraph (5) of school buses to serve a community of color, in- ‘‘(11) ZERO-EMISSION SCHOOL BUS.—The term section 741(b) of the Energy Policy Act of 2005 digenous community, low-income community, or ‘zero-emission school bus’ means a school bus (42 U.S.C. 16091(b)) is amended to read as fol- any community located in an air quality area (as the term ‘schoolbus’ is defined in section lows: designated pursuant to section 107 of the Clean 30125(a) of title 49, United States Code) with a ‘‘(5) REPLACEMENT AWARDS.—In the case of Air Act (42 U.S.C. 7407) as nonattainment.’’. drivetrain that produces, under any possible awards to replace school buses— (f) TECHNICAL AMENDMENT TO STRIKE REDUN- operational mode or condition, zero exhaust ‘‘(A) the Administrator may make awards for DANT AUTHORIZATION.—The Safe, Accountable, emission of— up to— Flexible, Efficient Transportation Equity Act: A ‘‘(A) any air pollutant that is listed pursuant ‘‘(i) 100 percent of the replacement costs for Legacy for Users (commonly referred to as to section 108(a) of the Clean Air Act (42 U.S.C. clean school buses that are zero-emission school ‘‘SAFETEA–LU’’) is amended by striking sec- 7407(a)) (or any precursor to such an air pollut- buses; and tion 6015 (42 U.S.C. 16091a). ant); or ‘‘(ii) 60 percent of the replacement costs for Subtitle C—Clean Cities Coalition Program ‘‘(B) any greenhouse gas.’’. other eligible clean school buses; and SEC. 6301. CLEAN CITIES COALITION PROGRAM. (b) PROGRAM FOR RETROFIT OR REPLACEMENT ‘‘(B) such replacement costs may include the (a) IN GENERAL.—The Secretary shall carry OF CERTAIN EXISTING SCHOOL BUSES WITH costs of acquiring the clean school buses and out a program to be known as the Clean Cities CLEAN SCHOOL BUSES.— charging and fueling infrastructure.’’. Coalition Program. (1) NATIONAL GRANT, REBATE, AND LOAN PRO- (5) ULTRA LOW-SULFUR DIESEL FUEL.—Section (b) PROGRAM ELEMENTS.—In carrying out the GRAMS.— 741(b) of the Energy Policy Act of 2005 (42 program under subsection (a), the Secretary (A) IN GENERAL.—Section 741(b)(1)(A) of the U.S.C. 16091(b)) is amended— (A) by striking paragraph (6); and shall— Energy Policy Act of 2005 (42 U.S.C. (1) establish criteria for designating local and (B) by redesignating paragraph (7) as para- 16091(b)(1)(A)) is amended by inserting after regional Clean Cities Coalitions; graph (6). ‘‘awarding grants’’ the following: ‘‘, rebates, (2) designate local and regional Clean Cities (6) SCRAPPAGE.—Section 741(b) of the Energy and low-cost revolving loans, as determined by Coalitions that the Secretary determines meet Policy Act of 2005 (42 U.S.C. 16091(b)) is further the Administrator, including through contracts the criteria established under paragraph (1); amended by inserting after paragraph (6), as re- pursuant to subsection (d),’’. (3) make awards to each designated Clean Cit- designated, the following new paragraph: (B) CONFORMING CHANGES.—Section 741 of the ies Coalition for administrative and program ex- ‘‘(7) SCRAPPAGE.—In the case of an award Energy Policy Act of 2005 (42 U.S.C. 16091) is penses of the coalition; amended— under this section for the replacement of a (4) make competitive awards to designated (i) in subsection (a)(4)(B), by striking ‘‘grant school bus or a retrofit including installation of Clean Cities Coalitions for projects and activi- funds’’ and inserting ‘‘award funds’’; a new engine, the Administrator shall require ties described in subsection (c); (ii) in subsection (b)(1)(B), by striking the recipient of the award to verify that the re- (5) provide technical assistance and training ‘‘awarding grants’’ each place it appears and placed bus, or the engine of a retrofitted bus to designated Clean Cities Coalitions; inserting ‘‘making awards’’; that was removed, was returned to the supplier (6) provide opportunities for communication (iii) in the heading of subsection (b)(2), by for remanufacturing to a more stringent set of and sharing of best practices among designated striking ‘‘GRANT APPLICATIONS’’ and inserting engine emissions standards or for scrappage.’’. Clean Cities Coalitions; and ‘‘AWARD APPLICATIONS’’; (c) EDUCATION.—Paragraph (1) of section (7) maintain, and make available to the pub- (iv) in subsection (b)(2)(A), by striking ‘‘grant 741(c) of the Energy Policy Act of 2005 (42 lic, a centralized database of information in- applications’’ and inserting ‘‘award applica- U.S.C. 16091(c)) is amended to read as follows: cluded in the reports submitted under subsection tions’’; ‘‘(1) IN GENERAL.—Not later than 90 days after (d). (v) in subsection (b)(3)(A), by striking ‘‘grant’’ the date of enactment of the Clean Economy (c) PROJECTS AND ACTIVITIES.—Projects and and insert ‘‘award’’; Jobs and Innovation Act, the Administrator activities eligible for awards under subsection (vi) and (b)(4)— shall develop an education outreach program to (b)(4) are projects and activities that reduce pe- (I) in the paragraph heading, by striking promote and explain the award program under troleum consumption, improve air quality, pro- ‘‘GRANTS’’ and inserting ‘‘AWARDS’’; and subsection (b).’’. mote energy and economic security, and encour- (II) by striking ‘‘award grants’’ and inserting (d) CONTRACT PROGRAMS; ADMINISTRATIVE age deployment of a diverse, domestic supply of ‘‘make awards’’; COSTS.—Section 741 of the Energy Policy Act of alternative fuels in the transportation sector (vii) in subsection (b)(7)— 2005 (42 U.S.C. 16091) is amended— by— (I) by striking ‘‘grant awards’’ and inserting (1) by redesignating subsection (d) as sub- (1) encouraging the purchase and use of alter- ‘‘awards’’; and section (f); and native fuel vehicles and alternative fuels, in- (II) by striking ‘‘grant funding’’ and inserting (2) by inserting after subsection (c) the fol- cluding by fleet managers; ‘‘funding’’; lowing new subsections: (2) expediting the establishment of local, re- (viii) in subsection (b)(8)(A)(ii)— ‘‘(d) CONTRACT PROGRAMS.— gional, and national infrastructure to fuel alter- (I) in subclauses (I) and (II), by striking ‘‘(1) AUTHORITY.—In addition to the use of native fuel vehicles; ‘‘grant applications’’ each place it appears and contracting authority otherwise available to the (3) advancing the use of other petroleum fuel inserting ‘‘award applications’’; and Administrator, the Administrator may enter into reduction technologies and strategies; (II) in subclause (III)— contracts with eligible contractors described in (4) conducting outreach and education activi- (aa) by striking ‘‘grants awarded’’ and insert- paragraph (2) for awarding rebates and low-cost ties to advance the use of alternative fuels and ing ‘‘awards made’’; and revolving loans pursuant to subsection (b)(1). alternative fuel vehicles; (bb) by striking ‘‘grant recipients’’ and insert- ‘‘(2) ELIGIBLE CONTRACTORS.—A contractor is (5) providing training and technical assisting ‘‘award recipients’’; and an eligible contractor described in this para- ance and tools to users that adopt petroleum (ix) in subsection (c)(3)— graph if the contractor is a for-profit, not-for- fuel reduction technologies; or (I) in subparagraph (A)— profit, or nonprofit entity that has the capac- (6) collaborating with and training officials (aa) by striking ‘‘grant recipients’’ and insert- ity— and first responders with responsibility for per- ing ‘‘award recipients’’; and ‘‘(A) to sell clean school buses or equipment mitting and enforcing fire, building, and other (bb) by striking ‘‘grants’’ and inserting to, or to arrange financing for, individuals or safety codes related to the deployment and use ‘‘awards’’; and entities that own a school bus or fleet of school of alternative fuels or alternative fuel vehicles. (II) in subparagraph (C), by striking ‘‘grant buses; or (d) ANNUAL REPORT.—Each designated Clean program’’ and inserting ‘‘award program’’. ‘‘(B) to upgrade school buses or their equip- Cities Coalition shall submit an annual report to (2) PRIORITY OF AWARD APPLICATIONS.—Sec- ment with verified or Environmental Protection the Secretary on the activities and accomplish- tion 741(b)(2) of the Energy Policy Act of 2005 Agency-certified engines or technologies, or to ments of the coalition. (42 U.S.C. 16091(b)(2)) is amended— arrange financing for such upgrades. (e) DEFINITIONS.—In this section: (A) in subparagraph (A)— ‘‘(e) ADMINISTRATIVE COSTS.—The Adminis- (1) ALTERNATIVE FUEL.—The term ‘‘alter- (i) by striking ‘‘1977’’ and inserting ‘‘2007’’; trator may not use, for the administrative costs native fuel’’ has the meaning given such term in and of carrying out this section, more than one per- section 32901 of title 49, United States Code.

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(2) ALTERNATIVE FUEL VEHICLE.—The term (2) SECRETARY.—The term ‘‘Secretary’’ means (v) any other information determined by the ‘‘alternative fuel vehicle’’ means any vehicle the Secretary of Energy. Secretary to be necessary for a complete applica- that is capable of operating, partially or exclu- (3) UNDERSERVED OR DISADVANTAGED COMMU- tion. sively, on an alternative fuel. NITY.—The term ‘‘underserved or disadvantaged (B) REVIEW PROCESS.—The Secretary shall re- (3) SECRETARY.—The term ‘‘Secretary’’ means community’’ means— view an application for a rebate under the re- the Secretary of Energy. (A) a community located in a ZIP code that bate program and approve an eligible entity (f) FUNDING.— includes a census tract that is identified as— under paragraph (1) to receive such rebate if the (1) AUTHORIZATION OF APPROPRIATIONS.— (i) a low-income community; or application meets the requirements of the rebate There are authorized to be appropriated to carry (ii) a community of color; or program under this subsection. out this section— (B) any other community that the Secretary (C) NOTIFICATION TO ELIGIBLE ENTITY.—Not (A) $50,000,000 for fiscal year 2021; determines is disproportionately vulnerable to, later than 1 year after the date on which the eli- (B) $60,000,000 for fiscal year 2022; or bears a disproportionate burden of, any com- gible entity under paragraph (1) applies for a (C) $75,000,000 for fiscal year 2023; bination of economic, social, and environmental rebate under the rebate program, the Secretary (D) $90,000,000 for fiscal year 2024; and stressors. shall notify the eligible entity whether the eligi- (E) $100,000,000 for fiscal year 2025. SEC. 6502. ELECTRIC VEHICLE SUPPLY EQUIP- ble entity will be awarded a rebate under the re- (2) ALLOCATIONS.—The Secretary shall allo- MENT REBATE PROGRAM. bate program following the submission of addi- cate funds made available to carry out this sec- (a) REBATE PROGRAM.—Not later than Janu- tional materials required under paragraph (5). tion in each fiscal year as follows: ary 1, 2022, the Secretary shall establish a rebate (4) REBATE AMOUNT.— (A) Thirty percent of such funds shall be dis- program to provide rebates for covered expenses (A) IN GENERAL.—Except as provided in sub- tributed as awards under subsection (b)(3). associated with publicly accessible electric vehi- paragraph (B), the amount of a rebate made (B) Fifty percent of such funds shall be dis- cle supply equipment (in this section referred to under the rebate program for each charging unit tributed as competitive awards under subsection as the ‘‘rebate program’’). shall be the lesser of— (b)(4). (b) REBATE PROGRAM REQUIREMENTS.— (i) 75 percent of the applicable covered ex- (C) Twenty percent of such funds shall be (1) ELIGIBLE ENTITIES.—A rebate under the re- penses; used to carry out the duties of the Secretary bate program may be made to an individual, a (ii) $2,000 for covered expenses associated with under this section. State, local, Tribal, or Territorial government, a the purchase and installation of non-networked Subtitle D—Renewable Fuel Standard private entity, a not-for-profit entity, a non- level 2 charging equipment; Integrity profit entity, or a metropolitan planning organi- (iii) $4,000 for covered expenses associated zation. with the purchase and installation of networked SEC. 6401. ANNUAL DEADLINE FOR PETITIONS BY (2) ELIGIBLE EQUIPMENT.— SMALL REFINERIES FOR EXEMP- level 2 charging equipment; or (A) IN GENERAL.—Not later than 180 days TIONS FROM RENEWABLE FUEL RE- (iv) $100,000 for covered expenses associated QUIREMENTS. after the date of the enactment of this Act, the with the purchase and installation of networked Secretary shall publish and maintain on the De- (a) DEADLINE.—Notwithstanding any other direct current fast charging equipment. provision of law, petitions under section partment of Energy internet website a list of (B) REBATE AMOUNT FOR REPLACEMENT EQUIP- 211(o)(9) of the Clean Air Act (42 U.S.C. electric vehicle supply equipment that is eligible MENT.—A rebate made under the rebate program 7545(o)(9)) for an exemption from the require- for the rebate program. for replacement of pre-existing electric vehicle (B) UPDATES.—The Secretary may, by regula- ments of section 211(o)(2) of such Act (42 U.S.C. supply equipment at a single location shall be tion, add to, or otherwise revise, the list of elec- 7545(o)(2)) shall be submitted to the Adminis- the lesser of— tric vehicle supply equipment under subpara- trator of the Environmental Protection Agency (i) 75 percent of the applicable covered ex- graph (A) if the Secretary determines that such by June 1 of the year preceding the year when penses; addition or revision will likely lead to— such requirements would otherwise be in effect. (ii) $1,000 for covered expenses associated with (i) greater usage of electric vehicle supply (b) EFFECT OF FAILURE TO MEET DEADLINE.— the purchase and installation of non-networked equipment; If a petition described in subsection (a) is not level 2 charging equipment; (ii) greater access to electric vehicle supply submitted by the deadline specified in such sub- (iii) $2,000 for covered expenses associated equipment by users; or with the purchase and installation of networked section, the petition shall be ineligible for con- (iii) an improved experience for users of elec- sideration or approval. level 2 charging equipment; or tric vehicle supply equipment. (iv) $25,000 for covered expenses associated SEC. 6402. INFORMATION IN PETITION SUBJECT (C) LOCATION REQUIREMENT.—To be eligible TO PUBLIC DISCLOSURE. with the purchase and installation of networked for the rebate program, the electric vehicle sup- direct current fast charging equipment. (a) IN GENERAL.—The information described ply equipment described in subparagraph (A) in subsection (b) in any submission to the Envi- (5) DISBURSEMENT OF REBATE.— shall be installed— (A) IN GENERAL.—The Secretary shall disburse ronmental Protection Agency by any person, in- (i) in the United States; cluding a small refinery, with respect to a peti- a rebate under the rebate program to an eligible (ii) on property— entity under paragraph (1), following approval tion under section 211(o)(9)(B) of the Clean Air (I) owned by the eligible entity under para- of an application under paragraph (3), if such Act (42 U.S.C. 7545(o)(9)(B))— graph (1); or entity submits the materials required under sub- (1) shall not be deemed to be a trade secret or (II) on which the eligible entity under para- paragraph (B). confidential information; and graph (1) has authority to install electric vehicle (B) MATERIALS REQUIRED FOR DISBURSEMENT (2) shall be subject to public disclosure under supply equipment; and OF REBATE.—Not later than one year after the section 552 of title 5, United States Code. (iii) at a location that is— (b) DESCRIBED INFORMATION.—The informa- (I) a multi-unit housing structure; date on which the eligible entity under para- tion described in this subsection is— (II) a workplace; graph (1) receives notice under paragraph (3)(C) (1) the name of the small refinery requesting (III) a commercial location; or that the eligible entity has been approved for a an extension of an exemption; (IV) open to the public for a minimum of 12 rebate, such eligible entity shall submit to the (2) the number of gallons of renewable fuel hours per day; Secretary the following— that will not be contained in fuel pursuant to (3) APPLICATION.— (i) a record of payment for covered expenses section 211(o)(2) of the Clean Air Act (42 U.S.C. (A) IN GENERAL.—An eligible entity under expended on the installation of the electric vehi- 7545(o)(2)) as a result of the extension if the ex- paragraph (1) may submit to the Secretary an cle supply equipment that is eligible under para- tension is granted; and application for a rebate under the rebate pro- graph (2); (3) the compliance year for which the exten- gram. Such application shall include— (ii) a record of payment for the electric vehicle sion is requested. (i) the estimated cost of covered expenses to be supply equipment that is eligible under para- (c) APPLICABILITY.—Subsection (a) applies expended on the electric vehicle supply equip- graph (2); only with respect to information submitted with ment that is eligible under paragraph (2); (iii) the global positioning system location of respect to a petition under section 211(o)(9)(B) (ii) the estimated installation cost of the elec- where such electric vehicle supply equipment of the Clean Air Act (42 U.S.C. 7545(o)(9)(B)) for tric vehicle supply equipment that is eligible was installed and identification of whether such calendar year 2021 or a subsequent calendar under paragraph (2); location is— year. (iii) the global positioning system location, in- (I) a multi-unit housing structure; cluding the integer number of degrees, minutes, (II) a workplace; Subtitle E—EV Infrastructure and seconds, where such electric vehicle supply (III) a commercial location; or SEC. 6501. DEFINITIONS. equipment is to be installed, and identification (IV) open to the public for a minimum of 12 In this subtitle: of whether such location is— hours per day; (1) ELECTRIC VEHICLE SUPPLY EQUIPMENT.— (I) a multi-unit housing structure; (iv) the technical specifications of the electric The term ‘‘electric vehicle supply equipment’’ (II) a workplace; vehicle supply equipment that is eligible under means any conductors, including ungrounded, (III) a commercial location; or paragraph (2), including the maximum power grounded, and equipment grounding conduc- (IV) open to the public for a minimum of 12 voltage and amperage of such equipment; and tors, electric vehicle connectors, attachment hours per day; (v) any other information determined by the plugs, and all other fittings, devices, power out- (iv) the technical specifications of such elec- Secretary to be necessary. lets, or apparatuses installed specifically for the tric vehicle supply equipment, including the (C) AGREEMENT TO MAINTAIN.—To be eligible purpose of delivering energy to an electric vehi- maximum power voltage and amperage of such for a rebate under the rebate program, an eligi- cle. equipment; and ble entity under paragraph (1) shall enter into

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an agreement with the Secretary to maintain current power source at a minimum of 50 kilo- (2) FIVE-YEAR UPDATE ASSESSMENT.—Not later the electric vehicle supply equipment that is eli- watts and is enabled to connect to a network to than 5 years after the date of the enactment of gible under paragraph (2) in a satisfactory man- facilitate data collection and access. this Act, the Secretary shall— ner for not less than 5 years after the date on (d) AUTHORIZATION OF APPROPRIATIONS.— (A) update the assessment conducted under which the eligible entity under paragraph (1) re- There is authorized to be appropriated to carry paragraph (1)(A); and ceives the rebate under the rebate program. out this section $100,000,000 for each of fiscal (B) make public and submit to the Committee (D) EXCEPTION.—The Secretary shall not dis- years 2021 through 2025. on Energy and Commerce of the House of Rep- burse a rebate under the rebate program if mate- SEC. 6503. EXPANDING ACCESS TO ELECTRIC VE- resentatives and the Committee on Energy and rials submitted under subparagraph (B) do not HICLES IN UNDERSERVED COMMU- Natural Resources of the Senate a report, which meet the same global positioning system location NITIES. shall— and technical specifications for the electric vehi- (a) ASSESSMENT.— (i) update the information required by para- cle supply equipment that is eligible under para- (1) IN GENERAL.— graph (1)(B); and graph (2) provided in an application under (A) ASSESSMENT.—The Secretary shall conduct (ii) include a description of case studies and paragraph (3). an assessment of the state of, challenges to, and key lessons learned after the date on which the (6) MULTI-PORT CHARGERS.—An eligible entity opportunities for the deployment of electric ve- report under paragraph (1)(B) was submitted under paragraph (1) shall be awarded a rebate hicle charging infrastructure in underserved or with respect to expanding the deployment of under the rebate program for covered expenses disadvantaged communities located in major electric vehicle charging infrastructure in un- relating to the purchase and installation of a urban areas and rural areas throughout the derserved or disadvantaged communities in multi-port charger based on the number of pub- United States. major urban areas and rural areas. licly accessible charging ports, with each subse- (B) REPORT.—Not later than 1 year after the (b) DEFINITIONS.—In this section: quent port after the first port being eligible for date of the enactment of this Act, the Secretary (1) ELECTRIC VEHICLE CHARGING INFRASTRUC- 50 percent of the full rebate amount. shall submit to the Committee on Energy and TURE.—The term ‘‘electric vehicle charging in- (7) NETWORKED DIRECT CURRENT FAST CHARG- Commerce of the House of Representatives and frastructure’’ means electric vehicle supply ING.—Of amounts appropriated to carry out the the Committee on Energy and Natural Resources equipment and other physical assets that pro- rebate program, not more than 40 percent may of the Senate a report on the results of the as- vide for the distribution of and access to elec- be used for rebates of networked direct current sessment conducted under subparagraph (A), tricity for the purpose of charging an electric fast charging equipment. which shall— vehicle or a plug-in hybrid electric vehicle. (8) HYDROGEN FUEL CELL REFUELING INFRA- (i) describe the state of deployment of electric (2) MAJOR URBAN AREA.—The term ‘‘major STRUCTURE.—Hydrogen refueling equipment vehicle charging infrastructure in underserved urban area’’ means a metropolitan statistical shall be eligible for a rebate under the rebate or disadvantaged communities located in major area within the United States with an estimated program as though it were networked direct cur- urban areas and rural areas by providing— population that is greater than or equal to rent fast charging equipment. All requirements (I) the number of existing and planned Level 1,500,000. 2 charging stations and DC FAST charging sta- related to public accessibility of installed loca- SEC. 6504. ENSURING PROGRAM BENEFITS FOR tions shall apply. tions per capita in each State for charging indi- UNDERSERVED AND DISADVAN- (9) REPORT.—Not later than 3 years after the vidually owned light-duty and medium-duty TAGED COMMUNITIES. first date on which the Secretary awards a re- electric vehicles; In carrying out this subtitle, and the amend- bate under the rebate program, the Secretary (II) the number of existing and planned Level ments made by this subtitle, the Secretary shall shall submit to the Committee on Energy and 2 charging stations and DC FAST charging sta- provide, to the extent practicable access to elec- Commerce of the House of Representatives and tions for charging public and private fleet electric vehicle charging infrastructure, address the Committee on Energy and Natural Resources tric vehicles and medium- and heavy-duty elec- transportation needs, and provide improved air of the Senate a report of the number of rebates tric equipment and electric vehicles; quality in underserved or disadvantaged com- awarded for electric vehicle supply equipment (III) the number of Level 2 charging stations munities. and hydrogen fuel cell refueling equipment in and DC FAST charging stations installed in or available to occupants of publicly owned and SEC. 6505. MODEL BUILDING CODE FOR ELECTRIC each of the location categories described in VEHICLE SUPPLY EQUIPMENT. paragraph (2)(C)(iii). privately owned multi-unit dwellings; (IV) information pertaining to policies, plans, (a) REVIEW.—The Secretary shall review pro- (c) DEFINITIONS.—In this section: posed or final model building codes for— (1) COVERED EXPENSES.—The term ‘‘covered and programs that cities, States, utilities, and (1) integrating electric vehicle supply equip- expenses’’ means an expense that is associated private entities are using to encourage greater ment into residential and commercial buildings with the purchase and installation of electric deployment and usage of electric vehicles and that include space for individual vehicle or fleet vehicle supply equipment, including— the associated electric vehicle charging infra- vehicle parking; and (A) the cost of electric vehicle supply equip- structure, including programs to encourage de- (2) integrating onsite renewable power equipment; ployment of charging stations available to resi- (B) labor costs associated with the installation dents in publicly owned and privately owned ment and electric storage equipment (including of such electric vehicle supply equipment, only multi-unit dwellings; electric vehicle batteries to be used for electric if wages for such labor are paid at rates not less (V) information pertaining to ownership mod- storage) into residential and commercial build- than those prevailing on similar labor in the lo- els for Level 2 charging stations and DC FAST ings. cality of installation, as determined by the Sec- charging stations located in publicly owned and (b) TECHNICAL ASSISTANCE.—The Secretary retary of Labor under subchapter IV of chapter privately owned residential multi-unit dwell- shall provide technical assistance to stake- 31 of title 40, United States Code (commonly re- ings, commercial buildings, public and private holders representing the building construction ferred to as the ‘‘Davis-Bacon Act’’); parking areas, and curb-side locations; and industry, manufacturers of electric vehicles and (C) material costs associated with the installa- (VI) information pertaining to how charging electric vehicle supply equipment, State and tion of such electric vehicle supply equipment, stations are financed and the rates charged for local governments, and any other persons with including expenses involving electrical equip- the use of Level 2 charging stations and DC relevant expertise or interests to facilitate un- ment and necessary upgrades or modifications FAST charging stations; derstanding of the model code and best practices to the electrical grid and associated infrastruc- (ii) describe the methodology used to obtain for adoption by jurisdictions. ture required for the installation of such electric the information provided in the report; SEC. 6506. ELECTRIC VEHICLE SUPPLY EQUIP- vehicle supply equipment; (iii) identify the barriers to expanding deploy- MENT COORDINATION. (D) permit costs associated with the installa- ment of electric vehicle charging infrastructure (a) IN GENERAL.—Not later than 90 days after tion of such electric vehicle supply equipment; in underserved or disadvantaged communities in the date of enactment of this Act, the Secretary, and major urban areas and rural areas, including acting through the Assistant Secretary of the (E) the cost of an on-site energy storage sys- any challenges relating to such deployment in Office of Electricity Delivery and Energy Reli- tem. multi-unit dwellings; ability (including the Smart Grid Task Force), (2) ELECTRIC VEHICLE.—The term ‘‘electric ve- (iv) compile and provide an analysis of the shall convene a group to assess progress in the hicle’’ means a vehicle that derives all or part of best practices and policies used by State and development of standards necessary to— its power from electricity. local governments and private entities to in- (1) support the expanded deployment of elec- (3) MULTI-PORT CHARGER.—The term ‘‘multi- crease deployment of electric vehicle charging tric vehicle supply equipment; port charger’’ means electric vehicle supply infrastructure in underserved or disadvantaged (2) develop an electric vehicle charging net- equipment capable of charging more than one communities in major urban areas and rural work to provide reliable charging for electric ve- electric vehicle. areas, including best practices with respect to— hicles nationwide; and (4) LEVEL 2 CHARGING EQUIPMENT.—The term (I) public outreach and engagement; and (3) ensure the development of such network ‘‘level 2 charging equipment’’ means electric ve- (II) increasing deployment of electric vehicle will not compromise the stability and reliability hicle supply equipment that provides an alter- charging infrastructure in publicly owned and of the electric grid. nating current power source at a minimum of privately owned multi-unit dwellings; and (b) REPORT TO CONGRESS.—Not later than 1 208 volts. (v) enumerate and identify the number of elec- year after the date of enactment of this Act, the (5) NETWORKED DIRECT CURRENT FAST CHARG- tric vehicle charging stations per capita at loca- Secretary shall provide to the Committee on En- ING EQUIPMENT.—The term ‘‘networked direct tions within each major urban area and rural ergy and Commerce of the House of Representa- current fast charging equipment’’ means electric area throughout the United States with detail at tives and to the Committee on Energy and Nat- vehicle supply equipment that provides a direct the level of ZIP Codes and census tracts. ural Resources of the Senate a report containing

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00111 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4830 CONGRESSIONAL RECORD — HOUSE September 23, 2020 the results of the assessment carried out under ‘‘(1) the State has implemented for such utility ‘‘(2) electric utilities; subsection (a) and recommendations to overcome the standard concerned (or a comparable stand- ‘‘(3) regional transmission organizations or any barriers to standards development or adop- ard); independent system operators; tion identified by the group convened under ‘‘(2) the State regulatory authority for such ‘‘(4) private entities that provide electric vehi- such subsection. State or relevant nonregulated electric utility cle charging services; SEC. 6507. STATE CONSIDERATION OF ELECTRIC has conducted a proceeding to consider imple- ‘‘(5) State transportation agencies, metropoli- VEHICLE CHARGING. mentation of the standard concerned (or a com- tan planning organizations, and local govern- (a) CONSIDERATION AND DETERMINATION RE- parable standard) for such utility; ments; SPECTING CERTAIN RATEMAKING STANDARDS.— ‘‘(3) the State legislature has voted on the im- ‘‘(6) electric vehicle manufacturers; Section 111(d) of the Public Utility Regulatory plementation of such standard (or a comparable ‘‘(7) public and private entities that manage Policies Act of 1978 (16 U.S.C. 2621(d)) is further standard) for such utility; or vehicle fleets; and amended by adding at the end the following: ‘‘(4) the State has taken action to implement ‘‘(8) public and private entities that manage ‘‘(21) ELECTRIC VEHICLE CHARGING PRO- incentives or other steps to strongly encourage ports, airports, or other transportation hubs. GRAMS.— the deployment of electric vehicles.’’. ‘‘(e) TECHNICAL ASSISTANCE.—Upon request of ‘‘(A) IN GENERAL.—Each State shall consider (4) PRIOR AND PENDING PROCEEDINGS.—Section the Governor of a State, the Secretary shall pro- measures to promote greater electrification of 124 of the Public Utility Regulatory Policies Act vide information and technical assistance in the the transportation sector, including— of 1978 (16 U.S.C. 2634) is amended is amended development, implementation, or revision of a ‘‘(i) authorizing measures to stimulate invest- by adding at the end the following: ‘‘In the case State energy transportation plan. ment in and deployment of electric vehicle sup- of the standard established by paragraph (21) of ‘‘(f) ELECTRIC VEHICLE SUPPLY EQUIPMENT ply equipment and to foster the market for elec- section 111(d), the reference contained in this DEFINED.—For purposes of this section, the term tric vehicle charging; section to the date of the enactment of this Act ‘electric vehicle supply equipment’ means con- ‘‘(ii) authorizing each electric utility of the shall be deemed to be a reference to the date of ductors, including ungrounded, grounded, and State to recover from ratepayers any capital, op- enactment of such paragraph (21).’’. equipment grounding conductors, electric vehi- erating expenditure, or other costs of the electric SEC. 6508. STATE ENERGY PLANS. cle connectors, attachment plugs, and all other utility relating to load management, programs, fittings, devices, power outlets, or apparatuses or investments associated with the integration of (a) STATE ENERGY CONSERVATION PLANS.— Section 362(d) of the Energy Policy and Con- installed specifically for the purpose of deliv- electric vehicle supply equipment into the grid; ering energy to an electric vehicle.’’. and servation Act (42 U.S.C. 6322(d)) is amended— (2) CONFORMING AMENDMENT.—The table of ‘‘(iii) allowing a person or agency that owns (1) in paragraph (16), by striking ‘‘; and’’ and sections for part D of title III of the Energy Pol- and operates an electric vehicle charging facil- inserting a semicolon; icy and Conservation Act is further amended by ity for the sole purpose of recharging an electric (2) by redesignating paragraph (17) as para- adding at the end the following: vehicle battery to be excluded from regulation as graph (18); and an electric utility pursuant to section 3(4) when (3) by inserting after paragraph (16) the fol- ‘‘Sec. 368. State energy security plans.’’. making electricity sales from the use of the elec- lowing: SEC. 6509. TRANSPORTATION ELECTRIFICATION. tric vehicle charging facility, if such sales are ‘‘(17) a State energy transportation plan de- Section 131 of the Energy Independence and the only sales of electricity made by the person veloped in accordance with section 368; and’’. Security Act of 2007 (42 U.S.C. 17011) is amend- or agency. (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- ed— ‘‘(B) DEFINITION.—For purposes of this para- tion 365(f) of the Energy Policy and Conserva- (1) in subsection (a)(6)— graph, the term ‘electric vehicle supply equip- tion Act (42 U.S.C. 6325(f)) is amended to read (A) in subparagraph (A), by inserting ‘‘, in- ment’ means conductors, including ungrounded, as follows: cluding ground support equipment at ports’’ be- grounded, and equipment grounding conduc- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— fore the semicolon; tors, electric vehicle connectors, attachment ‘‘(1) STATE ENERGY CONSERVATION PLANS.—For (B) in subparagraph (E), by inserting ‘‘and plugs, and all other fittings, devices, power out- the purpose of carrying out this part, there are vehicles’’ before the semicolon; lets, or apparatuses installed specifically for the authorized to be appropriated $100,000,000 for (C) in subparagraph (H), by striking ‘‘and’’ at purpose of delivering energy to an electric vehi- each of fiscal years 2021 through 2025. the end; cle.’’. ‘‘(2) STATE ENERGY TRANSPORTATION PLANS.— (D) in subparagraph (I)— (b) OBLIGATIONS TO CONSIDER AND DETER- In addition to the amounts authorized under (i) by striking ‘‘battery chargers,’’; and MINE.— paragraph (1), for the purpose of carrying out (ii) by striking the period at the end and in- (1) TIME LIMITATIONS.—Section 112(b) of the section 368, there are authorized to be appro- serting a semicolon; and Public Utility Regulatory Policies Act of 1978 (16 priated $25,000,000 for each of fiscal years 2021 (E) by adding at the end the following: U.S.C. 2622(b)) is amended by adding at the end through 2025.’’. ‘‘(J) installation of electric vehicle supply the following: (c) STATE ENERGY TRANSPORTATION PLANS.— equipment for recharging plug-in electric drive ‘‘(8)(A) Not later than 1 year after the date of (1) IN GENERAL.—Part D of title III of the En- vehicles, including such equipment that is acces- enactment of this paragraph, each State regu- ergy Policy and Conservation Act (42 U.S.C. sible in rural and urban areas and in under- latory authority (with respect to each electric 6321 et seq.) is further amended by adding at the served or disadvantaged communities and such utility for which it has ratemaking authority) end the following: equipment for medium- and heavy-duty vehi- and each nonregulated electric utility shall com- ‘‘SEC. 368. STATE ENERGY TRANSPORTATION cles, including at depots and in-route locations; mence the consideration referred to in section PLANS. ‘‘(K) multi-use charging hubs used for mul- 111, or set a hearing date for consideration, with ‘‘(a) IN GENERAL.—The Secretary may provide tiple forms of transportation; respect to the standards established by para- financial assistance to a State to develop a State ‘‘(L) medium- and heavy-duty vehicle smart graph (21) of section 111(d). energy transportation plan, for inclusion in a charging management and refueling; ‘‘(B) Not later than 2 years after the date of State energy conservation plan under section ‘‘(M) battery recycling and secondary use, in- the enactment of this paragraph, each State reg- 362(d), to promote the electrification of the cluding for medium- and heavy-duty vehicles; ulatory authority (with respect to each electric transportation system, reduced consumption of and utility for which it has ratemaking authority), fossil fuels, and improved air quality. ‘‘(N) sharing of best practices, and technical and each nonregulated electric utility, shall ‘‘(b) DEVELOPMENT.—A State developing a assistance provided by the Department to public complete the consideration, and shall make the State energy transportation plan under this sec- utilities commissions and utilities, for medium- determination, referred to in section 111 with re- tion shall carry out this activity through the and heavy-duty vehicle electrification.’’; spect to each standard established by paragraph State energy office that is responsible for devel- (2) in subsection (b)— (21) of section 111(d).’’. oping the State energy conservation plan under (A) in paragraph (3)(A)(ii), by inserting ‘‘, (2) FAILURE TO COMPLY.—Section 112(c) of the section 362. components for such vehicles, and charging Public Utility Regulatory Policies Act of 1978 (16 ‘‘(c) CONTENTS.—A State developing a State equipment for such vehicles’’ after ‘‘vehicles’’; U.S.C. 2622(c)) is amended by adding at the end energy transportation plan under this section and the following: ‘‘In the case of the standard es- shall include in such plan a plan to— (B) in paragraph (6), by striking ‘‘$90,000,000 tablished by paragraph (21) of section 111(d), ‘‘(1) deploy a network of electric vehicle sup- for each of fiscal years 2008 through 2012’’ and the reference contained in this subsection to the ply equipment to ensure access to electricity for inserting ‘‘$2,000,000,000 for each of fiscal years date of enactment of this Act shall be deemed to electric vehicles, including commercial vehicles; 2021 through 2025’’; be a reference to the date of enactment of that and (3) in subsection (c)— paragraph.’’. ‘‘(2) promote modernization of the electric grid (A) in the header, by striking ‘‘NEAR-TERM’’ (3) PRIOR STATE ACTIONS.—Section 112 of the to accommodate demand for power to operate and inserting ‘‘LARGE-SCALE’’; and Public Utility Regulatory Policies Act of 1978 (16 electric vehicle supply equipment and to utilize (B) in paragraph (4), by striking ‘‘$95,000,000 U.S.C. 2622) is amended by adding at the end energy storage capacity provided by electric ve- for each of fiscal years 2008 through 2013’’ and the following: hicles, including commercial vehicles. inserting ‘‘$2,500,000,000 for each of fiscal years ‘‘(h) PRIOR STATE ACTIONS.—Subsections (b) ‘‘(d) COORDINATION.—In developing a State 2021 through 2025’’; and and (c) of this section shall not apply to the energy transportation plan under this section, a (4) by redesignating subsection (d) as sub- standard established by paragraph (21) of sec- State shall coordinate, as appropriate, with— section (e) and inserting after subsection (c) the tion 111(d) in the case of any electric utility in ‘‘(1) State regulatory authorities (as defined following: a State if, before the enactment of this sub- in section 3 of the Public Utility Regulatory ‘‘(d) PRIORITY.—In providing grants under section— Policies Act of 1978 (16 U.S.C. 2602)); subsections (b) and (c), the Secretary shall give

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priority consideration to applications that con- certified to the Secretary must be exempt for na- ‘‘(3) PRIORITY.—Priority shall be given to— tain a written assurance that all laborers and tional security reasons. ‘‘(A) the refurbishment or retooling of manu- mechanics employed by contractors or sub- ‘‘(B) FLEET.—The term ‘fleet’ means— facturing facilities that have recently ceased op- contractors during construction, alteration, or ‘‘(i) 20 or more light-duty vehicles, located in eration or would otherwise cease operation in repair that is financed, in whole or in part, by a metropolitan statistical area or consolidated the near future; and a grant provided under this section shall be paid metropolitan statistical area, as established by ‘‘(B) applications containing a written assur- wages at rates not less than those prevailing on the Bureau of the Census, with a 1980 popu- ance that— similar construction in the locality, as deter- lation of more than 250,000; or ‘‘(i) all laborers and mechanics employed by mined by the Secretary of Labor in accordance ‘‘(ii) 10 or more medium- or heavy-duty vehi- contractors or subcontractors during construc- with sections 3141 through 3144, 3146, and 3147 cles, located at a Federal facility or located in a tion, alteration, retooling, or repair that is fi- of title 40, United States Code (and the Sec- metropolitan statistical area or consolidated nanced, in whole or in part, by a grant under retary of Labor shall, with respect to the labor metropolitan statistical area, as established by this subsection shall be paid wages at rates not standards described in this clause, have the au- the Bureau of the Census, with a 1980 popu- less than those prevailing on similar construc- thority and functions set forth in Reorganiza- lation of more than 250,000.’’; and tion in the locality, as determined by the Sec- tion Plan Numbered 14 of 1950 (5 U.S.C. App.) (3) in subsection (f)(2)(B)— retary of Labor in accordance with sections 3141 and section 3145 of title 40, United States (A) by striking ‘‘, either’’; and through 3144, 3146, and 3147 of title 40, United Code).’’. (B) in clause (i), by striking ‘‘or’’ and insert- States Code; SEC. 6510. FEDERAL FLEETS. ing ‘‘and’’. ‘‘(ii) all laborers and mechanics employed by (b) FEDERAL FLEET CONSERVATION REQUIRE- (a) MINIMUM FEDERAL FLEET REQUIREMENT.— the owner or operator of a manufacturing facil- Section 303 of the Energy Policy Act of 1992 (42 MENTS.—Section 400FF(a) of the Energy Policy ity that is financed, in whole or in part, by a U.S.C. 13212) is amended— and Conservation Act (42 U.S.C. 6374e) is grant under this subsection shall be paid wages (1) in subsection (a), by adding at the end the amended— at rates not less than those prevailing on similar following: (1) in paragraph (1)— construction in the locality, as determined by ‘‘(3) The Secretary, in consultation with the (A) by striking ‘‘18 months after the date of the Secretary of Labor in accordance with sec- Administrator of General Services, shall ensure enactment of this section’’ and inserting ‘‘12 tions 3141 through 3144, 3146, and 3147 of title that in acquiring medium- and heavy-duty vehi- months after the date of enactment of the Clean 40, United States Code; and cles for a Federal fleet, a Federal entity shall Economy Jobs and Innovation Act’’; ‘‘(iii) the Secretary of Labor shall, with re- acquire zero emission vehicles to the maximum (B) by striking ‘‘2010’’ and inserting ‘‘2022’’; spect to the labor standards described in this extent feasible.’’; and paragraph, have the authority and functions set (2) by striking subsection (b) and inserting the (C) by striking ‘‘and increase alternative fuel forth in Reorganization Plan Numbered 14 of following: consumption’’ and inserting ‘‘, increase alter- 1950 (5 U.S.C. App.) and section 3145 of title 40, ‘‘(b) PERCENTAGE REQUIREMENTS.— native fuel consumption, and reduce vehicle United States Code.’’; and ‘‘(1) IN GENERAL.— greenhouse gas emissions’’; and (2) by striking subsection (c) and inserting the ‘‘(A) LIGHT-DUTY VEHICLES.—Beginning in fis- (2) by striking paragraph (2) and inserting the following: cal year 2025, 100 percent of the total number of following: ‘‘(c) COST SHARE AND GUARANTEE OF OPER- light-duty vehicles acquired by a Federal entity ‘‘(2) GOALS.—The goals of the requirements ATION.— for a Federal fleet shall be alternative fueled ve- under paragraph (1) are that each Federal ‘‘(1) CONDITION.—A recipient of a grant under hicles, of which— agency shall— this section shall pay the Secretary the full ‘‘(i) at least 50 percent shall be zero emission ‘‘(A) reduce fleet-wide per-mile greenhouse amount of the grant if the facility financed in vehicles or plug-in hybrids in fiscal years 2025 gas emissions from agency fleet vehicles, relative whole or in part under this subsection fails to through 2034; to a baseline of emissions in 2015, by— manufacture goods for a period of at least 10 ‘‘(ii) at least 75 percent shall be zero emission ‘‘(i) not less than 30 percent by the end of fis- years after the completion of construction. vehicles or plug-in hybrids in fiscal years 2035 cal year 2025; ‘‘(2) COST SHARE.—Section 988(c) shall apply through 2049; and ‘‘(ii) not less than 50 percent by the end of fis- to a grant made under this subsection. ‘‘(iii) 100 percent shall be zero emission vehi- cal year 2030; and ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— cles in fiscal year 2050 and thereafter. ‘‘(iii) 100 percent by the end of fiscal year There is authorized to be appropriated to the ‘‘(B) MEDIUM- AND HEAVY-DUTY VEHICLES.— 2050; and Secretary to carry out this section $2.5 billion The following percentages of the total number of ‘‘(B) increase the annual percentage of alter- for each of fiscal years 2021 through 2025. medium- and heavy-duty vehicles acquired by a native fuel consumption by agency fleet vehicles ‘‘(e) PERIOD OF AVAILABILITY.—An award Federal entity for a Federal fleet shall be alter- as a proportion of total annual fuel consump- made under this section after the date of enact- native fueled vehicles: tion by Federal fleet vehicles, to achieve— ment of this subsection shall only be available ‘‘(i) At least 20 percent in fiscal years 2025 ‘‘(i) 25 percent of total annual fuel consump- with respect to facilities and equipment placed through 2029. tion that is alternative fuel by the end of fiscal in service before December 30, 2035.’’. ‘‘(ii) At least 30 percent in fiscal years 2030 year 2025; (d) CONFORMING AMENDMENT.—The table of through 2039. ‘‘(ii) 50 percent of total annual fuel consump- contents of the Energy Policy Act of 2005 is ‘‘(iii) At least 40 percent in fiscal years 2040 tion that is alternative fuel by the end of fiscal amended— through 2049. year 2035; and (1) in the item relating to subtitle B of title ‘‘(iv) At least 50 percent in fiscal year 2050 ‘‘(iii) at least 85 percent of total annual fuel VII, by inserting ‘‘Plug-In Electric Vehicles,’’ and thereafter. consumption that is alternative fuel by the end before ‘‘Hybrid Vehicles’’; ‘‘(2) EXCEPTION.—The Secretary, in consulta- of fiscal year 2050.’’. (2) in the item relating to part 1 of such sub- tion with the Administrator of General Services SEC. 6511. DOMESTIC MANUFACTURING CONVER- title, by striking ‘‘Hybrid’’ and inserting ‘‘Plug- where appropriate, may permit a Federal entity SION GRANT PROGRAM. In Electric’’; and to acquire for a Federal fleet a smaller percent- (a) HYBRID VEHICLES, ADVANCED VEHICLES, (3) in the item relating to section 711, by strik- age than is required in paragraph (1) for a fiscal AND FUEL CELL BUSES.—Subtitle B of title VII ing ‘‘Hybrid’’ and inserting ‘‘Plug-in electric’’. of the Energy Policy Act of 2005 (42 U.S.C. 16061 year, so long as the aggregate percentage ac- SEC. 6512. ADVANCED TECHNOLOGY VEHICLES quired for each class of vehicle for all Federal et seq.) is amended— MANUFACTURING INCENTIVE PRO- fleets in the fiscal year is at least equal to the (1) in the subtitle header, by inserting ‘‘Plug- GRAM. required percentage. In Electric Vehicles,’’ before ‘‘Hybrid Vehi- Section 136 of the Energy Independence and ‘‘(3) DEFINITIONS.—In this subsection: cles’’; and Security Act of 2007 (42 U.S.C. 17013) is amend- ‘‘(A) FEDERAL FLEET.—The term ‘Federal (2) in part 1, in the part header, by striking ed— fleet’ means a fleet of vehicles that are centrally ‘‘HYBRID’’ and inserting ‘‘PLUG-IN ELECTRIC’’. (1) in subsection (a)— fueled or capable of being centrally fueled and (b) PLUG-IN ELECTRIC VEHICLES.—Section 711 (A) in paragraph (1)— are owned, operated, leased, or otherwise con- of the Energy Policy Act of 2005 (42 U.S.C. (i) by redesignating subparagraphs (A) trolled by or assigned to any Federal executive 16061) is amended to read as follows: through (C) as clauses (i) through (iii), respec- department, military department, Government ‘‘SEC. 711. PLUG-IN ELECTRIC VEHICLES. tively, and indenting appropriately; corporation, independent establishment, or exec- ‘‘The Secretary shall accelerate efforts, re- (ii) by striking ‘‘(1) ADVANCED TECHNOLOGY utive agency, the United States Postal Service, lated to domestic manufacturing, that are di- VEHICLE.—’’ and all that follows through the Congress, the courts of the United States, or rected toward the improvement of batteries, ‘‘meets—’’ and inserting the following: the Executive Office of the President. Such term power electronics, and other technologies for use ‘‘(1) ADVANCED TECHNOLOGY VEHICLE.—The does not include— in plug-in electric vehicles.’’. term ‘advanced technology vehicle’ means— ‘‘(i) motor vehicles held for lease or rental to (c) EFFICIENT HYBRID AND ADVANCED DIESEL ‘‘(A) an ultra efficient vehicle; the general public; VEHICLES.—Section 712 of the Energy Policy Act ‘‘(B) a light-duty vehicle or medium-duty pas- ‘‘(ii) motor vehicles used for motor vehicle of 2005 (42 U.S.C. 16062) is amended— senger vehicle that—’’; manufacturer product evaluations or tests; (1) in subsection (a)— (iii) in subparagraph (B)(i) (as so redesig- ‘‘(iii) law enforcement vehicles; (A) in paragraph (1), by inserting ‘‘, plug-in nated), by striking ‘‘the Bin 5 Tier II’’ and in- ‘‘(iv) emergency vehicles; or electric,’’ after ‘‘efficient hybrid’’; and serting ‘‘meets the Bin 160 Tier III’’; ‘‘(v) motor vehicles acquired and used for mili- (B) by amending paragraph (3) to read as fol- (iv) in subparagraph (B)(ii) (as so redesig- tary purposes that the Secretary of Defense has lows: nated), by inserting ‘‘meets’’ before ‘‘any new’’;

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00113 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4832 CONGRESSIONAL RECORD — HOUSE September 23, 2020 (v) by amending subparagraph (B)(iii) (as so ‘‘(i) all laborers and mechanics employed by loan and may not be collected prior to financial redesignated) to read as follows: contractors or subcontractors during construc- closing.’’; ‘‘(iii)(I) for vehicles produced in model years tion, alteration, or repair, or at any manufac- (7) by amending subsection (g) to read as fol- 2021 through 2025, meets the applicable regu- turing operation, that is financed, in whole or lows: latory standards for emissions of greenhouse in part, by a loan under this section shall be ‘‘(g) PRIORITY.—The Secretary shall, in mak- gases for model year 2021 through 2025 vehicles paid wages at rates not less than those pre- ing awards or loans to those manufacturers that promulgated by the Administrator of the Envi- vailing in a similar firm or on similar construc- have existing facilities (which may be idle), give ronmental Protection Agency on October 15, tion in the locality, as determined by the Sec- priority to those facilities that are or would be— 2012 (77 Fed. Reg. 62624); or retary of Labor in accordance with subchapter ‘‘(1) oldest or in existence for at least 20 years; ‘‘(II) emits zero emissions of greenhouse gases; IV of chapter 31 of title 40, United States Code; ‘‘(2) recently closed, or at risk of closure; or’’; and and ‘‘(3) utilized primarily for the manufacture of (vi) by adding at the end the following: ‘‘(ii) the Secretary of Labor shall, with respect medium-duty passenger vehicles or other heavy- ‘‘(C) a heavy-duty vehicle (excluding a me- to the labor standards described in this para- duty vehicles that emit zero greenhouse gas dium-duty passenger vehicle) that— graph, have the authority and functions set emissions; or ‘‘(i) complies early with and demonstrates forth in Reorganization Plan Numbered 14 of ‘‘(4) utilized primarily for the manufacture of achievement below the applicable regulatory 1950 (64 Stat. 1267; 5 U.S.C. App.) and section ultra-efficient components.’’; (8) in subsection (h)— standards for emissions of greenhouse gases for 3145 of title 40, United States Code; (A) in the header, by striking ‘‘AUTOMOBILE’’ model year 2027 vehicles promulgated by the Ad- ‘‘(B) a disclosure of whether there has been and inserting ‘‘ADVANCED TECHNOLOGY VEHI- ministrator on October 25, 2016 (81 Fed. Reg. any administrative merits determination, arbi- CLE’’; and 73478); or tral award or decision, or civil judgment, as de- (B) in paragraph (1)(B), by striking ‘‘auto- ‘‘(ii) emits zero emissions of greenhouse fined in guidance issued by the Secretary of mobiles, or components of automobiles’’ and in- gases.’’; Labor, rendered against the applicant in the serting ‘‘advanced technology vehicles, or com- (B) by striking paragraph (2) and redesig- preceding 3 years for violations of applicable ponents of advanced technology vehicles’’; nating paragraph (3) as paragraph (2); labor, employment, civil rights, or health and (9) by striking subsection (i) and redesignating (C) by striking paragraph (4) and inserting safety laws; subsection (j) as subsection (i); and the following: ‘‘(C) specific information regarding the ac- (10) by adding at the end the following: ‘‘(3) QUALIFYING COMPONENT.—The term tions the applicant will take to demonstrate ‘‘(j) COORDINATION.—In carrying out this sec- ‘qualifying component’ means a material, tech- compliance with, and where possible exceedance tion, the Secretary shall coordinate with rel- nology, component, system, or subsystem in an of, requirements under applicable labor, employ- evant vehicle, bioenergy, and hydrogen and fuel advanced technology vehicle, including an ment, civil rights, and health and safety laws, cell demonstration project activities supported ultra-efficient component. and actions the applicant will take to ensure by the Department. ‘‘(4) ULTRA-EFFICIENT COMPONENT.—The term that its direct suppliers demonstrate compliance ‘‘(k) OUTREACH.—In carrying out this section, ‘ultra-efficient component’ means a component with applicable labor, employment, civil rights, the Secretary shall— of an ultra efficient vehicle, including— and health and safety laws; and ‘‘(1) provide assistance with the completion of ‘‘(A) fuel cell technology; ‘‘(D) an estimate and description of the jobs applications for awards or loans under this sec- ‘‘(B) battery technology, including a battery and types of jobs to be retained or created by tion; and cell, battery, battery management system, or the project and the specific actions the appli- ‘‘(2) conduct outreach, including through con- thermal control system; cant will take to increase employment and references and online programs, to disseminate in- ‘‘(C) an automotive semiconductor or com- tention of dislocated workers, veterans, individ- formation on awards and loans under this sec- puter; uals from low-income communities, women, mi- tion to potential applicants. ‘‘(D) an electric motor, axle, or component; norities, and other groups underrepresented in ‘‘(l) REPORT.—Not later than 2 years after the and manufacturing, and individuals with a barrier date of the enactment of this subsection, and ‘‘(E) an advanced lightweight, high-strength, to employment.’’; every 3 years thereafter, the Secretary shall sub- or high-performance material.’’; and (B) by amending paragraph (3) to read as fol- mit to Congress a report on the status of projects (D) in paragraph (5)— lows: supported by a loan under this section, includ- (i) in subparagraph (B), by striking ‘‘or’’ at ‘‘(3) SELECTION OF ELIGIBLE PROJECTS.—The ing— the end; Secretary shall select eligible projects to receive ‘‘(1) a list of projects receiving a loan under (ii) in subparagraph (C), by striking the pe- loans under this subsection in cases in which this section, including the loan amount and riod at the end and inserting ‘‘; or’’; and the Secretary determines— construction status of each such project; (iii) by adding at the end the following: ‘‘(A) the loan recipient— ‘‘(2) the status of each project’s loan repay- ‘‘(D) at least 75 miles per gallon equivalent ‘‘(i) has a reasonable prospect of repaying the ment, including future repayment projections; while operating as a hydrogen fuel cell electric principal and interest on the loan; ‘‘(3) data regarding the number of direct and vehicle.’’; ‘‘(ii) will provide sufficient information to the indirect jobs retained, restored, or created by fi- (2) by amending subsection (b) to read as fol- Secretary for the Secretary to ensure that the nanced projects; lows: qualified investment is expended efficiently and ‘‘(4) the number of new projects projected to ‘‘(b) ADVANCED VEHICLES MANUFACTURING effectively; and receive a loan under this section in the next 2 FACILITY.— ‘‘(iii) has met such other criteria as may be es- years and the aggregate loan amount; and ‘‘(1) IN GENERAL.—The Secretary shall provide tablished and published by the Secretary; and ‘‘(5) any other metrics the Secretary finds ap- facility funding awards under this section to ‘‘(B) the amount of the loan (when combined propriate. advanced technology vehicle manufacturers and with amounts available to the loan recipient ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— component suppliers to pay not more than 50 from other sources) will be sufficient to carry There are authorized to be appropriated to carry percent of the cost of— out the project.’’; and out this section— ‘‘(A) reequipping, expanding, or establishing a (C) in paragraph (4)— ‘‘(1) $10,000,000 for each of fiscal years 2021 manufacturing facility in the United States to (i) in subparagraph (B)(i), by striking ‘‘; and’’ through 2025 to administer this section; and produce— and inserting ‘‘; or’’; ‘‘(2) $10,000,000 for fiscal year 2021, to remain ‘‘(i) advanced technology vehicles; or (ii) in subparagraph (C), by striking ‘‘; and’’ available until expended, for administrative ‘‘(ii) qualifying components; and and inserting a semicolon; costs associated with loans under this section ‘‘(B) engineering integration performed in the (iii) in subparagraph (D), by striking the pe- that are not covered by fees collected under sub- United States of advanced technology vehicles riod at the end and inserting ‘‘; and’’; and section (f).’’. and qualifying components. (iv) by adding at the end the following: Subtitle F—Vehicles Used for Competition ‘‘(2) ULTRA-EFFICIENT COMPONENTS COST ‘‘(E) shall be subject to the condition that the SEC. 6601. TREATMENT OF VEHICLES NOT LEGAL SHARE.—Notwithstanding paragraph (1), a facil- loan is not subordinate to other financing.’’; FOR OPERATION ON A STREET OR ity funding award under such paragraph may (5) by amending subsection (e) to read as fol- HIGHWAY AND USED SOLELY FOR pay not more than 80 percent of the cost of a lows: COMPETITION. project to reequip, expand, or establish a manu- ‘‘(e) REGULATIONS.—Not later than 6 months (a) TREATMENT.—An action with respect to facturing facility in the United States to after the date of enactment of the Clean Econ- any device or element of design referred to in produce ultra-efficient components.’’; omy Jobs and Innovation Act, the Secretary paragraph (3) of section 203(a) of the Clean Air (3) in subsection (c), by striking ‘‘2020’’ and shall issue a final rule establishing regulations Act (42 U.S.C. 7522(a)) shall not be treated as a inserting ‘‘2030’’ each place it appears; to carry out this section.’’; prohibited act under such paragraph if the ac- (4) in subsection (d)— (6) by amending subsection (f) to read as fol- tion is for the purpose of modifying a motor ve- (A) by amending paragraph (2) to read as follows: hicle that is not legal for operation on a street lows: ‘‘(f) FEES.—The Secretary shall charge and or highway and is to be used solely for competi- ‘‘(2) APPLICATION.—An applicant for a loan collect fees for loans under this section in tion. under this subsection shall submit to the Sec- amounts the Secretary determines are sufficient (b) IMPLEMENTATION.—Not later than 18 retary an application at such time, in such man- to cover applicable administrative expenses (in- months after the date of enactment of this Act, ner, and containing such information as the cluding any costs associated with third-party the Administrator of the Environmental Protec- Secretary may require, including— consultants engaged by the Secretary), which tion Agency shall promulgate final regulations ‘‘(A) a written assurance that— may not exceed $100,000 or 10 basis points of the as necessary to implement subsection (a).

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00114 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4833 TITLE VII—ADVANCED RESEARCH Secretary is authorized to enter into a contract (A) an institution of higher education or high- PROJECTS AGENCY—ENERGY with the National Academy of Sciences under er education consortium; SEC. 7001. ARPA–E AMENDMENTS. which the National Academy shall conduct an (B) a workforce training provider, including (a) ESTABLISHMENT.—Section 5012(b) of the evaluation of how well ARPA–E is achieving the vocational schools and community colleges; America COMPETES Act (42 U.S.C. 16538(b)) is goals and mission of ARPA–E.’’; and (C) a private sector entity; (D) a nonprofit organization; amended by striking ‘‘development of energy (2) in paragraph (2)— (A) in the matter preceding subparagraph (A), (E) a community group; technologies’’ and inserting ‘‘development of (F) a labor group; transformative science and technology solutions by striking ‘‘shall’’ and inserting ‘‘may’’; and (B) in subparagraph (A), by striking ‘‘the rec- (G) a National Laboratory; to address the energy and environmental mis- (H) a venture development organization; sions of the Department’’. ommendation of the National Academy of Sciences’’ and inserting ‘‘a recommendation’’. (I) an organization focused on clean energy (b) GOALS.—Section 5012(c) of the America technology innovation or entrepreneurship; COMPETES Act (42 U.S.C. 16538(c)) is amend- (g) AUTHORIZATION OF APPROPRIATIONS.— Paragraph (2) of section 5012(o) of the America (J) a business accelerator or incubator; ed— (K) a private sector entity or group of entities, COMPETES Act (42 U.S.C. 16538(o)) is amended (1) by striking paragraph (1)(A) and inserting including a trade or industry association; to read as follows: the following: (L) an economic development organization; UTHORIZATION OF APPROPRIATIONS.— ‘‘(A) to enhance the economic and energy se- ‘‘(2) A (M) a manufacturing facility or organization; curity of the United States through the develop- Subject to paragraph (4), there are authorized to (N) a clean energy incubator or accelerator; or ment of energy technologies that— be appropriated to the Director for deposit in (O) any other entity that the Secretary deter- ‘‘(i) reduce imports of energy from foreign the Fund, without fiscal year limitation— mines to be relevant. sources; ‘‘(A) $497,000,000 for fiscal year 2021; (3) PROGRAM.—The term ‘‘program’’ means ‘‘(ii) reduce energy-related emissions, includ- ‘‘(B) $567,000,000 for fiscal year 2022; the Regional Clean Energy Innovation Program ing greenhouse gases; ‘‘(C) $651,000,000 for fiscal year 2023; authorized in subsection (b). ‘‘(D) $750,000,000 for fiscal year 2024; and ‘‘(iii) improve the energy efficiency of all eco- (4) FRONTLINE COMMUNITY.—The term ‘‘front- nomic sectors; ‘‘(E) $875,000,000 for fiscal year 2025.’’. line community’’ means a community with sig- (h) TECHNICAL AMENDMENTS.—Section 5012 of ‘‘(iv) provide transformative solutions to im- nificant representation of communities of color, the America COMPETES Act (42 U.S.C. 16538) is prove the management, clean-up, and disposal low-income communities, or Tribal and indige- amended— of radioactive waste and spent nuclear fuel; and nous communities, that experiences, or is at risk (1) in subsection (g)(3)(A)(iii), by striking ‘‘(v) improve the resilience, reliability, and se- of experiencing higher or more adverse human ‘‘subpart’’ each place it appears and inserting curity of infrastructure to produce, deliver, and health or environmental effects. ‘‘subparagraph’’; and store energy; and’’; and (b) IN GENERAL.—The Secretary shall estab- (2) in subsection (o)(4)(B), by striking (2) in paragraph (2), in the matter preceding lish a Regional Clean Energy Innovation Pro- ‘‘(c)(2)(D)’’ and inserting ‘‘(c)(2)(C)’’. subparagraph (A), by striking ‘‘energy tech- gram designed to accelerate the pace of innova- nology projects’’ and inserting ‘‘advanced tech- TITLE VIII—TECHNOLOGY TRANSFER tion of clean energy technologies through the nology projects’’. SECTION 8001. DEFINITIONS. formation or support of regional clean energy (c) RESPONSIBILITIES.—Section 5012(e)(3)(A) of In this title: innovation partnerships that— the America COMPETES Act (42 U.S.C. (1) CLEAN ENERGY TECHNOLOGY.—The term (1) are responsive to the energy resources, 16538(e)(3)(A)) is amended by striking ‘‘energy’’. ‘‘clean energy technology’’ means a technology needs of industry, workforce, policy landscape, (d) REPORTS AND ROADMAPS.—Section 5012(h) that significantly reduces energy use, increases and clean energy innovation capabilities of the of the America COMPETES Act (42 U.S.C. energy efficiency, reduces greenhouse gas emis- region of the country in which such partnership 16538(h)) is amended to read as follows: sions, reduces emissions of other pollutants, or is located; ‘‘(h) REPORTS AND ROADMAPS.— mitigates other negative environmental con- (2) enhance and accelerate clean energy inno- ‘‘(1) ANNUAL REPORT.—As part of the annual sequences. vation; budget request submitted for each fiscal year, (2) DEPARTMENT.—The term ‘‘Department’’ (3) are located in diverse geographic regions of the Director shall provide to the relevant au- means the Department of Energy. the United States, including United States terri- thorizing and appropriations committees of Con- (3) DIRECTOR.—The term ‘‘Director’’ means tories; and gress a report that— the Director of each National Laboratory and (4) improve economic development outcomes in ‘‘(A) describes projects supported by ARPA–E the Director of each Department of Energy sin- economically distressed areas. during the previous fiscal year; gle-purpose research facility. (c) PURPOSES OF THE PROGRAM.—The pur- ‘‘(B) describes projects supported by ARPA–E (4) ECONOMICALLY DISTRESSED AREA.—The poses of the program established under sub- during the previous fiscal year that examine term ‘‘economically distressed area’’ has the section (a) are to— topics and technologies closely related to other meaning described in section 301(a) of the Public (1) improve the competitiveness of United activities funded by the Department, and in- Works and Economic Development Act of 1965 States’ clean energy technology research, devel- cludes an analysis of whether in supporting (42 U.S.C. 3161(a)). opment, demonstration, and commercial applica- such projects, the Director is in compliance with (5) GRANT.—The term ‘‘grant’’ means a grant tion; subsection (i)(1); and award, cooperative agreement award, or any (2) to identify and leverage the competitive ‘‘(C) describes current, proposed, and planned other financial assistance arrangement that the strengths of and address clean energy chal- projects to be carried out pursuant to subsection Secretary of Energy determines to be appro- lenges that are particular to diverse geographic (e)(3)(D). priate. regions of the United States to stimulate innova- ‘‘(2) STRATEGIC VISION ROADMAP.—Not later (6) INSTITUTION OF HIGHER EDUCATION.—The tion in clean energy technologies; than October 1, 2021, and every four years term ‘‘institution of higher education’’ has the (3) support the development of clean energy thereafter, the Director shall provide to the rel- meaning given such term in the Higher Edu- innovation companies in diverse geographic re- evant authorizing and appropriations commit- cation Act of 1965, as amended (20 U.S.C. 1001). gions of the United States; tees of Congress a roadmap describing the stra- (7) NATIONAL LABORATORY.—The term ‘‘Na- (4) promote the economic development of and tegic vision that ARPA–E will use to guide the tional Laboratory’’ has the meaning given that enhance the economic resilience of diverse geo- choices of ARPA–E for future technology invest- term in section 2 of the Energy Policy Act of graphic regions of the United States; ments over the following 4 fiscal years.’’. 2005 (42 U.S.C. 15801). (5) support the development of tools and tech- (e) COORDINATION AND NONDUPLICATION.— (8) SECRETARY.—The term ‘‘Secretary’’ means nologies best suited for use in low-income and Section 5012(i)(1) of the America COMPETES the Secretary of Energy. frontline communities; and Act (42 U.S.C. 16538(i)(1)) is amended to read as (6) support the development of manufacturing follows: Subtitle A—National Clean Energy capabilities and supply chains relevant to clean ‘‘(1) IN GENERAL.—To the maximum extent Technology Transfer Programs energy technologies in the United States. practicable, the Director shall ensure that— SEC. 8101. REGIONAL CLEAN ENERGY INNOVA- (d) REGIONAL CLEAN ENERGY INNOVATION ‘‘(A) the activities of ARPA–E are coordinated TION PROGRAM. PARTNERSHIPS.— with, and do not duplicate the efforts of, pro- (a) DEFINITIONS.—In this section: (1) IN GENERAL.—The Secretary shall competi- grams and laboratories within the Department (1) REGIONAL CLEAN ENERGY INNOVATION tively award grants to covered consortia to es- and other relevant research agencies; and PARTNERSHIP.—The term ‘‘regional clean energy tablish or support regional clean energy innova- ‘‘(B) ARPA–E does not provide funding for a innovation partnership’’ means a group of one tion partnerships that achieve the purposes of project unless the prospective grantee dem- or more persons, including a covered consor- the program in subsection (c). onstrates sufficient attempts to secure private fi- tium, who perform a collection of activities that (2) PERMISSIBLE ACTIVITIES.—Grants awarded nancing or indicates that the project is not inde- are coordinated by such covered consortium to under this subsection shall be used for activities pendently commercially viable.’’. carry out the purposes of the program under determined appropriate by the Secretary to (f) EVALUATION.—Section 5012(l) of the Amer- subsection (c) in a region of the United States. achieve the purposes of the program in sub- ica COMPETES Act (42 U.S.C. 16538(l)) is (2) COVERED CONSORTIUM.—The term ‘‘covered section (c), including— amended— consortium’’ means an individual or group of (A) facilitating the commercial application of (1) by striking paragraph (1) and inserting the individuals in partnership with a government clean energy products, processes, and services, following: entity, including a State, local, or tribal govern- including through research, development, dem- ‘‘(1) IN GENERAL.—Not later than 3 years after ment or unit of such government, and at least 2 onstration, technology transfer, or support of the date of enactment of this paragraph, the or more of the following additional entities— clean energy companies;

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(B) planning among participants of a regional (e) PLANNING FUNDS.—The Secretary may Laboratories, the Secretary shall encourage clean energy innovation partnership to improve competitively award grants in an amount no partnerships with entities that are located in the strategic coordination of the partnership; greater than $2,000,000 for a period not longer the same region or State as a National Labora- (C) improving stakeholder involvement in the than 2 years to an entity consisting of a govern- tory. development of goals and activities of a regional ment entity, including a State, local, or tribal (k) AUTHORIZATION OF APPROPRIATIONS.— clean energy innovation partnership; government or unit of such government or any There are authorized to be appropriated to the (D) assessing different incentive mechanisms entity listed under subsection (a)(2) to plan a re- Secretary to carry out this section $50,000,000 for for clean energy development and commercial gional clean energy innovation partnership or each of fiscal years 2021 through 2025. application in the region; establish a covered consortium for the purpose SEC. 8102. NATIONAL CLEAN ENERGY INCUBATOR (E) hosting events and conferences; and of applying for funds under subsection (b). PROGRAM. (F) establishing and updating roadmaps to (f) INFORMATION SHARING.—As part of the (a) CLEAN ENERGY INCUBATOR DEFINED.—In measure progress on relevant goals, such as program, the Secretary shall support the gath- this section, the term ‘‘clean energy incu- those relevant to metrics developed under sub- ering, analysis, and dissemination of informa- bator’’— section (g). tion on best practices for developing and oper- (1) means any entity that is designed to accel- (3) APPLICATIONS.—Each application sub- ating successful regional clean energy innova- erate the commercial application of clean energy mitted to the Secretary under paragraph (1) may tion partnerships. technologies by providing— include— (g) METRICS.—In evaluating a grant renewals (A) physical workspace, labs, and prototyping (A) a list of members and roles of members of under section (d)(8), the Secretary shall work facilities to support clean energy startups or es- the covered consortia, as well as any other with program evaluation experts to develop and tablished clean energy companies; or stakeholders supporting the activities of the re- make publicly available metrics to assess the (B) companies developing such technologies gional clean energy innovation partnership; progress of a regional clean energy innovation with support, resources, and services, includ- (B) a description of the proposed outcomes of partnership towards achieving the purposes of ing— the regional clean energy innovation partner- the program in section (c). Such metrics may in- (i) access to business education and coun- ship; clude— seling; (C) an assessment of the relevant clean energy (1) the number and quality of— (ii) mentorship opportunities; and innovation assets needed in a region to achieve (A) new clean energy companies created in the (iii) other services rendered for the purpose of proposed outcomes, such as education and region as a result of activities carried out under aiding the development and commercial applica- training programs, research facilities, infra- the regional clean energy innovation partner- tion of a clean energy technology; and structure or site development, access to capital, ship; (2) may include a program within or estab- manufacturing capabilities, or other assets; (B) new or expanded workforce development lished by a National Laboratory, an institution (D) a description of proposed activities that or training programs; and of higher education or a State, local, or tribal the regional clean energy innovation partner- (C) support services provided to clean energy government. (b) PROGRAM ESTABLISHMENT.—Not later than ship plans to undertake and how the proposed technology developers in the region. 180 days after the enactment of this Act, the activities will achieve the purposes described in (2) changes in clean energy employment in the Secretary, acting through the Chief Commer- subsection (c) and the proposed outcomes in region as a result of activities carried out under cialization Officer established in section 1001 (a) subparagraph (B); the regional clean energy innovation partner- (E) a description of the geographical region ship ; and of the Energy Policy Act of 2005 (42 U.S.C. 16391 that will engage in the partnership; (3) the amount of capital investment in clean (a)), shall establish a Clean Energy Incubator (F) a plan for attracting additional funds and energy companies in the region as a result of ac- Program (herein referred to as the ‘‘program’’) identification of funding sources from non-Fed- tivities carried out under the regional clean en- to competitively award grants to clean energy eral sources to deliver the proposed outcomes of ergy innovation partnership grant. incubators. (c) CLEAN ENERGY INCUBATOR SELECTION.—In the regional clean energy innovation partner- (h) COORDINATION.—In carrying out the pro- awarding grants to clean energy incubators ship; and gram, the Secretary may coordinate with rel- (G) a plan for sustaining activities of the re- evant programs at other Federal agencies, in- under subsection (b), the Secretary shall gional clean energy innovation partnership cluding— prioritize funding clean energy incubators after funds received under this program have (1) the Office of Innovation and Entrepre- that— (1) partner with entities that carry out activi- been expended. neurship under the Economic Development Ad- ministration, including the Regional Innovation ties relevant to the activities of such incubator (4) CONSIDERATIONS.—In selecting covered consortia for funding under the program, the Program under section 27 of the Stevenson- and that operate at the local, State, and re- Secretary shall— Wydler Technology Innovation Act of 1980 (15 gional levels; (2) support the commercial application activi- (A) give special consideration to applications U.S.C. 3722); ties of startup companies focused on physical from entities located in an economically dis- (2) the Hollings Manufacturing Extension hardware, computational, or integrated hard- tressed area; and Partnership Program under section 25(a) of the (B) ensure that there is geographic diversity National Institute of Standards and Technology ware and software technologies; (3) are located in geographically diverse re- among the covered consortia selected to receive Act (15 U.S.C. 278k); (3) the Manufacturing USA Program under gions of the United States; funding. section 34(a) of the National Institute of Stand- (4) are located in, or partner with entities lo- (5) AWARD AMOUNT.—Grants given out under ards and Technology Act (15 U.S.C. 278s); cated in, economically-distressed areas; this Program shall be in an amount not greater (4) the Defense Manufacturing Communities (5) support the development of entities focused than $10,000,000, with the total grant award in Support Program under section 846 of the John on expanding clean energy tools and tech- any year less than that in the previous year. S. McCain National Defense Authorization Act nologies to low-income and frontline commu- (6) COST SHARE.—For grants that are dis- for Fiscal Year 2019 (10 U.S.C. 2501 note); and nities; bursed over the course of three or more years, (5) the Office of Economic Adjustment at the (6) support the commercial application of the Secretary shall require, as a condition of re- Department of Defense. technologies being developed by clean energy ceipt of funds under this section, that a covered (i) EVALUATION BY COMPTROLLER GENERAL.— entrepreneurs from underrepresented back- consortium provide not less than 50 percent of Not later than 3 years after the date of the en- grounds; and the funding for the activities of the regional actment of this Act, and every 3 years there- (7) have a plan for sustaining activities of the clean energy partnership under this section for after, the Comptroller General shall submit to incubator after grant funds received under this years 3, 4, and 5. the Committee on Science, Space, and Tech- program have been expended. (7) DURATION.—Each grant under paragraph nology of the House of Representatives and the (d) AWARD LIMITS.—The Secretary shall not (1) shall be for a period of not longer than 5 Committee on Energy and Natural Resources of award more than $4,000,000 to one or more incu- years. the Senate an evaluation on the operation of bators in one given State, per fiscal year. (8) RENEWAL.—A grant award made to a re- the program during the most recent 3-year pe- (e) DURATION.—Each grant under subsection gional clean energy innovation partnership riod, including— (b) shall be for a period of no longer than 5 under this section may be renewed for a period (1) an assessment of the progress made to- years, subject to the availability of appropria- of not more than 5 years, subject to a rigorous wards achieving the purposes specified in sub- tions. merit review based on the progress of a regional section (c) based on the metrics developed under (f) USE OF FUNDS.—An entity receiving a clean energy innovation partnership towards subsection (g); grant under this section may use grant amounts achieving the purposes of the program in sub- (2) the short-term and long-term metrics used for operating expenses. section (c) and the metrics developed under sub- to determine the success of the program under (g) RENEWAL.—An award made to a clean en- section (g). subsection (g), and any changes recommended ergy incubator under this section may be re- (9) ADMINISTRATIVE COSTS.—The Secretary to the metrics used; newed for a period of not more than 3 years, may allow a covered consortium that receives (3) the regional clean energy innovation part- subject to merit review. funds under this section to allocate a portion of nerships that have received grants under sub- (h) EVALUATION.—In accordance with section the funding received to be used for administra- section (d); and 8307(b) of this Act, the Secretary shall submit 3 tive or indirect costs. (4) any recommendations on how the program years after the enactment of this Act and every (10) FUNDING.—The Secretary may accept may be improved. 3 years thereafter to the Committee on Science, funds from other Federal agencies to support (j) NATIONAL LABORATORIES.—In supporting Space, and Technology of the House of Rep- funding and activities under this section. technology transfer activities at the National resentatives and the Committee on Energy and

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Natural Resources of the Senate an evaluation (b) PURPOSE.—The purposes of Energy I-Corps (B) increasing the competitiveness of United of the program established under this section shall be to help participants described in sub- States in the clean energy sector, including in that includes analyses of the performance of the section (c) develop skills and to accelerate the manufacturing; and clean energy incubators. commercial application of clean energy tech- (C) commercial application of clean energy (i) AUTHORIZATION OF APPROPRIATIONS.— nologies and other technologies related to the technologies being developed by entrepreneurs There are authorized to be appropriated to the mission of the Department of Energy. from under-represented backgrounds. Secretary to carry out this section $15,000,000 for (c) PARTICIPANTS.—The Secretary shall carry (b) AUTHORIZATION OF APPROPRIATIONS.— each of fiscal years 2021 through 2025. out this program for participants consisting of— There are authorized to be appropriated to the SEC. 8103. CLEAN ENERGY TECHNOLOGY UNIVER- (1) employees at the National Laboratories; Secretary to carry out the activities in this sec- SITY PRIZE COMPETITION. and tion $3,000,000 for each of fiscal years 2021 (a) DEFINITIONS.—In this section: (2) researchers, students, and clean energy en- through 2025. (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti- trepreneurs. Subtitle B—Supporting Technology ty’’ means a non-profit entity, an institution of (d) ACTIVITIES.—In carrying out Energy I- Development At the National Laboratories higher education, or an entity working with one Corps, the Secretary shall support— (1) commercial application education, train- SEC. 8201. LAB PARTNERING SERVICE PILOT PRO- or more institutes of higher education. GRAM. ing, and mentoring activities, including work- (2) MINORITY-SERVING INSTITUTION.—The term (a) PILOT PROGRAM.— ‘‘minority-serving institution’’ means an institu- shops, seminars, and short courses; (1) IN GENERAL.—The Secretary, acting tion described in section 371(a) of the Higher (2) engagement with private sector entities to through the Chief Commercialization Officer es- Education Act of 1965 (20 U.S.C. 1067q(a)). identify future research and development activi- tablished in section 1001(a) of the Energy Policy ties; and (b) IN GENERAL.—The Secretary, acting Act of 2005 (42 U.S.C. 16391(a)), shall establish a (3) any other activities that the Secretary de- through the Chief Commercialization Officer es- Lab Partnering Service Pilot Program (herein- termines to be relevant. tablished in section 1001(a) of the Energy Policy after in this section referred to as the ‘‘pilot pro- (e) STATE AND LOCAL PARTNERSHIPS.—In car- Act of 2005 (42 U.S.C. 16391(a)), shall establish a gram’’). rying out Energy I-Corps, the Secretary may en- program, known as the ‘‘Clean Energy Tech- (2) PURPOSES.—The purposes of the pilot pro- gage in partnerships with National Labora- nology University Prize’’, to award funding for gram are to provide services that encourage and tories, State and local governments, economic eligible entities to carry out regional and one support partnerships between the National Lab- development organizations, and nonprofit orga- national clean energy technology prize competi- oratories and public and private sector entities, nizations to broaden access to Energy I-Corps tions, under section 24 of the Stevenson-Wydler and to improve communication of research, de- and support relevant activities under this sub- Technology Innovation Act of 1980 (15 U.S.C. velopment, demonstration, and commercial ap- section. 3719). In carrying out such prize competitions, plication projects and opportunities at the Na- (f) FEDERAL COORDINATION.—In carrying out students shall compete to develop a business tional Laboratories to potential partners Energy I-Corps, the Secretary may coordinate model for furthering the commercial application through the development of a website and the with any other Federal science agency program of an innovative clean energy technology. The provision of services, in collaboration with rel- that carries out a similar program to support en- purpose of this program is to encourage student evant external entities. trepreneurial and commercial application edu- interest in clean energy technology development (3) ACTIVITIES.—In carrying out this pilot pro- cation, training, professional development, and and to help students solve challenges in clean gram, the Secretary shall— mentorship in order to share best practices. energy technology commercial application, with (A) conduct outreach to and engage with rel- (g) EVALUATION.—The Secretary shall submit participation from diverse geographical regions evant public and private entities; 3 years after the enactment of this Act and of the United States. (B) identify and disseminate best practices for every 3 years thereafter to the Committee on (c) TRAINING FUNDING.—In carrying out this strengthening connections between the National Science, Space, and Technology of the House of program, the Secretary may provide funding to Laboratories and public and private sector enti- Representatives and the Committee on Energy train participating students in skills needed for ties; and and Natural Resources of the Senate an evalua- the successful commercial application of clean (C) develop a website to disseminate information on the long-term effectiveness of the Energy energy technologies, including through virtual tion on— I-Corps program and the progress towards training sessions. (i) different partnering mechanisms for work- achieving the purposes of the program in sub- (d) PRIORITIZATION.—In awarding grants ing with the National Laboratories; section (a). under this section, the Secretary shall prioritize (ii) National Laboratory experts and research (h) AUTHORIZATION OF APPROPRIATIONS.— areas; and awarding grants to eligible entities that work There are authorized to be appropriated to the with students at minority-serving institutions. (iii) National Laboratory facilities and user Chief Commercialization Officer established in facilities. (e) COORDINATION.—In carrying out this pro- section 1001(a) of the Energy Policy Act of 2005 (b) METRICS.—The Secretary shall support the gram, the Secretary shall coordinate and part- (42 U.S.C. 16391(a)) to carry out the activities development of metrics, including conversion ner with existing clean energy technology prize authorized in subsection (a)— metrics, to determine the effectiveness of the competitions. In doing so, the Secretary may de- (1) for participants under subsection (c)(1) pilot program in achieving the purposes in sub- velop and disseminate best practices for admin- $3,000,000 for each of fiscal years 2021 through section (a) and the number and types of part- istering prize competitions under this section. 2025; and nerships established between public and private (f) REPORT.—In accordance with section (2) for participants under subsection (c)(2) sector entities and the National Laboratories 8307(a) of this Act, the Secretary shall report $2,000,000 for each of fiscal years 2021 through annually on the progress and implementation of compared to baseline data. 2025. (c) COORDINATION.—In carrying out the ac- the program established under subsection (b). SEC. 8105. CLEAN ENERGY TECHNOLOGY TRANS- tivities authorized in this section, the Secretary (g) EVALUATION.—In accordance with section FER COORDINATION. shall coordinate with the Directors and dedi- 8307(b) of this Act, the Secretary shall submit 3 (a) IN GENERAL.—The Secretary, acting cated technology transfer staff at the National years after the enactment of this Act and every through the Chief Commercialization Officer es- Laboratories, in particular for matchmaking 3 years thereafter to the Committee on Science, tablished in section 1001 (a) of the Energy Pol- services for individual projects, which should be Space, and Technology of the House of Rep- icy Act of 2005 (42 U.S.C. 16391 (a)), shall sup- led by the National Laboratories. resentatives and the Committee on Energy and port the coordination of relevant technology (d) FUNDING EMPLOYEE PARTNERING ACTIVI- Natural Resources of the Senate an evaluation transfer programs, including those authorized in TIES.—The Secretary shall delegate to the Direc- on the long-term outcomes of the program estab- sections 8101, 8102, 8103, 8104, 8202, and 8206 of tors the authority to compensate National Lab- lished under this section and the progress to- this Act, that advance the commercial applica- oratory employees providing services under this wards achieving the purposes of the program in tion of clean energy technologies nationally and section. subsection (b). across all energy sectors. In particular, the Sec- (e) DURATION.—Subject to the availability of UTHORIZATION OF APPROPRIATIONS.— (h) A retary may support activities to— appropriations, the pilot program established in There are authorized to be appropriated to the (1) facilitate the sharing of information on this section shall operate for not less than 3 Secretary to carry out the activities authorized best practices for successful operation of clean years and may be built off an existing program. in this section $1,000,000 for each of fiscal years energy technology transfer programs; (f) EVALUATION.—Not later than 6 months 2021 through 2025. (2) coordinate resources and improve coopera- after the completion of this pilot program, the SEC. 8104. ENERGY I-CORPS. tion among clean energy technology transfer Secretary shall support the evaluation of the (a) IN GENERAL.—The Secretary of Energy programs; success of the pilot program in achieving the (hereinafter in this section referred to as the (3) facilitate connections between entre- purposes in subsection (a) and shall submit the ‘‘Secretary’’), acting through the Chief Commer- preneurs and start-up companies and the vari- evaluation to the Committee on Science, Space, cialization Officer established in section 1001(a) ety of programs related to clean energy tech- and Technology of the House of Representatives of the Energy Policy Act of 2005 (42 U.S.C. nology transfer under the Department; and and the Committee on Energy and Natural Re- 16391(a)), shall carry out a program to support (4) facilitate the development of metrics to sources of the Senate. The assessment shall in- commercial application education, training, pro- measure the impact of clean energy technology clude analyses of the performance of the pilot fessional development, and mentorship called transfer programs on— program based on the metrics developed under the ‘‘Energy Innovation Corps Program’’ (here- (A) advancing the development, demonstra- subsection (b). inafter in this section referred to as ‘‘Energy I- tion, and commercial application of clean en- (g) AUTHORIZATION OF APPROPRIATIONS.— Corps’’). ergy technologies; There are authorized to be appropriated to the

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00117 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4836 CONGRESSIONAL RECORD — HOUSE September 23, 2020 Secretary $2,000,000 for each of fiscal years 2021 in this section $25,000,000 for each of fiscal years tion Act, the Secretary shall report annually on through 2023 to carry out subsections (a), (b), 2021 through 2025. the progress and implementation of the small (c), (e), and (f) and $1,700,000 for each of fiscal SEC. 8203. SMALL BUSINESS VOUCHER PROGRAM. business voucher program established under this years 2021 through 2023 for national laboratory Section 1003 of the Energy Policy Act of 2005 section, including the number and locations of employees to provide services under subsection (42 U.S.C. 16393) is amended— small businesses that received grants under this (d). (1) in subsection (a)— program.’’; and SEC. 8202. LAB-EMBEDDED ENTREPRENEURSHIP (A) in the matter preceding paragraph (1), by (4) in subsection (e) (as so redesignated), by PROGRAM. striking ‘‘, and may require the Director of a striking ‘‘for activities under this section’’ and (a) IN GENERAL.—The Secretary shall competi- single-purpose research facility,’’ and inserting inserting ‘‘for activities under subsection (b)’’ tively award grants to National Laboratories for ‘‘(as defined in section 2) and the Director of and inserting at the end ‘‘and for activities the purpose of establishing or supporting Lab- each single-purpose research facility’’; under subsection (c) $25,000,000 for each of fiscal Embedded Entrepreneurship Programs. (B) in paragraph (1)— years 2021 through 2025’’. (b) PURPOSES.—The purposes of such pro- (i) by striking ‘‘increase’’ and inserting ‘‘en- SEC. 8204. ENTREPRENEURIAL LEAVE PROGRAM. grams are to provide entrepreneurial fellows courage’’; and (a) IN GENERAL.—The Secretary shall delegate with access to National Laboratory research fa- (ii) by striking ‘‘collaborative research,’’ and to Directors the authority to carry out an entre- cilities, National Laboratory expertise, and inserting ‘‘research, development, demonstra- preneurial leave program (referred to in this sec- mentorship to perform research and development tion, and commercial application activities, in- tion as the ‘‘program’’) to allow National Lab- and gain expertise that may be required or bene- cluding product development,’’; oratory employees to take a full leave of absence ficial for the commercial application of research (C) in paragraph (2), by striking ‘‘procure- from their position, with the option to return to ideas. ment and collaborative research’’ and inserting that or a comparable position up to 3 years (c) ENTREPRENEURIAL FELLOWS.—An entrepre- ‘‘procurement and the activities described in later, or a partial leave of absence, to advance neurial fellow participating in a program de- paragraph (1)’’; the commercial application of energy and re- scribed in subsection (a) shall be provided (D) in paragraph (3)— lated technologies relevant to the mission of the with— (i) by inserting ‘‘facilities,’’ before ‘‘training’’; Department. (1) opportunities for entrepreneurial training, and (b) TERMINATION AUTHORITY.—Directors shall professional development, and exposure to lead- (ii) by striking ‘‘procurement and collabo- retain the authority to terminate National Lab- ers from academia, industry, government, and rative research activities’’ and inserting ‘‘pro- oratory employees that participate in the pro- finance who may serve as advisors to or part- curement and the activities described in para- gram if such employees are found to violate ners of the fellow; graph (1)’’; and terms prescribed by the National Laboratory at (2) financial and technical support for re- (E) in paragraph (5), by striking ‘‘for the pro- which such employee is employed. gram under subsection (b)’’ and inserting ‘‘and search, development, and commercial applica- (c) LICENSING.—To reduce barriers to partici- tion activities; metrics for the programs under subsections (b) pation in the program, the Secretary shall dele- (3) fellowship awards to cover costs of living, and (c)’’; gate to the Directors the requirement to estab- health insurance, and travel stipends for the (2) by redesignating subsections (c) and (d) as lish streamlined mechanisms for facilitating the duration of the fellowship; and subsections (d) and (e), respectively; licensing of technology that is the focus of Na- (3) by inserting after subsection (b) the fol- (4) any other resources determined appro- tional Laboratory employees who participate in lowing: priate by the Secretary. the program. (d) PROGRAM ACTIVITIES.—Each eligible entity ‘‘(c) SMALL BUSINESS VOUCHER PROGRAM.— (d) REPORT.—In accordance with section that receives funding under this section shall ‘‘(1) DEFINITIONS.—In this subsection: 8307(a) of this Act, the Secretary shall report support entrepreneurial fellows by providing— ‘‘(A) DIRECTOR.—The term ‘Director’ means— annually on the utilization of this authority at (1) access to facilities and expertise within the ‘‘(i) the Director of each National Laboratory; national laboratories, including the number of National Laboratory; and employees who participate in this program at (2) engagement with external stakeholders; ‘‘(ii) the Director of each single-purpose re- each national laboratory and the number of em- and search facility. ployees who take a permanent leave from their (3) market and customer development opportu- ‘‘(B) NATIONAL LABORATORY.—The term ‘Na- positions at national laboratories as a result of nities. tional Laboratory’ has the meaning given the participating in this program. (e) ADMINISTRATION.—Eligible entities that re- term in section 2. (e) FEDERAL ETHICS.—Nothing in this section ceive grants under this section shall prioritize ‘‘(C) PROGRAM.—The term ‘program’ means the support and success of the entrepreneurial the program established under paragraph (2). shall affect existing federal ethics rules applicable to federal personnel. fellow with regards to professional development ‘‘(D) SMALL BUSINESS CONCERN.—The term and development of a relevant technology. ‘small business concern’ has the meaning given SEC. 8205. NATIONAL LABORATORY EMPLOYEE OUTSIDE EMPLOYMENT AUTHORITY. (f) PARTNERSHIPS.—In carrying out a Lab-Em- such term in section 3 of the Small Business Act bedded Entrepreneurship Program, a National (15 U.S.C. 632). (a) IN GENERAL.—The Secretary shall delegate Laboratory may partner with an external enti- ‘‘(2) ESTABLISHMENT.—The Secretary, acting to Directors of National Laboratories the au- ty, including— through the Chief Commercialization Officer ap- thority to allow their employees— (1) a nonprofit organization; pointed under section 1001(a), and in consulta- (1) to engage in outside employment, includ- (2) an institution of higher education; or tion with the Directors, shall establish a pro- ing start-up companies based on licensing tech- (3) a federally-owned corporation. gram to provide small business concerns with nologies developed at National Laboratories and (g) METRICS.—The Secretary shall support the vouchers under paragraph (3)— consulting in their areas of expertise, and redevelopment of short-term and long-term metrics ‘‘(A) to achieve the goal described in sub- ceive compensation from such entities; and to assess the effectiveness of programs receiving section (a)(1); and (2) to engage in outside activities related to a grant under subsection (a) in achieving the ‘‘(B) to improve the products, services, and ca- their areas of expertise at the National Labora- purposes of the program in subsection (b). pabilities of small business concerns in the mis- tory and may allow employees, in their employ- (h) EVALUATION.—In accordance with section sion space of the Department. ment capacity at such outside employment, to 8307(b) of this Act, not later than 3 years after ‘‘(3) VOUCHERS.—Under the program, the Di- access the National Laboratories under the same the date of the enactment of this Act, and every rectors are authorized to provide to small busi- contracting mechanisms as non-laboratory em- 3 years thereafter, the Secretary shall submit to ness concerns vouchers to be used at National ployees and entities, in accordance with appro- the Committee on Science, Space, and Tech- Laboratories and single-purpose research facili- priate conflict of interest protocols. nology of the House of Representatives and the ties for— (b) REQUIREMENTS.—If a Director elects to use Committee on Energy and Natural Resources of ‘‘(A) research, development, demonstration, the authority granted by subsection (a) of this the Senate an evaluation of the effectiveness of technology transfer, or commercial application section, the Director, or their designee, shall— the programs under subsection (a) based on the activities; or (1) require employees to disclose to and obtain metrics developed pursuant to subsection (g). ‘‘(B) any other activities that the applicable approval from the Director or their designee (i) COORDINATION.—The Secretary shall over- Director determines appropriate. prior to engaging in any outside employment; see the planning and coordination of grants ‘‘(4) EXPEDITED APPROVAL.—The Secretary, (2) develop and require appropriate conflict of under subsection (a) and shall identify and dis- working with the Directors, shall establish a interest protocols for employees that engage in seminate best practices for achieving the pur- streamlined approval process for financial as- outside employment; and poses of subsection (b) to eligible entities that resistance agreements signed between— (3) maintain the authority to terminate em- ceive grants under this section. ‘‘(A) small business concerns selected to re- ployees engaging in outside employment if they (j) INTERAGENCY COLLABORATION.—The Sec- ceive a voucher under the program; and are found to violate terms, including conflict of retary shall collaborate with other executive ‘‘(B) the National Laboratories and single- interest protocols, mandated by the Director. branch agencies, including the Department of purpose research facilities. (c) ADDITIONAL RESTRICTIONS.—Employees en- Defense and other agencies with federal labora- ‘‘(5) COST-SHARING REQUIREMENT.—In car- gaging in outside employment may not— tories, regarding opportunities to partner with rying out the program, the Secretary shall re- (1) sacrifice, hamper, or impede their duties at programs receiving a grant under subsection (a). quire cost-sharing in accordance with section the National Laboratory; (i) AUTHORIZATION OF APPROPRIATIONS.— 988; and (2) engage in activities related to outside em- There are authorized to be appropriated to the ‘‘(6) REPORT.—In accordance with section ployment using National Laboratory govern- Secretary to carry out the activities authorized 8307(a) of the Clean Economy Jobs and Innova- ment equipment, property, or resources, unless

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00118 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4837 such activities are performed under National ‘‘(iii) an analysis on how to spend funds opti- (B) by striking ‘‘Each Federal agency’’ and Laboratory contracting mechanisms, such as mally on technology areas that have the great- inserting the following: Cooperative Research and Development Agree- est need and opportunity for commercial appli- ‘‘(1) IN GENERAL.—Except as provided in para- ment or Strategic Partnership Projects, whereby cation, rather than spending funds at the pro- graph (2), each Federal agency’’; and all conflicts of interest requirements apply; or grammatic level or under current funding re- (C) by adding at the end the following: (3) use their position at a National Laboratory strictions.’’. ‘‘(2) EXCEPTION.—Notwithstanding paragraph to provide an unfair competitive advantage to SEC. 8207. SIGNATURE AUTHORITY. (1), in accordance with section 8207 of the Clean an outside employer or start-up activity. (a) IN GENERAL.—Subject to subsections (b) Economy Jobs and Innovation Act, approval by (d) FEDERAL ETHICS.—Nothing in this section and (c), the Secretary shall delegate to Directors the Secretary of Energy shall not be required for shall affect existing federal ethics rules applica- of the National Laboratories signature author- any agreement proposed to be entered into by a ble to federal personnel. ity with respect to any agreement described in National Laboratory of the Department of En- SEC. 8206. TECHNOLOGY COMMERCIALIZATION subsection (b) the total cost of which, including ergy, the total cost of which, including the Na- FUND. the National Laboratory contributions and tional Laboratory contributions and project re- Section 1001(e) of the Energy Policy Act of project recipient cost share, is less than cipient cost share, is less than $1,000,000.’’; and 2005 (42 U.S.C. 16391(e)) is amended to read as $1,000,000, if such an agreement falls within the (2) in subsection (b), by striking ‘‘subsection follows: scope of— (a)(1)’’ each place it appears and inserting ‘‘(e) TECHNOLOGY COMMERCIALIZATION (1) the strategic plan for the National Labora- ‘‘subsection (a)(1)(A)’’. FUND.— Subtitle C—Department of Energy ‘‘(1) ESTABLISHMENT.—The Secretary, acting tory or a master scope of work that has been ap- through the Chief Commercialization Officer es- proved by the Department; or Modernization tablished in section 1001 (a) of the Energy Pol- (2) the most recent budget approved by Con- SEC. 8301. TECHNOLOGY TRANSFER PROGRAM. icy Act of 2005 (42 U.S.C. 16391(a)), shall estab- gress for Department activities to be carried out (a) CHIEF COMMERCIALIZATION OFFICER.—Sec- lish a Technology Commercialization Fund by the National Laboratory. tion 1001 of the Energy Policy Act of 2005 (42 (hereafter referred to as the ‘Fund’), using nine- (b) AGREEMENTS.—Subsection (a) applies to— U.S.C. 16391) is amended— tenths of one percent of the amount of appro- (1) a cooperative research and development (1) by amending subsection (a) to read as fol- priations made available to the Department for agreement; lows: applied energy research, development, dem- (2) a strategic partnership project; ‘‘(a) CHIEF COMMERCIALIZATION OFFICER.— onstration, and commercial application for each (3) prize competitions; The Secretary shall appoint a Chief Commer- fiscal year, to be used to provide, in accordance (4) an agreement for commercializing tech- cialization Officer to be the principal advisor to with the cost-sharing requirements under sec- nology; or the Secretary on all matters relating to tech- tion 988, funds to national laboratories to pro- (5) any other agreement determined to be ap- nology transfer and commercialization, and who mote promising energy technologies for commer- propriate by the Secretary, in collaboration with shall report directly to, and be appointed by, the cial purposes with private partners. the Directors. Secretary.’’; and ‘‘(2) APPLICATIONS.— (c) ADMINISTRATION.— (2) in subsections (b) and (c), by striking ‘‘Co- ‘‘(A) CONSIDERATIONS.—The Secretary shall (1) ACCOUNTABILITY.—The Director of the af- ordinator’’ each place it appears and inserting develop criteria for evaluating applications for fected National Laboratory and the affected ‘‘Chief Commercialization Officer’’. funding under this section, which may in- contractor shall carry out an agreement under (b) OFFICE OF TECHNOLOGY TRANSITIONS.— clude— this section in accordance with applicable poli- Title X of the Energy Policy Act of 2005 (42 ‘‘(i) the potential that a proposed technology cies of the Department, including by ensuring U.S.C. 16391 et. seq.) is amended by adding at will result in a commercially successful product that the agreement does not compromise any na- the end the following: within a reasonable timeframe; and tional security, economic, or environmental in- ‘‘SEC. 1012. TECHNOLOGY TRANSFER PROGRAM. ‘‘(ii) the relative maturity of a proposed tech- terest of the United States. ‘‘(a) OFFICE OF TECHNOLOGY TRANSITIONS.— nology for commercial application. (2) CERTIFICATION.—The Director of the af- There is established within the Department an ‘‘(B) SELECTIONS.—In awarding funds under fected National Laboratory and the affected Office of Technology Transitions (referred to in this section, the Secretary may give special con- contractor shall certify that each activity car- this section as the ‘Office’), which shall be sideration to applications that involve at least ried out under a project for which an agreement headed by the Chief Commercialization Officer one applicant that has participated in an entre- is entered into under this section does not appointed under section 1001(a). preneurial or commercialization training pro- present, or minimizes, any apparent conflict of ‘‘(b) MISSION.—The mission of the Office shall gram, such as Energy Innovation Corps. interest, and avoids or neutralizes any actual be— ‘‘(3) ANNUAL REPORT.—The Secretary shall in- conflict of interest, as a result of the agreement ‘‘(1) to expand the commercial impact of the clude in the annual report required under sub- under this section. research investments of the Department; and section (h)(2)— (3) AVAILABILITY OF RECORDS.—Not later ‘‘(2) to advance the commercial application of ‘‘(A) description of the projects carried out than 30 days after the date on which a Director technologies that reduce energy use, reduce with awards from the Fund for that fiscal year; enters an agreement under this section, such Di- ‘‘(B) each project’s cost-share for that fiscal greenhouse gas emissions and other pollutants, rector shall submit to the Secretary for moni- improve energy efficiency, mitigate other nega- year; toring and review all records of the National ‘‘(C) each project’s partners for that fiscal tive environmental consequences, or support Laboratory relating to the agreement. year. other missions of the Department. (d) APPROVAL.—Upon granting the signature ‘‘(4) EVALUATION.—In accordance with section ‘‘(c) GOALS.— 8307(b) of the Clean Economy Jobs and Innova- authority under subsection (a), the Secretary ‘‘(1) IN GENERAL.—In carrying out the mission tion Act, the Secretary shall submit 3 years after may not require any additional reviews or ap- and activities of the Office, the Chief Commer- the enactment of that Act and every 3 years provals of draft agreements, statements of work, cialization Officer shall, with respect to commer- thereafter to the Committee on Science, Space, or other documents for agreements that meet the cial application activities, meet all of the goals and Technology Committee of the House of Rep- criteria under subsection (a). described in paragraph (2). XCEPTION.—This section does not apply resentatives and the Committee on Energy and (e) E ‘‘(2) GOALS DESCRIBED.—The goals referred to to any agreement with a foreign-controlled enti- Natural Resources of the Senate an evaluation in paragraph (1) are the following: ty or entity under the majority control of any on the long-term commercial success of projects ‘‘(A) Reduction of greenhouse gas emissions or foreign entity. that received awards from the Fund. other pollutants. ‘‘(5) TECHNOLOGY COMMERCIALIZATION FUND (f) REPORT.—In accordance with section ‘‘(B) Improvement of energy efficiency. REPORT.— 8307(a) of this Act, the Secretary shall submit ‘‘(C) Improvement of economic competitive- ‘‘(A) IN GENERAL.—Not later than 1 year after annually information on the number and types ness. the date of enactment of the Energizing Tech- of agreements signed using the authorities ‘‘(D) Enhancement of domestic energy secu- nology Transfer Act, the Secretary shall submit granted under this section. rity and national security. to the Committee on Science, Space, and Tech- (g) EVALUATION.—Not later than 3 years after ‘‘(E) Enhancement of the domestic workforce nology and Committee on Appropriations of the the date of enactment of this Act, the Secretary relevant to energy and other sectors relevant to House of Representatives and the Committee on shall submit to the Committee on Science, Space, the mission of the Department. Energy and Natural Resources and Committee and Technology Committee of the House of Rep- ‘‘(d) HIRING AND MANAGEMENT.—To carry out on Appropriations of the Senate a report on the resentatives and the Committee on Energy and the activities authorized in this section, the current and recommended implementation of the Natural Resources of the Senate an evaluation Under Secretary for Science may appoint per- Fund. of the efficacy of reducing administrative bur- sonnel using the authorities in section 8306 of ‘‘(B) CONTENTS.—The report under subpara- den for agreements signed using the authorities the Clean Economy Jobs and Innovation Act. graph (A) shall include— granted under this section. ‘‘(e) COLLABORATION.—In carrying out the ‘‘(i) a summary, with supporting data, of how (h) CONFORMING AMENDMENT.—Section 12 of mission and activities of the Office of Tech- much Department program offices contribute to the Stevenson-Wydler Technology Innovation nology Transitions, the Chief Commercialization and use the Fund each year, including a list of Act of 1980 (15 U.S.C. 3710a) is amended— Officer shall coordinate with the senior leader- current funding restrictions; (1) in subsection (a)— ship of the Department, other relevant offices of ‘‘(ii) recommendations on how to improve im- (A) by redesignating paragraphs (1) and (2) as the Department, the Directors, the National plementation and administration of the Fund; subparagraphs (A) and (B), respectively, and Laboratories, the Technology Transfer Working and indenting the subparagraphs appropriately; Group established under section 1001(d), the

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Technology Transfer Policy Board, and other (f) REPORTING.—In accordance with section (B) a plan for raising private sector invest- stakeholders, including private industry. 8307(a), the Secretary shall report annually on ment; and ‘‘(f) REPORT.—In accordance with section the utilization of the authority granted under (C) proposed technical and financial mile- 8307(a) of the Clean Economy Jobs and Innova- this section, including a summary of— stones, including estimated project timelines and tion Act, the Secretary shall report annually on (1) any demonstration projects currently being total costs; and the activities carried out by the Office of Tech- carried out under this section; and (2) award funding of a predetermined amount nology Transitions pertaining to the mission of (2) a summary of the reviews under subsection to projects that successfully meet proposed mile- the program in subsection (b) and the goals in (c)(4) of any ongoing demonstration projects stones under paragraph (1)(C) or for expenses subsection (c). carried out under this section. deemed reimbursable by the Secretary, in ac- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— (g) EVALUATION BY COMPTROLLER GENERAL.— cordance with terms negotiated for an indi- There are authorized to be appropriated to the Not later than 3 years after the date of the en- vidual award; Secretary to carry out the activities authorized actment of this Act the Comptroller General (3) require cost-sharing in accordance with in this section $20,000,000 for each of fiscal years shall submit to the Committee on Science, Space, section 988 of the Energy Policy Act of 2005; and 2021 through 2025.’’. and Technology of the House of Representatives (4) communicate regularly with selected eligi- SEC. 8302. MANAGEMENT OF DEMONSTRATION and the Committee on Energy and Natural Re- ble entities and, if the Secretary deems appro- PROJECTS. sources of the Senate an evaluation on the oper- priate, exercise small amounts of flexibility for (a) MANAGEMENT OF DEPARTMENT OF ENERGY ation of the program established under this sec- technical and financial milestones as projects DEMONSTRATION PROJECTS.—The Secretary shall tion, including— mature. establish a program to conduct project manage- (1) the processes and procedures used to (c) AWARDS.—For the program established ment and oversight of demonstration projects evaluate demonstration project proposals and under subsection (a)— that receive more than $50,000,000 in funding oversee demonstration projects that receive (1) an award recipient shall be responsible for from the Department, in coordination with rel- funding under this section; all costs until milestones are achieved, or reim- evant staff from Department program offices. (2) any recommended changes to the program, bursable expenses are reviewed and verified by The purposes of this program are to— including the structure and the processes and the Department; and (1) conduct evaluation of demonstration procedures used to evaluate and oversee dem- (2) should an awardee not meet the milestones project proposals prior to selection of a project onstration projects that receive funding under described in subsection (a), the Secretary or for funding; this section; and their designee may end the partnership with an (2) conduct independent oversight of the exe- (3) any recommended changes to the structure award recipient and use the remaining funds in cution of a demonstration project once funding of this program to improve the success in meet- the ended agreement for new or existing projects has been awarded for such project; and ing the program purposes under subsection (a). carried out under this section. (3) ensure a balanced portfolio of investments ROJECT ANAGEMENT SEC. 8303. STREAMLINING PRIZE COMPETITIONS. (d) P M .—In carrying out in clean energy technology demonstration projects under this program and assessing the Section 1008 of the Energy Policy Act of 2005 projects. completion of their milestones in accordance (b) DEMONSTRATION PROJECT MANAGEMENT (42 U.S.C. 16396) is amended by inserting after with subsection (b), the Secretary shall consult EMPLOYEES.— subsection (d) the following (and redesignating with experts that represent diverse perspectives (1) AUTHORITY.—In carrying out the program subsections (e) and (f) as subsections (g) and and professional experiences, including those under subsection (a), the Under Secretary for (h), respectively): from the private sector, to ensure a complete Science shall appoint at least 2 full time employ- ‘‘(e) COORDINATION.—In carrying out sub- and thorough review. ees to achieve the purposes of the program out- section (a), and for any prize competitions (e) REPORT.—In accordance with section lined in subsection (a) in coordination with rel- under section 105 of the America Creating Op- 8307(a), the Secretary shall report annually on evant staff at Department program offices. portunities to Meaningfully Promote Excellence any demonstration projects carried out using (2) HIRING AUTHORITY.—To carry out the pro- in Technology, Education, and Science Reau- the authorities under this section. gram authorized in this section, the Under Sec- thorization Act of 2010, the Secretary shall— retary for Science may hire personnel using the ‘‘(1) designate at least one full time employee SEC. 8305. COST-SHARE WAIVER EXTENSION. authorities in section 8306 of this Act. to serve as a Department-wide point of contact (a) Section 988 of the Energy Policy Act of (c) DUTIES.—In carrying out the program in on prize competitions; 2005 is amended in subsection (b)(4)(B) by strik- subsection (a), employees under this section ‘‘(2) issue Department-wide guidance on the ing ‘‘this paragraph’’ and inserting ‘‘the Ener- shall work with relevant staff from Department design, development, and implementation of gizing Technology Transfer Act’’; and program offices to— prize competitions; (b) Section 108 of the Department of Energy (1) evaluate demonstration project proposals, ‘‘(3) collect and disseminate best practices on Research and Innovation Act is amended in sub- including the scope, technical specifications, the design and administration of prize competi- paragraph (b) by striking ‘‘this Act’’ everywhere maturity of design, funding profile, estimated tions; it appears and replacing with ‘‘title VIII of the costs, proposed schedule, proposed technical ‘‘(4) streamline contracting mechanisms for Clean Economy Jobs and Innovation Act’’. and financial milestones, and potential for com- the implementation of prize competitions; and SEC. 8306. SPECIAL HIRING AUTHORITY FOR SCI- mercial success based on economic and policy ‘‘(5) provide training and prize competition ENTIFIC, ENGINEERING, AND projections; design support, as necessary, to Department PROJECT MANAGEMENT PER- SONNEL. (2) develop independent cost estimates of dem- staff to develop prize competitions and chal- (a) IN GENERAL.—The Under Secretary for onstration project proposals, when appropriate; lenges. (3) recommend to the director of a program of- Science shall have the authority to— ‘‘(f) REPORT.—In accordance with section fice whether to fund a demonstration project (1) make appointments of scientific, engineer- 8307(a) of the Clean Economy Jobs and Innova- proposal; ing, and professional personnel, without regard (4) oversee the execution of the demonstration tion Act, the Secretary shall report annually on to civil service laws, to assist the Department in projects that receive funding from the Depart- a description of any prize competitions carried meeting specific project or research needs; ment under this section and conduct reviews of out using this authority, the total amount of (2) fix the basic pay of any employee ap- ongoing projects, which may include reconciling prizes awarded along with any private sector pointed under this section at a rate to be deter- estimated costs as compared to actual costs and contributions, the methods used for solicitation mined by the Under Secretary at rates not in ex- evaluating progress of the project based on the and evaluation, and a description of how each cess of the Executive Schedule (EX–II) without proposed schedule and technical and financial prize competition advanced the mission of the regard to the civil service laws; and milestones, and provide such reviews to the Sec- Department.’’. (3) pay any employee appointed under this retary; and SEC. 8304. MILESTONE-BASED DEMONSTRATION section payments in addition to basic pay, ex- (5) assess lessons learned and implement im- PROJECTS. cept that the total amount of additional pay- provements to evaluate and oversee demonstra- (a) IN GENERAL.—Acting under section 646(g) ments paid to an employee under this subsection tion projects carried out under this section. of the Department of Energy Organization Act for any 12-month period shall not exceed the (d) PROJECT TERMINATION.—Should an ongo- (42 U.S.C. 7256(g)), notwithstanding paragraph lesser of the following amounts: ing demonstration project receive an unfavor- (10) of such section, the Secretary may carry out (A) $25,000. able review under subsection (c)(4), the director demonstration projects as a milestone-based (B) The amount equal to 25 percent of the an- of a Department program office or their designee demonstration project that requires particular nual rate of basic pay of that employee. may cease funding the demonstration project technical and financial milestones to be met be- (C) The amount of the limitation that is appli- and reallocate the remaining funds to new or fore a participant is awarded grants by the De- cable for a calendar year under section existing demonstration projects carried out by partment through a competitive award process. 5307(a)(1) of title 5, United States Code. that program office. (b) REQUIREMENTS.—In carrying out mile- (b) TERM.— (e) COORDINATION.—In establishing and car- stone-based demonstration projects under the (1) IN GENERAL.—The term of any employee rying out the program, the Secretary shall co- authority in subsection (a), the Secretary shall, appointed under this section shall not exceed 3 ordinate with project management and acquisi- for each relevant project,— years unless otherwise authorized in law. tion management entities within the Depart- (1) request proposals from eligible entities, as (2) TERMINATION.—The Under Secretary for ment, including the Office of Project Manage- determined by the Secretary, including— Science shall have the authority to terminate ment, and relevant professional organizations in (A) a business plan, that may include a plan any employee appointed under this section at project management, construction, cost esti- for scalable manufacturing and a plan for ad- any time based on performance or changing mation, and other relevant fields. dressing supply chain gaps; project or research needs of the Department.

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SEC. 8307. TECHNOLOGY TRANSFER REPORTS (5) NATIONAL LABORATORY.—The term ‘‘Na- (E) deployment of existing research results; AND EVALUATION. tional Laboratory’’ has the meaning given the and (a) ANNUAL REPORT.—As part of the updated term in section 2 of the Energy Policy Act of (F) the leveraging of existing high-perform- technology transfer execution plan required 2005 (42 U.S.C. 15801). ance computing infrastructure. each year under section 1001(h)(2) of the Energy (6) NORTH AMERICAN INDUSTRY CLASSIFICATION (c) BIENNIAL REVISIONS.—Not later than 2 Policy Act of 2005 (42 U.S.C. 16391(g)(2)), the SYSTEM.—The term ‘‘North American Industry years after the date on which the Secretary Secretary shall submit to the Committee on Classification System’’ means the standard used completes the plan under subsection (a), and Science, Space, and Technology Committee of by Federal statistical agencies in classifying not less frequently than once every 2 years the House of Representatives and the Committee business establishments for the purpose of col- thereafter, the Secretary shall revise the plan to on Energy and Natural Resources of the Senate lecting, analyzing, and publishing statistical account for advancements in information and a report on the progress and implementation of data relating to the business economy of the communication technology and manufacturing programs established under sections 8103, 8203, United States. needs. 8204, 8205, 8207, 8301, 8302, 8303, and 8304 of this (7) SECRETARY.—The term ‘‘Secretary’’ means (d) REPORT.—Annually until the completion Act and section 1001(e) of the Energy Policy Act the Secretary of Energy. of the plan under subsection (a), the Secretary of 2005 (42 U.S.C. 16391(e)). (8) SMALL AND MEDIUM MANUFACTURERS.—The shall submit to Congress a report on the progress (b) EVALUATION.—Not later than 3 years after term ‘‘small and medium manufacturers’’ means made in developing the plan. the enactment of this Act and every 3 years manufacturing firms— SEC. 9103. LEVERAGING EXISTING AGENCY PRO- thereafter the Secretary shall submit to the (A) classified in the North American Industry GRAMS TO ASSIST SMALL AND ME- Committee on Science, Space, and Technology Classification System as any of sectors 31 DIUM MANUFACTURERS. Committee of the House of Representatives and through 33; (a) FINDINGS.—Congress finds that— the Committee on Energy and Natural Resources (B) with gross annual sales of less than (1) the Department of Energy has existing of the Senate an evaluation on the extent to $100,000,000; technical assistance programs that facilitate which programs established under sections 8102, (C) with fewer than 500 employees at the plant greater economic growth through outreach to 8103, 8104, and 8202 of this Act and section site; and and engagement with small and medium manu- 1001(e) of the Energy Policy Act of 2005 (42 (D) with annual energy bills totaling more facturers; U.S.C. 16391(e)) are achieving success based on than $100,000 and less than $2,500,000. (2) those technical assistance programs rep- (9) SMART MANUFACTURING.—The term ‘‘smart relevant short-term and long-term metrics. resent an important conduit for increasing the manufacturing’’ means advanced technologies (c) REPORT ON TECHNOLOGY TRANSFER awareness of and providing education to small in information, automation, monitoring, com- GAPS.—Not later than 3 years after the enact- and medium manufacturers regarding the op- putation, sensing, modeling, and networking ment of this Act, the Secretary shall enter into portunities for implementing smart manufac- an agreement with the National Academies of that— (A) digitally— turing; and Science, Engineering and Medicine to submit to (3) those technical assistance programs help the Committee on Science, Space, and Tech- (i) simulate manufacturing production lines; (ii) operate computer-controlled manufac- facilitate the implementation of best practices. nology Committee of the House of Representa- (b) EXPANSION OF TECHNICAL ASSISTANCE PRO- tives and the Committee on Energy and Natural turing equipment; (iii) monitor and communicate production line GRAMS.—The Secretary shall expand the scope Resources of the Senate a report on pro- status; and of technologies covered by the Industrial Assess- grammatic gaps that exist to advance the com- (iv) manage and optimize energy productivity ment Centers of the Department of Energy— mercial application of technologies developed at and cost throughout production; (1) to include smart manufacturing tech- the National Laboratories. (B) model, simulate, and optimize the energy nologies and practices; and SEC. 8308. OTHER TRANSACTION AUTHORITY EX- efficiency of a factory building; (2) to equip the directors of the Industrial As- TENSION. (C) monitor and optimize building energy per- sessment Centers with the training and tools Subsection 646(g)(10) of the Department of En- formance; necessary to provide technical assistance in ergy Organization Act (42 U.S.C. 7256(g)(10)) is (D) model, simulate, and optimize the design smart manufacturing technologies and prac- amended by striking ‘‘September 30, 2020’’ and of energy efficient and sustainable products, in- tices, including energy management systems, to inserting ‘‘September 30, 2025’’. cluding the use of digital prototyping and addi- manufacturers. TITLE IX—INDUSTRIAL INNOVATION AND tive manufacturing to enhance product design; SEC. 9104. LEVERAGING SMART MANUFACTURING COMPETITIVENESS (E) connect manufactured products in net- INFRASTRUCTURE AT NATIONAL Subtitle A—Smart Manufacturing works to monitor and optimize the performance LABORATORIES. of the networks, including automated network (a) STUDY.— SEC. 9101. DEFINITIONS. operations; and (1) IN GENERAL.—Not later than 180 days after In this subtitle: (F) digitally connect the supply chain net- the date of enactment of this Act, the Secretary (1) ENERGY MANAGEMENT SYSTEM.—The term work. shall conduct a study on how the Department of ‘‘energy management system’’ means a business SEC. 9102. DEVELOPMENT OF NATIONAL SMART Energy can increase access to existing high-per- management process based on standards of the MANUFACTURING PLAN. formance computing resources in the National American National Standards Institute that en- (a) IN GENERAL.—Not later than 3 years after Laboratories, particularly for small and medium ables an organization to follow a systematic ap- the date of enactment of this Act, the Secretary, manufacturers. proach in achieving continual improvement of in consultation with the National Academies, (2) INCLUSIONS.—In identifying ways to in- energy performance, including energy effi- shall develop and complete a national plan for crease access to National Laboratories under ciency, security, use, and consumption. smart manufacturing technology development paragraph (1), the Secretary shall— NDUSTRIAL ASSESSMENT CENTER.—The (2) I and deployment to improve the productivity and term ‘‘industrial assessment center’’ means a (A) focus on increasing access to the com- energy efficiency of the manufacturing sector of center located at an institution of higher edu- puting facilities of the National Laboratories; the United States. cation that— and (b) CONTENT.— (B) ensure that— (A) receives funding from the Department of (1) IN GENERAL.—The plan developed under Energy; (i) the information from the manufacturer is subsection (a) shall identify areas in which protected; and (B) provides an in-depth assessment of small- agency actions by the Secretary and other heads and medium-sized manufacturer plant sites to (ii) the security of the National Laboratory of relevant Federal agencies would— facility is maintained. evaluate the facilities, services, and manufac- (A) facilitate quicker development, deploy- turing operations of the plant site; and (3) REPORT.—Not later than 1 year after the ment, and adoption of smart manufacturing date of enactment of this Act, the Secretary (C) identifies opportunities for potential sav- technologies and processes; ings for small- and medium-sized manufacturer shall submit to Congress a report describing the (B) result in greater energy efficiency and results of the study. plant sites from energy efficiency improvements, lower environmental impacts for all American waste minimization, pollution prevention, and (b) ACTIONS FOR INCREASED ACCESS.—The Sec- manufacturers; and retary shall facilitate access to the National productivity improvement. (C) enhance competitiveness and strengthen (3) INFORMATION AND COMMUNICATION TECH- Laboratories studied under subsection (a) for the manufacturing sectors of the United States. small and medium manufacturers so that small NOLOGY.—The term ‘‘information and commu- (2) INCLUSIONS.—Agency actions identified and medium manufacturers can fully use the nication technology’’ means any electronic sys- under paragraph (1) shall include— tem or equipment (including the content con- (A) an assessment of previous and current ac- high-performance computing resources of the tained in the system or equipment) used to cre- tions of the Department of Energy relating to National Laboratories to enhance the manufac- ate, convert, communicate, or duplicate data or smart manufacturing; turing competitiveness of the United States. information, including computer hardware, (B) the establishment of voluntary inter- SEC. 9105. STATE LEADERSHIP GRANTS. firmware, software, communication protocols, connection protocols and performance stand- (a) FINDING.—Congress finds that the States— networks, and data interfaces. ards; (1) are committed to promoting domestic man- (4) INSTITUTION OF HIGHER EDUCATION.—The (C) use of smart manufacturing to improve en- ufacturing and supporting robust economic de- term ‘‘institution of higher education’’ has the ergy efficiency and reduce emissions in supply velopment activities; and meaning given the term in section 101(a) of the chains across multiple companies; (2) are uniquely positioned to assist manufac- Higher Education Act of 1965 (20 U.S.C. (D) actions to increase cybersecurity in smart turers, particularly small and medium manufac- 1001(a)). manufacturing infrastructure; turers, with deployment of smart manufacturing

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through the provision of infrastructure, includ- (2) to provide guidance to States on ways to (9) PERSON.—The term ‘‘person’’ has the ing— better execute the program of the State. meaning given to such term in section 302 of the (A) access to shared supercomputing facilities; (g) FUNDING.—There is authorized to be ap- Clean Air Act (42 U.S.C. 7602). (B) assistance in developing process simula- propriated to the Secretary to carry out this sec- (10) PRODUCE, PRODUCED, AND PRODUCTION.— tions; and tion $10,000,000 for each of fiscal years 2021 The terms ‘‘produce’’, ‘‘produced’’, and ‘‘pro- (C) conducting demonstrations of the benefits through 2025. duction’’ refer to the manufacture in the United of smart manufacturing. SEC. 9106. REPORT. States of a regulated substance from any raw (b) GRANTS AUTHORIZED.—The Secretary may The Secretary annually shall submit to Con- material or feedstock chemical, but such terms make grants on a competitive basis to States for gress and make publicly available a report on do not include— establishing State programs to be used as models the progress made in advancing smart manufac- for supporting the implementation of smart (A) the manufacture of a regulated substance turing in the United States. manufacturing technologies. that is used and entirely consumed (except for (c) APPLICATION.— Subtitle B—American Innovation and trace quantities) in the manufacture of other (1) IN GENERAL.—To be eligible to receive a Manufacturing Leadership chemicals; grant under this section, a State shall submit to SEC. 9201. DEFINITIONS. (B) the reuse or recycling of a regulated sub- the Secretary an application at such time, in In this subtitle: stance; or such manner, and containing such information (1) ADMINISTRATOR.—The term ‘‘Adminis- (C) amounts that are destroyed. as the Secretary may require. trator’’ means the Administrator of the Environ- (11) PRODUCTION BASELINE.—The term ‘‘pro- (2) CRITERIA.—The Secretary shall evaluate mental Protection Agency. duction baseline’’ means the baseline estab- an application for a grant under this section on (2) ALLOWANCE.—The term ‘‘allowance’’ lished for production of regulated substances the basis of merit using criteria identified by the means a limited authorization for the produc- under section 9204(a)(1). Secretary, including— tion or the consumption, as applicable, of a reg- (A) the breadth of academic and private sector ulated substance in accordance with this sub- (12) RECLAIM, RECLAIMED, AND RECLAIMING.— partners; title. The terms ‘‘reclaim’’, ‘‘reclaimed’’, and ‘‘re- (B) alternate sources of funding; (3) CONSUMPTION.—The term ‘‘consumption’’ claiming’’ mean the reprocessing of a recovered (C) plans for dissemination of results; and means, with respect to any regulated substance, regulated substance to, at a minimum, the pu- (D) the permanence of the infrastructure to be the amount of that regulated substance pro- rity specified by and verified in accordance with put in place by the project. duced in the United States, plus the amount im- the Air-Conditioning, Heating, and Refrigera- (d) REQUIREMENTS.— ported, minus the amount exported. tion Institute (AHRI) Standard 700–2016 (or an (1) TERM.—The term of a grant under this sec- (4) CONSUMPTION BASELINE.—The term ‘‘con- appropriate successor standard adopted by the tion shall not exceed 3 years. sumption baseline’’ means the baseline estab- Administrator). (2) MAXIMUM AMOUNT.—The amount of a (13) RECOVER AND RECOVERED.—The terms grant under this section shall be not more than lished for consumption of regulated substances ‘‘recover’’ and ‘‘recovered’’ mean the removal of $3,000,000. under section 9204(a)(2). ESTROY a regulated substance in any condition from (3) MATCHING REQUIREMENT.—Each State that (5) D .—The term ‘‘destroy’’ means de- equipment and the storage of such regulated receives a grant under this section shall construction by process or technology as approved substance in an external container without nec- tribute matching funds in an amount equal to by regulation by the Administrator. essarily testing or processing such regulated not less than 30 percent of the amount of the (6) EXCHANGE VALUE.—The term ‘‘exchange substance in any way. grant. value’’ means, for each regulated substance and (e) USE OF FUNDS.—A State shall use a grant each substance referenced in paragraph (1)(B), (14) REGULATED SUBSTANCE.—The term ‘‘regu- provided under this section— (1)(C), (2)(B), or (2)(C) of section 9204(a), the lated substance’’ means a substance on the list (1) to provide access to shared supercomputing value by which the mass of such substance shall published pursuant to section 9202. facilities to small and medium manufacturers; be multiplied for purposes of calculations under (15) UNITED STATES.—The term ‘‘United (2) to fund research and development of trans- section 9204. States’’ means any place subject to the jurisdic- formational manufacturing processes and mate- (7) EXPORT.—The term ‘‘export’’ means the tion of the United States. rials technology that advance smart manufac- transport of a regulated substance from any SEC. 9202. LISTING OF REGULATED SUBSTANCES. turing; and place subject to the jurisdiction of the United (3) to provide tools and training to small and States to any place not subject to the jurisdic- (a) LIST OF REGULATED SUBSTANCES.—The medium manufacturers on how to adopt energy tion of the United States. Administrator shall maintain a list of regulated management systems and implement smart man- (8) IMPORT.—The term ‘‘import’’ means to substances, listed by chemical name and com- ufacturing technologies in the facilities of the land on, bring into, or introduce into, or at- mon name. The Administrator shall publish small and medium manufacturers. tempt to land on, bring into, or introduce into, such list and each update thereto in the Federal (f) EVALUATION.—The Secretary shall conduct any place subject to the jurisdiction of the Register. Not later than 180 days after the date biannual evaluations of each grant made under United States, whether or not such landing, of enactment of this Act, the Administrator shall this section— bringing, or introduction constitutes an impor- establish the initial such list. The initial list (1) to determine the impact and effectiveness tation within the meaning of the customs laws under this subsection shall contain the fol- of programs funded with the grant; and of the United States. lowing:

Table 1

Chemical Name Common Name Exchange Value

CHF2 CHF2 HFC-134 1100

CH2FCF3 HFC-134a 1430

CH2FCHF2 HFC143 353

CHF2CH2CF3 HFC-245fa 1030

CF3CH2CF2CH3 HFC-365mfc 794

CF3CHFCF3 HFC-227ea 3220

CH2FCF2CF3 HFC-236cb 1340

CHF2CHFCF3 HFC-236ea 1370

CF3CH2CF3 HFC-236fa 9810

CH2FCF2CHF2 HFC-245ca 693

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Chemical Name Common Name Exchange Value

CF3CHFCHFCF2CF3 HFC-43–10mee 1640

CH2F2 HFC-32 675

CHF2CF3 HFC-125 3500

CH3CF3 HFC-143a 4470

CH3F HFC-41 92

CH2FCH2F HFC-152 53

CH3CHF2 HFC-152a 124

CHF3 HFC-23 14800

(b) REQUIREMENTS.—The list required under (1) submit a report under such subsection for SEC. 9204. PHASEDOWN OF REGULATED SUB- subsection (a) shall include the exchange value the reporting period in which such cessation oc- STANCES. of each regulated substance, as set forth in table curs; (a) BASELINES.— 1 of this section or, for additional regulated sub- (2) notify the Administrator of such cessation (1) PRODUCTION BASELINE.—The baseline for stances listed pursuant to subsection (c), as de- prior to the end of such reporting period; and the phasedown of the production of regulated termined by the Administrator pursuant to the (3) not be subject to such subsection with re- substances shall be the sum of— requirements of that subsection. spect to such regulated substance for subsequent (A) the sum of the products of— (c) ADDITIONAL REGULATED SUBSTANCES.—The reporting periods. (i) the average annual production in the Administrator may, by regulation, add a sub- (c) BASELINE REPORTS.— United States of each regulated substance dur- stance to the list published under subsection (a) (1) INITIAL REPORT.—Each person reporting ing the 3-year period of calendar years 2011, if such substance— pursuant to subsection (a)(1) shall include in 2012, and 2013; multiplied by (1) is a saturated hydrofluorocarbon; and the first required such report, in addition to the (2) has an exchange value, as determined by (ii) the respective exchange value of each reg- information required by subsection (a)(1) to be the Administrator on the basis of widely used or ulated substance; reported for the applicable reporting period, the commonly accepted credible current scientific (B) an amount equal to 15 percent of the sum amount of each regulated substance, in each of information relating to infrared absorption and of the products of— calendar years 2011 through 2013, produced, im- kinetic rate constants, of not less than 53. (i) the average production in the United ported, exported, reclaimed, destroyed, used and (d) SAVINGS PROVISION.—Nothing in this sec- States of each hydrochlorofluorocarbon in 1989; entirely consumed (except for trace quantities) tion authorizes the Administrator to add to the multiplied by list under subsection (a), for purposes of phas- in the manufacture of other chemicals, or used as a process agent. (ii) the respective exchange value of each such ing down production or consumption under sec- hydrochlorofluorocarbon; and tion 9204, a blend of substances. The preceding (2) ADDITIONAL SUBSTANCES.—In the case of a (C) an amount equal to 0.42 percent of the sentence does not affect the authority of the Ad- substance added to the list of regulated sub- sum of the products of— ministrator to regulate a regulated substance stances pursuant to section 9202(c), each person within a blend of substances. who produced, imported, exported, reclaimed, (i) the average production in the United States of each chlorofluorocarbon in 1989; multi- SEC. 9203. MONITORING AND REPORTING RE- destroyed, used and entirely consumed (except QUIREMENTS. for trace quantities) in the manufacture of other plied by (a) REPORTS.— chemicals, or used as a process agent, such reg- (ii) the respective exchange value of each such (1) IN GENERAL.—On a periodic basis to be de- ulated substance, shall submit to the Adminis- chlorofluorocarbon. termined by the Administrator, but which shall trator, not later than 180 days after the date on (2) CONSUMPTION BASELINE.—The baseline for be not less than annually, each person who pro- which such substance is added to the list, a re- the phasedown of the consumption of regulated duced, imported, exported, reclaimed, destroyed, port setting forth the amount of the substance substances shall be the sum of— used and entirely consumed (except for trace that such person produced, imported, exported, (A) an amount equal to the sum of the prod- quantities) in the manufacture of other chemi- reclaimed, destroyed, used and entirely con- ucts of— cals, or used as a process agent a regulated sub- sumed (except for trace quantities) in the manu- (i) the average annual consumption in the stance shall submit a report to the Adminis- facture of other chemicals, or used as a process United States of each regulated substance dur- trator setting forth the amount of each such agent in— ing the 3-year period of calendar years 2011, substance that such person during the preceding (A) each of calendar years 2011 through 2013; 2012, and 2013; multiplied by reporting period— and (ii) the respective exchange value of each such (A) produced; (B) the calendar year in which this Act is en- (B) imported; regulated substance; acted and each subsequent calendar year, if re- (B) an amount equal to 15 percent of the sum (C) exported; quired by the Administrator in a regulation add- (D) reclaimed; of the products of— ing a substance to the list of regulated sub- (E) destroyed; (i) the average consumption in the United stances. (F) used and entirely consumed (except for States of each hydrochlorofluorocarbon in 1989; (d) COORDINATION.—To the extent consistent trace quantities) in the manufacture of other multiplied by chemicals; or with subsections (a) through (c), the Adminis- trator may, by regulation, allow any person (ii) the respective exchange value of each such (G) used as a process agent. hydrochlorofluorocarbon; and (2) ATTESTATION.—Each report submitted subject to the requirements of subsection (a)(1) under paragraph (1) shall be signed and at- to combine and include the information required (C) an amount equal to 0.42 percent of the tested by a responsible officer (as such term is to be reported under that subsection with any sum of the products of— used in section 603(b) of the Clean Air Act (42 other related information that the person is re- (i) the average consumption in the United U.S.C. 7671b(b)). quired to report to the Administrator. States of each chlorofluorocarbon in 1989; multi- (b) CESSATION OF REPORTING REQUIREMENT.— (e) REGULATIONS.—The Administrator shall plied by If a person subject to subsection (a)(1) perma- promulgate regulations to implement this sec- (ii) the respective exchange value of each such nently ceases production, importation, expor- tion. Not later than 270 days after the date of chlorofluorocarbon. tation, reclaiming, destruction, use and entire enactment of this Act, the Administrator shall (3) EXCHANGE VALUES.—For purposes of para- consumption (except for trace quantities), or promulgate such initial final regulations as may graphs (1) and (2), the following exchange val- process agent use, of a regulated substance, be necessary pursuant to the preceding sen- ues for hydrochlorofluorocarbons and such person shall— tence. chlorofluorocarbons respectively shall apply:

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Chemical Name Common Name Exchange Value

CHFCl2 HCFC-21 151

CHF2Cl HCFC-22 1810

C2HF3Cl2 HCFC-123 77

C2HF4Cl HCFC-124 609

CH3CFCl2 HCFC-141b 725

CH3CF2Cl HCFC-142b 2310

CF3CF2CHCl2 HCFC-225ca 122

CF2ClCF2CHClF HCFC-225cb 595

Table 3

Chemical Name Common Name Exchange Value

CFCl3 CFC-11 4750

CF2Cl2 CFC-12 10900

C2F3Cl3 CFC-113 6130

C2F4Cl2 CFC-114 10000

C2F5Cl CFC-115 7370

(b) ALLOWANCES.— promulgate such final regulations as may be (A) The Administrator shall establish a quan- (1) FRAMEWORK REGULATIONS.—The Adminis- necessary to establish the program required by tity of production allowances and a quantity of trator shall, by regulation, establish an allow- the preceding sentence. consumption allowances. The quantities estab- ance allocation and trading program to phase lished pursuant to this paragraph shall not ex- (2) ALLOCATIONS.—Not later than October 1 of down the production and the consumption of ceed the applicable percentages of the produc- each calendar year following the promulgation regulated substances in accordance with this tion baseline and of the consumption baseline section. Not later than 270 days after the date of of final regulations pursuant to the second sen- for the calendar year involved as specified in enactment of this Act, the Administrator shall tence of paragraph (1): the following table 4:

Table 4

Percentage of Production Percentage of Consump- Calendar year Baseline tion Baseline

through 2023 90% 90%

2024 through 2028 60% 60%

2029 through 2033 30% 30%

2034 through 2035 20% 20%

2036 and subsequent years 15% 15%

(B) The Administrator shall, by regulation, al- second sentence of paragraph (1), it shall be un- (4) NATURE OF ALLOWANCES.—An allowance locate such production allowances and con- lawful for a person to do any of the following: does not constitute a property right. Nothing in sumption allowances up to the quantities of (A) Production of a regulated substance with- this subtitle or in any other provision of law such allowances established pursuant to this out holding a production allowance that au- shall be construed to limit the authority of the paragraph for the succeeding calendar year. thorizes such production. United States to terminate or limit the author- The Administrator may, at the Administrator’s (B) Consumption of a regulated substance ization for the production or consumption of a discretion, so allocate allowances through a sin- without holding a consumption allowance that regulated substance, as applicable, granted by gle rulemaking for multiple succeeding calendar authorizes such consumption. the allowance. (C) Holding, using, or transferring any pro- years. duction allowance or consumption allowance al- (5) COMPLIANCE.—For each year listed in table (3) PROHIBITION.—Effective January 1 of the located under this section, except in accordance 4, the Administrator shall ensure that the an- calendar year immediately following the with regulations promulgated by the Adminis- nual quantity of production or consumption in issuance of a final regulation pursuant to the trator pursuant to paragraphs (1) and (2). the United States of all regulated substances

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does not exceed the product obtained by multi- (1) PETITION; AUTHORIZATION.—The Adminis- (b) REGULATIONS.— plying the production baseline or consumption trator may, by regulation, allocate to a person (1) IN GENERAL.—Not later than 24 months baseline, as applicable, and the applicable per- additional production allowances or consump- after the date of enactment of this Act, the Ad- centage listed in table 4. tion allowances to authorize the production or ministrator shall, for purposes of maximizing re- (c) TRANSFERS.—The regulations required by consumption, respectively, beginning with cal- claiming, minimizing the release of a regulated subsection (b)(1) shall— endar year 2034, for a period of up to 5 years, substance from equipment, and ensuring the (1) utilize the exchange values for each regu- of a regulated substance in an amount up to 10 safety of technicians and consumers, promul- lated substance established by or pursuant to percent of the quantity of production or con- gate regulations to control, where appropriate, section 9202; sumption of such regulated substance contrib- any practice, process, or activity regarding the (2) ensure that transfers of production allow- uted by such person to the production baseline servicing, repair, disposal, or installation of ances and consumption allowances will result in or the consumption baseline, as applicable, if equipment that involves a regulated substance greater total reductions in the annual produc- the Administrator finds, based on a petition by or a substitute for a regulated substance, in- tion or consumption, as applicable, of regulated such person, that— cluding the reclaiming of a regulated substance substances than would occur in that year in the (A) such excess production or consumption is or a substitute for a regulated substance. absence of such transfers; and exclusively for an application with respect to (2) MINIMUM STANDARDS.—The regulations (3) authorize the transfer of production allow- which no substitute is available during such pe- promulgated under paragraph (1) may include, ances or consumption allowances among two or riod, considering technological achievability, where appropriate, that any such servicing, re- more persons only if the transferor and trans- commercial demands, safety, and other relevant pair, disposal, or installation be performed by a feree are subject to an enforceable and quantifi- factors; and trained technician meeting minimum standards, able reduction in, respectively, annual produc- (B) the available supply of such regulated as determined by the Administrator. tion or consumption. substance, including any quantities of such reg- (c) RECLAIM.— (d) SCHEDULE.— ulated substance available from reclaiming, (1) CONSIDERATION.—The Administrator shall (1) IN GENERAL.— prior production, or prior import, and allow- consider the use of any authority available to (A) REGULATIONS.—Subject to paragraph (3), ances for such regulated substance, are insuffi- the Administrator under this subtitle to increase the Administrator may, in response to a petition cient to accommodate such application. opportunities for the reclaiming of regulated submitted to the Administrator in accordance (2) EXTENSION.—The Administrator may, by substances. with paragraph (2), promulgate regulations regulation, allocate additional production al- (2) REQUIREMENT.—Any regulated substance which establish a schedule for phasing down the lowances or consumption allowances, for addi- that is recovered shall be reclaimed before such production and the consumption of regulated tional periods of up to 5 years, in an amount up regulated substance is sold or transferred to a substances that is more stringent than set forth to 10 percent of the quantity of production or new owner, except where such recovered regu- in table 4 in subsection (b), if, based on the consumption of the regulated substance contrib- lated substance is sold or transferred to a new availability of substitutes for regulated sub- uted by the person involved to the production owner solely for the purposes of being reclaimed stances, the Administrator determines that such baseline or the consumption baseline, as appli- or destroyed. more stringent schedule is practicable, taking cable, if the Administrator finds, based on a pe- (d) COORDINATION.—In promulgating regula- into account technological achievability, com- tition by such person, that the criteria described tions to implement this section, the Adminis- in subparagraphs (A) and (B) of paragraph (1) mercial demands, safety, and other relevant fac- trator may coordinate such regulations with continue to be satisfied. tors, including the quantities of regulated sub- any other regulations promulgated by the Ad- (3) EXCEPTION.—The Administrator may allo- stances available from reclaiming or from prior ministrator that involve— cate production allowances or consumption al- (1) the same or similar practice, process, or ac- production or prior import. lowances pursuant to this subsection in (B) UNIFORM APPLICATION.—In any regula- tivity regarding the servicing, repair, disposal, amounts that cause the total quantity of pro- tions under subparagraph (A), the Adminis- or installation of equipment; or duction allowances or consumption allowances trator shall apply any more stringent (2) reclaiming. in a year to exceed the maximum quantity per- (e) INAPPLICABILITY.—Subsections (a) through phasedown schedule uniformly to the allocation missible under subsection (b) for that year. of production allowances and consumption al- (d) do not apply with respect to a regulated sub- (f) EXPORTS.— stance or a substitute for a regulated substance lowances as provided under subsection (b). (1) EXPORTS OF EXCESS AMOUNTS.— (2) PETITION.— (A) IN GENERAL.—Subject to subparagraphs that is contained in a foam. (A) SUBMISSION.—Any person may petition the (B) and (C) and paragraph (2), the Adminis- SEC. 9206. TECHNOLOGY TRANSITIONS. Administrator to promulgate regulations under trator may, by regulation, issue additional pro- (a) AUTHORITY.—The Administrator may, by this subsection. duction allowances for renewable periods of up regulation and in accordance with this section, (B) DISPOSITION.—The Administrator shall to 5 years to a person to produce a regulated prohibit or restrict, including through a grad- grant or deny any petition under subparagraph substance at a facility located in the United uated schedule, the use of a regulated substance (A) within 270 days after receipt of any such pe- States in excess of the amount authorized by the in a sector or subsector in which such regulated tition. production allowances otherwise held by that substance is used. (C) DENIAL.—If the Administrator denies any person solely for export to, and use in, a foreign (b) NEGOTIATED RULEMAKING.—The Adminis- such petition, the Administrator shall publish in country. trator shall consider negotiating and developing the Federal Register an explanation of why the (B) PETITION REQUIRED.—Prior to issuing any a proposed regulation under this section in ac- petition was denied. additional production allowances to a person cordance with the negotiated rulemaking proce- (D) GRANTING.—If the Administrator grants pursuant to subparagraph (A), the Adminis- dure under subchapter III of chapter 5 of title 5, any such petition, the Administrator shall— trator shall require the person to submit a peti- United States Code (commonly referred to as the (i) propose regulations implementing a more tion in such manner and containing such infor- ‘‘Negotiated Rulemaking Act of 1990’’). If the stringent phasedown schedule not later than 270 mation as the Administration may by regulation Administrator decides to proceed with a nego- days after granting the petition; and require. tiated rulemaking, the Administrator shall, to (ii) promulgate final regulations implementing (C) LIMITATION.—The Administrator shall not the extent the Administrator deems practicable, a more stringent phasedown schedule not later issue any production allowances pursuant to give priority to completing that rulemaking over than 365 days after proposing such regulations. subparagraph (A) in amounts that would cause completing concurrent non-negotiated (E) PUBLIC AVAILABILITY.—The Administrator the total quantity of production allowances in a rulemakings pursuant to this section. If the Ad- shall— year to exceed the maximum quantity of produc- ministrator decides not to proceed with a nego- (i) submit for publication in the Federal Reg- tion allowances permissible under subsection (b) tiated rulemaking, the Administrator shall in- ister a notice of the availability of each petition for that year. clude an explanation of such decision in any received pursuant to this paragraph not later (2) PROHIBITED EXPORT FOR CERTAIN COUN- proposed regulation published pursuant to this than 60 days after receipt of such petition; and TRIES.—Beginning on January 1, 2033, no person section. (ii) shall make each such petition available in subject to the requirements of this subtitle shall (c) PETITION.— full upon request. export a regulated substance to a foreign coun- (1) SUBMISSION.—Any person may petition the (F) REQUIRED SHOWING.—Any petition under try that is not identified by the Administrator as Administrator to promulgate regulations under subparagraph (A) shall include a showing by having enacted or otherwise established the this section to prohibit or restrict the use of a the petitioner that there are adequate data to same or similar requirements or otherwise unregulated substance in a sector or subsector. support the petition. dertaken commitments regarding the production (2) DISPOSITION.—The Administrator shall (G) INSUFFICIENT INFORMATION.—If the Ad- and the consumption of regulated substances as grant or deny a petition received pursuant to ministrator determines that data are not ade- are contained in this subtitle. paragraph (1) not later than 180 days after re- quate to grant or deny the petition, the Admin- SEC. 9205. MANAGEMENT OF REGULATED SUB- ceipt of such petition. istrator shall use any authority available to the STANCES. (3) DENIAL.—If the Administrator denies a pe- Administrator, under any applicable law, to ac- (a) SENSE OF CONGRESS.—It is the sense of tition received pursuant to paragraph (1), the quire such data. Congress that the Administrator should provide Administrator shall publish in the Federal Reg- (3) LIMITATION.—The Administrator may not for a safe hydrofluorocarbon transition by en- ister an explanation of the Administrator’s deci- promulgate a more stringent phasedown sched- suring that heating, ventilation, air condi- sion. ule under this subsection applicable to any cal- tioning, and refrigeration practitioners are posi- (4) GRANTING.—If the Administrator grants a endar year prior to calendar year 2024. tioned to comply with safe servicing, repair, dis- petition received pursuant to paragraph (1), the (e) ESSENTIAL USES.— posal, or installation procedures. Administrator shall—

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INDUSTRIAL EMISSIONS REDUCTION including production processes for iron, steel, ing the use of the regulated substance in the TECHNOLOGY DEVELOPMENT PRO- steel mill products, aluminum, cement, concrete, sector or subsector under subsection (a) not later GRAM. glass, pulp, paper, and industrial ceramics; than 270 days after granting such petition; and (a) IN GENERAL.—Subtitle D of title IV of the ‘‘(B) achieve emissions reduction in medium- (B) promulgate final regulations prohibiting Energy Independence and Security Act of 2007, and high-temperature heat generation, includ- or restricting the use of the regulated substance as amended by this Act, is further amended by ing— in the sector or subsector under subsection (a) adding at the end the following: ‘‘(i) through electrification of heating proc- not later than 365 days after proposing such ‘‘SEC. 455. INDUSTRIAL EMISSIONS REDUCTION esses; regulations. TECHNOLOGY DEVELOPMENT PRO- ‘‘(ii) through renewable heat generation tech- (5) PUBLIC AVAILABILITY.—The Administrator GRAM. nology; shall— ‘‘(a) DEFINITIONS.—In this section: ‘‘(iii) through combined heat and power; and (A) submit for publication in the Federal Reg- ‘‘(1) DIRECTOR.—The term ‘Director’ means ‘‘(iv) by switching to alternative fuels, includ- ister a notice of the availability of each petition the Director of the Office of Science and Tech- ing hydrogen; received pursuant to this subsection not later nology Policy. ‘‘(C) achieve emissions reduction in chemical than 60 days after receipt of such petition; and ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible enti- production processes; (B) shall make each such petition available in ty’ means— ‘‘(D) leverage smart manufacturing tech- full upon request. ‘‘(A) a scientist or other individual with nologies and principles, digital manufacturing (d) CRITERIA.—In promulgating regulations knowledge and expertise in emissions reduction; technologies, and advanced data analytics to under this section, the Administrator shall con- ‘‘(B) an institution of higher education; develop advanced technologies and practices in ‘‘(C) a nongovernmental organization; sider— information, automation, monitoring, computa- ‘‘(D) a National Laboratory; (1) promoting and supporting domestic eco- tion, sensing, modeling, and networking that— nomic development; ‘‘(E) a private entity; and ‘‘(F) a partnership or consortium of 2 or more ‘‘(i) simulate manufacturing production lines; (2) maximizing protections for human health ‘‘(ii) monitor and communicate production and the environment; entities described in subparagraphs (B) through (E). line status; (3) minimizing costs for the production, use, ‘‘(iii) manage and optimize energy produc- ‘‘(3) EMISSIONS REDUCTION.— and reclaiming of regulated substances; tivity and cost throughout production; and (4) maximizing flexibility for the recovery, re- ‘‘(A) IN GENERAL.—The term ‘emissions reduction’ means the reduction, to the maximum ex- ‘‘(iv) model, simulate, and optimize the energy claiming, and re-use of regulated substances; efficiency of manufacturing processes; (5) ensuring consumer safety; tent practicable, of net nonwater greenhouse ‘‘(E) leverage the principles of sustainable (6) the availability of substitutes for regulated gas emissions to the atmosphere by energy serv- manufacturing and sustainable chemistry to substances, taking into account technological ices and industrial processes. minimize the negative environmental impacts of achievability, commercial demands, safety, and ‘‘(B) EXCLUSION.—The term ‘emissions reduc- manufacturing while conserving energy and re- other relevant factors, including lead times for tion’ does not include the elimination of carbon sources, including— equipment conversion; and embodied in the principal products of industrial (7) minimizing any costs to consumers. manufacturing. ‘‘(i) by designing products that enable reuse, (e) EVALUATION.—For purposes of this sub- ‘‘(4) INSTITUTION OF HIGHER EDUCATION.—The refurbishment, remanufacturing, and recycling; title, the Administrator shall— term ‘institution of higher education’ has the ‘‘(ii) by minimizing waste from industrial (1) on an ongoing basis, evaluate the avail- meaning given the term in section 101 of the processes; and ability of substitutes for regulated substances in Higher Education Act of 1965 (20 U.S.C. 1001). ‘‘(iii) by reducing resource intensity; and a sector or subsector, taking into account tech- ‘‘(5) PROGRAM.—The term ‘program’ means ‘‘(F) increase the energy efficiency of indus- nological achievability, commercial demands, the program established under subsection (b)(1). trial processes; safety, and other relevant factors, including ‘‘(6) CRITICAL MATERIAL OR MINERAL.—The ‘‘(2) alternative materials that produce fewer lead times for equipment conversion; and term ‘critical material or mineral’ means a mate- emissions during production and result in fewer (2) maintain a public clearinghouse of such rial or mineral that serves an essential function emissions during use, including— substitutes by sector and subsector, as applica- in the manufacturing of a product and has a ‘‘(A) high-performance lightweight materials; ble. high risk of a supply disruption, such that a and (f) COORDINATION.—In promulgating regula- shortage of such a material or mineral would ‘‘(B) substitutions for critical materials and tions to prohibit or restrict the use of a regu- have significant consequences for United States minerals; lated substance in a sector or subsector under economic or national security. ‘‘(3) development of net-zero emissions liquid this section, the Administrator may coordinate ‘‘(b) INDUSTRIAL EMISSIONS REDUCTION TECH- and gaseous fuels; such regulations with any other regulations per- NOLOGY DEVELOPMENT PROGRAM.— ‘‘(4) emissions reduction in shipping, aviation, taining to currently or potentially available sub- ‘‘(1) IN GENERAL.—Not later than 1 year after and long distance transportation, including stitutes for regulated substances. the date of enactment of this section, the Sec- through the use of alternative fuels; ‘‘(5) carbon capture technologies for industrial SEC. 9207. RULEMAKING AUTHORITY. retary, in coordination with the Director and in processes; (a) RULEMAKINGS.—The Administrator may consultation with the heads of relevant Federal ‘‘(6) high-performance computing to develop promulgate such regulations as are necessary to agencies, National Laboratories, industry, and advanced materials and manufacturing proc- carry out the functions of the Administrator institutions of higher education, shall establish esses contributing to the focus areas described in under this subtitle. a crosscutting research, development, and dem- paragraphs (1) through (5), including— (b) DELEGATION.—The Administrator may del- onstration program to further the development ‘‘(A) modeling, simulation, and optimization egate to any officer or employee of the Environ- and commercial application of innovative indus- to design energy efficient and sustainable prod- mental Protection Agency such of the powers trial emissions reduction technologies that— ucts; and and duties of the Administrator under this sub- ‘‘(A) increase the technological and economic ‘‘(B) the use of digital prototyping and addi- title as the Administrator determines to be ap- competitiveness of industry and manufacturing tive manufacturing to enhance product design; propriate. in the United States; and ‘‘(7) other technologies that achieve net-zero (c) REQUIREMENTS.—In exercising any re- ‘‘(B) achieve emissions reduction in nonpower emissions in nonpower industrial sectors as de- quirement or authority in this subtitle to act by industrial sectors. termined by Secretary in coordination with the regulation or to promulgate regulations, the Ad- ‘‘(2) COORDINATION.—In carrying out the pro- Director; ministrator shall comply with the requirements gram, the Secretary shall, to the maximum ex- ‘‘(8) incorporation of sustainable and green of section 307(d) of the Clean Air Act (42 U.S.C. tent practicable— chemistry and engineering principles, practices, 7607(d)). ‘‘(A) coordinate with each relevant office in the Department and any other Federal agency; and methodologies, as the Secretary determines SEC. 9208. RELATIONSHIP TO OTHER LAWS. appropriate; and Sections 113, 114, 304, and 307 of the Clean Air ‘‘(B) coordinate and collaborate with the In- dustrial Technology Innovation Advisory Com- ‘‘(9) other research or technology areas identi- Act (42 U.S.C. 7413, 7414, 7604, 7607) shall apply fied in the Emissions Reduction Roadmap au- to this subtitle and any regulations promulgated mittee established under section 456; and ‘‘(C) coordinate with the energy-intensive in- thorized in section 456. by the Administrator pursuant to this subtitle as ‘‘(d) GRANTS, CONTRACTS, COOPERATIVE though this subtitle were included in title VI of dustries program established under section 452. ‘‘(3) LEVERAGE OF EXISTING RESOURCES.—In AGREEMENTS, AND DEMONSTRATION PROJECTS.— the Clean Air Act (42 U.S.C. 7671 et seq.). carrying out the program, the Secretary shall le- ‘‘(1) GRANTS.—In carrying out the program, Subtitle C—Clean Industrial Technology verage, to the maximum extent practicable— the Secretary shall award grants on a competi- SEC. 9301. PURPOSE. ‘‘(A) existing resources and programs of the tive basis to eligible entities for projects that the The purpose of this subtitle and the amend- Department and other relevant Federal agen- Secretary determines would best achieve the ments made by this subtitle is to encourage the cies; and goals of the program. development and evaluation of innovative tech- ‘‘(B) public-private partnerships. ‘‘(2) CONTRACTS AND COOPERATIVE AGREE- nologies aimed at increasing— ‘‘(c) FOCUS AREAS.—The program shall focus MENTS.—In carrying out the program, the Sec- (1) the technological and economic competi- on, to the maximum extent practicable— retary may enter into contracts and cooperative tiveness of industry and manufacturing in the ‘‘(1) industrial production processes, including agreements with eligible entities and Federal United States; and technologies and processes that— agencies for projects that the Secretary deter- (2) the emissions reduction of nonpower in- ‘‘(A) achieve emissions reduction in high-emis- mines would further the purposes of the pro- dustrial sectors. sions industrial materials production processes, gram.

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‘‘(3) DEMONSTRATION PROJECTS.—In sup- ‘‘(3) CHAIR.—The Secretary shall designate a ‘‘(H) the progress made in achieving the goals porting technologies developed under this sec- member of the Committee to serve as Chair. set out in that roadmap; tion, the Secretary shall fund demonstration ‘‘(d) DUTIES.— ‘‘(I) an assessment of the extent to which projects that test and validate technologies de- ‘‘(1) IN GENERAL.—The Committee shall— progress has been made under the program in scribed in subsection (c). ‘‘(A) in consultation with the Secretary and developing commercial, cost-competitive tech- ‘‘(4) COST SHARING.—In awarding funds under the Director, develop the missions and goals of nologies in each focus area described in section this section, the Secretary shall require cost the program, which shall be consistent with the 455(c); and sharing in accordance with section 988 of the purposes of the program described in section ‘‘(J) an assessment of the effectiveness of the Energy Policy Act of 2005 (42 U.S.C. 16352). 455(b)(1); program in coordinating efforts within the De- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) advise the Secretary and the Director partment and with other Federal agencies to There are authorized to be appropriated to the with respect to the program— achieve the purposes of the program. Secretary to carry out the demonstration ‘‘(i) by identifying and evaluating any tech- ‘‘(g) REPORT TO CONGRESS.—Not later than 60 projects authorized in subsection (d)(3)— nologies being developed by the private sector or days after receiving a report from the Committee ‘‘(1) $20,000,000 for fiscal year 2021; other Federal agencies relating to the focus under subsection (f), the Secretary shall submit ‘‘(2) $80,000,000 for fiscal year 2022; areas described in section 455(c); a copy of that report to the Committee on ‘‘(3) $100,000,000 for fiscal year 2023; ‘‘(ii) by identifying technology gaps in the pri- Science, Space, and Technology of the House of ‘‘(4) $150,000,000 for fiscal year 2024; and vate sector in those focus areas, and making Representatives and the Committee on Energy ‘‘(5) $150,000,000 for fiscal year 2025. recommendations to address those gaps; and Natural Resources of the Senate. ‘‘(f) COORDINATION.—The Secretary shall ‘‘(iii) by surveying and analyzing factors that ‘‘(h) APPLICABILITY OF FEDERAL ADVISORY carry out the activities authorized in this sec- prevent the adoption of emissions reduction COMMITTEE ACT.—Except as otherwise provided tion in accordance with section 203 of the De- technologies by the private sector; and in this section, the Federal Advisory Committee ‘‘(iv) by recommending technology screening partment of Energy Research and Innovation Act (5 U.S.C. App.) shall apply to the Com- criteria for technology developed under the pro- Act (42 U.S.C. 18631).’’. mittee.’’. (b) TECHNICAL AMENDMENT.—The table of gram to encourage adoption of the technology (b) TECHNICAL AMENDMENT.—The table of contents of the Energy Independence and Secu- by the private sector; and contents of the Energy Independence and Secu- rity Act of 2007 (Public Law 110–140; 121 Stat. ‘‘(C) develop the roadmap described in para- rity Act of 2007 (Public Law 110–140; 121 Stat. 1494) is amended by inserting after the item re- graph (2). 1494) is amended by inserting after the item relating to section 454 (as added by this Act) the ‘‘(2) EMISSIONS REDUCTION ROADMAP.— lating to section 455 (as added by this Act) the following: ‘‘(A) PURPOSE.—The purpose of the roadmap developed under paragraph (1)(C) is to set forth following: ‘‘Sec. 455. Industrial emissions reduction tech- a plan for achieving the goals of the program es- ‘‘Sec. 456. Industrial Technology Innovation nology development program.’’. tablished in section 455(b)(1), including for the Advisory Committee.’’. SEC. 9303. INDUSTRIAL TECHNOLOGY INNOVA- focus areas described in section 455(c). TION ADVISORY COMMITTEE. SEC. 9304. TECHNICAL ASSISTANCE PROGRAM TO ‘‘(B) CONTENTS.—The roadmap developed IMPLEMENT INDUSTRIAL EMISSIONS (a) IN GENERAL.—Subtitle D of title IV of the under paragraph (1)(C) shall— REDUCTION. Energy Independence and Security Act of 2007, ‘‘(i) specify near-term and long-term quali- (a) IN GENERAL.—Subtitle D of title IV of the as amended by this Act, is further amended by tative and quantitative objectives relating to Energy Independence and Security Act of 2007, adding at the end the following: each focus area described in section 455(c), in- as amended by this Act, is further amended by ‘‘SEC. 456. INDUSTRIAL TECHNOLOGY INNOVA- cluding research, development, demonstration, adding at the end the following: TION ADVISORY COMMITTEE. and commercial application objectives; ‘‘SEC. 457. TECHNICAL ASSISTANCE PROGRAM TO ‘‘(a) DEFINITIONS.—In this section: ‘‘(ii) leverage existing roadmaps relevant to IMPLEMENT INDUSTRIAL EMISSIONS OMMITTEE ‘‘(1) C .—The term ‘Committee’ the program in section 455(b)(1) and the focus REDUCTION. means the Industrial Technology Innovation areas in section 455(c); ‘‘(a) DEFINITIONS.—In this section: Advisory Committee established under sub- ‘‘(iii) specify the anticipated timeframe for ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti- section (b). achieving the objectives specified under clause ty’ means— ‘‘(2) DIRECTOR.—The term ‘Director’ means (i); ‘‘(A) a State; the Director of the Office of Science and Tech- ‘‘(iv) include plans for developing emissions ‘‘(B) a unit of local government; nology Policy. reduction technologies that are globally cost- ‘‘(C) a territory or possession of the United ‘‘(3) EMISSIONS REDUCTION.—The term ‘emis- competitive; and States; sions reduction’ has the meaning given the term ‘‘(v) identify the appropriate role for invest- ‘‘(D) a relevant State or local office, including in section 455(a). ment by the Federal Government, in coordina- an energy office; ‘‘(4) PROGRAM.—The term ‘program’ means tion with the private sector, to achieve the ob- ‘‘(E) a tribal organization (as defined in sec- the industrial emissions reduction technology jectives specified under clause (i). development program established under section tion 3765 of title 38, United States Code); ‘‘(e) MEETINGS.— ‘‘(F) an institution of higher education; 455(b)(1). ‘‘(1) FREQUENCY.—The Committee shall meet ‘‘(G) a private entity; and ‘‘(b) ESTABLISHMENT.—Not later than 180 days not less frequently than 2 times per year, at the ‘‘(H) a trade association or technical society. after the date of enactment of this section, the call of the Chair. ‘‘(2) EMISSIONS REDUCTION.—The term ‘emis- Secretary, in coordination with the Director, ‘‘(2) INITIAL MEETING.—Not later than 30 days sions reduction’ has the meaning given the term shall establish an advisory committee, to be after the date on which the members are ap- in section 455(a). known as the ‘Industrial Technology Innova- pointed under subsection (b), the Committee ‘‘(3) INSTITUTION OF HIGHER EDUCATION.—The tion Advisory Committee’. shall hold its first meeting. term ‘institution of higher education’ has the ‘‘(c) MEMBERSHIP.— ‘‘(f) COMMITTEE REPORT.— meaning given the term in section 101 of the ‘‘(1) APPOINTMENT.—The Committee shall be ‘‘(1) IN GENERAL.—Not later than 2 years after comprised of not fewer than 15 members, who the date of enactment of this section, and not Higher Education Act of 1965 (20 U.S.C. 1001). shall be appointed by the Secretary, in coordi- less frequently than once every 3 years there- ‘‘(4) PROGRAM.—The term ‘program’ means nation with the Director. after, the Committee shall submit to the Sec- the program established under subsection (b). ‘‘(2) REPRESENTATION.—Members appointed retary a report on the progress of achieving the ‘‘(b) ESTABLISHMENT.—Not later than one pursuant to paragraph (1) shall include— purposes of the program. year after the date of enactment of this section, ‘‘(A) not less than 1 representative of each rel- ‘‘(2) CONTENTS.—The report under paragraph the Secretary shall establish a program to pro- evant Federal agency, as determined by the Sec- (1) shall include— vide technical assistance to eligible entities to retary; ‘‘(A) a description of any technology innova- promote the commercial application of emission ‘‘(B) not less than 2 representatives of labor tion opportunities identified by the Committee; reduction technologies developed through the groups; ‘‘(B) a description of any technology gaps program established in section 455(b). ‘‘(C) not less than 3 representatives of the re- identified by the Committee under subsection ‘‘(c) APPLICATIONS.— search community, which shall include aca- (d)(1)(B)(ii); ‘‘(1) APPLICATION PROCESS.—The Secretary demia and National Laboratories; ‘‘(C) a review of the management, technology shall seek applications for technical assistance ‘‘(D) not less than 2 representatives of non- screening, coordination, and industry utility of under the program on a periodic basis, but not governmental organizations; the program; less frequently than once every 12 months. ‘‘(E) not less than 6 representatives of indus- ‘‘(D) an evaluation of the progress of the pro- ‘‘(2) PRIORITIES.—In selecting eligible entities try, the collective expertise of which shall cover gram and the research, development, and dem- for technical assistance under the program, the every focus area described in section 455(c); onstration activities funded under the program; Secretary shall give priority to an eligible enti- ‘‘(F) not less than 1 representative of a State ‘‘(E) any recommended changes to the focus ty— government; and areas of the program described in section 455(c); ‘‘(A) carrying out a commercial application of ‘‘(G) any other individual whom the Sec- ‘‘(F) a description of the manner in which the technology that has the greatest potential for retary, in coordination with the Director, deter- Committee has carried out the duties described emissions reduction in nonpower industrial sec- mines to be necessary to ensure that the Com- in subsection (d)(1) and any relevant findings as tors; mittee is comprised of a diverse group of rep- a result of carrying out those duties; ‘‘(B) located in a State that has historically resentatives of industry, academia, independent ‘‘(G) the roadmap developed by the Committee relied on industrial sectors for a substantial por- researchers, and public and private entities. under subsection (d)(1)(C); tion of the State economy, as determined by the

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Secretary, taking into account employment ‘‘(B) USE OF FUNDS.—Funds made available (B) by adding at the following: data, per capita income, and other indicators of under subparagraph (A) may be used— ‘‘(3) REDUCTION IN FEE AMOUNT.—Notwith- economic output in the State; or ‘‘(i) to research, develop, and distribute infor- standing paragraph (1) and subject to the avail- ‘‘(C) located in a State that has experienced mational materials relevant to manufacturers, ability of appropriations, the Secretary may re- significant decline in the economic contribution commercial buildings, institutional facilities, duce the amount of a fee for a guarantee under of industry to the State.’’. and Federal sites, including continued support this subsection.’’; and (b) TECHNICAL AMENDMENT.—The table of of the mission goals of the Department of De- (3) by adding at the end the following: contents of the Energy Independence and Secu- fense, on CHP and microgrid technologies, in- ‘‘(l) APPLICATION STATUS.— rity Act of 2007 (Public Law 110–140; 121 Stat. cluding continuation and updating of— ‘‘(1) REQUEST.—If the Secretary does not make 1494) is amended by inserting after the item re- ‘‘(I) the CHP installation database; a final decision on an application for a guar- lating to section 456 (as added by this Act) the ‘‘(II) CHP technology potential analyses; antee under this title by the date that is 180 following: ‘‘(III) State CHP resource pages; and days after receipt of the application by the Sec- ‘‘(IV) CHP Technical Assistance Partnerships retary, the applicant may request, on or after ‘‘Sec. 457. Technical assistance program to im- websites; that date and not more than once every 60 days plement industrial emissions re- ‘‘(ii) to research, develop, and conduct target thereafter until a final decision is made, that duction.’’. market workshops, reports, seminars, internet the Secretary provide to the applicant a re- SEC. 9305. COORDINATION OF RESEARCH AND DE- programs, CHP resiliency resources, and other sponse described in paragraph (2). VELOPMENT OF ENERGY EFFICIENT activities to provide education to end users, reg- ‘‘(2) RESPONSE.—Not later than 10 days after TECHNOLOGIES FOR INDUSTRY. ulators, and stakeholders in a manner that receiving a request from an applicant under Section 6(a) of the American Energy Manu- leads to the deployment of CHP technologies; paragraph (1), the Secretary shall provide to the facturing Technical Corrections Act (42 U.S.C. ‘‘(iii) to provide or coordinate onsite assess- applicant a response that includes— 6351(a)) is amended— ments for sites and enterprises that may con- ‘‘(A) a description of the current status of re- (1) by striking ‘‘Industrial Technologies Pro- sider deployment of CHP technology; view of the application; gram’’ each place it appears and inserting ‘‘Ad- ‘‘(iv) to perform market research to identify ‘‘(B) a summary of any factors that are delay- vanced Manufacturing Office’’; and high profile candidates for deployment of CHP ing a final decision on the application, a list of (2) in the matter preceding paragraph (1), by technologies, hybrid renewable-CHP tech- what items are required in order to reach a final striking ‘‘Office of Energy’’ and all that follows nologies, microgrids, and clean energy; decision, citations to authorities stating the rea- through ‘‘Office of Science’’ and inserting ‘‘De- ‘‘(v) to provide nonbiased engineering support sons why such items are required, and a list of partment of Energy’’. to sites considering deployment of CHP tech- actions the applicant can take to expedite the Subtitle D—Combined Heat and Power nologies; process; and Support ‘‘(vi) to assist organizations developing clean ‘‘(C) an estimate of when a final decision on SEC. 9401. CHP TECHNICAL ASSISTANCE PART- energy technologies and policies in overcoming the application will be made. NERSHIP PROGRAM. barriers to deployment; and ‘‘(m) OUTREACH.—In carrying out this title, (a) IN GENERAL.—Section 375 of the Energy ‘‘(vii) to assist companies and organizations the Secretary shall— Policy and Conservation Act (42 U.S.C. 6345) is with field validation and performance evalua- ‘‘(1) provide assistance with the completion of amended to read as follows: tions of CHP and other clean energy tech- applications for a guarantee under this title; ‘‘(2) conduct outreach, including through con- ‘‘SEC. 375. CHP TECHNICAL ASSISTANCE PART- nologies implemented. NERSHIP PROGRAM. ‘‘(C) DURATION.—The Program shall make ferences and online programs, to disseminate information to potential applicants; and ‘‘(a) RENAMING.— funds available under subparagraph (A) for a ‘‘(3) conduct outreach to encourage participa- ‘‘(1) IN GENERAL.—The Clean Energy Applica- period of 5 years. tion Centers of the Department of Energy are re- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— tion of supporting finance institutions and pri- designated as the CHP Technical Assistance There are authorized to be appropriated to carry vate lenders in eligible projects. ‘‘(n) COORDINATION.—In carrying out this Partnership Program (referred to in this section out this section $12,000,000 for each of fiscal title, to the extent consistent with applicable as the ‘Program’). years 2021 through 2025.’’. ONFORMING MENDMENT law, the Secretary shall collaborate, coordinate, ‘‘(2) PROGRAM DESCRIPTION.—The Program (b) C A .—The table of and share information with relevant offices shall consist of— contents of the Energy Policy and Conservation ‘‘(A) the 10 regional CHP Technical Assist- Act is amended by striking the item relating to within the Department. ‘‘(o) REPORT.—Not later than 2 years after the ance Partnerships in existence on the date of section 375 and inserting the following: date of the enactment of this subsection and enactment of the Clean Economy Jobs and Inno- ‘‘375. CHP Technical Assistance Partnership every 3 years thereafter, the Secretary shall sub- vation Act; Program.’’. mit to Congress a report on the status of projects ‘‘(B) such other regional CHP Technical As- Subtitle E—Title XVII Loan Program Reform receiving guarantees under this title, includ- sistance Partnerships as the Secretary may es- SEC. 9501. LOAN PROGRAM OFFICE TITLE XVII RE- ing— tablish; and FORM. ‘‘(1) a list of such projects, including the ‘‘(C) any supporting technical activities under (a) TERMS AND CONDITIONS.—Section 1702 of guarantee amount, construction status, and fi- the Technical Partnership Program of the Ad- the Energy Policy Act of 2005 (42 U.S.C. 16512) nancing partners of each such project; vanced Manufacturing Office. is amended— ‘‘(2) the status of each such project’s loan re- ‘‘(3) REFERENCES.—Any reference in any law, (1) by amending subsection (b) to read as fol- payment, including interest paid and future re- rule, regulation, or publication to a Combined lows: payment projections; Heat and Power Application Center or a Clean ‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBU- ‘‘(3) estimate of the greenhouse gas emissions Energy Application Center shall be deemed to be TION.— avoided from each such project; a reference to the Program. ‘‘(1) IN GENERAL.—Except as provided in para- ‘‘(4) data regarding the number of direct and ‘‘(b) CHP TECHNICAL ASSISTANCE PARTNER- graph (2), the cost of a guarantee shall be paid indirect jobs retained, restored, or created by SHIP PROGRAM.— by the Secretary using an appropriation made such projects; ‘‘(1) IN GENERAL.—The Program shall— for the cost of the guarantee, subject to the ‘‘(5) the number of new projects projected to ‘‘(A) operate programs to encourage deploy- availability of such an appropriation. receive a guarantee under this title during the ment of combined heat and power, waste heat to ‘‘(2) INSUFFICIENT APPROPRIATIONS.—If suffi- next 2 years and the aggregate guarantee power, and efficient district energy (collectively cient appropriated funds to pay the cost of a amount; and referred to in this subsection as ‘CHP’) tech- guarantee are not available, then the guarantee ‘‘(6) any other metrics the Secretary finds ap- nologies by providing education and outreach shall not be made unless— propriate.’’. to— ‘‘(A) the Secretary has received from the bor- (b) STATE LOAN ELIGIBILITY.— ‘‘(i) building, industrial, and electric and nat- rower a payment in full for the cost of the guar- (1) DEFINITIONS.—Section 1701 of the Energy ural gas utility professionals; antee and deposited the payment into the Treas- Policy Act of 2005 (42 U.S.C. 16511) is amended ‘‘(ii) State and local policymakers; and ury; or by adding at the end the following: ‘‘(iii) other individuals and organizations ‘‘(B) a combination of one or more appropria- ‘‘(6) INDIAN TRIBE, NATIVE CORPORATION, TRIB- with an interest in efficient energy use, local or tions and one or more payments from the bor- AL ENERGY DEVELOPMENT ORGANIZATION.—The opportunity fuel use, resiliency, or energy secu- rower under this subsection has been made that terms ‘Indian tribe’, ‘Native Corporation’, and rity, microgrids, and district energy; and is sufficient to cover the cost of the guarantee.’’; ‘tribal energy development organization’ have ‘‘(B) provide project specific support to build- (2) in subsection (h)— the meaning given such terms in section 2601 of ing and industrial professionals through eco- (A) by amending paragraph (1) to read as fol- the Energy Policy Act of 1992 (25 U.S.C. 3501). nomic and engineering assessments and advi- lows: ‘‘(7) STATE.—The term ‘State’ has the meaning sory activities. ‘‘(1) IN GENERAL.—The Secretary shall charge, given the term in section 202 of the Energy Con- ‘‘(2) FUNDING FOR CERTAIN ACTIVITIES.— and collect on or after the date of the financial servation and Production Act (42 U.S.C. 6802). ‘‘(A) IN GENERAL.—The Program shall make close of an obligation, a fee for a guarantee in ‘‘(8) STATE ENERGY FINANCING INSTITUTION.— funds available to institutions of higher edu- an amount that the Secretary determines is suf- ‘‘(A) IN GENERAL.—The term ‘State energy fi- cation, research centers, and other appropriate ficient to cover applicable administrative ex- nancing institution’ means a quasi-independent institutions to ensure the continued operations penses (including any costs associated with entity or an entity within a State agency or fi- and effectiveness of the regional CHP Technical third-party consultants engaged by the Sec- nancing authority established by a State that Assistance Partnerships. retary).’’; and may—

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00128 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4847 ‘‘(i) provide financing support or credit en- ‘‘(5) Application of technologies, including resentatives and the Committee on Commerce, hancements, including loan guarantees and data analytics, artificial intelligence, and other Science, and Transportation and the Committee loan loss reserves, for eligible projects; and software to improve the energy efficiency, oper- on Energy and Natural Resources of the Senate. ‘‘(ii) create liquid markets for eligible projects, ations, and management of energy infrastruc- (2) CENTER.—The term ‘‘Center’’ means the including warehousing and securitization, or ture, including electric grid operations. Critical Materials Information Center estab- take other steps to reduce financial barriers to ‘‘(6) Energy-water use efficiency in water re- lished under section 10122(a). the deployment of existing and new eligible sources infrastructure and water-using tech- (3) DEPARTMENT.—The term ‘‘Department’’ projects. nologies. means the Department of Energy. ‘‘(B) INCLUSION.—The term ‘State energy fi- ‘‘(7) Technologies for improving the resilience (4) ENERGY CRITICAL MATERIAL.—The term nancing institution’ includes an entity or orga- or reliability of existing energy infrastructure, ‘‘energy critical material’’ means any of a class nization established to achieve the purposes de- including technologies that incorporate energy of non-fuel materials that have a high risk of a scribed in clauses (i) and (ii) of subparagraph storage and grid modernization initiatives or im- supply disruption and are critical to one or more (A) by an Indian tribe, Native Corporation, or prove the cybersecurity of energy technologies. existing or new, energy-related technologies tribal energy development organization.’’. ‘‘(8) Technologies or processes for reducing such that a substantial supply disruption of (2) TERMS AND CONDITIONS.—Section 1702 of greenhouse gas emissions from industrial appli- such material would significantly inhibit large- the Energy Policy Act of 2005 (42 U.S.C. 16512) cations, including iron, steel, cement, and am- scale deployment of technologies that produce, is further amended— monia production, hydrogen production, and transmit, store, or conserve energy. (A) in subsection (a), by inserting ‘‘, including generation of high-temperature heat. (5) INSTITUTION OF HIGHER EDUCATION.—The projects receiving financial support or credit en- ‘‘(9) Categories of projects and projects de- term ‘‘institution of higher education’’ has the hancements from a State energy financing insti- scribed in section 1703. meaning given such term in section 101(a) of the tution,’’ after ‘‘for projects’’; ‘‘(c) REGIONAL VARIATION.—Notwithstanding Higher Education Act of 1965 (20 U.S.C. (B) in subsection (d)(1), by inserting ‘‘, in- subsection (a)(2), the Secretary may, to account 1001(a)). cluding a guarantee for a project receiving fi- for regional variation in deployment of tech- (6) PROGRAM.—The term ‘‘program’’ means nancial support or credit enhancements from a nology, make guarantees under this section for the program authorized in section 10121(a). State energy financing institution,’’ after ‘‘No up to 6 projects that employ the same or similar (7) SECRETARY.—The term ‘‘Secretary’’ means guarantee’’; and technology as another project, provided no more the Secretary of Energy. (C) by adding at the end the following: than 2 projects that use the same or a similar Subtitle A—Energy Critical Materials ‘‘(p) STATE ENERGY FINANCING INSTITU- technology are located in the same region of the United States. SEC. 10121. ENERGY CRITICAL MATERIALS PRO- TIONS.— GRAM. ‘‘(1) PARTNERSHIPS AUTHORIZED.—State en- ‘‘(d) STATE ENERGY FINANCING INSTITU- (a) AUTHORIZATION OF PROGRAM.— ergy financing institutions providing financial TIONS.—Notwithstanding subsection (a), the Secretary may use up to 25 percent of authority (1) IN GENERAL.—The Secretary shall carry support or credit enhancements for eligible out a cross-cutting program of research, devel- projects may enter into partnerships with pri- provided for commitments to guarantee loans under this title for projects— opment, demonstration, and commercial applica- vate entities, Indian tribes, Native Corporations, tion to assure the long-term, secure, and sus- and tribal energy development organizations. ‘‘(1) that are receiving financial support or credit enhancements from a State energy financ- tainable supply of energy critical materials suf- ‘‘(2) PROHIBITION ON USE OF APPROPRIATED ficient to satisfy the national security, economic FUNDS.—Amounts appropriated to the Depart- ing institution; and ‘‘(2) that meet the requirements of paragraph well-being, public health, and industrial pro- ment before the date of enactment of this sub- duction needs of the United States. This pro- section shall not be available to be used for the (1) of subsection (a), but do not meet the requirements of paragraph (2) of subsection (a). gram may be carried out primarily by an Energy cost of guarantees made to State energy financ- Innovation Hub established under section 206 of ing institutions.’’. ‘‘(e) EMISSION LEVELS AND TAX CREDITS.— Subsections (d) and (e) of section 1703 shall the Department of Energy Research Coordina- (c) PROJECT ELIGIBILITY EXPANSION.— tion Act (42 U.S.C. 18632). (1) IN GENERAL.—The Energy Policy Act of apply with respect to projects receiving guarantees under this section.’’. (2) PROGRAM ACTIVITIES.—In carrying out this 2005 is amended by adding after section 1703 the program, the Secretary shall focus on areas that following new section: (2) APPLICABILITY.—Section 1702 of the En- ergy Policy Act of 2005 (42 U.S.C. 16512) is fur- the private sector by itself is not likely to under- ‘‘SEC. 1703A. OTHER ELIGIBLE PROJECTS. ther amended by adding at the end the fol- take because of technical and financial uncer- ‘‘(a) IN GENERAL.—The Secretary may make lowing: tainty and support activities to— guarantees under this section only for projects ‘‘(q) APPLICABILITY.—The Secretary shall not, (A) identify, develop, and test alternative min- that— for a period of 10 years after the date of enact- erals, metals, and replacement materials that— ‘‘(1) avoid, reduce, utilize, or sequester air ment of this subsection, enter into a loan guar- (i) can be substituted for energy critical mate- pollutants or anthropogenic emissions of green- antee agreement for an eligible project— rials and maintain or exceed current perform- house gases; and ‘‘(1) under section 1703A; or ance; or ‘‘(2) employ new or significantly improved ‘‘(2) that is receiving financial support or (ii) enable new component and system design technologies as compared to commercial tech- credit enhancements from a State energy financ- options that lessen the need for energy critical nologies in service in the United States at the ing institution.’’. materials; time the guarantee is issued, including projects (3) CONFORMING AMENDMENTS.— particularly those alternative materials with ex- that employ— (A) DEFINITION OF ELIGIBLE PROJECTS.—Sec- isting production sources within the United ‘‘(A) a system of technologies that combine ex- tion 1701(3) of the Energy Policy Act of 2005 (42 States and not subject to substantial supply dis- isting technologies in an innovative manner; U.S.C. 16511(3)) is amended by inserting ‘‘or sec- ruptions; ‘‘(B) elements of commercial technologies in tion 1703A’’ after ‘‘section 1703’’. (B) engineer and test diverse applications combination with new or significantly improved (B) TABLE OF CONTENTS.—The table of con- that— technologies; or tents for the Energy Policy Act of 2005 is amend- (i) accelerate recycling and use of recycled en- ‘‘(C) new and innovative technologies devel- ed by inserting after the item relating to section ergy critical materials; oped outside the energy sector that enable mod- 1703 the following: (ii) use alternative materials; or ernization of existing energy infrastructure and ‘‘Sec. 1703A. Other eligible projects.’’. (iii) seek to minimize energy critical material systems. content; SEC. 9502. AUTHORIZATION OF APPROPRIATIONS. ‘‘(b) CATEGORIES.—Projects from the following (C) develop innovative technologies and prac- Section 1704 of the Energy Policy Act of 2005 categories shall be eligible for a guarantee under tices to diversify commercially viable and sus- (42 U.S.C. 16514) is amended by adding at the this section: tainable domestic sources of energy critical ma- end the following: ‘‘(1) Advanced nuclear energy facilities, in- terials, including technologies for recovery from ‘‘(c) ADMINISTRATIVE AND OTHER EXPENSES.— cluding manufacturing and deployment of nu- waste streams, more efficient recovery of coprod- There are authorized to be appropriated— clear supply components for advanced nuclear ucts and byproducts, and reduction of energy ‘‘(1) $32,000,000 for each of fiscal years 2021 reactors. intensity, environmental impact, and costs of through 2025 to carry out this title; and ‘‘(2) Carbon capture, utilization, and seques- the extraction, production, separation, alloying, ‘‘(2) for fiscal year 2021, in addition to tration practices and technologies, including— and processing of energy critical materials; amounts authorized under paragraph (1), ‘‘(A) agricultural and forestry practices that (D) improve the understanding of the perform- $25,000,000, to remain available until expended, store and sequester carbon; and ance, processing, and adaptability in engineer- for administrative expenses described in section ‘‘(B) synthetic technologies to remove carbon ing designs using energy critical materials; 1702(h)(1) that are not covered by fees collected from the air and oceans. (E) develop advanced theoretical, computa- pursuant to section 1702(h).’’. ‘‘(3) Energy storage technologies for residen- tional, and experimental tools necessary to sup- tial, industrial, transportation, and power gen- TITLE X—CRITICAL MATERIALS port the crosscutting research and development eration applications. SEC. 10101. DEFINITIONS. needs of diverse critical materials stakeholders; ‘‘(4) Technologies and systems for reducing In this title: (F) ensure that relevant facilities are avail- emissions of greenhouse gases with high global (1) APPROPRIATE CONGRESSIONAL COMMIT- able and equipped to assist in carrying out the warming potential, including for reducing meth- TEES.—The term ‘‘appropriate Congressional direction of the program; ane leakage from natural gas transmission and committees’’ means the Committee on Science, (G) advance new mapping and analytical distribution infrastructure. Space, and Technology of the House of Rep- technologies and techniques that identify and

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00129 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4848 CONGRESSIONAL RECORD — HOUSE September 23, 2020 characterize domestic critical materials re- ment of Energy Research Coordination Act, that (2) leverage existing high-performance com- sources; and is focused on energy critical materials exists on puting systems to conduct high throughput cal- (H) improve the understanding of energy crit- the date of enactment of this Act, then the Sec- culations and develop computing and data min- ical material supply chains, risks from supply retary shall leverage the personnel and expertise ing algorithms for the prediction of material disruption, supply restriction, volatility in de- of such a Hub to manage the Consortium for at properties, including a focus on critical mate- mand, and ability to substitute. least a 3 year period following the establishment rials; (3) COORDINATION.—In carrying out the proof the Consortium. (3) leverage and support research in min- gram under subsection (a) the Secretary of En- (3) MEMBERSHIP.—The members of the Consor- eralogy and mineral chemistry to enhance the ergy shall coordinate and leverage resources tium shall be representatives from relevant Fed- understanding, prediction, and manipulation of and expertise across the Department and from— eral agencies, the National Laboratories, insti- critical materials; (A) Federal agencies; tutions of higher education, private sector enti- (4) assist scientists and engineers in making (B) National Laboratories; ties, multi-institutional collaborations, and the fullest possible use of the Department’s rel- (C) academic institutions; other appropriate entities. evant data holdings, including the scientific (D) private sector entities, including small (4) ACTIVITIES.—The Consortium shall— and technical data generated by the research businesses; (A) develop and implement a multi-year pro- and development activities funded under section (E) nongovernmental organizations; and gram plan which includes the determination of 1021; (F) other relevant entities or individuals. technical goals and milestones and prioritizes (5) seek and incorporate other information on (4) EXPANDING PARTICIPATION.—In carrying leveraging of the user facilities, high perform- energy critical materials to enhance the Depart- out the program, the Secretary shall encourage ance computing capabilities, and expertise of ment’s utility for program participants and multidisciplinary collaborations of participants, the Department of Energy and the National other users; including opportunities for students and post- Laboratories; and (6) manage and make available to researchers doctoral staff at institutions of higher edu- (B) submit an annual report to the Secretary and the public accessible, curated, standardized, cation. of Energy summarizing the activities of the Con- secure, and privacy protected data sets from the (5) INTERNATIONAL COLLABORATION.—In car- sortium which includes an evaluation of the public and private sectors for the purposes of rying out the program, the Secretary shall col- Consortium’s role in the achievement of tech- critical materials research and development ac- laborate, to the extent practicable, on activities nical milestones determined in subparagraph tivities. of mutual interest with the relevant agencies (A). (c) COORDINATION.—To carry out this section, and nongovernmental organizations of foreign (5) DURATION.—The Consortium established the Secretary of Energy shall leverage and en- countries with interests relating to energy crit- under this subsection shall receive support for a sure the coordination of relevant programs, fa- ical materials. period of not more than 5 years, subject to the cilities, and activities across the Department, in- (b) PLAN.— availability of appropriations. cluding the Critical Materials Consortium estab- (1) IN GENERAL.—Within 180 days after the (6) RENEWAL.—Upon the expiration of any pe- lished under section 10121(e). date of enactment of this Act and biennially riod of support of the Consortium, the Secretary (d) SECURITY.—In carrying out the activities thereafter, the Secretary shall prepare and sub- of Energy may renew support for the Consor- authorized by this section, the Secretary of En- mit to the appropriate Congressional committees tium, on a merit-reviewed basis, for a period of ergy, in consultation with the Director of the a plan to carry out the program. not more than 5 years. National Science Foundation, shall ensure prop- (2) SPECIFIC REQUIREMENTS.—The plan re- (7) TERMINATION.—Consistent with the exist- er security controls are in place to protect pro- quired under paragraph (1) shall include a de- ing authorities of the Department, the Secretary prietary or sensitive data, as appropriate. scription of— of Energy may terminate the Consortium for (A) the research and development activities to SEC. 10123. CRITICAL MATERIALS INTERAGENCY cause during the performance period. SUBCOMMITTEE. be carried out by the program during the subse- (f) CRITICAL MATERIALS AND SUPPLY CHAIN (a) IN GENERAL.—The Critical Minerals Sub- quent 2 years; RESEARCH FACILITY.—The Secretary shall sup- committee of the National Science and Tech- (B) the expected contributions of the program port construction of a facility that provides an nology Council (referred to in this section as the to the creation of innovative methods and tech- integrated, rapidly reconfigurable research plat- ‘‘Subcommittee’’), shall coordinate Federal nologies for the efficient and sustainable provi- form to further enable research and development science and technology efforts to ensure secure, sion of energy critical materials to the domestic activities throughout the supply chain for en- reliable, and environmentally sustainable sup- economy; ergy critical materials. plies of critical materials to the United States. (C) the expected activities of the program to (g) AUTHORIZATION OF APPROPRIATIONS.— (b) PURPOSES.—the purposes of the Sub- mitigate the adverse environmental and health There are authorized to be appropriated to the committee shall be— impacts of the extraction, processing, manufac- Secretary of Energy $135,000,000 for each of fis- (1) to advise and assist the National Science turing, use, recovery, and recycling of energy cal years 2021 through 2025 to carry out this sec- and Technology Council, including the Com- critical materials; and tion. mittee on Homeland and National Security, on (D) how the program is promoting the broad- SEC. 10122. CRITICAL MATERIALS RESEARCH United States policies, procedures, and plans as est possible participation by academic, indus- DATABASE AND INFORMATION CEN- it relates to critical materials, including— trial, the public, and other contributors. TER. (A) Federal research, development, and com- (3) CONSULTATION.—In preparing each plan (a) IN GENERAL.—In carrying out the program mercial application efforts to minimize the envi- under paragraph (1), the Secretary shall consult established under section 10121, the Secretary, ronmental impacts of methods for extractions, with appropriate representatives of industry, in- in consultation with the Director of the Na- concentration, separation and purification of stitutions of higher education, Department of tional Science Foundation shall establish and conventional, secondary, and unconventional Energy national laboratories, professional and operate a Critical Materials Information Center sources of critical materials; technical societies, other Federal agencies, to collect, catalogue, disseminate, and archive (B) efficient use, substitution, and reuse of States, tribes, the public, and other entities, as information on energy critical materials in co- critical materials; determined by the Secretary. ordination with the Office of Scientific and (C) the critical materials workforce of the (c) COORDINATION AND NONDUPLICATION.—To Technical Information of the Department of En- United States; and the maximum extent practicable, the Secretary ergy, and support the development of a web- (D) United States private industry investments shall ensure that the activities carried out under based platform to provide public access to a in innovation and technology transfer from fed- this subtitle are coordinated with, and do not database of computed information on known erally funded science and technology; unnecessarily duplicate the efforts of, other pro- and predicted critical materials and related ma- (2) to identify emerging opportunities, stimu- grams within the Federal Government. terial properties and computational tools in late international cooperation, and foster the (d) STANDARD OF REVIEW.—Not later than 2 order to— development of secure and reliable supply years after the date of the enactment of this Act (1) accelerate breakthroughs in energy critical chains of critical materials and establish sce- the Secretary of Energy shall conduct a review materials identification and design; nario modeling systems for supply problems of of activities carried out under this program de- (2) strengthen the foundation for technologies critical materials and energy critical materials; scribed in subsection (a) to determine the that will enable more sustainable recycling, sub- (3) to ensure the transparency of information achievement of technical milestones established stitution, use, and recovery and minimize the and data related to critical materials; and in subsection (e). environmental impacts of methods for extrac- (4) to provide recommendations on coordina- (e) CRITICAL MATERIALS CONSORTIUM.— tion, processing, and manufacturing of energy tion and collaboration among the research, de- (1) IN GENERAL.—Not later than 1 year after critical materials; and velopment, and deployment programs and ac- the date of enactment of this Act, the Secretary (3) drive the development of advanced mate- tivities of Federal agencies to promote a secure of Energy shall establish and operate a Critical rials for applications that span the Depart- and reliable supply of critical materials nec- Materials Consortium (referred to in this section ment’s missions in energy, environment, and na- essary to maintain national security, economic as the ‘‘Consortium’’) for the purpose of sup- tional security. well-being, public health, and industrial pro- porting the program under subsection (a) by (b) ACTIVITIES.—In carrying out this section, duction. providing, to the maximum extent practicable, a the Secretary shall— (c) RESPONSIBILITIES.—In carrying out para- centralized entity for multidisciplinary, collabo- (1) conduct cooperative research with indus- graphs (1) and (2), the Subcommittee may, tak- rative, critical materials research and develop- try, academia, and other research institutions to ing into account the findings and recommenda- ment. facilitate the design of novel materials, includ- tions of relevant advisory committees— (2) LEADERSHIP.—If an Energy Innovation ing critical materials and substitutes for critical (1) provide recommendations on how Federal Hub, consistent with section 206 of the Depart- materials; agencies may improve the topographic, geologic,

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00130 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4849 and geophysical mapping of the United States ‘‘(2) assess the adequacy and stability of the and meaningful involvement of all individuals, and improve the discoverability, accessibility, supply of materials necessary to maintain na- regardless of race, color, culture, national ori- and usability of the resulting and existing data, tional security, economic well-being, public gin, educational level, or income, with respect to to the extent permitted by law and subject to ap- health, and industrial production.’’; the development, implementation, and enforce- propriate limitation for purposes of privacy and (4) by striking subsection (d); and ment of environmental laws, regulations, and security; assess the progress towards developing (5) by redesignating subsections (e) and (f) as policies to ensure that— critical materials recycling and reprocessing subsections (d) and (e), respectively. (A) populations of color, communities of color, technologies, and technological alternatives to (b) POLICY.—Section 3 of the National Mate- Tribal and indigenous communities, and low-in- critical materials; rials and Minerals Policy, Research and Devel- come communities have access to public infor- (2) establish a mechanism for the coordination opment Act of 1980 (30 U.S.C. 1602) is amended— mation and opportunities for meaningful public and evaluation of Federal programs with energy (1) by striking ‘‘The Congress declares that it’’ participation relating to human health and en- critical material needs, including Federal pro- and inserting ‘‘It’’; and vironmental planning, regulations, and enforce- grams involving research and development, in a (2) by striking ‘‘The Congress further declares ment; manner that complements related efforts carried that implementation’’ and inserting ‘‘Implemen- (B) Each population of color or community of out by the private sector and other domestic and tation’’. color, Tribal and indigenous community, or low- international agencies and organizations; (c) IMPLEMENTATION.—Section 4 of the Na- income community enjoy the same degree of pro- (3) examine options for accessing and devel- tional Materials and Minerals Policy, Research tection from pollution or other environmental oping critical materials through investment and and Development Act of 1980 (30 U.S.C. 1603) is and health hazards; and trade with our allies and partners and provide amended, in the matter preceding paragraph (C) the 17 Principles of Environmental Justice recommendations; (1)— written and adopted at the First National Peo- (4) evaluate and provide recommendations to (1) by striking ‘‘For the purpose’’ and all that ple of Color Environmental Leadership Summit incentivize the development and use of advances follows through ‘‘declares that the’’ and insert- held on October 24 through 27, 1991, in Wash- in science and technology in the private indus- ing ‘‘The’’; and ington, DC, are upheld. try; (2) by striking ‘‘departments and agencies,’’ (12) ENVIRONMENTAL JUSTICE COMMUNITY.— (5) assess the need for and make recommenda- and inserting ‘‘departments and agencies to im- The term ‘‘environmental justice community’’ tions to address the challenges the United States plement the policy specified in section 3’’. means a community with significant representa- critical materials supply chain workforce faces, SEC. 10142. CONFORMING REPEAL. tion of communities of color, low-income commu- including aging and retiring personnel and fac- The National Critical Materials Act of 1984 (30 nities, or Tribal and indigenous communities, ulty, and foreign competition for United States U.S.C. 1801 et seq.) is repealed. that experiences, or is at risk of experiencing talent; TITLE XI—ENVIRONMENTAL JUSTICE higher or more adverse human health or envi- (6) develop, and update as necessary, a stra- ronmental effects. SEC. 11001. DEFINITIONS. tegic plan to guide Federal programs and activi- (13) FAIR TREATMENT.—The term ‘‘fair treat- In this title: ties to enhance scientific and technical capabili- ment’’ means the conduct of a program, policy, (1) ADMINISTRATOR.—The term ‘‘Adminis- ties across critical material supply chains, in- practice or activity by a Federal agency in a trator’’ means the Administrator of the Environ- cluding a roadmap that identifies key research manner that ensures that no group of individ- mental Protection Agency. and development needs and coordinates on- uals (including racial, ethnic, or socioeconomic (2) ADVISORY COUNCIL.—The term ‘‘Advisory going activities for source diversification, more groups) experience a disproportionate burden of Council’’ means the National Environmental efficient use, recycling, and substitution for crit- adverse human health or environmental effects Justice Advisory Council described in section ical materials; as well as cross-cutting mining resulting from such program, policy, practice, or 11009. science, data science techniques, materials activity, as determined through consultation (3) AGGRIEVED PERSON.—The term ‘‘aggrieved science, manufacturing science and engineering, with, and with the meaningful participation of, person’’ means a person aggrieved by discrimi- computational modeling, and environmental individuals from the communities affected by a nation on the basis of race, color, or national health and safety research and development; program, policy, practice or activity of a Federal origin. and agency. (4) CLEARINGHOUSE.—The term ‘‘Clearing- (14) FEDERAL AGENCY.—The term ‘‘Federal (7) assess the need for, and make rec- house’’ means the Environmental Justice Clear- ommendations concerning, the availability and agency’’ means— inghouse established by the Administrator under (A) each Federal agency represented on the adequacy of the supply of technically trained section 11007. personnel necessary for energy critical materials Working Group; and (5) COMMUNITY OF COLOR.—The term ‘‘com- (B) any other Federal agency that carries out research, development, extraction, and indus- munity of color’’ means any geographically dis- trial production, with a particular focus on the a Federal program or activity that substantially tinct area the population of color of which is affects human health or the environment, as de- problem of attracting and maintaining high- higher than the average population of color of quality professionals for maintaining an ade- termined by the President. the State in which the community is located. (15) TRIBAL AND INDIGENOUS COMMUNITY.— quate supply of energy critical materials; and (6) COMMUNITY-BASED SCIENCE.—The term (8) report to the appropriate Congressional The term ‘‘Tribal and indigenous community’’ ‘‘community-based science’’ means voluntary refers to a population of people who are mem- committees on activities and findings under this public participation in the scientific process and section. bers of— the incorporation of data and information gen- (A) a federally recognized Indian Tribe; Subtitle B—National Materials and Minerals erated outside of traditional institutional (B) a State-recognized Indian Tribe; Policy, Research, and Development boundaries to address real-world problems in (C) an Alaska Native or Native Hawaiian SEC. 10141. AMENDMENTS TO NATIONAL MATE- ways that may include formulating research community or organization; and RIALS AND MINERALS POLICY, RE- questions, conducting scientific experiments, (D) any other community of indigenous people SEARCH AND DEVELOPMENT ACT OF collecting and analyzing data, interpreting re- located in a State. 1980. sults, making new discoveries, developing tech- (16) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ (a) PROGRAM PLAN.—Section 5 of the National nologies and applications, and solving complex has the meaning given the term ‘‘Indian tribe’’ Materials and Minerals Policy, Research and problems, with an emphasis on the democratiza- in section 4 of the Indian Self-Determination Development Act of 1980 (30 U.S.C. 1604) is tion of science and the engagement of diverse and Education Assistance Act (25 U.S.C. 5304). amended— people and communities. (17) INFRASTRUCTURE.—The term ‘‘infrastruc- (1) by striking ‘‘date of enactment of this Act’’ (7) DEMONSTRATES.—The term ‘‘demonstrates’’ ture’’ means any system for safe drinking water, each place it appears and inserting ‘‘date of en- means meets the burdens of going forward with sewer collection, solid waste disposal, electricity actment of the Clean Economy Jobs and Innova- the evidence and of persuasion. generation, communication, or transportation tion Act’’; (8) DIRECTOR.—The term ‘‘Director’’ means access (including highways, airports, marine (2) in subsection (b)(1), by striking ‘‘Federal the Director of the National Institute of Envi- terminals, rail systems, and residential roads) Coordinating Council for Science, Engineering, ronmental Health Sciences. that is used to effectively and safely support— and Technology’’ and inserting ‘‘National (9) DISPARATE IMPACT.—The term ‘‘disparate (A) housing; Science and Technology Council’’; impact’’ means an action or practice that, even (B) an educational facility; (3) in subsection (c)— if appearing neutral, actually has the effect of (C) a medical provider; (A) in the matter preceding paragraph (1)— subjecting persons to discrimination because of (D) a park or recreational facility; or (i) by striking ‘‘the Federal Emergency’’ and their race, color, or national origin. (E) a local business. all that follows through ‘‘Agency, and’’; and (10) DISPROPORTIONATE BURDEN OF ADVERSE (18) LOCAL GOVERNMENT.—The term ‘‘local (ii) by striking ‘‘appropriate shall’’ and insert- HUMAN HEALTH OR ENVIRONMENTAL EFFECTS.— government’’ means— ing ‘‘appropriate, shall’’; The term ‘‘disproportionate burden of adverse (A) a county, municipality, city, town, town- (B) by striking paragraph (1); human health or environmental effects’’ means ship, local public authority, school district, spe- (C) in paragraph (2), by striking ‘‘in the case’’ a situation where there exists higher or more ad- cial district, intrastate district, council of gov- and all that follows through ‘‘subsection,’’; verse human health or environmental effects on ernments (regardless of whether the council of (D) by redesignating paragraphs (2) and (3) as communities of color, low-income communities, governments is incorporated as a nonprofit cor- paragraphs (1) and (2), respectively; and and Tribal and indigenous communities. poration under State law), regional or interstate (E) by amending paragraph (2), as so redesig- (11) ENVIRONMENTAL JUSTICE.—The term ‘‘en- governmental entity, or agency or instrumen- nated, to read as follows: vironmental justice’’ means the fair treatment tality of a local government; or

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(B) an Indian Tribe or authorized Tribal orga- (b) TIMING.— (J) The Secretary of Transportation. nization, or Alaska Native village or organiza- (1) GUIDANCE.—Not later than 12 months after (K) The Attorney General. tion, that is not a Tribal Government. the date of enactment of this section, the Ad- (L) The Administrator. (19) LOW INCOME.—The term ‘‘low income’’ ministrator shall publish guidance describing (M) The Director of the Office of Environ- means an annual household income equal to, or the process for eligible entities to apply for a mental Justice. less than, the greater of— grant under this section, including the required (N) The Chairman of the Consumer Product (A) an amount equal to 80 percent of the me- content and form of applications, the manner in Safety Commission. dian income of the area in which the household which applications must be submitted, and any (O) The Chairperson of the Chemical Safety is located, as reported by the Department of applicable deadlines. Board. (P) The Director of the Office of Management Housing and Urban Development; and (2) FIRST GRANT.—Not later than 180 days and Budget. (B) 200 percent of the Federal poverty line. after the issuance of guidance under paragraph (Q) The Director of the Office of Science and (20) LOW-INCOME COMMUNITY.—The term ‘‘low (1), the Administrator shall award the first income community’’ means any census block Technology Policy. grant under this section. (R) The Chair of the Council on Environ- group in which 30 percent or more of the popu- (c) ELIGIBLE ENTITY.—To be eligible for a mental Quality. lation are individuals with low income. grant under this section, an applicant shall be (S) The Assistant to the President for Domes- (21) MEANINGFUL.—The term ‘‘meaningful’’, a group of individuals who reside in a commu- tic Policy. with respect to involvement by the public in a nity that— (T) The Director of the National Economic determination by a Federal agency, means (1) is a population of color, a community of Council. that— color, a Tribal and indigenous community, or a (U) The Chairman of the Council of Economic (A) potentially affected residents of a commu- low-income community; and Advisers. nity have an appropriate opportunity to partici- (2) is in close proximity to the site of an actual (V) The Secretary of Education. pate in decisions regarding a proposed activity or potential release of a covered hazardous air (W) The Deputy Assistant to the President for that will affect the environment or public health pollutant. Environmental Policy. of the community; (d) USE OF FUNDS.—An eligible entity receiv- (X) The Director of the National Institutes of (B) the public contribution can influence the ing a grant under this section shall use the Health. determination by the Federal agency; grant to participate in decisions impacting the (Y) The Director of the National Park Service. (C) the concerns of all participants involved health and safety of the community involved in (Z) The Assistant Secretary of the Bureau of are taken into consideration in the decision- connection with an actual or potential release Indian Affairs. making process; and of a covered hazardous air pollutant, includ- (AA) The Chairperson of the National Envi- (D) the Federal agency— ing— ronmental Justice Advisory Council. (i) provides to potentially affected members of (1) interpreting information with regard to the (BB) Such other Federal officials as the Presi- the public relevant and accurate information re- nature of the hazard, cumulative impacts stud- dent may designate. garding the activity potentially affecting the en- ies, health impacts studies, remedial investiga- (2) FUNCTIONS.—The Working Group shall— vironment or public health of affected members tion and feasibility studies, agency decisions, re- (A) report to the President through the Chair of the public; and medial design, and operation and maintenance of the Council on Environmental Quality; (ii) facilitates the involvement of potentially (B) provide guidance to Federal agencies re- of necessary monitors; and affected members of the public. garding criteria for identifying disproportion- (2) performing additional air pollution moni- (22) POPULATION.—The term ‘‘population’’ ately high and adverse human health or envi- toring. means a census block group or series of geo- ronmental effects— (e) LIMITATIONS ON AMOUNT; RENEWAL.— graphically contiguous blocks representing cer- (i) on populations of color, communities of (1) AMOUNT.— tain common characteristics, such as (but not color, Tribal and indigenous communities, and (A) IN GENERAL.—The amount of a grant limited to) race, ethnicity, national origin, in- low-income communities; and under this section (excluding any renewals of come-level, health disparities, or other public (ii) on the basis of race, color, national origin, the grant) may not exceed $50,000 for any grant health and socioeconomic attributes. or income; recipient. (23) POPULATION OF COLOR.—The term ‘‘popu- (C) coordinate with, provide guidance to, and (B) EXCEPTION.—The Administrator may lation of color’’ means a population of individ- serve as a clearinghouse for, each Federal agen- waive the limitation in subparagraph (A) with uals who identify as— cy with respect to the implementation and up- respect to an applicant in any case where the (A) Black; dating of an environmental justice strategy re- (B) African American; Administrator determines that such waiver is quired under this title, in order to ensure that (C) Asian; necessary for the community involved to obtain the administration, interpretation, and enforce- (D) Pacific Islander; the necessary technical assistance. ment of programs, activities, and policies are (E) another non-White race; (2) RENEWAL.—Grants may be renewed for carried out in a consistent manner; (F) Hispanic; each step in the regulatory, removal, or remedi- (D) assist in coordinating research by, and (G) Latino; or ation process in connection with a facility with stimulating cooperation among, the Environ- (H) linguistically isolated. the potential to release a covered hazardous air mental Protection Agency, the Department of (24) PUBLISH.—The term ‘‘publish’’ means to pollutant. Health and Human Services, the Department of make publicly available in a form that is— (f) DEFINITION OF COVERED HAZARDOUS AIR Housing and Urban Development, and other (A) generally accessible, including on the POLLUTANT.—In this section, the term ‘‘covered Federal agencies conducting research or other internet and in public libraries; and hazardous air pollutant’’ means a hazardous air activities in accordance with this title; (B) accessible for— pollutant (as defined in section 112 of the Clean (E) identify, based in part on public rec- (i) individuals who are limited in English pro- Air Act) that— ommendations contained in Federal agency ficiency, in accordance with Executive Order (1) is listed on the toxics release inventory progress reports, important areas for Federal 13166 (65 Fed. Reg. 50121 (August 16, 2000)); and under section 313(c) of the Emergency Planning agencies to take into consideration and address, (ii) individuals with disabilities. and Community Right-To-Know Act of 1986; or as appropriate, in environmental justice strate- (25) STATE.—The term ‘‘State’’ means any (2) is identified as carcinogenic by an assess- gies and other efforts; State of the United States, the District of Co- ment under the Integrated Risk Information (F) assist in coordinating data collection and lumbia, the Commonwealth of Puerto Rico, the System (IRIS) of the Environmental Protection maintaining and updating appropriate data- Virgin Islands, Guam, American Samoa, and the Agency. bases, as required by this title; Commonwealth of the Northern Mariana Is- SEC. 11003. INTERAGENCY FEDERAL WORKING (G) examine existing data and studies relating lands. GROUP ON ENVIRONMENTAL JUS- to environmental justice; (26) TRIBAL GOVERNMENT.—The term ‘‘Tribal TICE. (H) hold public meetings and otherwise solicit Government’’ means the governing body of an (a) IN GENERAL.—Not later than 90 days after public participation under paragraph (3); and Indian Tribe. the date of enactment of this Act, the Adminis- (I) develop interagency model projects relating (27) WORKING GROUP.—The term ‘‘Working trator shall convene, as appropriate to carry out to environmental justice that demonstrate co- Group’’ means the interagency Federal Working this section, the Working Group. operation among Federal agencies. Group on Environmental Justice convened (b) REQUIREMENTS.— (3) PUBLIC PARTICIPATION.—The Working under section 1–102 of Executive Order 12898 (42 (1) COMPOSITION.—The Working Group shall Group shall— U.S.C. 4321 note), as amended by Executive be comprised of the following (or a designee): (A) hold public meetings or otherwise solicit Order 12948 (60 Fed. Reg. 6381 (January 30, (A) The Secretary of Agriculture. public participation and community-based 1995)) and modified by this title. (B) The Secretary of Commerce. science for the purpose of fact-finding with re- SEC. 11002. ENVIRONMENTAL JUSTICE COMMU- (C) The Secretary of Defense. spect to the implementation of this title; and NITY TECHNICAL ASSISTANCE (D) The Secretary of Energy. (B) prepare for public review and publish a GRANTS. (E) The Secretary of Health and Human Serv- summary of any comments and recommenda- (a) IN GENERAL.—The Administrator may ices. tions provided. award grants to eligible entities to enable such (F) The Secretary of Homeland Security. (c) JUDICIAL REVIEW AND RIGHTS OF ACTION.— entities to participate in decisions impacting the (G) The Secretary of Housing and Urban De- Any person may commence a civil action— health and safety of their communities in con- velopment. (1) to seek relief from, or to compel, an agency nection with an actual or potential release of a (H) The Secretary of the Interior. action under this section (including regulations covered hazardous air pollutant. (I) The Secretary of Labor. promulgated pursuant to this section); or

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FEDERAL AGENCY ACTIONS TO AD- human health or the environment that may be (A) COUNCIL ON ENVIRONMENTAL QUALITY.— DRESS ENVIRONMENTAL JUSTICE. revised, at a minimum— Notwithstanding any other provision of law, (a) FEDERAL AGENCY RESPONSIBILITIES.— (I) to promote enforcement of all health, envi- sections II and III of the guidance issued by the (1) ENVIRONMENTAL JUSTICE MISSION.—To the ronmental, and civil rights laws and regulations Council on Environmental Quality entitled ‘‘En- maximum extent practicable and permitted by in areas containing populations of color, com- vironmental Justice Guidance Under the Na- applicable law, each Federal agency shall make munities of color, Tribal and indigenous commu- tional Environmental Policy Act’’ and dated De- achieving environmental justice part of the mis- nities, and low-income communities; cember 10, 1997, are enacted into law. sion of the Federal agency by identifying, ad- (II) to ensure greater public participation; (B) ENVIRONMENTAL PROTECTION AGENCY.— dressing, and mitigating disproportionately high (III) to provide increased access to infrastruc- Notwithstanding any other provision of law, the and adverse human health or environmental ef- ture; guidance issued by the Environmental Protec- fects of the programs, policies, and activities of (IV) to improve research and data collection tion Agency entitled ‘‘EPA Policy on Consulta- the Federal agency on populations of color, relating to the health and environment of popu- tion and Coordination with Indian Tribes: communities of color, Tribal and indigenous lations of color, communities of color, Tribal Guidance for Discussing Tribal Treaty Rights’’ communities, and low-income communities in and indigenous communities, and low-income and dated February 2016 is enacted into law. the United States (including the territories and communities, including through the increased (b) HUMAN HEALTH AND ENVIRONMENTAL RE- possessions of the United States and the District use of community-based science; and SEARCH, DATA COLLECTION, AND ANALYSIS.— of Columbia). (V) to identify differential patterns of use of (1) RESEARCH.—Each Federal agency, to the (2) NONDISCRIMINATION.—Each Federal agen- natural resources among populations of color, maximum extent practicable and permitted by cy shall conduct any program, policy, or activ- communities of color, Tribal and indigenous applicable law, shall— ity that substantially affects human health or communities, and low-income communities. (A) in conducting environmental or human the environment in a manner that ensures that (ii) TIMETABLES.—Each strategy implemented health research, include diverse segments of the the program, policy, or activity does not have and updated pursuant to subparagraph (A) population in epidemiological and clinical stud- the effect of excluding any individual or group shall include a timetable for undertaking revi- ies, including segments at high risk from envi- from participation in, denying any individual or sions identified pursuant to clause (i). ronmental hazards, such as— group the benefits of, or subjecting any indi- (C) PROGRESS REPORTS.—Not later than 1 year (i) populations of color, communities of color, vidual or group to discrimination under, the after the date of enactment of this Act, and not Tribal and indigenous communities, populations program, policy, or activity because of race, less frequently than once every 5 years there- with low income, and low-income communities; color, or national origin. after, each Federal agency shall submit to Con- (ii) fenceline communities; and (3) STRATEGIES.— gress and the Working Group, and shall pub- (iii) workers who may be exposed to substan- (A) AGENCYWIDE STRATEGIES.—Each Federal lish, a progress report that includes, with re- tial environmental hazards; agency shall implement and update, not less fre- spect to the period covered by the report— (B) in conducting environmental or human quently than annually, an agencywide environ- (i) a description of the current environmental health analyses, identify multiple and cumu- mental justice strategy that identifies and injustice strategy of the Federal agency; lative exposures; and cludes strategies to address disproportionally (ii) an evaluation of the progress made by the (C) actively encourage and solicit community- high and adverse human health or environ- Federal agency at national and regional levels based science, and provide to populations of mental effects of the programs, policies, spend- regarding implementation of the environmental color, communities of color, Tribal and indige- ing, and other activities of the Federal agency justice strategy, including— nous communities, populations with low income, with respect to populations of color, commu- (I) metrics used by the Federal agency to and low income communities the opportunity to nities of color, Tribal and indigenous commu- measure performance; and comment regarding the development and design nities, and low-income communities, including, (II) the progress made by the Federal agency of research strategies carried out pursuant to as appropriate for the mission of the Federal toward— this title. agency, with respect to the following areas: (aa) the achievement of the metrics described (2) DISPROPORTIONATE IMPACT.—To the max- (i) Implementation of the National Environ- in subclause (I); and imum extent practicable and permitted by appli- mental Policy Act of 1969 (42 U.S.C. 4321 et (bb) mitigating identified instances of environ- cable law (including section 552a of title 5, seq.). mental injustice; United States Code (commonly known as the (ii) Implementation of title VI of the Civil (iii) a description of the participation by the Privacy Act)), each Federal agency shall— Rights Act of 1964 (42 U.S.C. 2000d et seq.) (in- Federal agency in interagency collaboration; (A) collect, maintain, and analyze informa- cluding regulations promulgated pursuant to (iv) responses to recommendations submitted tion assessing and comparing environmental that title). by members of the public to the Federal agency and human health risks borne by populations (iii) Implementation of the Robert T. Stafford relating to the environmental justice strategy of identified by race, national origin, or income; Disaster Relief and Emergency Assistance Act the Federal agency and the implementation by and (42 U.S.C. 5121 et seq.). the Federal agency of this title; and (B) use that information to determine whether (iv) Impacts from the lack of infrastructure, or (v) any updates or revisions to the environ- the programs, policies, and activities of the Fed- from deteriorated infrastructure. mental justice strategy of the Federal agency, eral agency have disproportionally high and ad- (v) Impacts from land use. including those resulting from public comments. verse human health or environmental effects on (vi) Impacts from climate change. (4) PUBLIC PARTICIPATION.—Each Federal populations of color, communities of color, Trib- (vii) Impacts from commercial transportation. agency shall— al and indigenous communities, and low-income (viii) Strategies for the implementation of (A) ensure that meaningful opportunities exist communities. agency programs, policies, and activities to pro- for the public to submit comments and rec- (3) INFORMATION RELATING TO NON-FEDERAL vide for— ommendations relating to the environmental jus- FACILITIES.—In connection with the implemen- (I) equal protection from environmental and tice strategy, progress reports, and ongoing ef- tation of Federal agency strategies under sub- health hazards for populations of color, commu- forts of the Federal agency to incorporate envi- section (a)(3), each Federal agency, to the max- nities of color, Tribal and indigenous commu- ronmental justice principles into the programs, imum extent practicable and permitted by appli- nities, and low-income communities; policies, and activities of the Federal agency; cable law, shall collect, maintain, and analyze (II) equal opportunity for public involvement (B) hold public meetings or otherwise solicit information relating to the race, national origin, and due process to populations of color, commu- public participation and community-based and income level, and other readily accessible nities of color, Tribal and indigenous commu- science from populations of color, communities and appropriate information, for fenceline com- nities, and low-income communities in the devel- of color, Tribal and indigenous communities, munities in proximity to any facility or site ex- opment, implementation, and enforcement of and low-income communities for fact-finding, pected to have a substantial environmental, agency programs, policies, and activities; receiving public comments, and conducting in- human health, or economic effect on the sur- (III) improved technical assistance and access quiries concerning environmental justice; and rounding populations, if the facility or site be- to information to populations of color, commu- (C) prepare for public review and publish a comes the subject of a substantial Federal envi- nities of color, Tribal and indigenous commu- summary of the comments and recommendations ronmental administrative or judicial action. nities, and low-income communities regarding provided. (4) IMPACT FROM FEDERAL FACILITIES.—Each the impacts of agency programs, policies, and (5) ACCESS TO INFORMATION.—Each Federal Federal agency, to the maximum extent prac- activities on environmental justice communities; agency shall— ticable and permitted by applicable law, shall (IV) improved agency cooperation with State (A) publish public documents, notices, and collect, maintain, and analyze information re- governments, Tribal Governments, and local hearings relating to the programs, policies, and lating to the race, national origin, and income governments to address pollution and public activities of the Federal agency that affect level, and other readily accessible and appro- health burdens for populations of color, commu- human health or the environment; and priate information, for fenceline communities in nities of color, Tribal and indigenous commu- (B) translate and publish any public docu- proximity to any facility of the Federal agency nities, and low-income communities. ments, notices, and hearings relating to an ac- that is— (B) REVISIONS.— tion of the Federal agency as appropriate for (A) subject to the reporting requirements (i) IN GENERAL.—Each strategy developed and the affected population, specifically in any case under the Emergency Planning and Community updated pursuant to subparagraph (A) shall in which a limited English-speaking population Right-To-Know Act of 1986 (42 U.S.C. 11001 et

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(2) EVALUATION.—Not later than 3 years after (c) PLAN.— (c) CONSUMPTION OF FISH AND WILDLIFE.— the date of enactment of this Act, the Inspector (1) IN GENERAL.—Not later than 2 years after (1) IN GENERAL.—Each Federal agency shall General of each Federal agency that partici- the date of enactment of this Act, the Adminis- develop, publish (unless prohibited by law), and pates in the Working Group shall evaluate the trator, in consultation with the Director, shall revise, as practicable and appropriate, guidance training programs of such Federal agency to de- develop and publish in the Federal Register a on actions of the Federal agency that will im- termine if such Federal agency has improved the plan to carry out the basic training program es- pact fish and wildlife consumed by populations rate of training of the employees of such Federal tablished under subsection (a). that principally rely on fish or wildlife for sub- agency to ensure that each employee has re- (2) CONTENTS.—The plan described in para- sistence. ceived environmental justice training. graph (1) shall contain— (2) REQUIREMENT.—The guidance described in SEC. 11006. ENVIRONMENTAL JUSTICE BASIC (A) a list that describes the relative priority of paragraph (1) shall— TRAINING PROGRAM. each activity described in subsection (a); and (A) reflect the latest scientific information (a) ESTABLISHMENT.—The Administrator shall (B) a description of research and training rel- available concerning methods for evaluating the establish a basic training program, in coordina- evant to environmental justice issues of commu- human health risks associated with the con- tion and consultation with nongovernmental en- nities adversely affected by pollution. sumption of pollutant-bearing fish or wildlife; vironmental justice organizations, to increase (3) COORDINATION WITH FEDERAL AGENCIES.— and the capacity of residents of environmental jus- The Administrator shall, to the maximum extent (B) publish the risks of such consumption pat- tice communities to identify and address dis- practicable, take appropriate steps to coordinate terns. proportionately adverse human health or envi- the activities of the basic training program de- (d) MAPPING AND SCREENING TOOL.—The Ad- ronmental effects by providing culturally and scribed in the plan with the activities of other ministrator shall continue to make available to linguistically appropriate— Federal agencies to avoid any duplication of ef- the public an environmental justice mapping (1) training and education relating to— fort. and screening tool (such as EJScreen or an (A) basic and advanced techniques for the de- (d) REPORT.— equivalent tool) that includes, at a minimum, tection, assessment, and evaluation of the ef- (1) IN GENERAL.—Not later than 2 years after the following features: fects of hazardous substances on human health; the date of enactment of this Act, and every 2 (1) Nationally consistent data. (B) methods to assess the risks to human years thereafter, the Administrator shall submit (2) Environmental data. health presented by hazardous substances; to the Committees on Energy and Commerce and (3) Demographic data, including data relating (C) methods and technologies to detect haz- Natural Resources of the House of Representa- to race, ethnicity, and income. ardous substances in the environment; tive and the Committees on Environment and (4) Capacity to produce maps and reports by (D) basic biological, chemical, and physical Public Works and Energy and Natural Re- geographical area. methods to reduce the quantity and toxicity of sources of the Senate a report describing— (5) Data on national parks and other feder- hazardous substances; (A) the implementation of the basic training ally protected natural, historic, and cultural (E) the rights and safeguards currently af- program established under subsection (a); and sites. forded to individuals through policies and laws (B) the impact of the basic training program (e) JUDICIAL REVIEW AND RIGHTS OF ACTION.— intended to help environmental justice commu- on improving training opportunities for resi- Any person may commence a civil action— nities address disparate impacts and discrimina- dents of environmental justice communities. (1) to seek relief from, or to compel, an agency tion, including— (2) PUBLIC AVAILABILITY.—The Administrator action under this section (including regulations (i) laws adopted to protect human health and shall make the report required under paragraph promulgated pursuant to this section); or the environment; and (1) available to the public (including by posting (2) otherwise to ensure compliance with this (ii) section 602 of the Civil Rights Act of 1964 a copy of the report on the website of the Envi- section (including regulations promulgated pur- (42 U.S.C. 2000d–1); ronmental Protection Agency). suant to this section). (F) public engagement opportunities through (e) AUTHORIZATION OF APPROPRIATIONS.— (f) INFORMATION SHARING.—In carrying out the policies and laws described in subparagraph There is authorized to be appropriated to carry this section, each Federal agency, to the max- (E); out this section $10,000,000 for each of fiscal imum extent practicable and permitted by appli- (G) materials available on the Clearinghouse years 2021 through 2025. described in section 11007; cable law, shall share information and eliminate SEC. 11007. ENVIRONMENTAL JUSTICE CLEARING- unnecessary duplication of efforts through the (H) methods to expand access to parks and HOUSE. other natural and recreational amenities; and use of existing data systems and cooperative (a) ESTABLISHMENT.—Not later than 1 year (I) finding and applying for Federal grants re- agreements among Federal agencies and with after the date of enactment of this Act, the Ad- State, local, and Tribal Governments. lated to environmental justice; and (2) short courses and continuation education ministrator shall establish a public internet- SEC. 11005. TRAINING OF EMPLOYEES OF FED- programs for residents of communities who are based clearinghouse, to be known as the Envi- ERAL AGENCIES. located in close proximity to hazardous sub- ronmental Justice Clearinghouse. (a) INITIAL TRAINING.—Not later than 1 year (b) CONTENTS.—The Clearinghouse shall be stances to provide— after the date of enactment of this Act, each em- (A) education relating to— comprised of culturally and linguistically appro- ployee of the Department of Energy, the Envi- (i) the proper manner to handle hazardous priate materials related to environmental jus- ronmental Protection Agency, the Department substances; tice, including— of the Interior, and the National Oceanic and (ii) the management of facilities at which haz- (1) information describing the activities con- Atmospheric Administration shall complete an ardous substances are located (including facility ducted by the Environmental Protection Agency environmental justice training program to en- compliance protocols); and to address issues relating to environmental jus- sure that each such employee— (iii) the evaluation of the hazards that facili- tice; (1) has received training in environmental jus- ties described in clause (ii) pose to human (2) copies of training materials provided by tice; and health; and the Administrator to help individuals and em- (2) is capable of— (B) training on environmental and occupa- ployees understand and carry out environ- (A) appropriately incorporating environ- tional health and safety with respect to the pub- mental justice activities; mental justice concepts into the daily activities lic health and engineering aspects of hazardous (3) links to web pages that describe environ- of the employee; and waste control. mental justice activities of other Federal agen- (B) increasing the meaningful participation of (b) GRANT PROGRAM.— cies; individuals from environmental justice commu- (1) ESTABLISHMENT.—In carrying out the basic (4) a directory of individuals who possess nities in the activities of the applicable agency. training program established under subsection technical expertise in issues relating to environ- (b) MANDATORY PARTICIPATION.—Effective on (a), the Administrator may provide grants to, or mental justice; the date that is 1 year after the date of enact- enter into any contract or cooperative agree- (5) a directory of nonprofit and community- ment of this Act, each individual hired by the ment with, an eligible entity to carry out any based organizations, including grassroots orga- Department of Energy, the Environmental Pro- training or educational activity described in nizations led by people of color, that address tection Agency, the Department of the Interior, subsection (a). issues relating to environmental justice at the and the National Oceanic and Atmospheric Ad- (2) ELIGIBLE ENTITY.—To be eligible to receive local, State, and Federal levels (with particular ministration after that date shall be required to assistance under paragraph (1), an eligible enti- emphasis given to nonprofit and community- participate in environmental justice training. ty shall be an accredited institution of edu- based organizations that possess the capability (c) REQUIREMENT RELATING TO CERTAIN EM- cation in partnership with— to provide advice or technical assistance to envi- PLOYEES.— (A) a community-based organization that car- ronmental justice communities); and (1) IN GENERAL.—With respect to each Federal ries out activities relating to environmental jus- (6) any other appropriate information as de- agency that participates in the Working Group, tice; termined by the Administrator, including infor- not later than 30 days after the date on which (B) a generator of hazardous waste; mation on any resources available to help ad- an individual is appointed to the position of en- (C) any individual who is involved in the de- dress the disproportionate burden of adverse vironmental justice coordinator, or any other tection, assessment, evaluation, or treatment of human health or environmental effects on envi- position the responsibility of which involves the hazardous waste; ronmental justice communities.

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(c) CONSULTATION.—In developing the Clear- SEC. 11009. NATIONAL ENVIRONMENTAL JUSTICE (C) any existing and future information man- inghouse, the Administrator shall consult with ADVISORY COUNCIL. agement systems, technologies, and data collec- individuals representing academic and commu- (a) ESTABLISHMENT.—The President shall es- tion activities of the Environmental Protection nity-based organizations who have expertise in tablish an advisory council, to be known as the Agency (including recommendations to conduct issues relating to environmental justice. National Environmental Justice Advisory Coun- analyses that support and strengthen environ- (d) ANNUAL REVIEW.—The Advisory Council cil. mental justice programs in administrative and shall— (b) MEMBERSHIP.—The Advisory Council shall scientific areas); (1) conduct a review of the Clearinghouse on be comprised of 26 members who have knowledge (D) the administration of grant programs re- an annual basis; and of, or experience relating to, the effect of envi- lating to environmental justice assistance; and (2) recommend to the Administrator any up- ronmental conditions on communities of color, (E) education, training, and other outreach dates for the Clearinghouse that the Advisory low-income communities, and Tribal and indige- activities conducted by the Environmental Pro- Council determines to be necessary for the effec- nous communities, including— tection Agency relating to environmental jus- tive operation of the Clearinghouse. (1) representatives of— tice. (A) community-based organizations that carry SEC. 11008. PUBLIC MEETINGS. (e) DESIGNATED FEDERAL OFFICER.—The Di- out initiatives relating to environmental justice, rector of the Office of Environmental Justice of (a) IN GENERAL.—Not later than 2 years after including grassroots organizations led by people the date of enactment of this Act, and bienni- the Environmental Protection Agency is des- of color; ignated as the Federal officer required under ally thereafter, the Administrator shall hold (B) State governments, Tribal Governments, public meetings on environmental justice issues section 10(e) of the Federal Advisory Committee and local governments; Act (5 U.S.C. App.) for the Advisory Council. in each region of the Environmental Protection (C) Indian Tribes and other indigenous Agency to gather public input with respect to (f) MEETINGS.— groups; (1) IN GENERAL.—The Advisory Council shall the implementation and updating of environ- (D) nongovernmental and environmental or- meet not less frequently than 3 times each cal- mental justice strategies and efforts of the Envi- ganizations; and endar year. ronmental Protection Agency. (E) private sector organizations (including (2) OPEN TO PUBLIC.—Each meeting of the Ad- (b) OUTREACH TO ENVIRONMENTAL JUSTICE representatives of industries and businesses); visory Council shall be held open to the public. COMMUNITIES.—The Administrator, in advance and (3) DUTIES OF DESIGNATED FEDERAL OFFI- of the meetings described in subsection (a), shall (2) experts in the fields of— CER.—The designated Federal officer described to the extent practicable hold multiple meetings (A) socioeconomic analysis; in subsection (e) (or a designee) shall— (B) health and environmental effects; in environmental justice communities in each re- (A) be present at each meeting of the Advisory (C) exposure evaluation; gion to provide meaningful community involve- Council; ment opportunities. (D) environmental law and civil rights law; and (B) ensure that each meeting is conducted in (c) NOTICE.—Notice for the meetings described accordance with an agenda approved in ad- in subsections (a) and (b) shall be provided— (E) environmental health science research. (c) SUBCOMMITTEES; WORKGROUPS.— vance by the designated Federal officer; (1) to applicable representative entities or or- (C) provide an opportunity for interested per- ganizations present in the environmental justice (1) ESTABLISHMENT.—The Advisory Council may establish any subcommittee or workgroup sons— community including— (i) to file comments before or after each meet- (A) local religious organizations; to assist the Advisory Council in carrying out any duty of the Advisory Council described in ing of the Advisory Council; or (B) civic associations and organizations; (ii) to make statements at such a meeting, to (C) business associations of people of color; subsection (d). (2) REPORT.—Upon the request of the Advi- the extent that time permits; (D) environmental and environmental justice sory Council, each subcommittee or workgroup (D) ensure that a representative of the Work- organizations; established by the Advisory Council under para- ing Group and a high-level representative from (E) homeowners’, tenants’, and neighborhood graph (1) shall submit to the Advisory Council a each regional office of the Environmental Pro- watch groups; report that contains— tection Agency are invited to, and encouraged (F) local and Tribal Governments; (A) a description of each recommendation of to attend, each meeting of the Advisory Council; (G) rural cooperatives; the subcommittee or workgroup; and and (H) business and trade organizations; (B) any advice requested by the Advisory (E) provide technical assistance to States seek- (I) community and social service organiza- Council with respect to any duty of the Advi- ing to establish State-level environmental justice tions; sory Council. advisory councils or implement other environ- (J) universities, colleges, and vocational (d) DUTIES.—The Advisory Council shall pro- mental justice policies or programs. schools; vide independent advice and recommendations (g) RESPONSES FROM ADMINISTRATOR.— (K) labor organizations; to the Environmental Protection Agency with (1) PUBLIC COMMENT INQUIRIES.—The Admin- (L) civil rights organizations; respect to issues relating to environmental jus- istrator shall provide a written response to each (M) senior citizens’ groups; and tice, including advice— inquiry submitted to the Administrator by a (N) public health agencies and clinics; (1) to help develop, facilitate, and conduct remember of the public before or after each meet- (2) through communication methods that are views of the direction, criteria, scope, and ade- ing of the Advisory Council by not later than accessible in the applicable environmental jus- quacy of the scientific research and demonstra- 120 days after the date of submission. tice community, which may include electronic tion projects of the Environmental Protection (2) RECOMMENDATIONS FROM ADVISORY COUN- media, newspapers, radio, and other media par- Agency relating to environmental justice; CIL.—The Administrator shall provide a written ticularly targeted at communities of color, low- (2) to improve participation, cooperation, and response to each recommendation submitted to income communities, and Tribal and indigenous communication with respect to such issues— the Administrator by the Advisory Council by communities; and (A) within the Environmental Protection not later than 120 days after the date of submis- (3) at least 30 days before any such meeting. Agency; sion. (d) COMMUNICATION METHODS AND REQUIRE- (B) between, and among, the Environmental (h) TRAVEL EXPENSES.—A member of the Advi- MENTS.—The Administrator shall— Protection Agency and Federal agencies, State sory Council may be allowed travel expenses, in- (1) provide translations of any documents and local governments, Indian Tribes, environ- cluding per diem in lieu of subsistence, at such made available to the public pursuant to this mental justice leaders, interest groups, and the rate as the Administrator determines to be ap- section in any language spoken by more than 5 public; propriate while away from the home or regular percent of the population residing within the (3) requested by the Administrator to help im- place of business of the member in the perform- applicable environmental justice community, prove the response of the Environmental Protec- ance of the duties of the Advisory Council. and make available translation services for tion Agency in securing environmental justice (i) DURATION.—The Advisory Council shall re- meetings upon request; and for communities of color, low-income commu- main in existence unless otherwise provided by (2) not require members of the public to nities, and Tribal and indigenous communities; law. produce a form of identification or register their and SEC. 11010. ENVIRONMENTAL JUSTICE GRANT names, provide other information, complete a (4) on issues relating to— PROGRAMS. questionnaire, or otherwise fulfill any condition (A) the developmental framework of the Envi- (a) IN GENERAL.—The Administrator shall precedent to attending a meeting, but if an at- ronmental Protection Agency with respect to the continue to carry out the Environmental Justice tendance list, register, questionnaire, or other integration by the Environmental Protection Small Grants Program and the Environmental similar document is utilized during meetings, it Agency of socioeconomic programs into the stra- Justice Collaborative Problem-Solving Coopera- shall state clearly that the signing, registering, tegic planning, annual planning, and manage- tive Agreement Program, as those programs are or completion of the document is voluntary. ment accountability of the Environmental Pro- in existence on the date of enactment of this (e) REQUIRED ATTENDANCE OF CERTAIN EM- tection Agency to achieve environmental justice Act. PLOYEES.—In holding a public meeting under results throughout the Environmental Protec- (b) CARE GRANTS.—The Administrator shall subsection (a), the Administrator shall ensure tion Agency; continue to carry out the Community Action for that at least 1 employee of the Environmental (B) the measurement and evaluation of the a Renewed Environment grant programs I and Protection Agency at the level of Assistant Ad- progress, quality, and adequacy of the Environ- II, as in existence on January 1, 2012. ministrator is present at the meeting to serve as mental Protection Agency in planning, devel- (c) AUTHORIZATION OF APPROPRIATIONS.— a representative of the Environmental Protec- oping, and implementing environmental justice There is authorized to be appropriated to carry tion Agency. strategies, project, and programs; out the programs described in subsections (a)

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00135 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4854 CONGRESSIONAL RECORD — HOUSE September 23, 2020 and (b) $10,000,000 for each of fiscal years 2021 ject of the application described in paragraph nisms for addressing issues relating to environ- through 2030. (3). mental justice; and SEC. 11011. ENVIRONMENTAL JUSTICE COMMU- (3) APPLICATION.—To be eligible to receive a (B) to carry out culturally and linguistically NITY SOLID WASTE DISPOSAL TECH- grant under paragraph (1), an eligible entity appropriate activities to reduce or eliminate dis- NICAL ASSISTANCE GRANTS. shall submit to the Administrator an application proportionately adverse human health or envi- (a) IN GENERAL.—The Administrator may at such time, in such manner, and containing ronmental effects on environmental justice com- award grants to eligible entities to enable such such information as the Administrator may re- munities in the State, including reducing eco- entities to participate in decisions impacting the quire, including— nomic vulnerabilities that result in the environ- health and safety of their communities relating (A) an outline describing the means by which mental justice communities being disproportion- to the permitting or permit renewal of a solid the project proposed by the eligible entity will— ately affected. waste disposal facility or hazardous waste facil- (i) with respect to environmental and public (2) ELIGIBILITY.— ity. health issues at the local level, increase the un- (A) APPLICATION.—To be eligible to receive a (b) TIMING.— derstanding of the environmental justice com- grant under paragraph (1), a State shall submit (1) GUIDANCE.—Not later than 12 months after munity at which the eligible entity will conduct to the Administrator an application at such the date of enactment of this section, the Ad- the project; time, in such manner, and containing such in- ministrator shall publish guidance describing (ii) improve the ability of the environmental formation as the Administrator may require, in- the process for eligible entities to apply for a justice community to address each issue de- cluding— grant under this section, including the required scribed in clause (i); (i) a plan that contains a description of the content and form of applications, the manner in (iii) facilitate collaboration and cooperation means by which the funds provided through a grant under paragraph (1) will be used to ad- which applications must be submitted, and any among various stakeholders (including members dress issues relating to environmental justice at applicable deadlines. of the environmental justice community); and the State level; and (2) FIRST GRANT.—Not later than 180 days (iv) support the ability of the environmental (ii) assurances that the funds provided after the issuance of guidance under paragraph justice community to proactively plan and im- through a grant under paragraph (1) will be (1), the Administrator shall award the first plement just sustainable community develop- used only to supplement the amount of funds grant under this section. ment and revitalization initiatives, including that the State allocates for initiatives relating to (c) ELIGIBLE ENTITY.—To be eligible for a countering displacement and gentrification; (B) a proposed budget for each activity of the environmental justice. grant under this section, an applicant shall be (B) ABILITY TO CONTINUE PROGRAM.—To be el- a group of individuals who reside in a commu- project that is the subject of the application; (C) a list of proposed outcomes with respect to igible to receive a grant under paragraph (1), a nity that— State shall demonstrate to the Administrator (1) is a population of color, a community of the proposed project; (D) a description of the ways by which the eli- that the State has the ability to continue each color, a Tribal and indigenous community, or a gible entity may leverage the funds of the eligi- program that is the subject of funds provided low-income community; and ble entity, or the funds made available through through a grant under paragraph (1) after re- (2) is in close proximity to a facility described a grant under this subsection, to develop a ceipt of the funds. in subsection (a) for which a decision relating to project that is capable of being sustained be- (3) REPORT.— a permit or permit renewal for such facility is yond the period of the grant; and (A) IN GENERAL.—Not later than 1 year after required. (E) a description of the ways by which the eli- the date of enactment of this Act, and annually (d) USE OF FUNDS.—An eligible entity receiv- gible entity is linked to, and representative of, thereafter, the Administrator shall submit to the ing a grant under this section shall use the the environmental justice community at which Committees on Energy and Commerce and Nat- grant to participate in decisions impacting the the eligible entity will conduct the project. ural Resources of the House of Representatives health and safety of the community involved (4) USE OF FUNDS.—An eligible entity may and the Committees on Environment and Public that are related to the permitting or permit re- only use a grant under this subsection to carry Works and Energy and Natural Resources of the newal of a solid waste disposal facility or haz- out culturally and linguistically appropriate Senate a report describing— ardous waste facility, including— projects and activities that are driven by the (i) the implementation of the grant program (1) interpreting information with regard to— needs, opportunities, and priorities of the envi- established under paragraph (1); (A) cumulative impacts studies; (ii) the impact of the grant program on im- ronmental justice community at which the eligi- (B) health impacts studies; proving the ability of each participating State to ble entity proposes to conduct the project or ac- (C) relevant agency decisions; and address environmental justice issues; and tivity to address environmental justice concerns (D) operation and maintenance of necessary (iii) the activities carried out by each State to and improve the health or environment of the monitors; and reduce or eliminate disproportionately adverse environmental justice community, including ac- (2) performing environmental monitoring. human health or environmental effects on envi- tivities— (e) LIMITATIONS ON AMOUNT; RENEWAL.— ronmental justice communities in the State. (A) to create or develop collaborative partner- (1) AMOUNT.— (B) PUBLIC AVAILABILITY.—The Administrator ships; (A) IN GENERAL.—The amount of a grant shall make each report required under subpara- (B) to educate and provide outreach services under this section (excluding any renewals of graph (A) available to the public (including by to the environmental justice community; the grant) may not exceed $50,000 for any grant posting a copy of the report on the website of (C) to identify and implement projects to ad- the Environmental Protection Agency). recipient. dress environmental or public health concerns; (B) EXCEPTION.—The Administrator may (4) AUTHORIZATION OF APPROPRIATIONS.— or There is authorized to be appropriated to carry waive the limitation in subparagraph (A) with (D) to develop a comprehensive understanding respect to an applicant in any case where the out this subsection $15,000,000 for each of fiscal of environmental or public health issues. years 2021 through 2025. Administrator determines that such waiver is (5) REPORT.— necessary for the community involved to obtain (c) TRIBAL GRANT PROGRAM.— (A) IN GENERAL.—Not later than 1 year after (1) ESTABLISHMENT.—The Administrator shall the necessary technical assistance. the date of enactment of this Act, and annually establish a program under which the Adminis- (2) RENEWAL.—Grants may be renewed for thereafter, the Administrator shall submit to the trator shall provide grants to Tribal Govern- each step in the process for the permitting or Committees on Energy and Commerce and Nat- ments to enable the Indian Tribes— permit renewal of a solid waste disposal facility ural Resources of the House of Representatives (A) to establish culturally and linguistically or hazardous waste facility. and the Committees on Environment and Public appropriate protocols, activities, and mecha- SEC. 11012. ENVIRONMENTAL JUSTICE COMMU- Works and Energy and Natural Resources of the nisms for addressing issues relating to environ- NITY, STATE, AND TRIBAL GRANT Senate a report describing the ways by which mental justice; and PROGRAMS. the grant program under this subsection has (B) to carry out culturally and linguistically (a) ENVIRONMENTAL JUSTICE COMMUNITY helped community-based nonprofit organiza- appropriate activities to reduce or eliminate dis- GRANT PROGRAM.— tions address issues relating to environmental proportionately adverse human health or envi- (1) ESTABLISHMENT.—The Administrator shall justice. ronmental effects on environmental justice com- establish a program under which the Adminis- (B) PUBLIC AVAILABILITY.—The Administrator munities in Tribal and indigenous communities, trator shall provide grants to eligible entities to shall make each report required under subpara- including reducing economic vulnerabilities that assist the eligible entities in— graph (A) available to the public (including by result in the Tribal and indigenous communities (A) building capacity to address issues relat- posting a copy of the report on the website of being disproportionately affected. ing to environmental justice; and the Environmental Protection Agency). (2) ELIGIBILITY.— (B) carrying out any activity described in (6) AUTHORIZATION OF APPROPRIATIONS.— (A) APPLICATION.—To be eligible to receive a paragraph (4). There is authorized to be appropriated to carry grant under paragraph (1), a Tribal Government (2) ELIGIBILITY.—To be eligible to receive a out this subsection $25,000,000 for each of fiscal shall submit to the Administrator an application grant under paragraph (1), an eligible entity years 2021 through 2025. at such time, in such manner, and containing shall be a nonprofit, community-based organiza- (b) STATE GRANT PROGRAM.— such information as the Administrator may re- tion that conducts activities, including pro- (1) ESTABLISHMENT.—The Administrator shall quire, including— viding medical and preventive health services, to establish a program under which the Adminis- (i) a plan that contains a description of the reduce the disproportionate health impacts of trator shall provide grants to States to enable means by which the funds provided through a environmental pollution in the environmental the States— grant under paragraph (1) will be used to ad- justice community at which the eligible entity (A) to establish culturally and linguistically dress issues relating to environmental justice in proposes to conduct an activity that is the sub- appropriate protocols, activities, and mecha- Tribal and indigenous communities; and

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00136 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4855 (ii) assurances that the funds provided provided under this subsection to the public, in- ments of the National Environmental Policy Act through a grant under paragraph (1) will be cluding by posting on the website of the Envi- of 1969 (42 U.S.C. 4321 et seq.) for a proposed used only to supplement the amount of funds ronmental Protection Agency a copy of the Federal action that may affect an environ- that the Tribal Government allocates for initia- grant awards and an annual report at the be- mental justice community, a Federal agency tives relating to environmental justice. ginning of each fiscal year describing the re- shall— (B) ABILITY TO CONTINUE PROGRAM.—To be el- search findings associated with each grant pro- (1) consider all potential direct, indirect, and igible to receive a grant under paragraph (1), a vided under this subsection. cumulative impacts caused by the action, alter- Tribal Government shall demonstrate to the Ad- (5) AUTHORIZATION OF APPROPRIATIONS.— natives to such action, and mitigation measures ministrator that the Tribal Government has the There is authorized to be appropriated to carry on the environmental justice community re- ability to continue each program that is the sub- out this subsection $10,000,000 for each of fiscal quired by the National Environmental Policy ject of funds provided through a grant under years 2021 through 2025. Act of 1969 (42 U.S.C. 4321 et seq.); paragraph (1) after receipt of the funds. SEC. 11013. PROTECTIONS FOR ENVIRONMENTAL (2) require any public comment period carried (3) REPORT.— JUSTICE COMMUNITIES AGAINST out during the scoping phase of the environ- (A) IN GENERAL.—Not later than 1 year after HARMFUL FEDERAL ACTIONS. mental review process to be no less than 90 days; the date of enactment of this Act, and annually (a) PURPOSE; DEFINITIONS.— (3) provide early and meaningful community thereafter, the Administrator shall submit to the (1) PURPOSE.—The purpose of this section is to involvement opportunities by— Committees on Energy and Commerce and Nat- establish additional protections relating to Fed- (A) holding multiple hearings in such commu- ural Resources of the House of Representatives eral actions affecting environmental justice com- nity regarding the proposed Federal action in and the Committees on Environment and Public munities in recognition of the disproportionate each prominent language within the environ- Works and Energy and Natural Resources of the burden of adverse human health or environmental justice community; and Senate a report describing— mental effects faced by such communities. (B) providing notice of any step or action in (i) the implementation of the grant program (2) DEFINITIONS.—In this section: the National Environmental Policy Act process established under paragraph (1); (A) FEDERAL ACTION.—The term ‘‘Federal ac- that involves public participation to any rep- (ii) the impact of the grant program on im- tion’’ means a proposed action that requires the resentative entities or organizations present in proving the ability of each participating Indian preparation of an environmental impact state- the environmental justice community includ- Tribe to address environmental justice issues; ment, environmental assessment, categorical ex- ing— and clusion, or other document under the National (i) local religious organizations; (iii) the activities carried out by each Tribal Environmental Policy Act of 1969 (42 U.S.C. 4321 (ii) civic associations and organizations; Government to reduce or eliminate dispropor- et seq.). (iii) business associations of people of color; tionately adverse human health or environ- (B) ENVIRONMENTAL IMPACT STATEMENT.—The (iv) environmental and environmental justice mental effects on applicable environmental jus- term ‘‘environmental impact statement’’ means organizations, including community-based tice communities in Tribal and indigenous com- the detailed statement of environmental impacts grassroots organizations led by people of color; munities. of a proposed action required to be prepared (v) homeowners’, tenants’, and neighborhood (B) PUBLIC AVAILABILITY.—The Administrator pursuant to the National Environmental Policy watch groups; shall make each report required under subpara- Act of 1969 (42 U.S.C. 4321 et seq.). (vi) local and Tribal Governments; graph (A) available to the public (including by (b) PREPARATION OF A COMMUNITY IMPACT (vii) rural cooperatives; posting a copy of the report on the website of REPORT.—A Federal agency proposing to take a (viii) business and trade organizations; the Environmental Protection Agency). Federal action that has the potential to cause (ix) community and social service organiza- (4) AUTHORIZATION OF APPROPRIATIONS.— negative environmental or public health impacts tions; There is authorized to be appropriated to carry on an environmental justice community shall (x) universities, colleges, and vocational out this subsection $25,000,000 for each of fiscal prepare a community impact report assessing schools; years 2021 through 2025. the potential impacts of the proposed action. (xi) labor and other worker organizations; (d) COMMUNITY-BASED PARTICIPATORY RE- (c) CONTENTS.—The community impact report (xii) civil rights organizations; SEARCH GRANT PROGRAM.— described in subsection (b) shall— (xiii) senior citizens’ groups; and (1) ESTABLISHMENT.—The Administrator, in (1) assess the degree to which a proposed Fed- (xiv) public health agencies and clinics; and consultation with the Director, shall establish a eral action affecting an environmental justice (4) provide translations of publicly available program under which the Administrator shall community will cause multiple or cumulative ex- documents made available pursuant to the Na- provide not more than 25 multiyear grants to eli- posure to human health and environmental haz- tional Environmental Policy Act in any lan- gible entities to carry out community-based ards that influence, exacerbate or contribute to guage spoken by more than 5 percent of the pop- participatory research— adverse health outcomes; ulation residing within the environmental jus- (A) to address issues relating to environmental (2) assess relevant public health data and in- tice community. justice; dustry data concerning the potential for mul- (f) COMMUNICATION METHODS AND REQUIRE- (B) to improve the environment of residents tiple or cumulative exposure to human health or MENTS.—Any notice provided under subsection and workers in environmental justice commu- environmental hazards in the area of the envi- (e)(3)(B) shall be provided— nities; and ronmental justice community and historical pat- (1) through communication methods that are (C) to improve the health outcomes of resi- terns of exposure to environmental hazards and accessible in the environmental justice commu- dents and workers in environmental justice com- agencies shall assess these multiple, or cumu- nity. Such methods may include electronic munities. lative effects, even if certain effects are not media, newspapers, radio, direct mailings, can- (2) ELIGIBILITY.—To be eligible to receive a vassing, and other outreach methods particu- multiyear grant under paragraph (1), an eligible within the control or subject to the discretion of larly targeted at communities of color, low-in- entity shall be a partnership comprised of— the Federal agency proposing the Federal ac- (A) an accredited institution of higher edu- tion; come communities, and Tribal and indigenous cation; and (3) assess the impact of such proposed Federal communities; and (B) a community-based organization. action on such environmental justice commu- (2) at least 30 days before any hearing in such (3) APPLICATION.—To be eligible to receive a nity’s ability to access public parks, outdoor community or the start of any public comment multiyear grant under paragraph (1), an eligible spaces, and public recreation opportunities; period. entity shall submit to the Administrator an ap- (4) evaluate alternatives to or mitigation (g) REQUIREMENTS FOR ACTIONS REQUIRING AN plication at such time, in such manner, and measures for the proposed Federal action that ENVIRONMENTAL IMPACT STATEMENT.—For any containing such information as the Adminis- will— proposed Federal action affecting an environ- trator may require, including— (A) eliminate or reduce any identified expo- mental justice community requiring the prepara- (A) a detailed description of the partnership sure to human health and environmental haz- tion of an environmental impact statement, the of the eligible entity that, as determined by the ards described in paragraph (1) to a level that is Federal agency shall provide the following in- Administrator, demonstrates the participation of reasonably expected to avoid human health im- formation when giving notice of the proposed members of the community at which the eligible pacts in environmental justice communities; and action: entity proposes to conduct the research; and (B) not negatively impact an environmental (1) A description of the proposed action. (B) a description of— justice community’s ability to access public (2) An outline of the anticipated schedule for (i) the project proposed by the eligible entity; parks, outdoor spaces, and public recreation op- completing the process under the National Envi- and portunities; and ronmental Policy Act, with a description of key (ii) the ways by which the project will— (5) analyze any alternative developed by mem- milestones. (I) address issues relating to environmental bers of an affected environmental justice com- (3) An initial list of alternatives and potential justice; munity that meets the purpose and need of the impacts. (II) assist in the improvement of health out- proposed action. (4) An initial list of other existing or proposed comes of residents and workers in environmental (d) DELEGATION.—Federal agencies shall not sources of multiple or cumulative exposure to justice communities; and delegate responsibility for the preparation of a environmental hazards that contribute to higher (III) assist in the improvement of the environ- community impact report prepared under this rates of serious illnesses within the environment of residents and workers in environmental section to any other entity. mental justice community. justice communities. (e) NATIONAL ENVIRONMENTAL POLICY ACT (5) An agency point of contact. (4) PUBLIC AVAILABILITY.—The Administrator REQUIREMENTS FOR ENVIRONMENTAL JUSTICE (6) Timely notice of locations where comments shall make the results of the grants available COMMUNITIES.—When carrying out the require- will be received or public meetings held.

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00137 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4856 CONGRESSIONAL RECORD — HOUSE September 23, 2020 (7) Any telephone number or locations where tion or intimidation, because such person op- (3) other environmental stressors determined further information can be obtained. posed any program, policy, practice, or activity by the Administrator to impact public health. (h) NATIONAL ENVIRONMENTAL POLICY ACT prohibited by this title, or because such person (b) FINAL PROTOCOL.—Not later than 1 year REQUIREMENTS FOR INDIAN TRIBES.—When car- made a charge, testified, assisted, or partici- after the enactment of this section, the Adminis- rying out the requirements of the National Envi- pated in any manner in an investigation, pro- trator shall publish the final protocol for assess- ronmental Policy Act for a proposed Federal ac- ceeding, or hearing under this title.’’. ing and addressing the cumulative public health tion that may affect an Indian Tribe, a Federal SEC. 11015. RIGHT OF ACTION. risks associated with multiple environmental agency shall— (a) IN GENERAL.—Section 602 of the Civil stressors. (1) seek Tribal representation in the process in Rights Act of 1964 (42 U.S.C. 2000d–1) is amend- (c) IMPLEMENTATION.—Not later than 3 years a manner that is consistent with the govern- ed— after the enactment of this section, the Adminis- ment-to-government relationship between the (1) by inserting ‘‘(a)’’ before ‘‘Each Federal trator shall implement the protocol described United States and Tribal Governments, the Fed- department and agency which is empowered’’; under subsection (b). eral Government’s trust responsibility to feder- and TITLE XII—OTHER MATTERS (2) by adding at the end the following: ally recognized Tribes, and any treaty rights; Subtitle A—Blue Collar to Green Collar Jobs ‘‘(b) Any person aggrieved by the failure to (2) ensure that an Indian Tribe is invited to Development hold the status of a cooperating agency comply with this title, including any regulation PART 1—OFFICE OF ECONOMIC IMPACT, throughout the National Environmental Policy promulgated pursuant to this title, may file suit DIVERSITY, AND EMPLOYMENT Act process for any proposed action that could in any district court of the United States having impact an Indian Tribe including actions that jurisdiction of the parties, without respect to the SEC. 12101. NAME OF OFFICE. could impact off reservation lands and sacred amount in controversy and without regard to (a) IN GENERAL.—Section 211 of the Depart- sites; and the citizenship of the parties.’’. ment of Energy Organization Act (42 U.S.C. (3) invite an Indian Tribe to hold the status of (b) EFFECTIVE DATE.— 7141) is amended— a cooperating agency in accordance with para- (1) IN GENERAL.—This section, including the (1) in the section heading, by striking ‘‘MINOR- graph (2) no later than the commencement of amendments made by this section, takes effect ITY ECONOMIC IMPACT’’ and inserting ‘‘ECO- the scoping process for a proposed action requir- on the date of enactment of this Act. NOMIC IMPACT, DIVERSITY, AND EMPLOYMENT’’; (2) APPLICATION.—This section, including the ing the preparation of an environmental impact and amendments made by this section, applies to all statement. (2) in subsection (a), by striking ‘‘Office of actions or proceedings pending on or after the (i) AGENCY DETERMINATIONS.—Federal agency Minority Economic Impact’’ and inserting ‘‘Of- date of enactment of this Act. determinations about the analysis of a commu- fice of Economic Impact, Diversity, and Employ- nity impact report described in this section shall SEC. 11016. RIGHTS OF RECOVERY. ment’’. be subject to judicial review to the same extent Title VI of the Civil Rights Act of 1964 (42 (b) CONFORMING AMENDMENT.—The table of as any other analysis performed under the Na- U.S.C. 2000d et seq.) is amended by inserting contents for the Department of Energy Organi- tional Environmental Policy Act. after section 602 the following: zation Act is amended by amending the item re- (j) EFFECTIVE DATE.—This section shall take ‘‘SEC. 602A. ACTIONS BROUGHT BY AGGRIEVED lating to section 211 to read as follows: effect one year after the date of enactment of PERSONS. ‘‘Sec. 211. Office of Economic Impact, Diversity, this Act. ‘‘(a) CLAIMS BASED ON PROOF OF INTENTIONAL and Employment.’’. ISCRIMINATION (k) SAVINGS CLAUSE.—Nothing in this section D .—In an action brought by an SEC. 12102. ENERGY WORKFORCE DEVELOPMENT diminishes— aggrieved person under this title against a cov- PROGRAMS. (1) any right granted through the National ered entity who has engaged in unlawful inten- Section 211 of the Department of Energy Or- Environmental Policy Act of 1969 (42 U.S.C. 4321 tional discrimination (not a practice that is un- ganization Act (42 U.S.C. 7141) is amended— et seq.) to the public; or lawful because of its disparate impact) prohib- (1) by redesignating subsections (f) and (g) as (2) the requirements under that Act to con- ited under this title (including its implementing subsections (g) and (h), respectively; and sider direct, indirect, and cumulative impacts. regulations), the aggrieved person may recover (2) by inserting after subsection (e) the fol- equitable and legal relief (including compen- lowing: SEC. 11014. PROHIBITED DISCRIMINATION. satory and punitive damages), attorney’s fees ‘‘(f) The Secretary, acting through the Direc- Section 601 of the Civil Rights Act of 1964 (42 (including expert fees), and costs of the action, tor, shall support the establishment and execu- U.S.C. 2000d) is amended— except that punitive damages are not available tion of the programs described in sections 12111 (1) by striking ‘‘No’’ and inserting ‘‘(a) No’’; against a government, government agency, or and 12112 of the Clean Economy Jobs and Inno- and political subdivision. vation Act.’’. (2) by adding at the end the following: ‘‘(b) CLAIMS BASED ON THE DISPARATE IMPACT SEC. 12103. AUTHORIZATION. ‘‘(b)(1)(A) Discrimination (including exclusion STANDARD OF PROOF.—In an action brought by from participation and denial of benefits) based Subsection (h) of section 211 of the Depart- an aggrieved person under this title against a ment of Energy Organization Act (42 U.S.C. on disparate impact is established under this covered entity who has engaged in unlawful title if— 7141), as redesignated by section 12102 of this discrimination based on disparate impact pro- Act, is amended by striking ‘‘not to exceed ‘‘(i) an entity subject to this title (referred to hibited under this title (including implementing in this title as a ‘covered entity’) has a program, $3,000,000 for fiscal year 1979, not to exceed regulations), the aggrieved person may recover $5,000,000 for fiscal year 1980, and not to exceed policy, practice, or activity that causes a dis- attorney’s fees (including expert fees), and costs parate impact on the basis of race, color, or na- $6,000,000 for fiscal year 1981. Of the amounts so of the action.’’. appropriated each fiscal year, not less than 50 tional origin and the covered entity fails to dem- SEC. 11017. PUBLIC HEALTH RISKS ASSOCIATED onstrate that the challenged program, policy, percent shall be available for purposes of finan- WITH CUMULATIVE ENVIRON- cial assistance under subsection (e).’’ and in- practice, or activity is related to and necessary MENTAL STRESSORS. serting ‘‘$100,000,000 for each of fiscal years 2021 to achieve the nondiscriminatory goal of the (a) PROPOSED PROTOCOL.—Not later than 180 through 2025.’’. program, policy, practice, or activity alleged to days after the date of enactment of this section, have been operated in a discriminatory manner; the Administrator, in consultation with the Ad- PART 2—ENERGY WORKFORCE or visory Council, shall publish a proposal for a DEVELOPMENT ‘‘(ii) a less discriminatory alternative pro- protocol for assessing and addressing the cumu- SECTION 12111. ENERGY WORKFORCE DEVELOP- gram, policy, practice, or activity exists, and the lative public health risks associated with mul- MENT. covered entity refuses to adopt such alternative tiple environmental stressors. The Administrator (a) IN GENERAL.—Subject to the availability of program, policy, practice, or activity. shall allow 90 days for public comment on such appropriations for such purpose, the Secretary ‘‘(B) With respect to demonstrating that a proposal. The environmental stressors addressed of Labor and the Secretary of Energy, acting particular program, policy, practice, or activity under such proposal shall include— through the Director of the Office of Economic does not cause a disparate impact, the covered (1) impacts associated with global climate Impact, Diversity, and Employment, shall joint- entity shall demonstrate that each particular change, including extreme heat, extremes in ly establish and carry out a comprehensive, na- challenged program, policy, practice, or activity temperature change, drought, wildfires, sea tionwide program to improve education and does not cause a disparate impact, except that if level rise, flooding, storms, water shortage, food training for jobs in energy-related industries, in- the covered entity demonstrates to the courts shortage, ecosystem disruption, and the spread cluding manufacturing, engineering, construc- that the elements of the covered entity’s deci- of infectious disease; tion, and retrofitting jobs in such energy-related sion-making process are not capable of separa- (2) exposure to pollutants, emissions, dis- industries in order to the increase number of tion for analysis, the decision-making process charges, waste, chemicals, or other materials skilled workers trained to work in such energy- may be analyzed as 1 program, policy, practice, subject to regulation under the Clean Air Act, related industries, including by— or activity. the Federal Water Pollution Control Act, the (1) encouraging underrepresented groups, in- ‘‘(2) A demonstration that a program, policy, Safe Drinking Water Act, the Toxic Substances cluding religious and ethnic minorities, women, practice, or activity is necessary to achieve the Control Act, the Solid Waste Disposal Act, the veterans, individuals with disabilities, unem- goals of a program, policy, practice, or activity Comprehensive Environmental Response, Com- ployed energy workers, and socioeconomically may not be used as a defense against a claim of pensation, and Liability Act of 1980, the Emer- disadvantaged individuals to enter into the intentional discrimination under this title. gency Planning and Community Right-to-Know science, technology, engineering, and mathe- ‘‘(c) No person in the United States shall be Act of 1986, and other laws administered by the matics (in this section referred to as ‘‘STEM’’) subjected to discrimination, including retalia- Administrator; and fields;

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00138 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4857 (2) encouraging the Nation’s educational in- identification of jobs in energy-related indus- ers of state-of-the-art coal facilities, technology stitutions to equip students with the skills, tries for which there is the greatest demand; and vendors, coal transportation workers and opera- mentorships, training, and technical expertise (B) act as a resource for educational institu- tors, and mining equipment vendors. necessary to fill the employment opportunities tions and training programs and providers that (2) ENERGY EFFICIENCY AND CONSERVATION INI- vital to managing and operating the Nation’s would like to develop and implement training TIATIVES.—The guidelines or best practices de- energy-related industries; programs for such jobs. veloped under paragraph (1) shall include (3) providing students and other candidates (2) REPORT.—The Secretaries shall annually grade-specific guidelines for elementary schools for employment with the necessary skills and publish a report on the information and other and secondary schools for teaching energy effi- certifications for skilled jobs in such energy-re- resources developed, maintained, and updated ciency technology, architecture, design, and lated industries; and on the clearinghouse established under para- construction of new energy-efficient buildings (4) strengthening and more fully engaging De- graph (1), including— and building energy retrofits, manufacturing ef- partment of Energy programs and laboratories (A) a report providing comprehensive and deficiency technology, community energy resil- in carrying out the Department’s Minorities in tailed description of the workforce needs of such iency, and conservation initiatives. Energy Initiative. energy-related industries, and job opportunities (3) STEM EDUCATION.—The guidelines or best (b) DIRECT ASSISTANCE.— in such energy-related industries, by State and practices developed under paragraph (1) shall (1) IN GENERAL.—In carrying out the program by region; and promote STEM education and energy related established under subsection (a), the Secretaries (B) publish an annual report on job creation programs of study in educational institutions as may provide financial assistance awards, tech- in the energy-related industries described in it relates to job opportunities in energy-related nical assistance, and other assistance the Secre- subsection (f)(1). industries listed under such paragraph. taries determine appropriate, to educational in- (f) GUIDELINES TO DEVELOP SKILLS FOR AN (g) OUTREACH TO MINORITY SERVING INSTITU- stitutions and training programs and providers, ENERGY INDUSTRY WORKFORCE.— TIONS.—In carrying out the program established including those serving unemployed and under- (1) IN GENERAL.—In carrying out the program under subsection (a), the Secretaries shall— employed energy workers. established under subsection (a), the Secretaries, (1) give special consideration to increasing (2) DISTRIBUTION.—The Secretaries shall dis- in collaboration with the Secretary of Edu- outreach to minority-serving institutions; tribute assistance described in paragraph (1) in cation, the Secretary of Commerce, and the Na- (2) make resources available to minority-serv- a manner proportional to the needs of energy- tional Science Foundation, shall develop vol- ing institutions with the objective of increasing related industries and demand for jobs in en- untary guidelines or best practices for edu- the number of skilled minorities and women ergy-related industries, consistent with informa- cational institutions to help provide students trained for jobs in energy-related industries, in- tion developed under subsection (e), and to the with the skills necessary for jobs in energy-re- cluding manufacturing, engineering, construc- extent practicable, ensure a geographically di- lated industries, including jobs in— tion, and retrofitting jobs in such energy-related verse distribution, including a geographically (A) the energy efficiency industry, including industries; diverse distribution among regions of the coun- jobs in energy efficiency (including architecture, (3) encourage energy-related industries to im- try and among urban, suburban, and rural design, and construction of new energy efficient prove the opportunities for students of minority- areas. buildings), conservation, weatherization, retro- serving institutions to participate in industry (c) PRIORITY.—In carrying out the program fitting, inspecting, auditing, and software devel- internships, apprenticeships, and cooperative established under subsection (a) the Secretaries opment; work-study programs; and shall prioritize the education and training of in- (B) the renewable energy industry, including (4) partner with the Department of Energy dividuals from underrepresented populations for jobs in the development, engineering, manufac- laboratories to increase underrepresented jobs in energy-related industries. turing, and production of energy from renew- groups’ participation in internships, fellow- (d) COLLABORATION AND OUTREACH.—In car- able energy sources (such as solar, hydropower, ships, traineeships, and employment at all De- rying out the program established under sub- wind, and geothermal energy); partment of Energy laboratories. section (a), the Secretaries shall— (C) the community energy resiliency industry, (h) OUTREACH TO DISPLACED, UNEMPLOYED (1) collaborate with— including jobs in the installation of rooftop AND UNDEREMPLOYED ENERGYWORKERS.—In (A) to the maximum extent possible, State or solar, in battery storage, and in microgrid tech- carrying out the program established under sub- local workforce development boards and State nologies; section (a), the Secretaries shall— workforce agencies, to maximize program effi- (D) the fuel cell and hydrogen energy indus- (1) give special consideration to increasing ciency; try; outreach to employers and job trainers pre- (B) educational institutions and training pro- (E) the advanced automotive technology in- paring displaced, unemployed, and under- grams and providers; and dustry, including jobs relating to electric vehicle employed energy workers for emerging jobs in (C) employers and labor organizations in en- batteries, connectivity and automation, and ad- energy-related industries, including manufac- ergy-related industries providing opportunities vanced combustion engines; turing, engineering, construction, and retro- to participate in internships, fellowships, (F) the manufacturing industry, including fitting jobs in such energy-related industries; traineeships, and apprenticeships to students, jobs as operations technicians, in operations (2) make resources available to institutions including students of minority-serving institu- and design in additive manufacturing, 3–D serving displaced and unemployed energy work- tions and unemployed or underemployed energy printing, and advanced composites and ad- ers with the objective of increasing the number workers, and other candidates, such as under- vanced aluminum and other metal alloys, and in of individuals trained for jobs in energy-related represented populations; and industrial energy efficiency management sys- industries, including manufacturing, engineer- (2) conduct outreach activities to— tems, including power electronics, and other ining, construction, and retrofitting jobs in such (A) encourage individuals from underrep- novative technologies; energy-related industries; and resented populations and unemployed or under- (G) the chemical manufacturing industry, in- (3) encourage energy-related industries to im- employed energy workers to enter into the cluding jobs in construction (such as welders, prove opportunities for displaced and unem- STEM fields; and pipefitters, and tool and die makers), as instru- ployed energy workers to participate in industry (B) encourage and foster collaboration, ment and electrical technicians, machinists, internships, apprenticeships, and work-study mentorships, and partnerships among energy-re- chemical process operators, engineers, quality programs. lated industries, and training programs and pro- and safety professionals, and reliability engi- (i) AUTHORIZATION OF APPROPRIATIONS.— viders, that provide effective training programs neers; There is authorized to be appropriated to carry for jobs in energy-related industries and edu- (H) the utility industry, including jobs in out this section $15,000,000 for each of fiscal cational institutions that seek to establish these smart grid technology, cybersecurity manage- years 2021 through 2025. types of programs in order to share best prac- ment, and the generation, transmission, and dis- SEC. 12112. ENERGY WORKFORCE GRANT PRO- tices and approaches that best suit local, State, tribution of electricity and natural gas, such as GRAM. and national needs. electricians and utility dispatchers, technicians, (a) PROGRAM.— (e) CLEARINGHOUSE.— operators, lineworkers, engineers, scientists, and (1) ESTABLISHMENT.—Subject to the avail- (1) ESTABLISHMENT.—In carrying out the pro- information technology specialists; ability of appropriations for such purpose, the gram established under subsection (a), the Sec- (I) the alternative fuels industry, including Secretary of Labor and the Secretary of Energy, retary of Labor, in collaboration with Secretary jobs in biofuel and bioproducts development and acting through the Director of the Office of Eco- of Energy, the Secretary of Education, the Sec- production; nomic Impact, Diversity, and Employment, shall retary of Commerce, and the Director of the Bu- (J) the pipeline industry, including jobs in jointly establish and carry out a program to pro- reau of the Census, and energy-related indus- pipeline construction and maintenance and jobs vide grants to eligible entities to pay the eligible tries, shall establish a clearinghouse on a pub- as engineers and technical advisors; wages of, or eligible stipends for, individuals licly accessible website to— (K) the nuclear energy industry, including during the time period that such individuals are (A) develop, maintain, and update informa- jobs as scientists, engineers, technicians, mathe- receiving training to work in the renewable en- tion and other resources, by State and by re- maticians, and security personnel; ergy sector, energy efficiency sector, or grid gion, on— (L) the oil and gas industry, including jobs as modernization sector. (i) training programs for jobs in energy-re- scientists, engineers, technicians, mathemati- (2) GUIDELINES.—Not later than 60 days after lated industries; and cians, petrochemical engineers, and geologists; the date of enactment of this Act, the Secre- (ii) the current and future workforce needs of and taries, in consultation with stakeholders, con- energy-related industries, and job opportunities (M) the coal industry, including jobs as coal tractors, and organizations that work to ad- in such energy-related industries, including miners, engineers, developers and manufactur- vance existing residential energy efficiency,

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shall establish guidelines to identify training (d) PRIORITY FOR TARGETED COMMUNITIES.— in section 2 of the National Labor Relations Act that is eligible for purposes of the program es- In providing grants under the program estab- (29 U.S.C. 152). tablished pursuant to paragraph (1). lished under subsection (a), the Secretary shall (10) MINORITY-SERVING INSTITUTION.—The (b) ELIGIBILITY.— give priority to an eligible entity that— term ‘‘minority-serving institution’’ means an (1) IN GENERAL.—To be eligible to receive a (1) recruits or trains individuals who are— institution of higher education that is of one of grant under the program established under sub- (A) from the community that the eligible enti- the following: section (a), an eligible entity shall be directly ty serves; and (A) A Hispanic-serving institution (as defined involved with energy efficiency or renewable en- (B)(i) from underrepresented populations; or in section 502(a) of the Higher Education Act of ergy technology and provide services related (ii) unemployed or underemployed energy 1965 (20 U.S.C. 1101a(a))). to— workers; and (B) A Tribal College or University (as defined (A) renewable electric energy generation, in- (2) will provide individuals receiving training in section 316(b) of the Higher Education Act of cluding solar, wind, geothermal, hydropower, with the opportunity to obtain or retain employ- 1965 (20 U.S.C. 1059c(b))). and other renewable electric energy generation ment at an eligible entities. (C) An Alaska Native-serving institution (as (e) LIMIT.—An eligible entity may not receive technologies; defined in section 317(b) of the Higher Edu- (B) energy efficiency, including energy-effi- more than $100,000 under the program estab- cation Act of 1965 (20 U.S.C. 1059d(b))). cient lighting, heating, ventilation, and air con- lished under subsection (a) per fiscal year. (D) A Native Hawaiian-serving institution (as ditioning, air source heat pumps, advanced (f) REPORT.—The Secretaries shall submit to defined in section 317(b) of the Higher Edu- building materials, insulation and air sealing, Congress, annually for each year the program cation Act of 1965 (20 U.S.C. 1059d(b))). and other high-efficiency products and services, established under subsection (a) is carried out, a (E) A Predominantly Black Institution (as de- including auditing and inspection, architecture, report on such program, including— fined in section 318(b) of the Higher Education design, and construction of new energy efficient (1) an assessment of such program for the pre- Act of 1965 (20 U.S.C. 1059e(b))). buildings and building energy retrofits; vious year, including the number of jobs filled (C) grid modernization or energy storage, in- by individuals trained pursuant to such pro- (F) A Native American-serving nontribal insti- cluding smart grid, microgrid and other distrib- gram; and tution (as defined in section 319(b) of the Higher uted energy solutions, demand response man- (2) recommendations on how to improve such Education Act of 1965 (20 U.S.C. 1059f(b))). agement, and home energy management tech- program. (G) An Asian American and Native American nology; or (g) AUTHORIZATION OF APPROPRIATIONS.— Pacific Islander-serving institution (as defined (D) fuel cell and hybrid fuel cell generation. There is authorized to be appropriated to carry in section 320(b) of the Higher Education Act of (2) DEFINITIONS.—In this subsection, the fol- out this section $50,000,000 for each of fiscal 1965 (20 U.S.C. 1059g(b))). lowing terms apply: years 2021 through 2025. (H) A historically Black college or university (A) ELIGIBLE ENTITY.—The term ‘‘eligible enti- SEC. 12113. DEFINITIONS. (having the meaning given the term ‘‘part B in- ty’’ means— In this part: stitution’’ in section 322 of the Higher Edu- (i) an employer in an industry described in (1) CAREER AND TECHNICAL EDUCATION.—The cation Act of 1965 (20 U.S.C. 1061)). paragraph (1); or term ‘‘career and technical education’’ has the (11) QUALIFIED YOUTH OR CONSERVATION (ii) a labor organization, a joint-labor man- meaning given such term in section 3 or the Carl CORPS.—The term ‘‘qualified youth or conserva- agement organization, a State or local workforce D. Perkins Career and Technical Education Act tion corps’’ has the meaning given such term in board, or a training program or provider that of 2006 (20 U.S.C. 2302). section 203(11) of the Public Lands Corps Act of provides training to individuals to work for an (2) COMMUNITY-BASED ORGANIZATION.—The 1993 (16 U.S.C. 1722(11)). employer described in clause (i), or works on be- term ‘‘community-based organization’’ has the (12) SECRETARIES.—The term ‘‘Secretaries’’ half of any such employers. meaning given such term in section 3 of the means the Secretary of Labor and the Secretary (B) ELIGIBLE STIPEND.—The term ‘‘eligible sti- Workforce Innovation and Opportunity Act (29 of Energy. pend’’ means a stipend that meets the criteria U.S.C. 3102). (13) STATE OR LOCAL WORKFORCE DEVELOP- identified pursuant to the guidelines established (3) TRAINING PROGRAMS AND PROVIDERS.—The MENT BOARD.—The term ‘‘State or workforce de- under subsection (a)(2). term ‘‘training programs and providers’’ means velopment board’’ or ‘‘local workforce develop- (C) ELIGIBLE WAGES.—The term ‘‘eligible State or local workforce development boards, ment board’’ have the meanings given the terms wages’’ means wages that meet the criteria iden- community-based organizations, qualified youth ‘‘State board’’ and ‘‘local board’’, respectively, tified pursuant to the guidelines established or conservation corps, Job Corps authorized in section 3 of the Workforce Innovation and under subsection (a)(2). under subtitle C of title I the Workforce Innova- Opportunity Act (29 U.S.C. 3102). (c) USE OF GRANTS.— tion and Opportunity Act (29 U.S.C. 3101 et (14) STATE WORKFORCE AGENCY.—The term (1) ELIGIBLE WAGES.—An eligible entity with— (A) 20 or fewer employees may use a grant seq.), labor organizations, joint-labor manage- ‘‘State workforce agency’’ means the State provided under the program established under ment organizations, pre-apprenticeship pro- agency with responsibility for workforce invest- subsection (a) to pay up to— grams, and apprenticeship programs. ment activities under chapters 2 and 3 of sub- (i) 45 percent of an employee’s eligible wages (4) EDUCATIONAL INSTITUTION.—The term title B of title I of the Workforce Innovation and for the duration of the applicable training for ‘‘educational institution’’ means an elementary Opportunity Act (29 U.S.C. 3121 et seq., 3131 et such employee, if the training is provided by the school, secondary school, or institution of high- seq.). eligible entity; and er education, including educational institutions (15) STEM.—The term ‘‘STEM’’ means (ii) 90 percent of an employee’s eligible wages providing career and technical education pro- science, technology, engineering, and mathe- for the duration of the applicable training for grams and programs of study. matics. such employee, if the training is provided by an (5) ELEMENTARY SCHOOL AND SECONDARY (16) UNDERREPRESENTED POPULATIONS.—The entity other than the eligible entity; SCHOOL.—The terms ‘‘elementary school’’ and term ‘‘underrepresented populations’’ means a (B) 21 to 99 employees may use a grant pro- ‘‘secondary school’’ have the meanings given group of individuals (such as a group of individ- vided under the program established under sub- such terms in section 8101 of the Elementary and uals from the same gender or race), the members section (a) to pay up to— Secondary Education Act of 1965 (20 U.S.C. of which comprise fewer than 25 percent of the (i) 37.5 percent of an employee’s eligible wages 7801). individuals employed in occupations in energy- for the duration of the applicable training for (6) ENERGY-RELATED INDUSTRY.—The term related industries. ‘‘energy-related industry’’ includes the energy such employee, if the training is provided by the Subtitle B—Buy American and Wage Rate efficiency industry, renewable energy industry, eligible entity; and Requirements (ii) 75 percent of an employee’s eligible wages community energy resiliency industry, fuel cell for the duration of the applicable training for and hydrogen energy industry, advanced auto- SEC. 12201. USE OF AMERICAN IRON, STEEL, AND such employee, if the training is provided by an motive technology industry, chemical manufac- MANUFACTURED GOODS. entity other than the eligible entity; and turing industry, electric utility industry, gas (a) None of the funds made available pursu- (C) 100 employees or more may use a grant utility industry, alternative fuels industry, pipe- ant to this Act, or provisions of law added or provided under the program established under line industry, nuclear energy industry, oil and amended by this Act, may be used for a project subsection (a) to pay up to— gas industry, and coal industry. for the construction, alteration, maintenance, or (i) 25 percent of an employee’s eligible wages (7) INSTITUTION OF HIGHER EDUCATION.—The repair of a public building or public work unless for the duration of the applicable training for term ‘‘institution of higher education’’ has the all of the iron, steel, and manufactured goods such employee, if the training is provided by the meaning given such term in section 102 of the used in the project are produced in the United eligible entity; and Higher Education Act of 1965 (20 U.S.C. 1002), States. (ii) 50 percent of an employee’s eligible wages except that such term does not include institu- (b) Subsection (a) shall not apply in any case for the duration of the applicable training for tions described in subparagraph (A) or (C) of or category of cases in which the head of the such employee, if the training is provided by an subsection (a)(1) of such section 102. Federal department or agency involved finds entity other than the eligible entity. (8) JOBS IN ENERGY-RELATED INDUSTRIES.—The that— (2) STIPEND.—An eligible entity may use a term ‘‘jobs in energy-related industries’’ in- (1) applying subsection (a) would be incon- grant provided under the program established cludes manufacturing, engineering, construc- sistent with the public interest; under subsection (a) to pay up to 100 percent of tion, and retrofitting jobs in energy-related in- (2) iron, steel, and the relevant manufactured an eligible stipend for an individual for the du- dustries. goods are not produced in the United States in ration of the applicable training for such indi- (9) LABOR ORGANIZATION.—The term ‘‘labor sufficient and reasonably available quantities vidual. organization’’ has the meaning given such term and of a satisfactory quality; or

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00140 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4859 (3) inclusion of iron, steel, and manufactured Subtitle C—Natural Resources (E) a description of the entities involved in the goods produced in the United States will in- SEC. 12301. OFFSHORE WIND CAREER TRAINING industry or sector partnership; and crease the cost of the overall project by more GRANT PROGRAM. (F) a description of the activities the eligible than 25 percent. (a) GRANTS AUTHORIZED.—Beginning 180 days entity will carry out. (c) If the head of a Federal department or after the date of the enactment of this section, (f) CRITERIA FOR AWARD OF GRANTS.— agency determines that it is necessary to waive the Secretary may award offshore wind career (1) IN GENERAL.—Subject to appropriations, the application of subsection (a) based on a training grants to eligible entities for the pur- the Secretary shall award grants under this sec- finding under subsection (b), the head of the de- pose of establishing or expanding educational or tion based on an evaluation of— partment or agency shall publish in the Federal career training programs that provide individ- (A) the merits of the grant proposal; (B) the available or projected employment op- Register a detailed written justification as to uals in such programs skills and competencies portunities, including the projected wages and why the provision is being waived. necessary for employment in the offshore wind benefits, available to individuals who complete (d) This section shall be applied in a manner industry. the educational or career training program that consistent with United States obligations under (b) ALLOCATION OF GRANTS.— the eligible entity proposes to develop, offer, or international agreements. (1) LIMITATION ON GRANT QUANTITY AND improve; and SEC. 12202. WAGE RATE REQUIREMENTS. SIZE.—An eligible entity may not be awarded— (C) the availability and capacity of existing Notwithstanding any other provision of law (A) more than one grant under this section for educational or career training programs in the and in a manner consistent with other provi- which the eligible entity is the lead applicant; or community to meet future demand for such pro- sions in this Act, all laborers and mechanics em- (B) a grant under this section in excess of grams. ployed by contractors and subcontractors on $2,500,000. (2) PRIORITY.—Priority in awarding grants (2) ALLOCATION TO COMMUNITY COLLEGES.— projects funded directly by or assisted in whole under this section shall be given to an eligible or in part by and through the Federal Govern- Not less than 25 percent of the total amount awarded under this section for a fiscal year entity that— ment pursuant to this Act, or provisions of law (A) is— shall be awarded to eligible entities that are added or amended by this Act, shall be paid (i) an institution of higher education that has community colleges. wages at rates not less than those prevailing on formed a partnership with a labor organization (c) PARTNERSHIPS.—An eligible entity seeking projects of a character similar in the locality as or joint-labor management organization; or determined by the Secretary of Labor in accord- to receive a grant under this section shall estab- (ii) a labor organization or joint-labor man- ance with subchapter IV of chapter 31 of title lish or partner with one or more of the fol- agement organization that has formed a part- 40, United States Code. With respect to the labor lowing: nership with an institute of higher education; standards specified in this section, the Secretary (1) Another eligible entity (including an eligi- (B) has entered into a memorandum of under- of Labor shall have the authority and functions ble entity that is a community college). standing with one or more employers in the off- (2) A State or local government agency re- set forth in Reorganization Plan Numbered 14 of shore wind industry to partner on the establish- sponsible for education, workforce development 1950 (64 Stat. 1267; 5 U.S.C. App.) and section ment or expansion of programs funded under or offshore wind energy activities. 3145 of title 40, United States Code. this Act; (3) A qualified intermediary. SEC. 12203. APPRENTICESHIPS. (C) is located in an economically distressed (d) USE OF GRANT.—An eligible entity may use area; (a) IN GENERAL.—Any funds made available a grant awarded under this section for the fol- under this Act to fund an apprenticeship or pre- (D) serves a high number or high percentage lowing activities: of individuals who are— apprenticeship program shall only be used for, (1) Occupational skills training, including or provided to, apprenticeship and pre-appren- (i) dislocated workers (particularly workers curriculum development and class-room instruc- dislocated from the offshore oil and gas, onshore ticeship programs as defined this section, in- tion. cluding any funds awarded for the purposes of fossil fuel, nuclear energy, or fishing indus- (2) Safety and health training. tries); grants, contracts, or cooperative agreements, or (3) The provision of English language acquisi- the development, implementation, or administra- (ii) veterans, members of the reserve compo- tion and employability skills. nents of the Armed Forces, or former members of tion of a program funded in whole or part by (4) Individual referral and tuition assistance federal funds under this Act. such reserve components; for a community college training program. (iii) unemployed, underemployed, or discon- (b) APPRENTICESHIP DEFINED.—In this Act, (5) Career pathway development or expansion the term ‘‘apprenticeship’’ means an apprentice- nected; for offshore wind industry occupations. (iv) individuals with barriers to employment; ship— (6) The development or expansion of work- (v) in-school and out-of-school youth; or (1) registered under the Act of August 16, 1937 based learning or incumbent worker training (vi) formerly incarcerated, adjudicated, non- (commonly known as the ‘‘National Apprentice- programs aligned with career pathways in a violent offenders; ship Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 field related to the offshore wind industry, such (E) an eligible entity that proposes to serve a et seq.); and as paid internships, registered apprenticeships high percentage or number of low-income or mi- (2) that complies with the requirements of sub- and programs articulating to an apprenticeship nority students; or part A of part 29 of title 29, Code of Federal program, customized training, or transitional (F) demonstration of or established plans for Regulations, and part 30 of such title (as in ef- jobs. the eligible entity to be included on the list of el- fect on September 18, 2020). (7) Curriculum development at the under- igible providers of training services described in (c) PRE-APPRENTICESHIP DEFINED.—In this graduate and postgraduate levels. section 122(d) of the Workforce Innovation and Act, the term ‘‘pre-apprenticeship’’ or ‘‘pre-ap- (8) Development and support of offshore wind Opportunity Act (29 U.S.C. 3152(d)). prenticeship program’’ means a training model energy major, minor, or certificate programs. (3) GEOGRAPHIC DISTRIBUTION.—The Secretary or program that— (9) Such other activities, as determined by the shall, to the extent practicable, award grants (1) is designed to prepare participants to enter Secretary, to meet the purposes of this section. under this section in a manner that provides for an apprenticeship program; (e) GRANT PROPOSALS.— a reasonable geographic distribution, except (2) is carried out by a sponsor that has a writ- (1) SUBMISSION PROCEDURE FOR GRANT PRO- that the Secretary shall not be required to ten agreement with 1 or more sponsors of ap- POSALS.—An eligible entity seeking to receive a award grants equally among different regions of prenticeship programs; and grant under this section shall submit a grant the United States. (3) includes each of the following: proposal to the Secretary at such time, in such (g) MATCHING REQUIREMENTS.—A grant (A) Training (including a curriculum for the manner, and containing such information as the awarded under this section may not be used to training) aligned with industry standards re- Secretary may require. satisfy any non-Federal funds matching related to an apprenticeship program and re- (2) CONTENT OF GRANT PROPOSALS.—A grant quirement under any other provision of law. viewed and approved annually by sponsors of proposal submitted to the Secretary under this (h) GRANTEE DATA COLLECTION.— the apprenticeship program that are parties to section shall include a detailed description of— (1) IN GENERAL.—A grantee, with respect to the written agreement, and that will prepare (A) the specific project for which the grant the educational or career training program for participants by teaching the skills and com- proposal is submitted, including the manner in which the grantee received a grant under this petencies needed to enter 1 or more apprentice- which the grant will be used to develop, offer, or section, shall collect and report to the Secretary ship programs. improve an educational or career training pro- on an annual basis the following: (B) Hands-on training and theoretical edu- gram that will provide individuals in such pro- (A) The number of participants enrolled in the cation for participants that does not displace a gram the skills and competencies necessary for educational or career training program. paid employee. employment in the offshore wind industry; (B) The number of participants that have (C) A formal agreement with a sponsor of an (B) any previous experience of the eligible en- completed the educational or career training apprenticeship program that would enable par- tity in providing such educational or career programing the last 12 months. ticipants who successfully complete the pre-ap- training programs; (C) The services received by such participants, prenticeship program— (C) the extent to which such project will meet including a description of training, education, (i) to enter into the apprenticeship program if the educational or career training needs; and supportive services. a place in the program is available and if the (D) the quantitative data that demonstrates (D) The amount spent by the grantee per par- participant meets the qualifications of the ap- the demand for employment for such program in ticipant. prenticeship program; and the geographic area served by the eligible entity, (E) The percentage of job placement of partici- (ii) to earn credits towards the apprenticeship including wages and benefits for such employ- pants in the offshore wind industry or related program. ment; fields.

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(F) The percentage of employment retention— (6) CARL D. PERKINS CAREER AND TECHNICAL ‘‘(6) ELECTRIFICATION.—The term ‘electrifica- (i) if the eligible entity is not an institution of EDUCATION ACT TERMS.—The terms ‘‘area career tion’ means the installation, construction, or higher education, 1 year after completion of the and technical education school’’, ‘‘qualified use of end-use electric technology that replaces educational or career training program; or intermediary’’, ‘‘Tribal educational agency’’, existing fossil-fuel-based technology. (ii) if the eligible entity is an institution of and ‘‘work-based learning’’ have the meanings ‘‘(7) ENERGY EFFICIENCY.—The term ‘energy higher education, 1 year after completion of the given the terms in section 3 of the Carl D. Per- efficiency’ means any project, technology, func- educational or career training program or 1 year kins Career and Technical Education Act of tion, or measure that results in the reduction of after the participant is no longer enrolled in 2006 (20 U.S.C. 2302). energy use required to achieve the same level of such institution of higher education, whichever (7) WORKFORCE INNOVATION AND OPPORTUNITY service or output prior to the application of such is later. ACT TERMS.—The terms ‘‘career pathway’’, ‘‘dis- project, technology, function, or measure, or (G) The percentage of program participants located worker’’, ‘‘English language acquisi- substantially reduces greenhouse gas emissions who obtain a recognized postsecondary creden- tion’’, ‘‘in-school youth’’, ‘‘individuals with relative to emissions that would have occurred tial, or a secondary school diploma or its recog- barriers to employment’’, ‘‘industry or sector prior to the application of such project, tech- nized equivalent during participation in or partnership’’, ‘‘on-the-job training’’, ‘‘out-of- nology, function, or measure. within 1 year after exit from the program. school youth’’, ‘‘recognized postsecondary cre- ‘‘(8) FUEL SWITCHING.—The term ‘fuel switch- (2) DISAGGREGATION OF DATA.—The data col- dential’’, ‘‘supportive services’’, have the meaning’ means any project that replaces a fossil- lected and reported under this subsection shall ings given the terms in section 3 of the Work- fuel-based heating system with an electric-pow- be disaggregated by each population specified in force Innovation and Opportunity Act (29 ered system or one powered by biomass-gen- section 3(24) of the Workforce Innovation and U.S.C. 3102). erated heat. Opportunity Act (29 U.S.C. 3102(24)) and by SEC. 12302. DATA PRESERVATION. ‘‘(9) GREEN BANK.—The term ‘green bank’ race, ethnicity, sex, and age. Subsection (k) of the National Geological and means a dedicated public or nonprofit special- (3) ASSISTANCE FROM SECRETARY.—The Sec- Geophysical Data Preservation Program Act of ized finance entity that— retary shall assist grantees in the collection of 2005 (42 U.S.C. 15908(k)) is amended by striking ‘‘(A) is designed to drive private capital into data under this subsection by making available, ‘‘2006 through 2010’’ and inserting ‘‘2021 market gaps for low- and zero-emission goods where practicable, low-cost means of tracking through 2025’’. and services; the labor market outcomes of participants (in- ‘‘(B) uses finance tools to mitigate climate cluding through coordination with the Secretary Subtitle D—Clean Energy and Sustainability change; of Labor) and by providing standardized report- Accelerator ‘‘(C) does not take deposits; ing forms, where appropriate. The Secretary SEC. 12401. CLEAN ENERGY AND SUSTAINABILITY ‘‘(D) is funded by government, public, private, shall provide technical assistance and oversight ACCELERATOR. or charitable contributions; and to assist the eligible entities in applying for and Title XVI of the Energy Policy Act of 2005 ‘‘(E) invests or finances projects— administering grants. (Public Law 109–58, as amended) is amended by ‘‘(i) alone; or (j) GUIDELINES.—Not later than 90 days after adding at the end the following new subtitle: the date of the enactment of this section, the ‘‘Subtitle C—Clean Energy and Sustainability ‘‘(ii) in conjunction with other investors. Secretary shall— Accelerator ‘‘(10) QUALIFIED PROJECTS.—The term ‘qualified projects’ means the following kinds of tech- (1) promulgate guidelines for the submission of ‘‘SEC. 1621. DEFINITIONS. grant proposals; and nologies and activities that are eligible for fi- ‘‘In this subtitle: nancing and investment from the Clean Energy (2) publish and maintain such guidelines on a ‘‘(1) ACCELERATOR.—The term ‘Accelerator’ and Sustainability Accelerator, either directly or public website of the Secretary. means the Clean Energy and Sustainability Ac- through State and local green banks funded by (k) REPORTING REQUIREMENT.—Not later than celerator established under section 1622. the Clean Energy and Sustainability Accel- 18 months after the date of the enactment of this ‘‘(2) BOARD.—The term ‘Board’ means the section, and every 2 years thereafter, the Sec- Board of Directors of the Accelerator. erator: retary shall submit a report to the Committee on ‘‘(3) CHIEF EXECUTIVE OFFICER.—The term ‘‘(A) Renewable energy generation, including Natural Resources of the House of Representa- ‘chief executive officer’ means the chief execu- the following: tives, the Committee on Energy and Natural Re- tive officer of the Accelerator. ‘‘(i) Solar. sources of the Senate, the Committee on Edu- ‘‘(4) CLIMATE-IMPACTED COMMUNITIES.—The ‘‘(ii) Wind. cation and Labor of the House of Representa- term ‘climate-impacted communities’ includes— ‘‘(iii) Geothermal. tives, and the Committee on Health, Education, ‘‘(A) communities of color, which include any ‘‘(iv) Hydropower. Labor, and Pensions of the Senate on the grant geographically distinct area the population of ‘‘(v) Ocean and hydrokinetic. program established by this section. The report color of which is higher than the average popu- ‘‘(vi) Fuel cell. shall include a description of the grantees and lation of color of the State in which the commu- ‘‘(B) Building energy efficiency, fuel switch- the activities for which grantees used a grant nity is located; ing, and electrification. awarded under this section. ‘‘(B) communities that are already or are like- ‘‘(C) Industrial decarbonization. (l) AUTHORIZATION OF APPROPRIATIONS.— ly to be the first communities to feel the direct ‘‘(D) Grid technology such as transmission, There are authorized to be appropriated for pur- negative effects of climate change; distribution, and storage to support clean en- poses of this section $25,000,000 for each of fiscal ‘‘(C) distressed neighborhoods, demonstrated ergy distribution, including smart-grid applica- years 2021 through 2025. The Secretary may use by indicators of need, including poverty, child- tions. not more than 2 percent of the amount appro- hood obesity rates, academic failure, and rates ‘‘(E) Agriculture and forestry projects that re- priated for each fiscal year for administrative of juvenile delinquency, adjudication, or incar- duce net greenhouse gas emissions. expenses, including the expenses of providing ceration; ‘‘(F) Clean transportation, including the fol- the technical assistance and oversight activities. ‘‘(D) low-income communities, defined as any lowing: (m) DEFINITIONS.—In this section: census block group in which 30 percent or more ‘‘(i) Battery electric vehicles. (1) APPRENTICESHIP, APPRENTICESHIP PRO- of the population are individuals with low in- ‘‘(ii) Plug-in hybrid electric vehicles. GRAM.—The term ‘‘apprenticeship’’ or ‘‘appren- come; ‘‘(iii) Hydrogen vehicles. tice ‘‘(E) low-income households, defined as a ‘‘(iv) Other zero-emissions fueled vehicles. (1) COMMUNITY COLLEGE.—The term ‘‘commu- household with annual income equal to, or less ‘‘(v) Related vehicle charging and fueling in- nity college’’ has the meaning given the term than, the greater of— frastructure. ‘‘junior or community college’’ in section 312(f) ‘‘(i) an amount equal to 80 percent of the me- ‘‘(G) Climate resilient infrastructure. of the Higher Education Act of 1965 (20 U.S.C. dian income of the area in which the household ‘‘(H) Any other key areas identified by the 1058(f)). is located, as reported by the Department of Board as consistent with the mandate of the Ac- (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti- Housing and Urban Development; and celerator as described in section 1623. ty’’ means an entity that is— ‘‘(ii) 200 percent of the Federal poverty line; ‘‘(11) RENEWABLE ENERGY GENERATION.—The (A) an institution of higher education, as and term ‘renewable energy generation’ means elec- such term is defined in section 101 of the Higher ‘‘(F) rural areas, which include any area tricity created by sources that are continually Education Act of 1965 (20 U.S.C. 1001)); or other than— replenished by nature, such as the sun, wind, (B) a labor organization or a joint labor man- ‘‘(i) a city or town that has a population of and water. agement organization. greater than 50,000 inhabitants; and (3) GRANTEE.—The term ‘‘grantee’’ means an ‘‘(ii) any urbanized area contiguous and adja- ‘‘SEC. 1622. ESTABLISHMENT. eligible entity that has received a grant under cent to a city or town described in clause (i). ‘‘(a) IN GENERAL.—Not later than 1 year after this section. ‘‘(5) CLIMATE RESILIENT INFRASTRUCTURE.— the date of enactment of this subtitle, there (4) LEAD APPLICANT.—The term ‘‘lead appli- The term ‘climate resilient infrastructure’ means shall be established a nonprofit corporation to cant’’ means the eligible entity that is primarily any project that builds or enhances infrastruc- be known as the ‘Clean Energy and Sustain- responsible for the preparation, conduct, and ture so that such infrastructure— ability Accelerator’. administration of the project for which the ‘‘(A) is planned, designed, and operated in a ‘‘(b) LIMITATION.—The Accelerator shall not grant was awarded. way that anticipates, prepares for, and adapts be an agency or instrumentality of the Federal (5) SECRETARY.—The term ‘‘Secretary’’ means to changing climate conditions; and Government. the Secretary of the Interior, in consultation ‘‘(B) can withstand, respond to, and recover ‘‘(c) FULL FAITH AND CREDIT.—The full faith with the Secretary of Energy, the Secretary of rapidly from disruptions caused by these climate and credit of the United States shall not extend Education, and the Secretary of Labor. conditions. to the Accelerator.

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‘‘(d) NONPROFIT STATUS.—The Accelerator mittee of the Board in consultation with the risk ‘‘(1) SELECTION.—The initial members of the shall maintain its status as an organization ex- management committee of the Board. Board shall be selected as follows: empt from taxation under the Internal Revenue ‘‘SEC. 1625. START-UP DIVISION. ‘‘(A) APPOINTED MEMBERS.—Three members Code of 1986 (26 U.S.C. 1 et seq.). ‘‘There shall be within the Accelerator a shall be appointed by the President, with the ‘‘SEC. 1623. MANDATE. Start-up Division, which shall be responsible for advice and consent of the Senate, of whom no ‘‘The Accelerator shall make the United States providing technical assistance and start-up more than two shall belong to the same political a world leader in combating the causes and ef- funding to States and other political subdivi- party. fects of climate change through the rapid de- sions that do not have green banks to establish ‘‘(B) ELECTED MEMBERS.—Four members shall ployment of mature technologies and scaling of green banks in those States and political sub- be elected unanimously by the three members new technologies by maximizing the reduction of divisions, including by working with relevant appointed and confirmed pursuant to subpara- emissions in the United States for every dollar stakeholders in those States and political sub- graph (A). deployed by the Accelerator, including by— divisions. ‘‘(2) TERMS.—The terms of the initial members of the Board shall be as follows: ‘‘(1) providing financing support for invest- ‘‘SEC. 1626. ZERO-EMISSIONS FLEET AND RE- ments in the United States in low- and zero- LATED INFRASTRUCTURE FINANC- ‘‘(A) The three members appointed and con- emissions technologies and processes in order to ING PROGRAM. firmed under paragraph (1)(A) shall have initial rapidly accelerate market penetration; ‘‘Not later than 1 year after the date of estab- 5-year terms. ‘‘(2) catalyzing and mobilizing private capital lishment of the Accelerator, the Accelerator ‘‘(B) Of the four members elected under para- through Federal investment and supporting a shall explore the establishment of a program to graph (1)(B), two shall have initial 3-year terms, more robust marketplace for clean technologies, provide low- and zero-interest loans, up to 30 and two shall have initial 4-year terms. while avoiding competition with private invest- years in length, to any school, metropolitan ‘‘(c) SUBSEQUENT COMPOSITION AND TERMS.— ment; planning organization, or nonprofit organiza- ‘‘(1) SELECTION.—Except for the selection of ‘‘(3) enabling climate-impacted communities to tion seeking financing for the acquisition of the initial members of the Board for their initial benefit from and afford projects and investments zero-emissions vehicle fleets or associated infra- terms under subsection (b), the members of the that reduce emissions; structure to support zero-emissions vehicle Board shall be elected by the members of the ‘‘(4) providing support for workers and com- fleets. Board. ‘‘(2) DISQUALIFICATION.—A member of the munities impacted by the transition to a low- ‘‘SEC. 1627. PROJECT PRIORITIZATION AND RE- carbon economy; QUIREMENTS. Board shall be disqualified from voting for any position on the Board for which such member is ‘‘(5) supporting the creation of green banks ‘‘(a) EMISSIONS REDUCTION MANDATE.—In in- within the United States where green banks do vesting in projects that mitigate greenhouse gas a candidate. ‘‘(3) TERMS.—All members elected pursuant to not exist; and emissions, the Accelerator shall maximize the re- paragraph (1) shall have a term of 5 years. ‘‘(6) causing the rapid transition to a clean duction of emissions in the United States for ‘‘(d) QUALIFICATIONS.—The members of the energy economy without raising energy costs to every dollar deployed by the Accelerator. Board shall collectively have expertise in— end users and seeking to lower costs where pos- ‘‘(b) ENVIRONMENTAL JUSTICE ‘‘(1) the fields of clean energy, electric utili- sible. PRIORITIZATION.— ties, industrial decarbonization, clean transpor- ‘‘(1) IN GENERAL.—In order to address envi- ‘‘SEC. 1624. FINANCE AND INVESTMENT DIVISION. tation, resiliency, and agriculture and forestry ronmental justice needs, the Accelerator shall, ‘‘(a) IN GENERAL.—There shall be within the practices; as applicable, prioritize the provision of program Accelerator a finance and investment division, ‘‘(2) climate change science; benefits and investment activity that are ex- which shall be responsible for— ‘‘(3) finance and investments; and pected to directly or indirectly result in the de- ‘‘(1) the Accelerator’s greenhouse gas emis- ‘‘(4) environmental justice and matters related ployment of projects to serve, as a matter of offi- sions mitigation efforts by directly financing to the energy and environmental needs of cli- cial policy, climate-impacted communities. qualifying projects or doing so indirectly by pro- mate-impacted communities. ‘‘(2) MINIMUM PERCENTAGE.—The Accelerator viding capital to State and local green banks; ‘‘(e) RESTRICTION ON MEMBERSHIP.—No officer shall ensure that over the 30-year period of its ‘‘(2) originating, evaluating, underwriting, or employee of the Federal or any other level of charter 20 percent of its investment activity is and closing the Accelerator’s financing and in- government may be appointed or elected as a directed to serve climate-impacted communities. vestment transactions in qualified projects; member of the Board. ‘‘(c) CONSUMER PROTECTION.— ‘‘(3) partnering with private capital providers ‘‘(f) QUORUM.—Five members of the Board ‘‘(1) PRIORITIZATION.—Consistent with man- and capital markets to attract coinvestment shall constitute a quorum. date under section 1623 to maximize the reduc- from private banks, investors, and others in ‘‘(g) BYLAWS.— tion of emissions in the United States for every order to drive new investment into underpene- ‘‘(1) IN GENERAL.—The Board shall adopt, and dollar deployed by the Accelerator, the Accel- trated markets, to increase the efficiency of pri- may amend, such bylaws as are necessary for erator shall prioritize qualified projects accord- vate capital markets with respect to investing in the proper management and functioning of the ing to benefits conferred on consumers and af- greenhouse gas reduction projects, and to in- Accelerator. fected communities. crease total investment caused by the Accel- ‘‘(2) OFFICERS.—In the bylaws described in ‘‘(2) CONSUMER CREDIT PROTECTION.—The Ac- erator; paragraph (1), the Board shall— ‘‘(4) managing the Accelerator’s portfolio of celerator shall ensure that any residential en- ‘‘(A) designate the officers of the Accelerator; assets to ensure performance and monitor risk; ergy efficiency or distributed clean energy and ‘‘(5) ensuring appropriate debt and risk miti- project in which the Accelerator invests directly ‘‘(B) prescribe the duties of those officers. gation products are offered; and or indirectly complies with the requirements of ‘‘(h) VACANCIES.—Any vacancy on the Board ‘‘(6) overseeing prudent, noncontrolling equity the Consumer Credit Protection Act (15 U.S.C. shall be filled through election by the Board. investments. 1601 et seq.), including, in the case of a finan- ‘‘(i) INTERIM APPOINTMENTS.—A member elect- ‘‘(b) PRODUCTS AND INVESTMENT TYPES.—The cial product that is a residential mortgage loan, ed to fill a vacancy occurring before the expira- finance and investment division of the Accel- any requirements of title I of that Act relating tion of the term for which the predecessor of erator may provide capital to qualified projects to residential mortgage loans (including any that member was appointed or elected shall in the form of— regulations promulgated by the Bureau of Con- serve for the remainder of the term for which ‘‘(1) senior, mezzanine, and subordinated sumer Financial Protection under section the predecessor of that member was appointed or debt; 129C(b)(3)(C) of that Act (15 U.S.C. elected. ‘‘(2) credit enhancements including loan loss 1639c(b)(3)(C))). ‘‘(j) REAPPOINTMENT.—A member of the Board reserves and loan guarantees; ‘‘(d) LABOR.— may be elected for not more than one additional ‘‘(3) aggregation and warehousing; ‘‘(1) IN GENERAL.—The Accelerator shall en- term of service as a member of the Board. ‘‘(4) equity capital; and sure that laborers and mechanics employed by ‘‘(k) CONTINUATION OF SERVICE.—A member of ‘‘(5) any other financial product approved by contractors and subcontractors in construction the Board whose term has expired may continue the Board. work financed directly by the Accelerator will to serve on the Board until the date on which a ‘‘(c) STATE AND LOCAL GREEN BANK CAPITAL- be paid wages not less than those prevailing on successor member is elected. IZATION.—The finance and investment division similar construction in the locality, as deter- ‘‘(l) CHIEF EXECUTIVE OFFICER.—The Board of the Accelerator shall make capital available mined by the Secretary of Labor under sections shall appoint a chief executive officer who shall to State and local green banks to enable such 3141 through 3144, 3146, and 3147 of title 40, be responsible for— banks to finance qualifying projects in their United States Code. ‘‘(1) hiring employees of the Accelerator; markets that are better served by a locally based ‘‘(2) PROJECT LABOR AGREEMENT.—The Accel- ‘‘(2) establishing the two divisions of the Ac- entity, rather than through direct investment by erator shall ensure that projects financed di- celerator described in sections 1624 and 1625; the Accelerator. rectly by the Accelerator with total capital costs and ‘‘(d) INVESTMENT COMMITTEE.—The debt, risk of $100,000,000 or greater utilize a project labor ‘‘(3) performing any other tasks necessary for mitigation, and equity investments made by the agreement. the day-to-day operations of the Accelerator. Accelerator shall be— ‘‘SEC. 1628. BOARD OF DIRECTORS. ‘‘(m) ADVISORY COMMITTEE.— ‘‘(1) approved by the investment committee of ‘‘(a) IN GENERAL.—The Accelerator shall oper- ‘‘(1) ESTABLISHMENT.—The Accelerator shall the Board; and ate under the direction of a Board of Directors, establish an advisory committee (in this sub- ‘‘(2) consistent with an investment policy that which shall be composed of seven members. section referred to as the ‘advisory committee’), has been established by the investment com- ‘‘(b) INITIAL COMPOSITION AND TERMS.— which shall be composed of not more than 13

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members appointed by the Board on the rec- ‘‘(d) REPORT.—The Accelerator shall submit regulations as may be prescribed by the Comp- ommendation of the president of the Accel- on a quarterly basis to the relevant committees troller General of the United States. erator. of Congress a report that describes the financial ‘‘SEC. 1632. MAXIMUM CONTINGENT LIABILITY. ‘‘(2) MEMBERS.—Members of the advisory com- activities, emissions reductions, and private cap- ‘‘The maximum contingent liability of the Ac- mittee shall be broadly representative of inter- ital mobilization metrics of the Accelerator for celerator that may be outstanding at any time ests concerned with the environment, produc- the previous quarter. shall be not more than $70,000,000,000 in the ag- tion, commerce, finance, agriculture, forestry, ‘‘(e) RESTRICTION.—The Accelerator shall not gregate.’’. labor, services, and State Government. Of such accept deposits. Subtitle E—Scientific Integrity members— ‘‘(f) COMMITTEES.—The Board shall establish SEC. 12501. SENSE OF CONGRESS. ‘‘(A) not fewer than three shall be representa- committees and subcommittees, including— It is the sense of Congress that— tives of the small business community; ‘‘(1) an investment committee; and (1) science and the scientific process should ‘‘(B) not fewer than two shall be representa- ‘‘(2) in accordance with section 1630— help inform and guide public policy decisions on tives of the labor community, except that no two ‘‘(A) a risk management committee; and a wide range of issues, including improvement of members may be from the same labor union; ‘‘(B) an audit committee. public health, protection of the environment, ‘‘(C) not fewer than two shall be representa- ‘‘SEC. 1630. ESTABLISHMENT OF RISK MANAGE- and protection of national security; tives of the environmental nongovernmental or- MENT COMMITTEE AND AUDIT COM- (2) the public must be able to trust the science ganization community, except that no two mem- MITTEE. and scientific process informing public policy bers may be from the same environmental orga- ‘‘(a) IN GENERAL.—To assist the Board in ful- decisions; nization; filling the duties and responsibilities of the (3) science, the scientific process, and the com- ‘‘(D) not fewer than two shall be representa- Board under this subtitle, the Board shall estab- munication of science should be free from poli- tives of the environmental justice nongovern- lish a risk management committee and an audit tics, ideology, and financial conflicts of interest; mental organization community, except that no committee. (4) policies and procedures that ensure the in- two members may be from the same environ- ‘‘(b) DUTIES AND RESPONSIBILITIES OF RISK tegrity of the conduct and communication of mental organization; MANAGEMENT COMMITTEE.—Subject to the direc- publicly funded science are critical to ensuring ‘‘(E) not fewer than two shall be representation of the Board, the risk management com- public trust; tives of the consumer protection and fair lend- mittee established under subsection (a) shall es- (5) a Federal agency that funds, conducts, or ing community, except that no two members may tablish policies for and have oversight responsi- oversees research should not suppress, alter, be from the same consumer protection or fair bility for— interfere with, or otherwise impede the timely lending organization; and ‘‘(1) formulating the risk management policies communication and open exchange of data and ‘‘(F) not fewer than two shall be representa- of the operations of the Accelerator; findings to other agencies, policymakers, and tives of the financial services industry with ‘‘(2) reviewing and providing guidance on op- the public of research conducted by a scientist knowledge of and experience in financing trans- eration of the global risk management frame- or engineer employed or contracted by a Federal actions for clean energy and other sustainable work of the Accelerator; agency that funds, conducts, or oversees sci- infrastructure assets. ‘‘(3) developing policies for— entific research; ‘‘(3) MEETINGS.—The advisory committee shall ‘‘(A) investment; (6) Federal agencies that fund, conduct, or meet not less frequently than once each quarter. ‘‘(B) enterprise risk management; oversee research should work to prevent the ‘‘(4) DUTIES.—The advisory committee shall— ‘‘(C) monitoring; and suppression or distortion of the data and find- ‘‘(A) advise the Accelerator on the programs ‘‘(D) management of strategic, reputational, ings; undertaken by the Accelerator; and regulatory, operational, developmental, environ- (7) under the First Amendment to the Con- ‘‘(B) submit to the Congress an annual report mental, social, and financial risks; and stitution, citizens of the United States have the with comments from the advisory committee on ‘‘(4) developing the risk profile of the Accel- right to ‘‘petition the government for a redress the extent to which the Accelerator is meeting erator, including— of grievances’’; and the mandate described in section 1623, including ‘‘(A) a risk management and compliance (8) Congress has further protected those rights any suggestions for improvement. framework; and under section 7211 of title 5, United States Code, ‘‘(n) CHIEF RISK OFFICER.— ‘‘(B) a governance structure to support that which states, ‘‘the right of employees, individ- ‘‘(1) APPOINTMENT.—Subject to the approval framework. ually or collectively, to petition Congress or a of the Board, the chief executive officer shall ‘‘(c) DUTIES AND RESPONSIBILITIES OF AUDIT member of Congress . . . may not be interfered appoint a chief risk officer from among individ- COMMITTEE.—Subject to the direction of the with or denied’’. uals with experience at a senior level in finan- Board, the audit committee established under SEC. 12502. AMENDMENT TO AMERICA COMPETES cial risk management, who— subsection (a) shall have oversight responsibility ACT. ‘‘(A) shall report directly to the Board; and for— Section 1009 of the America COMPETES Act ‘‘(B) shall be removable only by a majority ‘‘(1) the integrity of— (42 U.S.C. 6620) is amended by striking sub- vote of the Board. ‘‘(A) the financial reporting of the Accel- sections (a) and (b) and inserting the following: ‘‘(2) DUTIES.—The chief risk officer, in coordi- erator; and ‘‘(a) SCIENTIFIC INTEGRITY POLICIES.— nation with the risk management and audit ‘‘(B) the systems of internal controls regard- ‘‘(1) IN GENERAL.—Not later than 90 days after committees established under section 1631, shall ing finance and accounting; the date of enactment of the Scientific Integrity develop, implement, and manage a comprehen- ‘‘(2) the integrity of the financial statements Act, the head of each covered agency shall— sive process for identifying, assessing, moni- of the Accelerator; ‘‘(A) adopt and enforce a scientific integrity toring, and limiting risks to the Accelerator, in- ‘‘(3) the performance of the internal audit policy in accordance with subsections (b) and cluding the overall portfolio diversification of function of the Accelerator; and (c); and the Accelerator. ‘‘(4) compliance with the legal and regulatory ‘‘(B) submit such policy to the Director of the Office of Science and Technology Policy for ap- ‘‘SEC. 1629. ADMINISTRATION. requirements related to the finances of the Ac- proval. ‘‘(a) CAPITALIZATION.— celerator. ‘‘(2) PUBLICATION.—Not later than 30 days ‘‘(1) IN GENERAL.—To the extent and in the ‘‘SEC. 1631. OVERSIGHT. after the Director of the Office of Science and amounts provided in advance in appropriations ‘‘(a) EXTERNAL OVERSIGHT.—The inspector Technology Policy approves the scientific integ- Acts, the Secretary of Energy shall transfer to general of the Department of Energy shall have rity policy under paragraph (1), the head of the Accelerator— oversight responsibilities over the Accelerator. each covered agency shall— ‘‘(A) $10,000,000,000 on the date on which the ‘‘(b) REPORTS AND AUDIT.— ‘‘(A) make such policy available to the public Accelerator is established under section 1622; ‘‘(1) ANNUAL REPORT.—The Accelerator shall on the website of the agency; and and publish an annual report which shall be trans- ‘‘(B) submit such policy to the relevant Com- ‘‘(B) $2,000,000,000 on October 1 of each of the mitted by the Accelerator to the President and mittees of Congress. 5 fiscal years following that date. the Congress. ‘‘(b) REQUIREMENTS.—A scientific integrity ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) ANNUAL AUDIT OF ACCOUNTS.—The ac- policy under subsection (a)— For purposes of the transfers under paragraph counts of the Accelerator shall be audited annu- ‘‘(1) shall prohibit any covered individual (1), there are authorized to be appropriated— ally. Such audits shall be conducted in accord- from— ‘‘(A) $10,000,000,000 for the fiscal year in ance with generally accepted auditing stand- ‘‘(A) engaging in dishonesty, fraud, deceit, which the Accelerator is established under sec- ards by independent certified public account- misrepresentation, coercive manipulation, or tion 1622; and ants who are certified by a regulatory authority other scientific or research misconduct; ‘‘(B) $2,000,000,000 for each of the 5 suc- of the jurisdiction in which the audit is under- ‘‘(B) suppressing, altering, interfering with, ceeding fiscal years. taken. delaying without scientific merit, or otherwise ‘‘(b) CHARTER.—The Accelerator shall estab- ‘‘(3) ADDITIONAL AUDITS.—In addition to the impeding the release and communication of, sci- lish a charter, the term of which shall be 30 annual audits under paragraph (2), the finan- entific or technical findings; years. cial transactions of the Accelerator for any fis- ‘‘(C) intimidating or coercing an individual to ‘‘(c) OPERATIONAL FUNDS.—To sustain oper- cal year during which Federal funds are avail- alter or censor, attempting to intimidate or co- ations, the Accelerator shall manage revenue able to finance any portion of its operations erce an individual to alter or censor, or retali- from financing fees, interest, repaid loans, and may be audited by the Government Account- ating against an individual for failure to alter other types of funding. ability Office in accordance with such rules and or censor, scientific or technical findings; or

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00144 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4863 ‘‘(D) implementing an institutional barrier to ‘‘(3) direct the activities and duties described Clean Economy Jobs and Innovation Act, and cooperation with scientists outside the covered in subsections (e), (f), and (g); and quinquennially thereafter, the head of each cov- agency and the timely communication of sci- ‘‘(4) work closely with the inspector general of ered agency shall submit the scientific integrity entific or technical findings; the covered agency, as appropriate. policy to the Office of Science and Technology ‘‘(2) shall allow a covered individual to— ‘‘(e) ADMINISTRATIVE PROCESS AND TRAIN- Policy for review and approval. ‘‘(A) disseminate scientific or technical find- ING.—Not later than 180 days after the date of ‘‘(i) COMPTROLLER GENERAL REVIEW.—Not ings, subject to existing law, by— enactment of this Act, the head of each covered later than 2 years after the date of the enact- ‘‘(i) participating in scientific conferences; agency shall establish— ment of the Clean Economy Jobs and Innovation and ‘‘(1) an administrative process and adminis- Act, the Comptroller General shall conduct a re- ‘‘(ii) seeking publication in online and print trative appeal process for dispute resolution view of the implementation of the scientific in- publications through peer-reviewed, profes- consistent with the scientific integrity policy of tegrity policy by each covered agency. sional, or scholarly journals; the covered agency adopted under subsection ‘‘(j) DEFINITIONS.—In this section: ‘‘(B) sit on scientific advisory or governing (a); and ‘‘(1) AGENCY.—The term ‘agency’ has the boards; ‘‘(2) a training program to provide— meaning given the term in section 551 of title 5, ‘‘(C) join or hold leadership positions on sci- ‘‘(A) regular scientific integrity and ethics United States Code. entific councils, societies, unions, and other pro- training to employees and contractors of the ‘‘(2) COVERED AGENCY.—The term ‘covered fessional organizations; covered agency; agency’ means an agency that funds, conducts, ‘‘(D) contribute to the academic peer-review ‘‘(B) new covered employees with training or oversees scientific research. process as reviewers or editors; and within one month of commencing employment; ‘‘(3) COVERED INDIVIDUAL.—The term ‘covered ‘‘(E) participate and engage with the sci- ‘‘(C) information to ensure that covered indi- individual’ means a Federal employee or con- entific community; viduals are fully aware of their rights and re- tractor who— ‘‘(3) may require a covered individual to, be- sponsibilities regarding the conduct of scientific ‘‘(A) is engaged in, supervises, or manages sci- fore disseminating scientific or technical find- research, publication of scientific research, and entific activities; ings as described in paragraph (2)(A), submit communication with the media and the public ‘‘(B) analyzes or publicly communicates infor- such findings to the agency for the purpose of regarding scientific research; and mation resulting from scientific activities; or review by the agency of the data and findings ‘‘(D) information to ensure that covered indi- ‘‘(C) uses scientific information or analyses in for technical accuracy if the scientific integrity viduals are fully aware of their rights and re- making bureau, office, or agency policy, man- policy outlines a clear and consistent process for sponsibilities for administrative hearings and agement, or regulatory decisions. such review; and appeals established in the covered agency’s sci- ‘‘(4) RELEVANT COMMITTEES OF CONGRESS.— ‘‘(4) shall require that— entific integrity policy. The term ‘relevant Committees of Congress’ ‘‘(A) scientific conclusions are not made based ‘‘(f) REPORTING.— means— on political considerations; ‘‘(1) ANNUAL REPORT.—Each year, each Sci- ‘‘(A) the Committee on Commerce, Science, ‘‘(B) the selection and retention of candidates entific Integrity Officer appointed by a covered and Transportation of the Senate; and for science and technology positions in the cov- agency under subsection (d) shall post an an- ‘‘(B) the Committee on Science, Space, and ered agency are based primarily on the can- nual report on the public website of the covered Technology of the House of Representatives.’’. didate’s expertise, scientific credentials, experi- agency that includes, for the year covered by SEC. 12503. EXISTING POLICIES; CLARIFICATION. ence, and integrity; the report— (a) EXISTING SCIENTIFIC INTEGRITY POLI- ‘‘(C) personnel actions regarding covered indi- ‘‘(A) the number of complaints of misconduct CIES.—Notwithstanding the amendments made viduals, except for political appointees, are not with respect to the scientific integrity policy by this subtitle, a covered agency’s scientific in- taken on the basis of political consideration or adopted under subsection (a)— tegrity policy that was in effect on the day be- ideology; ‘‘(i) filed for administrative redress; fore the date of enactment of this Act may sat- ‘‘(D) covered individuals adhere to the highest ‘‘(ii) petitioned for administrative appeal; and isfy the requirements under the amendments ethical and professional standards in con- ‘‘(iii) still pending from years prior to the year made by this subtitle if the head of the covered ducting their research and disseminating their covered by the report, if any; agency— findings; ‘‘(B) an anonymized summary of each such (1) makes a written determination that the ‘‘(E) the appropriate rules, procedures, and complaint and the results of each such com- policy satisfies such requirements; and safeguards are in place to ensure the integrity plaint; and (2) submits the written determination and the of the scientific process within the covered agen- ‘‘(C) any changes made to the scientific integ- policy to the Director of the Office of Science cy; and Technology Policy for review and approval. ‘‘(F) scientific or technological information rity policy. ‘‘(2) INCIDENT REPORT.— (b) CLARIFICATION.—Nothing in this subtitle considered in policy decisions is subject to well- ‘‘(A) IN GENERAL.—Not later than 30 days shall affect the application of United States established scientific processes, including peer after the date on which an incident described in copyright law. review where appropriate; subparagraph (B) occurs, the head of a covered (c) COVERED AGENCY DEFINED.—The term ‘‘(G) procedures, including procedures with ‘‘covered agency’’ has the meaning given the respect to applicable whistleblower protections, agency shall submit a report describing the incident to the Office of Science and Technology term in section 1009 of the America COMPETES are in place as are necessary to ensure the in- Act (42 U.S.C. 6620). tegrity of scientific and technological informa- Policy and the relevant Committees of Congress. tion and processes on which the covered agency ‘‘(B) INCIDENT.—An incident described under Subtitle F—Other Matters relies in its decision making or otherwise uses; this paragraph is an incident in which an indi- SEC. 12601. AUTHORIZATION. and vidual, acting outside the channels established Section 112(a)(1)(B) of the Uranium Mill ‘‘(H) enforcement of such policy is consistent under subsection (e), overrules the decision of Tailings Radiation Control Act of 1978 (42 with the processes for an administrative hearing the Scientific Integrity Officer with respect to a U.S.C. 7922(a)(1)(B)) is amended by striking and an administrative appeal. dispute regarding a violation of the scientific in- ‘‘September 30, 2023’’ and inserting ‘‘September ‘‘(c) IMPLEMENTATION.—In carrying out sub- tegrity policy. 30, 2031’’. FFICE OF CIENCE AND ECHNOLOGY section (a), the head of each covered agency ‘‘(g) O S T SEC. 12602. ADDRESSING INSUFFICIENT COM- shall— POLICY.—The Director of the Office of Science PENSATION OF EMPLOYEES AND ‘‘(1) design the scientific integrity policy to and Technology Policy shall— OTHER PERSONNEL OF THE FED- apply with respect to the covered agency; ‘‘(1) collate, organize, and publicly share all ERAL ENERGY REGULATORY COM- ‘‘(2) ensure that such policy is clear with re- information it receives under subsection (f) in MISSION. spect to what activities are permitted and what one place on its own website; and (a) IN GENERAL.—Section 401 of the Depart- activities are not permitted; ‘‘(2) on an annual basis, convene the Sci- ment of Energy Organization Act (42 U.S.C. ‘‘(3) ensure that there is a process for individ- entific Integrity Officer of each covered agency 7171) is amended by adding at the end the fol- uals not employed or contracted by the agency, appointed under subsection (d) to discuss best lowing: including grantees, collaborators, partners, and practices for implementing the requirements of ‘‘(k) ADDRESSING INSUFFICIENT COMPENSATION volunteers, to report violations of the scientific this section. OF EMPLOYEES AND OTHER PERSONNEL OF THE integrity policy; ‘‘(h) PERIODIC REVIEW AND APPROVAL.— COMMISSION.— ‘‘(4) enforce such policy uniformly throughout ‘‘(1) INTERNAL REVIEW.—The head of each ‘‘(1) IN GENERAL.—Notwithstanding any other the covered agency; and covered agency shall periodically conduct a re- provision of law, if the Chairman publicly cer- ‘‘(5) make such policy available to the public, view of the scientific integrity policy and tifies that compensation for a category of em- employees, private contractors, and grantees of change such policy as appropriate. ployees or other personnel of the Commission is the covered agency. ‘‘(2) REVIEW BY THE OFFICE OF SCIENCE AND insufficient to retain or attract employees and ‘‘(d) SCIENTIFIC INTEGRITY OFFICER.—Not TECHNOLOGY POLICY.— other personnel to allow the Commission to later than 90 days after the date of enactment of ‘‘(A) REVIEW OF SUBSTANTIAL UPDATES.—The carry out the functions of the Commission in a this Act, each covered agency shall appoint a head of each covered agency shall submit to the timely, efficient, and effective manner, the Scientific Integrity Officer, who shall— Office of Science and Technology Policy for ap- Chairman may fix the compensation for the cat- ‘‘(1) be a career employee at the covered agen- proval any substantial changes to the scientific egory of employees or other personnel without cy in a professional position; integrity policy. regard to chapter 51 and subchapter III of chap- ‘‘(2) have technical knowledge and expertise ‘‘(B) QUINQUENNIAL REVIEW.—Not later than 5 ter 53 of title 5, United States Code, or any other in conducting and overseeing scientific research; years after the date of the enactment of the civil service law.

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‘‘(2) CERTIFICATION REQUIREMENTS.—A certifi- ‘‘(i) to the maximum extent practicable, limit ‘‘(D) any other community of indigenous peo- cation issued under paragraph (1) shall— the use of experts and consultants pursuant to ple. ‘‘(A) apply with respect to a category of em- subparagraph (A); and ‘‘(4) LOW-INCOME COMMUNITY.—The term ployees or other personnel responsible for con- ‘‘(ii) ensure that the employment contract of ‘low-income community’ means any census block ducting work of a scientific, technological, engi- each expert and consultant employed pursuant group in which 30 percent or more of the popu- neering, or mathematical nature; to subparagraph (A) is subject to renewal not lation are individuals with low income. ‘‘(B) specify a maximum amount of reasonable less frequently than annually.’’. ‘‘(5) POPULATION OF COLOR.—The term ‘popu- compensation for the category of employees or (b) REPORTS.— lation of color’ means a population of individ- other personnel; (1) IN GENERAL.—Not later than 1 year after uals who identify as— ‘‘(C) be valid for a 5-year period beginning on the date of enactment of this Act, and every 2 ‘‘(A) Black; the date on which the certification is issued; years thereafter for 10 years, the Chairman of ‘‘(B) African American; ‘‘(D) be no broader than necessary to achieve the Federal Energy Regulatory Commission ‘‘(C) Asian; the objective of retaining or attracting employ- shall submit to the Committee on Energy and ‘‘(D) Pacific Islander; ees and other personnel to allow the Commission Commerce of the House of Representatives and ‘‘(E) another non-White race; to carry out the functions of the Commission in the Committee on Energy and Natural Resources ‘‘(F) Hispanic; a timely, efficient, and effective manner; and of the Senate a report on information relating to ‘‘(G) Latino; or ‘‘(E) include an explanation for why the other hiring, vacancies, and compensation at the Fed- ‘‘(H) linguistically isolated.’’. approaches available to the Chairman for re- eral Energy Regulatory Commission. SEC. 12604. BACKGROUND OZONE RESEARCH. taining and attracting employees and other per- (2) INCLUSIONS.—Each report under para- (a) STUDY ON BACKGROUND OZONE RESEARCH sonnel are inadequate. graph (1) shall include— NEEDS.— ‘‘(3) RENEWAL.— (A) an analysis of any trends with respect to (1) IN GENERAL.—Not later than 60 days after ‘‘(A) IN GENERAL.—Not later than 90 days be- hiring, vacancies, and compensation at the Fed- the date of enactment of this Act, the Adminis- fore the date of expiration of a certification eral Energy Regulatory Commission; and trator of the Environmental Protection Agency issued under paragraph (1), the Chairman shall (B) a description of the efforts to retain and shall seek to enter an agreement with the Na- determine whether the certification should be attract employees or other personnel responsible tional Academies of Sciences, Engineering, and renewed for a subsequent 5-year period. for conducting work of a scientific, techno- Medicine (referred to in this section as the ‘‘Na- ‘‘(B) REQUIREMENT.—If the Chairman deter- logical, engineering, or mathematical nature at tional Academies’’) under which the National mines that a certification should be renewed the Federal Energy Regulatory Commission. Academies shall conduct a study on the current under subparagraph (A), the Chairman may (c) APPLICABILITY.—The amendment made by and future research needs regarding back- renew the certification, subject to the certifi- subsection (a) shall apply beginning on the date ground ozone. The study shall— cation requirements under paragraph (2) that that is 30 days after the date of enactment of (A) propose a framework of standard terms were applicable to the initial certification. this Act. and definitions for types of non-local ground ‘‘(4) NEW HIRES.— SEC. 12603. OFFICE OF PUBLIC PARTICIPATION. level ozone, including types of background ‘‘(A) IN GENERAL.—An employee or other per- Section 319 of the Federal Power Act (16 ozone, to standardize research on ground-level sonnel that is a member of a category of employ- U.S.C. 825q–1) is amended— ozone; ees or other personnel that would have been (1) in subsection (a)(1), by inserting ‘‘, to fa- (B) examine the current understanding of covered by a certification issued under para- cilitate communication with the public relating background sources of ozone and the contribu- graph (1), but was hired during a period in to, and participation by the public in, matters tion of such sources to ground-level ozone in the which the certification has expired and has not under the jurisdiction of the Commission, in- United States to identify gaps in knowledge that been renewed under paragraph (3) shall not be cluding under this Act and the Natural Gas need to be addressed with additional research; eligible for compensation at the level that would Act’’ before the period at the end; (C) examine challenges in quantifying the have applied to the employee or other personnel (2) in subsection (b), by striking paragraph (4) sources of background ozone and the contribu- if the certification had been in effect on the date and inserting the following: tions of each such source to ground-level ozone on which the employee or other personnel was ‘‘(4) The Office shall promote, through out- on a regional scale in the United States and hired. reach, publications, and, as appropriate, direct identifies specific research needs to address ‘‘(B) COMPENSATION OF NEW HIRES ON RE- communication with entities regulated by the these challenges; NEWAL.—On renewal of a certification under Commission— (D) include an outline of a plan for a research paragraph (3), the Chairman may fix the com- ‘‘(A) improved compliance with rules and or- and development program, including specifica- pensation of the employees or other personnel ders of the Commission; and tions for costs, timeframes, and responsible described in subparagraph (A) at the level estab- ‘‘(B) public participation in matters before the agencies, to support analysis and demonstration lished for the category of employees or other Commission. of background ozone trends, including by— personnel in the certification. ‘‘(5) The Director may assign staff to inter- (i) improving collection and observational in- ‘‘(5) RETENTION OF LEVEL OF FIXED COMPENSA- vene, appear, and participate in administrative, frastructure; TION.—A category of employees or other per- regulatory, or judicial proceedings on behalf of (ii) improving confidence in model outputs; sonnel, the compensation of which was fixed by individuals or entities intervening or partici- (iii) reducing uncertainties in estimates of the Chairman in accordance with paragraph pating, or proposing to intervene or participate, background ozone; and (1), may, at the discretion of the Chairman, in proceedings before the Commission by rep- (iv) making background ozone research out- have the level of fixed compensation for the cat- resenting the interests of such individuals or en- puts more useful and accessible to decision-mak- egory of employees or other personnel retained, tities on any matter before the Commission. ers; and regardless of whether a certification described ‘‘(6) The Office shall advocate for, and act as (E) identify opportunities for international under that paragraph is in effect with respect to a liaison with, environmental justice commu- engagement that may facilitate increased re- the compensation of the category of employees nities on matters under the jurisdiction of the search collaborations that improve under- or other personnel. Commission.’’; and standing of ozone trends. ‘‘(6) CONSULTATION REQUIRED.—The Chair- (3) by adding at the end the following: (2) REPORT.—As a condition of any agreement man shall consult with the Director of the Office ‘‘(c) FUNDING.—Funding for the Office shall under subsection (a), the Administrator shall re- of Personnel Management in implementing this be derived from fees and charges collected under quire that the National Academies transmit to subsection, including in the determination of section 3401 of the Omnibus Budget Reconcili- Congress a report on the results of the study the amount of compensation with respect to ation Act of 1986. under subsection (a) not later than 24 months each category of employees or other personnel. ‘‘(d) DEFINITIONS.—In this section: after the date on which such agreement is final- ‘‘(7) EXPERTS AND CONSULTANTS.— ‘‘(1) COMMUNITY OF COLOR.—The term ‘com- ized. ‘‘(A) IN GENERAL.—Subject to subparagraph munity of color’ means any geographically dis- UTHORIZATION OF APPROPRIATIONS.— (B), the Chairman may— tinct area the population of color of which is (b) A There are authorized to be appropriated to carry ‘‘(i) obtain the services of experts and consult- higher than the average population of color of out this section $1,200,000. ants in accordance with section 3109 of title 5, the State in which the community is located. United States Code; ‘‘(2) ENVIRONMENTAL JUSTICE COMMUNITY.— SEC. 12605. SMOKE PLANNING AND RESEARCH. ‘‘(ii) compensate those experts and consult- The term ‘environmental justice community’ (a) RESEARCH ON WILDFIRE SMOKE.— ants for each day (including travel time) at means a community with significant representa- (1) CENTERS OF EXCELLENCE.— rates not in excess of the rate of pay for level IV tion of communities of color, low-income commu- (A) IN GENERAL.—Not later than 180 days of the Executive Schedule under section 5315 of nities, or indigenous communities, that experi- after the date of enactment of this Act, the Ad- that title; and ences, or is at risk of experiencing, higher or ministrator of the Environmental Protection ‘‘(iii) pay to the experts and consultants serv- more adverse human health or environmental Agency (referred to in this subsection as the ing away from the homes or regular places of effects. ‘‘Administrator’’) shall establish at institutions business of the experts and consultants travel ‘‘(3) INDIGENOUS COMMUNITY.—The term ‘in- of higher education 4 centers, each of which expenses and per diem in lieu of subsistence at digenous community’ means— shall be known as a ‘‘Center of Excellence for rates authorized by sections 5702 and 5703 of ‘‘(A) a federally recognized Indian Tribe; Wildfire Smoke’’, to carry out research relating that title for persons in Government service em- ‘‘(B) a State-recognized Indian Tribe; to— ployed intermittently. ‘‘(C) an Alaska Native or Native Hawaiian (i) the effects on public health of smoke emis- ‘‘(B) LIMITATIONS.—The Chairman shall— community or organization; and sions from wildland fires; and

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00146 Fmt 4634 Sfmt 6333 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4865 (ii) means by which communities can better re- tleman from Oklahoma (Mr. LUCAS) port and encourage the adoption of spond to the impacts of emissions from wildland each will control 221⁄2 minutes. electric vehicles, or EVs. This legisla- fires. The Chair recognizes the gentleman tion invests more than $36 billion to (B) AUTHORIZATION OF APPROPRIATIONS.— from New Jersey. There is authorized to be appropriated to the help speed up the electrification of our Administrator to carry out this paragraph GENERAL LEAVE transportation sector and make EVs an $10,000,000 for each of fiscal years 2021 through Mr. PALLONE. Madam Speaker, I option for more communities. It also 2025. ask unanimous consent that all Mem- authorizes funding for clean school (2) RESEARCH.— bers may have 5 legislative days in buses, electric vehicle charging equip- (A) IN GENERAL.—Not later than 180 days which to revise and extend their re- ment, and other zero-emission vehicle after the date of enactment of this Act, the Ad- marks and add extraneous material on programs. ministrator shall carry out research— Madam Speaker, this legislation also (i) to study the health effects of smoke emis- H.R. 4447, the Clean Economy Jobs and sions from wildland fires; Innovation Act. addresses environmental justice by es- (ii) to develop and disseminate personal and The SPEAKER pro tempore. Is there tablishing and reauthorizing grant pro- community-based interventions to reduce expo- objection to the request of the gen- grams for impacted communities to sure to and adverse health effects of smoke emis- tleman from New Jersey? better participate in the environ- sions from wildland fires; There was no objection. mental decisions in their backyards. It (iii) to increase the quality of smoke moni- Mr. PALLONE. Madam Speaker, I also increases information sharing so toring and prediction tools and techniques; and yield myself such time as I may con- communities can be better informed (iv) to develop implementation and communication strategies. sume. about the risks in their neighborhoods. (B) AUTHORIZATION OF APPROPRIATIONS.— Madam Speaker, I rise in strong sup- And it updates the Civil Rights Act of There is authorized to be appropriated to the port of the Clean Economy Jobs and In- 1964 to increase opportunities for legal Administrator to carry out this paragraph novation Act. This bill is a comprehen- relief. This is a critical start to ad- $20,000,000 for each of fiscal years 2021 through sive package that will spur clean en- dressing the disproportionate burden 2025. ergy innovation, electrify our transpor- faced by environmental justice commu- (b) COMMUNITY SMOKE PLANNING.— tation sector, make homes and busi- nities around the Nation. (1) IN GENERAL.—Not later than 180 days after nesses more energy efficient, and mod- Finally, Madam Speaker, this legis- the date of enactment of this Act, the Adminis- trator shall establish a competitive grant pro- ernize our electric grid. lation includes a critical bipartisan gram to assist eligible entities described in para- The Clean Economy Jobs and Innova- provision that phases out the use of graph (2) in developing and implementing col- tion Act presents practical and achiev- hydrofluorocarbons, a super pollutant. laborative community plans for mitigating the able clean energy policies that are pos- It has strong support on both sides of impacts of smoke emissions from wildland fires. sible for us to achieve this year. This the aisle, including environmental and (2) ELIGIBLE ENTITIES.—An entity that is eligi- legislation lays the groundwork for im- public health groups, the entire heat- ble to submit an application for a grant under portant and comprehensive future cli- ing and cooling industry, the Chamber paragraph (1) is— mate policy. (A) a State; of Commerce, and the National Asso- (B) a unit of local government (including any The main goal of this energy package ciation of Manufacturers. It is one of special district, such as an air quality manage- is to move provisions we believe have a the most important steps we can take ment district or a school district); or chance at becoming law this Congress now to create manufacturing jobs and (C) an Indian Tribe. after negotiations with the Senate. boost our competitiveness while pro- (3) APPLICATIONS.—To be eligible to receive a Senators MURKOWSKI and MANCHIN, tecting our environment. grant under paragraph (1), an eligible entity de- who lead the Senate Energy and Nat- I close by thanking the Energy Sub- scribed in paragraph (2) shall submit to the Ad- ural Resources Committee, have been committee Chairman RUSH for his lead- ministrator an application at such time, in such manner, and containing such information as the working on their own energy package ership in moving many of the bills in- Administrator may require. in the Senate. cluded in this package through the En- (4) TECHNICAL ASSISTANCE.—The Adminis- H.R. 4447 sets new energy efficiency ergy and Commerce Committee, many trator may use amounts made available to carry standards for buildings and funds with strong bipartisan support. I also out this subsection to provide to eligible entities grants to local communities for more thank Chairwoman EDDIE BERNICE described in paragraph (2) technical assistance efficient schools, homes, and municipal JOHNSON and Chairman GRIJALVA for in— buildings. This is an inexpensive way their critical contributions to this (A) submitting grant applications under para- to save energy and reduce electricity graph (3); or package and also Representative TOM (B) carrying out projects using a grant under bills for homeowners and businesses, O’HALLERAN for being the bill’s lead this subsection. and it has broad support. sponsor. (5) AUTHORIZATION OF APPROPRIATIONS.— This legislation also supports the de- Madam Speaker, I encourage all of There is authorized to be appropriated to the velopment and deployment of clean, re- my colleagues to support this legisla- Administrator to carry out this subsection newable, and distributed resources, tion that will modernize our energy $50,000,000 for each of fiscal years 2021 through like solar and wind energy, which are system, create jobs, and take positive 2025. crucial to reducing our dependency on steps toward addressing the climate SEC. 12606. BUDGETARY EFFECTS. fossil fuels. It also supports the trans- crisis. The budgetary effects of this Act, for the pur- mission projects needed to move clean Madam Speaker, I reserve the bal- pose of complying with the Statutory Pay-As- You-Go Act of 2010, shall be determined by ref- energy around the country. ance of my time. erence to the latest statement titled ‘‘Budgetary Prior to the COVID–19 pandemic, the COMMITTEE ON SCIENCE, SPACE, AND Effects of PAYGO Legislation’’ for this Act, sub- clean energy sector was booming. Last TECHNOLOGY, HOUSE OF REP- mitted for printing in the Congressional Record year, clean energy jobs grew at twice RESENTATIVES, by the Chairman of the House Budget Com- the rate of overall jobs, and as of Janu- Washington, DC, September 15, 2020. mittee, provided that such statement has been ary, more than 3 million Americans Hon. FRANK PALLONE, JR., submitted prior to the vote on passage. were employed in these jobs. It is crit- Chairman, Committee on Energy and Commerce, The SPEAKER pro tempore. The bill, ical that the clean energy industry re- Washington, DC. DEAR CHAIRMAN PALLONE: I am writing you as amended, shall be debatable for 90 cover this same momentum to secure concerning H.R. 4447, the ‘‘Expanding Access minutes equally divided among and America’s clean energy leadership. to Sustainable Energy Act of 2019,’’ which controlled by the chair and ranking These investments will result in new, was referred to the Committee on Energy minority member of the Committee on good-paying American jobs all across and Commerce and then to the Committee Energy and Commerce and the chair the country. Every million dollars in- on Science, Space, and Technology (‘‘Science and ranking minority member of the vested in clean energy and energy effi- Committee’’) on September 20, 2019. Committee on Science, Space, and ciency produces seven to eight jobs. As a result of our consultation, I agree to Technology. work cooperatively on H.R. 4447 and in order That is roughly three times as many as to expedite consideration of the bill the The gentleman from New Jersey (Mr. investment in fossil fuels. Science Committee will waive formal consid- PALLONE), the gentleman from Michi- The transition to a clean energy fu- eration of this legislation. However, this is gan (Mr. UPTON), the gentlewoman ture also depends upon upgrading our not a waiver of any future jurisdictional from Texas (Ms. JOHNSON), and the gen- transportation infrastructure to sup- claims by the Science Committee over the

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00147 Fmt 4634 Sfmt 0634 E:\CR\FM\A23SE7.019 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4866 CONGRESSIONAL RECORD — HOUSE September 23, 2020 subject matter contained in H.R. 4447 or innovation and clean energy will not tected by strong, scientific integrity similar legislation. I also request that you even get a debate. My amendment, to policies. support my request to name members of the reauthorize the Nation’s pipeline safe- It also includes the American Innova- Science Committee to any conference com- ty program and strengthen our work- tion and Manufacturing Leadership mittee to consider this legislation. Act, bipartisan legislation that directs Additionally, thank you for your assur- force of pipeline safety inspectors, was ances to include a copy of our exchange of also rejected. How can we be opposed to EPA to phase down letters on this matter in the committee re- pipeline safety? hydrofluorocarbons, highly potent port for H.R. 4447 and in the Congressional I have a number of concerns about greenhouse gasses, by some 85 percent Record during floor consideration thereof. the underlying bill, and many of the over 15 years. Sincerely, Democratic amendments which I think It will position the United States to EDDIE BERNICE JOHNSON, are likely to pass, but I share the con- lead the world in the transition to Chairwoman, Committee on Science, cern that H.R. 4447 will lead to higher next-generation refrigerants, create Space, and Technology. energy costs and discourage innova- 33,000 manufacturing jobs, and ensure we do our part to avoid up to one-half COMMITTEE ON ENERGY AND COM- tion. This bill is going to lead to fewer degree Celsius in global warming be- MERCE, HOUSE OF REPRESENTA- choices for consumers when it comes to TIVES, home heating, appliances, and energy fore the end of this century. Washington, DC, September 15, 2020. providers. While I am encouraged that the Sen- Hon. EDDIE BERNICE JOHNSON, The SPEAKER pro tempore. The ate has reached agreement on HFCs, we Chairwoman, Committee on Science, Space, and time of the gentleman has expired. are still reviewing the details. But I Technology, Washington, DC. Mr. UPTON. Madam Speaker, I yield want to make certain that this provi- DEAR CHAIRWOMAN JOHNSON: Thank you for sion is in those future negotiations. I consulting with the Committee on Energy myself another 10 seconds. Madam Speaker, I am also alarmed look forward to continuing the discus- and Commerce and agreeing to discharge sions with our Senate counterparts and H.R. 4447, the Expanding Access to Sustain- by the provisions that will encourage able Energy Act of 2019, from further consid- frivolous lawsuits, lead to permitting getting the goals of this language en- eration, so that the bill may proceed expedi- delays and even more Federal man- acted. This bill isn’t perfect, but with all tiously to the House floor. dates and regulations. I agree that your forgoing further action So as we rebuild after the COVID the political uncertainty, this is a package we can take to the Senate and on this measure does not in any way dimin- pandemic, we should stay focused on ish or alter the jurisdiction of your com- fight for important clean energy wins reducing barriers to growth rather mittee or prejudice its jurisdictional prerog- to be enacted this year. The clean en- than creating more hurdles as this bill atives on this measure or similar legislation ergy transition cannot wait, and nei- does. in the future. I would support your effort to ther should we. Madam Speaker, I reserve the bal- seek appointment of an appropriate number I am eager to work with any Member of conferees from your committee to any ance of my time. of this Chamber on future legislation House-Senate conference on this legislation. Mr. PALLONE. Madam Speaker, I that is bold, ambitious, and rises to the I will ensure our letters on H.R. 4447 are yield 2 minutes to the gentleman from entered into the Congressional Record dur- scale of the climate crisis. New York (Mr. TONKO), who is the ing floor consideration of the bill. I appre- Mr. UPTON. Madam Speaker, I yield ciate your cooperation regarding this legis- chairman of the Environment and Cli- 5 minutes to the gentleman from Illi- lation and look forward to continuing to mate Change Subcommittee. nois (Mr. SHIMKUS), the top Republican work together as this measure moves Mr. TONKO. Madam Chair, I thank on the Environment Subcommittee. through the legislative process. the gentleman from New Jersey for Mr. SHIMKUS. Madam Speaker, I Sincerely, yielding. thank the gentleman for yielding. It is FRANK PALLONE, JR., Madam Speaker, I begin by thanking great to be with my friends on the Chairman. Chairs PALLONE, JOHNSON, and GRI- floor. Mr. UPTON. Madam Speaker, I yield JALVA for all of their hard work on this I saw an E&E story earlier this week myself 11⁄2 minutes. package. titled ‘‘House divided over impact, wis- Madam Speaker, I join my colleagues I have no delusions that this bill will dom of clean energy bill.’’ Where but in to express my disappointment in how solve climate change, but it can play a D.C. can you take an 8-page bill and this bill came together, without reg- meaningful role in deploying clean en- turn it into a 900-page bill? Not only ular order and ignoring input from ergy and energy efficiency while sup- that, it authorizes $135 billion with no really any Republicans. This is not the porting improvements and cost reduc- offsets, and it divides your own Cau- way to get things done in divided gov- tions in technologies that we are going cus? You can’t outspend some Demo- ernment or signed into law, and the to need to achieve our decarbonization crats. statement that the White House sub- goals. When I testified against this bill at mitted opposing the bill makes that This package does not have every- the Rules Committee on Monday, my very clear. thing in it that I would have wanted. friend Chairman PALLONE kept making I am disappointed because we had the However, my threshold for support is the point that all he wanted to do was opportunity to do things the right way not whether it is perfect. The questions get to a conference with the Senate. in the committee through bipartisan- are: Would it be a net positive? Would Congressman TOM COLE asked if the ship. But unfortunately, the majority it hasten our transition to clean en- House position wouldn’t be stronger set aside our tradition of bipartisan- ergy? Would it play a role, even a mod- with a bipartisan bill? I think the an- ship in favor of a messaging bill and est one, in reducing climate and tradi- swer is yes, it would, but that is not election year politics. Instead of work- tional pollution? And would it create what we have here today. ing through the rough issues and renew American jobs? Let me debunk this myth of biparti- porting a bill that we could all be I think the answer to each of these sanship. There are 38 bills from the En- proud of, the majority took the easy questions is an obvious yes. ergy and Commerce Committee in this road and cobbled together a wish list This package is going to allow us to package, 38. Committee Republicans bill. They drafted it behind closed weatherize more low-income Ameri- are neutral on four of them, and we doors, didn’t release it for members to cans’ homes, build more EV charging support 11 and either oppose or have se- see until the very last minute, and so infrastructure, and codify important rious concerns with the remaining 23. just now, in fact, they had to introduce environmental justice requirements, Of those 38 bills, we had no regular a new manager’s amendment in the which have been ignored for the past 4 order on 15 of them. The chairman used final hour to make the corrections and years. to beat us about the head and shoulders add the new language. It includes bills I have authored to about regular order. And I know this is We Republicans offered a lot of support the Department of Energy’s Of- an irregular time, but 15 of these bills amendments to try and improve the fice of Wind, to streamline the permit- had no regular order, no hearing, no bill, but the Rules Committee did not ting process for distributed energy re- subcommittee mark, and no full com- allow such things to happen. Our sources, and to ensure that the re- mittee mark. Only two had legislative amendments to invest in technological search dollars we authorize are pro- hearings.

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00148 Fmt 4634 Sfmt 0634 E:\CR\FM\A23SE7.028 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4867 Even worse, at least three of the bills what our country needs. It is looking Madam Speaker, I rise in opposition included were bipartisan deals that into the future and saying this is the to H.R. 4447, which represents a missed passed the committee or the House, way we are going to shape it, that opportunity to advance true bipartisan and then Democrats went back on America will become a leader inno- policies that would secure our Nation’s those deals and changed the language. vatively relative to clean air and clean energy future. Now we find out that an environmental jobs, good-paying jobs. America’s innovators have shown stressors title was added in the man- So this is something that is needed over the past 15 years that they are ca- ager’s amendment that received no de- for our country: to promote clean en- pable of spurring economic growth and liberation in the committee. ergy and energy efficiency; to protect reducing emissions as long as the But let me outline a few problems our planet, which is really facing an United States has a regulatory envi- other than size, cost, and process, if existential threat from the warming of ronment that is conducive to the devel- that is not enough. the climate. opment and deployment of new tech- Instead of removing barriers to pipe- I remember many years ago, Madam nologies. lines and transmission lines, this bill Speaker, as there was a debate going In fact, according to an April EPA re- inserts new review criteria to infra- on at the Energy and Commerce Com- port, national greenhouse gas emis- structure permitting decisions. These mittee, I listened to both sides. They sions have fallen by 10 percent since provisions don’t just target fossil fuels; were going back and forth. There were 2005 and power sector emissions have they delay deployment of the green en- clear differences. fallen by 27 percent while, during the ergy Democrats say they want So, when it was my turn to speak, I same period, our economy grew by 25 The RPM Act included in this bill al- said, ‘‘Remember this: I will see you on percent. Unfortunately, H.R. 4447 would lows the EPA to establish a new Fed- the floor,’’ meaning that something do nothing to cultivate the necessary eral registry to monitor sales, track was going to happen in someone’s dis- regulatory environment to continue to parts, and aid enforcement against not trict where there was accelerated build on these accomplishments. just race cars, but every car and truck flooding, accelerated fires, more power- Another reason to be concerned about this bill is the price tag. At a on the road. ful hurricanes and tornadoes, and then time when our country is seeing record The included HFC provisions totally we have to come to the floor to clean budget deficits, how has the majority and disingenuously flaunt the Inter- up and try to repair and rehabilitate chosen to respond? By spending over state Commerce Clause by failing to communities. So this is about our col- $135 billion in taxpayer funds on par- preempt State laws. The included ac- lective future. tisan energy mandates that pick win- celerator provisions invite activists to Those who question the existence of climate change need only look to Cali- ners and losers. further change the HFC standards Finally, my Republican colleagues through the EPA. The 5-year essential fornia, where 10 of the 20 largest wildfires on record occurred in the last and I offered amendments to improve use exemption for products like asthma this bill. My amendment would have inhalers, fire suppression systems, and decade, including 5 this year alone. Our planet is sounding the alarm, authorized the establishment and oper- self-defense sprays is laughable when and Congress needs to lead, respond to ation of a uranium reserve to assure its you find out that this exemption does this, take it seriously, and be willing availability in the event of a market not even become available until 2034, to change. Now, without action, we disruption and to support strategic fuel after HFCs have become less available know what is going to happen. cycle capabilities in the United States. and more expensive. The SPEAKER pro tempore. The This policy would result in lower car- The Blue Collar to Green Collar en- time of the gentlewoman has expired. bon emissions, new jobs, and a more se- ergy workforce grant program included Mr. PALLONE. Madam Speaker, I cure world. in this bill excludes eligibility for not yield an additional 30 seconds to the Unfortunately, the majority ruled just fossil fuels but nuclear energy. So gentlewoman from California. against this amendment, as well as not only would a rush to green put peo- Ms. ESHOO. Madam Speaker, I appre- those offered by my Republican col- ple out of work, this grant program ciate the gentleman yielding me the leagues on the Energy and Commerce would fail to provide equal opportuni- additional time. Committee that would have ensured ties for the biggest zero-emission en- Madam Speaker, I am pleased that the American people would have access ergy sector. today’s package includes my legisla- to affordable and reliable sources of en- Let the buyer beware. This rush to tion, the Smoke Planning and Re- ergy. green is exactly what the State of Cali- search Act. Madam Speaker, I urge my col- fornia has done to their electricity I talked about the fires, but what ev- leagues to oppose this partisan legisla- grid. eryone needs to understand is what is tion. b 1645 so deadly about the wildfire smoke. Mr. PALLONE. Madam Speaker, I The poisonous particulates are very yield 1 minute to the gentleman from What do you see? We see rolling dangerous for children because their Maryland (Mr. HOYER), our majority blackouts and we see higher costs. lungs are still developing, very dan- leader, who has prioritized this bill and In this environmental justice world, gerous for seniors, very dangerous for shepherded it to the floor. it is a government-mandated injustice anyone to breathe, because it is a form Mr. HOYER. Madam Speaker, I to poor communities, poor commu- of poison. thank the chair of the committee for nities that already spend a higher per- We know that the smoke travels not his focus and hard work on behalf of centage of their income on energy only hundreds of miles, but thousands our environment and on behalf of re- costs and will face even higher costs of miles. versing climate change and on behalf and with less reliability and, with that, So this legislation funds the EPA and of the health and welfare of the Amer- less opportunity with the direction leading universities to study the public ican people. that this package takes us. health effects of wildfire smoke, and I The global climate crisis is one of the This is very, very unfortunate. am so pleased that it is in the bill. greatest challenges of our time. We Mr. PALLONE. Madam Speaker, I Madam Speaker, I want to thank the must confront climate change, and an yield 2 minutes to the gentlewoman chairman for including it. I also want essential part of that is investing in from California (Ms. ESHOO), the chair to thank Speaker PELOSI, who saw the clean energy innovation. of our Health Subcommittee. merits of addressing this particular This alone is certainly not going to Ms. ESHOO. Madam Speaker, I thank issue, and that it is, today, part of this be enough to address the climate crisis the chairman of the Energy and Com- critically needed clean energy package. we face, but it is a critical step forward merce Committee for his leadership Mr. UPTON. Madam Speaker, I yield that we can and must take now. That and for what is being brought to the 3 minutes to the gentleman from Ohio is why House Democrats are bringing floor today. (Mr. LATTA). forward the Clean Economy Jobs and I am very pleased to be here in sup- Mr. LATTA. Madam Speaker, I thank Innovation Act today. port of the Clean Economy Jobs and In- the gentleman, my good friend from I am sorry this is not a bipartisan novation Act. I think this is exactly Michigan, for yielding. bill because, like COVID–19, climate

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00149 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.069 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4868 CONGRESSIONAL RECORD — HOUSE September 23, 2020 change is not a partisan issue. It ural Resources Committee for working Ms. CASTOR of Florida. Madam should not be a partisan issue. so hard to bring this legislation to- Speaker, I thank Chairman PALLONE This legislation represents progress gether and advance it to the floor. for yielding me the time. in the fight against the climate crisis. Many of these bills that are incor- We are in the grips of a climate cri- It represents a significant investment porated here, I think, have Republican sis, a climate emergency, and time is in clean energy infrastructure and job support, and this bill ought to have Re- running out. Time is running out to creation. publican support. avoid the worst consequences of a heat- In addition to investing in clean en- Madam Speaker, I thank all the ing planet. Time is running out to ergy production, distribution, and stor- Democratic members of those commit- avoid the escalating costs that are age, this legislation sets new energy ef- tees and Republicans who tried to work weighing down families and businesses ficiency standards—I believe my Re- constructively and the bill sponsors for across America. publican colleagues are for that; I hope their hard work and contributions to So this Clean Economy Jobs and In- they are for that—for buildings and this legislation. novation Act is an important step. It provides funding for homes, schools, Today, the Democratic-led House, brings us a little bit closer to the manufacturing facilities, and public Madam Speaker, is doing its job for the major ambitious steps that we must buildings to upgrade and improve en- people by supporting the development take towards a 100 percent clean energy efficiency. That is in everybody’s of a clean energy economy and taking ergy economy. best interests. important steps to tackle the climate Here are a few things that are impor- This bill makes bold investments in crisis in a serious way that creates jobs tant about this package. It follows the wind and solar and advanced nuclear and opportunities for our workers. science. The scientists and experts tell technologies, of which I am a very During the civil rights era, there was us that we truly are running out of strong supporter, and in helping to a movie, ‘‘Mississippi Burning.’’ It had time to reduce carbon emissions and decarbonize the fossil fuel sector. an effect of us addressing systemic rac- greenhouse gases. We must do it as If we hope to meet the targets that ism in America. soon as possible, but no later than 2050. climate scientists say are necessary to Now, much of America, millions of That means we have to get going right avoid the most catastrophic con- acres, are burning at historic levels. away. sequences of climate change, many of Storms in the Gulf are occurring at This package also puts money back which we are seeing as we speak today historic levels. Storms in the Atlantic in the pockets of consumers and businesses and it will create thousands of on the floor of this House, we are going along the Atlantic Coast and twisters jobs. These are the jobs that the to need to employ all of these tech- in the Midwest are occurring at his- younger generation are hungry for, in nologies. toric levels. It is not appropriate for us Recognizing the need to fight for en- to say, as the President said on COVID– manufacturing and science, and build- vironmental justice, the Clean Econ- 19 and the deaths that occurred, ‘‘It is ing resilience among communities all omy Jobs and Innovation Act what it is.’’ across this country. This bill also empowers environ- prioritizes the needs of those living on We are here, Madam Speaker, be- mental justice communities to address the front lines of the climate crisis, in- cause, when we see that what it is is pollution and to protect their health. cluding minority, Tribal, and low-in- not right, we ought to act, and that is Very importantly, on a bipartisan come communities. They can’t protect what we are doing. basis, bicameral basis, we have to ad- themselves. They don’t have the dol- Madam Speaker, I hope my col- dress hydrofluorocarbons. A lars to do so. It is up to us to make leagues will vote ‘‘yes’’ for a cleaner hydrofluorocarbon is a very damaging sure that they are protected. environment, a safer environment, a greenhouse gas, much more damaging We are also creating a clean energy healthier environment, and a more prosperous and successful America. than carbon dioxide. workforce development program, We have an opportunity in this Con- OBBY Mr. UPTON. Madam Speaker, I yield championed by my dear friend B gress to address those RUSH, to train workers to succeed and 2 minutes to the gentleman from West hydrofluorocarbons and bring them help America lead the clean energy Virginia (Mr. MCKINLEY). under control. If we don’t do this now, revolution. Mr. MCKINLEY. Madam Speaker, I it is going to be much more difficult to While the Trump administration thank Chairman UPTON for yielding. Well, Madam Speaker, here we go do it in the future. cedes the race to being a world leader, again: another partisan bill that lead- So I thank Chairman PALLONE, withdrawing from all the other nations ership contends will save the environ- Chairwoman JOHNSON, and I thank my of the world that have a consensus that ment. But last week, experts testified colleagues for doing what they can. we need to deal with climate change that it will not prevent wildfires on the Next up are the ambitious policies to and we need to deal with it together, West Coast, droughts in the Midwest, truly solve the climate crisis. we withdraw from that agreement. or hurricanes on the East Coast. This is Mr. UPTON. Madam Speaker, I yield We need to make sure that we con- 2 minutes to the gentleman from Geor- tinue to be a world leader in the clean just another effort to gin up the liberal base and divide the House before the gia (Mr. CARTER). energy economy to our foreign com- Mr. CARTER of Georgia. Madam petitors. This bill seizes the moment election. But what the bill does do is it creates Speaker, I appreciate the gentleman and takes advantage of the economic uncertainty, increases consumer costs, yielding. opportunities that come from taking a and jeopardizes national security. Madam Speaker, I rise today in oppo- bold approach to the global climate Madam Speaker, I thought we were sition to H.R. 4447, despite holding out crisis. House Democrats recognize that here to find solutions for the environ- hope that we would have a truly bipar- you can’t lead the clean energy econ- ment, but apparently not. tisan energy package moving through omy if you refuse to believe that clean- The majority is deliberately mis- this body. er energy is necessary. leading the American public with this As I look at the bill, we can’t ignore Until we get serious about the dan- legislation. Have they no shame? Re- the tremendous price tag, $135 billion, gers of the climate crisis, America will member, this bill will not prevent without discussing the use of valuable be unable to take advantage of its eco- wildfires, droughts, or hurricanes. taxpayer dollars. This bill’s price tag nomic opportunities. That is why, Madam Speaker, Congress can do bet- reflects the many subsidy programs Madam Speaker, this bill is so very im- ter. America deserves better. that duplicate existing programs with- portant and why I am urging all of my out meaningful attention applied to ad- colleagues to join in supporting it. b 1700 dressing the regulatory burdens facing Madam Speaker, I thank Chairman Mr. PALLONE. Madam Speaker, I these industries. FRANK PALLONE of the Energy and yield 2 minutes to the gentlewoman If the goal is to transition to a clean- Commerce Committee; Chairwoman from Florida (Ms. CASTOR), who chairs er energy economy, we won’t see real EDDIE BERNICE JOHNSON of the Science, the Select Committee on Climate Cri- progress without a serious discussion Space, and Technology Committee; and sis and is also a member of the Energy about reforming existing regulatory Chairman RAU´ L GRIJALVA of the Nat- and Commerce Committee. barriers.

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00150 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.071 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4869 An example is the cumbersome NEPA Mr. DUNCAN. Madam Speaker, I concrete steps that we must take to review process which has slowed infra- want to thank the former chairman for prevent the catastrophic impacts of structure projects for years and added yielding me the time today. climate change. I urge all of my col- countless sums in costs to projects, I rise in opposition to H.R. 4447, the leagues to support this legislation. without any added benefit to the peo- Democrat’s so-called energy package. Mr. UPTON. Madam Speaker, may I ple. This bill promotes a radical Green New ask how much time each side has re- Another concern I have with this bill Deal policy that would cost Americans maining? is the focus on larger cities while leav- more than $135 billion. Meanwhile, the The SPEAKER pro tempore. The gen- ing rural communities, like the ones I bill provides no regulatory or perma- tleman from Michigan has 91⁄2 minutes represent in south Georgia, on the way- nent reforms. remaining. The gentleman from New side. If the goal is to spur on economic If Democrats were serious about re- Jersey has 9 minutes remaining. investments in the energy sector, the ducing emissions, they would focus on Mr. UPTON. Madam Speaker, I yield rural parts of America must be in- getting clean technologies, like nu- 1 minute to the gentleman from Geor- cluded. clear energy, to market quicker. gia (Mr. ALLEN). There are also other concerns, such I offered an amendment last night, Mr. ALLEN. Madam Speaker, I thank as expensive electric vehicle mandates but it was rejected by the Rules Com- my friend from Michigan and former and experimental technologies that mittee which would facilitate efficient chairman of the Energy and Commerce will leave the taxpayer footing the bill. environmental reviews for nuclear re- Committee for yielding me the time. This package, unfortunately, is not actor licensing. Its goal was to accel- I am disappointed that during Na- reflective of extensive bipartisan work erate the deployment of nuclear reac- tional Clean Energy Week we are con- in committee to pass policies that tors which generate zero emissions dur- sidering a bill that fails to prioritize would help us move forward. Instead, it ing electricity generation, if that is affordable and reliable energy for all is a wish list of expensive and duplicate your goal, zero emissions. Unfortu- Americans and only furthers the rad- programs that will bog down the sig- nately, Democrats would rather ical left’s socialist Green New Deal pri- nificant progress that has already been weaponize our permitting laws for po- orities. made here. litical motives. H.R. 4447 spent more than $135 billion There are some programs and ideas If we eliminate natural gas, or nu- of hardworking Americans’ tax dollars that deserve separate consideration be- clear, in power generation and transi- while ignoring meaningful reforms of cause of bipartisan support, but unfor- tion to 100 percent renewables, which our rural communities. Specifically, tunately, this package falls short. H.R. 4447 seeks to do, the cost to na- they want to establish a $20 billion I urge my colleagues to oppose this tional security would be detrimental. Federal green bank to subsidize pre- bill. The United States would shift from ferred green projects at the expense of Mr. PALLONE. Madam Speaker, may being an energy-dominant country to others, like nuclear energy. The bill I ask how much time remains on each being energy dependent at a cost to en- would also exclude nuclear energy from side? The SPEAKER pro tempore. The gen- ergy consumers because lower income their proposed Blue Collar to Green tleman from New Jersey has 11 min- Americans in this deal would pay more Collar energy workforce grant pro- utes remaining. The gentleman from as a percentage of their disposable in- gram. This is unacceptable. come than others. Nuclear energy fuels our Nation Michigan has 111⁄2 minutes remaining. Mr. PALLONE. Madam Speaker, I It would be costly to the environ- while helping to provide America with yield 2 minutes to the gentleman from ment and our own security self-inter- environmental, economic, and national California (Mr. RUIZ), a member of the est. I don’t understand why my amend- security. I am proud that Georgia’s Energy and Commerce Committee. ments aren’t made part of this package 12th Congressional District is home to Mr. RUIZ. Madam Speaker, environ- other than the politics. two nuclear power plants: Plant Vogtle mental injustices disproportionately I urge my colleagues to vote ‘‘no’’ on and Plant Hatch, almost 80 percent of impact underserved communities and H.R. 4447. Georgia Power’s nuclear capacity. communities of color around the coun- Mr. PALLONE. Madam Speaker, I This industry directly supports well- try. yield 1 minute to the gentleman from paying jobs, powers our national de- We have experienced this firsthand in California (Mr. MCNERNEY), also a fense, and currently generates nearly the Eastern Coachella Valley in my member of our committee. 20 percent of our country’s electricity district—environmental hazards that Mr. MCNERNEY. Madam Speaker, I without any carbon emissions. worsen quality of life and harm the thank the chairman for yielding. The SPEAKER pro tempore. The public’s health; children struggling to Climate change is accelerating and time of the gentleman has expired. breathe on their way to school; resi- poses a growing threat to our economy Mr. UPTON. Madam Speaker, I yield dents with undrinkable water from and to our world. We must address cli- an additional 1 minute to the gen- high levels of arsenic. mate change with the urgency that it tleman from Georgia. Let me be clear. Having clean water demands, and that means we must all Mr. ALLEN. Madam Speaker, if my to drink and clean air to breathe is not take action. colleagues want to have a real policy a privilege just for the affluent few. It That is why I am proud to have intro- discussion about clean energy and is a right and a common good for ev- duced two bipartisan pieces of legisla- focus on solutions, they should oppose eryone. That is why I am glad my bill, tion included in this package: the this partisan power grab and support H.R. 3923, the Environmental Justice Smart Energy and Water Efficiency nuclear energy. Act of 2019, is passing the House this Act, which I authored with Representa- Georgia has some of the most com- week as part of the Clean Economy tive KINZINGER, which aims to create petitive electricity rates in the coun- Jobs and Innovation Act. an innovative water and energy re- try thanks to our energy policy. My bill will strengthen protections source management pilot program with Mr. PALLONE. Madam Speaker, I for vulnerable populations, give im- the Department of Energy. yield 1 minute to the gentleman from pacted communities the ability to hold The Advanced Nuclear Fuel Avail- Nevada (Mr. HORSFORD). big corporations and government ac- ability Act, which I co-led with Rep- Mr. HORSFORD. Madam Speaker, I countable, and provide needed funds to resentative FLORES, informed the lan- thank the chair and the committees of mitigate and prevent future instances guage in this package ensuring that jurisdiction for this bill. of environmental injustice. adequate supplies of domestically pro- For too long, communities of color, I would like to thank Chairman PAL- duced high-assay low-enriched uranium indigenous communities, and economi- LONE and Subcommittee Chairman are available in the United States, cally oppressed communities have TONKO for working with me on this im- something that is essential for some of borne a disproportionate burden from portant legislation. the advanced nuclear reactor designs toxic pollution and environmental deg- Mr. UPTON. Madam Speaker, I yield that are currently being developed. radation. 2 minutes to the gentleman from South The Clean Economy Jobs and Innova- Communities experiencing environ- Carolina (Mr. DUNCAN). tion Act represents the type of strong, mental injustice have been subjected

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00151 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.072 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4870 CONGRESSIONAL RECORD — HOUSE September 23, 2020 to systemic racial, social, and eco- member of the House Energy Sub- world in carbon reductions. It shows nomic injustice. committee and the former chairman of the largest absolute decline in emis- This legislation will push all of our the full committee, Mr. UPTON, for sions of all countries since the year communities forward together, wheth- yielding me this time. 2000. Frankly, we have reduced carbon er through the $20 billion clean energy Tragically, I have to rise in opposi- emissions more in total than Britain, and sustainability accelerator to fi- tion to H.R. 4447. France, Germany, and Canada com- nance and mobilize private investment This reminds me of the last time bined—combined, Madam Speaker. So in low-carbon technologies and Democrats were in charge. This is now the United States continues to improve projects; over $4 billion for research, an 894-page bill. Some of it has been its air quality for all communities. development, demonstration, and com- through committee. It has never been Particulate matter pollution is down 25 mercial application to advance cut- looked at in its entirety, and it has percent to 44 percent in urban areas ting-edge renewable energy tech- only been available for a few days with- around the Nation since 2007. This is nologies, including: solar, wind, geo- in the rules, but certainly not long tremendous news for disadvantaged thermal, and water power; or grants to enough for the American people to communities and, frankly, for all local communities to improve energy fully digest and know everything about Americans. efficiency, including workforce train- it. It is unfortunate because I think we All this happened while the United ing and rebates for weatherization. could do a lot more to come together States has reemerged as an energy su- It also authorizes over $36 billion for and agree on a package that would perpower on top of the economic boom transportation electrification, which cause our economy to really rebound of the shale revolution. So our job will help Nevada, including $650 million and to drive clean innovation the today should be to build upon that. to deploy low- and zero-emissions American way. Unfortunately, Democrats’ legisla- school buses. You see, Madam Speaker, the key to tion goes in the other direction, I be- I urge my colleagues to approve this expanding clean energy and creating lieve. It destroys some of these gains, measure. prosperous jobs in America is to actu- and it is not the way we should do this. Mr. UPTON. Madam Speaker, I have ally reduce the barriers to building in- In this Congress, my Committee on En- two remaining speakers, so I reserve frastructure, not increase them, and to ergy and Commerce Republican col- the balance of my time. deploy innovative new technologies leagues have introduced a number of b 1715 that will ensure reliable, affordable en- bills to encourage investment in infra- Mr. PALLONE. Madam Speaker, I ergy for the economy. This will structure, remove more regulatory bar- yield 1 minute to the gentleman from produce the economic rebound and the riers to permitting and licensing to en- growth that we all want, growth that sure affordable, reliable energy and to Arizona (Mr. STANTON). Mr. STANTON. Madam Speaker, I maintains environmental standards expand access to clean energy, promote rise today in support of the Clean but creates economic opportunities, es- nuclear innovation, and protect nat- Economy Jobs and Innovation Act. pecially for the poor and the disadvan- ural gas resources. To better position ourselves for the taged. It generates the resources for Yes, we have a very aggressive, posi- 21st century economy, we need to in- communities and families to prepare tive, and pro-environment energy agen- vest in energy-efficient infrastructure for their futures. da as Republicans. None of the amend- that is both sustainable and makes In recent years, Madam Speaker, Re- ments based upon these reforms, unfor- good business sense. This bill does that publicans have led successful efforts to tunately, made it into H.R. 4447. No. by incorporating my legislation to re- enact laws that enable more rapid li- Democrats kept those out, and that is authorize the Energy Efficiency and censing of hydropower facilities, zero a problem. Conservation Block Grant program to carbon emission hydropower. We are Madam Speaker, you do not achieve provide grants to States, local govern- talking small scale in irrigation a prosperous economy and advance ments, and our Native American Tribes ditches that are now piped. We are cre- clean energy innovations without re- to reduce fossil fuel emissions and con- ating new electricity with no emis- moving the barriers to building and deserve energy. sions. We are putting water into ploying new technology. You certainly When this program was last funded, streams for fish. And we are pressur- don’t achieve this by focusing instead local governments were able to pursue izing systems for farmers. on enacting more than 135 billion bor- a large range of projects, from energy We did more of that under a Republic rowed dollars in Federal spending, retrofits to deployment of LED street majority, and there is more we can do scores of new Federal subsidy pro- lighting and solar energy systems to now, but we are not. grams, new regulations that delay electric vehicle charging stations and We want more seamless delivery and siting and building, and raising elec- alternative fuel pumps. export of clean-burning natural gas. If tricity rates. This bill does that, and it A national evaluation of the pro- you think of the conversion that has increases the cost of new homes and in- gram’s effectiveness found that with occurred from coal to gas, the reduc- frastructure. just 1 year of funding, 25.7 million met- tion of emissions, we lead the world in Yet, that is what this 900-page gorilla ric tons of carbon equivalent was reducing emissions. We have created does in the room. Sure, there are some avoided. And $5.2 billion in cumulative enormous wealth and jobs in areas that bipartisan provisions, but that does not energy bill savings were produced, 70 had terrible poverty and needed eco- make this a workable bill for the percent of which were realized by resi- nomic development. We have increased American public. Taken together, pro- dential customers. private-sector use of carbon capture visions in this bill will undermine any Just imagine what we can achieve technologies. efforts to expand infrastructure or with the dedicated, multiyear funding I think there is great hope in the fu- build the innovations. this bill provides. It will create jobs, ture with our brilliant scientists to do The bill ignores the priorities of help consumers save on their energy even more in this space and to stream- rural Americans whose reliance on af- bills, open new opportunities for local line licensing to enable advanced nu- fordable energy is critical to their pro- governments to invest in energy con- clear energy production. America has ductivity and livelihoods. Instead, this servation, and reduce carbon pollution. always led in that category, and there bill gives billions for city-oriented Madam Speaker, I thank Chairman are new opportunities out there to do green energy and efficiency programs, PALLONE for his leadership on this leg- small-scale nuclear energy. leaving the rural areas behind with islation. We need to do more of that, but nearly $50 billion in spending and man- Mr. UPTON. Madam Speaker, I yield sadly, this bill doesn’t get us where we dates to drive a transformation toward such time as he may consume to the need to go. These are all good things electric vehicles that are sure to drive gentleman from Oregon (Mr. WALDEN), for the economy and, frankly, good up electricity rates and transportation who is the top Republican on the En- things for the planet. costs. ergy and Commerce Committee. Madam Speaker, you won’t hear it Most troubling are new provisions Mr. WALDEN. Madam Speaker, I from the radical left, but the United concerning NEPA and other reviews want to thank my friend, the ranking States has actually been leading the seeded throughout this bill. These are

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00152 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.073 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4871 sure to lead to delay, litigation, and The SPEAKER pro tempore. The With wildfires raging on the west coast and loss of opportunity. It will take longer time of the gentlewoman has expired. multiple ‘‘500-year’’ floods on the Gulf Coast to get a permit, longer to site a Mr. PALLONE. Madam Speaker, I every few years, there is no room for denials project, and longer to get a license, as yield an additional 1 minute to the or protestations against the existence of cli- if it didn’t take long enough now. gentlewoman from Texas. mate change. The bill introduces, without any Ms. JACKSON LEE. Madam Speaker, In 2017, Hurricane Harvey devastated my committee review, new private causes I want to answer the gentleman’s ques- district. of action that are sure to benefit trial tion about ordinary Americans. These Rainfall from the storm was calculated to be lawyers but at the expense of ordinary are ordinary Americans, some of between 50 and 60 inches in some areas, Americans who want more jobs and whom, because of the climate change causing roughly $125 billion in damage, dis- better opportunity. or the inequity in environmental injus- placing over 100,000 people, and leaving ap- All of this will, unfortunately, keep tice, have faced the wrong side of en- proximately 103 people dead. investments sidelined and any projects ergy. I want them to face the good side. For years, climate scientists have warned So not only does the bill establish a funded in the bill on the lab table. This that global warming is creating conditions that clean energy workforce development is not energy policy. This is Big Gov- allow these storms to become more powerful, program to educate and train the next ernment prescription, and we should and perhaps even more frequent. generation of clean energy researchers, not support this bill. According to the 2014 Climate Assessment, scientists, and professionals, but it also Mr. PALLONE. Madam Speaker, I produced by the federal government, the yield 2 minutes to the gentlewoman protects domestic manufacturing by requiring that any project funded amount of water vapor in the atmosphere has from Texas (Ms. JACKSON LEE). increased due to human-caused warming, Ms. JACKSON LEE. Madam Speaker, under the act to construct, alter, main- causing extra moisture to be available to you know the ordinary people that this tain, or repair a public building or pub- storm systems and resulting in heavier legislation helps in my district are lic work only use iron, steel, and man- rainfalls. young African-American men unem- ufactured goods produced in the United Throughout my tenure in Congress, I have ployed, young African-American States. been a staunch advocate for innovation and women unemployed, LatinX men and Madam Speaker, this is a new start, increased funding for research and develop- women, young African-American men, but it brings old friends to the table. It ment, and I am proud that this bill prioritizes young LatinX men and women, and as brings Houston with the Greater Hous- this too. well high school graduates and beyond. ton Partnership with a clean energy di- H.R. 4447 authorizes over $4 billion for re- That is the ordinary Americans in H.R. rector who wants to move toward low search, development demonstration, and com- 4447, the Clean Economy Jobs and In- carbon. It brings energy companies mercial application to advance cutting-edge renovation Act. that I questioned during the BP spill So I thank Mr. PALLONE and Ms. that indicated to me they have a huge newable energy technologies, including solar, JOHNSON for their leadership. environmental section in their corpora- wind, geothermal, and waterpower. Let me tell you, Madam Speaker, the tions. We can all work together. It also drives investment in clean energy in- journey that I have taken. I have been I am a strong supporter of the Clean novation by increasing funding for the Ad- an energy lawyer. I have worked in the Economy Jobs and Innovation Act be- vanced Research Projects Agency-Energy, in- arena where we have had fossil fuel. cause it is going to bring jobs and re- cluding a path to double its funding by fiscal But do you know what, Madam Speak- envision America. year 2025. er? The Greater Houston Partnership, Madam Speaker, as a senior member of the Madam Speaker, it is no secret that climate our chamber, has just designated a House Judiciary and Homeland Committees, I change disproportionately impacts low-income, clean energy director to work on low rise in strong support of H.R. 4447, the ‘‘Clean communities of color. carbon in our community. Economy Jobs and Innovation Act,’’ which H.R. 4447 prioritizes clean energy projects The transition to a low-carbon soci- makes long-overdue reforms to U.S. energy located in low-income and marginalized com- ety by investing in clean energy this policy and authorizes major investments in the munities and advances the development of bill provides, distributing energy re- transition to a low-carbon future. technologies and practices that expand access sources, an energy storage system, and This robust legislation promises to usher in to clean energy, including $25 million for a microgrid, all of which builds resil- a new era in American innovation, serving as grants to deploy energy storage and iency and are crucial to reducing a down-payment on comprehensive climate microgrids in rural communities and $1 billion greenhouse gas emissions. action. for solar installations in low-income commu- I introduced legislation dealing with It includes: nities. Programs to develop and deploy renewable wetlands to be able to ensure that the In addition, the bill restores private rights of and distributed energy resources; improve the wetlands would be recaptured when action against recipients of federal funding efficiency of our homes and businesses; elec- they are being utilized for energy pro- trify our transportation sector; modernize the based on discriminatory disparate impacts. duction, and we use that for the envi- grid and enhance its resiliency; prioritize the I have seen first-hand the reality of environ- ronment and for jobs. needs of environmental justice communities; mental injustice in my own district. But here we have a response to the and reduce carbon pollution from industrial The Fifth Ward and the northeast neighbor- issue of low carbon. My district was and traditional sources. hoods in Houston, Texas, are predominantly devastated by Hurricane Harvey. That Taken together, these measures provide a comprised of African American residents. is climate change. So it is important to path towards modernizing our energy system They are some of the oldest and poorest recognize that climate change dis- while also taking an important forward in ad- communities in Houston. proportionately impacts low-income dressing the current the climate crisis in addi- The median income in the area is $26,644, communities of color. H.R. 4447 tion to growing our economy. compared to $49,399 for all of Houston. prioritizes clean energy projects lo- Specifically, this bill supports the transition About 35 percent of families here live in cated in low-income, marginalized to a low-carbon economy by investing in clean poverty, more than double Harris County’s 14 communities. My constituents are energy, distributed energy resources, energy percent poverty rate, according to the Census. waiting in line for these jobs. It ad- storage systems, and microgrid, all of which It is also the location of a cancer cluster due vances the development of technologies build resiliency and are crucial to reducing to creosote contamination from the neigh- and practices that expand access to greenhouse gas emissions. boring railroad yard. clean energy. Furthermore, H.R. 4447 sets new energy ef- For decades, a railroad company operated a I represent a community where con- ficiency standards for buildings, which roughly wood treatment facility, dipping railroad ties in tamination by creosote came, and count towards 30 percent of greenhouse gas the preservative creosote, a cancer-causing Superfund, trying to clean that up. In pollution, and provides funding for schools, chemical listed as a hazardous substance by the meantime, people are suffering homes, municipal buildings, and manufac- the Environmental Protection Agency. from cancer clusters. So when we talk turing facilities to improve efficiency and de- The creosote emitted fumes, leached into about cleaning the environment and ploy energy-efficient technologies. the soil and ran through ditches when it rained creating jobs, we are long overdue for Reducing our carbon output is crucial in the or flooded. the Clean Economy Jobs and Innova- fight against this current climate crisis, and we At my urging, the Texas Department of tion Act. are in a crisis. State Health Services (DSHS), conducted a

VerDate Sep 11 2014 08:04 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00153 Fmt 4634 Sfmt 9920 E:\CR\FM\K23SE7.075 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4872 CONGRESSIONAL RECORD — HOUSE September 23, 2020 major study on the incidences of cancer clus- would lead to higher energy costs and If H.R. 4447 were presented to the Presi- ters in the Houston and found that ‘‘the num- discourage innovation and entrepre- dent, his advisors would recommend that he bers of esophagus, lung and bronchus and neurship’’ and ‘‘fails on several other veto the bill. Mr. UPTON. Madam Speaker, I in- larynx cancers were statistically significantly measures.’’ clude in the RECORD a letter from the greater than is expected based on cancer STATEMENT OF ADMINISTRATION POLICY National Association of Home Builders rates in Texas [writ large].’’ H.R. 4447—CLEAN ECONOMY JOBS AND INNOVA- in opposition to the bill due to the ex- This is not a unique occurrence. TION ACT—REP. O’HALLERAN, D–AZ, AND9CO- The prevalence of cancer clusters and other SPONSORS pansion of Federal building codes with- health disparities in low-income, communities The Administration opposes passage of out meaningful provisions to safeguard of color happens far too often across the na- H.R. 4447. The Administration supports clean housing affordability. NATIONAL ASSOCIATION tion. energy, job development, and the innovation economy and adheres to a bottom-up energy OF HOME BUILDERS, This clean energy bill can help many neigh- philosophy that promotes free-markets, Washington, DC, September 21, 2020. borhoods like these. funds scientific research, and honors the Hon. NANCY PELOSI, The Clean Economy Jobs and Innovation choices of producers and consumers. This Speaker, House of Representatives, Act also includes provisions to improve work- bill, however, would implement a top-down Washington, DC. force development and provide labor protec- approach that would undermine the Admin- Hon. KEVIN MCCARTHY, tions. istration’s deregulatory agenda and empower Minority Leader, House of Representatives, Not only does the bill establish a clean en- the government to select favored solutions Washington, DC. DEAR SPEAKER PELOSI AND LEADER MCCAR- ergy workforce development program to edu- while reinstating big-government policies and programs. THY: On behalf of the more than 140,000 mem- cate and train the next generation of clean en- H.R. 4447 would lead to higher energy costs bers of the National Association of Home ergy researchers, scientists, and profes- and discourage innovation and entrepreneur- Builders (NAHB), I am writing to express sionals, but it also protects domestic manufac- ship. This legislation would bypass well-es- strong opposition to H.R. 4447, the Clean turing by requiring that any project funded tablished processes and procedures and Economy Jobs and Innovation Act. Any ex- under the Act to construct, alter, maintain, or would impose substantial, unwarranted costs pansion of the federal government’s author- repair a public building or public work only use on Federal, State, and local agencies and ity in the code development process without iron, steel, and manufactured goods produced other key stakeholders in both public and meaningful provisions to safeguard housing private sectors. It would do so by setting affordability is invasive, unnecessary, and in the United States. rigid energy savings and water consumption unwise. NAHB has designated opposition to As we seek to rebuild our economy from the reduction targets for Federal agencies, re- H.R. 4447, the Clean Economy Jobs and Inno- devastation of the coronavirus pandemic, we quiring State and local governments to es- vation Act. as a key vote. must look to invest in sectors of the economy tablish strict building codes that are not H.R. 4447 undermines the independence of that are ripe for growth. grounded in available technologies, and man- the consensus-based code development proc- Prior to the coronavirus pandemic, clean en- dating a rigorous transition from ess by expanding the federal government’s ergy was one of the biggest and fastest-grow- hydrofluorocarbon use in the private heating role and authority. This legislation man- and cooling sector. ing employers across the country. dates that the Department of Energy (DOE) H.R. 4447 also fails on several other meas- establish national energy savings targets for In 2019, clean energy’s share of the entire ures. Its proposed creation of new workforce residential construction. After the consensus energy workforce was 40 percent. development, training, and other related pro- codes-writing bodies approve a new model In fact, Texas boasted the second-highest grams is unnecessary and would lead to code, DOE is mandated to submit proposals number of clean energy jobs with over greater fragmentation of the workforce sys- directly to the code developer, absent of 233,000 clean energy workers. tem and duplication of efforts between Fed- stakeholder input, if DOE deems the federal Furthermore, Texas served as the nation’s eral agencies. To support the substantial target has not been met by the model code. largest contributor of wind-generated jobs in costs of these programs, the bill would au- H.R. 4447’s Washington-knows-best regime thorize billions in new annual spending. It the nation, with over 25,000 Texas working on fails to meaningfully factor in housing af- would also create a ‘‘green bank’’ that would fordability, and it avoids the critical checks wind energy and an additional 192,000 jobs in subsidize projects similar to well-known fail- and balances that are conducted by the code energy efficient heating and cooling systems, ures like Solyndra. It ignores the importance development stakeholders. This top-down ap- solar power, and electric vehicles. of permitting reform while endorsing more proach denies the consensus bodies the free- Madam Speaker, investing in clean energy government control and mandates on goods dom of decision-making, rendering the code and properly training the workforce for this and products without consideration of the development process irrelevant and super- new economic sector is the key to creating cost to consumers. It would also set up new fluous. more high-paying jobs in the United States. mandates and regulations that would undo Further, H.R. 4447 mandates a new regu- the Administration’s significant progress in According to the Brookings Institute, jobs in latory and reporting regime for states to jus- lowering emissions and cleaning our air and tify their decision to modify their building green energy sectors often pay better. water. Finally, H.R. 4447 would interfere codes. The bill creates additional burdens by Even for hourly workers in jobs like elec- with how we have been designing our own en- demanding that states that seek access to tricians and carpenters, which require a lower ergy and environment destiny free from the parts of a $200 million grant program must threshold of formal education, around 50 per- reins of the Paris Climate Accord and inter- provide notice of whether they have met the cent of workers have completed only high national agreements or organizations that bill’s compliance mandates or justify why school or less, and yet they earn higher ignore the clear lessons that have led to they cannot comply—a requirement that American energy independence. must be met every two years. This burden- wages than their counterparts in other indus- Since January 2017, the United States has tries. some process significantly limits the ability experienced a remarkable turnaround in its of states and local governments to focus on I applaud the forethought of this bill and ap- energy fortunes. In a few short years, our adopting newer codes if they are constantly preciate its dual focus of addressing the fac- Nation has achieved energy independence required to demonstrate compliance with tors that contribute to the current climate crisis and become a net energy exporter and a this legislation. as well as seizing the economic opportunities world energy powerhouse. We have increased NAHB has long supported the development that this challenge presents. exports of United States Liquefied Natural and implementation of reasonable, practical, I urge my colleagues from both parties to Gas (LNG) by nearly five-fold and issued 20 and cost-effective building codes and stand- join me in voting to pass H.R. 4447. long-term authorizations for LNG exports to ards. NAHB works as a partner with all lev- non-free trade agreement countries. The Mr. UPTON. Madam Speaker, I yield els of government to encourage energy effi- United States is the number one producer of ciency; however, we strongly oppose federal myself the balance of my time to close. oil in the world and has maintained its sta- mandates that are not cost-effective and Madam Speaker, Republicans do sup- tus as the top producer of nuclear power and jeopardize housing affordability. Failure to port clean energy, but we oppose the top producer of natural gas, as well as consider the true economic costs of required wasteful government spending and top- the world’s second-leading generator of wind energy-use reductions in model energy codes down policies that make energy more and solar power. Crucially, while dominating and establish reasonable payback periods for expensive, reduce consumer choice, and in energy production, the United States con- these investments will result in fewer fami- threaten our energy security. tinues to lead the world in reducing energy- lies being able to achieve the American Madam Speaker, I include in the related carbon dioxide emissions. Americans dream of homeownership. now have greater access to energy that is For these reasons, NAHB is designating a RECORD a Statement of Administration abundant, affordable, clean, and reliable, and key vote in opposition to H.R. 4447, the Clean Policy from the Office of the President the Administration looks forward to con- Economy Jobs and Innovation Act. of the United States recommending a tinuing our successful approach to build on Sincerely, veto. The letter states: ‘‘H.R. 4447 these achievements. JAMES W. TOBIN III.

VerDate Sep 11 2014 09:48 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00154 Fmt 4634 Sfmt 0634 E:\CR\FM\A23SE7.021 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4873 Mr. UPTON. Madam Speaker, I yield changed. Our energy needs have Finally, this bill makes a critical in- back the balance of my time. evolved. Technologies have matured, vestment in carbon capture and stor- Mr. PALLONE. Madam Speaker, may and the need for climate action has be- age technology. We have to recognize I ask how much time is remaining. come urgent. The policies that govern that today, as we speak, most of the The SPEAKER pro tempore. The gen- how we produce, transport, store, and energy used for electricity, transpor- tleman from New Jersey has 4 minutes use energy are outdated. Our energy in- tation, and industrial processes in our remaining. frastructure is in desperate need of Nation and across the world are still Mr. PALLONE. Madam Speaker, I modernization, and Federal invest- produced from fossil fuels. To realisti- yield myself the balance of my time for ments in energy-related research, de- cally hope to combat the worst effects the Energy and Commerce portion of velopment and deployment aren’t of climate change, we have to invest in this debate. meeting the needs of the 21st century. technologies that can clean up the bulk I find it strange, Madam Speaker, We need to transition to a clean, low- of our current pollution sources, both that the Republicans pose as the de- carbon economy, and that requires here and abroad. fenders of fiscal responsibility and low- major investments and reforms to U.S. All of the 16 bills that the Committee ering the deficit when they have what energy policy. on Science, Space and Technology con- I consider a dismal track record on Madam Speaker, this bill, the Clean tributed to this package are bipartisan that issue. Economy Jobs and Innovation Act, in- pieces of legislation. This reflects the In 2017, they rushed through a tax cludes a broad suite of measures to en- broad support of these bills in both the bill that only rewarded the wealthiest able that transition in a way that cre- environmental and business commu- while drowning our children’s future in ates jobs, reduces pollution and nity—having received support from a sea of debt. unleashes American innovation. groups as diverse as the NRDC, the What do Republicans do when they The scope of the legislation—I know U.S. Chamber of Commerce, the create deficits by cutting taxes with- there have been comments about the League of Conservation Voters, and the out paying for it? They propose cuts to size of the bill—the scope of this bill National Association of Manufacturers. existing programs and reject funding reflects our commitment to delivering Madam Speaker, I want to take a for initiatives that benefit everyday ambitious and long overdue upgrades moment to thank our current Sub- Americans. to our Nation’s energy system. committee on Energy chair, LIZZIE To be clear, the Congressional Budg- Madam Speaker, I urge my col- FLETCHER, and our former chair, CONOR et Office estimates that this bill would leagues, given what we are faced with LAMB, for their hard work in getting us add a whopping zero dollars to the def- today, please, this is why both sides of to this point today. icit. I stress that again: zero dollars to the aisle should support the underlying I also thank my fellow committee the deficit. bill. chairs, FRANK PALLONE and RAU´ L GRI- But if the Republicans are so intent Madam Speaker, I yield back the bal- JALVA, for their tireless work on H.R. on talking about costs, they ought to ance of my time. 4447 and their commitment to fighting look at the cost of climate inaction The SPEAKER pro tempore. All time for climate change. and the economic harm of letting our for the Committee on Energy and Com- H.R. 4447 will not, on its own, prevent competitors lead the global clean en- merce has expired. climate change, but it is a vital first ergy technology race. By the end of the Ms. JOHNSON of Texas. Madam step in addressing this threat. If we century, lost wages from climate-re- Speaker, I yield myself such time as I don’t take the first step, we will never lated damages will reach $155 billion; may consume. get anywhere in our efforts to address mortality from extreme temperatures Madam Speaker, the threat of cli- this growing crisis. will surpass $140 billion; and coastal mate change is one of the most urgent Madam Speaker, I urge my col- property damage will approach $120 bil- threats we face. leagues to support this bill, and I re- lion. All told, the U.S. economy could Today, as we speak, vast portions of serve the balance of my time. lose more than 10 percent of its GDP. the West Coast of our Nation are con- Mr. LUCAS. Madam Speaker, I yield The economic benefits of action, in sumed with wildfires. To the south, our myself such time as I may consume. contrast, are significant: limiting country has already been repeatedly Madam Speaker, I am disappointed warming to 1.5 degrees Celsius will pounded by tropical storms and hurri- that we are here today to consider a yield more than $20 trillion in global canes this year. Severe weather and massive, impractical messaging bill in- economic benefits annually in the dangerous heat waves are becoming instead of voting on real clean energy so- same timeframe. creasingly commonplace. Coral reefs lutions. The bill before us lays a strong foun- around the world are dying off, threat- At the very first Committee on dation for reaching these scientifically ening whole ecosystems, and the ocean Science, Space, and Technology hear- set climate targets. Meanwhile, House is becoming more acidic, which puts in ing this Congress, I committed to ad- Republicans are using tired gimmicks peril an entire food chain vital to feed- dressing climate change and global to argue about a deficit they created, a ing humanity. greenhouse gas emissions through claim the CBO has thoroughly de- The threat of climate change is here, science and technology. bunked. If we continue to entertain and it is long past time for Congress to My Republican colleagues and I have these tried and true delay tactics, we take action to combat it. worked in good faith to create bipar- are going to lose the global clean en- Responding to climate change is also tisan legislation that supports much- ergy race and ensure the worst effects an opportunity to reinvent our econ- needed research and development into of climate change. We will saddle our omy and propel it into the 21st cen- nascent, clean energy technologies. economy and generations to come with tury. We have the opportunity to make And when I say bipartisan, I mean the cost of extreme weather and reduce America the leader in a host of clean truly bipartisan. My friend across the economic productivity. This is already energy technologies that will boost our aisle will try to characterize H.R. 4447 happening, Madam Speaker. economy and bring good, high-paying as bipartisan. But that is not strictly But if we reduce our carbon pollution jobs. accurate. This bill was written without and invest in clean energy tech- H.R. 4447, the Clean Economy Jobs Republican input, and we were given nologies, then we can both protect our and Innovation Act, will do just that one week to read and consider 900 pages environment and grow our economy. by investing unprecedented amounts in of legislative text. We can lead the world in energy inno- clean energy research and develop- Some provisions in this bill were con- vation and lead our allies in addressing ment. This bill also makes long over- sidered and passed with bipartisan sup- the climate crisis. due investments in grid modernization port at the committee level, but they and large-scale energy storage, which were changed without consultation be- b 1730 are key to allowing us to unlock the fore they were included in this bill. Now, it has been 13 years since Con- full potential of intermittent renew- Other provisions have a single Repub- gress last passed major energy legisla- ables and other clean energy invest- lican cosponsor, which technically tion. Since then, the world has ments. makes them bipartisan, but certainly

VerDate Sep 11 2014 09:48 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00155 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.078 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4874 CONGRESSIONAL RECORD — HOUSE September 23, 2020 doesn’t indicate that there is wide- together to negotiate a consensus bill Critical work on carbon capture is spread support from both parties. that doubles our investment in ARPA- going on right now in my district, and Madam Speaker, we do have truly bi- E’s high-risk, high-reward research we have a real opportunity to reduce partisan bills on research and develop- while establishing guardrails to make carbon emissions through these and ment of clean energy technologies. We sure we are using our limited research other carbon capture efforts. could be considering those today. dollars wisely. To continue the important work of For instance, the Committee on H.R. 5347, the Advanced Geothermal modernizing the use of fossil fuels, Science, Space, and Technology has a Research and Development Act, au- Houston companies and universities long history of strong support from thorizes cutting-edge geothermal re- will be eligible to compete for an esti- both sides of the aisle for basic research and development so we can take mated $14 billion in grant funds made search. advantage of this vast and largely un- possible by this bill. Why? Because without fail, basic re- tapped renewable resource. I am also glad that this bill includes search has generated breakthrough And H.R. 2986, the Better Energy the ARPA-E Reauthorization, legisla- technologies that have revolutionized Storage Technology Act, or the BEST tion passed through our subcommittee energy production in America, making Act, authorizes a crosscutting research to reauthorize funding for the Depart- it cleaner, cheaper, and more efficient. and development program to accelerate ment of Energy’s Advanced Research Basic research at our national labs is high-priority energy storage tech- Projects Agency-Energy to help ad- pioneering technologies that capture nology. This is critical to more effi- vance high-potential, high-impact technologies in the early stages of de- carbon emissions from coal, natural cient and consistent use of renewable gas, batteries that store energy from velopment. technologies, like solar and wind. While I support these and other im- intermittent energy sources like wind Giving any one of these bills consid- portant provisions of this bill, I recog- and solar, and advanced nuclear reac- eration today, would guarantee more nize that it is not a perfect bill. I am tors that can provide cleaner, more af- progress on clean energy technology disappointed that my amendment to fordable power. than this messaging bill. address some outstanding issues re- This is the kind of work that private If we are serious about addressing cli- lated to eminent domain and pipeline industry generally can’t perform be- mate change and providing Americans construction was not made in order. cause it is simply too risky to invest with clean, affordable energy, we need Our conversation about our energy in. Government-funded basic research to be serious about the basic research future is vital for all of us. I look for- makes groundbreaking discoveries and that supports the goal. ward to continuing my work with my American industry then translates Madam Speaker, I hope we can put colleagues on both sides of the aisle to that into marketable technologies, aside partisan performances like this ensure that we are able to build the in- making our economy stronger, our en- and instead focus on supporting re- frastructure we need to ensure the reli- ergy production more efficient. search into the next generation of able delivery of American energy So why does this bill largely ignore clean energy technology. across the country and to collaborate basic research? H.R. 4447 doesn’t in- Madam Speaker, I urge my colon the essential research that we need clude any support for the Department leagues to oppose this bill, and I re- and that we focused on so much in our of Energy’s Office of Science, which serve the balance of my time. committee work. drives basic research and represents Ms. JOHNSON of Texas. Madam In the energy capital of the world, we more than half of the Department’s en- Speaker, I yield 3 minutes to the gen- have unique and critical expertise to tire civilian Federal R&D portfolio. tlewoman from Texas (Mrs. FLETCHER). offer this conversation, and it will help Instead, the bill before us today Mrs. FLETCHER. Madam Speaker, I us chart a path forward together. spends $35 billion to increase funding thank Chairwoman JOHNSON for this Madam Speaker, this bill represents for every applied energy office at the opportunity and for her bipartisan some of the things we can do together. DOE. While applied energy programs leadership of the Committee on And for that reason, I will vote in favor play an important role in improving ef- Science, Space, and Technology during of it, and I urge my colleagues to do ficiency in various industry sectors, this Congress. the same. they can only do so much. This bill is Madam Speaker, I rise today in sup- b 1745 throwing money at renewable energy port of H.R. 4447 and the important Mr. LUCAS. Madam Speaker, I yield industries that are already mature and bills from the Committee on Science, 5 minutes to the gentleman from Texas competitive, instead of investing in the Space, and Technology that are in- (Mr. WEBER), the ranking member of next generation of clean energy tech- cluded in this bill. the Subcommittee on Energy. nology. I am proud to represent Houston, Mr. WEBER of Texas. Madam Speak- If you will pardon the farming anal- Texas, the energy capital of the world, er, when I testified before the Rules ogy, this is like spending all your and our country leads the world in en- Committee on Monday, I called the bill money to build a better plow instead of ergy production and innovation be- before us today the 900-page gorilla in investing in a tractor. cause of the work that we do in Hous- the room. This is it right here. Bipar- If we truly want clean, affordable, ton. We innovate, we create, we re- tisan? It is about as bipartisan as two sustainable energy for Americans, we search, and we power the world. wolves and a lamb discussing what to can and must do better than this. H.R. 4447 will help ensure that we have for dinner. Madam Speaker, I have introduced continue to do so with a meaningful in- Let me tell you, as I stand before you legislation designed to boost American crease in the Federal resources nec- today, Madam Speaker, H.R. 4447, the competitiveness and address climate essary to develop critical energy tech- Clean Economy Jobs and Innovation change. H.R. 5685, the Securing Amer- nologies that we will rely on in our en- Act, has only picked up speed as it ican Leadership in Science and Tech- ergy mix into the next century. charges dangerously toward passage. nology Act, will double funding for the As the center of energy expertise and Starting with the backroom process, Office of Science, update our research experience in the country, my con- 98 out of 176 submitted amendments facilities and infrastructure, and im- stituents in Houston are well-posi- were made in order, and there seems to prove tech transfer. It is a thoughtful tioned to utilize the financial support be no rhyme or reason why. I person- investment in the future of American provided through this bill and to help ally submitted two that were ruled out science. chart the course for our energy future. of order. One was on nuclear research— And there are other bipartisan bills I am particularly glad that to expand you want to talk about clean energy, we could be considering today, all of research and development of large- green—one on nuclear research and de- which have close Senate companions scale demonstration of carbon capture, velopment, and one was a simple sense and strong bipartisan Senate interest: utilization and storage technologies, of Congress to ensure the long-term H.R. 4091, the ARPA-E Reauthoriza- this package includes legislation I stability of fossil fuels, the bedrock of tion Act, was passed out of the Com- helped lead with my friend from Fort our Houston economy that the gentle- mittee on Science, Space, and Tech- Worth, Mr. VEASEY, the Fossil Energy woman from Texas was just talking nology last year after both sides came Research and Development Act. about.

VerDate Sep 11 2014 09:48 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00156 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.079 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4875 Yet my Democrat colleagues on the ful, renewable resource to power our Rather than turn off the light switch other side of the aisle have said this homes, buildings, and communities. and force our economy into a blackout- bill is a simple marker meant to pass According to the Department of En- ridden future of renewable sources, we the House and meet the Senate and ergy, there is enough kinetic energy in need to utilize what is still readily their energy package at conference to waves and tides along the U.S. coast- available to us. That is why I am sup- iron out the details. The problem with line to meet a significant portion of portive of carbon capture, utilization, that is that they are ignoring the real our Nation’s power needs. and storage. bipartisan, bicameral legislation that As we transition to a 100 percent I believe that, when developed, these has already been ironed out. clean energy economy, we have the op- technologies stand to only improve our Let’s use it. That would be a new portunity to capture the power of the fossil fuel power generation and even wrinkle in their thinking. ocean to help mitigate the climate cri- hold the potential to make it a clean My nuclear R&D amendment, which sis. Oregon is at the forefront of ma- energy source. But, as written, the leg- won’t even have a chance to be voted rine energy, thanks to the leadership of islation before us lacks a focus on crit- on, is composed of language that has Oregon State University, the Pacific ical basic research that will advance support in the Senate and closely mir- Marine Energy Center, and pioneering these technologies. rors their Nuclear Energy Leadership businesses like Vigor. Areas like advanced computing, man- Act, or NELA, a priority of Senator Last year, I visited the Ocean Energy ufacturing, and materials research will MURKOWSKI. device, built by workers at Vigor, be- maximize our Nation’s fossil fuel re- This just goes to show that today’s fore it was deployed off the shores of sources. Simply building more dem- bill and the rushed process behind it is Hawaii for a pilot. It was not until I onstration projects similar to those al- simply another messaging exercise, was standing in front of this enormous ready in existence, like Petra Nova in that the Democrats have no intention device that I grasped the scale of this Texas or the National Carbon Capture of negotiating to the point of it actu- resource and what we can gain from it. Center in Alabama, will not develop ally being signed into law. Marine energy has tremendous poten- next-generation membranes for direct There is a novel thought. tial as one of the last untapped renew- air capture or novel solvents for en- On top of the hasty procedure to rush able energy sources, and Federal in- ergy-efficient gas separation. through regular order, this bill has vestment can help unlock it. My bipar- Additionally, this bill makes out- been falsely labeled bipartisan, as our tisan Water Power Research and Devel- rageous funding increases to the De- great friend from Oklahoma said. I opment Act would reauthorize funding partment of Energy’s Office of Fossil have listened to my Science Com- for research, development, demonstra- Energy. Currently funded at $750 mil- mittee Democrat colleagues boast that tion, and commercialization of marine lion for fiscal year 2020, this bill in- all of our relevant sections are bipar- energy within the Department of Ener- creases the office’s budget to a whop- tisan. Really? Yet, Madam Speaker, gy’s Water Power Technologies Office. ping $3 billion in fiscal year 2025 and they won’t mention that 7 of the 17 This funding supports the leading re- spends $15 billion over the next 5 years. bills that are cosponsored by Repub- search and development efforts at Pa- I am intrigued that some of my Dem- licans are not even on the Science cific Marine Energy Center and will ocrat colleagues who have stated their Committee. help their efforts to establish a wave goal to completely phase out fossil When the Republican committee energy test facility off the coast of Or- fuels in the next 10 years would support members who sat through hearings egon. such a massive increase. At the same heard from the stakeholders and tried As a member of the Select Com- time, however, I am encouraged to see to amend these bills decided to oppose mittee on the Climate Crisis, I am more folks on the other side of the the legislation, the Democrats looked pleased that this package includes aisle acknowledge the long-term neces- for any name with an ‘‘R’’ next to it many provisions from our bold, com- sity of fossil fuels in our clean energy just to check the box of ‘‘working to- prehensive, science-based Climate Cri- future. gether.’’ sis Action Plan. I am unquestionably a staunch sup- Once again, I will say it. If my col- I thank Chairwoman JOHNSON, Con- porter of fossil fuels and, specifically, leagues on the other side were serious gressman YOUNG, and Congressman the DOE Office of Fossil Energy, but about ensuring that this bill is more DEUTCH for their support. we must act in a fiscally responsible than just an opportunity for another I urge my colleagues to support this manner. We cannot undertake this sound bite, they would bring together bipartisan energy package. massive funding increase of 300 percent the correct parties to reach a con- Mr. LUCAS. Madam Speaker, I yield while simultaneously increasing ap- sensus the President would actually 3 minutes to the gentleman from Texas plied energy programs like wind and sign into law. (Mr. BABIN), the ranking member of the Madam Speaker, I am disappointed Subcommittee on Space and Aero- solar. This is a disservice to the al- in this wasted opportunity. The United nautics. ready strapped American taxpayer, and States has the ability to lead the world Mr. BABIN. Madam Speaker, like I urge its rejection. in technology. We have the ability to many of my Republican colleagues, I I want to thank Ranking Member lead the world in technological solu- had what I believed to be an essential LUCAS, my friend from Oklahoma, for tions, and we can produce clean energy amendment ruled out of order. Simply his leadership on the Science Com- sources for the next generation, those put, my amendment ensured that fossil mittee. jobs the gentlewoman from Houston, fuel power generation systems were not Ms. JOHNSON of Texas. Madam Texas, was talking about. But, sadly, left behind as we try to navigate a Speaker, I yield 2 minutes to the gen- today’s bill misses that mark. clean energy future. tleman from California (Mr. For that reason, I urge my colleagues From schools to hospitals, too much SWALWELL). to oppose this legislation. of our critical infrastructure is cur- Mr. SWALWELL of California. Ms. JOHNSON of Texas. Madam rently dependent on the systems that Madam Speaker, I rise in support of Speaker, I yield 2 minutes to the gen- we already have in place. No matter H.R. 4447, the Clean Economy Jobs and tlewoman from Oregon (Ms. BONAMICI), which side of the aisle you are on, you Innovation Act. a very dynamic member of the com- cannot argue against the fact that fos- I want to thank Speaker PELOSI, Ma- mittee. sil fuels are the status quo right now jority Leader HOYER, Chairwoman Ms. BONAMICI. Madam Speaker, I and some of the very cheapest. JOHNSON, Chairman PALLONE, and mi- rise in support of the Clean Economy But we don’t get the chance. We will nority leadership for working to put Jobs and Innovation Act, which in- not have the chance to express that this bill on the floor today. cludes my Water Power Research and support today. Instead, we will get this I would like to focus on title X of Development Act. Democrat dream sheet forcefully this bill, which is an amended version Oceans cover more than 70 percent of passed, only to then die with no Senate of my bill, H.R. 4481, the Securing En- the surface of our planet. Waves, cur- interest. We are missing a golden op- ergy Critical Elements in American rents, and tides can be used as a plenti- portunity for bipartisan solutions. Jobs Act of 2019.

VerDate Sep 11 2014 09:48 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00157 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.082 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4876 CONGRESSIONAL RECORD — HOUSE September 23, 2020 Title X addresses energy-critical ma- by the Department of the Interior; and establish a research and development terials, which are important compo- of these, 14 are imported to the U.S. at program for cost-effective, sustainable nents of advanced technologies, includ- a rate of 100 percent. energy storage systems, including testing cellphones, laptops, jet engines, gas On the list are lithium and graphite ing and validation activities. and wind turbines, solar panels, and that power clean energy solutions, all It directs the Department to develop state-of-the-art batteries. of which are controlled by China. a 5-year strategic plan to continue to Our Nation relies on imports for at China, in fact, holds an overwhelming identify and refine research goals for least 80 percent of its domestic needs advantage in access to critical min- the program, and it would establish an for 21 of 35 of these critical materials. erals, and the COVID–19 pandemic has energy storage demonstration program Some of these materials are difficult to made it dangerously clear that we can- to help put more energy storage sys- mine cost effectively, and China con- not, as a nation, rely on China for our tems on the electric grid. trols 80 percent of the supply. Ensuring essential resources. Energy storage technologies take a reliable, responsible, and stable sup- In May, I introduced H.R. 7061, the many forms, including batteries, ply of critical materials is vital to our American Critical Mineral Exploration pumped hydropower, thermal energy national, energy, and economic secu- Act, which builds on the successes of storage, or chemical energy stored as rity. the Senate’s American Mineral Secu- hydrogen. The development of cost-ef- Previously, the Department of En- rity Act by taking a more comprehen- fective storage systems will help re- ergy established a limited-term Crit- sive approach to onshoring these crit- duce the intermittency issues of renew- ical Materials Institute to help ensure ical mineral supply chains. able generation sources like solar and a reliable supply of energy-critical ma- b 1800 wind energy and will also help provide terials. Unfortunately, CMI has never grid services, such as frequency regula- been specifically authorized. The lan- Earlier this year, it seemed like tion to ensure the stability of the elec- guage I offered in title X would prop- many of these provisions would be con- trical supply that consumers depend erly authorize and codify CMI. sidered in good-faith negotiations with on. And they will begin to address the Additionally, the DOE would be re- Science Committee Democrats, but un- seasonal variation, which is the final quired to utilize the expertise of Fed- fortunately, despite our shared goals, frontier of energy storage technology. eral agencies, the private sector, and we have had to pause negotiations in In my home district of Illinois, re- our national laboratories. Two of these order to now consider this partisan searchers at Argonne National Lab are laboratories, Lawrence Livermore and messaging bill that is on the floor leading a national collaboration to ac- Sandia, are both in my congressional today. This is a waste of the taxpayers’ celerate the development of advanced district. money, and a waste of the few remain- batteries, including novel cathode, I would also like to thank my col- ing legislative days. anode, and electrolyte designs, as well leagues for including this language in The SPEAKER pro tempore. The as new materials synthesis and charac- the package, and Adam Rosenberg on time of the gentleman has expired. terization tools. the committee staff for his work on Mr. LUCAS. Madam Speaker, I yield And that is why I am so pleased to this topic and Adeola Adesina on my an additional 1 minute to the gen- see provisions of the BEST Act in the staff for the long work on this topic, tleman from Florida (Mr. WALTZ). Clean Economy Jobs and Innovation which has been for over 6 years in our Mr. WALTZ. This is why I offered an Act. office. amendment to replace the critical ma- I would be remiss if I did not ac- Tomorrow, I will launch the Critical terials text in H.R. 4447 with the Amer- knowledge the hard work of my col- Materials Caucus with my friend from ican Critical Mineral Exploration Act, league on the Science Committee, Mr. Pennsylvania, Republican GUY and I was disappointed to see it was CASTEN, who introduced the Promoting RESCHENTHALER, to continue work on not made in order. I find this sur- Grid Storage Act of 2019. His bill con- this issue. prising, since my bill serves as an ex- tained many important provisions that I urge all Members to support H.R. panded companion to the Senate’s Crit- have helped strengthen the version of 4447. ical Mineral Security Act, which was the BEST Act that we are considering Mr. LUCAS. Madam Speaker, I yield included in Chairwoman MURKOWSKI’s within this package. 3 minutes to the gentleman from Flor- American Energy Innovation Act, and Madam Speaker, I urge my col- ida (Mr. WALTZ), an esteemed member House Democrats claim the goal of leagues to join me and vote ‘‘yes’’ on of the Science Committee. H.R. 4447 is to mirror that package. We H.R. 4447. Mr. WALTZ. Madam Speaker, H.R. clearly see that is not to be the case. Mr. LUCAS. Madam Speaker, I yield 4447, the Clean Economy and Jobs In- It is time to get back to work on 2 minutes to the gentleman from Indi- novation Act, authorizes research and clean energy solutions, on bipartisan ana (Mr. BAIRD), the ranking member development activities across the De- solutions, and addressing China. It is of the Subcommittee on Research and partment of Energy’s applied energy time to act on our promises of biparti- Technology. programs. sanship. The majority has now can- Mr. BAIRD. Madam Speaker, today I As my colleagues have noted, while celed our agreements on the China rise in opposition to H.R. 4447, the there are several bipartisan provisions Task Force, clean energy, and critical Clean Economy Jobs and Innovation in this package, they are outweighed, minerals. Act. unfortunately, by partisan priorities in Madam Speaker, I urge my col- My reason for this is like many of my a rushed and irresponsible legislative leagues to oppose this legislation. Republican colleagues, it has a mis- process. Ms. JOHNSON of Texas. Madam guided focus on applied energy, and al- I think, by now, we can all recognize Speaker, I yield 2 minutes to the gen- most no focus or attention to basic re- how many missed opportunities for tleman from Illinois (Mr. FOSTER), a search. true bipartisanship have been com- distinguished scientist and member of The area I am concerned about is the plicated by this approach. Critical min- the committee. lack of attention on biological and en- erals is certainly one of them. Mr. FOSTER. Madam Speaker, I rise vironmental research, BER. Critical minerals play a vital role in in support of the Clean Economy Jobs Just a few weeks ago, the Science our everyday lives. Battery storage, de- and Innovation Act. Committee held a hearing on the De- fense systems, healthcare equipment, This act includes provisions from the partment of Energy’s BER office. We medicines, things that impact U.S. na- bipartisan H.R. 2986, the Better Energy heard how their world-class user facili- tional security, economic growth, and Storage Act, or BEST Act, led by me, ties and bioenergy research centers energy independence are all reliant on Mr. CASTEN, Ms. HERRERA BEUTLER, bring together researchers and data for secure and safe access to critical min- and Mr. GONZALEZ. open collaboration, not seen anywhere erals. These provisions set forth a cross- else in the world. However, currently, the United cutting program at the Department of Ranking Member LUCAS’ bill, H.R. States is dependent on other countries Energy to advance a suite of energy 5685, the Securing American Leader- for 31 of 35 critical minerals identified storage technologies. It directs DOE to ship in Science and Technology Act,

VerDate Sep 11 2014 09:48 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00158 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.083 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4877 authorizes these user facilities and bio- We are in a global competition. Rus- committee Ranking Member BABIN, energy research centers, along with a sia is building seven reactors in Asia, Research and Technology Ranking host of other basic research provisions. has 22 more under contract in Asia and Member BAIRD, and Representatives My point is: That there are produc- Europe, and proposals to put more in WALTZ, CRENSHAW, and FULCHER, and tive alternatives that have the right Africa. China is on pace to double nu- many others for their hard work in focus and are ready to be passed, in- clear capacity by 2030 and has stated it championing energy R&D issues that stead of this partisan package in front wants to build 6 to 8 reactors a year. In will truly deliver on the promise of our of us today. the U.S. we are currently building two. clean energy future. Ms. JOHNSON of Texas. Madam If we fall behind, so does our national It is not too late to make progress. If Speaker, I yield 2 minutes to the gen- security and geopolitical standing. there is one thing to take away from tleman from Pennsylvania (Mr. LAMB), That is why I introduced the Next this, it is that Science Committee Re- a hardworking member of the com- Generation Nuclear Advancement Act, publicans are ready and willing to mittee. which was ruled out of order as an work with our shared priorities. Mr. LAMB. Madam Speaker, I want amendment. All sections of this act, So let’s set aside this bipartisan mes- to thank the chairwoman for bringing the Nuclear Energy Strategic Plan, and saging exercise and start having seri- this bill to the floor. Integrated Energy and Light Water Re- ous conversations about supporting the Madam Speaker, I come from west- actor Programs, have Senate counter- basic research needed to make real ern Pennsylvania, home of the first oil parts with bipartisan support. progress in clean energy. well, home of coal and steel, home of These provisions need to be inserted Madam Speaker, I once again urge the first nuclear power plant, home of for legislation to have a chance at be- my colleagues to oppose this legisla- the fracking revolution, and most im- coming law; anything less is only use- tion, and I yield back the balance of portantly, home of the people who ful as a social media post. my time. built all of these things. Ms. JOHNSON of Texas. Madam And it is as a western Pennsylvanian Ms. JOHNSON of Texas. Madam Speaker, I yield 3 minutes to the gen- today, not as a Democrat or Repub- Speaker, I yield myself the balance of tlewoman from Virginia (Mrs. LURIA). lican, but as a western Pennsylvanian my time. Mrs. LURIA. Madam Speaker, I rise that I am proud to have supported and Let me just simply say, our planet today in support of this bill, H.R. 4447, contributed provisions to this bill. screams out for our help. This is not and applaud the inclusion of nuclear Both Democrats and Republicans will intended to be a Democratic exercise. power as a critical element of our en- vote for this bill tomorrow—they will. It is a stand for a real need to give at- ergy future and our national security. And that is how it should be. tention to the climate change we are Somehow people got the idea that en- As an engineer who operated nuclear experiencing that can only get worse ergy was one more topic that should be reactors in the Navy, I saw firsthand without us doing something. politicized in America, and they are that nuclear power, when deployed So I extend my hand to the Repub- wrong. The future of energy is about safely and responsibly, can play a key lican members of this committee to jobs, not red jobs, not blue jobs, just role in our future as a zero-carbon en- join us and understand that it is not jobs. And we know how to create jobs ergy source. Advanced nuclear designs just a political ploy that we are trying in America when we use our govern- carry potential for our economy, our to do here, it is time for us to address ment to win the race to new tech- national security, and electrical grid, climate change. We are suffering too nologies. That is why I have never as they can provide a steady source of much and losing to many unnecessary thought the best analogy here is the clean energy and reduce carbon emis- spent dollars dealing with the situation New Deal, it is the Manhattan Project. sions. that we are in now. Back then, when we had a threat The Nuclear Energy Leadership Act The people are depending on us to from outside our country, it required section of this bill would jump-start in- take the lead and address the problem. us to double down on all the nuclear novation and advanced nuclear energy So I plead with you, join with us. This science and then get it out of the lab by authorizing $55 million per year is not partisan; it is to save our planet. and into the factories, into the power through 2025 for an advanced reactor I ask you to support this bill, and I plants, into the construction camps. technologies program and establish the yield back the balance of my time. We created jobs. University Nuclear Leadership Pro- The SPEAKER pro tempore. All time And just like that was a competition gram to develop our future nuclear for debate has expired. against Germany, and just like today, workforce. Pursuant to clause 1(c) of rule XIX, we still thank the Greatest Generation The inclusion of my bipartisan legis- further consideration of H.R. 4447 is for refusing to tolerate Germany beat- lation, the Nuclear Energy Leadership postponed. Act, in this bill will facilitate the path ing us to the bomb. Today, we should f refuse to tolerate China beating us to to market for advanced reactors and those jobs. help the U.S. maintain international b 1815 leadership in nuclear technology and Someone will get these jobs. Some- HONORING JAMES BENNETT one will build the next advanced nu- safety. clear reactor. Someone will figure out Madam Speaker, I thank Chair- (Mr. VAN DREW asked and was given how to build a gas-fired power plant woman JOHNSON and Representative permission to address the House for 1 with carbon storage, and someone will LAMB, and the Science, Space, and minute and to revise and extend his re- win the race on batteries. It should be Technology Committee for working marks.) us. And this bill will give us a leg up in with me on this important legislation, Mr. VAN DREW. Mr. Speaker, I each one of those technologies. There and for including the important ele- would like to recognize the life of is no more time to waste. ment of nuclear power in this energy James Bennett. My colleagues across the aisle have package. James was a loved, trusted, compas- raised fair points about their own ideas Mr. LUCAS. Madam Speaker, I yield sionate, and hardworking young man. I and legislation, but make no mistake, myself such time as I may consume. had the pleasure and honor of knowing this bill is a blueprint for more jobs, Madam Speaker, as I said in my him his entire life. less carbon, more science, less par- opening statement, as ranking member James was as gifted athletically as tisanship, and we should all pass it of the Science Committee, I am dis- he was academically, a wrestler who without delay. appointed we are debating a messaging notched 95 wins in high school and was Mr. LUCAS. Madam Speaker, I yield bill today, rather than a substantive also selected into the prestigious Na- 2 minutes to the gentleman from Idaho bipartisan bill, the kind that we tional Honor Society and graduated (Mr. FULCHER). worked on to address clean energy and from Rowan University in south Jer- Mr. FULCHER. Madam Speaker, I climate change. sey. stand in opposition to H.R. 4447. A I would like to thank my Republican The positivity and the energy that he clean energy future is not possible colleagues, Energy Subcommittee brought to this world will be missed by without advanced nuclear energy. Ranking Member WEBER, Space Sub- everyone who had the pleasure of ever

VerDate Sep 11 2014 09:48 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00159 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.085 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4878 CONGRESSIONAL RECORD — HOUSE September 23, 2020 knowing him. I know that I personally gether; we have not stood on the steps the law enforcement officers who rep- miss him very much. of the Capitol; we have not done a resent the thin blue line between us We all wish we had more time on this thing to stand alongside our law en- and anarchy. Earth with you, James, but know we forcement community who keep us safe My grandfather was the chief of po- know that you are looking down on every day. And I think that is an em- lice of Sweetwater, Texas. My great- your mom and your dad, your entire barrassment. It is an embarrassment great-grandfather was a Texas Ranger. family, and your friends, and you are that the people’s House refuses to do I was proud to be an assistant United in Heaven right now. that. States attorney working with the law Rest in peace, my friend, and God Another message: ‘‘I start off first enforcement community. bless you. saying I am law enforcement, and I Where is the people’s House? Again, f want to continue saying thank you for sitting here at 6:23, we had three votes your support. I have watched your C– this afternoon in series. We marched in RECOGNIZING LAW ENFORCEMENT SPAN video so many times, and it gets here, we voted. We don’t have any de- OFFICERS me every time. It is just nice to have bate. We vote, we clean, we vote, we The SPEAKER pro tempore (Mr. some people out here backing us.’’ stand out on the steps, and we walk GARCI´A of Illinois). Under the Speak- Again, this is not about me. I wish out. And, thus, has been the people’s er’s announced policy of January 3, there were 435 Members sitting here on House for the last 190 days. 2019, the gentleman from Texas (Mr. the floor right now together, all doing It is an embarrassment. We are sit- ROY) is recognized for 60 minutes as the that for these people, for those law en- ting here in an empty Chamber. We designee of the minority leader. forcement officers. haven’t passed a PPP extension bill. Mr. ROY. Madam Speaker, last week, Another message: ‘‘Thank you, sir, We haven’t done the hard work of try- I took some time on the floor here in for your speech in the House. We at the ing to make sure our small businesses the House of Representatives to recog- Nevada Highway Patrol were rocked by that are struggling in this environment nize our important law enforcement our first line of duty death since 2006. survive. We sure as heck have not been community and what they mean to the On March 27, 2020, Sergeant Ben Jen- on the floor of this body engaged in American people and why this body kins stopped on a snowy Nevada rural any kind of effort to pass a resolution, should stand alongside, behind, and in road to help a stranded motorist. After to sit here and have a moment of si- defense of our law enforcement com- his attempts to get the motorist’s vehi- lence, an understanding, a recognition munity unapologetically. cle unstuck failed, the motorist pulled for any member of the law enforcement Since speaking on the floor last out a .308 rifle and shot Sergeant Jen- community. week, I have been, frankly, inundated kins in the right shoulder. Sergeant With all due respect to the other by emails, Instagram messages, Jenkins retreated to the back of his ve- side, where is the Speaker? Where is Facebook messages, tweets, phone calls hicle, severely wounded, got ‘shots the Speaker of the House? Last Thurs- from I think all 50 States. The video fired’ over the radio before he col- day, after a number of us gave speeches from the floor of the House of Rep- lapsed. The suspect walked up to Ser- about this issue, after I gave a speech, geant Jenkins as he lay in the cold, resentatives has been seen almost 8 Speaker PELOSI came down to the floor million times. I, frankly, was blown snowy Nevada highway and shot him in of the House and said a handful of away, but it just tells you how many the head. Sergeant Ben Jenkins died words: ‘‘We support peaceful dem- doing what any trooper would do when Americans are looking for the leader- onstrations. We participate in them. they see a stranded motorist. He would ship of their country to stand by and They are part of the essence of our de- have helped anyone. He lost his life stand alongside our law enforcement mocracy.’’ She went on: ‘‘That does not doing it.’’ This person said: ‘‘Your community. include looting, starting fires, or riot- speech was impactful. Thank you for Some of the messages that we re- ing. They should be prosecuted. That is ceived—and this isn’t about me, and being our voice.’’ I don’t know the race of any of these lawlessness.’’ this isn’t about any Member of this Well, congratulations to the Speaker people. I don’t. I don’t know the race of body, but these were some of the mes- the officers. I don’t know the race of of the House for recognizing the rule of sages we received. the perpetrators. I don’t know the race law. The body that passes laws, includ- This was sent to me: ‘‘Your speech of any other victims. I literally have ing our Federal criminal laws, the body about the 43 officers was moving. My no idea. But these are people from all that represents the people, all 330 mil- father is a police officer. The world over the country, thousands calling in, lion of them, the Speaker of that body would make me feel as though I tweeting, checking. They are hungry came all the way down to the floor of shouldn’t be proud of that, let alone for a body that is supposed to represent the House of Representatives to ex- give any support to the police. Thank them in the people’s House to stand up plain to us that she supports the basic you.’’ and just say a simple thank-you. Just fundamentals of the rule of law but did Another message: ‘‘Thank you for ad- say a simple, ‘‘We have got your back.’’ not say a word about law enforcement dressing the 43 law enforcement offi- Since I spoke just under a week ago, and backing them up, did not say a cers who have been killed this year so three more officers have been killed in word about calling out Antifa or BLM far. I am a law enforcement officer’s the line of duty. I read all the names of or any organization behind a lot of the wife for over 20 years. My husband is a the 43 who have been killed last week. activities going on around our country, phenomenal human being and law en- Here are three more: Investigator Luis endangering our communities, burning forcement officer. He has spent his life Mario Herrera, on September 7; Deputy down stores, wrecking people’s lives, protecting strangers. I won’t rant. You Sheriff Ryan Phillip Hendrix, on Sep- putting people in danger, letting people know how we are living right now,’’ she tember 10; Sergeant Alvin R. Sugranes- get killed, having officers put in dan- said. ‘‘I just wanted to thank you for LeBron, on September 16. ger. being bold and brave and having his That means we are up to 46 officers I read through a number of officers six.’’ who have been killed thus far in 2020, a who have been killed throughout this For the record, I don’t consider my- 53 percent increase from the same pe- process, and what are we doing? self bold or brave. I just consider my- riod in 2019. When we had a debate back in June self a representative of constituents As I said last week, eight categorized when it was politicized, Senator SCOTT who share my complete disbelief that as premeditated murder, two were a sent over legislation. Did we have any this body refuses to take any action, to victim of unprovoked attacks, eight robust debate about that? No. We do anything as a body in unison to de- fatal shots were fired at point-blank haven’t had a single vote on an amend- fend and stand alongside our law en- range zero to 5 feet from the officer, ment on the floor of the House since forcement community. eight shot in the front of the head, two May of 2016, and that is an absolute It is an abject failure by the Speaker in the back of the head, six in the neck, embarrassment. of the House of Representatives and nine in the chest. We have groups of people who sit up this body that we have not passed a We have an over 50 percent increase in the Rules Committee. They throw resolution; we have not joined to- in officers killed in the line of duty, down a bill on the floor of the House of

VerDate Sep 11 2014 09:48 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00160 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.088 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4879 Representatives, and we are supposed and my colleagues on the other side of ing where a Member of this body can to march down here like lemmings, the aisle come out and say, ‘‘kids in allow somebody else in this body to push a button yes or no, and then let cages’’; they come out and say, ‘‘drink- cast a vote for him or her. leadership go out on the steps and give ing out of toilets.’’ For two centuries, through the yel- a press conference. It is just simply not true. I have been low fever of 1783, which took out 10 per- How is that representation? Where is to these facilities. We have all been to cent of the population of Pennsylvania, the Speaker? It is not enough to come these facilities. We know it is not true. the burning of the Capitol during the down and give lip service for 10 seconds The Speaker knows it is not true. Yet War of 1812, the Civil War, the Spanish about riots and about how those are that is the stated position of my col- flu of 1918, both World Wars, 9/11, Con- lawless but not come down here and ac- leagues on the other side of the aisle. gress never flinched from its constitu- tually recognize our men and women in ‘‘Kids in cages,’’ the very barriers put tional duty to assemble in the Capital uniform who are serving us in blue up by the previous President and the City. across the country. previous President’s administration for Ten percent of Philadelphia in 1793— Or how about our Border Patrol? How what? To separate kids, to separate think about that—was wiped out. They about ICE? Many of my colleagues on them from other dangerous individuals found a way to meet. They found a way the other side of the aisle like to go who may or may not be their family to carry out their solemn obligation. around saying defund ICE, abolish ICE, members, people coming across claim- The Speaker continues to refuse reg- take away resources from Border Pa- ing to be their parents. We don’t know. ular order. I have already referred to trol and ICE. What are we supposed to do, just that. We bypass the committee process, Have they walked a mile in the shoes take them and throw them to the block amendments for every bill, effec- of the Border Patrol or ICE that I know wolves? Or maybe we should have a tively shutting out participation for on the border in Texas, where cartels system for trying to figure it out. rank-and-file Members of both parties have operational control of our border And you go down there and you look of the House. still to this day right now? We just had and you see what our Border Patrol Just yesterday we voted on a con- apprehensions of about 45,000 in Au- agents are doing, and you see what our tinuing resolution to fund government gust, the second highest number in the ICE agents are doing: working hard to $1.6 trillion, ladies and gentlemen. You last 6 years, second only to last year. try to figure it out when you have are sitting back at home. Yes, another Do you know why that number is low 900,000 people apprehended in fiscal number stuck in front of a trillion— right now? Guess. Title 42 protecting year 2019. $1.6 trillion. our health because of the virus. Our I didn’t make that number up. All Your august body, the House of Rep- men and women in uniform on the bor- right? This is how many people were resentatives, representing you, had ap- der of the United States serving their apprehended. I am not talking about proximately 20 minutes to review the country, my colleagues on the other the ones who got away. I am talking continuing resolution funding $1.6 tril- side of the aisle say abolish them, get about the ones who were apprehended, lion of government, busting caps of rid of them, when they are securing the coming into our facilities, and we have busted caps already busted. border of the United States to manage it. That is your House of Representa- outmanned, outgunned. They can’t Where is the Speaker? Where is the tives, ladies and gentlemen, and I don’t navigate the Rio Grande. Speaker for any member of our law en- think you should accept it. I don’t I would invite any of my colleagues forcement community on the streets in think the American people should ac- to come down along with my Demo- any city in America, Federal, State, or cept this level of complete incom- cratic friend HENRY CUELLAR. He and I local, Border Patrol, ICE? Where is the petence and disgrace that we are seeing have cosponsored legislation to clear Speaker? Completely MIA, wandering on the floor of the House of Represent- cane and open roads along the Rio around D.C. no doubt raising money for atives. Grande. Why can’t we do that? We the D triple C or something to go have Twenty minutes. could do that in a matter of seconds another political speech, but sure as How about that 72-hour rule? We like right on this floor and give our Border heck not on the floor of the House of that? We adopt the rules every time we Patrol and give our ICE agents the Representatives standing alongside law come into Congress. Seventy-two hours ability to actually stop and stem the enforcement. you must have to read legislation, they tide of the horrors being perpetrated by Let’s consider the grand successes of say. Does that ever happen? Let’s be cartels along our border. this body of the House of Representa- honest. Does that ever happen? No. We duck our head in the sand and ig- tives under Speaker PELOSI. And when you go home and you talk nore it while little girls get raped and Proxy voting. For the first time in to your constituents, they say: Why is abused on the journey through Mexico; the history of this body, under the Washington broken? while we find stash houses with 50 peo- Speaker of the House, this body, led by I say: Because we never sit down at a ple in basements in Houston; while Democrats, is allowing proxy voting. table, roll our sleeves up, and do the families get held hostage for ransom; Now, for those of you at home, what work that you do in your home, that while meth comes pouring across our that means is that you can have a you do in your business, that you do in border, fentanyl, cocaine, large quan- Member, as has happened, vote from a your nonprofit, that you do in your tities, pouring across our border; all boat—get on a screen, log in, and vote church to actually balance your budg- while we have been shutting down our from a boat. That happened. et, to actually make tough decisions. way of life, causing people to have ex- This body, if you are elected to it, We never do that. treme mental health concerns and you cannot delegate that which has Democrats and Republicans should be issues and addictions being fed heavily been delegated to you under the Con- appalled at the way this body has been by the Chinese running right up stitution of the United States, by the operating. through the gut through Mexico, right people, that sacred obligation to rep- We should have debate. We should into Texas, right into our country, and resent them, you cannot delegate that have votes. We should have amend- what are we doing? Playing politics to another. That is plainly and clearly ments. with our border instead of doing what unconstitutional. What are we afraid of? Bring your any sovereign nation would do, which I look forward to that question get- amendments down. I will vote, and I is defend the border of the United ting to the Supreme Court. I am proud will go face my constituents and ex- States for the interests of our commu- to be a part of litigating that. I look plain why. nity and the migrants who seek to forward to getting it to the Supreme And you know what? There will be come here, who are being abused, who Court so we can actually answer that tough votes, and they will be used are being sold into the sex trade, who question. against you. are being held ransom by cartels. We don’t need the Court to answer it. And you know what? That is the This body can answer it. It is plainly process. b 1830 unconstitutional. I have already mentioned that the There is a bloody civil war going on Yet for the first time in our history, Speaker refuses to stand for law en- along the border along the Rio Grande, we have allowed and enabled proxy vot- forcement. It took months to even

VerDate Sep 11 2014 09:48 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00161 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.089 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4880 CONGRESSIONAL RECORD — HOUSE September 23, 2020 come down here to condemn the talking about right here, amending, de- servative. He was a constitutionalist. looting and the rioting and the vio- bating, voting. No, no, no. We are going That was his great crime. lence, and she still won’t condemn to go rattle that impeachment and go It took a mere 4 years later for Jus- BLM or antifa. give some press conferences. This is tice Thomas, in his own words, to re- In July, the Speaker’s response to just politicizing the process. ceive a ‘‘high-tech lynching.’’ the chaos on the streets was: ‘‘People Now, we have seen that before. We b 1845 will do what they do.’’ have seen this many times before, the Well, boy, oh boy, is that blowing the politicization of this process. I say to the ladies and gentlemen watching, watch the video. It is on my socks off of our law enforcement com- I was a lawyer on the Senate Judici- Twitter feed. You can go find it. Google munity getting the great leadership ary Committee in 2003. I had the great it. Go watch the great biopic. You can from the Speaker of the House that honor and privilege of serving Senator go find that on PBS. There is a great ‘‘people will do what they do.’’ Well, JOHN CORNYN. I spent 5 years as a law- documentary on the life of Clarence they sure will if we don’t stand behind yer on that committee working on a Thomas who was born into the relative our law enforcement community and host of issues. One of the issues I poverty of Savannah, Georgia. He was stand up for the rule of law. worked on was nominations. raised by his grandfather. Read his The Speaker infamously pushed an Now, you might be asking: Who are these two women? book, ‘‘My Grandfather’s Son.’’ impeachment inquiry without a vote A life overcoming many obstacles to on the House floor for the first time in Well, Judge Janice Rogers Brown was—if my memory serves correctly; I end up at Yale, and then to end up at history. Now, that has played out. I the Supreme Court. And if you remem- haven’t heard much about impeach- don’t have any notes; I am doing this from memory—a supreme court justice ber at his confirmation hearings, what ment over the last 7 months. did he say? He said: This isn’t worth it It gripped the Nation, supposedly. I in California who was nominated to the Ninth Circuit. Priscilla Owen was nom- for the court at the hearings, when he think it gripped the body. I think it was being pilloried, his character as- gripped half of this body. inated to the Fifth Circuit. Now, in 2003, the Democrats in the sassinated. He said, You know what, We spent 6 months essentially shut- the Supreme Court isn’t worth it. ting this Chamber down to pursue that United States Senate sought to stop— that is, filibuster—stop their nomina- But you know what was worth it and inquiry, and now the Speaker is talk- the reason he came back, and the rea- ing about impeachment again. tions. Their great crimes? They were con- son he shoved it right back down the The Speaker has refused to condemn servative women. And in one case, a throats of those members of the Senate the blatant anti-Semitism that some in minority conservative woman. Those Judiciary Committee, including, by the her own party have used, and she her- were their great crimes in 2003, ladies way, Chairman Joe Biden, because it self has referred to Republicans as ‘‘en- and gentlemen. was his character. It was his name, the emies of the people,’’ the Speaker of And that is what your Democrats in name that he had inherited, and he had the House. the United States Senate did: attack- from his grandfather that loved him The Speaker recently referred to the ing them, tearing them down, blowing and raised him. peace agreements, the historic peace up the very process that people are It was his name and he brought that agreements between Israel and Bahrain talking about right now, the confirma- Senate Judiciary Committee to its and Israel and UAE—these are mas- tion process. They attacked them, knees. And we should be grateful for it sively successful, important peace these two public servants. because he has been an excellent jus- agreements. She referred to them as I met both of them. Very kind, nice tice on the United States Supreme ‘‘distractions’’—Israel, our great ally people being ruthlessly attacked for Court, and he did not deserve the at- in the Middle East. simply being conservative women, or a tacks that he got. These were great agreements. This is conservative minority woman. Let’s talk about the person to the historic stuff. We can’t have that. We can’t have left of Justice Thomas, Miguel Estrada. There are other countries considering those dastardly Republicans appointing Does anybody know that name, remem- it. Why? Because we led. someone who doesn’t fit the narrative ber that name? Miguel Estrada is a We moved our Embassy to Jeru- by my colleagues on the other side of good human being. He is a good man. salem, and other countries followed. the aisle, but yet that is precisely what He was also a nominee in the Bush ad- Why? Because we took out Soleimani. happened in 2003. ministration in 2003, during that same And what did the Speaker do? She What have we seen since? We saw the time that I was describing with Janice wanted to condemn the President for complete horror show that was the Rogers Brown and Priscilla Owen, and taking out Soleimani, a murderous Kavanaugh hearing 2 years ago, an there were others. thug who targeted American soldiers. utter disgrace by Senate Democrats. I think there were some 50 that were It was great that the President of the But I also remember the 2005 con- filibustered during that time. I can’t United States took out Soleimani. firmation of Sam Alito. I also was remember. Do you know why Miguel And now, as I said, the Speaker is there for the Roberts confirmation. Estrada was filibustered? Ultimately, threatening impeachment 2.0. Why? Be- Ask Justice Alito’s lovely wife, Mar- he was stopped. A deal was cut, and cause President Trump is daring—hold tha-Ann, how she feels about the way Janice Rogers Brown and Priscilla on, here it comes—daring to do what her husband was treated, attacked, Owen ended up on the bench. Miguel every President in the history of this torn down, vilified through his con- Estrada was not fortunate. country has done when there is a va- firmation proceedings by Senator Miguel Estrada was targeted and cancy on the Supreme Court in the SCHUMER. stopped precisely because he is His- fourth year of their term, every one, 29 It was vitriolic. It wasn’t just high- panic. That is a known truth in Wash- times. lighting differences of views or judicial ington, D.C., but nobody talks about it. That the President would exercise philosophy; it was targeting him per- Do you know why? Article II authority to nominate an in- sonally and attacking. But that is the Because of concerns about how a dividual to fill a vacancy on the United playbook that I have to suggest is the leaked memo was found. It was a States Supreme Court, for that—for routine playbook for my colleagues on leaked memo that was found on a serv- that—the Speaker is suggesting we the other side of the aisle in the United er. It is the stuff that would be great should consider Articles of Impeach- States Senate. for ethics classes in law school or ment 2.0. Of course, that wasn’t the first time. undergrad about what folders are open It is facially absurd. It is not an We all know, in 1987, there was a new and who can look at them and who can arrow in a quiver. It is facially absurd. verb in the lexicon of the confirmation see them. It is a reasonable debate. It is an embarrassment to this institu- process called borking, because Judge But the fact of the matter is, there tion. It is an embarrassment to this Bork was borked. They took down was a memo by Senate Democratic Congress. Judge Bork. leadership saying we must stop him be- We should have an open and vital de- And, again, what was his great cause he is a Hispanic. I say to the la- bate about all of these issues we are crime? He was a constitutional con- dies and gentlemen who are watching

VerDate Sep 11 2014 09:48 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00162 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.090 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 23, 2020 CONGRESSIONAL RECORD — HOUSE H4881 this, this is what is wrong with Wash- No one could logically disagree with how much we need to be locked down, ington, D.C. And what are we going to that statement, by the way. But we but they are drinking their bottle of see transpire in the coming weeks? don’t deal with logic. We deal with water. Sitting at a hearing today I saw I hope we have a great celebration of grand statements, and emotion, and al- Dr. Fauci drinking his bottle of water. Justice Ginsburg’s life this week. Obvi- legations of kids in cages. But why I see people saying we need to stay ously, it has transformed very quickly don’t we have a debate? locked down. They are drinking their into what is next, but I hope we will This Republican introduced legisla- Starbucks coffee. I see them stop off stop and celebrate. tion in the time of a Republican Presi- and pick up Little Taco in Austin, But as we go forward, we know what dent that would pull power back from Texas, or go pick up some food. is going to happen. We know it as sure that Republican President because I Who made it? Who distributed it? as we are sitting here, as sure as the believe it is in the best interests of this Who brought it to them on the curbside Sun comes up tomorrow that it doesn’t body, this Chamber, the House of Rep- service? Who brought them their latte? matter who the President nominates. resentatives. Why don’t we do it? Who is making their electricity run? He or she will be attacked viscously, Do it now, I say to my Democratic Essential workers? Who among us are violently. colleagues. Don’t wait to do it when fine with endangering essential work- We certainly know that if Judge Bar- there is a Democrat in the White ers in grocery stores and power compa- rett is nominated, she will be attacked House. Let’s do it now. It is our job to nies and food service so that some peo- viciously. Her faith will be attacked vi- make Article I great again. ple can pat themselves on the back ciously. The fact that she is a proud Why do we turn virtually all of our saying, They are doing a great thing by mom to, I think, seven, of whom I power over to courts and executives? staying locked down? think two are adopted, she will be at- We see it unfolding before our very Let’s study the data, the reports that tacked. eyes right now in the course of this came out just today from Brown Uni- Why is this? It is because we have pandemic. versity showing a relatively low trans- made Washington, D.C., and its institu- What are we doing with respect to mission rate for some kids in college in tions too consequential to the lives of the pandemic? What are we doing with our schools. Let’s study that data. Americans in a country in which we respect to COVID? Let’s look at how many are hospital- are supposed to live freely. We launch a $2 trillion missile in We have taken issues that you are April, and we walked away. Now we ized. Let’s talk about how we are going supposed to work out and debate at the have executives around the country to achieve immunity. It might be a State legislature and the local level who are making all sorts of decisions vaccine. It might be that some of the and, at most, in this body, in this irrespective of what their State legisla- most healthy members of society con- Chamber, in the Senate, and we have tures might be doing. We have a lot of tinue to engage and operate and we placed them into the hands of nine power being executed in our Article II build up immunity. judges. executive branch without any checks That is what we do for other things. So now every June everybody waits or balances here because we are not Let’s talk about that, instead of scar- with bated breath outside of the Su- doing our job. ing the heck out of the American peo- preme Court Chamber. What great pro- Let’s have those debates. Let’s bring ple. nouncement shall come down from on Scott Atlas, Fauci, Birx, a host of Mr. Speaker, this is no way for us to high? other doctors, let’s bring them before do our job. Our job is to represent each Why do we choose to live that way? this body; not in some random com- and every American and to be here and Why don’t we choose to make decisions mittee with a handful of people on it debate and to vote. in this body? on a Zoom call. Bring them before this I am going to say one more time, Why don’t we the people of this body body and let’s hear from them and let’s with all due respect to the Speaker of make Article I great again? Why don’t cross-examine them. And let’s under- the House, I cannot, for the life of me, we make Congress work again? stand what is at stake. Let’s make understand why this body cannot meet I introduced legislation a year and a good decisions based on that and let’s and stand up for our law enforcement. half ago called the Article I Act, de- make sure the American people know I cannot understand why this body signed to take power away from the the facts. cannot meet, debate, and vote on a President and expand power here in I happen to be one of those people PPP extension bill, or another form of times of emergencies, so you can’t have who believes that we should take this that kind of legislation to make sure situations like we have now where over virus very seriously, who has a 77-year- our small businesses can survive; the the last 30 years vast numbers of emer- old father who survived polio, and a 71- restaurants, the music venues, the gencies have just been perpetual. And year-old mother that I want to protect wineries, distilleries, breweries, barber we still operate and give the executive from the virus. I also happen to be shops, hotels—all of the entities that branch authority to operate under somebody who believes that we have are struggling to survive right now these emergencies, 30 years later. That scared the bejesus out of the American throughout this country. is facially absurd. people in such a way that we are caus- Where are we? We have been back Why don’t we fix that? I have had ing them harm. now after a long hiatus for 10 days-ish, conversations with friends and col- They are having mental health not really. We will be back next week. leagues on the other side of the aisle issues. They are not getting cancer What are we doing? Let’s pass that. who are interested in doing that. Why screenings. Suicides are up, addictions Let’s stand up with law enforcement. isn’t the Speaker? are up, and we just bury our head in Let’s pass a bill to protect our small Look, I did that with a Republican the sand and go around, and some peo- businesses. President in the White House who is ple on the other side of the aisle Let’s do the basic duty that is incum- trying to secure the border, a propo- scream 200,000, and they think that is bent upon us as Members of the United sition with which I agree not just a lit- an argument when it is not an argu- States House of Representatives to rep- tle, but strongly. It is our job to secure ment. It is an irresponsible effort to in- resent the people who are asking us to the border of the United States. I fully still panic in the American people for do those things. It is our job. We are support the President in securing the political purposes. And that is pre- asking millions of Americans to do border of the United States. cisely what my colleagues on the other their job while we completely and to- I fully agree that it is an emergency side of the aisle are doing. tally fail to do ours. at our border. I fully agree that we Why don’t we have a debate and have Mr. Speaker, we are $27 trillion in need to stop the cartels. I fully agree a discussion and bring people forward debt. It is about to jump to $30 trillion, that we need to protect migrants who and determine the facts and share and we walk around here like nothing are seeking to come here. I fully agree those facts with the American people is going on. Drugs and narcotics are that it is in the best interests of the so we can open our society up again still flowing across our southern bor- people of the United States and the properly, wisely, but open. der, and we don’t do a thing about it. people who seek to come here for us to I am always mystified while I watch Law enforcement is getting attacked have a simple, secure border. people running around talking about on the streets—targeted—buildings are

VerDate Sep 11 2014 09:48 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00163 Fmt 4634 Sfmt 0634 E:\CR\FM\K23SE7.092 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4882 CONGRESSIONAL RECORD — HOUSE September 23, 2020 getting burned, streets are in unrest, Mr. Speaker, I yield back the balance bate and 11 a.m. for legislative busi- and we are doing nothing about it. of my time. ness. Mr. Speaker, I will close by just say- f ing, it is an honor to serve in the Thereupon (at 6 o’clock and 59 min- United States House of Representa- ADJOURNMENT utes p.m.), under its previous order, the tives, but this body has got to do bet- The SPEAKER pro tempore. Pursu- House adjourned until tomorrow, ter. It is time for this body to do its ant to section 4(b) of House Resolution Thursday, September 24, 2020, at 9 a.m. job. It is time for us to stand up for 967, the House stands adjourned until 9 for morning-hour debate. America. ha.m. tomorrow for morning-hour de- BUDGETARY EFFECTS OF PAYGO LEGISLATION Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr. YARMUTH hereby submits, prior to the vote on passage, for printing in the CONGRESSIONAL RECORD, that H.R. 5245, the SHIELD for Veterans Act, as amended, would have no significant effect on the deficit, and therefore, the budgetary effects of such bill are estimated as zero.

Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr.YARMUTH hereby submits, prior to the vote on passage, the attached estimate of the costs of H.R. 7105, the DELIVER Act, as amended, for printing in the CONGRESSIONAL RECORD.

ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 7105

By fiscal year, in millions of dollars— 2020– 2020– 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2025 2030

Statutory Pay-As-You-Go Impact ...... 0 106 182 ¥50 ¥63 ¥80 ¥75 ¥23 0 0 0 95 ¥3 Components may not sum to totals because of rounding. h

EXECUTIVE COMMUNICATIONS, tember 14, 2020, pursuant to 5 U.S.C. tember 14, 2020, pursuant to 5 U.S.C. ETC. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Stat. 868); to the Committee on Energy and Stat. 868); to the Committee on Energy and Under clause 2 of rule XIV, executive Commerce. Commerce. communications were taken from the 5362. A letter from the Director, Regu- 5367. A letter from the Director, Regu- Speaker’s table and referred as follows: latory Management Division, Environmental latory Management Division, Environmental 5357. A letter from the Under Secretary, Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- Personnel and Readiness, Department of De- cy’s final rule — Air Plan Approval; Cali- cy’s final rule — Oil and Natural Gas Sector: fense, transmitting a letter on the approved fornia; Feather River Air Quality Manage- Emission Standards for New, Reconstructed, retirement of Vice Admiral Frederick J. ment District [EPA-R09-OAR-2020-0180; FRL- and Modified Sources Reconsideration [EPA- Roegge, United States Navy, and his ad- 10012-89-Region 9] received September 14, HQ-OAR-2017-0483; FRL-10013-60-OAR] (RIN: vancement to the grade of vice admiral on 2020, pursuant to 5 U.S.C. 801(a)(1)(A); Public 2060-AT54) received September 14, 2020, pur- the retired list, pursuant to 10 U.S.C. Law 104-121, Sec. 251; (110 Stat. 868); to the suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- 1370(c)(1); Public Law 96-513, Sec. 112 (as Committee on Energy and Commerce. 121, Sec. 251; (110 Stat. 868); to the Committee amended by Public Law 104-106, Sec. 502(b)); 5363. A letter from the Director, Regu- on Energy and Commerce. (110 Stat. 293); to the Committee on Armed latory Management Division, Environmental 5368. A letter from the Director, Regu- Services. Protection Agency, transmitting the Agen- latory Management Division, Environmental 5358. A letter from the Under Secretary, cy’s final rule — Air Plan Approval; Wis- Protection Agency, transmitting the Agen- Personnel and Readiness, Department of De- consin; VOC RACT for the Wisconsin Portion cy’s final rule — Air Plan Approval; Cali- fense, transmitting authorization of Colonel of the Chicago-Naperville, Illinois-Indiana- fornia; Consumer Products Regulations Jason G. Woodworth, USMC, to wear the in- Wisconsin Area [EPA-R05-OAR-2020-0030; [EPA-R09-OAR-2020-0213; FRL-10013-66-Re- signia of the grade of brigadier general, pur- EPA-R05-OAR-2020-0101; FRL-10011-74-Region gion 9] received September 14, 2020, pursuant suant to 10 U.S.C. 777(b)(3)(B); Public Law 5] received September 14, 2020, pursuant to 5 to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, 104-106, Sec. 503(a)(1) (as added by Public Law U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. Sec. 251; (110 Stat. 868); to the Committee on 108-136, Sec. 509(a)(3)); (117 Stat. 1458); to the 251; (110 Stat. 868); to the Committee on En- Energy and Commerce. Committee on Armed Services. ergy and Commerce. 5369. A letter from the Director, Regu- 5359. A letter from the Charman of the 5364. A letter from the Director, Regu- latory Management Division, Environmental Board of Directors and Director, Pension latory Management Division, Environmental Protection Agency, transmitting the Agen- Benefit Guaranty Corporation, transmitting Protection Agency, transmitting the Agen- cy’s final rule — PM10 Maintenance Plan and the Corporation’s FY 2019 actuarial evalua- cy’s final rule — Inpyrfluxam; Pesticide Tol- Redesignation Request; Imperial Valley tion of the expected operations and status of erances [EPA-HQ-OPP-2018-0038; FRL-10011- Planning Area; California [EPA-R09-OAR- the PBGC funds, pursuant to 29 U.S.C. 1308; 32] received September 14, 2020, pursuant to 5 2019-0654; FRL-10014-02-Region 9] received Public Law 93-406, Sec. 4008 (as amended by U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. September 14, 2020, pursuant to 5 U.S.C. Public Law 109-280, Sec. 412); (120 Stat. 936); 251; (110 Stat. 868); to the Committee on En- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 to the Committee on Education and Labor. ergy and Commerce. Stat. 868); to the Committee on Energy and 5360. A letter from the Director, Regu- 5365. A letter from the Director, Regu- Commerce. latory Management Division, Environmental latory Management Division, Environmental 5370. A letter from the Director, Regu- Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- latory Management Division, Environmental cy’s final rule — Approval and Limited Ap- cy’s final rule — 2-propenoic acid, 2-methyl- Protection Agency, transmitting the Agen- proval and Limited Disapproval of California , polymer with 2,5-furandione and 2,4,4- cy’s final rule — Air Plan Approval; Ala- Air Plan Revisions; San Diego County Air trimethyl-1-pentene, potassium salt; Pes- bama: Air Quality Control, VOC Definition Pollution Control District; Stationary ticide Tolerance Exemption [EPA-HQ-OPP- [EPA-R04-OAR-2020-0170; FRL-10013-41-Re- Source Permits [EPA-R09-OAR-2019-0449; 2019-0549; FRL-10003-65] received September gion 4] received September 14, 2020, pursuant FRL-10013-14-Region 9] received September 14, 2020, pursuant to 5 U.S.C. 801(a)(1)(A); to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, 14, 2020, pursuant to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Stat. 868); to Sec. 251; (110 Stat. 868); to the Committee on Public Law 104-121, Sec. 251; (110 Stat. 868); to the Committee on Energy and Commerce. Energy and Commerce. the Committee on Energy and Commerce. 5366. A letter from the Director, Regu- 5371. A letter from the Director, Regu- 5361. A letter from the Director, Regu- latory Management Division, Environmental latory Management Division, Environmental latory Management Division, Environmental Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- cy’s final rule — Commonwealth of Ken- cy’s final rule — Amendments Related to cy’s final rule — Air Plan Approval; Georgia: tucky: Final Approval of State Underground Marine Diesel Engine Emission Standards Permit Requirements [EPA-R04-OAR-2020- Storage Tank Program [EPA-R04-UST-2020- [EPA-HQ-OAR-2018-0638; FRL-10013-36-OAR] 0071; FRL-10013-22-Region 4] received Sep- 0248; FRL-10013-46-Region 4] received Sep- (RIN: 2060-AU30) received September 14, 2020,

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pursuant to 5 U.S.C. 801(a)(1)(A); Public Law Through Exception [TD 9909] (RIN: 1545- EMMER, Mr. OLSON, Mr. CARTER of 104-121, Sec. 251; (110 Stat. 868); to the Com- BP35) received September 14, 2020, pursuant Georgia, Mr. LATTA, and Mr. LUETKE- mittee on Energy and Commerce. to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, MEYER): 5372. A letter from the Director, Regu- Sec. 251; (110 Stat. 868); to the Committee on H.R. 8353. A bill to amend title XIX of the latory Management Division, Environmental Ways and Means. Social Security Act to allow for greater Protection Agency, transmitting the Agen- State flexibility with respect to excluding f cy’s final rule — Oil and Natural Gas Sector: providers who are involved in abortions; to Emission Standards for New, Reconstructed, PUBLIC BILLS AND RESOLUTIONS the Committee on Energy and Commerce. and Modified Sources Review [EPA-HQ-OAR- By Ms. ESCOBAR (for herself and Mr. 2017-0757; FRL-10013-44-OAR] (RIN: 2060-AT90) Under clause 2 of rule XII, public TAYLOR): received September 14, 2020, pursuant to 5 bills and resolutions of the following H.R. 8354. A bill to establish the U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. titles were introduced and severally re- Servicemembers and Veterans Initiative 251; (110 Stat. 868); to the Committee on En- ferred, as follows: within the Civil Rights Division of the De- ergy and Commerce. By Mr. LATTA: partment of Justice, and for other purposes; 5373. A letter from the Director, Legal H.R. 8350. A bill to amend title 49, United to the Committee on the Judiciary. Processing Division, Internal Revenue Serv- States Code, regarding the authority of the By Mr. FULCHER (for himself and Mr. ice, transmitting the Service’s IRB only rule National Highway Traffic Safety Adminis- SIMPSON): H.R. 8355. A bill to establish and support — Concise General Statement COVID-19 Re- tration over highly automated vehicles, to advanced nuclear energy research and devel- lief under section 45D (Notice 2020-49) re- provide safety measures for such vehicles, opment programs at the Department of En- ceived September 14, 2020, pursuant to 5 and for other purposes; to the Committee on ergy, and for other purposes; to the Com- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. Energy and Commerce, and in addition to mittee on Science, Space, and Technology. 251; (110 Stat. 868); to the Committee on the Committees on Education and Labor, By Mr. HIGGINS of Louisiana: Ways and Means. and Transportation and Infrastructure, for a 5374. A letter from the Director, Legal H.R. 8356. A bill to direct the Secretary of period to be subsequently determined by the Processing Division, Internal Revenue Serv- Homeland Security to establish a task force Speaker, in each case for consideration of ice, transmitting the Service’s final rule — on deterring and combating intellectual such provisions as fall within the jurisdic- Concise General Statement COVID-19 Relief property theft by foreign nations at institution of the committee concerned. under sections 42 and 142(d) (Notice 2020-53) tions of higher education and to require such By Ms. DEAN (for herself and Ms. received September 14, 2020, pursuant to 5 institutions to have in place procedures and BLUNT ROCHESTER): U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. protocols to deter and combat such theft, H.R. 8351. A bill to amend title III of the 251; (110 Stat. 868); to the Committee on and for other purposes; to the Committee on Public Health Service Act to authorize the Ways and Means. Education and Labor. Secretary of Health and Human Services to 5375. A letter from the Director, Legal By Ms. JAYAPAL (for herself, Ms. award grants to Federally qualified health Processing Division, Internal Revenue Serv- NORTON, Mr. LEVIN of Michigan, and centers for purposes of conducting mental ice, transmitting the Service’s IRB only rule Mrs. HAYES): — Concise General Statement COVID-19 Re- and behavioral health screenings, and for H.R. 8357. A bill to ensure access to appren- lief Under Section 47 (Notice 2020-58) received other purposes; to the Committee on Energy ticeships for underrepresented groups, elimi- September 14, 2020, pursuant to 5 U.S.C. and Commerce. nate barriers and ensure completion of ap- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 By Ms. BASS (for herself, Ms. NORTON, prenticeships, and invest in successful ap- Stat. 868); to the Committee on Ways and Ms. WATERS, Mr. BISHOP of Georgia, prenticeship intermediaries; to the Com- Means. Mr. CLYBURN, Mr. HASTINGS, Ms. mittee on Education and Labor. 5376. A letter from the Director, Legal JOHNSON of Texas, Mr. RUSH, Mr. By Mr. MALINOWSKI (for himself and SCOTT of Virginia, Mr. THOMPSON of Processing Division, Internal Revenue Serv- Mr. DIAZ-BALART): ice, transmitting the Service’s IRB only rule Mississippi, Ms. JACKSON LEE, Mr. H.R. 8358. A bill to establish the Commis- — Special Funding and Benefit Limitation DANNY K. DAVIS of Illinois, Mr. sion on the Coronavirus Pandemic in the Rules for Single-Employer Defined Benefit MEEKS, Ms. LEE of California, Mr. United States; to the Committee on Energy Pension Plans under the CARES Act (Notice CLAY, Mr. DAVID SCOTT of Georgia, and Commerce. 2020-61) received September 14, 2020, pursuant Mr. BUTTERFIELD, Mr. CLEAVER, Mr. By Mr. MARCHANT (for himself and to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, GREEN of Texas, Ms. MOORE, Ms. Mr. PERRY): Sec. 251; (110 Stat. 868); to the Committee on CLARKE of New York, Mr. JOHNSON of H.R. 8359. A bill to amend the Internal Rev- Ways and Means. Georgia, Mr. CARSON of Indiana, Ms. enue Code of 1986 to repeal the credit for 5377. A letter from the Director, Legal FUDGE, Mr. RICHMOND, Ms. SEWELL of electricity produced from certain renewable Processing Division, Internal Revenue Serv- Alabama, Ms. WILSON of Florida, Mr. resources, and for other purposes; to the ice, transmitting the Service’s IRB only rule PAYNE, Mrs. BEATTY, Mr. JEFFRIES, Committee on Ways and Means. — Safe Harbor Explanations — Eligible Roll- Mr. VEASEY, Ms. KELLY of Illinois, By Mr. PALMER (for himself, Mr. over Distributions (Notice 2020-62) received Ms. ADAMS, Mrs. LAWRENCE, Ms. BISHOP of North Carolina, Mr. TIF- September 14, 2020, pursuant to 5 U.S.C. PLASKETT, Mrs. WATSON COLEMAN, FANY, Mr. BURGESS, Mr. LOUDERMILK, 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Mr. EVANS, Ms. BLUNT ROCHESTER, Mr. HILL of Arkansas, Mr. PENCE, Mr. Stat. 868); to the Committee on Ways and Mr. BROWN of Maryland, Mrs. KEVIN HERN of Oklahoma, Mr. Means. DEMINGS, Mr. LAWSON of Florida, Mr. GRAVES of Louisiana, Mr. LUETKE- 5378. A letter from the Director, Legal MCEACHIN, Mr. HORSFORD, Mr. MEYER, Mr. WESTERMAN, Mr. JOHNSON Processing Division, Internal Revenue Serv- NEGUSE, Ms. OMAR, Ms. PRESSLEY, of South Dakota, Mr. WEBER of ice, transmitting the Service’s IRB only rule and Mr. MFUME): Texas, Mr. ALLEN, and Mr. NORMAN): — Relief for Taxpayers Affected by Ongoing H.R. 8352. A bill to advance black families H.R. 8360. A bill to amend title VI of the Coronavirus Disease Pandemic, Related to in the 21st Century; to the Committee on the Social Security Act to modify the restric- Sport Fishing Equipment and Bows and Ar- Judiciary. tions on use of Coronavirus Relief Fund rows Excise Tax Filing and Payment Dead- By Mr. CLOUD (for himself, Mr. DUN- amounts, and for other purposes; to the Com- lines (Notice 2020-55) received September 14, CAN, Mr. BUDD, Mr. GAETZ, Mr. KING mittee on Oversight and Reform, and in addi- 2020, pursuant to 5 U.S.C. 801(a)(1)(A); Public of Iowa, Mr. CHABOT, Mr. KELLY of tion to the Committee on Transportation Law 104-121, Sec. 251; (110 Stat. 868); to the Mississippi, Mr. ROUZER, Mr. FLORES, and Infrastructure, for a period to be subse- Committee on Ways and Means. Mr. ADERHOLT, Mr. YOHO, Mr. DAVID quently determined by the Speaker, in each 5379. A letter from the Director, Legal P. ROE of Tennessee, Mr. GOHMERT, case for consideration of such provisions as Processing Division, Internal Revenue Serv- Mr. NORMAN, Mr. BANKS, Mr. MOONEY fall within the jurisdiction of the committee ice, transmitting the Service’s final regula- of West Virginia, Mr. STEUBE, Mr. concerned. tions — Treatment of Payments to Chari- LAMBORN, Mr. MULLIN, Mr. GALLA- By Mr. NEGUSE (for himself and Mr. table Entities in Return for Consideration GHER, Mr. GIANFORTE, Mr. JOYCE of CURTIS): [TD 9907] (RIN: 1545-BP40) received Sep- Pennsylvania, Mr. WILLIAMS, Mr. H.R. 8361. A bill to exclude EIDL advance tember 14, 2020, pursuant to 5 U.S.C. KUSTOFF of Tennessee, Mr. WALTZ, amounts from the calculation of loan for- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Mr. TIMMONS, Mr. FULCHER, Mr. giveness under the paycheck protection pro- Stat. 868); to the Committee on Ways and MCKINLEY, Mr. BIGGS, Mr. TIFFANY, gram, and for other purposes; to the Com- Means. Mr. MARSHALL, Mr. COLLINS of Geor- mittee on Small Business. 5380. A letter from the Director, Legal gia, Mr. ARRINGTON, Mr. LAMALFA, By Ms. PORTER: Processing Division, Internal Revenue Serv- Mr. WRIGHT, Mr. WEBER of Texas, Mr. H.R. 8362. A bill to require senior officials ice, transmitting the Service’s final regula- JORDAN, Mr. ALLEN, Mr. BISHOP of to report payments received from the Fed- tions and removal of temporary regulations North Carolina, Mr. HAGEDORN, Mr. eral Government and to improve the filing — Limitation on Deduction for Dividends re- SMITH of New Jersey, Mr. SPANO, Mr. and disclosure of financial disclosures by ceived from Certain Foreign Corporations COLE, Mr. KEVIN HERN of Oklahoma, Members of Congress, congressional staff, and Amounts Eligible for Section 954 Look- Mr. GROTHMAN, Mr. GUEST, Mr. and very senior employees; to the Committee

VerDate Sep 11 2014 09:48 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00165 Fmt 4634 Sfmt 0634 E:\CR\FM\L23SE7.000 H23SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4884 CONGRESSIONAL RECORD — HOUSE September 23, 2020 on Oversight and Reform, and in addition to H. Res. 1142. A resolution expressing sup- the channels of interstate commerce, the in- the Committee on House Administration, for port for the designation of September 4, 2020, strumentalities of interstate commerce, or a period to be subsequently determined by as ‘‘National Polycystic Kidney Disease persons or things in interstate commerce. the Speaker, in each case for consideration Awareness Day’’, and raising awareness and Necessary and Proper Clause: Article 1, of such provisions as fall within the jurisdic- understanding of polycystic kidney disease; Section 8, clause 18—allows Congress the tion of the committee concerned. to the Committee on Energy and Commerce. power to make all laws that are necessary By Mr. SCHIFF (for himself, Mr. NAD- By Ms. DELAURO (for herself, Ms. and proper for executing its enumerated LER, Mrs. CAROLYN B. MALONEY of SLOTKIN, Mr. SAN NICOLAS, Mrs. powers and all other powers vested by the New York, Mr. YARMUTH, Ms. LOF- HAYES, and Mr. RASKIN): Constitution in the U.S. Government. GREN, Mr. ENGEL, Mr. NEAL, Mr. H. Res. 1143. A resolution recognizing Sep- By Mr. LATTA: COHEN, Mr. CONNOLLY, Ms. DEAN, Mr. tember 2020 as National Ovarian Cancer H.R. 8350. JEFFRIES, Mr. TED LIEU of California, Awareness Month; to the Committee on Congress has the power to enact this legis- Ms. PORTER, Mr. RASKIN, Ms. SCAN- Oversight and Reform. lation pursuant to the following: LON, Ms. SPEIER, and Mr. SWALWELL By Ms. HAALAND (for herself and Mr. Article I, Section 8, Clause 3: Congress of California): KHANNA): shall have the power . . . ‘‘to regulate Com- H.R. 8363. A bill to protect our democracy H. Res. 1144. A resolution recognizing merce with foreign Nations, and among the by preventing abuses of presidential power, broadband as a human and civil right for all several States, and with the Indian tribes.’’ restoring checks and balances and account- Americans; to the Committee on Energy and By Ms. DEAN: ability and transparency in government, and Commerce. H.R. 8351. defending elections against foreign inter- By Mr. MCGOVERN (for himself, Mr. Congress has the power to enact this legis- ference, and for other purposes; to the Com- FITZPATRICK, Mr. MALINOWSKI, and lation pursuant to the following: mittee on Oversight and Reform, and in addi- Mr. SMITH of New Jersey): Article I, Section 8 tion to the Committees on the Judiciary, the H. Res. 1145. A resolution condemning the By Ms. BASS: Budget, Transportation and Infrastructure, poisoning of Russian opposition leader H.R. 8352. Rules, Foreign Affairs, Ways and Means, In- Alexei Navalny and calling for a robust Congress has the power to enact this legis- telligence (Permanent Select), and House United States and international response; to lation pursuant to the following: Administration, for a period to be subse- the Committee on Foreign Affairs, and in ad- Section 8 of Article I of the Constitution quently determined by the Speaker, in each By Mr. CLOUD: case for consideration of such provisions as dition to the Committees on Financial Serv- ices, Ways and Means, Transportation and H.R. 8353. fall within the jurisdiction of the committee Congress has the power to enact this legis- concerned. Infrastructure, and Oversight and Reform, for a period to be subsequently determined lation pursuant to the following: By Mr. STEUBE: This bill makes specific changes to exist- H.R. 8364. A bill to direct the Secretary of by the Speaker, in each case for considering law in a manner that returns power to Veterans Affairs to automate third-party ation of such provisions as fall within the ju- the States and to the people, in accordance health insurance billings and collections of risdiction of the committee concerned. the Department of Veterans Affairs; to the By Ms. NORTON: with Amendment X of the United States Committee on Veterans’ Affairs. H. Res. 1146. A resolution expressing sup- Constitution. By Mr. THORNBERRY: port for the designation of September 23, By Ms. ESCOBAR: H.R. 8365. A bill to study the effects of new 2020, as ‘‘Mary Church Terrell Day’’, and H.R. 8354. construction of obstructions on accurate calling on Congress to recognize Mary Congress has the power to enact this legis- weather forecasting, and for other purposes; Church Terrell’s lasting contributions to the lation pursuant to the following: to the Committee on Transportation and In- civil rights and women’s rights movements; The Congress shall have power . . . To frastructure, and in addition to the Com- to the Committee on Oversight and Reform. make all laws which shall be necessary and mittee on Science, Space, and Technology, By Ms. SPEIER (for herself, Ms. LEE of proper for carrying into execution the fore- for a period to be subsequently determined California, Ms. FRANKEL, Ms. SCHA- going powers, and all other powers vested by by the Speaker, in each case for consider- KOWSKY, Mr. MCGOVERN, Mr. BLU- this Constitution in the government of the ation of such provisions as fall within the ju- MENAUER, Ms. WILD, Ms. MENG, Ms. United States, or in any department or offi- risdiction of the committee concerned. CLARKE of New York, Ms. JUDY CHU cer thereof. By Ms. SCHAKOWSKY (for herself, Mr. of California, Ms. NORTON, Mrs. CARO- Constitutional Authority—Necessary and RUSH, Ms. JAYAPAL, Mr. ESPAILLAT, LYN B. MALONEY of New York, Ms. Proper Clause (Art. I, Sec. 8, Clause 18) Mr. DEFAZIO, Mr. NADLER, Ms. OMAR, Mr. COOPER, Mr. GRIJALVA, Mr. By Mr. FULCHER: BARRAGA´ N, Ms. SPEIER, Ms. CLARKE SHERMAN, Ms. HOULAHAN, Ms. H.R. 8355. Congress has the power to enact this legis- of New York, Ms. HAALAND, Mr. KEN- VELA´ ZQUEZ, Ms. HAALAND, Mr. lation pursuant to the following: NEDY, Ms. WASSERMAN SCHULTZ, Ms. LOWENTHAL, Mr. WELCH, Ms. Article II, Section 8 WILSON of Florida, Ms. JUDY CHU of SA´ NCHEZ, Mrs. LOWEY, and Mr. KEN- By Mr. HIGGINS of Louisiana: California, Mr. GALLEGO, Mr. NEDY): HUFFMAN, Mr. GRIJALVA, Mr. GARCI´A H. Res. 1147. A resolution expressing the H.R. 8356. of Illinois, Ms. DEGETTE, Mr. HAS- sense of the House of Representatives regard- Congress has the power to enact this legis- TINGS, Mr. DANNY K. DAVIS of Illinois, ing the importance of taking a feminist ap- lation pursuant to the following: U.S.C. Article I Section 8 Mr. KHANNA, Ms. JACKSON LEE, Ms. proach to all aspects of foreign policy, in- By Ms. JAYAPAL: LEE of California, Ms. NORTON, Ms. cluding foreign assistance and humanitarian H.R. 8357. PINGREE, Ms. TLAIB, Ms. SCANLON, response, trade, diplomacy, defense, immi- Congress has the power to enact this legis- Mr. SARBANES, Ms. BROWNLEY of Cali- gration, funding, and accountability mecha- lation pursuant to the following: fornia, Mrs. HAYES, Mr. LOWENTHAL, nisms; to the Committee on Foreign Affairs. Mr. WELCH, Mr. POCAN, Ms. ESCOBAR, This bill is enacted pursuant to the power f Mr. THOMPSON of Mississippi, Mr. granted to Congress under Article I of the VARGAS, Mr. COHEN, Mr. NEGUSE, Ms. CONSTITUTIONAL AUTHORITY United States Constitution and its subsequent amendments, and further clarified and BONAMICI, Ms. BASS, Ms. MCCOLLUM, STATEMENT Mr. SOTO, Mr. MCGOVERN, Mr. interpreted by the Supreme Court of the RASKIN, Ms. OMAR, Ms. CASTOR of Pursuant to clause 7 of rule XII of United States. Florida, Mr. CONNOLLY, Mr. CASTRO the Rules of the House of Representa- By Mr. MALINOWSKI: of Texas, Mrs. NAPOLITANO, and Mr. tives, the following statements. are H.R. 8358. Congress has the power to enact this legis- BLUMENAUER): submitted regarding the specific pow- H. Con. Res. 119. Concurrent resolution rec- ers granted to Congress in the Con- lation pursuant to the following: Article I, Section 8, Clause 1 of the Con- ognizing that the climate crisis is dispropor- stitution to enact the accompanying tionately affecting the health, economic op- stitution of the United States portunity, and fundamental rights of chil- bill or joint resolution. By Mr. MARCHANT: dren; recognizing the importance of renewed By Mr. GREEN of Texas: H.R. 8359. leadership by the United States in address- H.R. 8340. Congress has the power to enact this legis- ing the climate crisis; and recognizing the Congress has the power to enact this legislation pursuant to the following: need of the United States to develop a na- lation pursuant to the following: U.S. Constitution Art I Sec. 8 cl. 1, under tional, comprehensive, and science-based cli- Taxing and Spending Clause: Article 1, the ‘‘Power To lay and collect Taxes’’; Amd. mate recovery plan to phase out fossil fuel Section 8, clause 1—provides Congress au- 16, under the ‘‘power to lay and collect taxes emissions, protect and enhance natural se- thority to, inter alia, enact spending legisla- on incomes, from whatever source derived, questration, and put the United States on a tion. without apportionment among the several path towards stabilizing the climate system; Commerce Clause: Article 1, Section 8, States, and without regard to any census or to the Committee on Energy and Commerce. clause 3—provides Congress with the power enumeration’’; and Art. I Sec. 8 cl. 18, under By Mr. CLEAVER (for himself and Mr. to regulate commerce with foreign nations the power to ‘‘To make all Laws which shall LUETKEMEYER): and among the states, including the use of be necessary and proper for carrying into

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Execution the foregoing Powers, and all By Mr. THORNBERRY: H.R. 6644: Ms. WASSERMAN SCHULTZ, Mr. other Powers vested by this Constitution in H.R. 8365. DEUTCH, and Mr. CA´ RDENAS. the Government of the United States, or in Congress has the power to enact this legis- H.R. 6718: Mrs. TRAHAN. any Department or Officer thereof.’ lation pursuant to the following: H.R. 6794: Mr. KHANNA. By Mr. PALMER: Article 1, Section 8, Clause 18 of the United H.R. 6829: Mr. HUFFMAN and Mr. SMITH of H.R. 8360. States Constitution Nebraska. Congress has the power to enact this legis- H.R. 6841: Mr. KIM. lation pursuant to the following: f H.R. 6902: Mr. CA´ RDENAS. ARTICLE I, SECTION 9, CLAUSE 7 ADDITIONAL SPONSORS H.R. 6933: Mr. RUPPERSBERGER and Mr. By Mr. NEGUSE: KIM. H.R. 8361. Under clause 7 of rule XII, sponsors H.R. 6971: Ms. PINGREE. Congress has the power to enact this legis- were added to public bills and resolu- H.R. 6978: Mr. MOULTON. lation pursuant to the following: tions, as follows: H.R. 7187: Ms. FINKENAUER. Article I, Section 8 H.R. 7231: Mr. RODNEY DAVIS of Illinois. By Ms. PORTER: H.R. 141: Ms. SHALALA and Ms. H.R. 7292: Ms. FINKENAUER. H.R. 8362. SPANBERGER. H.R. 7293: Mr. SAN NICOLAS. Congress has the power to enact this legis- H.R. 497: Mrs. LEE of Nevada. H.R. 7340: Mr. BRENDAN F. BOYLE of Penn- lation pursuant to the following: H.R. 689: Mr. DESAULNIER. sylvania. Article 1, Section 8 H.R. 770: Mr. GOTTHEIMER. H.R. 7402: Mr. POCAN, Ms. OMAR, and Mr. By Mr. SCHIFF: H.R. 913: Mr. EVANS and Mr. SAN NICOLAS. DESAULNIER. H.R. 8363. H.R. 1043: Mr. ENGEL, Mr. PANETTA, and H.R. 7433: Mr. GOTTHEIMER. Congress has the power to enact this legis- Mr. MCCAUL. H.R. 7497: Mr. GOTTHEIMER. lation pursuant to the following: H.R. 1529: Mr. CHABOT. H.R. 7633: Mr. MCGOVERN, Mr. SEAN PAT- Article I, Section 8 of the U.S. Constitu- H.R. 1532: Mr. SUOZZI. RICK MALONEY of New York, Mr. HASTINGS, tion under the General Welfare Clause. H.R. 1694: Ms. DEGETTE. Mrs. HAYES, Mr. DESAULNIER, Ms. WATERS, By Mr. STEUBE: H.R. 1730: Mr. BURCHETT, Mr. HIMES, Mr. and Ms. SHERRILL. H.R. 8364. WESTERMAN, and Mr. CLEAVER. H.R. 7688: Mr. GOTTHEIMER. Congress has the power to enact this legis- H.R. 2079: Mr. BISHOP of North Carolina. H.R. 7745: Mr. THOMPSON of California. lation pursuant to the following: H.R. 2415: Mr. MCNERNEY, Mr. COOPER, Mr. H.R. 7747: Mr. COX of California. To regulate Commerce with foreign Na- TRONE, and Ms. KAPTUR. H.R. 7777: Mr. LOEBSACK, Mr. WOMACK, Mr. tions, and among the several States, and H.R. 2442: Mr. TONKO and Mr. STANTON. PAPPAS, Mr. JOHNSON of South Dakota, Mr. with the Indian Tribes; H.R. 2457: Mr. MCGOVERN. LONG, Mr. KIND, and Mr. CASE. To establish an uniform Rule of Natu- H.R. 2610: Ms. SCHAKOWSKY, Mr. DANNY K. H.R. 7809: Mr. STAUBER and Mr. SMITH of ralization, and uniform Laws on the subject DAVIS of Illinois, Mr. WELCH, Mr. CARSON of Missouri. of Bankruptcies throughout the United Indiana, Mr. COX of California, Mr. LARSON H.R. 7819: Ms. SEWELL of Alabama. States; of Connecticut, Mr. SUOZZI, Mr. HIGGINS of H.R. 7823: Ms. STEFANIK and Mr. To coin Money, regulate the Value thereof, New York, and Mrs. HAYES. MOOLENAAR. and of foreign Coin, and fix the Standard of H.R. 2808: Mr. DESAULNIER and Mrs. LURIA. H.R. 7843: Mrs. DINGELL. Weights and Measures; H.R. 2848: Mr. POCAN and Mr. DESAULNIER. H.R. 7876: Ms. DEGETTE, Mr. DESAULNIER, To provide for the Punishment of counter- H.R. 2900: Mr. HARDER of California. Ms. LOFGREN, and Mrs. KIRKPATRICK. feiting the Securities and current Coin of the H.R. 3378: Mr. SWALWELL of California. H.R. 7879: Mrs. AXNE, Mr. PAPPAS, Mr. United States; H.R. 3522: Mr. NORMAN. FITZPATRICK, and Mr. SCHRADER. To establish Post Offices and Post Roads; H.R. 3568: Mr. GOTTHEIMER. H.R. 7883: Ms. BONAMICI. To promote the Progress of Science and H.R. 3677: Mr. PAYNE. H.R. 7894: Mr. KEVIN HERN of Oklahoma useful Arts, by securing for limited Times to H.R. 3711: Ms. WASSERMAN SCHULTZ. and Mr. HARRIS. Authors and Inventors the exclusive Right to H.R. 7954: Mr. FITZPATRICK, Mr. GRIJALVA, H.R. 3721: Mr. PAYNE. their respective Writings and Discoveries; Ms. MCCOLLUM, and Mr. KIND. H.R. 3762: Mrs. AXNE and Mr. HICE of Geor- To constitute Tribunals inferior to the su- gia. H.R. 7964: Mr. COX of California. preme Court; H.R. 7970: Mr. HARDER of California, Ms. H.R. 3975: Mr. FOSTER, Mr. FITZPATRICK, To define and punish Piracies and Felonies PORTER, and Ms. ROYBAL-ALLARD. and Ms. DEGETTE. committed on the high Seas, and Offenses H.R. 8002: Mrs. NAPOLITANO, Mr. PAYNE, H.R. 3977: Mr. PERLMUTTER. against the Law of Nations; Ms. DELBENE, Mr. CARSON of Indiana, Mr. H.R. 4078: Mrs. NAPOLITANO. To declare War, grant Letters of Marque SMITH of Washington, and Mr. LAMB. H.R. 4092: Ms. JAYAPAL and Ms. MCCOLLUM. and Reprisal, and make Rules concerning H.R. 8016: Ms. LEE of California and Mr. H.R. 4150: Mr. JOHNSON of Louisiana, Mr. Captures on Land and Water; HASTINGS. POSEY, and Mr. BANKS. To raise and support Armies, but no Appro- H.R. 8017: Ms. JACKSON LEE, Ms. TITUS, Mr. H.R. 4172: Mr. GONZALEZ of Texas. priation of Money to that Use shall be for a RUIZ, Mr. COOPER, Mr. CUELLAR, and Mr. H.R. 4228: Ms. KENDRA S. HORN of Okla- longer Term than two Years; DEFAZIO. homa. To provide and maintain a Navy; H.R. 8025: Mr. JACOBS. AETZ To make Rules for the Government and H.R. 4542: Mr. G . H.R. 8050: Ms. JAYAPAL. Regulation of the land and naval Forces; H.R. 4570: Mr. AMODEI. H.R. 8079: Mr. BLUMENAUER. To provide for calling forth the Militia to H.R. 4681: Mr. WALBERG and Mr. BISHOP of H.R. 8150: Mr. RUIZ. execute the Laws of the Union, suppress In- North Carolina. H.R. 8152: Ms. BLUNT ROCHESTER. surrections and repel Invasions; H.R. 4705: Mr. LUETKEMEYER. H.R. 8180: Ms. CHENEY and Mr. STEIL. To provide for organizing, arming, and dis- H.R. 4807: Mr. KIM. H.R. 8181: Ms. SCANLON. ciplining, the Militia, and for governing such H.R. 5002: Mr. COSTA and Mr. KHANNA. H.R. 8201: Mr. LUETKEMEYER. Part of them as may be employed in the H.R. 5050: Ms. JUDY CHU of California, Mr. H.R. 8250: Mr. PERLMUTTER, Mr. GRIJALVA, Service of the United States, reserving to PALLONE, and Mr. PAYNE. Mr. LYNCH, Mr. LUJA´ N, Mrs. DEMINGS, Mr. the States respectively, the Appointment of H.R. 5091: Mr. O’HALLERAN. CISNEROS, Mr. CUNNINGHAM, Ms. PINGREE, Ms. the Officers, and the Authority of training H.R. 5265: Mr. DEUTCH. SA´ NCHEZ, Mrs. WATSON COLEMAN, Mr. COSTA, the Militia according to the discipline pre- H.R. 5397: Mr. LUCAS. and Ms. JUDY CHU of California. scribed by Congress; H.R. 5481: Ms. FINKENAUER and Mr. COX of H.R. 8254: Mr. BROWN of Maryland, Mr. To exercise exclusive Legislation in all California. PERLMUTTER, and Mrs. WALORSKI. Cases whatsoever, over such District (not ex- H.R. 5535: Mr. TIFFANY. H.R. 8265: Mr. BRADY, Ms. GRANGER, Mr. ceeding ten Miles square) as may, by Cession H.R. 5605: Mr. SMITH of Nebraska. YOUNG, Mr. GUTHRIE, Mr. HILL of Arkansas, of particular States, and the acceptance of H.R. 5610: Mr. COX of California. Mr. HUDSON, Mr. AMODEI, Mr. STIVERS, Mr. Congress, become the Seat of the Govern- H.R. 5751: Ms. WATERS. POSEY, Mr. GALLAGHER, Mr. GREEN of Ten- ment of the United States, and to exercise H.R. 5995: Mr. PETERSON, Mr. POCAN, Mrs. nessee, Mr. DUNN, Mr. WENSTRUP, Mr. BILI- like Authority over all Places purchased by AXNE, Mr. SCHRADER, and Mr. CLEAVER. RAKIS, Mr. GRIFFITH, Mrs. MILLER, Mr. the Consent of the Legislature of the State H.R. 6027: Ms. HAALAND. WRIGHT, Mr. MARSHALL, Mrs. BROOKS of Indi- in which the Same shall be, for the Erection H.R. 6053: Mr. HIMES. ana, Mr. FLORES, Mr. CRENSHAW, Mr. CARTER of Forts, Magazines, Arsenals, dock-Yards, H.R. 6164: Ms. LOFGREN. of Georgia, and Mr. LAMALFA. and other needful Buildings; And H.R. 6347: Mr. DESAULNIER. H.R. 8294: Mr. SAN NICOLAS, Mr. COURTNEY, To make all Laws which shall be necessary H.R. 6365: Mr. VAN DREW, Ms. DEGETTE, Ms. FINKENAUER, Mr. MORELLE, Mr. DANNY and proper for carrying into Execution the and Mr. COX of California. K. DAVIS of Illinois, Mr. VISCLOSKY, and Ms. foregoing Powers, and all other Powers vest- H.R. 6450: Mrs. NAPOLITANO. WILSON of Florida. ed by this Constitution in the Government of H.R. 6458: Mr. DANNY K. DAVIS of Illinois. H.R. 8295: Mr. SAN NICOLAS. the United States, or in any Department or H.R. 6581: Mr. TRONE. H.R. 8298: Ms. NORTON and Mr. SAN NICO- Officer thereof. H.R. 6597: Mr. GOTTHEIMER. LAS.

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H.R. 8306: Mr. COOK. KELLY of Pennsylvania, Mr. WEBSTER of H. Res. 1116: Mr. BARR, Mr. WITTMAN, Mr. H.R. 8313: Ms. MCCOLLUM. Florida, Mr. BUDD, and Mr. CURTIS. SMUCKER, Mr. SIMPSON, Mrs. WAGNER, Mr. H.R. 8325: Ms. MENG and Mr. COOK. H. Con. Res. 117: Mr. YOHO. SPANO, Mr. VAN DREW, Mr. LAMALFA, Mr. H.R. 8333: Mr. HIGGINS of Louisiana, Mr. H. Res. 190: Mr. GOTTHEIMER. BUDD, Mr. WENSTRUP, Mr. NEWHOUSE, Mr. BALDERSON, Mr. NORMAN, and Mr. H. Res. 452: Mr. GOTTHEIMER. GREEN of Tennessee, Mr. MAST, Mr. RESCHENTHALER. H. Res. 823: Mr. TAYLOR and Mr. KENNEDY. SCHWEIKERT, Mr. MOONEY of West Virginia, H.R. 8339: Ms. KAPTUR, Mr. CISNEROS, Ms. H. Res. 825: Mr. CURTIS, Mrs. DAVIS of Cali- Mr. WEBER of Texas, and Mr. MARSHALL. NORTON, Mrs. HAYES, Ms. JOHNSON of Texas, fornia, Mr. LEVIN of Michigan, and Ms. WILD. H. Res. 1118: Mr. DESJARLAIS. Mr. HASTINGS, Mr. DANNY K. DAVIS of Illi- H. Res. 835: Mr. MORELLE. H. Res. 1121: Mr. YOHO and Mr. CARSON of nois, Mr. COOPER, Ms. WILSON of Florida, and H. Res. 1078: Mr. KEATING. Indiana. Ms. LEE of California. H. Res. 1099: Mr. CASE. H. Res. 1123: Mr. PERLMUTTER and Mr. H.J. Res. 53: Mr. BROOKS of Alabama, Mr. H. Res. 1100: Mr. BERA and Mr. MCGOVERN. JOYCE of Ohio. PERRY, Mr. MCKINLEY, Mr. MARSHALL, Mr. H. Res. 1103: Mr. SAN NICOLAS. H. Res. 1125: Mr. CASTRO of Texas. YOHO, Mr. RIGGLEMAN, Mr. WALTZ, Mr. STEW- H. Res. 1111: Ms. TITUS, Mr. SUOZZI, Mr. H. Res. 1130: Mr. LANGEVIN. ART, Mr. JOHNSON of South Dakota, Mr. SCHIFF, Mr. SHIMKUS, and Mr. GUEST. H. Res. 1134: Mr. SAN NICOLAS.

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Vol. 166 WASHINGTON, WEDNESDAY, SEPTEMBER 23, 2020 No. 165 Senate The Senate met at 10 a.m. and was According to the Pension Benefit dares to play by the rules and behave called to order by the President pro Guaranty Corporation’s annual projec- like a majority, it would mean ‘‘the tempore (Mr. GRASSLEY). tions—and those reports were released end of this supposedly great delibera- f last week—there is a very big need for tive body’’—‘‘the end of this supposedly reform. That is as important as ever great deliberative body.’’ PRAYER and getting more important every day. Yesterday, we learned what he The Chaplain, Dr. Barry C. Black, of- The report estimates that the Multi- meant. We saw important Senate busi- fered the following prayer: employer Insurance Program will be- ness hurt by what amounted to a tem- Let us pray. come insolvent in 2026. That is a year per tantrum. For some reason, the Gracious God, empower our law- later than predicted last year, so peo- Democratic leader decided to vent his makers to grow in grace. Make them ple might feel a little more comfort, frustration by blocking the Intel- gentle yet brave, confident yet humble, but that is only because we gave relief ligence Committee—listen to this— wise yet dependent on Your guidance. last year to the mineworkers’ plan. from holding a bipartisan counterintel- Lord, give them the wisdom to cul- What is worse is that insolvency will ligence hearing—by blocking the Intel- tivate a faith that perseveres, keeping come at the same time that the Cen- ligence Committee from holding a bi- them from growing weary in doing tral States Pension Fund will become partisan counterintelligence hearing. what is right. Strengthen their ability insolvent, then creating an even bigger The committee was set to hear from to see among their colleagues Your di- strain on the PBGC’s insurance fund. Bill Evanina, the Director of the Na- vine image. May our Senators increase Reaching a bipartisan reform agree- tional Counterintelligence and Secu- in favor with You and humanity. Fill ment continues to be critically impor- rity Center. This is the Nation’s top them with a passion to live for Your tant. I am very encouraged by recent counterintelligence official. Among glory. indications from my Democratic col- other things, he works directly on pro- We praise You for being our helper, leagues that they are interested in tecting our elections and our politics and we desire to magnify Your Holy working with us to find a solution—a from foreign interference. That is his Name. Amen. solution that will strengthen this im- job. They were going to hear from him. f portant part of our retirement system This is the same Democratic leader PLEDGE OF ALLEGIANCE while ensuring that taxpayers aren’t who declared a few weeks ago that if The President pro tempore led the left holding the bag again in the fu- the Intelligence Committee did not Pledge of Allegiance, as follows: ture. stay close to Congress on election security, it would be ‘‘an abdication of I pledge allegiance to the Flag of the I yield the floor. United States of America, and to the Repub- I suggest the absence of a quorum. [their] duty . . . to protect our democ- lic for which it stands, one nation under God, The PRESIDING OFFICER. The racy.’’ Just last week, he wrote me a indivisible, with liberty and justice for all. clerk will call the roll. letter saying election security had to The PRESIDING OFFICER (Mrs. The senior assistant legislative clerk be ‘‘above partisan politics.’’ But now LOEFFLER). The Senator from Iowa. proceeded to call the roll. the Democratic leader’s temper is more Mr. GRASSLEY. Madam President, I Mr. MCCONNELL. Madam President, important. He denied Chairman RUBIO ask unanimous consent to speak for 1 I ask unanimous consent that the order routine permission for the bipartisan minute in morning business. for the quorum call be rescinded. committee to meet. He said: ‘‘[W]e The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without won’t have business as usual here in objection, it is so ordered. objection, it is so ordered. the Senate.’’ f f Today, both the Intelligence Com- mittee and the Armed Services Com- MULTIEMPLOYER PENSION RECOGNITION OF THE MAJORITY mittee are scheduled to meet. They are SYSTEM LEADER set to speak with top intelligence and Mr. GRASSLEY. Madam President, The PRESIDING OFFICER. The ma- military officials about election secu- quite often in our newspapers, you can jority leader is recognized. rity. I guess we will find out whether read about a lot of city and State pen- f the Democratic leader’s embarrassing sion funds that are in trouble. There is theatrics were just a 1-day matinee or one at the national level we have to JUDICIAL NOMINATIONS whether he means to make this a se- deal with, so today I speak about the Mr. MCCONNELL. Madam President, ries. multiemployer pension system prob- 2 days ago, the Democratic leader Our bipartisan committees have a lems and the need for reform. threatened that if the Senate majority great deal of work to do to safeguard

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Sep 11 2014 02:31 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A23SE6.000 S23SEPT1 ctelli on DSK30NT082PROD with SENATE S5796 CONGRESSIONAL RECORD — SENATE September 23, 2020 our Nation and, in particular, to pro- personal brand out of filibustering judi- Americans took care to ensure Sen- tect our elections, so I hope our col- cial nominees. Talented, hard-working ate Democrats could not stand in the league from New York gets out of the people’s careers were destroyed, like way of a fair process. So that is exactly way. the brilliant lawyer Miguel Estrada, a what the Senate will provide. But the Democratic leader didn’t close friend of now-Justice Elena f stop there. A few minutes later, he de- Kagan, who says he is ‘‘extraordinary’’ GOVERNMENT FUNDING cided to cheapen a solemn and unifying and ‘‘thoughtful’’ and would have made moment and turned a draft unanimous ‘‘an excellent addition to any Federal Mr. MCCONNELL. Madam President, resolution honoring Justice Ginsburg court.’’ People like that, literally, were now on another matter, yesterday the into one more depressing stunt for the destroyed by Democratic tactics. House passed a government funding TV cameras. This version of the now-Democratic resolution on a bipartisan basis. It will Over the weekend, I wrote a resolu- leader said filibustering judges was an now make its way through the Senate. A few days ago, when House Demo- tion honoring the late Justice’s amaz- essential part—an essential part—of crats released their first draft, Repub- ing life. Normally, such measures are the Senate. He said that if Republicans licans immediately spoke out about a adopted with unanimous, bipartisan ever used the nuclear option to huge omission. It intentionally ne- support. That is exactly what we did ‘‘change the rules in midstream’’ because ‘‘they can’t get their way on glected the needs of farm country and after Justice Scalia passed. Every Sen- rural America. They tried to use our ator recognized that our collective eu- every judge . . . it’ll be a doomsday for democracy.’’ Nation’s farmers and ranchers as a bar- logy was no place to debate political gaining chip. questions—oh, but not this time. This But of course, in the very next Presi- dential administration, the Democratic Fortunately, thanks to the leader- time, the Democratic leader copy- ship of our colleague Senator ERNST, pasted the tribute I had written, put leader leapt at the chance to press that doomsday button himself. Democrats along with Senators HOEVEN, BOOZMAN, his name on top, and added two divi- and many other Republican colleagues, sive references to our debate over what could not abide by President Obama’s being constrained by the same rules we made it clear right away that we to do next. He didn’t devote any time would not let Democrats leave farmers or attention to the language praising they had imposed on President Bush. They had no patience to taste their behind. Justice Ginsburg’s life and career. He The Commodity Credit Corporation own medicine. So the Democratic lead- did not suggest a single change to any is an essential source of funding for our er suddenly decided that ‘‘the old rules of that. His sole focus was on turning a farmers. For years it has been rou- need to be modified.’’ He voted to use solemn routine and unanimous mo- tinely refilled with bipartisan support, the nuclear option to lower the bar. but this year Speaker PELOSI tried to ment for Justice Ginsburg into a plat- So there actually has been one con- take Middle America hostage for unre- form for himself. sistent principle all this time. For the lated political brinksmanship. Justice Ginsburg could not be more Democratic leader, two things qualify I am grateful to Senator ERNST and deserving of the honor of a formal Sen- as a crisis when it comes to the courts. ate tribute. I hope our colleague from everyone who fought hard to fix the The sky is falling when a Democratic Democrats’ bill. Republicans kept the New York will let us pass one some- President does not get to confirm every time soon. Speaker of the House from adding in- last judge he or she wants, and the sky sult to injury in such a challenging f is falling when a Republican President year for rural America. SUPREME COURT NOMINATIONS gets to confirm any judge. I know all Members will carefully re- Six months ago, our colleague view the continuing resolution sent Mr. MCCONNELL. Madam President, walked across the street to the Su- over by the House. I am optimistic on another matter, I have already preme Court steps, stood in front of a that, with bipartisan cooperation, we talked a lot about history this week, crowd, and yelled: will be able to make law well before but before we shift focus to President I want to tell you, Gorsuch! I want to tell the government funding deadline at the Trump’s nominee, we need to review you, Kavanaugh! . . . You will pay the price! end of this month. Senate history one more time. You won’t know what hit you if you go for- As we await the hurricane of mis- ward with these awful decisions! f representations and bad-faith attacks That is the Democratic leader in MEASURES PLACED ON THE that seem almost guaranteed to pour front of the Supreme Court of the CALENDAR—S. 4653 AND H.R. 8337 out, we need to understand, in very United States. Mr. MCCONNELL. Madam President, clear terms, why our colleague from Just last night he said this: I understand there are two bills at the New York is a uniquely non-credible I tell the American people, everything you desk due a second reading en bloc. messenger when it comes to the Sen- need and want, just about everything, will be The PRESIDING OFFICER. The ate’s role in judicial confirmations. taken away inexorably, month after month, clerk will read the bills by title for the It was Senate Democrats who began year after year, decision by decision, by this second time. new court. our modern challenges with their The senior assistant legislative clerk treatment of Robert Bork in 1987, but That is the argument. That is, appar- read as follows: the acrimony really got going in the ently, the argument. ‘‘Everything you A bill (S. 4653) to protect the healthcare of early 2000s when a group of Senate need and want will be taken away.’’ Is hundreds of millions of people of the United Democrats took the almost-never-used this a discussion among Senators or an States and prevent efforts of the Department of Justice to advocate courts to strike down tactic of filibustering nominations and overdramatic line from a bad movie? The American people do not need any the Patient Protection and Affordable Care turned it into a constant routine for more revisionist history lectures, any Act. the first time ever. A bill (H.R. 8337) making continuing appro- more threats, or any more performance So who was the main driving force priations for fiscal year 2021, and for other outrage from the side that launched behind these tactics? Let’s consult purposes. this unfortunate fight and escalated it some New York newspapers from the Mr. MCCONNELL. In order to place time after time after time. the bills on the calendar under the pro- year 2003: There is one right path before us. It Schumer decided [to] put ideology on the visions of rule XIV, I would object to does right by the judiciary, the Senate, further proceedings, en bloc. front burner in the confirmation process. the yet-unnamed nominee, and the . . . ‘‘I am the leader (of the filibuster move- The PRESIDING OFFICER. Objec- ment), and you know, I’m proud of it,’’ said American people. It is a fair hearing, a tion having been heard, the bills will be the senator from Brooklyn. fair process, and a fair vote. That is placed on the calendar. what the American people ensured in Mr. Schumer urged Democratic colleagues f . . . to use a tactic that some were initially 2018 after the Democratic leader explic- reluctant to pursue, and that has since roiled itly asked for a referendum on this ap- RESERVATION OF LEADER TIME the Senate. proach to the judiciary. He got that The PRESIDING OFFICER. Under Throughout President Bush 43’s two referendum in 2018. The people decided. the previous order, the leadership time terms, our colleague built an entire They shrunk his minority even further. is reserved.

VerDate Sep 11 2014 02:31 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G23SE6.001 S23SEPT1 ctelli on DSK30NT082PROD with SENATE September 23, 2020 CONGRESSIONAL RECORD — SENATE S5797 RECOGNITION OF THE MINORITY are of the same party, a different rule Unable to thrust comically unpopu- LEADER applies? I didn’t hear that right after lar positions on the American people The PRESIDING OFFICER. The Scalia died when Leader MCCONNELL through Congress, they have to try Democratic leader is recognized. explained why he was holding it up. through the courts—a cynical strategy So this idea that when it is one that dates back to the 1950s. f party, one rule applies and another Republicans are sick and tired, for SUPREME COURT NOMINATION party, a different rule applies, we have instance, of this annoying law, the Af- a term for that. It is called a double fordable Care Act, and that it keeps Mr. SCHUMER. Madam President, standard. providing healthcare to millions of first, let me thank all of my colleagues If the leader really wants to discuss Americans. They tried to repeal it in who were here until late last night and precedent—real precedent, not fic- the House just about a million times, made such persuasive arguments as to tion—we can dispatch with that con- and they tried here, too, in the Senate why the new Supreme Court Justice versation in about 30 seconds. but failed by one vote. So now they matters so much to the American peo- Madam President, I have a par- have taken it to the courts. ple, to their healthcare, the working liamentary inquiry for the Chair: Is President Trump and Republican at- people’s rights, to women’s rights, to there a Senate precedent for con- torneys general are suing right now to preserving the right to choose, to mak- firming a Supreme Court nominee be- eliminate the entire law, including pro- ing sure we have a good green planet, tween July and election day in a Presi- tections for up to 130 million Ameri- to LGBTQ rights. They did an eloquent dential year? cans with preexisting conditions. In job. The PRESIDING OFFICER. Mate- fact, President Trump is meeting with I hope America was listening because rials from the offices of the Secretary those Republican attorneys general at this nomination matters; it matters to of the Senate do not show such a prece- the White House today, this afternoon. the average daily lives of average dent. Less than a week after Justice Gins- Americans. And last night, by holding Mr. SCHUMER. Thank you, Madam burg’s passing, the President is meet- the floor until the late hours, Demo- President. ing with the leaders of the Republican crats made really strong arguments. July is long gone. August is over. We lawsuit against our healthcare law. Os- I thank my colleagues for doing that. are now at the end of September. As tensibly, it is about how social media Madam President, for the third day you just heard—not from the Demo- companies are biased against conserv- in a row, Leader MCCONNELL has come cratic leader but from the records in atives, but who wants to bet that the to the floor and completely ignored the the Senate, as spoken by the Chair, healthcare lawsuit doesn’t come up? I ‘‘principle’’ he established in 2016, there is no, no, no precedent for con- would like for someone to ask them when, mere hours after Justice Scalia firming a Supreme Court Justice be- that. tween July and election day. The Re- passed away, Leader MCCONNELL said If he cared about healthcare and the that ‘‘the American people should have publican leader can come up with argu- American people, President Trump a voice in the selection of their next ments that twist things, that jump himself would ask the AGs to withdraw Supreme Court Justice’’—his words: through hoops, but it doesn’t gainsay their lawsuit. I am calling on him to do ‘‘The American people should have a no, no, no precedent for any Supreme it right now. I doubt he will, given his voice in the selection of their next Su- Court nominee being confirmed be- record, given his lack of concern for tween July and election day. As you preme Court Justice,’’ referring to the the American people’s healthcare, but know, July is gone. August is over. We upcoming election. he should. But, unfortunately, let’s re- are now at the end of September. It is That election was more than 8 member, President Trump already told 6 weeks before an election in which months away. We are now only 42 days the American people his goal. He said: some people have already begun to away. But the so-called McConnell ‘‘My judicial appointments will do the vote. right thing, unlike Bush’s appointee rule—the supposed principle that the Simply, my Republican friends have American people deserve a voice in the John Roberts, on ObamaCare.’’ no ground on which to stand—none. He is about to make a Supreme Court selection of a Supreme Court Justice— There is no logic to excuse flipping pick while there is an ongoing lawsuit hasn’t come up. The Republican leader their position 4 years apart, under the that seeks to eliminate the Affordable can’t mention it. No wonder he never same circumstances. There is no jus- Care Act. Hear that, America? The mentions it. And he sticks to just di- tification for the Senators who said on healthcare law you want, the versionary, irrelevant remarks in his the record that they would ‘‘say the healthcare law you need, the speeches on the floor instead of ad- same thing if a Republican president healthcare law that protects you dressing the main issue—why he said were in office’’—‘‘say the same thing if against overreaching insurance compa- one thing in 2016 and a different thing a Republican president were in office’’ nies that will not give you insurance now. they said then, but it doesn’t apply when you have a preexisting condi- Instead, the Senate is forced to suffer now that we have a Republican Presi- tion—President Trump has said he will these tortured explanations and mis- dent in office. There is no defense for appoint a nominee who will undo it, leading precedents. At a press con- the Senator who said: ‘‘Precedent set. and we know he said it because of what ference yesterday, here is how the Re- Precedent set. I’m sure come 2020, he said about Justice Roberts when publican leader described the Senate you’ll remind me of that.’’ There is no Justice Roberts opposed his view on role in confirming the Supreme Court place to hide for the Senator who said: healthcare. Justices. He actually said: ‘‘[W]e have ‘‘You can say that I said, let the next Guess when the case is being heard in an obligation under the Constitution president decide. Hold this tape. I want the Supreme Court, America. Novem- [to consider a Supreme Court Justice] you to use my words against me.’’ ber 10, a week after the election. Is . . . should we choose to take advan- Why are Senate Republicans going to that why Senate Republicans are in tage of it.’’ such extreme lengths to ram through a such a rush to get a new rightwing Jus- Did you catch that? Did you catch Justice weeks before an election, mak- tice confirmed before the election—so that? It is an obligation, but only if the ing a complete mockery of their pre- that the Supreme Court can do what Republican leader chooses to take ad- vious ‘‘principle’’? Why are they com- they failed to do here in the Senate— vantage of it. I see. So, when there is a mitting a power grab so egregious that repeal this healthcare law, which pro- Democratic President, it is one of it risks shredding the last vestiges of tects so many Americans? those obligations you don’t have to trust that remain between our two par- Leader MCCONNELL slammed on the take advantage of, but when there is a ties? For what? Because this is the brakes while tens of thousands of Republican President, it is a solemn only way for Republicans to achieve Americans died from COVID, and now constitutional duty. their radical, rightwing agenda—an he is slamming his foot on the gas to Are we really supposed to swallow agenda so far away from where average approve a Supreme Court Justice who the argument that, when the Senate Americans think, even average Repub- could rip away Americans’ healthcare and the President are of the opposite licans, that they wouldn’t dare bring in the middle of a pandemic. Shame. party, one rule applies, but when they such things on the floor of the Senate. Shame.

VerDate Sep 11 2014 08:52 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G23SE6.003 S23SEPT1 ctelli on DSK30NT082PROD with SENATE S5798 CONGRESSIONAL RECORD — SENATE September 23, 2020 For 4 months, the Republican major- They are fighting to reverse Justice nate a third Supreme Court Justice. ity delayed a COVID-relief package Ginsburg’s legacy, not honor it. All of After all, overreacting to Republican while the Nation suffered, but 1 hour— their speeches of praise run totally hol- nominees is pretty much the Demo- 1 hour—after the news of Justice Gins- low and are belied by their actions. crats’ stock-in-trade. It doesn’t matter burg’s passing broke, Leader MCCON- America, you can’t trust them at who the nominee is. To hear the Demo- NELL said ‘‘batten down hatches, we’re their word. You can’t trust them to crats tell it, any Republican nominee is full steam ahead’’ on confirming an- protect your healthcare, and you defi- likely to bring about Armageddon. other rightwing Justice—a Justice who nitely can’t trust this Senate Repub- The fact that some Republican nomi- could undo Ruth Bader Ginsburg’s leg- lican majority to protect you. nees in past years, and as recently as acy; who could rip away healthcare f this past June, have sided with the lib- from millions of American families; eral wing of the Court more often than who could decide there is no more right JOHNSON REPORT I would like has not in any way re- to choose for millions of American Mr. SCHUMER. While the rest of the strained Democrats’ hysteria each time women—Roe v. Wade hangs in the bal- country was busy fighting COVID, Sen- a new Republican nominee is intro- ance here; who could crush unions for ate Republicans have been abusing the duced. millions of American workers; who power of the Senate to conduct opposi- I thought we had reached a low point could make it harder to vote for mil- tion research for President Trump’s 2 years ago with the nomination of lions of African Americans; who could campaign. Justice Kavanaugh, who suffered end marriage equality for millions of This morning, the chairman of the months of character assassination at LGBTQ Americans, like my daughter Homeland Security Committee re- the hands of Democrats, but it turns and her wife, who looked at each other leased his report, which reads as if out that was not the low point because this weekend and wondered, is our mar- Putin wrote it, not U.S. Senators. The we have reached a new low. riage on the line? bogus narrative of this report, peddled As I said, it is no surprise the Demo- Average Americans are thinking, by a Russian disinformation campaign, crats have reacted with hysteria at the what are they going to lose with this was disproved by every witness who prospect of President Trump nomi- new, hard-right, special interest-domi- testified. Despite their zeal to smear nating another Supreme Court Justice. nated Supreme Court if—if—our Repub- Vice President Biden and his family, It was disappointing—but hardly sur- lican friends have their wish, which we Senate Republicans found no evi- prising—that yesterday the Demo- are going to fight every step of the cratic leader blocked a key Intel- way? The stakes of this election, the dence—no evidence—to support the conspiracy theories pushed by Putin’s ligence Committee hearing on election stakes of this vacancy concern no less security, a topic he has repeatedly in- than the future fundamental rights of intelligence agencies. Senators GRASSLEY and JOHNSON sisted is of overwhelming importance, the American people. to protest the thought of the Senate My friends on the other side will tell should reimburse taxpayers for the money they wasted. This entire dis- fulfilling its advice and consent role you that we are being hysterical, that and confirming a principled, conserv- they actually support protections for graceful affair and the Johnson report should be relegated to the dustbin of ative woman. Even Speaker PELOSI’s Americans with preexisting conditions. overwrought statement that Repub- That is hysterical? Ask the mother history. I yield the floor. licans are ‘‘coming after your chil- whose son or daughter has cancer and dren,’’ seemed pretty much par for the can’t get insurance and watches their I suggest the absence of a quorum. The PRESIDING OFFICER. The course. child suffer. That is not being Democrats have not limited them- hysterical; that is doing what we are clerk will call the roll. The senior assistant legislative clerk selves to temper tantrums. No, Demo- supposed to do, not what the folks on crats have moved on to threats. Dare the other side are doing—rushing proceeded to call the roll. Mr. THUNE. Madam President, I ask to confirm the President’s duly nomi- through a Justice who, in a very strong nated nominee, Democrats are now likelihood if that Justice gets ap- unanimous consent that the order for the quorum call be rescinded. saying, and if we win back the major- proved, would rip healthcare away ity in November, we will eliminate the from the American people. The PRESIDING OFFICER. Without legislative filibuster and pack the Su- America, you have to ask yourselves, objection, it is so ordered. preme Court. if Republicans will completely reverse f In other words, if Republicans dare to themselves on a major principle when- fulfill the Senate’s role of advising and ever it suits them, what can you trust CONCLUSION OF MORNING consenting to the President’s nominee, them on? How can you take their word BUSINESS Democrats will upend our democratic seriously? The PRESIDING OFFICER. Morning institutions. They will eliminate the Republicans have praised the legacy business is closed. of Justice Ginsburg with flowery words legislative filibuster, which is the Sen- about her impact, but in the resolution f ate rule that helps ensure legislation I offered yesterday, they even didn’t EXECUTIVE SESSION that passes the Senate has to be at want to acknowledge her dying wish least somewhat bipartisan. that she not be replaced until the next And they will pack the Supreme President is installed. EXECUTIVE CALENDAR Court. For those who need a brief re- President Trump had the gall, the te- fresher on the concept of court pack- The PRESIDING OFFICER. Under ing, which had been largely consigned merity, the baseness to suggest her the previous order, the Senate will pro- dying words were not issued by her. to the dustbin of history nearly a cen- ceed to executive session to resume How low can the President go? tury ago, the theory is as follows: If consideration of the following nomina- Senate Republicans are working with the Supreme Court is not deciding every fiber of their being to confirm a tion, which the clerk will report. cases to your liking, add more Justices Justice—despite her last wish, in con- The senior assistant legislative clerk to the Court until you start getting the tradiction to her dying, most fervent read the nomination of John Charles decisions that you want. In other wish—who will reverse her legacy. This Hinderaker, of Arizona, to be United words, let Republicans dare to fill the is not speculation. This is not hyper- States District Judge for the District vacant slot on the Supreme Court, and bole. President Trump has said again of Arizona. Democrats will keep adding Justices to and again and again that he wants the The PRESIDING OFFICER. The ma- the Court until they can be assured Supreme Court to ‘‘terminate’’ the jority whip. they will get the outcome they want in healthcare law. He made it clear he has SUPREME COURT NOMINATIONS every case. a litmus test: Any Trump nominee Mr. THUNE. Madam President, I Yesterday, I referred to those Demo- must want to strike down Roe v. Wade. don’t think anyone is surprised that crats as undemocratic. Why did I say For once, Republicans should be Democrats have not reacted well to the that? They are inconsistent with demo- straight with the American people. idea that President Trump will nomi- cratic government. In our system of

VerDate Sep 11 2014 02:31 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G23SE6.004 S23SEPT1 ctelli on DSK30NT082PROD with SENATE September 23, 2020 CONGRESSIONAL RECORD — SENATE S5799 government, you win some and you suggest that government is legitimate American every single day because our lose some. While it is no fun when you only when your party is in charge. farmers and ranchers produce the high- lose, that is how things sometimes go If Democrats continue along this est quality, lowest cost food supply in in a democracy. Have Republicans been dangerous trajectory, if they continue the history of the world that benefits enthusiastic when Democrat Presi- to try to delegitimize the actions of a every single American every single dents have had nominees confirmed to duly elected Senate majority and a day. That is just how important it is. the Supreme Court? No, but have Re- duly elected President, they are the How could we be reminded even more publicans suggested that Democrat Su- ones who will put our entire system at so right now than during this COVID preme Court Justices are illegitimate? risk. pandemic of that abundant, safe, won- Have we suggested that the proper re- If anyone wonders for a moment derful food supply that we have every sponse to a Democrat Supreme Court whether Democrats are advocating a day thanks to our farmers and ranch- nominee is to pack the Supreme Court principled position—if perhaps Demo- ers, and there is so much that goes into with additional Republican Justices to crats really think it would be best for it. get a rubberstamp for Republican pri- our country to eliminate the legisla- As the Presiding Officer well knows, orities? No, of course not. tive filibuster Democrats have used so with Nebraska as his State and its While we may not like it when Demo- often or to expand the Supreme being a big part of the incredible ag crats are in charge, we know that Dem- Court—one can simply ask whether production in this country—as a mat- ocrat-run government is legitimate, Democrats will continue to advocate ter of fact, there could be a little ri- just as Republican-run government is for these positions if President Trump valry here with his contiguous State to legitimate. It has become clear over is reelected and Republicans retain the north in terms of cattle production the past few years—especially over the control of the Senate. Think about or something like that—this is some- past few days—that Democrats think that one. I think everyone here knows thing that touches everybody every government is legitimate only when what the answer to that question is, day and is so important. they are in charge. So Democrats are and the answer is no. It is not just those farmers and accusing Republicans of undermining As I suggested, Democrats’ threats ranchers who produce that food every our institutions by fulfilling our con- are not going to stop Republicans from day; it is the whole supply chain that stitutional role because that is exactly carrying out our constitutional role in has to work. Remember, that food sup- what we are doing: fulfilling our con- considering the President’s nominee. ply has to be safe every day, not only stitutional role. One of the principle reasons that many tasty and affordable and abundant, and Let’s be very clear about that. Re- GOP Senators, myself included, ran for that is what we are talking about. This publicans are suggesting that we take office in the first place was to confirm has become a big, big issue in the con- up a Supreme Court nominee duly principled judges to our courts—judges tinuing resolution that we are working nominated by a duly elected President who understand that their role is to in- on right now in that the way we are and confirm that nominee in accord terpret the law, not make the law. funding the coronavirus food assistance with our constitutional advice and con- While many of my Democrat col- programs, in part, is with the direct sent role. leagues would like the courts to impose funding that we secured in the CARES Democrats are free to think that Re- their policies when they can’t push Act and also from what they call the publicans should not consider this them through Congress, Republicans CCC, the Commodity Credit Corpora- nominee, but it is absolutely indis- know that legislation should come tion. With regard to the farm bill—the putable that Republicans and the from Congress and not from the courts. bipartisan farm bill that has incredibly President are doing nothing more than The job of judges is to interpret the strong support on both sides of the carrying out a legitimate constitu- law as it is written, not to oppose Dem- aisle in this body and the House—many tional prerogative. ocrat or Republican policies from the of its very key programs are funded by What Democrats are doing, on the bench. the Commodity Credit Corporation. We other hand, is trying to ensure that My colleagues and I were elected and put about $30 billion a year into that only one party has a say in our govern- reelected, in part, because of our com- fund every year to make sure that ment—what some might call tyranny— mitment to confirming judges who those programs are funded to support and threatening retribution for the ex- would uphold the Constitution and the our farmers and ranchers. ercise of legitimate constitutional pre- rule of law. We have followed through That was not in the original House rogatives. That does pose a danger to on that commitment over the past 4 version that was going to be filed, so a our institutions. years, and we are going to keep fol- group of Senators from ag States came Take the Supreme Court. A year ago, lowing through by voting on the Presi- together last week and had a colloquy several Democrats warned that the dent’s nominee. in this body. They immediately went Court’s nonpartisan reputation was in Democrats can bluster. They can to work with our friends in the House jeopardy. Their argument was that the threaten. They can throw temper tan- who are also strong supporters of agri- Court would look partisan if it did con- trums. But we will keep doing what we culture and now the continuing resolu- tinue with a case the Democrats didn’t were sent here to do. tion that has passed the House over- like. What on Earth do Democrats I yield the floor. whelmingly, which we will be taking think will happen to the Court’s rep- I suggest the absence of a quorum. up, has that key funding in it. utation if they pack the Court with ad- The PRESIDING OFFICER. The So we are really here to, once again, ditional Democrats to rubberstamp clerk will call the roll. emphasize the importance of making their policies? Do they really think The senior assistant legislative clerk sure we fund these farm programs, to Americans are going to see the Su- proceeded to call the roll. make sure that we fund them in a preme Court as legitimate once it has Mr. HOEVEN. Mr. President, I ask timely way, and, again, to point out been hijacked for partisan Democratic unanimous consent that the order for very clearly that this is funding that is purposes? the quorum call be rescinded. being used expressly the way it was au- If you believe in our system of gov- The PRESIDING OFFICER (Mr. thorized to be used both in the over- ernment, you have to believe that all SASSE). Without objection, it is so or- whelmingly bipartisan farm bill we Americans—not just those who agree dered. passed—the 5-year farm bill—but also with you—have a right to have a voice AGRICULTURE in the CARES Act, in which we secured in the government. You are free to ve- Mr. HOEVEN. Mr. President, we are additional funding. Now the funding hemently disagree with 50 percent of here to talk about agriculture. We are that is included in the continuing reso- your fellow Americans. You are free to here to talk about those great farmers lution is exactly that funding that we dislike it when your party is not in and ranchers who feed this country and put out there every year to make sure charge. You are free to fight fiercely feed the world. this farm bill is provided on time. for the policies and candidates you be- You know, when we talk about good It could not be more important than lieve in. But what you cannot do with- farm policy, we are talking about this year, when not only are our farm- out undermining our entire system is something that benefits every single ers and ranchers fighting COVID but

VerDate Sep 11 2014 02:31 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G23SE6.006 S23SEPT1 ctelli on DSK30NT082PROD with SENATE S5800 CONGRESSIONAL RECORD — SENATE September 23, 2020 when they are fighting low commodity was in 2018, and we were all involved culture. They are not just here, advo- prices, challenges in the world of trade with that. It would keep all of those cating for it—they live it. It is a great in their being targeted by China, fight- programs funded, and that is critically group. ing challenges of tough weather, and important. It has never been more im- They have also reached out to so on top of that, COVID. So, again, we portant than it is right now in our many in the House, to the farm groups, have to be there for them. coming out of the pandemic. Food se- to the commodity groups, and to the ag I thank the Members of the Senate curity is an absolutely essential pri- groups, which I will talk a little bit and the House who worked very hard ority. It should be for our country, and more about later. on this and the farm group, and I am it certainly should be for the Members going to kind of run through this whole of Congress in both the House and the Let me turn to our Ag chairman, roster here in a minute. Senate. who, though still a relatively young Before I do that, I turn to the senior I thank my colleague Senator man, has been in the House and the Senator from South Dakota—our whip HOEVEN. As I said, he is a strong, Senate for many years and has always here in the Senate and somebody who strong voice for our agricultural pro- been a tireless advocate for agri- has worked on behalf of agriculture his ducers. When he and I and those from culture. He is a marine—once a marine whole life—and ask him for a few of his Arkansas and Kansas and Nebraska— always a marine. Semper Fi. He brings comments. those of us from farm country—work that attitude—that marine, you know, Mr. THUNE. Mr. President, I say to together and put together coalitions at ‘‘never turn back and never let up’’ at- my colleague from North Dakota how times like this, it is only due to that titude—and makes sure that he does much we appreciate his leadership. He advocacy we have heard from Senator everything he can on behalf of our is a relentless advocate for the farmers HOEVEN and others that has enabled us farmers and ranchers. and ranchers of North Dakota and to be successful. across this country. We share a border, I am glad that we have gotten the I yield to the chairman. but we also have a lot of commonality right outcome here, and it is some- The PRESIDING OFFICER. The Sen- in the people whom we represent. They thing to celebrate. Obviously, our ator from Kansas. are hard-working people who work farmers and ranchers across the coun- Mr. ROBERTS. I thank the distin- from dawn to dusk to feed not only this try are going to be, I think, enor- guished Senator for his comments. I country but the world. mously grateful that we have been able appreciate the shout-out for the U.S. It has been no easy task being in ag- to get this problem resolved. riculture during these last few years I thank the Senator for his leader- Marine Corps and to all of us who are for lots of reasons, as my colleague ship, and I look forward to continuing marines. from North Dakota has pointed out, to work with my colleagues on those The Marine Corps taught me one whether it be from, of course, most re- issues that are important in farm coun- thing, and that was that I could always cently, COVID, but also from chron- try that will help our farmers and do more than I thought I could. This is ically low and depressed commodity ranchers not only survive but, hope- a good example of what happens when prices, coupled with bad weather, cou- fully, prosper into the future. we work together as a team—when we pled with trade disputes, and difficul- Mr. HOEVEN. I thank the Senate’s work with our colleagues across the ties with markets here and around the majority whip for all of the work he aisle—when we see a real problem that world. Farmers and ranchers have had has done. has come up. a tough and difficult road these past Again, he works for farmers day in few years, so it is critically important and day out. He comes from South Da- This was a situation for which I that we continue to be there for them. kota, which is a strong farming and big wanted to express my gratitude to all As my colleague from North Dakota ranching State. He was instrumental in of the Members who joined together to pointed out, there was a concern be- this effort, not only by his joining us provide certainty and predictability. cause what we had heard initially last week in the colloquy but then by This is what we sold the farm bill on— would be in the continuing resolution engaging in the negotiations as part of certainty and predictability. We had a that was coming over from the House— our leadership time, along with our situation that we faced, and it was that will fund the government and that majority leader, who held fast on this. really difficult to understand how this we will pass, hopefully, later this week I have to tell you that, as we nego- came about, but that is not the news in the Senate—was not going to in- tiated back and forth with the House, today. The news today is good news in clude funding for agriculture and for our leadership—Senator MCCONNELL, that we reached a compromise and all of those programs that keep ag run- Senator THUNE, and others—held found agreement to replenish the CCC, ning that we authorized in the farm strong in saying: No, this is something the Commodity Credit Corporation, in bill. that must be in the continuing resolu- the continuing resolution, absent some A key Member of the House Agri- tion. Also, the administration—the of the barbed wire that was in there. culture Committee, Senator BOOZMAN, President and the White House—was of Arkansas, who is also a key member involved in this negotiation and held I especially want to thank more than of that committee—in fact, he is some- fast on this as well. 40 agriculture organizations, and I have body we hope to be the next chairman This is one of the last pieces of the the letter right here. I know both Sen- of that committee—and the current puzzle to come into place, but it is so ators who are in attendance here, as chairman of our authorizing com- very important that we have gotten it. well as Senator THUNE and everybody mittee, Senator ROBERTS, of Kansas, As I say, we had seven Senators down concerned, are aware of it. It is to Ma- who, I think, will be down here in just on the floor last week who were talk- jority Leader MCCONNELL, Speaker a few minutes, all played an important ing about it, and those seven Senators PELOSI, Leader SCHUMER, and Leader role, along with the ag community. All were led by our Ag chairman, and I will MCCARTHY. It is from 47 different farm of the organizations that Senator I ask him to make a few comments as organizations and commodity groups HOEVEN is going to talk about engaged well. that speak for, I think, virtually every right away when they realized what Again, let me thank those other Sen- farmer, rancher, and grower in the was happening, and we were able to ators who have joined and will join country. So I give thanks to the 47. us—Senator THUNE, from whom you work together to solve that. I ask unanimous consent to have Now we will consider on the floor of just heard; Senator BOOZMAN, from printed at this point in the RECORD this the Senate the continuing resolution whom you will hear in just a minute; letter, dated September 15, 2020, from to fund the government that does in- Senator ERNST, of Iowa; Senator FISCH- 47 farm organizations and commodity clude funding for the Commodity Cred- ER, of Nebraska; and Senator HYDE- groups. it Corporation, which provides the SMITH, of Mississippi. All have strong funds that keep all of those agricul- ag backgrounds. I mean, they are peo- There being no objection, the mate- tural programs that we authorize when ple who not only work on behalf of ag- rial was ordered to be printed in the we do a farm bill. The last farm bill riculture but who are involved in agri- RECORD, as follows:

VerDate Sep 11 2014 02:31 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G23SE6.008 S23SEPT1 ctelli on DSK30NT082PROD with SENATE September 23, 2020 CONGRESSIONAL RECORD — SENATE S5801 SEPTEMBER 15, 2020. Mr. ROBERTS. Mr. President, if we I ask unanimous consent to have Hon. MITCH MCCONNELL, had not done this, it would have re- printed at this point in the RECORD a U.S. Senate, sulted in delays in the 2018 farm bill list of these programs that were in dan- Washington, DC. programs—the one that we passed here ger. Hon. NANCY PELOSI, House of Representatives, with 87 votes—and the ability farmers There being no objection, the mate- Washington, DC. would have with the risk management rial was ordered to be printed in the Hon. CHARLES SCHUMER, tools. RECORD, as follows: U.S. Senate, I would just simply point out that no PROGRAMS FUNDED THROUGH CCC Washington, DC. matter what they grow or where they Price Loss Coverage; Agriculture Risk Cov- Hon. KEVIN MCCARTHY, live, farmers, ranchers, and growers erage–County; Agriculture Risk Coverage–In- House of Representatives, have done their part to ensure that our dividual; Marketing Assistance Loans; Eco- Washington, DC. Nation’s food, fiber, and fuel supplies nomic Adjustment Assistance for Upland DEAR MAJORITY LEADER MCCONNELL, Cotton; ELS Cotton; Payment Limitations SPEAKER PELOSI, LEADER SCHUMER AND continue without disruption during and Actively Engaged (commodity certs, sep- LEADER MCCARTHY: As Congress assembles a these unprecedented times. They are arate peanut payment limit, marketing loan; continuing resolution to extend government counting on the Department of Agri- Sugar Loans; Electronic Warehouse Re- funding, we respectfully ask that you pro- culture—and, for that matter, the Con- ceipts; Dairy Margin Coverage. vide the U.S. Department of Agriculture gress—to deliver a range of agriculture, Dairy Indemnity Payment Programs; Milk (USDA) with the resources necessary to con- nutrition, conservation, and forestry tinue assisting American farmers and ranch- Donation Program; Noninsured Crop Dis- ers. To that end, reimbursement for the programs. aster Assistance Program; Feedstock Commodity Credit Corporation (CCC) must More than 50 of these programs—here Flexibililty Program; Biofuels Infrastructure be included in any measure to keep govern- is the list—were in danger because of Program; Biobased Market Program; Bio- ment operating past the current fiscal year. the uncertainty in replenishing the refinery Assistance Program; Bioenergy Pro- For decades, CCC has been regularly re- CCC funding and then due to some of gram for Advanced Biofuels; Rural Energy plenished to fund programs integral to the the add-ons with regard to policy being for America Program; Export Credit Guar- antee Program. farm safety net that Congress has worked difficult to understand. Well, they are tirelessly to craft. Producers count on pro- Agriculture Trade Promotion Program grams like Agriculture Risk Coverage, Price easy to understand, but it is bad pol- (Market Access; Program, Foreign Market Loss Coverage, Dairy Margin Coverage, Mar- icy, bad precedent. Development Program, Emerging Markets keting Assistance Loans, conservation pro- We have put the Secretary of Agri- Program, Technical Assistance for Conserva- grams, and many others as they provide culture in a very bad position in that tion Reserve Program; Agricultural Con- food, fuel and fiber for our nation. Without he has announced the specifics of this servation Easement Program; Conservation immediate CCC reimbursement, payments program. I would urge all of my col- Stewardship Program; Voluntary Public Ac- and programs would be significantly delayed, leagues—more especially my col- cess and Habitat Incentive Program; Envi- jeopardizing operations across the country. ronmental Quality Incentives Program; Re- More than ever, farmers and ranchers need leagues across the aisle who have ex- gional Conservation Partnership Program; the certainty and support provided by farm pressed great concern as to what is in Emergency Assistance for Livestock, Honey programs. Low commodity prices, unjusti- this latest program and what isn’t—to Bees, and Livestock Forage Disaster Pro- fied retaliatory tariffs, natural disasters, and get on the phone, and I will get on the gram; Livestock Indemnity Program; Tree a global pandemic have placed a tremendous phone with the Secretary. I know that Assistance Program. burden on farm country. USDA’s most recent Senator BOOZMAN and Senator HOEVEN Facility Guarantee Program; Food for farm income projections forecast that cash will do the same. We all have concerns Progress Program; Quality Samples Pro- receipts will be at their lowest level in more as to how this is going to work, and gram; The Bill Emerson Humanitarian than a decade. Coupled with rising farm debt Trust; Wool Apparel Manufacturers Trust and a decrease in working capital, producers that has been true with all of the pro- Fund; Pima Cotton Trust Fund; Citrus Trust face challenges not experienced in decades. grams prior to this one. That is the Fund; APHIS efforts for emergency plant As the industry continues to endure hard- way to express our concern with regard and animal disease; Local Agriculture Mar- ships during this unprecedented time, we to getting something done. ket Program; Organic Production and Mar- urge you to include CCC reimbursement in a I do want to point out that my col- ket Data Initiatives. continuing resolution. Thank you for your leagues across the aisle, under the ban- Organic Agriculture Research and Exten- consideration and continued efforts on behalf ner of nutrition programs—the SNAP sion; Small Watershed Rehabilitation; Feral of American agriculture. Swine Eradication and Control Pilot; The Sincerely, program in particular, school lunches, et cetera—did point out that we had Gus Schumacher Nutrition Incentive Pro- Agricultural Retailers Association, Amcot, gram; Specialty Crop Block Grant Program; American Agri-Women, American Cotton some real deficiencies with regard to Animal Disease Prevention and Management Producers, American Cotton Shippers Asso- keeping our commitment to these pro- Program; Wool Research and Promotion; ciation, American Dairy Coalition, American grams, more especially with COVID–19. Farming Opportunities Training and Out- Farm Bureau Federation, American Pulse I understand that, so that was in- reach; Beginning; Farmer and Rancher De- Association, American Sheep Industry Asso- cluded. That is really what we are all velopment Grant Program; Emergency Food ciation, American Soybean Association. Assistance Program; Food for Peace Pro- American Sugar Alliance, Association of about here—working in a bipartisan gram. Equipment Manufacturers, Cotton Growers fashion on behalf of farmers, ranchers, Warehouse Association, Cotton Warehouse and growers in agriculture. That is Mr. ROBERTS. Mr. President, find- Association of America, Crop Insurance Pro- what we have always done on the coming a bipartisan solution to replenish fessionals Association, National Association mittee. the CCC and to provide much needed of Wheat Growers, National Barley Growers I thank my distinguished ranking certainty and predictability for all rea- Association, National Cattlemen’s Beef Asso- member, and I thank everybody who sons, all crops, all farmers, and all ciation, National Corn Growers Association, National Cotton Council. brought this thing together. ranchers, I, again, appreciate the ef- National Cotton Ginners Association, Na- As the chairman of this committee, forts of my colleagues and those who tional Council of Farmer Cooperatives, Na- we were successful. As I indicated, in a represent them—the Nation’s farmers, tional Farmers Union, National Milk Pro- bipartisan manner, we—87 Members of ranchers, growers, rural stakeholders, ducers Federation, National Sorghum Pro- this Chamber—voted in favor of this everybody in rural and small-town ducers, National Sunflower Association, legislation. These were some of the America, and their lenders, who could Panhandle Peanut Growers Association, programs that were threatened: price not believe what we were about to face Plains Cotton Growers, Inc., Produce Mar- keting Association, Rural & Agriculture loss coverage, agriculture risk cov- with pulling out the CCC funds with re- Council of America. erage, and marketing assistance loans. gards to the CR, or the continuing res- Society of American Florists, South- If you just go down the list of every- olution, to keep our government run- eastern Cotton Ginners Association, South- thing farmers were depending on, all of ning and avoid a government shut- ern Cotton Growers, Southwest Council of a sudden, it was up in the air. Why that down. Agribusiness, U.S. Canola Association, U.S. was true I am not quite sure, but this So this agreement, the continuing Cattlemen’s Association, United Egg Pro- ducers, United States Peanut Federation, US shows the extent of the damage that resolution, represents a good step, a Rice Producers Association, USA Dry Pea & could have been done with the original good bipartisan step. I really appre- Lentil Council, USA Rice, Western Peanut request in the CR without the CCC ciate that, although I must say we Growers Association. funding. didn’t have to go down this road.

VerDate Sep 11 2014 02:31 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A23SE6.002 S23SEPT1 ctelli on DSK30NT082PROD with SENATE S5802 CONGRESSIONAL RECORD — SENATE September 23, 2020 There is a saying we have in Kansas These important programs—like Ag not just for the farm bill but for that that there are a lot cactus in the Risk Coverage, Price Loss Coverage, disaster assistance, the coronavirus world. We don’t have to sit on every Market Assistance Loans, the Environ- food assistance funding that we are doggone one of them. And, boy, we sat mental Quality Incentive Program, and providing, as well, which our farmers on this one, and we sat on it too long. others—were authorized in the 2018 and ranchers need so very much as we I want thank the staff, especially the farm bill that was supported with an go through this COVID fight. Agriculture Committee staff, rep- overwhelmingly bipartisan record So let me just wrap up. This is some- resenting all of our Members on the Ag number of votes in the Senate. thing that the Ag chairman brought Committee. They did tremendous So I want to really just thank all of up. I thought, as usual, right on. He work, making sure the right policy was those involved in this effort. They said we wouldn’t have been able to get there, making sure that at least the worked so, so very hard. A special this done without the farm groups and CCC was operating with the funds that thanks to Senator MCCONNELL and his the ranch groups stepping up and call- they need to operate during the middle staff and Chairman ROBERTS, whom we ing their Member, whether it was their of COVID–19, and, again, on behalf of have with us now, who is certainly the Senator or their House Member. all of agriculture. voice of ag in the Senate and in Con- Our chairman also already intro- So I want to again thank Senator gress. We are going to miss him great- duced this into the RECORD—the let- HOEVEN for holding this discussion. ly, as he decides to step aside. And also ter—which was so important. But I am I yield the floor. to Senator HOEVEN and the great work going to take just a minute and read The PRESIDING OFFICER (Mr. that he did through the ag appropria- through those ag groups, if I could, as HOEVEN). The Senator from Nebraska. our way of finishing up with a thank Mr. SASSE. Mr. President, before tions part of this. Then, as Senator ROBERTS men- you. Chairman ROBERTS leaves, I just want- tioned, there are the staffs that worked I am just going to read through those ed to come down and lend my voice to so, so very hard, and also the members 47 groups: Agriculture Retailers Asso- him and Senators BOOZMAN, THUNE, of the Ag Committee who stepped up ciation, Amcot, American Agri- and HOEVEN, and to Chairman ROBERTS and really shouldered the burden and Women, American Cotton Producers, and his staff for his work, and the Pre- American Cotton Shippers Association, siding Officer. Thank you for spelling just did a tremendous job in really explaining to Congress and explaining to the American Dairy Coalition, Amer- me in the Chair momentarily. Senator ican Farm Bureau Federation. the public how important this issue HOEVEN and his team have done great I have got to say that the American was and that we simply could not go work as well. Farm Bureau Federation took a real As Chairman ROBERTS just said, forward without getting it included. leadership role, so a special thanks Then we are here, and we fight. We there was no reason to have gone down there. this path and injected all of this par- are kind of the tip of the stick and the But thanks to all of these groups: tisan uncertainty, holding farmers and spear in the ag community and worked American Pulse Association, American ranchers and their communities and really hard in that regard. We simply Sheep Industry Association, American their lenders and their welders and couldn’t get it done without the agri- Soybean Association, American Sugar their truckers hostage over the last 48 culture groups that worked so, so very Alliance, Association of Equipment hours. It served no policy purpose, and hard, again, in educating the farmers. Manufacturers, Cotton Growers Ware- it continues to diminish public trust in They understand how important this house Association; Cotton Warehouse this institution and our ability to serve is, but, again, mobilizing them, mobi- Association of America, Crop Insurance our people. lizing the public so that we could have Professionals Association, National As- So I just want to commend you and the great result that we did. sociation of Wheat Growers, National Senator HOEVEN and your teams for the I yield the floor. Barley Growers Association, National work that you have done. Mr. HOEVEN. Mr. President, I would Cattlemen’s Beef Association, National The PRESIDING OFFICER. The Sen- like to thank the Senator from Arkan- Corn Growers Association, National ator from Arkansas. sas again for his diligence and hard Cotton Council, National Cotton Gin- Mr. BOOZMAN. Mr. President, we are work, and our Ag chairman. ners Association, National Council of here today to commend our Republican I just want to wrap up with some Farmer Cooperatives, National Farm- leadership for forging a bipartisan thank-yous, as well, and it starts with ers Union, National Milk Producers compromise on a continuing resolution our Ag chairman, not only for his lead- Federation, National Sorghum Pro- to avoid a government shutdown. ership on the farm bill but then on ducers, National Sunflower Associa- In particular, I am so pleased that we making sure we fund these farm pro- tion, Panhandle Peanut Growers Asso- reached an agreement that included grams. ciation, Plains Cotton Growers, full reimbursement to the Commodity I tell you, it has been something that Produce Marketing Association, Rural Credit Corporation, which we have all I know Senator BOOZMAN agrees with & Agriculture Council of America, So- been talking about—not only agree- me on. We have learned a lot from him, ciety of American Florists, Southeast ment, but to take away the potential and we appreciate it. It has made a real Cotton Ginners Association, Southern of unnecessary delays in farm and con- difference for farmers and ranchers Cotton Growers, Southwest Council of servation payments, which are so im- across this country. Agribusiness, U.S. Canola Association, portant to our farmers. I want to thank, of course, all of the U.S. Cattlemen’s Association, United For decades, the CCC has been rou- Senators that worked with us on this Egg Producers, United States Peanut tinely reimbursed without fanfare, but, project—I named them earlier—but our Federation, US Rice Producers Asso- unfortunately, not so this year. Our House Members too. We reached out to ciation, USA Dry Pea & Lentil Council, farmers and ranchers have faced more Members of the House, whether it was USA Rice, and Western Peanut Grow- than enough challenges this year—ex- the ranking member on the Ag Com- ers Association—all representing farm- treme weather events, low commodity mittee, Representative CONAWAY, or ers and ranchers. prices, market volatility, a global pan- whether it was Representative FORTEN- They produce the highest quality, demic, and the list just goes on and on BERRY. There are many others that lowest cost food supply in the world and on. They don’t need Washington to reached out and helped as well. that benefits every single American, make things even more difficult. I agree. I want to thank our staff, led every single day. With passage of this bill, with the by Tony Eberhard, my chief, and on With pleasure I yield, for the final full CCC reimbursement, farm and con- the Agriculture side, by Morgan Ulmer words, to our esteemed chairman. servation program payments will go and her whole crew, Shannon Hines, Mr. ROBERTS. I am not sure this is out as planned and will offer farmers and, of course, RICHARD SHELBY, our the final word. In the Senate of the and ranchers a little more certainty leader on the Approps side, and some- United States there is no final word, I and a little bit more predictability to body whom you worked with for many, would assume. continue growing the food and fiber for many years, Mr. Chairman. But this points out something that is this Nation—not only for this Nation It takes all of these people working just absolutely understandable—com- but for the world. together. This was really important, mon sense. When people ask me how on

VerDate Sep 11 2014 02:31 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G23SE6.011 S23SEPT1 ctelli on DSK30NT082PROD with SENATE September 23, 2020 CONGRESSIONAL RECORD — SENATE S5803 Earth we got 87 votes together for a no question that it will be adequately My heart goes out to the families af- farm bill, with the tremendous help of funded. That is a positive thing. fected. I listened as spokespeople for the ranking member, Senator STABE- I also am happy to report that the the administration talked about the NOW, it was pretty easy. early press reports that we saw sug- wonderful job that they have done in We were holding hearings, as both of gesting CCC funds were actually going defending America from the the Senators know. And people asked to be diverted to oil companies—oil coronavirus. The numbers don’t back me: How do you get something like companies—was expressly prohibited as them up at all. this done? part of this negotiation. The United States of America has 4.5 It is just a huge undertaking. You Understand what is behind this. percent of the global population, and have to listen to farmers. You have to These oil companies have benefited yet as of this morning, we have 20 per- sit on the wagon tongue and listen. from a decision by the Trump adminis- cent of the COVID–19 deaths in the Well, this time we didn’t have to sit tration to give small refineries waivers world—4.5 percent of the population, 20 on the wagon tongue and listen. when it came to the blending of eth- percent of the COVID–19 deaths. This United, they said: What on Earth is anol with their product. The net result great and powerful Nation, with the going on? How did this proposal get of that decision by the Trump adminis- best doctors and hospitals and re- loose? In other words, keeping us out of tration was that a large number of searchers and pharmaceutical compa- the continuing resolution, given the these small refineries were given waiv- nies in the world, has one of the worst problems that we are having, what on ers for blending, and, as a result, the records in fighting this virus in the Earth is going on? actual production of ethanol declined world. It is sad to think that you are dramatically. It is one of the major And so it wasn’t much of a surprise five times more likely to be infected by reasons that corn is grown and sold. It to any of us when farmers—every one COVID–19 in the United States than if is for that use, and it was diminished of them represented by the groups that you were living in Germany; twice as the distinguished Senator has just list- dramatically. It was one of major reasons why, as likely to be infected by COVID–19 in ed—said: Whoa. Wait a minute. We are the ethanol industry cratered, that the United States than if you were liv- getting left out. farm income in many States was cut in ing in Canada. Canada, just across the I think the leader in a conference half from what it normally has been. border, has an infection rate half of said something about, well, other than In just the last few days, there has what the United States has. What is it the fact that we are treating agri- been an attempt to rectify the situa- that they did that we didn’t do? culture and farmers like bums—I mean, tion, which should have been changed Well, they came together as a nation it was pretty clear what was going on, years ago, and rectifying it to say that, with a national policy, and it worked. and it was terribly counterproductive. once again, there will be blending of We didn’t. This President basically said I don’t know how people come up with ethanol with gasoline in the United to the Governors: You are on your own. these things. It is what it is. States, which I support. And then As a consequence, there was a mad But we listened to farmers. We got someone suggested, well, let’s give an scramble to get protective equipment. the job done. We cooperated. It was bi- additional subsidy to the oil companies There was a mad scramble for ventila- partisan. from the Commodity Credit Corpora- tors. It was a free-for-all when it Some of the nutrition programs were tion—a terrible idea from the start. I should have been a coordinated na- addressed. It was a good news story. We am glad it is not included in this final tional policy. couldn’t have done it, however, with- product. Then, when the public health experts out the 47 groups that sounded the Let me mention one other part of told us the obvious, that we ought to alarm. And so we have been able to do this that is included that I think bears use these masks, and we should prac- it over a period of about 3 or 4 or 5 notice, and that is the fact that there tice social distancing, washing our days. is an extension of the school feeding hands, and avoiding crowds, the Presi- I thank everybody concerned. I think program for the next school year. dent of the United States said just the it is a good news story in the end re- We have an extraordinary situation opposite. One day he wore a mask—I sult. with the COVID–19 pandemic where saw on television—when he visited a Mr. HOEVEN. Mr. Chairman, I also many schools are not bringing kids veterans hospital. I don’t know if he want to add Terry Van Doren to that into the classroom. Many of these kids has ever worn one before or since. list, who is here this morning on the are being taught online across Amer- When the message from the public floor. He worked tirelessly and stood ica. I know it because I know my health experts who insisted that it was firm in the negotiations. So, Terry, grandkids are going through this. For the best way to break the back of this thank you to you as well. those who are in lower income-quali- pandemic, this President mocked them And, again, the final word, though, fying categories, we have now extended by holding rallies across the United has to go—I think Senator BOOZMAN in this continuing resolution the acces- States with all of his loyal fans point- would agree with me—to our Ag chair- sibility of these school feeding pro- edly not wearing masks to show they man. Thanks so much. grams for the next school year. That is really didn’t care—didn’t care about The PRESIDING OFFICER (Mr. important. Kids, if they are going to any of the public health advice, and we SASSE). The Senator from Illinois. learn, have to have nutrition. We don’t are paying the price for it. Mr. DURBIN. Mr. President, let me want them suffering from hunger in More people are infected in this at the outset join in with my Repub- the process in any way, shape, or form country than Canada. We have double lican colleagues. Coming from a farm in this great Nation. the rate here over Canada, five times State, I am glad that we have a bipar- I want to salute not just the CCC, the rate over Germany. So many more tisan continuing resolution until De- which has been lauded over and over have died in this country who should cember 11. again in this last half hour, but this de- be living today. The President, at var- I am saddened that we don’t have the cision that my side of the aisle was ious times, has said, when asked about Appropriations Committee working pushing for to extend school lunch and the deaths: ‘‘It is what it is.’’ That is through its normal process, nor the school feeding programs into the next an off-the-cuff dismissal of the issue, Budget Committee. This is the world school year. I think it will give some which is beneath the dignity of any we live in now—continuing resolutions. peace of mind to administrators who leader of either political party. And this continuing resolution does in- are trying to cope with the current sit- Despite the urgent needs of families, clude money for the Commodity Credit uation. businesses, workers, and unemployed Corporation, which is the usual source CORONAVIRUS Americans across the country, we of payments for agriculture programs Mr. President, on a completely dif- haven’t followed through on the origi- agreed to in the farm bill. ferent subject—but related—we have nal CARES Act, which passed in this There was some question as to lost 200,000 Americans to coronavirus. Chamber on March 26. It was that date, whether or not there was enough The predictions are that by election by a vote of 96 to 0, that Republicans money in the CCC account to take care day there could be 300,000 deaths and by and Democrats said: We take this seri- for the months to come. Now there is the first of next year, 400,000 deaths. ously, March 26, and we are going to

VerDate Sep 11 2014 08:52 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G23SE6.012 S23SEPT1 ctelli on DSK30NT082PROD with SENATE S5804 CONGRESSIONAL RECORD — SENATE September 23, 2020 dedicate $3 trillion to make sure that those programs? It raises a question as dred dollars a week sounds like a lot of we fight this virus and that we do ev- to whether they are going to be hurt by money—times 4 weeks, $2,400. But if erything in our power to cushion the this temporary measure. It is a very $1,700 a month is going just to main- shock of the economic impact of this confusing proposal by the President, tain your health insurance from where virus on America. but he has put it on the table, and we you worked, you can see there is vir- I went home after that, and people are now trying to sort out the impact tually no benefit. It is estimated that said: I can’t believe 96 to nothing. it is going to have. 23 million workers can lose health cov- Democrats and Republicans agreed? We need to do more. We shouldn’t go erage during the course of this pan- Well, we did. There were some pro- home for this election empty handed demic. That happens to just about mir- posals in there that were brandnew, when it comes to helping the families ror the number who were given health such as the Paycheck Protection Pro- and businesses across America, and we insurance under the Affordable Care gram that Senators RUBIO and CARDIN need to start to help State and local Act. Now they stand to lose—at least constructed. I think I have been told governments. the same number stand to lose their they spent perhaps 2 weeks in writing My State of Illinois has problems— health insurance because of the pan- this important program. Was it per- plenty of them. When it comes to pen- demic. Are we going to sit still for this fect? By no means. We realized, after a sions, for example, just like Kentucky, or are we going to help these families? few weeks, it needed to be changed, and we have problems funding our pensions My bill, which I will be introducing we changed it several times, but the in Illinois. But we have a second set of with Senator CORTEZ MASTO and oth- concept was sound to give money to problems created by the pandemic—the ers, will fully cover the cost of COBRA, small businesses so they could keep downturn in revenue which is going to enabling newly unemployed Americans people on the payroll, pay the mort- have a dramatic impact on State budg- to keep their healthcare coverage dur- gage, pay the rent, pay the utilities. ets in Illinois and other States. If we ing this difficult time. The legislation These are the fundamentals that a don’t help these State and local gov- mirrors what passed in the Heroes Act business needed so that it might reopen ernments get through this problem, in the House in May—in May, 4 months and put people back to work. It was a they have no choice but to layoff im- ago—and it is vital to help those whose great program. It should be extended portant, vital employees—law enforce- jobs have been taken away by the pan- even further. I think there should be a ment, firefighters, healthcare—just to demic. We have waited 4 months to do second round. name a few. something here in the Senate, and we I also think there should be a second When people talk about defunding have done nothing. round when it comes to unemployment the police, I am afraid that if we don’t So MCCONNELL brought a bill up 2 benefits. The $600 a week, which we give a helping hand to State and local weeks ago that is so thin and so want- provided—which is incidentally subject governments, we are actually going to ing that it really didn’t address the to taxation, people should remember— see the defunding of some law enforce- problems that this Nation faces. but the $600 a week which we provided ment across this country. That is why There is a new report from the Rob- ert Wood Johnson Foundation that half over and above State benefits made a those on this side of the aisle have been of Chicago households report having dramatic difference in the lives of pushing for State and local assistance lost their jobs. Some of those who lost Americans. Critics from the outset as part of any package of relief that we their job are head of household, have said: It is going to make people lazy. pass. Folks will just sit at home watching The majority leader knows this needs been furloughed or are seeing reduc- Netflix and eating bonbons. to be done. The playbook was right in tions in wages or hours since the start of the pandemic. Half—half—of Chi- I don’t believe that. In fact, when front of him for another relief bill. We cago’s households reported facing seri- you look at the reality of the situa- did it back in March with the CARES ous financial problems during the pan- tion, 70 percent of the people who have Act. To negotiate a real package with demic and have trouble caring for their gone back to work in America—70 per- real solutions for the American people, children. Thirty-five percent reported cent of them—were earning less money the majority leader needs to show up that they used up all or most of their at work then they did with unemploy- at the negotiating table. It is impos- savings. This is a terrible situation—a ment benefits, and yet they went back sible to explain why Senator MCCON- challenging situation. We owe it to this to work. Why would they do that if it NELL boycotted the negotiation ses- country and the people we represent were just about whether you are going sions between the White House and the not to ignore it. to be lazy or thrifty? It is because they Democratic leaders in Congress. There As we know, the pandemic has dis- want to be back to work for the bene- was an empty chair waiting for him, proportionately affected our minority fits, to do the work that they do and but he never filled it. communities, with nearly 70 percent of enjoy doing, and they knew that unem- I am introducing legislation this Black families and 63 percent of Latinx ployment was a temporary thing, as it week to help workers who have been families in Chicago reporting they are should be, as people had an opportunity furloughed or laid off through the pan- having serious financial problems—70 to return. demic from losing their health insur- percent of Black families, 63 percent of So that expired July 31. The Presi- ance. I can’t imagine a worse situation Latinx families. dent has tried to extend it by Execu- than in the midst of a public health While those statistics reflect the re- tive order. There is question as to crisis to lose your health insurance ality of many in Chicago, there is no whether he has the authority to do coverage. doubt that this is also the story in that. The President is also trying to do If you have been laid off, your op- many other cities across this Nation. something which I still don’t under- tions are a few—but only a few. You That is why we need a Federal re- stand how to explain to anyone when it may qualify for Medicaid. It is pos- sponse. We need to do what is nec- comes to payroll tax. He is allowing sible. You might go to the Affordable essary to help these families, busi- employers to decide whether to sus- Care Act and go on the exchange and nesses, cities, and States get back on pend collection of the payroll tax to a find an insurance policy that works for their feet. But instead, the Senate Re- later date. If that tax on your income you and your family. There is also an publicans proposed an inadequate, par- of 6 percent or 7 percent is suspended, option called COBRA, where you would tisan bill, with no negotiations with but yet you have to pay it all back at take the health insurance offered in the other side of the aisle. They failed the beginning of the year, are Ameri- your workplace and decide to keep it to prioritize the needs of struggling cans prepared to have a double tax- but pay the employer’s share as well as families. ation from their payroll check after the employee’s share on premiums. The The bill has failed to provide another the first of the year? In the meantime, problem, of course, is that it is very ex- round of economic impact pay for fami- that payroll tax is supposed to be used pensive. lies or hazard pay for essential work- to fund Social Security and Medicare. On average, COBRA costs $600 a ers. They fail to provide relief to If the President is not funding Social month to keep the health insurance States and local governments to help Security and Medicare, what does that you had at work for an individual, teachers, EMTs, firefighters, and po- do to the solvency and longevity of $1,700 a month for a family. Six hun- lice.

VerDate Sep 11 2014 08:52 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G23SE6.014 S23SEPT1 ctelli on DSK30NT082PROD with SENATE September 23, 2020 CONGRESSIONAL RECORD — SENATE S5805 A week from Thursday is October 1, Toomey Warner Wicker this vacancy on the Court and why Udall Warren Wyden which means another month’s rent will Van Hollen Whitehouse whoever is elected President in Novem- be due, and many families know they ber should be the one who decides to will not be able to pay it. We need help NAYS—26 fill this seat. on a bipartisan basis. I agree with Fed- Barrasso Gardner Rounds Justice Ginsburg was, simply put, a eral Reserve Chairman Jerome Powell, Blackburn Hawley Sasse phenomenal lawyer and jurist. She was Blumenthal Heinrich Schumer if we don’t move and move quickly to Boozman Hirono Scott (FL) small, and she was mighty. As a civil address this issue, the economy can Braun Hoeven Scott (SC) rights lawyer, she won key cases that sink even deeper, and recovery would Cotton Kennedy Sullivan established a woman’s constitutional Cruz Lankford be further in the distance. In the mean- Thune right to equal treatment and confirmed Daines Lee Young time, the death numbers in the United Enzi Moran the principle of equal rights for all. As States would be even worse. NOT VOTING—3 a jurist, she further cemented these key principles into law. She brought I yield the floor. Capito Harris Johnson CLOTURE MOTION them up, and she made them exist for- The PRESIDING OFFICER. On this ever. The PRESIDING OFFICER. Pursuant vote, the yeas are 71, the nays are 26. to rule XXII, the Chair lays before the As a person, she brought smiles to The motion is agreed to. our faces, and now she really does Senate the pending cloture motion, The Senator from Idaho. which the clerk will state. bring tears. NATIONAL SMALL BUSINESS WEEK Although small in stature, Ruth The legislative clerk read as follows: Mr. RISCH. Mr. President, fellow Bader Ginsburg was a formidable advo- CLOTURE MOTION Senators, I rise today in honor of and cate, strategist, and champion. I be- We, the undersigned Senators, in accord- to speak about the importance of small lieve she will continue to serve as a ance with the provisions of rule XXII of the businesses—in particular, in relation to major role model for generations of Standing Rules of the Senate, do hereby National Small Business Week. women, both young and old, for whom move to bring to a close debate on the nomi- Idaho’s small businesses are the en- she paved the way, and I am one of nation of John Charles Hinderaker, of Ari- gine that powers our State’s economy. zona, to be United States District Judge for those. We are in her debt today, and the District of Arizona. They provide us with not only goods generations to come will be in her debt Mitch McConnell, Martha McSally, Tom and services, local jobs, and growth op- as well. Cotton, Roger F. Wicker, John Cornyn, portunities, but also immeasurable Justice Ginsburg is also important to Lamar Alexander, John Barrasso, Roy community value. me personally. Her confirmation hear- Blunt, Marco Rubio, Richard Burr, With the onset and spread of COVID– ing was the first I participated in as a Mike Crapo, Rob Portman, Kevin 19, this year has presented Idaho’s busi- newly elected Senator and as the first Cramer, John Thune, Steve Daines, ness owners with challenges not seen in John Boozman, James Lankford. woman to sit on the Judiciary Com- our lifetime. Even under normal cir- mittee in 1993. It was a long time ago. The PRESIDING OFFICER. By unan- cumstances, business ownership takes As I said before the committee in imous consent, the mandatory quorum remarkable courage and commitment. 1993, it was not until I began preparing call has been waived. With the pandemic, the challenges as- for Justice Ginsburg’s confirmation The question is, Is it the sense of the sociated with entrepreneurship have that I learned how she built the foun- Senate that debate on the nomination increased dramatically. Throughout dation for women’s rights. Simply put, of John Charles Hinderaker, of Ari- 2020, Idaho’s small businesses have it was this: Before becoming a judge on zona, to be United States District shown tremendous determination as the DC Circuit, Justice Ginsburg was Judge for the District of Arizona, shall they have strived to serve their cus- the director of the ACLU’s Women’s be brought to a close? tomers and keep their doors open to Rights Project, where she won five The yeas and nays are mandatory people in their communities. cases before the Supreme Court. Amaz- under the rule. During this year’s National Small ing—five cases before people believed The clerk will call the roll. Business Week, I want to take this op- women had these rights. In one of these The bill clerk called the roll. portunity to recognize the resilience cases, Craig v. Boren, the Supreme Mr. THUNE. The following Senators and courage of small businesses Court held for the first time that the are necessarily absent: the Senator throughout the Gem State and encour- equal protection clause of the 14th from West Virginia (Mrs. CAPITO), the age Idahoans to continue to support Amendment applied to women. Can you Senator from Wisconsin (Mr. JOHNSON). the local shops, restaurants, and busi- believe it—actually applied to women. Mr. DURBIN. I announce that the nesses that make our communities vi- This is a very big addition because this Senator from California (Ms. HARRIS) is brant. really canceled out inequality. necessarily absent. I firmly believe that small business In other words, it is because of Jus- The PRESIDING OFFICER (Mr. relief is a shared, bipartisan priority. tice Ginsburg’s advocacy as a lawyer LANKFORD). Are there any other Sen- Here in the Senate, we will continue to that the government cannot discrimi- ators in the Chamber desiring to vote? work to deliver relief to Idaho’s small nate against women on the basis of sex. The yeas and nays resulted—yeas 71, businesses so that we can get back on For the female side of this room, this nays 26, as follows: the path to recapturing the unprece- was really a major person whose works [Rollcall Vote No. 190 Ex.] dented prosperity our economy pro- enabled us to run for this esteemed YEAS—71 vided before this crisis began. body and be part of it. Idahoans are set apart by their grit, Alexander Feinstein Murphy It is no surprise, then, that Justice Baldwin Fischer Murray self-reliance, and their deep commit- Ginsburg remained a fierce defender of Bennet Gillibrand Paul ment to community. I am constantly women from the bench. Blunt Graham Perdue reminded of this and proud of it when She consistently reaffirmed a wom- Booker Grassley Peters I see Idaho’s small businesses enduring Brown Hassan Portman an’s right to choose and upheld Roe v. Burr Hyde-Smith Reed and supporting one another through Wade against dozens of attacks. Cantwell Inhofe Risch these uncertain times. She invalidated the men’s-only pol- Cardin Jones Roberts The PRESIDING OFFICER. The Sen- icy at the Virginia Military Institute. Carper Kaine Romney Casey King Rosen ator from California. Explaining that decision at a visit to Cassidy Klobuchar Rubio SUPREME COURT NOMINATIONS VMI, Justice Ginsburg told cadets that Collins Leahy Sanders Mrs. FEINSTEIN. Mr. President, I she knew it ‘‘would make V.M.I. a bet- Coons Loeffler Schatz Cornyn Manchin Shaheen rise today in honor of Justice Ruth ter place.’’ Cortez Masto Markey Shelby Bader Ginsburg. Justice Ginsburg was In 2007, she vehemently dissented in a Cramer McConnell Sinema a role model for many and a champion case where the Court’s majority held Crapo McSally Smith for all, and I was one of those. that a woman—namely, one Lilly Duckworth Menendez Stabenow Durbin Merkley Tester I would like to speak about what is Ledbetter, with whom we have become Ernst Murkowski Tillis at stake for the American public with familiar—was time-barred from suing

VerDate Sep 11 2014 03:03 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G23SE6.016 S23SEPT1 ctelli on DSK30NT082PROD with SENATE S5806 CONGRESSIONAL RECORD — SENATE September 23, 2020 her employer for discrimination when think of those rights that need contin- bill. I will remind you again, it passed she finally learned that her male col- ued protection when the replacement is unanimously through committee. leagues had been paid more than her made by the President. While there is a heck of a lot of polit- for several years. Justice Ginsburg’s We cannot allow the Senate and the ical posturing that goes on in the Sen- dissent in this case became the basis President to jam through a nominee ate, we have had moments when we for the Lilly Ledbetter Fair Pay Act, who will undo this legacy, which is so have come together to rein in the tick- which we passed in 2009, making it pos- important to every American because er tape parade of Washington’s ex- sible to bring lawsuits when gender- every American has that legacy today, cesses. For instance, we passed my based pay discrimination is actually firm, and uses it virtually every day of SQUEAL Act, which was signed into uncovered. their life. law as part of the Tax Cuts and Jobs As a testament to the legal giant she We are ready to fight, and we will do Act of 2017. I am proud of that effort was, Justice Ginsburg’s accomplish- everything in our power to safeguard because there is no reason Members of ments on behalf of women are just one these hard-won rights and protections. Congress should enjoy tax perks that part of her legacy, and that legacy I It is really important. Of all the nomi- don’t get enjoyed by everyone else. strongly believe is going to be honored nations I have sat as a fairly long-term My bipartisan Program Management more and more in the years to come. member—since 1993—of the Judiciary Improvement and Accountability Act She died last Friday, just 46 days be- Committee, these protections and was signed into law, creating more effi- fore the 2020 Presidential election. rights are really all important and ciency and oversight in the Federal Importantly, under a Republican must be protected. They will be what Government. standard adopted in 2016, the Senate we are looking at when the nominee I certainly have not stopped fighting should not consider a Supreme Court comes to the Senate. to rein in Presidential perks. nomination until after the inaugura- I yield the floor. I have also worked with colleagues tion of the next President, whoever The PRESIDING OFFICER. The Sen- who couldn’t be more different from that may be. Until recently, Repub- ator from Iowa. me politically, and we have actually licans have been intent on their own BILLION DOLLAR BOONDOGGLE ACT accomplished really important things standard, which they used to block Ms. ERNST. Mr. President, I grew up for the American people. I will name a consideration of Merrick Garland, on a family farm with modest means. few of those. We have fought against President Obama’s nominee, to fill Jus- As a young girl, I saw Washington, DC, abuse in the Olympics. We have worked tice Scalia’s seat on the Court. Now, as a place for men in big fancy suits to stop prison rape. We have expanded can we have one set of rules for Demo- and big fancy houses. While a lot has telehealth and mental health services cratic Presidents and another for Re- changed since that time—for one, there for our veterans. We have fought publican ones? I think not. To allow are a lot more women like me serving against opioids in our communities, otherwise undermines not only our in the Senate—so much here is still the and so much more. faith in Congress but also the faith of same. Working across the aisle really does You see, too many folks in Wash- people that we are going to stick by take humility. It takes honesty, and it ington get their paychecks from Amer- what we do and be impartial in the ju- takes a firm belief in America and her ican taxpayers but don’t honor the people. But we can do this. I would dicial system. Now, just 41 days before folks who pay their salary. Instead of urge all of my colleagues to support the election, Senate Republicans must holding bad actors accountable, wheth- my bill and move it through the Sen- abide by their own standard. er it is reckless spending or raunchy What is at stake? There is a great ate. behavior on taxpayers’ time, it gets deal of attention this week as to whom Living in Iowa, I am so blessed to be swept under the rug. the President might select. The simple Let me give you an example. I have a around the best people America has to truth, however, is this: No matter bill right now. It is called the Billion offer. I am lucky not just to call these whom President Trump nominates, Dollar Boondoggle Act. It passed com- people farmers but also friends and fundamental rights and protections mittee unanimously. It is actually one neighbors. Iowans are strong. Iowans must be considered because they be- of the simplest bills I have ever intro- are resilient. And Iowans are brave. I come at risk if the nominee doesn’t reduced. It literally requires the govern- have long said we need more of Iowa in spond positively and effectively to ment to report on projects that are, Washington. I will keep fighting to these. No. 1, behind schedule and, No. 2, over- make sure that happens. For example, in November, the Court budget. It is a simple reporting require- I yield the floor. will hear a renewed legal challenge— ment. Again, it passed through the I suggest the absence of a quorum. The PRESIDING OFFICER. The brought by the Trump administra- committee unanimously. tion—to the Affordable Care Act. Given The bill has the support of my Re- clerk will call the roll. President Trump’s promise to appoint publican colleagues, but I am being The senior assistant legislative clerk a Justice who would strike down the stonewalled by my friends across the proceeded to call the roll. Affordable Care Act, healthcare access aisle. Folks, I cannot fathom why some Ms. DUCKWORTH. Mr. President, I and protections for the nearly 130 mil- Senate Democrats would oppose a re- ask unanimous consent that the order lion nonelderly Americans with pre- porting requirement to identify waste- for the quorum call be rescinded. existing conditions are really in cer- ful spending. The PRESIDING OFFICER (Mr. ROM- tain peril, and we have every reason for You might ask: If this bill is so sim- NEY). Without objection, it is so or- serious consideration and opposition if ple, why does it mean so much to you? dered. this protection is not continued. Because it matters to my fellow Iowa REMEMBERING JUSTICE RUTH BADER GINSBURG It is unbelievable that during a pan- taxpayers. They expect Washington to Ms. DUCKWORTH. Mr. President, a demic that has already killed more use their tax dollars wisely, not throw 5-foot-1-inch giant, Ruth Bader Gins- than 200,000 Americans, this President them down bottomless sinkholes that burg changed this Nation—and the po- and his allies are rushing a nomination go unnoticed. Ask any small business tential of my own life—time and again, that could leave up to 30 million Amer- owner in Iowa whether the bottom line seeing no challenge too big and finding icans without healthcare. I hope that allows them to be over-budget or be- no cause too small to fight for. A doesn’t happen. hind schedule. They would be out of woman with the softest voice, yet the The next Justice will also decide business. They would be out of business most powerful words one could ever cases concerning women’s reproductive in a heartbeat. Yet we can’t even pass imagine, she made it her life’s work to rights, voting rights, access to justice, a bill to report on these cost overruns, lift up the voices of others who all too environmental protections, the rights much less address them. I guess it is often had been silenced or ignored. of LGBT Americans, and the rights of perfectly fine for Washington to take With every case she argued, with American workers. Justice Ruth Bader more and more from working families every ruling she issued, with every dis- Ginsburg was a champion for all these and small businesses. sent she penned, Justice Ginsburg rights and protections. She is very Folks, I think it is downright shame- helped push our country toward that hard to replace, and it is important to ful that we just can’t pass this simple more perfect Union our Founders once

VerDate Sep 11 2014 03:03 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G23SE6.020 S23SEPT1 ctelli on DSK30NT082PROD with SENATE September 23, 2020 CONGRESSIONAL RECORD — SENATE S5807 wrote of in the Constitution she be- whose talent and capacity place them HOUSING REPORT lieved in so fiercely. outside the average description.’’ Mr. BROWN. Mr. President, the Our democracy may have been found- I can’t begin to imagine the number coronavirus has been the great revealer ed in the 18th century, but it wasn’t of women generals and flag officers and in our country. This crisis, of course, fully built when the ink dried on the servicemembers she paved the way for isn’t happening in a vacuum. It is lay- Declaration of Independence. It was with those rulings, but I do know the ered atop a system that already was shaped and strengthened, forged and story of one, not a flag officer—just not working for a whole lot of people formed, not just by those whose faces me, myself. and that had centuries of racism built loom large on Mount Rushmore but by As I was a couple years into the into it. someone who was often the smallest, Army when she wrote that decision, Few places is that more true than in quietest person in nearly every room Ruth Bader Ginsburg helped make my our housing system. When it comes to she ever walked into. It is because of career in the military possible. She housing, like so many problems in this Ruth Bader Ginsburg’s brilliance and helped make my hope of one day serv- country, we have a President who resilience that so many of us have the ing in a combat role regardless of my makes things worse, not better. For 4 rights we too often take for granted, gender, of one day commanding a years now, President Trump and his and it is because of her that who I am unit—despite most of my crew being administration have systematically today is possible. men—achievable. It was because of her undermined fair housing. Long before she was a Supreme Court that my dreams had the opportunity to I would add, since the Senator from Justice, she was a relatively unknown become a reality. Utah is in the Presiding Officer’s chair, law school professor who altered the You know, yesterday, I told my 5- that I would do a shout-out for his fa- course of history when she argued that year-old, Abigail—named for Abigail ther and what he did as Secretary of the equal protection promised under Adams, another feminist—that we were HUD in the late sixties, early seventies the 14th Amendment didn’t just mean taking a field trip instead of our usual in trying to move this country forward. equal protection for men. Her legal ge- homeschooling routine, and I took her That was obviously not in my pre- nius was captured in her first land- and her younger sister, Maile, to the pared remarks. I didn’t know that you mark victory and reflected in her steps of the highest Court in the land. would be presiding, but thank you. choice of a male plaintiff to dem- I didn’t expect to get emotional, and I The Trump agenda—very different onstrate that discrimination on the didn’t expect to tear up, but with Maile from the agenda in the Romney HUD basis of sex harms every American, in my lap and Abigail by my side, I administration—turned back the clock male and female alike. started to cry. I was crying because it on civil rights protections that leave Suddenly, thanks to this idealistic, was not just my military career Ruth communities of color, people with dis- young lawyer who spent her own law Bader Ginsburg helped to make pos- abilities, and LGBTQ people behind. school years having her place ques- sible but my family too. This week I released a comprehensive tioned because of her sex, it became il- I may never have been able to be- report from the Banking, Housing, and legal to discriminate against women come a mom if it were not for Justice Urban Affairs Committee, detailing the because they happened to be women. Ginsburg. Without her, without what ways that President Trump has made That same tenacity, that same trail- she did to safeguard healthcare and re- inequality and segregation in housing blazing intellect, that same woman productive freedoms, I might never worse and the work we have to do to also helped pave the way for me to suc- have been able to get pregnant through undo the damage. ceed in my career as a woman in the IVF. I might never have been able to More than 50 years after Congress military. have my two little girls; never would passed the Fair Housing Act, access to In 1973, she made sure that the equal have been able to watch Abigail place a housing remains not just unequal but rights for women she had helped to se- bouquet of white roses on the steps of separate and unequal. cure extended to the women who were the Supreme Court if Ruth Bader Gins- The contours of our country are too seeking to defend our Nation, arguing burg hadn’t spent decades in that very often still defined by Black, Latino, and winning her first case in front of same building, defending my rights. Asian or White neighborhoods, all with the Supreme Court—getting the Jus- She changed—no, she gave me the op- very different levels of access to re- tices to rule in an 8-to-1 fashion that portunity to achieve my life as it is sources—schools, grocery stores, the military could not give a female today. healthcare, clean air and water, public servicemember fewer benefits than her Her passing isn’t just heartbreaking safety. male counterparts. for me and for countless other women This is not an accident; it has been Her life, her position, and her title across this country; it is a loss for our done by design. For decades, the Fed- changed over the next couple of dec- entire Nation. It is a loss for justice, a eral Government not only condoned ades, as we all well know, but her con- loss for equality. housing segregation and discrimina- While today I will continue to mourn victions did not. It was 23 years after tion—perhaps unbelievably, perhaps everything we lost when she passed standing in front of the bench of the not—it actively promoted it. last Friday, I promise that tomorrow I highest Court in the land to argue that We all know about Black codes. We am going to roll up my sleeves and our Armed Forces could not discrimi- know about Jim Crow, even if too honor her in the way I believe to be nate against a woman in their ranks many want to deny we are still living most true to how she lived her life—by that Ruth Bader Ginsburg herself sat with this Jim Crow legacy today. It fighting like hell for what is right and on that very same bench and issued a wasn’t just the most blatant racist for all of our rights. ruling that changed everything for laws; discrimination was woven into My daughters might be too young to countless women who dreamed of serv- the creation of our modern housing remember going to the Supreme Court ing their country in uniform. She system from the beginning. to pay our respects to RBG, but they struck down the State-funded Virginia After the Great Depression, Presi- will know her legacy, and already, Military Institute’s male-only accept- dent Roosevelt created the govern- every day, they are living proof of its ance policy, granting women the abil- ment-sponsored Home Owners’ Loan power. ity to learn and train alongside men at I yield the floor. Corporation, the HOLC, and the Fed- one of the top military academies in I suggest the absence of a quorum. eral Housing Administration, the FHA. the Nation. The PRESIDING OFFICER. The These could have been tools for ex- In a ruling I plan to read out loud to clerk will call the roll. panding opportunity for everyone. my little girls some nights instead of The senior assistant legislative clerk They did that for White Americans, but their usual bedtime stories, she wrote proceeded to call the roll. for Black Americans they did the oppo- of potential female VMI students, argu- Mr. BROWN. Mr. President, I ask site. HOLC partnered with local real ing: ‘‘Generalizations about ‘the way unanimous consent that the order for estate agents and appraisers to make women are,’ estimates of what is ap- the quorum call be rescinded. what they called residential security propriate for most women, no longer The PRESIDING OFFICER. Without maps. These maps used color coding to justify denying opportunity to women objection, it is so ordered. differentiate between supposedly high-

VerDate Sep 11 2014 03:03 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G23SE6.022 S23SEPT1 ctelli on DSK30NT082PROD with SENATE S5808 CONGRESSIONAL RECORD — SENATE September 23, 2020 risk and low-risk neighborhoods, with We know—and many of us have re- providing the tools to help commu- green signifying the best neighbor- peated many times—that one-quarter nities create more inclusive housing hoods and red indicating a so-called of renters in this country pay at least markets, to end home lending discrimi- hazardous area. half their income in rent and utilities, nation, to strengthen fair housing Neighborhoods that were home to meaning if one thing happens in their oversight. people of color—even a small percent- life—their car breaks down, their child We must break down barriers to age—were marked ‘‘declining’’ or ‘‘haz- gets sick, or they have a minor work- home ownership and redesign our hous- ardous.’’ That is what we know as red- place injury that keeps them out of ing finance system so that it better lining. work 4 or 5 days—everything in their serves Black and Brown communities. It was despicable racism, woven into lives can turn upside down. They can We have to protect the basic premise the fabric of our housing system. We be evicted and all that happens with that LGBTQ people seeking shelter still live with the results. Capital, in that. That is the legacy of redlining should be treated with the same dig- the form of low-cost, stable mortgages, and racial exclusion at work. nity and respect as every other person. flowed to White neighborhoods—like During the last administration, I think some of these are just so obvi- the neighborhood in which I grew up in President Obama made significant ous, so important in a society like Mansfield, OH—and dried up in Black strides in enforcing civil rights laws ours. I will say that one again—the neighborhoods or neighborhoods that that have been on the book for decades. basic premise that LGBTQ people seek- were home to immigrants. But instead of continuing that ing shelter should be treated with the White borrowers were able to build progress, President Trump has simply same dignity and respect as every wealth through home ownership that choked that progress. He has turned other American. could be passed down through families. back the clock. He has undone the We must provide long-overdue invest- Our government systematically denied progress that so many of us fought for. ments in housing and community de- Black families the same wealth-build- Over the past 4 years, the Trump ad- velopment in communities of color. ing opportunity. ministration has done several affirma- Black families and other communities From 1934 through 1962, 98 percent— tive—if you will—affirmative things to of color have endured too many dec- 98 percent—of all FHA mortgages went discriminate—not just that it didn’t ades of our country’s housing policies to White homeowners—98 percent. failing them. It wasn’t until Dr. King’s assassina- get around to enforcing, but it has done things that, by themselves, have The same year we passed the Fair tion in 1968 that Congress finally Housing Act, Dr. King gave a speech we passed the Fair Housing Act to outlaw caused damage to the progress we have made. call ‘‘The Other America.’’ In that discrimination and promote integrated speech, here is what he said: communities. The Fair Housing Act He appointed an OCC Director who undermined the Community Reinvest- Our nation has constantly taken a positive was followed by the Home Mortgage step forward on the question of racial justice Disclosure Act and Equal Credit Oppor- ment Act by making it less likely that banks will provide the loans, invest- and racial equality. But over and over again tunity Act and the Community Rein- at the same time, it made certain backward vestment Act. These laws all provided ments, and services that these commu- steps. nities need. powerful tools to root out discrimina- The Trump administration is that The Trump administration cut back tion and to invest in underserved com- backward step. Fundamentally, we all on housing data collection, allowing munities. pretty much want the same thing—a lending discrimination to go un- But for too long, those laws simply home that is safe in a community we checked. weren’t implemented. care about, where we can get to work The administration tried to make Administrations of both parties ig- and our kids have a good school, with mortgages more expensive and harder nored the Fair Housing Act’s require- room for our family, whether that is to get, particularly for people of color. ment that the Federal Government— three kids or an aging parent or simply this is a legal term—affirmatively fur- The administration denied opportunities for home ownership to hundreds of a beloved pet. ther fair housing. Minority commu- You should get to define what home thousands of young adults. nities, though, remained under- looks like for you. You should be able The Trump administration forced invested. It took decades for all courts to find it. You should be able to afford families to choose between access to to say that if a housing policy has a it. You should be able to do it without affordable housing and food and discriminatory effect, it is, in fact, dis- the crippling stress of ‘‘Can I meet my healthcare and a path to citizenship. criminatory. That is pretty simple. If a rent payment or my mortgage every The administration gutted the so- housing policy has a discriminatory ef- month?’’ called disparate impact standard that fect, it is, in fact, discriminatory. For too many Black and Brown fami- helps root out policies that have hid- The government also didn’t collect lies, that has been out of reach—to find den discriminatory effects. enough housing data to root out dis- it, to afford it, to live in it without The Trump administration disman- criminatory housing that fed the crippling stress. subprime mortgage crisis. We know the tled the affirmatively furthering fair Congress cannot ignore these chal- 2008 crisis stripped away much of the housing rule, essentially telling com- lenges. We can’t keep allowing the housing wealth that families of color munities around the country: Don’t Trump administration to gut the tools had fought for. even bother trying to create a better, we have to make people’s lives better. Today, access to housing and all the more equal housing system, and we If we want to make the economy opportunity and stability that comes will not help you if you want to. work better for everyone—including with it remains unequal. The African- On and on and on it goes. communities of color that have been American home ownership rate is near- I invite everyone to read our report systematically excluded from oppor- ly 30 percentage points below the White and join us to take action. We have our tunity—we cannot shrink from these home ownership rate—30 percent work cut out for us to undo the damage challenges. That is the purpose of the below. Analysts have tried to explain President Trump has done and to get report we are issuing today. When the diversity with income and edu- to work to actually erase the legacy of work has dignity, everyone can find cation as factors, but it never tells the redlining and the legacy of Jim Crow and afford a place to call home. whole story. With all else equal, simi- and build a housing system that works I suggest the absence of a quorum. larly situated African Americans are for everyone. The PRESIDING OFFICER. The markedly less likely to own a home Housing is the foundation of so much clerk will call the roll. than their White counterparts. in life, and when people start behind The legislative clerk proceeded to Black and Latino renters are also because they can’t get access to clean, call the roll. more likely to pay a larger share of accessible, fair—fair and safe housing, Mr. TILLIS. Mr. President, I ask their income toward housing than they, in many cases, simply can’t catch unanimous consent that the order for White renters, making it even harder up. the quorum call be rescinded. to get by, even harder to save to buy a We have to restore the Fair Housing The PRESIDING OFFICER. Without home. Act to its full strength. This means objection, it is so ordered.

VerDate Sep 11 2014 03:03 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G23SE6.023 S23SEPT1 ctelli on DSK30NT082PROD with SENATE September 23, 2020 CONGRESSIONAL RECORD — SENATE S5809 PROTECT AND SERVE ACT cape from justice for dangerous crimi- cases, in city hall; in many cases, the Mr. TILLIS. Mr. President, across nals who intentionally assault or kill a Governor’s mansion; and in almost all the country, Americans watched in law enforcement officer. cases, the general assembly; and in all horror as news stations reported the Today, I call on every single Demo- cases, the U.S. House of Representa- shooting of two sheriff’s deputies in crat to support this commonsense leg- tives. Los Angeles, who were brutally tar- islation. The question is simple: Do Confidence in the voting process is geted by a murderous, violent criminal. you support the men and women in the thread that holds the fabric of de- In North Carolina, just 2 days earlier, blue who fight every day to keep our mocracy together. Every time we need- sheriff’s deputy Ryan Hendrix, a father communities safe or do you support lessly get into a discussion about of two young children, a man planning lawless, reckless, liberal mobs who whether this process is fair or safe, I to get married, was murdered in cold want to defund the police? think it is harmful. Every time we blood while responding to a family It is a yes-or-no question. You either need to have that discussion about under siege by an evil criminal. back the blue or you back anarchy. whether it is fair or safe, it is, of So far in 2020 alone, 37 law enforce- As long as I am a U.S. Senator I will course, not only helpful but totally ap- ment officers have been murdered by do everything I can to protect our men propriate. violent criminals and hundreds have and women who protect our commu- This is the time when we need to be been wounded while protecting our nities every single day. I expect and sure that our work has brought us to a communities. they deserve no less. good conclusion, rather than talking Despite these senseless deaths and I hope my Democratic colleagues can about the fact that the system is not the gruesome violence against police, stand up to AOC, the Squad, and their going to work. The system is going to there are those who support radical radical liberal base and do the same. It work. As the chairman of the Rules ideas like defunding or abolishing the is time to back the blue. It is time to Committee, where we have the prin- police. These dangerous policies would restore safety in our communities. It is cipal election jurisdiction, or as a allow criminals to roam free through- time to end the killing of law enforce- member of the Intelligence Committee, out our communities, unchallenged and ment officers and people just trying to I spent a lot of time looking at this. I unafraid. protect us every single day. think we have been very serious in the The agitators pushing to abolish the I yield the floor. Senate, particularly, in considering police have sown the seeds of discord in Mr. TILLIS. Madam President, I sug- these issues and at looking at the our country by disrespecting law en- gest the absence of a quorum. threats to our election system itself. forcement and disregarding their brave The PRESIDING OFFICER (Mrs. I am not going to talk much in the service to our Nation. Just look at LOEFFLER). The clerk will call the roll. next few minutes about false informa- Asheville, NC. Since June 1, over 30 po- The legislative clerk proceeded to tion and other things. In my view, all lice officers have left the law enforce- call the roll. you have to do is turn on the television ment profession. These brave men and Mr. BLUNT. Madam President, I ask to find some false information and women are tired of being attacked unanimous consent that the order for watch the campaign commercials. physically, emotionally, and person- the quorum call be rescinded. There is a nugget of truth, perhaps, but ally, simply for trying to keep their The PRESIDING OFFICER. Without most of them—many of them have lit- communities safe, every single damn objection, it is so ordered. tle more than a nugget of truth in day. ELECTION SECURITY them. They put on a uniform to go protect Mr. BLUNT. Madam President, I Sure, I am concerned about false in- their community, not sure if they are want to talk for a few minutes about formation. I am particularly concerned going to come back safe, and they do it securing our election process. about it if it comes from foreign gov- anyway, and we owe them a debt of At various times, in the last 4 years, ernments, from those who wish our gratitude. But they are sick of the op- there have been different levels of rea- country ill. But there is a lot of infor- portunistic politicians like the Demo- sons why the Federal Government mation out there—a lot more informa- cratic leader and AOC attacking them needed to take over the election proc- tion than there has ever been before— for just doing their jobs. ess. For a while, it was that the process and people should be very thoughtful Worst of all is the specter of targeted was too easily infiltrated by outside in- about the information they take in. attacks like those against the deputies fluences, and then it was COVID–19, I am not going to talk a lot about in Los Angeles. The harmful rhetoric and it was important that everybody that. I want to talk about the election being used by the radical, anti-police vote in different ways than they have system itself because, in my view, the leftists encourages an environment of ever voted before, and somehow only election-day system is as secure as it hostility, which emboldens criminals the Federal Government could manage has ever been. The registration system and murderers. The result is brazen at- that. is as secure as it has ever been. tacks against law enforcement officers I would say that, in that, just as we Four years ago, the Obama adminis- in broad daylight. look toward the 2020 elections, we have tration—a little later than this—said: In light of the toxic environment spent over $1 billion. I think it is $1.2 There is a big problem, and we are being created in this country, which billion in funding from the Congress. going to declare the election structure devalues police, I believe the Senate We have had dozens of hearings in the a structure of national significance, must act to protect law enforcement Rules Committee, the Judiciary Com- and we are going to play a different officers and show them our support. mittee, and the Homeland Security role than we have ever played before. That is why I have introduced the Pro- Committee. There was a 31⁄2-year bipar- There was no anticipation that this tect and Serve Act with 16 of my Re- tisan investigation that I was part of was going to happen and not much dis- publican colleagues. as part of the Intelligence Committee, cussion. The Protect and Serve Act would and we have looked at this about every Election officials all over the coun- punish criminals who target law en- way we can. try immediately said: Oh, no, you are forcement officers and harm them. Right now, people across the country not. You are not going to just decide in These criminals will receive up to 10 are beginning the process of casting October of an election year that you years in prison, and if they murder or their votes. This year, more than any are going to take over the election sys- kidnap a law enforcement officer, they other year up until now, we will have tem and declare it a system of national will get a life sentence. election day, but, really, we will have significance, a system of critical sig- It is sad that Congress even needs to more like ‘‘election month,’’ and, in nificance to the future of the Nation. consider a bill to protect police offi- some States, it is going to be ‘‘election Of course it is, but it didn’t become cers, but let me be clear: Attacks 6 weeks’’ or ‘‘election 7 weeks.’’ that in October of 2016. against any law enforcement officers So this process is starting right now. But the message was clear that we are no laughing matter. Congress must It is a process where people will decide needed to build those stronger ties pass the Protect and Serve Act imme- who represents them in the White with local and State election authori- diately and boldly say there is no es- House and the Congress; or, in some ties. We needed to do everything we

VerDate Sep 11 2014 04:13 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G23SE6.024 S23SEPT1 ctelli on DSK30NT082PROD with SENATE S5810 CONGRESSIONAL RECORD — SENATE September 23, 2020 could, as we saw the efforts by some that, putting people on the Federal the numbers of votes involved.’’ I think foreign actors and some people in their Election Commission to fill vacancies he is exactly right. The diversity of the basements trying to see if they could that had been there for a long time. system is the strength of the system. get into the voter registration system The Judiciary Committee has looked I personally think the best place to and do something with it. We have into things like the social media com- vote is at a polling place on election done more of that—well, we have done panies that are trying to stop day. I don’t always get to vote that all we can think of, in my view. We did disinformation. way. But if you want to have all the in- a lot of it before 2018, and that never Homeland Security has drawn out a formation that happens between the stopped. roadmap and has put the kinds of pro- start of the campaign and the day you For 20 years, Congress has done all tections into the system that you want vote, the only way you get that is vot- we can think of to help make the sys- to have in the system for equipment ing on election day. If you want to see tem work better. We have spent over $1 that counts votes, the registration sys- your ballot go into a ballot box or into billion in the past 4 years. We have en- tem that is available on election day. the counting system and know that couraged them to update, and we have The Intelligence Committee, as I said happened, you better get that on elec- seen updates of antiquated systems. before, conducted a 31⁄2-year investigation day. Systems that didn’t have a ballot trail tion on foreign meddling in the last But many people will vote in other and other things have all been gen- election, and the administration is ways, particularly this year. Usually, erally replaced, and where they haven’t holding those perpetrators account- the other ways are a little more com- been, I think they are on even higher able. plicated, but they are still protected by alert. We have helped them increase The Justice Department has secured comparison of signatures in most their cyber security. We have re- indictments against three Russian States. Usually, there is still going to sponded to COVID–19 with help to local companies. Twenty-six people involved be included an indication on the voter governments, which in some cases was with Russia’s influence campaign in roll that goes to the polling place that used for establishing polling places and 2016 have been impacted by that. The somebody has already received another even maybe paying extra to election Justice Department has sanctioned 46 ballot. There are safeguards there. judges. other people and 18 businesses. For reasons we all understand, more While we provided those resources, it One of the things we didn’t have in people are going to vote earlier in this has been for a long time and still is up 2016 was a cyber offense. We had a election than ever before. I know our to local and State officials, who are the cyber defense and I think the best in election officials in our State and I sus- closest to the people they work for, to the world at that moment—I hope it pect all over the country are planning do everything they can to secure those still is—but we didn’t have a cyber of- for what they can do to still have the elections. I spent about 20 years doing fense. most information available possible on that, part of it as a local election offi- I remember being in an Intel hearing election night, but it is unlikely that cial in Missouri, a county official, and in 2017—this was early 2017—when the we are going to know everything we part of it as the Missouri secretary of question was put to our intel commu- want to know on election night. state, the chief election official. nity: Have you ever been told by the If you don’t want to vote at a polling Earlier this month, I had a chance to President of the United States that place on election day or can’t vote at a be in Kansas City when the county you should have offensive action taken polling place on election day, you clerks and election authorities were all against these bad actors? The answer should still vote. Confidence in every- meeting. Most of them were there at a by all of them was no. But it was thing you hear or read should not be distanced meeting to talk about elec- March or April of 2017. The President of complete, but I think confidence that tion responsibility. Others were vir- the United States who hadn’t given the election system itself is going to tually there to talk again about the ab- that direction for the previous years tabulate the results that came in and solute commitment they have made to was not the current President, who, the votes that were cast is a pretty the people they work for to conduct not too long after that, did give that safe bet. elections in a way that is both free and direction. Politics can become heated and noisy fair. I think that is what is going to By 2018, when we sought cyber of- during an election season, but at the happen. fense, we had our own cyber offense. end of the day, the American people Clearly, again, there are efforts by They know who they are, and they need to understand that we are doing foreign adversaries—Russia, China, know the price they paid and the price all we can to give them the ability to Iran, North Korea, and others—to they would pay again. Thousands of cast their ballots with minimal obsta- interfere with our elections, but we members of the intelligence commu- cles and maximum confidence that want to be sure and I believe have been nity have been working to keep an eye what happens on election day is what sure that Federal agencies have been on that part of keeping our elections the voters voted to do on election day. providing the resources they needed to secure. With that, I yield the floor. investigate bad actors, to punish bad Providing Federal support to State The PRESIDING OFFICER (Mr. actors, and to do everything they could and local officials is the right ap- PERDUE). The Senator from Rhode Is- to protect the American election sys- proach. Frankly, I have been in favor land. tem. of providing a little more yet this year, Mr. WHITEHOUSE. Mr. President, I We are in a much different place than but that appears to be part of a bill ask unanimous consent to speak as in we were 4 years ago. Election authori- that we just can’t seem to agree to morning business for up to 20 minutes. ties—State and, in many cases, local— even though somewhere between the The PRESIDING OFFICER. Without know the name of the person at Home- targeted Senate bill and the Problem objection, it is so ordered. land Security with whom they have Solvers’ bipartisan bill in the House f had now a 4-year relationship or a 2- that was released a week or so ago, year relationship or a 1-year relation- there is clearly a settlement there that CLIMATE CHANGE ship, and when they get a call the day would likely include a little more elec- Mr. WHITEHOUSE. Mr. President, before the election, they are going to tion security assistance. But we are this is a ‘‘Time to Wake Up’’ good know that is a call from somebody who getting pretty late to add much to the news-bad news speech. not only is there to help them that day system; we need to now be sure that The good news from last week is on but has been there to help them up what is in the system really works. We business community support for carbon until now. don’t need a Federal takeover. pricing. What is carbon pricing? Well, The Rules Committee has held four Many of you heard me say before remember that IMF—the International hearings since the 2018 election—one on that late in 2016, President Obama said: Monetary Fund—pegs the fossil fuel election security, one on how we are ‘‘There is no serious person out there subsidy in the United States at more preparing for the 2020 election, one on who would suggest somehow that you than $600 billion per year, so the en- oversight of the U.S. Election Assist- could even rig America’s elections, in ergy market is dramatically tilted to ance Commission, and in addition to part because they’re so decentralized in favor fossil fuels. Carbon pricing helps

VerDate Sep 11 2014 04:13 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G23SE6.027 S23SEPT1 ctelli on DSK30NT082PROD with SENATE September 23, 2020 CONGRESSIONAL RECORD — SENATE S5811 set that right, helps make an even to work on ObamaCare and there was U.S. Chamber of Commerce, which re- playing field. It is economics 101. And an idea that the companies that sold lentlessly opposes all serious climate carbon pricing makes a lot of sense. sugary beverages that created health action and, specifically, a carbon price. What happened last week? The Busi- issues should help pay the cost of the Look at them all. Look at them all. ness Roundtable, made up of all of health issues that their sweetened bev- I don’t know if the camera can pan in these giant American corporations and erages created. So off to battle went on that, but these are some of Amer- more—these are the top 50 that I could the American Beverage Association ica’s biggest corporations. I would bet fit on this chart, but there are 200 of with millions and millions of dollars in you that, if this group said, ‘‘Hey, we them—came out in support of carbon spending. have just made a new decision over in pricing. Their report warned that the This, by the way, is just the number the Business Roundtable, wearing our consequences of climate change for of lobbyists. This is their spending. So Business Roundtable hat,’’ and went to global prosperity and socioeconomic if they cared about climate change and the Chamber and said, ‘‘We are not well-being are significant. The world wanted to put a little bit of lobby pres- going to do your opposition any longer; simply cannot afford the costs of inac- sure on, this is what they are capable we are not going to support your oppo- tion. of doing. This is what they are doing. sition to climate action; we are actu- The Business Roundtable’s report Here is a pitch, in my hands right ally serious about being for climate ac- went on to urge companies to ‘‘align here, entitled ‘‘TechNet: Remaining tion and a carbon price’’—if all of those policy goals and [greenhouse gas] emis- Legislative Priorities for 2020.’’ This is companies actually said that to the sions reduction targets with scientific 13 pages of advocacy for all the things U.S. Chamber of Commerce and threat- evidence.’’ Listen to the scientists. We the tech sector wants from Congress ened to quit if they didn’t clean up could do more of that. through their trade association, their act at the U.S. Chamber of Com- The BRT said that a key component TechNet—13 pages. The list goes on and merce, that would make a very big dif- of science-based climate policy should on. ‘‘Top priorities,’’ and then page ference. be a price on carbon. Here is what they after page, in small print, of all the pri- And around here that would make a said: orities, of all the things that they want very big difference because the Cham- A price on carbon would provide an effec- Congress to do for them—and there is ber is the biggest kahuna of lobbying. tive incentive to reduce [greenhouse gas] not a single mention of climate It is electioneering all the time, usu- emissions and mitigate climate change, including through the development and deploy- change, not a single mention of carbon ally against Democrats, almost inevi- ment of breakthrough technologies. . . . Es- price. tably for the worst candidate on cli- tablishing a clear price signal is the most What do you think Congress will re- mate, and they are over in courts and important— spond to—general noise made to the in regulatory agencies opposing cli- The most important— world or your specific asks to Con- mate action all the time. So why sup- consideration for encouraging innovation, gress? port that if what you really support is driving efficiency, and ensuring sustained Here is the list of companies whose doing something on climate, including environmental and economic effectiveness. CEOs signed that Business Roundtable a carbon price? So this is big news—these are big report and came out for action on cli- So the National Association of Manu- companies—and this is good news. mate and a carbon price and who are facturers was the other group in a tie These companies at the Business also in TechNet, which, the week be- with the Chamber for America’s worst Roundtable employ more than 15 mil- fore, came here with 13 pages of legisla- climate obstructer. These are all the lion people. They have more than $7.5 tive priorities that didn’t include ei- companies whose CEOs signed the Busi- trillion in revenues. Their unified voice ther climate change or carbon price. ness Roundtable statement supporting is a good thing and a big deal. You have to line things up, you guys. climate action and supporting carbon With all of that good news from all of These are big players. Look at them: pricing and are members of one of the these big American corporations, what Honeywell, Amazon, Microsoft, Cisco, two worst climate obstructers in Amer- is the bad news? The bad news is that Dell, Visa, GM, Apple, Comcast, Oracle, ica, at the same time. So that creates corporate America often shows one Accenture, Hewlett-Packard, and a little bit of a problem. face to the world and a very different PayPal—all on both sides of the issue Now, I should go back to the Cham- face to Congress, and the face they within the same week here in Congress. ber one just briefly and put a caveat in show to Congress is not at all aligned So those are the trade associations here. We don’t know who all the Cham- with this policy they just announced to that do nothing on this issue. ber members are. It is a very secretive the world. This discrepancy, this mis- It gets worse because there are trade organization. Many of its members realignment, is a persistent problem, and associations that are our worst en- port that they are members of the or- it needs to be fixed. emies on climate action. In fact, ganization, and that is how we can as- The problem has three dimensions. InfluenceMap has done some research semble a list like this. But if the com- One, even these companies don’t pay and tracked which groups and which pany doesn’t report that they are mem- much attention to climate change in corporations are the most climate bers, we don’t know. their lobbying and election activities. friendly and which are the most cli- So this is not necessarily complete, For most, it is zero attention. mate hostile. If you look all the way but this is all that we can know out of By the way, that silence is deafening over, right next to Marathon Petro- this secretive, very oppositional, worst around here, and that silence by these leum in hostility is the U.S. Chamber climate obstructer organization—the companies is compounded by the trade of Commerce. There was actually a tie. Chamber of Commerce. associations through which they con- The U.S. Chamber of Commerce and There are some other odd solidate their lobbying work. Most the National Association of Manufac- discordances among these Business trade associations do nothing on cli- turers were statistically tied as the Roundtable leaders. We go back to mate. two worst climate obstructers in Amer- Business Roundtable membership who Here is Coke and Pepsi’s trade asso- ica. signed on this; that is, companies like ciation. By the way, here are Pepsi and So they are out here, having worked Google, Amazon, AT&T, and Verizon, Coke on the list of companies that hammer and tongs to stop climate leg- which are on the BRT list. There is joined the Business Roundtable pro-cli- islation and prevent a carbon price, Verizon right there. They are donors to mate, pro-carbon-price statement. But and you have the Business Roundtable something called the Competitive En- when they lobby, here is their Amer- statement supporting action on cli- terprise Institute. ican Beverage Association, the trade mate change and supporting a carbon The Competitive Enterprise Institute association. As you can see, they price. is the group that put that flagrant, haven’t been spending much money So here are the companies that are some would say almost nutty, climate lately, and they haven’t been spending members of the Business Roundtable denier Myron Ebell onto the EPA tran- anything on climate. and came out last week for action on sition team. The Competitive Enter- In 2009 and in 2010, they spent a lot of climate change and supported a carbon prise Institute is a dramatic antagonist money. Why? Because we were starting price and that are also members of the to either anything serious on climate

VerDate Sep 11 2014 04:13 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G23SE6.028 S23SEPT1 ctelli on DSK30NT082PROD with SENATE S5812 CONGRESSIONAL RECORD — SENATE September 23, 2020 or a price on carbon. Yet companies son that the U.S. Chamber of Com- wake up to your own political indiffer- that signed this Business Roundtable merce and the National Association of ence and presumably unknowing com- statement support the Competitive En- Manufacturers became the two worst plicity in the political logjam on cli- terprise Institute. climate obstructers in America is be- mate action that the fossil fuel indus- Many people will remember when we cause they were paid to. If you, CEOs try has deliberately created here in came to the floor in groups of Senators on the Business Roundtable, had Congress. to talk about the web of denial and the known that, this might not have hap- With that, I yield the floor. web of front groups that the fossil fuel pened. We might not have been here by The PRESIDING OFFICER. The Sen- industry set up to hide their hands and now. ator from Maryland. do their dirty work and stop climate It is very likely that the Chamber Mr. CARDIN. Mr. President, I want action in Congress. That is the Com- and the NAM leaders snuck up on you, to thank Senator WHITEHOUSE for his petitive Enterprise Institute right taking floods of fossil fuel money that longstanding leadership in the U.S. there—right there, right smack in the they didn’t tell you about and selling Senate on addressing the concerns of middle of the web of fossil-fuel-funded out their organizations to the fossil climate change. He has been there climate denial, and Google, Amazon, fuel industry, leaving you high and every week, every day, leading us to AT&T, and Verizon were all supporting dry, having to explain why you are sup- take action to prevent the horrors of that group while supporting the Busi- porting the two worst climate climate change. ness Roundtable. obstructers in America. We have made some progress but not Now, none of this would matter much So do your audit, and then give those enough under his leadership. We have if Congress was just a sideshow and it trade associations a deadline to align to do more, as he points out, and what was really up to corporations to do with your policy or you will quit—you he just told our colleagues. But I just their own thing, but that is not the will quit on the deadline if they really want to thank the Senator—as I case. Action in Congress is actually the haven’t. Don’t let them slow-walk you look at the wildfires in the West, I look main event in succeeding on climate. through endless discussion and process at the frequency of the hurricanes, That is why the fossil fuel industry has while they are still loading up on fossil when I look at the receding shorelines worked so hard to set up this web to fuel money and running fossil fuel er- in Maryland, as I look at our efforts on deny climate science and to obstruct rands in your names. Don’t let them do the Chesapeake Bay—and recognize climate action here in Congress. that. that if we don’t do what we need to do, So when these Business Roundtable Finally—finally—recommendation what science tells us we could do on companies come to Congress through five, ask your lawyers. Ask your law- carbon emissions, we are doing this at their other groups and say, ‘‘Don’t yers, particularly if you are on the our own peril. bother on climate’’ or ‘‘Don’t do a car- board of climate obstructer groups: If It is not just America. It is the global bon price,’’ it matters. And it makes it these groups were trafficking in fraud- communities. It is our leadership glob- a little hard to really take action in ulent information, what is the board’s ally. Senator WHITEHOUSE and I trav- Congress based on their statement that responsibility? That is a lawyer ques- eled with other Members of the Senate they support climate action and a car- tion. to the climate meetings, and we made bon price when, through other groups, If they loaded up with fossil fuel progress. We have to get back to it. I they are funding the opposition to the money, how was your due diligence on just want to thank Senator WHITE- position that they claim to support. the board of that organization in de- HOUSE for his leadership. So, to the BRT, thank you for what tecting that warning signal that your CORONAVIRUS you did. I don’t want to under appre- trade association had loaded up with Mr. President, on Sunday, the Wash- ciate that. It is a big deal. It is a good, fossil fuel money and was arguing ington National Cathedral marked the good thing. But now you have to make against your position when it came to 200,000 American lives lost to COVID–19 it real. You have to make it real in Congress, carrying the water for the by tolling the Bourdon Bell 200 times— Congress. No more zero effort from fossil fuel industry? Your lawyers may once for every 1,000 lives lost. Nearly you. No more zero effort from your have some advice about whether you 113,000 people have died since May 15, trade associations. No more support for have met due diligence. when the House of Representatives our biggest climate obstructers from Final point, climate is not really a passed a comprehensive COVID–19 re- you. partisan issue. It wasn’t in 2007 to 2009, lief package known as the Heroes Act. If you want the results of what you when Senator CARDIN and I got here As of September 20, the 7-day moving asked for, you have to align your ac- and the Senate had multiple bipartisan average for new infections was over tions in Congress with your values. climate bills. 41,000. The 7-day moving average for Align what you say in that statement It wasn’t in 2008, when Republican new deaths was almost 800. Put another with what you do through your groups John McCain had climate on his party way, from a fatality standpoint, we here in Congress. That ought not to be platform as the Republican nominee. It have the equivalent of the 9/11 terrorist much to ask—to align what you do in all started with Citizens United in 2010, attack every 4 days. The United States, Congress with what you say you want when the fossil fuel industry was al- which has 4.3 percent of the world’s to do to the outside world. lowed to trade up its political weap- population, accounts for 21.1 percent of I have a few suggestions, if you are onry from muskets, corporate PACs, to the COVID–19 deaths worldwide. interested. One, think about commis- tactical nukes, unlimited spending, se- When President Trump delivered his sioning a lobbying and electioneering cret super PACs, phony front groups— Inaugural Address in January 2017, he audit of your own company. If you are the whole apparatus of climate ob- stated: the CEO, commission an audit of your struction. This American carnage stops right here own company’s lobbying and election- Today, as a result of that, the Repub- and stops right now. We are one nation. . . . eering so you actually know what your lican Party has been so captured that We share one heart, one home, and one glo- company is doing on climate. on climate it is little more than the po- rious destiny. . . . So to all Americans in I suspect a lot of the CEOs signed litical wing of the fossil fuel industry. every city near and far, small and large, this in good faith. They don’t know. So It doesn’t have to be that way. from mountain to mountain, from ocean to commission an audit. Learn what your To these big companies who signed ocean, hear these words—you will never be company is really doing on climate. this wonderful pledge: Fix your poli- ignored again. Do an audit of your trade associa- tics, push back on the fossil fuel ob- Fast forward to last week when tions. If you are a member of a trade struction, clean up your obstructor President Trump—referring to the association, get in there and see what trade associations, wake up your sleep- total U.S. fatalities—said: they are up to. I bet that you will find ers, and make climate a real priority in If you take the blue states out, we’re at a that what I say is true. Congress, and you will see what looks level that I don’t think anybody in the world Three, demand that your trade asso- like magic begin to happen. would be at. We’re really at a very low level. ciations declare where they get their For you all, it is less time to wake up Of course, talking about COVID in- money. It seems obvious that the rea- to climate change than it is time to fection.

VerDate Sep 11 2014 04:13 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G23SE6.030 S23SEPT1 ctelli on DSK30NT082PROD with SENATE September 23, 2020 CONGRESSIONAL RECORD — SENATE S5813 President Trump has said many ap- Medicaid for access to affordable I have authored two bills focused on palling things. Dividing America dur- healthcare amid the pandemic. In my addressing health disparities: One, the ing a pandemic into so-called blue and State, more than 45,000 Marylanders REACH Act, with Senator SCOTT of red States and devaluing the lives of are newly enrolled in Medicaid. At the South Carolina; and, two, the COVID– Americans from blue States may be same time, State revenues are plum- 19 Health Disparities Action Act with one of the most appalling things so far. meting, leaving States facing budget Senator MENENDEZ. Both bills create As former Secretary of Homeland Se- deficits that could amount to $555 bil- targeted grant programs that would curity and Republican Governor of lion through 2022. help community-based organizations Pennsylvania, Tom Ridge, remarked, If unaddressed, these budget short- and local health departments provide ‘‘It’s so unworthy of a president. It’s falls will lead States to making dra- culturally appropriate outreach, edu- beyond despicable. It’s soulless. It’s al- matic cuts to Medicaid, just as they cation, and health services to Black, most unspeakable in the middle of the did during the past economic down- Latino, indigenous, and our commu- pandemic to try to divide the country turns, at a time when those newly and nities of color. Both bills are important on a political basis when COVID–19 is previously enrolled need healthcare the steps to rectifying the ills of systemic really bipartisan.’’ most. The National Governors Associa- racism from going forward. Not only was President Trump’s tion has called on Congress to further Communities of color have long- statement appalling, beyond des- raise the FMAP and maintain access to standing and tragically appropriate picable, and soulless, it belies the fact essential Medicaid benefits. mistrust with the medical community, that COVID–19 does not care about Another important policy that will for good reason, sadly. Our government State boundaries or any other bound- increase access to healthcare services deliberately misled Black patients and aries. The States that President Trump during the COVID–19 pandemic is per- research participants during the lost in the 2016 election currently ac- manently extending telehealth permis- Tuskegee Syphilis Study. Today, phy- count for about 12,000 more COVID sions and privileges implemented under sicians still undertreat or under- deaths than the States that he won. the CARES Act. Specifically, Congress diagnose pain in patients of color. The But the 11 States with the highest should permanently remove regulatory REACH Act and the COVID–19 Health number of COVID–19 cases per million barriers so that patients in rural, un- Disparities Action Act should be in- residents are all States that he won, derserved, and urban areas can use cluded in the next COVID–19 supple- and 14 of the 19 States with caseloads telehealth to see their primary care mental to help promote trust within above the national average are States providers, mental health counselors, the communities of color for future and chronic disease management that he won. So the grim gap is clos- COVID–19 responses, as we look beyond teams. Reimbursement for these serving, but it really should not matter be- the pandemic. cause we are the United States of ices should adequately reflect the care Since the start of the COVID–19 pan- America. I wish President Trump could delivered and allow patients to use demic, our State and local govern- understand that. their homes to receive these services. ments have faced significant financial Speaker PELOSI has stated that she Telehealth increases access to care in challenges to meet declining revenues, intends to keep the House in session areas with workforce shortages and for as well as emergency costs related to until Congress passes another com- individuals who live far away from COVID–19. It is well beyond time we prehensive COVID–19 relief package. healthcare facilities, have limited mo- listen to those on the ground dealing And I agree with the Speaker. bility or transportation, or have other with the COVID–19 pandemic and pro- The Senate may adjourn as soon as it barriers to accessing care. passes the fiscal year 2020 continuing This is a bipartisan proposal to ex- vide them the resources they need. What does this mean for commu- resolution to keep the Federal Govern- pand telehealth. It makes abundant nities back home? For our municipali- ment open. I fear this would be a grave sense. We have done it. Now let’s make ties, it is funding for first responders mistake and an abdication of our duty. it permanent. That helps rural Amer- The Senate should take up the Heroes ica; that helps people who have a hard and community services. For our coun- Act. The so-called skinny amendments time with transportation to get to ties, it is funding for schools. For our States, it is funding for public health. Senators JOHNSON and MCCONNELL where they need to be; it is more effi- The revenue losses our State, county, brought to the floor over the past few cient; and it is safer. Let’s make sure and local governments face are dra- weeks were so woefully inadequate that is done before we leave. they failed the fundamental test of At a time when many are unable to matic, and they threaten to cause deep, serving as the beginning block for a bi- visit their health provider in person, lasting cuts to public safety, edu- partisan compromise. Even President we must depend on telehealth to de- cation, public health, and other critical Trump indicated the Senate Repub- liver high-quality healthcare to mil- essential services that will adversely licans need to do more. lions of Americans around the country. affect far beyond the public health bat- I would like to take the next few We have seen how COVID–19 has dis- tle against COVID–19. minutes to outline some of the things proportionately affected communities Our Governors have issued a bipar- we need do to respond appropriately to of color, highlighting how the United tisan plea. Governor Cuomo of New the twin health and economic crises States fails to extend critical re- York, a Democrat, and Governor Hogan our Nation faces. sources, support, and healthcare access of Maryland, a Republican, who are the Remember when President Trump to these communities. According to the chair and previous chair of the Na- promised that the novel coronavirus data from the CDC, communities of tional Governors Association, respec- would magically disappear as the color experience higher rates of hos- tively, joined with all of our Nation’s weather got warmer? Well, that did not pitalization and death from COVID–19 Governors—all—in April to say they happen, and now summer has turned to than White people do. Black Ameri- need help from the Federal Govern- autumn; the weather is starting to get cans, Native Americans, Alaskan Na- ment. cold again; and the flu season is ap- tives are five times more likely to be They need help to maintain critical proaching. hospitalized than White people are. missions of public safety, public The next COVID–19 supplemental African-American Marylanders ac- health, and public education with at package should include provisions that count for 30 percent of our State’s pop- least $500 billion for our States and ad- increase the Federal Matching Assist- ulation but 41 percent of its COVID fa- ditional funding for local governments ance Payment, FMAP, and maintain talities. Marylanders of Latin Amer- beyond what we already provided under Medicaid payments and permanently ican descent account for 17 percent of the CARES Act. expand telehealth flexibilities that the State’s population but 21 percent of The Heroes Act, which has passed the have increased healthcare access to pa- its cases. House, provides $875 billion for our tients around the country and address This is why the next supplemental State and local governments. Of that health disparities that COVID–19 pan- package must focus on and contain amount, $500 billion goes to meet the demic has worsened. policies that address health disparities State’s needs, and $375 billion goes to The Urban Institute estimates 12 mil- that have been worsened by the meet local government needs, with lion additional Americans will turn to COVID–19 pandemic. one-half to the counties and one-half to

VerDate Sep 11 2014 04:13 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G23SE6.032 S23SEPT1 ctelli on DSK30NT082PROD with SENATE S5814 CONGRESSIONAL RECORD — SENATE September 23, 2020 municipalities. This funding goes di- States to support their public institu- lesson is that there is no one-size-fits- rectly to counties and local govern- tions of education. In Maryland, this all solution to rescue the economy dur- ments of all sizes to support their ur- would provide nearly $900 million for ing a crisis. To help the most employ- gent needs. The funding is meant to ad- our local school districts for meeting ers we can, Congress must preserve the dress urgent COVID–19 response activi- the needs of growing numbers of low- multiple support tools in the toolkit. ties, and State and local governments income students and our children with There is already bipartisan consensus may also use it to replace lost revenue special needs; retaining educators vital that we must provide small businesses to avoid making draconian cuts to es- to the education of our children; and with a second Paycheck Protection sential services. ensuring that schools have resources to Program loan. More than 3 months That would go a long way to meeting improve the virtual learning environ- ago, Senators COONS, SHAHEEN, and I the needs of our local first responders, ment that frustrated so many students, introduced legislation to create the our police, our firefighters, our sanita- parents, and educators last spring. Prioritized Paycheck Protection Pro- tion workers, and our educators. This funding would rightly support gram, which would provide vulnerable The Senate Republicans’ HEALS Act, the decisions of local school and public small businesses experiencing signifi- in its most recent iteration, provides health officials on how schools may re- cant losses due to COVID–19 with a sec- no new funding to help State and local open in the fall, whether virtual or in- ond capital infusion. Our proposal— governments; rather, they merely ex- person or hybrid. It does not attempt P4—would allow small businesses that tend the deadline for use using CARES to coerce school districts into reopen- have 100 or fewer employees to receive moneys. That is not adequate. We must ing their classroom doors in an unsafe a second PPP loan if they can dem- do more. manner as the only way to receive onstrate a loss of revenue of 50 percent This is too little, too late. Our State critically necessary Federal funds. or more due to the pandemic. The bill and local communities in Maryland The Federal Government should pro- would also reserve $25 billion for small have already allocated funding for provide local leaders with adequate re- businesses with 10 or fewer employees grams that support renters, small busi- sources to support well-informed and and extend the deadline to apply for an nesses, and support frontline workers reasoned public health decisions rather initial PPP loan through the end of who face increased risk of exposure to than dangerously mandating school re- this year. COVID–19. Those dollars are spoken openings. In addition, the Federal Gov- There is also bipartisan agreement for. ernment needs to take the leadership on the need to improve the Economic I urge my colleagues to recognize the in eliminating the digital divide. Ac- Injury Disaster Loan Program, EIDL. I lasting harm the failure to support our cess to reliable internet service should support Senator ROSEN’s and Senator State and local governments will cause be available to every household in WARREN’s efforts to shore up the EIDL and support the NGA’s bipartisan re- America. Program so that more small businesses quest to provide additional funding to The best action Congress can take to have access to the long-term, low-in- State and local governments. help small businesses is to provide terest rate loans the program makes If we learned anything when the State and local governments, health available. With their maximum loan school year ended so abruptly this past providers, and first responders with the amount of $2 million and repayment spring, it is a greater appreciation for resources they need to protect our terms as long as 30 years, EIDLs pro- our educators and the work they pro- communities from COVID–19, as I men- vide small businesses with flexibility, vide for our students in the classroom. tioned a moment ago. I am proud to be capital that they can use to retool It is so difficult to duplicate the inter- the ranking Democrat on the Small their businesses to respond to COVID– action between educators and students, Business and Entrepreneurship Com- 19. yet our colleagues across the aisle ap- mittee. I have worked very closely There is also bipartisan agreement pear to be unwilling to provide our with Senator RUBIO on proposals. First, on the need to expand the employee re- local school systems with the resources we have to get this COVID–19 under tention tax credit, which is a provision they need to allow school systems to control. Only after it is safe for small from legislation I introduced with Sen- educate students safely this fall. businesses to resume full operations ator WYDEN that was included in the Our local school leaders are making and safe for parents to send their chil- CARES Act. The House acted on this incredibly difficult decisions while fac- dren to school will our economy truly bipartisan agreement. The Heroes Act ing political pressures from the Trump begin to recover. makes substantial enhancements to administration to ignore public health Getting the virus under control is es- this program so that it could benefit recommendations from Federal, State, pecially important for small businesses close to 60 million workers and over 6 and local officials; legitimate concerns in the food services, hospitality, live million businesses. from educators on the safety of return- events, travel and tourism sectors. If the Senate fails to act now—before ing to the classroom; and questions Businesses in those sectors are espe- adjourning—to support small busi- from parents who need answers on how cially reliant on large gatherings in nesses by getting this pandemic under to continue their child’s education order to make a profit. control and providing capital to our while meeting their own work respon- Restaurants, for example, have been small businesses, our communities will sibilities. able to make up for lost indoor dining pay a heavy price for that inaction, as With dwindling State and local gov- capacity by increasing their outdoor many more small businesses will close ernment revenues because of COVID–19, dining capacity, which will become in- their doors, and I am afraid they will the school leaders have already started creasingly difficult in many parts of do it permanently. to face budget crunches even as the country as the weather gets colder Studies have shown that maintaining schools’ financial needs have increased and more inclement. the employer-employee relationship is things like cleaning supplies now nec- Similarly, communities that rely on key to a swift, robust recovery. With essary to meet CDC public health guid- tourism revenues generated during the tens of millions of Americans relying ance, educational technology, and winter months, such as Deep Creek on unemployment benefits and perma- trainings for educators to meet the Lake in my home State of Maryland, nent job losses on the rise, it is critical new demands of online education. are likely to experience decreased that we do all we can to keep workers Without additional Federal re- cashflow this year due to the pan- connected to their jobs and prevent sources, we fail to provide our local demic. Employers on the Eastern Shore further layoffs. I am disappointed that, school leaders with the tools necessary missed their prime summer months. despite bipartisan agreement on sev- to strike the balance between main- Congress cannot leave small businesses eral of the measures needed to support taining the highest quality level of and the communities that rely on them American small businesses struggling education for our children while pro- out in the cold. to survive COVID–19, the response to tecting student and educator health. In addition to getting the pandemic the pandemic has turned into a par- The Heroes Act provides $100 billion under control, Congress must build on tisan fight. for a State-level Fiscal Stabilization the lessons learned during past eco- For the sake of our communities and Fund for education, with $90 billion for nomic downturns. The most important small businesses, I urge my Republican

VerDate Sep 11 2014 04:13 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G23SE6.033 S23SEPT1 ctelli on DSK30NT082PROD with SENATE September 23, 2020 CONGRESSIONAL RECORD — SENATE S5815 colleagues and President Trump to ac- first looked at it in January this year, We have continued to ask how we can cept Speaker PELOSI and Senator SCHU- September already existed on the cal- address the issue of small businesses MER’s offer to meet Democrats in the endar. here. How can we extend the Paycheck middle so we can pass a bipartisan bill It is not as if we didn’t know what all Protection Program and give a second that helps our communities get COVID the deadlines were. Everyone knew full round to the hardest hit businesses? We under control and begin the recovery well what all the deadlines were. don’t think it is that unreasonable. As process. We can say it is the pandemic that we are nearing the end, we need to help The Heroes Act also extends the slowed everything down, except for the them bridge the gap at this point, but weekly $600 emergency Federal unem- fact that all of the appropriations work for whatever reason, it is not included ployment payment. This special ben- could have already been done, and either as we work our way through this efit lapsed in July. President Trump’s much of the committee work could process. program to provide $300 a week in have been done. Some was done by the Now, I don’t know what will happen emergency benefits through FEMA is a House but not completed. It can be in the next few hours as we deal with weak half measure, and Congress must done by the Senate, but it was not. the continuing resolution that will do more. These extra 6 weeks will ex- So here we are again, watching the come from the House, but there is no pire very shortly, and it comes out of countdown clock toward a government reason we should be talking about a the FEMA funds, which are desperately shutdown as we discuss what happens government shutdown again. needed as we know how many emer- next. A year ago, I and Senator HASSAN, Things have been tied up this week gencies are occurring throughout our the Democratic Senator from New with what is called a continuing reso- country with the wildfires and the hur- Hampshire, sat down to talk through lution. This body knows—others may ricanes. how we could end government shut- The full benefits the Heroes Act pro- not—that a continuing resolution is downs forever so that government literally taking last year’s appropria- vides would strengthen the critical workers across the DC region and tions bills, changing the dates, and safety net for the record number of across the country would not be living moving them over to the new one. This Americans who are unemployed as in fear of being furloughed and so that particular continuing resolution America faces its most serious eco- Americans who would want to be able stretches until December 11, when we nomic challenge since the Great De- to connect with different agencies would have to pick it up and pass more pression. would be able to do that at all times, appropriations for another continuing By way of example in Maryland, we but we would still be able to have the resolution at that time. are seeing first-time claims for unem- The fight this week has been over arguments that are needed to be able ployment benefits at a rate of about whether we are going to support rural to resolve budget issues. 13,000 a week, peaking in early May, America and agriculture. The House It may be surprising to some people with nearly 110,000 new weekly claims originally drafted a continuing resolu- across the country that Republicans filed. We have seen the total number of tion that left out all of the agriculture and Democrats don’t agree on every- filings since March exceed 1.5 million. projects that were in it. The Senate, thing in the budget. Shocking, I know. These are numbers that cry out for us obviously, threw a fit over that and We should be able to have that fight, to extend the unemployment benefits. asked: Why are we supporting every- though, on the budget, but it should We really need to do that, and we need thing, including benefits to Sri Lanka not lead to a government shutdown in to do that before we leave. to get added to the House’s proposal for the process. Government shutdowns These are some, but not all, of the the continuing resolution, but you cost us money every time it happens. issues we must address immediately won’t do so for America’s farmers? So my and Senator HASSAN’s simple and for a sustained period. Former So, in the back-and-forth conversa- resolution resolves the issue by just President Harry Truman had a sign on tion this week, the House had to ex- asking one question: Who needs pres- his desk in the Oval Office that said: tend. Then it went another day. Then sure applied to them to deal with the ‘‘The buck stops here.’’ ‘‘Passing the the House finally put the agriculture issue, and what is the pressure that buck’’ means something entirely dif- projects back in—and still left in, by needs to be applied? ferent to President Trump. On March the way, benefit for Sri Lanka. Our straightforward answer is this: 13, 2020, as we began to grasp the mag- Our ongoing conversations continue, Members of Congress and our staffs and nitude and impacts of the coronavirus, though, about airlines. On October 1, the Office of Management and Budget President Trump said: ‘‘I don’t take re- airlines across the country are going to and the White House should have the sponsibility at all.’’ That may be the lay off 100,000 people—100,000. We have pressure applied to us to get it done. most honest and accurate thing he has asked for some engagement on the The easiest way to apply pressure to said since he has become President. We issue of these airlines. In the CARES all of us is to take away our time. It is have ample evidence to take him seri- Act, back in March, we gave an exten- pretty straightforward. ously. Therefore, it is up to Congress to sion to those airline workers so that Here is our proposal: If you get to the provide the leadership and relief Amer- the airline workers and the airlines end of the budget year and the appro- icans desperately need. could still stay connected to each other priations work is not done, we will The House has done its part in pass- even when we were in this downtime. have mandatory quorum calls in this ing the Heroes Act. It is now time for We are getting very close to a vaccine. body at 12 noon every single day, 7 days the Senate to act. It is like we can see the light on the a week, until we get all of the appro- I suggest the absence of a quorum. other end of the tunnel, but it is not a priations work done. None of us could The PRESIDING OFFICER. The train this time; it is actually light. We travel. We would all stay here in DC. clerk will call the roll. are going to get through this pan- I will tell you that I really want to The senior assistant legislative clerk demic, but for whatever reason, the see my family on the weekends. I also proceeded to call the roll. House refuses to deal with the issue of have people back in my State with Mr. LANKFORD. Mr. President, I ask how to help airline workers at all, not whom I have appointments whom I unanimous consent that the order for even to do half of what was done in the need to be able to see, and I have re- the quorum call be rescinded. past, not even to do a portion of what sponsibilities there. I want to get back The PRESIDING OFFICER. Without was done in the CARES Act. It has to my State of Oklahoma and be with objection, it is so ordered. been exceptionally frustrating. those folks. GOVERNMENT FUNDING It has been the same issue with the I am sure all of you would love to get Mr. LANKFORD. Mr. President, here House in its not wanting to do any- back to Oklahoma, but you would prob- we are again. It is late September, and thing on the Paycheck Protection Pro- ably head back to your States instead. the budget work has not been com- gram. For the smallest businesses in We want to be home. We want to be pleted yet. It seems terribly familiar to America and for nonprofits, the House able to meet with our constituents. We this body, and it is frustrating. It is has put out a multitrillion-dollar pro- want to take care of the practical not as if no one knew September was posal, and it doesn’t even include any- needs that are there. The way to do coming; it was on the calendar. When I thing for small businesses. that is to get our work done here.

VerDate Sep 11 2014 04:13 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G23SE6.035 S23SEPT1 ctelli on DSK30NT082PROD with SENATE S5816 CONGRESSIONAL RECORD — SENATE September 23, 2020 I have had folks say: Well, just take REMEMBERING JUSTICE RUTH BADER GINSBURG until the age of 26, to stay on their par- away everyone’s money. Say, ‘‘No Ms. ROSEN. Mr. President, I stand ents’ insurance. budget, no pay.’’ It makes a great here to honor the life and legacy of Su- This next Justice will decide if we see bumper sticker. The problem is, as preme Court Justice Ruth Bader Gins- an end to expanded Medicaid benefits, many people in this body know, there burg. which have helped over 200,000 Nevad- are a lot of folks in this body who are In everything Justice Ginsburg did— ans get coverage. multimillionaires, and if they were from her pivotal role in the fight for This next Justice is going to decide honest, they would say their congres- gender equality, to her storied legal ca- who has healthcare during an unprece- sional salaries are rounding errors to reer, to her serving on the DC Court of dented and deadly pandemic that has their investments every month. Appeals and, ultimately, as a member already, tragically, taken the lives of Good for you, but it is not a pressure of the U.S. Supreme Court—throughout over 200,000 Americans. point. Taking away your congressional her life’s journey, she used every ounce This next Justice will also decide if salary is not an emphasis to actually of her ability to give voice to the the nearly 7 million Americans who get the work done. voiceless and build a more just and eq- have already tested positive for COVID Taking away time is a way to be able uitable world. can be denied healthcare coverage be- Justice Ginsburg was a lion on the to press people to actually get their cause they contracted a disease that bench. She ruled on monumental and work done. this administration initially ignored historic cases, and the decisions she and has been unable or unwilling to Senator HASSAN and I have worked it made—and even the dissents she through the committee process; have combat with a national plan. wrote—have shaped this country and So much hangs in the balance for the passed it through the Homeland Secu- set us on a better path. rity Committee; and have set it up. It American people. Millions could lose This remarkable woman inspired healthcare because of this Supreme has already been rule XIV’d, and it is countless Americans to fight for the on our Calendar now. At any moment, Court pick. We could go back to a best of us even when it was hard, even world in which people with preexisting we in this body could determine to end when it was inconvenient. I know I conditions could not afford to pay for government shutdowns. We will never wouldn’t be here without Ruth Bader lifesaving medicine or treatment. have one again. If we get to the end of Ginsburg’s leading the way. We have a Using the courts to take away the the fiscal year, a continuing resolution responsibility to honor her legacy, her American people’s healthcare, espe- will kick in automatically, and we will work, and the ethos of Justice Gins- cially at this moment in our Nation’s all stay until we finish the negotia- burg. Part of her legacy was her deci- history, is not only cruel—it is dan- tions for the appropriations work. sion to uphold the constitutionality of gerous. However heated, however long that the Affordable Care Act, and we have Amid a global pandemic and the may take, we will stay and finish it seen too many attempts to dismantle worst economy in generations, our top until it is done. this key cornerstone of her legacy. It is the right thing for us to do, and In my time as Senator, I have met priority right now should be the needs it is the right way to handle it. It is countless Nevadans, and I have had the of the American people—the relief and not pressure on the Federal workers. chance to speak with Americans from care that matches the urgency of this The Federal workers don’t have the all across the country. I can say with crisis. We cannot afford to play polit- ability to make the decision here. certainty that there is no issue that ical games or to threaten the American Some people say: Well, those folks in matters more to the American people people’s health coverage when they DC can just tough it out anyway. than their health, especially now. need it the most. The American people deserve better. They deserve the sta- Well, it is not just those folks in DC, This administration has worked since bility and security of healthcare cov- though there are a lot of folks in DC day one to take healthcare coverage erage for themselves and their loved who are working very hard for Ameri- and critical protections away from mil- ones. cans all over the country. Just in my lions of Americans. It has failed time I ask that my colleagues truly listen State of Oklahoma, there are 4,300 Fed- and again to dismantle the ACA to the American people, who need us eral employees who work in agri- through legislation, and it has also at- tempted to destroy and dismantle the now more than ever. culture, who work for Housing and I had hoped that my Republican col- Urban Development, who work for the ACA through the courts. In one of my first actions as a Sen- leagues would have honored their own FAA—who work for all kinds of enti- precedent in this process—the McCon- ties that take care of families in Okla- ator, I co-led and helped to introduce a resolution to defend the Affordable nell rule—and ensured that the Amer- homa. They also deserve the privilege ican people would have their say at the of continuing their service to their Care Act’s constitutionality against this administration’s assault. In my ballot box before filling any vacancy. neighbors, just as always, while we are Instead of political gamesmanship, I resolving our differences here. first speech on the Senate floor, I called on the Senate to take it up and ask that my colleagues honor the dig- So my request is the same as it was pass it. I cannot even begin to count nity of our democratic institutions and last year: Why are we talking about the number of Nevadans who have the health of the American people. the possibility of there being a govern- shared how they would be affected by In 2015, when asked how she would ment shutdown again when we could the ACA’s demise. Everything is at like to be remembered, Justice Gins- take that off the table forever with a stake if these individuals and these burg responded: ‘‘As someone who . . . straightforward, bipartisan proposal families are denied access to care. [helped] repair tears in her society, to that says we will never again have a Justice Ginsburg’s replacement will make things a little better through the government shutdown? help to decide whether individuals with use of whatever ability she has.’’ We will work out our differences be- preexisting conditions can be denied That is how she wanted to be remem- cause we do have differences, but we coverage and, thus, be left behind. Let bered. will not hold Federal workers hostage me be clear: What this potentially We, too, have the ability to repair in the process. We will just stay and means is that any of us with a pre- tears in our democracy, and we, too, work out our differences. existing condition could no longer ob- have the ability to make sure things I look forward to seeing the vote on tain health insurance. are better for all Americans by ensur- the continuing resolution and avoiding This next Justice will decide if we see ing that their health remains pro- a shutdown again, but I look much an end to the tax credits that make tected. more forward to never having shut- healthcare coverage affordable for mid- I urge my colleagues to follow Jus- downs again when Senator HASSAN’s dle-income families. tice Ruth Bader Ginsburg’s example and my bill is finally voted on and This next Justice will decide if we see and honor her life and her life’s work. passed. an end to preventive care without I yield the floor. I yield the floor. copays. I suggest the absence of a quorum. The PRESIDING OFFICER (Mr. COT- This next Justice will decide if we see The PRESIDING OFFICER. The TON). The Senator from Nevada. an end to the ability of young adults, clerk will call the roll.

VerDate Sep 11 2014 04:13 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G23SE6.036 S23SEPT1 ctelli on DSK30NT082PROD with SENATE September 23, 2020 CONGRESSIONAL RECORD — SENATE S5817 The legislative clerk proceeded to tough because that is what he does for So it is fair that Congress wanted to call the roll. a living. take another look at that original un- Mr. PORTMAN. Mr. President, I ask So his question to me was this: You employment insurance supplement, unanimous consent that the order for know, look, I really appreciate the 300 which was set to expire at the begin- the quorum call be rescinded. bucks. I need it to get by. And I got my ning of August, and it did expire, and The PRESIDING OFFICER. Without rent, I got my car payment, and what we wanted to look at it to see what the objection, it is so ordered. are you guys going to do about that? new supplement ought to be given the CORONAVIRUS Well, the truth is, nothing at this changing economy and given some of Mr. PORTMAN. Mr. President, I am point, and that is too bad because that the improvements that we saw and also on the floor today to talk about what $300 supplement has now ended. In ef- given the need for more workers as the Senate and the House ought to be fect, what the President did to con- more businesses were reopening. doing before we leave town for the elec- tinue some help at the Federal level Now, $600 per week was a relatively tion, and that is helping people who are had limits because he did it under the generous benefit—to the point that the in need because of the impact of the only choice he had, really, which was Congressional Budget Office, the non- coronavirus. the Disaster Relief Fund, and that has partisan group around here that gives I know this is the week when we are now run out. So that is where we are. us advice, said: If you kept that $600 focused on the passing of Justice Ruth Early on in the pandemic, both Re- until next year—which is what the Bader Ginsburg, and that is appro- publicans and Democrats recognized Democrats proposed in their Heroes priate. There is a lot of discussion also the need to bolster the State-run un- Act—8 out of 10 people getting 600 about filling her seat. employment insurance programs to bucks a week would be paid more on We should, of course, all take time to help offset the massive job losses we unemployment insurance than they mourn our Nation’s loss, but we are saw in March and April. The initial would be at their jobs. also in the middle of an unprecedented amount was $600 per week, and it was In other words, you would be making healthcare and economic crisis. I think provided by the CARES Act. It came at more money unemployed than you we have a responsibility to continue a big cost to taxpayers. It also provided would if you were working. That is not working on COVID–19 legislation to re- an income source that made the dif- the way unemployment insurance is spond to those challenges. ference for a lot of folks in the State of supposed to work. That is not good for Since this crisis began, Congress has Ohio and around the country. an economy that is trying to reopen. actually come together repeatedly, as During those early months, you re- I have been all over my State and Republicans and Democrats, House and member the government was actually talked to employers—small, mid, large- Senate, and working with the White shutting down a lot of businesses, and size employers. I have talked to the House, to pass five coronavirus relief workers were losing their jobs through nonprofits. I have talked to people who bills—legislation to address both the no fault of their own, like this indi- are working hard to try to provide care healthcare crisis and the economic free vidual last night—through no fault of to people in the healthcare sector. fall that was caused by the virus and his own not having a job. They all tell me the same thing: That the shutdowns. The biggest of these As the year has gone on, we have $600 is a problem because some people bills was the one you hear about the made progress. We slowed the spread of were not coming back to work because, most—the roughly $2 trillion CARES the coronavirus in most States. We again, for most of those people, they Act that was passed by a vote of 96 to have added more testing and personal could make more on unemployment 0. protective gear. More and more parts than they could working. So we needed Again, these have been bipartisan ef- of our economy have been able to re- to adjust it. Yet Democrats insisted 600 forts up until now. Unfortunately, open in a safe and sustainable manner, or nothing—or nothing—and so we got since May, when the last of these five and that is great. With the reopening, nothing. bills was enacted, partisanship has pre- hiring has picked back up, and we now Some of us had proposed $300. In that vailed over good policy, and Wash- have far fewer people on unemploy- case, some people would be getting ington has been paralyzed, unable to ment insurance than we did at the be- paid more on unemployment, but most come together for the public good. ginning of this pandemic. would not. In fact, most of them would Last week I came to the floor to Unemployment is now about 8.4 per- be getting less than some percentage of highlight how this dynamic has played cent. That was the number for Au- their salaries. But, again, if you lose out with regard to a single issue that gust—down from over 15 percent back your job through no fault of your own, has become strictly important for so in the spring. That is a big change. particularly because of a government many people in my home State of Ohio Over 4 million jobs have been added. At decision to shut down your sector—say and around the country. That is the ex- the same time, 8.4 percent is still a movie theater or a bowling alley or a panded Federal unemployment insur- high—very high. Remember, we were at bar—it seems to me that we ought to ance supplement included in the about 3.5 percent in February of this be helping. CARES Act back in March. year. So the $300 that we proposed was to I had a tele-townhall last night. I am By the way, February was the 19th go until toward the end of the year, but trying to do a tele-townhall or a straight month of wage increases of Democrats said no—kind of a ‘‘my way Facebook Live townhall every week over 3 percent. We had record-low un- or the highway’’ approach, like it is during the pandemic, in part just to employment for many sectors of our going to be $600 or we are going to give stay in touch with people because it is economy, and here we are at 8.4 per- these people nothing. We gave people so hard back home now to visit with cent. So we are not out of the woods nothing. To me, that was a big mis- people in person. Again last night, I yet. We still have a way to go. Ohio’s take. had two callers call in, both of whom unemployment number just came out A number of us came to the floor and are taking advantage of the current the day before yesterday. For August, actually said: Let’s continue $600 for a $300-per-week Federal supplement pro- it was 8.9 percent. So 10 percent unem- week so we can negotiate something. vided really by the Trump administra- ployment is something we are now Democrats said: No. We want to end tion, and they talked to me about how under. In fact, we are under 9 percent, it. We don’t even want to have it tem- they are going to plan for the future. which is way, way faster than the pro- porarily at $600 to be able to negotiate These are individuals who don’t have jections. But still, 8.9 percent unem- something between Republicans and a job to go back to. One, by the way, is ployment in Ohio is something that we Democrats. a musician who makes his living play- need to focus on. That is too bad. ing music—the piano and singing and I will say that overall, we are going When Congress failed to act, Presi- so on—at long-term care facilities, in the right direction and that unem- dent Trump and his administration nursing homes, and each one of his pre- ployment claims, I think, are now ei- stepped in, and they said: $300 is about vious clients has said that he is not ther steadily dropping or holding level the right number. We will provide the welcome to come back now, for good in almost every State. That is cer- States a $300 supplement through what reason. But that makes his life pretty tainly true in Ohio. is called the Disaster Relief Fund.

VerDate Sep 11 2014 04:13 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G23SE6.038 S23SEPT1 ctelli on DSK30NT082PROD with SENATE S5818 CONGRESSIONAL RECORD — SENATE September 23, 2020 Now, in the CARES legislation we South with hurricanes. So that funding replenish the Disaster Relief Fund, talked about earlier, which was the $2 left in the Disaster Relief Fund ought first to give FEMA the resources it trillion legislation that passed 96 to 0 to be supplemented for that purpose as needs to fully and effectively respond around here, a lot of money went out well. to the natural disasters that are hit- for various causes—for our hospitals, This is a temporary program meant ting parts of our country hard right for our schools, and for our families to provide a bridge while Congress acts. now and those that are yet to come. through unemployment insurance. But And it would be great if Congress were The money won’t be wasted; it will be it also provided some funding for what to act, but, frankly, I am getting kind spent for appropriate things. is called the Disaster Relief Fund for of discouraged about Congress’s ability Second, it would allow the $300 per COVID–19 purposes. So the President to come together again on a bipartisan week for the Lost Wages Assistance took some of that money for COVID–19 basis, as much as I wish we would. Program to continue through Novem- purposes out of the Disaster Relief I have spoken on the floor about ber 21, giving Congress what I hope Fund and said: We are going to, for 6 what I think I can see as the points of would be more than enough time to weeks, allow the States to use this $300 compromise and the overlap between come up with a broader solution to the supplement if they choose to do so. our two approaches because there is a COVID–19 issue. But at least through They also encouraged the States to lot of it. Every single Republican save the period of time between now and provide their own match. What hap- 1, 52 Members—a majority of the Sen- just before Thanksgiving, people would pened was, every State but two took ate—voted for a proposal a couple be able to know they will continue to the government up on that. So the vast weeks ago that was viewed as a target this $300-per-week supplement to be majority of States said: Yes, we will do geted proposal that did provide help for able to put food on the table, pay the it. COVID–19 for families, for small busi- rent, or pay the car payment or the They didn’t add their match, by the nesses, and for healthcare. mortgage, and we as a Congress will be way, but they did take the 300 bucks, Democrats had their own idea, which able to say to the people we represent: and a lot of people have been helped by is the $3.5 trillion that they wanted. We haven’t forgotten about you. You that because over the past 6 weeks, Ours was about $500 billion. There is lost your jobs through no fault of your that funding has been available. Unfor- something in between there. We could own. We ought to be able to continue tunately, sometimes it got paid as a come together with something that is providing some help through this in- lump sum because by the time the sensible, but it looks like that is un- terim period. This isn’t about political wins and State systems figured out how to ad- likely. So at a minimum, let’s move forward losses; this is about lives and liveli- minister it, you know, we were close to with these unemployment insurance hoods that are at stake. I hope my col- the end of the 6 weeks. But people supplements that we have been doing. leagues will join me in a bipartisan ef- knew that was coming. They knew Let’s give the administration the abil- fort to support this important, com- they had 300 bucks for paying their ity to do it again through the Disaster monsense legislation so we can bolster rent, paying their car payment, paying Relief Fund. This funding shortage our response to the COVID–19 unem- their mortgage, and that was helpful. would be easy for us to put into the ployment crisis and to the natural dis- That was helpful. legislation that is likely to come be- asters that are currently facing our Now we are at a point where Presi- fore this Chamber in the next 24 hours, country. dent Trump’s emergency Lost Wages which is the continuing resolution. I yield back my time. Assistance Program, which is what That is the funding that is going to pay The PRESIDING OFFICER. The Sen- that was called—the Lost Wages As- for government to continue operating. ator from Michigan. sistance Program under the Disaster You know, Congress is supposed to REMEMBERING JUSTICE RUTH BADER GINSBURG Relief Fund—has tapped out. Forty- pass individual appropriations bills. Ms. STABENOW. Mr. President, I four billion dollars was made available There are 12 of them. We didn’t do rise today to pay tribute to one of my to the States, leaving $25 billion in them this year because of the partisan personal heroes, Justice Ruth Bader that Disaster Relief Fund because that gridlock around here, so once again we Ginsburg. She spent her life in service $25 billion was what was projected to are turning to a continuing resolution to the American people, quite literally. be necessary to deal with the natural to provide the funding going forward. Whether the Supreme Court was hear- disasters. The House is acting this week, and ing arguments about civil rights, re- So that is where we are today. Forty- we are going to act this week or early productive rights for women, pro- four billion has been depleted. People next week, as I understand it. It would tecting our environment, our precious who have had unemployment insurance be the perfect place to put more fund- water and air, or standing up for our since this disaster began are not going ing into this Disaster Relief Fund for workers, Justice Ginsburg could be to have it now. It is going to end. For us to be able to provide that $300 ben- counted on to put the needs of the many people, it ended this week; for efit that the administration has been American people first every time. some, next week; for some, the week providing to all States but two and to She may not have looked like much before. also provide for more help for the nat- of a fighter, but this tiny Jewish The point is, we as a Congress need ural disasters that are upon us. grandmother in the lace collar punched to act. My view is, let’s provide some Senator THOM TILLIS and I have pro- far above her weight. The American more funding for the Disaster Relief posed legislation to do just that. We people were so fortunate to have her on Fund, at least. If we can’t come to- have a bill out there that we hope Con- their side of the ring. I feel fortunate gether with a big COVID–19 package gress will be willing to pass, and we are as a woman in America. My daughter that helps the schools, that helps small also interested in adding it as an and my granddaughters, too, have businesses with the Paycheck Protec- amendment to the continuing resolu- known she was there over and over tion Program, which I support extend- tion, to the appropriations bill that is again, fighting for us. ing, that helps with regard to getting on its way through here. That certainly was the case on more money for testing and getting our With Congress deadlocked on how to healthcare. I have said over and over vaccine more quickly and getting the come up with a broader solution for again on the floor of the Senate that therapies up, let’s at least provide the COVID–19, let’s at least do this. Let’s healthcare isn’t political; it is personal administration with some funding in say to the administration: We want for each one of us. It is personal. Jus- the Disaster Relief Fund so they can you to continue this program that is tice Ginsburg understood that in her continue to respond to need. now in place. The States know how it bones. As a person who had experienced Let’s also provide them that funding operates. The States have been imple- her own health challenges and health because they need it for natural disas- menting it. challenges in her family, she knew that ters. What do I mean by that? Well, the My home State of Ohio has provided when a beloved spouse is diagnosed other thing that has happened in the funding to people through this. We are with cancer or a child with a fever last 6 weeks, as you probably noticed, appreciative of it. needs to go to the emergency room, is that we have had a lot of natural dis- Our proposal is very straightforward. politics is the last thing on their asters in the West with fires and in the It simply appropriates $86.6 billion to minds.

VerDate Sep 11 2014 05:30 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G23SE6.040 S23SEPT1 ctelli on DSK30NT082PROD with SENATE September 23, 2020 CONGRESSIONAL RECORD — SENATE S5819 When people tell me their healthcare moms and dads, grandmas and made their voices known and were ac- stories, they don’t start by telling me grandpas, brothers and sisters, children tively engaged in saying what was im- whether they are a Democrat or a Re- and friends. Even though some have portant to them and their families. publican. That is because when it survived COVID–19, they may be left It is easy to throw up our hands and comes to healthcare and the health of with long-term health issues, from give in and let the sadness and feelings our families, it simply doesn’t matter. heart damage to breathing difficulties, of loss for Justice Ginsburg and all of People in Michigan just want to to neurological problems, which, as I the frustrations and chaos and the suf- know that if they or their loved ones said before, creates preexisting condi- fering take over all of us, but RBG get sick or are hurt, they are going to tions. would never let that happen. If she be able to take them to the doctor and This is not the time to be ripping were here right now, she would say: No, get the healthcare they need. Unfortu- healthcare away from American fami- no, no. This is the moment to focus and nately, with the loss of Justice Gins- lies. There is never a good time but engage and to fight even harder. burg, Michigan families and families certainly not now. Yet that is exactly When, as a Harvard Law student, she all across the country have an extra the scenario we could be facing. was asked by the dean why she felt en- reason to be very concerned right now. As Justice Ginsburg said, ‘‘Health titled to take a slot that otherwise One week after the election—just 1 care is not like a vegetable or other would have gone to a man, she didn’t week after the election—the Supreme items one is at liberty to buy or not to let that faze her. When she struggled to Court will hear arguments in the case buy.’’ When a Michigan single mom land a job after graduation, she took to that could overturn the Affordable discovers a lump and finds out that she teaching at Rutgers School of Law and Care Act, overturn everything, all of has breast cancer, she can’t just hope hid her second pregnancy under baggy the protections—including, of course, it will go away. When a Michigan sen- clothes until her contract was renewed. the preexisting conditions coverage— ior with diabetes needs insulin, he She later challenged the New Jersey all of it. By the way, the President of can’t just wait for a big sale and stock law that forced pregnant teachers to the United States, Donald Trump, has up when the price is right. When a quit their jobs. When she was diag- weighed in and is in favor of having child spikes a high fever in the middle nosed with cancer for the first time in that happen. of the night, her parents can’t just tell 1999, she fought back and kept on fight- Everything is at stake, including her: Well, you know, the money is ing for more than 20 years. coverage for 17 million people through tight right now, so you are going to It is time now for all of us to fight, the expansion of Medicaid, where min- have to wait to see a doctor. That is all of us who care about our freedoms imum-wage workers right now in the horror for all of us as parents, that and our very way of life in this coun- States like Michigan that have ex- our child will get sick and we won’t be try. It is time to fight like our beloved panded Medicaid no longer have to pick able to take them to the doctor. RBG, like she did everyday of her life between minimum-wage jobs and not Healthcare isn’t political; it is per- for us. working and having healthcare. It is so sonal. It isn’t about policy; it is about Justice Ginsburg once said this: important. people—people. It is about the people ‘‘Fight for the things that you care Also at stake is the ability for chil- in our States who sent us here to fight about, but do it in a way that will lead dren to remain on their parents’ health on their behalf. others to join you.’’ I am asking the plans until age 26, which has trans- I sincerely hope that by the time the American people right now to join us formed so many families’ opportunities Senate votes on the next Supreme in this fight. This is not a done deal. It and young people’s opportunities, and Court Justice—if, unfortunately, it is not over, and we all as Senators will coverage for preventive services like comes before the people have their say be held accountable for what we do. cancer screening and maternity care. about who should be making that nom- Call your Senators, write emails and Prior to the Affordable Care Act, you ination and confirming that appoint- letters, talk to your friends and neigh- had to get extra coverage for mater- ment—if that is going to be rushed bors, and let them know what is at nity care. It wasn’t viewed as basic. It through, jammed through by this Sen- stake—from healthcare and reproduc- was basic for me when I was having my ate, I hope there will be four U.S. Sen- tive rights for women to protecting our children, and for women across the ators on the other side of the aisle who air and clean water, to the capacity to country, it is pretty basic. It wasn’t will have the courage to stand up for be able to collectively bargain for viewed as basic, essential care. It now the people who need healthcare—and, wages and safety and benefits, to vot- is under the Affordable Care Act. frankly, that is all of us. ing rights and civil rights. We can go Also at risk are mental health care One thing I do know for sure is that on and on. It is all on the line right and treatment for substance use dis- the American people are courageous. now. We need to step up and fight and orders, lower prescription drug prices Time and again, they have called us not assume anything is a done deal. We for seniors, and protections for people and written letters and have even come need to hold our Republican colleagues with preexisting conditions. to DC to make their voices heard. accountable. It is estimated that about half of From the amazing Little Lobbyists to Don’t let them get away with taking Michigan families include someone ALS warrior Ady Barkan, to my friend healthcare away from millions of peo- with a preexisting condition, every- Lauren Kovach, who fights so hard to ple. We did it before when we stopped thing from heart disease to asthma, to find a cure for Alzheimer’s disease and the repeal of the Affordable Care Act. I high blood pressure, to cancer. Nation- other dementias, these folks would think we have to fight now to do the wide, we are talking about 130 million probably rather be spending their time same thing and vote like your life and people. How many more people now, doing something else, but they under- the lives of your family depend on it, after COVID–19, will have a preexisting stand that healthcare isn’t a luxury; it because they actually do. condition? is a necessity. Justice Ginsburg dedicated her life to In other words, what happens in the This should not be political. It is per- making our country more fair, more next few months—what happens in sonal to each and every one of us. free, and more just. Now is the time to terms of filling another Supreme Court Again and again, people across the continue her fight for our future, for vacancy, as well as what happens in country have stepped up. They have our children, and for our grand- the election—could have life-or-death gotten engaged. They have put their children. consequences for Michigan families and passion to work protecting our I yield the floor. families across the country. healthcare. Their voices and the voices The PRESIDING OFFICER. The Sen- In case anyone has forgotten, we are of millions of Americans have made ator from Texas. in the middle of a once-in-a-lifetime the difference in this Chamber to the SUPREME COURT NOMINATIONS pandemic. More than 200,000 Americans majority in this Chamber—saying no Mr. CORNYN. Mr. President, as we have already lost their lives, and unfor- to repealing the Affordable Care Act all know, President Trump will an- tunately that number is going up every and ripping healthcare away from mil- nounce his nominee to fill the seat va- single day. In my own State, nearly lions of Americans. That only hap- cated by the death of Justice Ruth 7,000 people have lost their lives—7,000 pened because people stood up and Bader Ginsburg. The Senate is prepared

VerDate Sep 11 2014 05:30 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G23SE6.042 S23SEPT1 ctelli on DSK30NT082PROD with SENATE S5820 CONGRESSIONAL RECORD — SENATE September 23, 2020 to examine the qualifications of that The Senator from New York, the mi- Within the first 2 years of these nominee and hold a vote here on a nority leader himself, reportedly told changes, we experienced record gains in timely basis. his Members on a call this weekend, employment and increases in house- This, of course, is set in line with the which was reported in social media: hold income for families across the precedent set by Presidents and Sen- ‘‘Nothing is off the table.’’ country, including Hispanic and Afri- ates that were elected long before we Now, mistreatment of conservative can-American households. New census became Members of this body or were nominees to the courts is nothing new, data paints a clear picture of just how even born, and we are prepared to fol- including 2 years ago, when Democrats strong the economy was in 2019. The low suit. There were 29 times when waged an all-out smear campaign median household income reached an there was a vacancy during the elec- against Justice Kavanaugh. But now, all-time high of $68,700. That is a 6.8- tion year where the party occupying even before the nominee is announced, percent increase over the previous the White House and the majority of our Democratic colleagues are taking year. Not only that, if you look at the the Senate were the same, and 29 times aim at the institution itself. dollar amount alone, it is almost dou- there were confirmation processes, and We know this isn’t the first time that ble the next highest dollar amount in our colleagues have floated institu- it will be the same again this year with annual growth. the 30th. tional changes to shift the political As I said, Black and Hispanic Ameri- As always, we will be thorough. As a tide in their favor. When they lost the cans each experienced a higher than member of the Judiciary Committee, I Senate majority, they decided they average growth rate and historically wanted to add new States. They are un- have had the privilege of participating low unemployment rates. Median earn- interested in bipartisanship. So they in a number of confirmation hearings ings increased 7.8 percent for women, want to end the legislative filibuster. for Supreme Court Justices. I know compared to 2.5 percent for men, rep- And now they threaten to pack the every member of the committee takes resenting progress in the fight to close court with liberal Justices to give this job very seriously—our role of ad- the pay gap. them a political outcome. They are vice and consent under the Constitu- The benefits of our booming market, taking the saying, ‘‘if you can’t win tion. We will not rush the process. though, didn’t stop there. The new jobs the game, change the rules,’’ to a Every Member of this body will have and opportunities created during this whole new level. an opportunity to vote for or against This isn’t just political gamesman- boom drew more workers who had been the nominee once the nominee is voted ship anymore. It is an assault on the on the sidelines into the labor market, out of the Judiciary Committee. Constitution itself, along with the in- and the result was spectacular. The But it seems that for our friends on tegrity of our article III courts and our poverty rate dropped to 10.5 percent, the other side of the aisle, precedent is system of checks and balances. This which is the lowest since 1959. Every not enough. The prospect of another court-packing threat isn’t new. It pre- population group made gains. Regard- Trump-appointed Supreme Court Jus- ceded the death of Justice Ginsburg in less of race, gender, age, disability sta- tice has mobilized our Democratic col- the creation of the vacancy that we tus, or marital status, each group expe- leagues to launch an attack that has will soon consider, but they are now rienced a decline in the poverty rate. been months in the making on our very trying to rebrand the reasoning behind Make no mistake about it. We still independent judiciary. it. have a long way to go to ensure that no One of the hallmarks of our Constitu- Since the idea was previously viewed family in America lives in poverty, but tion and our democracy is an inde- as too radical by members of their own we also ought to be willing to assess pendent judiciary—an umpire, if you party, with even Justice Ginsburg op- progress when progress is made. There will—that will mediate the fight be- posing it, they are trying to shift the is no doubt that our economic engine tween the executive and legislative blame to Republicans. By following the was humming and the American people branches and rule on the very constitu- precedent of 29 judicial confirmation were seeing and feeling the benefits of tionality of the laws that are passed. hearings occurring during an election our strong economy every single day. Long before this vacancy even existed, year and undermining or challenging And then, of course, the pandemic hit. though, our Democratic colleagues the Senate’s constitutional duty to Suddenly, after years of adding new were sounding the alarm, suggesting provide advice and consent, our Demo- jobs and creating economic opportuni- they would expand or pack the Su- cratic colleagues claim that it is we ties for millions of Americans, it felt preme Court with liberal Justices that who are responsible for an attack on like the gains we made were erased in will rubberstamp the political results democracy. They, in effect, are holding the blink of an eye. they could not achieve through legisla- the Supreme Court hostage in saying: Through no fault of their own, busi- tion. Don’t make me kill the hostage. nesses were forced to close their doors During the Presidential primary this Democrats aren’t just trying to pre- to help slow the spread of the virus, year, candidates were especially eager vent a single conservative Justice from and with no tables to wait on, cus- to share their vision for a larger and joining the Court. They are trying to tomers to serve, or travelers to accom- solidly liberal Supreme Court. A num- dismantle the very institution itself. modate, millions of workers were left ber of our Senate colleagues were The Supreme Court has had nine Jus- without a way to earn a living. Well- among those open to the idea, includ- tices for more than 150 years. As the meaning employers, sadly, handed ing the current Democratic candidate balance has shifted in many different their workers pink slips and said they for Vice President, the Senator from directions over the years, Members of hoped to have jobs for them to come California. Congress have respectfully refrained back to once the pandemic was in the Over the last several months, Demo- from engaging in such dangerous rearview mirror. crats in both the House and the Senate, threats. Until that could happen, millions of including House Judiciary Committee This isn’t just about a conservative Americans relied on enhanced unem- Chairman JERRY NADLER, have ex- Justice or a liberal Justice. It is about ployment benefits, which ended at the pressed an interest in upending the in- preserving one of our most basic insti- end of July, including an extra $600 a tegrity of the Supreme Court and its tutions—a free and independent judici- week in Federal benefits. But there are role in leading the independent judicial ary. still families across Texas struggling branch. Once the Supreme Court va- ECONOMIC GROWTH to make ends meet, and there are cancy went from a possibility to a re- Mr. President, now on another mat- workers waiting to return to their jobs ality, these comments have now turned ter, by virtually any measure our econ- with no end in sight. into threats. omy was booming at the start of this While we have made progress against Over the weekend, the junior Senator year. Successful reforms under the Tax the virus, we have to make progress, from Massachusetts tweeted that Cuts and Jobs Act allowed workers to too, in recovering our economy. In the ‘‘when Democrats control the Senate keep more of what they earned and beginning, restaurants and retailers in the next Congress, we must abolish gave job creators the freedom to create began adding curbside service and de- the filibuster and expand the Supreme new economic opportunities for the livery to regain some income, and Court.’’ American people. throughout most of Texas now, these

VerDate Sep 11 2014 05:30 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G23SE6.044 S23SEPT1 ctelli on DSK30NT082PROD with SENATE September 23, 2020 CONGRESSIONAL RECORD — SENATE S5821 businesses are able to open to 75 per- As we work to support our country The PRESIDING OFFICER. Without cent of capacity. Gladly, we are seeing through the recovery process, we need objection, it is so ordered. more and more workers returning to to emulate the reforms that made our WASHINGTON STATE WILDFIRES work and our children returning to booming economy a reality in the first Mrs. MURRAY. Madam President, I school. place. As I said, I don’t expect the road rise to speak about three critical mat- In Texas, unemployment has steadily to recovery to be quick, but there are ters impacting families in Washington declined from a peak of 13.5 percent to steps that we can take to make it easi- State and across this country today. 6.8 percent in August. I think a lot of er. First of all, I would like to say that that progress is due to the success of First, we could do our job by sup- even though the wildfires in my State the CARES Act and, especially, the porting the individuals and businesses are being contained, thanks to the Paycheck Protection Program, which hit hardest by the pandemic. Time and skilled work of brave and dedicated sent more than $41 billion in more than again, our Democratic colleagues have firefighters, wildfires and health im- 417,000 different loans to small busi- objected to us even considering legisla- pacts of smoke are still creating haz- nesses in Texas alone. tion to continue those important provi- ardous conditions throughout the Pa- I am still hoping that we can come to sions of the CARES Act. We can take cific Northwest. Until we begin ad- an agreement on another coronavirus the government’s boot off of job cre- dressing the drivers of those natural relief bill that would extend the Pay- ator’s necks, and we can fight to bring disasters, like climate change, we check Protection Program and provide jobs back that were shipped overseas know these crises and the suffering some enhanced level of Federal em- because we learned a lot about vulner- they bring will only continue getting ployment benefits, but those measures able supply chains and manufacturing worse. alone will not support our economic re- that needs to be returned to the United JUDICIAL NOMINATIONS covery. We know that regaining lost States. Secondly, I want to talk about three ground will not happen overnight. It is Following tax reform, millions of nominees under consideration for the going to take time for our country to new jobs were created, and Americans Equal Employment Opportunity Com- return to the pre-pandemic economy brought home more of their hard- mission, or the EEOC. that the President and Republican Sen- earned money. As a result, we reached One of these nominees is Jocelyn ate fought so hard to achieve. 3.5 percent unemployment—the lowest Samuels. She is exactly who workers As we consider the most effective unemployment rate in a half a century. need right now. As the coronavirus ways to tune up our economic engine, That progress was possible because of continues to impact workplaces across our guiding principle should be that of the right policies that increased take- the country, workers are facing un- the doctor-patient oath—the Hippo- home pay for workers and unleashed precedented challenges, and they need cratic oath: First, do no harm. the power of the private sector. So I a champion at the EEOC who will work Raising trillions of dollars in new have no doubt, as we rebuild our econ- tirelessly to defend their rights. taxes, as a number of leading Demo- omy, that we will do so if we continue Jocelyn Samuels is that champion. crats have suggested, would be coun- to embrace the policies that made 2019 With almost 20 years of experience in terproductive. It wouldn’t grow the a banner year. the Federal Government, including at economy. It would kill the economy. In Let me just conclude by saying that the EEOC itself, she has spent her ca- 2009, as the Nation was fighting to re- we must pass another COVID–19 relief reer working to address discrimination cover from the 2008 recession, Presi- bill. Time and again, Speaker PELOSI and making sure no one is treated un- dent Obama was asked about the possi- has refused to negotiate in good faith fairly because of their age, their race, bility of raising taxes, and he didn’t to come up with a compromise. In the or their disability. mince words. He said: The last thing meantime, airlines that employ tens of I am confident she will be an excel- you want to do is raise taxes in the thousands of people in my State and lent Commissioner. I am proud to vote middle of a recession. across the country will begin laying off to confirm her nomination and strong- That is exactly right, but that is ex- their employees beginning October 1. ly urge my Senate colleagues to join actly the opposite of what the leading Businesses that were sustained by the me in supporting her nomination. Democratic candidates, including the PPP program have now run out of Unfortunately, the other two nomi- Democratic nominee for President, are those funds, and they need to be re- nees already approved by the Senate— advocating. They are advocating for a plenished. Andrea Lucas and Keith Sonderling— huge tax increase, even as we are hope- I get questions time and again about will likely have disastrous con- fully closer to the end of the pandemic the lapsing of the enhanced unemploy- sequences for workers’ rights. These than we are the beginning. It is just ment benefit that was part of the are two people who have spent their ca- the wrong medicine for what ails our CARES Act. We tried to extend that at reers working to protect corporations, economy, as President Obama noted. some reasonable level, but our Demo- not workers. Families, we know, are still strug- cratic colleagues objected, blocked it, As a lawyer, Andrea Lucas has never gling, workers are still hurting, and and stopped it. defended workers. Her only legal expe- the American people need more money What I fear, as Chairman Powell of rience is defending corporations when in their paychecks, not less. We need to the Federal Reserve and Secretary workers tried to fight back against sex- look at what made the 2019 economy Mnuchin, the Treasury Secretary, have ual harassment or age discrimination such a success and try to ensure that suggested, is that the massive stimulus and disability discrimination. That is those changes prop us up for a strong that we provided, roughly $3 trillion exactly the opposite type of experience comeback, and I think the best place to through four bills that were passed on and values we need at the EEOC, which start is with the success of the Tax a bipartisan basis—that has sustained is why I voted against her nomination. Cuts and Jobs Act. our economy and brought us to where Keith Sonderling’s record is no bet- After it passed almost 3 years ago, I we are today, even in the darkest of ter. During his time at the Trump ad- traveled across my State and met with times through this pandemic, but if we ministration’s Department of Labor, business owners and employees who leave here with our Democratic col- Keith Sonderling worked to churn out were reaping the immediate benefits. leagues having prevented us from pro- policies that hurt workers. Those were in the form of new hires, viding another COVID–19 relief bill, I From his joint employer rule that bonuses, raises, and 401(k) match in- think it guarantees nothing but pain lets massive corporations off the hook creases. Employees at every business of for the economy, American workers, for minimum wage, overtime, and every size were seeing the benefits of and American families. We should not equal pay violations to his initiative the Tax Cuts and Jobs Act. While some go down that path or tolerate it. that gives companies a ‘‘get out of jail of the provisions of that law are perma- The PRESIDING OFFICER (Mrs. free’’ card for wage theft, Keith nent, others are set to expire in 2025, BLACKBURN). The Senator from Wash- Sonderling’s legacy at the DOL has and, without action, things like the ington. made it harder for workers to fight for lower income tax rate for individuals Mrs. MURRAY. Madam President, I their rights and easier for companies to and the increased child tax credit will ask unanimous consent to be allowed abuse them. For those reasons, I op- expire. to finish my remarks. posed his nomination.

VerDate Sep 11 2014 05:30 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G23SE6.045 S23SEPT1 ctelli on DSK30NT082PROD with SENATE S5822 CONGRESSIONAL RECORD — SENATE September 23, 2020 Finally, right now, our Nation is fac- part of Justice Ginsburg’s legacy and The senior assistant legislative clerk ing truly trying times. Two hundred vote for the nomination of Jocelyn read as follows: thousand lives have been lost to Samuels. Then let’s keep fighting for CLOTURE MOTION COVID, millions are unemployed, and people’s healthcare, for protections for We, the undersigned Senators, in accord- we just lost a treasured American hero, preexisting conditions, for workers’ ance with the provisions of rule XXII of the Justice Ruth Bader Ginsburg. rights, and voters’ rights, and Standing Rules of the Senate, do hereby So much hangs in the balance now, LGBTQIA+ rights, and for the vision of move to bring to a close debate on the nomi- and people are already voting and orga- nation of Roderick C. Young, of Virginia, to a just and equal country—a just and be United States District Judge for the East- nizing to make sure their healthcare, equal country Justice Ginsburg fought ern District of Virginia. their rights, and their futures are pro- so hard to advance. Mitch McConnell, Mike Braun, Mike tected in this election. Thank you. Rounds, Marsha Blackburn, Todd For those nationwide who have al- I yield the floor. Young, Cindy Hyde-Smith, Lindsey ready cast their ballots and who will VOTE ON HINDERAKER NOMINATION Graham, Marco Rubio, Tim Scott, vote in the coming weeks for the future The PRESIDING OFFICER. Under Chuck Grassley, Kevin Cramer, Lamar of our country and to help ensure the previous order, the question is, Will Alexander, Pat Roberts, John Booz- trust—trust in our democracy—the man, John Cornyn, Mike Crapo, James the Senate advise and consent to the E. Risch. people must have a vote in this nomi- Hinderaker nomination? nation. Mr. ALEXANDER. I ask for the yeas The PRESIDING OFFICER. By unanimous consent, the mandatory quorum The next President should choose and nays. Justice Ginsburg’s replacement as she The PRESIDING OFFICER. Is there a call has been waived. The question is, Is it the sense of the wished to spare our democracy the sufficient second? Senate that debate on the nomination painful chaos of making such a deci- There appears to be a sufficient sec- of Roderick C. Young, of Virginia, to be sion so close to an election. ond. United States District Judge for the People are speaking out, and the Sen- The clerk will call the roll. Eastern District of Virginia, shall be ate must listen, as Majority Leader The bill clerk called the roll. brought to a close? MCCONNELL insisted only a few years Mr. THUNE. The following Senators are necessarily absent: the Senator The yeas and nays are mandatory ago. But, unfortunately, it seems like under the rule. from West Virginia (Mrs. CAPITO) and my colleagues on the other side are The clerk will call the roll. content to ignore these cries, just like the Senator from Wisconsin (Mr. JOHN- The senior assistant legislative clerk they have neglected the cries of our SON). called the roll. constituents for a COVID–19 relief Mr. DURBIN. I announce that the Mr. THUNE. The following Senators package that meets this moment in- Senator from California (Ms. HARRIS) is are necessarily absent: the Senator stead of shortchanging our commu- necessarily absent. from West Virginia (Mrs. CAPITO), the nities because nothing—nothing is The PRESIDING OFFICER. Are there Senator from Wisconsin (Mr. JOHNSON), more important than pushing through any other Senators in the Chamber de- and the Senator from Arizona (Ms. their ideological agenda to jam as siring to vote? MCSALLY). many partisan judges on the bench as The result was announced—yeas 70, Mr. DURBIN. I announce that the possible, especially on the Supreme nays 27, as follows: Senator from California (Ms. HARRIS) is Court, and tip the balance of our Fed- [Rollcall Vote No. 191 Ex.] necessarily absent. eral judiciary even further against ev- YEAS—70 The PRESIDING OFFICER. Are there eryday people, packing our courts to Alexander Grassley Risch any other Senators in the Chamber de- ensure we can’t make progress to de- Baldwin Hassan Roberts siring to vote? Bennet Hirono fend affordable healthcare and pre- Romney The yeas and nays resulted—yeas 93, Blunt Hyde-Smith Rosen nays 3, as follows: existing conditions protections or ad- Booker Inhofe Rubio [Rollcall Vote No. 192 Ex.] dressing the climate crisis or strength- Brown Jones Sanders ening protections for workers or doing Burr Kaine Schatz YEAS—93 Cantwell King Shaheen anything on the critical issues that Cardin Klobuchar Alexander Gardner Portman Shelby Carper Leahy Baldwin Gillibrand Reed people in my home State of Wash- Sinema Barrasso Graham Risch ington and around the Nation care so Casey Loeffler Cassidy Manchin Smith Bennet Grassley Roberts deeply about and that have been Collins Markey Stabenow Blackburn Hassan Romney blocked time and again by the Repub- Coons McConnell Tester Blunt Hawley Rosen Booker Heinrich Rounds lican Party. Cornyn McSally Tillis Cortez Masto Menendez Toomey Boozman Hoeven Rubio I will be doing absolutely everything Crapo Merkley Udall Braun Hyde-Smith Sanders I can to make sure everyone from Duckworth Murkowski Van Hollen Brown Inhofe Sasse Washington State to Washington, DC, Durbin Murphy Warner Burr Jones Schatz Ernst Murray Warren Cantwell Kaine Scott (FL) and my Republican colleagues here in Cardin Kennedy Scott (SC) Feinstein Perdue Whitehouse Carper King Shaheen Congress know just how much is at Fischer Peters Wicker Casey Klobuchar Shelby risk if President Trump gets to appoint Gillibrand Portman Wyden Graham Reed Cassidy Lankford Sinema another hard-right nominee an unprec- Collins Leahy Smith edented 41 days before a Presidential NAYS—27 Coons Lee Stabenow Cornyn Loeffler Sullivan election. Barrasso Enzi Paul Cortez Masto Manchin Tester It is truly impossible to understate Blackburn Gardner Rounds Cotton Markey Thune Blumenthal Hawley Sasse the consequences for families and com- Cramer McConnell Tillis Boozman Heinrich Schumer Crapo Menendez Toomey munities across the country now and Braun Hoeven Scott (FL) Cruz Merkley Udall for generations to come. President Cotton Kennedy Scott (SC) Daines Moran Van Hollen Cramer Lankford Sullivan Trump has made it clear he wants a Duckworth Murkowski Warner Cruz Lee Thune nominee who will gut protections for Durbin Murphy Warren Daines Moran Young preexisting conditions, who will take Enzi Murray Whitehouse healthcare away from millions of peo- NOT VOTING—3 Ernst Paul Wicker Feinstein Perdue Wyden Capito Harris Johnson ple nationwide, and do everything they Fischer Peters Young can to undermine basic rights and free- The nomination was confirmed. NAYS—3 doms and protections through the f Court, including crucial worker protec- Blumenthal Hirono Schumer tions that Justice Ginsburg, herself, CLOTURE MOTION NOT VOTING—4 helped secure and the EEOC is tasked The PRESIDING OFFICER. Pursuant Capito Johnson with enforcing. to rule XXII, the Chair lays before the Harris McSally I urge all of my colleagues to join me Senate the pending cloture motion, The PRESIDING OFFICER. On this in voting today to honor an important which the clerk will state. vote, the yeas are 93, the nays are 3.

VerDate Sep 11 2014 05:30 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G23SE6.047 S23SEPT1 ctelli on DSK30NT082PROD with SENATE September 23, 2020 CONGRESSIONAL RECORD — SENATE S5823 The motion is agreed to. Sasse Shelby Toomey tive learning—which is what we just Scott (FL) Sullivan Wicker heard about for just the students af- f Scott (SC) Thune Young fected by the closures—that organiza- EXECUTIVE CALENDAR NOT VOTING—4 tion estimates it would lower a coun- Capito Johnson The PRESIDING OFFICER. The try’s gross domestic product by an av- Harris Moran erage of 1.5 percent for the remainder clerk will report the nomination. The nomination was confirmed. The senior assistant bill clerk read of the century. The PRESIDING OFFICER. The Sen- I don’t know whether those numbers the nomination of Roderick C. Young, ator from Tennessee. are exactly accurate, but the message of Virginia, to be United States Dis- CORONAVIRUS is clear. Children, especially young trict Judge for the Eastern District of Mr. ALEXANDER. Madam President, children and especially young children Virginia. I come to the floor to talk about who are further behind already, need to f COVID in two ways. The Senator from be in school so that they can be taught Tennessee, who is presiding today, will in person or their learning loss is dra- EXECUTIVE CALENDAR appreciate this. She and I have a reg- matic. The PRESIDING OFFICER. The ular call with Governor Lee, our Gov- I ask unanimous consent to include clerk will report the nomination. ernor, and we just finished part of it. in the RECORD the press release that The senior assistant bill clerk read Her staff was on part of that. Governor Lee of Tennessee released de- the nomination of Jocelyn Samuels, of He gave some very interesting infor- tailing this dramatic learning loss. Maryland, to be a Member of the Equal mation that I think would be impor- There being no objection, the mate- Employment Opportunity Commission tant to all Senators and to our coun- rial was ordered to be printed in the for a term expiring July 1, 2021. try, and that is the significant learning RECORD, as follows: The PRESIDING OFFICER. Under loss that occurs when children aren’t TENNESSEE RELEASES DATA SHOWING SIGNIFI- the previous order, all postcloture time in school. In Tennessee, Governor Lee CANT LEARNING LOSS AMONG K–12 STUDENTS has expired. and some national researchers have PROJECTED LOSSES TIED TO PROLONGED SCHOOL The question is, Will the Senate ad- completed a study of the learning loss CLOSURES AND TIME AWAY FROM CLASSROOM vise and consent to the Samuels nomi- in the third grade for reading and math NASHVILLE, TN—Tennessee Governor Bill nation? proficiency for children who were not Lee and the Tennessee Department of Edu- Mr. MANCHIN. Madam President, I in school from March through the sum- cation today released estimated data regard- ask for the yeas and nays. mer. ing learning loss for Tennessee students re- Now, you always have a learning loss sulting from COVID–19 school closures The PRESIDING OFFICER. Is there a through the summer months. Preliminary sufficient second? in the summer, but for March through data projects an estimated 50% decrease in There appears to be a sufficient sec- summer, this is what they found. Pre- proficiency rates in 3rd grade reading and a ond. liminary data shows an estimated 50- projected 65% decrease in proficiency in The clerk will call the roll. percent decrease in proficiency rates in math. The senior assistant legislative clerk third grade reading and a projected 65- ‘‘This data highlights the immense chal- called the roll. percent decrease in proficiency in lenges that the COVID–19 pandemic has cre- Mr. THUNE. The following Senators math. That, in the Governor’s words, is ated for our students and educators,’’ said Gov. Lee. ‘‘The vast majority of students are necessarily absent: the Senator a dramatic decrease. It shows that the learn best in-person with their teacher, and from West Virginia (Mrs. CAPITO), the vast majority of students learn in per- we’ll continue to help provide a safe environ- Senator from Wisconsin (Mr. JOHNSON), son, the Governor said, with their ment for Tennessee students to get their and the Senator from Kansas (Mr. teacher, and he is working to get a safe educational journeys back on track.’’ MORAN). environment so that they can get back While many students traditionally experi- Mr. DURBIN. I announce that the to school. ence learning loss over the summer, projections show that learning loss from March Senator from California (Ms. HARRIS) is The good news on that is, according to the Governor, 1,800 schools in Ten- school closures through the summer is ex- necessarily absent. pected to be 2.5 times that of a normal sum- The PRESIDING OFFICER. Are there nessee are open, in person, and only 7 mer rate. Projections were developed in part- any other Senators in the Chamber de- of those schools have any sort of clo- nership with national researchers using his- siring to vote? sure incident today—in other words, torical, Tennessee-specific data to provide The result was announced—yeas 54, one class or one school closed because additional learning loss estimates based on nays 42, as follows: of COVID. So, this problem we are just the extended school closures. ‘‘We know that increased time away from [Rollcall Vote No. 193 Ex.] discussing, hopefully, will not be as pronounced this semester in Tennessee school has negative implications for stu- YEAS—54 dents, which is compounded during extended because, except in Memphis and except Alexander Gillibrand Peters building closures,’’ said Tennessee Commis- Baldwin Graham Reed in Nashville, almost all of our schools sioner of Education Penny Schwinn. ‘‘The Bennet Grassley Rosen are open in person to some degree. department is focused on ensuring we pro- Blumenthal Hassan Sanders The Governor went on to say that the vide essential services and resources to miti- Booker Heinrich Schatz March through the summer school gate learning loss and keep students on a Brown Hirono Schumer Cantwell Jones Shaheen closings produced a learning deficiency path to success this new school year.’’ Cardin Kaine Sinema that is expected to be 2.5 times that of The learning loss impacts early grades Carper King Smith a normal summer rate. He also said the greater than later grades, placing these stu- Casey Klobuchar Stabenow dents further behind in the learning trajec- Cassidy Leahy Tester learning loss impacts early grades tory as they progress through school. Stu- Collins Manchin Tillis greater than later grades, placing those dents with lower proficiency rates are also Coons Markey Udall students further behind in the learning disproportionately impacted by learning Cornyn Menendez Van Hollen trajectory. Students with lower pro- Cortez Masto Merkley Warner loss, further exacerbating existing achieve- Duckworth Murkowski Warren ficiency rates are also disproportion- ment gaps. Durbin Murphy Whitehouse ately impacted by learning loss. In Research from the Organisation for Eco- Feinstein Murray Wyden other words, students who are already nomic Co-operation and Development on the economics of education shows that each ad- NAYS—42 behind fell behind even further as a re- ditional year of schooling increases life in- Barrasso Enzi Loeffler sult of leaving school in March. come by an average of 7.5–10%. Further, a Blackburn Ernst McConnell Then it shows that the research from loss of one-third of a year in effective learn- Blunt Fischer McSally the Organisation for Economic Co-oping for just the students affected by the clo- Boozman Gardner Paul Braun Hawley Perdue eration and Development, which sures of early 2020 will, by historical data, Burr Hoeven Portman worked with the Governor on these, lower a country’s GDP by an average of 1.5% Cotton Hyde-Smith Risch shows that each additional year of over the remainder of the century. Cramer Inhofe Roberts schooling increases life income by an Mr. ALEXANDER. Today, our com- Crapo Kennedy Romney Cruz Lankford Rounds average of 7.5 to 10 percent. And with mittee—the Health, Education, Labor, Daines Lee Rubio the loss of one-third of a year in effec- and Pensions Committee—had its last

VerDate Sep 11 2014 05:30 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G23SE6.051 S23SEPT1 ctelli on DSK30NT082PROD with SENATE S5824 CONGRESSIONAL RECORD — SENATE September 23, 2020 hearing of the year, and it was my last Here is my question: Is this adminis- cocktails that were developed and used hearing as chairman of the committee. tration cutting corners on safety and during the Ebola crisis to help prevent While we are on the theme of edu- efficiency? and cure it. cation, one of the interesting—and I Dr. Fauci said: Absolutely not. If these work—and, again, they only am here today to give a little report on I asked all four of the witnesses: If can be approved based on data from the what I consider to be an unprecedented the vaccine is approved by the FDA, FDA. They are not approved yet. They sprint toward success in three areas: would you take it, and would you rec- are in clinical trials, but late clinical vaccines, treatments, and diagnostic ommend your family take it? trials. If they are approved in the next testing. They said yes, that they had great few weeks, then, if you come down with I asked Dr. Fauci, who was one of the confidence in the FDA. COVID, you will have an antibody witnesses, this question: Dr. Fauci, Here is a summary of what they told cocktail that, in the case of the Ebola, there are a lot of outbreaks on college us today. Let’s start with vaccines: proved to prevent and help cure it. campuses around the country as mil- According to the administration, it is Knowing that these vaccines are lions of students go back to thousands already manufacturing tens of millions being manufactured and are likely to of colleges. Is the right thing to do to of doses of six vaccines, and by the end be approved by the end of the year and send the students home? of the year, there will be tens of mil- that treatments will be broadly avail- He said: Absolutely not. That is the lions of doses of these vaccines already able by the end of the year, in addition wrong thing to do. Segregate the stu- manufactured, ready to distribute— to the five that now exist, should help dents from the other students in the first, of course, to the priority individ- give Americans more confidence in college until they are well—and the uals, those who are most vulnerable, going back to school, back to college, people they have exposed until they are healthcare workers, and others. back to childcare, back to work, and well—and then go on. Don’t send them Then, according to the administra- out to eat. home to infect their parents and their tion, they expect to be able to produce Then, there is a third success story, grandparents and the community from 300 to 700 million doses of vaccines by and that is diagnostic testing. The which they came. March or April of next year. That is United States got off to a bumpy start I think that is important advice for unprecedented. with diagnostic testing. The first CDC the college administrators all over When I was a kid, we were terrified test flopped, and we lost some time. America who are dealing with this by polio. I had classmates who were in But since then there has been an explo- issue very bravely. I know at the Uni- an iron lung and parents who were wor- sion of diagnostic testing. versity of Tennessee they had a big ried their children might be just as Today, we have a capacity to deal outbreak. It was some poor judgment well. It took 10 years to get a polio vac- with 90 million tests a month. Abbott on behalf of a number of students who cine, and polio is now eradicated. Laboratories has announced that in Oc- had just gone back to school. You can For most of the vaccines that our tober, it will produce 50 million rapid just imagine 18-, 19-, and 20-year-olds, children take before they go to tests. You can get a result in 15 min- they all want to get together. Well, school—like mumps, measles, and utes with a higher degree of speci- they got together, and they infected chickenpox—you have to take these ficity—that means accuracy—and it one another, and they had a big out- vaccines in all 50 States and the Dis- costs $5. The administration has break—maybe 750, the Governor said, trict of Columbia before you go to bought 150 million—the whole output— but it is now down to 150. school. Most of them took 10 years to for the first 3 months of Abbott Lab- So Dr. Fauci’s advice to the school develop. oratories’ fast tests and is in the proc- administrators is this: Isolate them, If the optimism of the administra- ess of distributing them to nursing segregate them, track them, and don’t tion—they call it Operation Warp homes, schools, colleges, childcare cen- send them home. Speed—is accurate, vaccines will have ters, and States. The hearing today included Dr. Fauci been manufactured, and they are opti- I was able to say to the Governor and Dr. Redfield from the Centers for mistic that at least one of them will be that if Tennessee gets its rough share Disease Control. It included Admiral approved before the end of the year. of 2 percent of 150 million tests, that is Giroir, who is in charge of testing, and They know they will be manufactured a lot of tests for the State of Tennessee it included Dr. Hahn, who is the head because they are already doing that. to be receiving over the next few of the Food and Drug Administration. They don’t know for sure, and they weeks. Here was the first question I asked say: There is no guarantee of success, Again, the importance of that is, be- Dr. Hahn, who is the only person who but we are optimistic that we will tween now and the time a vaccine is knows when the vaccines that are reach a goal that once was considered administered and treatments are wide- being developed will be distributed. He impossible and now seems likely. ly available, the surest path back to doesn’t really know because he doesn’t In other words, instead of waiting 10 school, back to work, and out to eat is know the date, nor do any of the career years for a vaccine to save lives, this an oversupply of diagnostic testing so scientists at the FDA know the date vaccine for COVID–19 will be developed you could have it whenever you want. when the data will show that the vac- in less than a year if it is approved be- Just as Governor Lee was saying, we cine is safe and effective, and it will fore the end of the year. have 1,800 schools open in person, Nash- not be distributed until it is. That is an unprecedented success ville and Memphis worrying about So I said to Dr. Hahn: Who makes the story, and it is only possible for a vari- whether they should open. I think if decisions at FDA? Do you make the de- ety of reasons, which I will go into in the teachers knew they had more cisions? Do the career scientists make a minute. treatments and if they could test the decisions? Or does the White House The same is true with treatments. whenever a class needs to test—a whole make the decisions about safety and ef- There are five treatments—medicines— class—and do surveillance testing, that fectiveness of a vaccine? for those who have contracted COVID– people would be safer and feel better He said: The career scientists make 19. That is especially interesting to about going back to school. the decisions. The White House does teachers and faculty members at The same would be true with the col- not, and I will not make a decision schools and colleges. The children leges and universities. If there is a about the safety and effectiveness of don’t seem to get as sick, but the older breakout of 750 cases at the University vaccines unless the career scientists teachers could, and they do get sicker. of Tennessee and you can quickly do and I agree that it is safe and effective So it helps to know that there is a random surveillance testing of an en- according to independent and trans- treatment for COVID if you get sick. tire dorm or a dorm floor or a class of parent data. What we are told by Dr. Fauci, Dr. students, then you can feel better I asked Dr. Fauci this question. I Redfield, Dr. Hahn, and others is that about keeping the place safe. said: Dr. Fauci, you have been around a they are cautiously optimistic that The hearing was a good hearing. Dur- while. You came on in the Reagan new treatments will be available in the ing the hearing, I thanked Senator days. You have been in your job as next few weeks—specifically, the MURRAY, my partner over the last 6 head of infectious diseases since 1984. monoclonal antibodies, the antibody years, the ranking Democrat. She is a

VerDate Sep 11 2014 05:30 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G23SE6.054 S23SEPT1 ctelli on DSK30NT082PROD with SENATE September 23, 2020 CONGRESSIONAL RECORD — SENATE S5825 member of the Democratic leadership. I think most of us would be glad to we wouldn’t have a problem or an She is pretty tough when she wants to lose that money if the result was that issue. be. Because she is, I like working with one or more of those vaccines turned I thanked those four witnesses, Sen- her, and we have been able to do a lot out to be the one that produces 300 to ator MURRAY, and my Republican and with our committee. 700 million doses of vaccines that are Democratic colleagues for monitoring We have 23 members on our com- safe and effective as we move into the this COVID–19. I am glad the hearing mittee. I thanked them today. I said, new year. was broadly carried for 2 hours on Senator Ted Kennedy used to say that There is a lesson from all of this, and many television networks. we have the broadest jurisdiction of that is that the earlier Congresses and I hope it gave the American people any committee in the Senate. I think Presidents were visionary in this re- some relief and sense that our chances we have the broadest range of views in spect: They built those standby manu- of going back to school, back to col- the Senate of any committee. We have facturing plants. They created BARDA. lege, back to childcare, back to work, some very able advocates of those di- Senator BURR from North Carolina was and out to eat are increasingly good. It verse points of view, and still, we have one of the leaders of that, for example. is very simple: Wear the mask, wash a very impressive record from fixing Without that, we wouldn’t have this your hands, stay apart, and keep this No Child Left Behind to 21st Century explosion of vaccines, treatments, and unprecedented sprint toward vaccines, Cures, to the opioids bill, to passing tests on the way. We need to do that treatments, and diagnostic tests going. important bipartisan legislation that is again. I yield the floor. good for the country Senator Bill Frist, the former major- The PRESIDING OFFICER. The Sen- President Obama called the Every ity leader, testified before our com- ator from Connecticut. Student Succeeds Act a Christmas mir- mittee with some others. He said we go f acle. Senator MCCONNELL said the 21st from panic to neglect to panic, and we Century Cures Act was the most impor- don’t do the hard things we need to do CORRECTING THE ENROLLMENT tant law of that Congress. after the epidemic is over. OF S. 2330 I thanked Senator MURRAY and all The hardest thing to do is sustained the Democrats and Republicans on the Mr. BLUMENTHAL. Madam Presi- funding. So we need sustained funding dent, as if in legislative session, I ask committee for creating an environ- for manufacturing plants so they don’t ment where we can have our dif- unanimous consent that the Senate go cold while we wait for the next pan- proceed to the immediate consider- ferences of opinion but still get impor- demic. We need sustained funding for tant results. ation of S. Con. Res. 46, which was sub- our stockpile so they are not depleted mitted earlier today. There was one other thing we dis- by budget problems. We need sustained cussed that I would like to mention. I The PRESIDING OFFICER. Without funding for the strategic stockpile, and objection, it is so ordered. see my friend from Connecticut on the we need sustained funding for our floor. I know he wants to speak, and I The clerk will report the concurrent State and local public health agencies, will get out of the way so he can do it. resolution by title. which are about 50 percent supported But there were actually two things I The bill clerk read as follows: by Federal dollars. wanted to briefly summarize, and then Sustained funding is something we A concurrent resolution (S. Con. Res. 46) to correct the enrollment of S. 2330. I will ask to put my statement into the don’t do very well—that means manda- RECORD. tory funding that needs advanced ap- There being no objection, the Senate One was that the New York Times propriations. We like to do it year by proceeded to consider the resolution. said on March 1, that the United States year. But if we don’t do it, you can see Mr. BLUMENTHAL. I further ask was as well prepared as any country for what it costs us: 200,000 lives we lost al- that the concurrent resolution be COVID. To the extent that was true, it agreed to and the motion to reconsider was because of several Presidents and ready and $3 trillion we have already spent. So a little sustained funding to be considered made and laid upon the several Congresses doing such things table with no intervening action or de- as, in 2012, authorizing three standby prevent the next pandemic would be a very wise investment, and we ought to bate. manufacturing plants for vaccines. Of The PRESIDING OFFICER. Without Operation Warp Speed, Dr. Slaoui, who do it now while we have our eye on the ball. objection, it is so ordered. is their principle adviser, said that The concurrent resolution (S. Con. they could not be producing four of Jared Diamond, who wrote ‘‘Guns, Germs, and Steel,’’ pointed out in a re- Res. 46) was agreed to. those vaccines if those plants had not (The concurrent resolution is printed been put in place back then. cent article in the Wall Street Journal that, in his opinion, what is different in today’s RECORD under ‘‘Submitted In addition, earlier Congresses cre- Resolutions.’’) ated more authority for the FDA, for about this vaccine is the jet plane— that people can fly from Wuhan to San The PRESIDING OFFICER. The Sen- example, to do emergency-use author- ator from Rhode Island. izations, which Dr. Hahn has used Francisco or from San Francisco to expertly. They have given the NIH Nashville, and pretty soon, suddenly, REMEMBERING JUSTICE RUTH BADER GINSBURG record funding for 5 years in a row and this is spreading all over the world. Mr. REED. Madam President, I rise new authority. All of this authority Jared Diamond said that the next pan- today to honor the life of Justice Ruth has been put to work by this adminis- demic could be next year. We hope it is Bader Ginsburg and to express my tration to do what I would call an un- not, but it could be, and we should be grave concerns at rushing to fill this precedented sprint toward success on ready for it. Supreme Court vacancy rather than vaccines, treatments, and tests with- So I wanted to report to the Amer- focus on the pandemic and its health out cutting corners on efficacy and ican people and to my colleagues in the and economic devastation. safety. There is a risk, but the risk is Senate that we hear a lot about prob- The passing of Justice Ginsburg is a to the taxpayers. lems, but I think it is important to monumental loss for our country, but The reason things are going so fast is know that vaccines are being manufac- she will leave an indelible mark as a because they are doing everything in tured, that the decisions are going to historic and brilliant jurist, civil rights parallel. They are manufacturing while be made by scientists about when they trailblazer, and personal hero to count- they are developing the vaccine and are ready to distribute, that the States less people. We can all take inspiration while they are reviewing whether it is have been asked to get ready, that from her stalwart and lifelong crusade safe and effective. there are more treatments coming, for equality, shaped by her own strug- Then, at the end of that process—say, likely, and that there has been an ex- gles facing gender discrimination as a at the end of this year—if it is effec- plosion of diagnostic tests. So, really, young lawyer, despite her outstanding tive, we are ready to distribute it. The there should be plenty of diagnostic education and obvious talent. States have been asked to get ready. If tests for anyone who wants to use them Notably, one of her first and most it is not safe, if it is not effective, then, before very long in the United States. important rulings as a Supreme Court we lose the money. The taxpayers lose My theory has been for a long time Justice was when she wrote the major- the money. that as soon as we had an oversupply, ity opinion that struck down the male-

VerDate Sep 11 2014 00:52 Sep 25, 2020 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD20\SEPTEMBER\S23SE0.REC S23SE0 abonner on DSK9F5VC42PROD with CONG-REC-ONLINE S5826 CONGRESSIONAL RECORD — SENATE September 23, 2020 only admissions policy at the Virginia Due to the Trump administration’s tunity to add another anti-healthcare Military Institute. In this and many mismanagement and Republicans’ in- Justice to the Supreme Court, just other cases, Justice Ginsburg opened action, much of what these experts pre- days before the Court will begin argu- the door for generations to come and dicted is already happening, and we ments on the Trump administration’s heralded a new era of equality so that continue to pass grim milestones sig- lawsuit to repeal the ACA. those who were traditionally excluded naling that we have failed to contain What is worse is that they are not and oppressed could truly partake in the virus and to adequately mitigate going to wait until the election to pur- the American dream. the economic fallout. sue this because they know the Amer- Congress should honor Justice Gins- More than 200,000 people have now ican people do not agree with them and burg’s legacy by grieving her loss with died, and the Department of Labor re- they can’t take the chance that they her family, her friends, and the rest of ports that nearly 30 million people are will lose the election and, along with the Nation. More importantly, we on unemployment. Despite the over- it, their opportunity to take should listen to the Justice’s wish that whelming need, Republicans seem healthcare coverage away from mil- the Court she loved and served so hon- eager to move on and shift all of their lions of Americans. orably should not be part of the elec- attention to filling a Supreme Court Republicans’ fervor to fill a Supreme tion season. My sense is Justice Gins- seat in as little time as possible. Court vacancy goes beyond disman- burg recognized that, while the Court They want to do it in a way that has tling affordable healthcare and denying has become more political over time, never been done before. While other va- healthcare to those with preexisting filling her seat a month or so before an cancies have arisen in an election year, conditions. They are counting on a election would do incredible harm. the history is clear: The Senate has conservative supermajority on the Su- Some say we need nine Justices. never confirmed a nomination to the preme Court to accomplish many of They certainly didn’t feel that way Supreme Court this close to a Presi- their extreme conservative goals, about Justice Scalia’s open seat. Rush- dential election. Yet it is looking more which they know the majority of the ing here seems unnecessary, shows a like Republicans want to barrel ahead American people do not share. disregard for history, and shows a lack and deny the American people a chance This will endanger so many of the of faith in the American people’s to weigh in. rights that Americans have fought for choice in November, but it appears We have to ask ourselves: Why? One decades to win. It could mean making they will not be thoughtful and wait. answer is easy: healthcare. My col- our country less democratic by gutting Instead, it is full steam ahead. leagues on the other side of the aisle, what is left of the Voting Rights Act. I am angered and saddened that my along with President Trump, had com- It could mean overturning the right of colleagues on the other side of the aisle plete control of Congress and the White women to make their own reproductive are choosing to ram through a nominee House for 2 years, and after spending 7 healthcare decisions, in consultation who they know will not get broad sup- years saying that they would repeal with their doctors, and the rights of port. While this is no different than the Affordable Care Act, they tried LGBT individuals to live free of dis- their agenda over the last 4 years, the with all of their might to do just that. crimination. It could include stripping timing and circumstances could be not What they didn’t anticipate was that away environmental protections, which more startling or revealing as to their the American people would turn will become all the more important as against that effort. true priorities of power and stacking climate change wreaks havoc in our In 2017, I heard from countless con- the deck. communities. stituents, writing and emailing me, My colleagues have been rushing to How these and many other issues are calling my office, approaching me at issue statements pledging their support decided by the Supreme Court for the the grocery store and around Rhode Is- for a Supreme Court nominee that next several decades is hanging in the land, telling me about how the ACA President Trump has not even nomi- balance. That Republicans want to had benefited them and their families nated. However, in the 4 months since speed through their nominee shows not and urging me to do everything in my the Heroes Act passed the House, they only their disdain for the will of the power to stop the Republican effort to have not been able to muster any ur- repeal the law. I was not alone in this. American people but, also, their lack of gency to help the millions affected by I know my colleagues on both sides of confidence that voters support these the COVID pandemic. Indeed, my col- the aisle were hearing similar concerns policy goals and those who wrongly leagues on the other side of the aisle from their constituents. espouse them. keep bidding down the amount of as- President Trump and congressional The only good that may come of this sistance they want to provide. Republicans did not expect that they is that the American people will gain Public health experts and economists wouldn’t be able to convince everyone an even clearer understanding of what alike have been sounding the alarm for in their party to go along with this is at stake. The American public now weeks about what will happen if Con- scheme. As we all remember, late one has a clear choice, and I have no doubt gress does not provide further assist- night in July 2017, while voting on the that it will make the right one. They ance. They warned that, without re- Republican TrumpCare bill, my friend can see and understand what Majority sources for testing, contact tracing, and my chairman, Senator John Leader MCCONNELL is doing. and other critical public health inter- McCain, shortly before his death, cou- At the very time the majority leader ventions, the case counts and deaths rageously stood up and gave their pro- should be joining with us to protect the will only increase. They warned that, posal a thumbs-down, saying enough health of the American people in the without rental, unemployment, and was enough. midst of so much suffering and needless food assistance, evictions would sky- The following year, the American death during this pandemic, they are, rocket and households with children people swiftly voted many Republicans instead, undertaking a misguided and will go hungry. They warned that out of office, handing control of the unjustifiable effort to ram through a States would have to resort to deep House of Representatives to Demo- Supreme Court nomination. While I budget cuts and layoffs without addi- crats, largely because of healthcare. have little belief that Majority Leader tional aid. Democrats won by vowing to protect MCCONNELL will change his plans, I My Republican colleagues dis- the ACA for the American people. would hope that my colleagues would regarded these warnings even as So, now, President Trump and con- take a moment and look at where we COVID–19 numbers continued to climb gressional Republicans are counting on are. We can debate how we got here, and even after the pandemic unemploy- the courts to overturn the ACA for but right now the matters before us are ment assistance and Paycheck Protec- them. They have spent the last 3 years profound. I hope a few in the majority tion Program expired. They looked for stacking the courts with judicial nomi- decide to reconsider and take a step excuses not to act, only pausing to nees who they think will rule against back from their maximalist power the- bring up their so-called skinny bills, the ACA, regardless of the facts or ory and leave this issue to the next ses- which fell woefully short of providing merits of the case. sion. the help that is needed for families, With the passing of Justice Ruth Until then, I will do everything I can businesses, and the States. Bader Ginsburg, they have their oppor- to honor Justice Ginsburg and her

VerDate Sep 11 2014 01:09 Sep 26, 2020 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD20\SEPTEMBER\S23SE0.REC S23SE0 abonner on DSK9F5VC42PROD with CONG-REC-ONLINE September 23, 2020 CONGRESSIONAL RECORD — SENATE S5827 life’s work for what is right and what is local employers’ demands and enter the most sacred—charge. He helped pre- fair. We will demand justice for the workforce prepared to fill good-paying serve the birthplace of our most fa- American people to make sure that jobs. mous Kentuckian, Abraham Lincoln. their voices are heard. His many achievements have brought Tommy took seriously his role in hon- I yield the floor. national acclaim for both Jay and oring Lincoln, and Kentucky will con- I suggest the absence of a quorum. KCTCS. U.S. Secretary of Commerce tinue to benefit from his enthusiasm The PRESIDING OFFICER. The Wilbur Ross and Advisor to the Presi- for our Nation’s 16th President. clerk will call the roll. dent Ivanka Trump appointed him to Along with a group of motivated citi- The bill clerk proceeded to call the be the voice for community colleges on zens, Tommy helped establish the Lin- roll. the American Workforce Policy Advi- coln Museum in Hodgenville. In a typ- Mr. MCCONNELL. Madam President, sory Board. Jay collaborates with lead- ical year, thousands of tourists will I ask unanimous consent that the order ers from educational institutions, gov- visit the museum and the nearby Abra- for the quorum call be rescinded. ernments, and some of the country’s ham Lincoln National Historical Park. The PRESIDING OFFICER. Without largest employers to increase prepared- Tommy championed an effort to ex- objection, it is so ordered. ness in the workforce. Jay is also a pand the National Park by coordinating a donation to include Lincoln’s f member of the national board for Re- building America’s Middle Class and Boyhood Home on Knob Creek. This LEGISLATIVE SESSION the Bill and Melinda Gates Founda- year, Kentucky Living Magazine tion’s National Advisory Group. named the Lincoln Museum as the Commonwealth’s Best Museum, a well- MORNING BUSINESS I have had the privilege to work directly with Jay to serve Kentucky’s deserved distinction for their efforts to Mr. MCCONNELL. Madam President, students. I am particularly grateful for safeguard the Great Emancipator’s leg- I ask unanimous consent that the Sen- his leadership to save Southeast Ken- acy. ate proceed to legislative session for a tucky Community and Technical Col- In 2000, Congress created the Abra- period of morning business, with Sen- lege, SKCTC, from losing its ability to ham Lincoln Bicentennial Commission ators permitted to speak for up to 10 offer Federal student aid. Working to prepare national celebrations for the minutes each. closely with Jay, I inserted a legisla- President’s 200th birthday. Rec- The PRESIDING OFFICER. Without tive provision to give the school a rea- ommended by Kentucky’s Governor at objection, it is so ordered. sonable opportunity to make its case the time and appointed by the Presi- f to the U.S. Department of Education. dent, Tommy was a fine choice to serve as a commissioner. Hodgenville would TRIBUTE TO DR. JAY BOX Jay and his team did just that, showing SKCTC’s many contributions to its later host the celebration’s National Mr. MCCONNELL. Madam President, students and community. I am proud Opening Ceremony and lead the coun- more than 100,000 Kentuckians choose to say the school continues to thrive try in honoring President Lincoln. Over the years, I have worked with every year to pursue a degree or de- and help prepare Kentucky students to Tommy to preserve Lincoln’s heritage velop their skills through the Ken- excel in the workforce. in LaRue County and to deliver for the tucky Community and Technical Col- Jay announced he would begin his community’s bright future. It has also lege System, KCTCS. Composed of 16 well-deserved retirement in July. How- been a privilege to join Tommy’s radio colleges within a short drive of vir- ever, when the coronavirus crisis show to speak directly with local fami- tually every Kentucky household, struck, he once again showed true lead- lies about their priorities and my work KCTCS has helped over 1 million Ken- ership. Jay delayed his retirement to tucky students receive an affordable for Kentucky in the Senate. continue serving Kentucky’s students Tommy spent half of his life as and quality education. Today, I would and ensure KCTCS received the steady like to recognize my friend, Dr. Jay LaRue County’s judge-executive. The leadership transition it deserves. results of his leadership can be seen Box, who has served as KCTCS’ second Over the years, Jay has helped edu- president for the last 5 years and is a across the county in its growth and op- cate students, encourage industry, and portunity. I would like to encourage leading architect of its success. As Jay drive growth in nearly every corner of retires at the end of this month, my my Senate colleagues to join me in Kentucky. It is a remarkable legacy, thanking Tommy for his service and home State will send him off with our and I hope he and Gayle are proud of sincere gratitude. for preserving the memory of one of their accomplishments. I ask my Sen- our country’s greatest leaders. In Nearly two decades ago, Jay and his ate colleagues to join me in congratu- wife Gayle left Texas to join KCTCS. I whatever comes next for Tommy, I lating Dr. Jay Box on his retirement wish him the best. I look forward to his am so glad they did. Jay brought with and to wish him many wonderful years continued contributions to our great him a personal belief in the importance to come. Commonwealth. of lifelong learning to adapt to a f changing workforce. That vision has f served Jay and KCTCS’ students well TRIBUTE TO TOMMY TURNER SUPREME COURT NOMINATIONS while preparing them for 21st century Mr. MCCONNELL. Madam President, Mrs. LOEFFLER. Madam President, careers. when my friend Tommy Turner was Mrs. Kelly Loeffler, of Georgia, rejects Jay was quickly recognized for his first elected to lead LaRue County in the assertion by Mr. CHUCK SCHUMER, transformative leadership at Hazard 1985, he was the youngest Kentuckian of New York, that there is no precedent Community and Technical College. to ever serve as a county judge-execu- for a Supreme Court justice being con- Tapping into his talent, he was given tive. Now, 35 years later, Tommy re- firmed after July 1 in a Presidential statewide responsibilities as KCTCS cently announced he would leave office election year. vice president, chancellor, then finally as our Commonwealth’s longest cur- In fact on three separate occasions, a its president. In each role, Jay has con- rently serving county leader. Records duly-elected President appointed and stantly delivered for Kentucky stu- bookend his service, and more accom- the Senate confirmed a Supreme Court dents. plishments fill the years between. I justice in a Presidential election year: As president, Jay placed a renewed would like to take a moment to con- John Hessin Clarke: confirmed by the emphasis on helping students complete gratulate Tommy on his decades of Senate on July 24, 1916; George Shiras, their degrees with a record number of leadership for LaRue County and to Jr.: confirmed by the Senate on July graduates and credentials. He also en- thank him for his many contributions 26, 1892; and Melville Fuller: confirmed couraged schools to remove barriers, to to Kentucky. by the Senate on July 20, 1888. support students pursuing GEDs and Every county judge-executive is re- The Constitution does not limit the college credit at the same time, and to sponsible for local services such as the President’s nomination powers during form partnerships with job creators to county’s budget and road maintenance. the fourth year of his term. close the skills gap. As a result, grad- As LaRue County’s leader, however, I support President Donald J. uates are gaining the skills to meet Tommy was given an additional—al- Trump’s decision to nominate a justice

VerDate Sep 11 2014 05:30 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G23SE6.061 S23SEPT1 ctelli on DSK30NT082PROD with SENATE S5828 CONGRESSIONAL RECORD — SENATE September 23, 2020 to the Supreme Court who will uphold small businesses and entrepreneurs Rhonda attended Casper College, earn- the rule of law and the Constitution as play in our communities. In addition to ing an associate’s degree in criminal written. I look forward to performing the more than 100 jobs created by the justice and social work and later my constitutional duty to advise and Bizzell Group, Dr. Bizzell serves on the earned her bachelor’s degree in social consent on his nominee before Novem- Maryland Board for the March of work from the University of Wyoming ber 3, 2020. Dimes, and he is president of the Delta at Casper College. f Lambda Chapter of the Alpha Phi Rhonda’s passion for her community Alpha Fraternity. and the well-being of her neighbors has NATIONAL SMALL BUSINESS I congratulate Dr. Bizzell for being shown time and again through her WEEK named Maryland’s Small Business Per- work as a counselor at the Youth Crisis Mr. CARDIN. Madam President, son of the Year, and I thank him and Center, the Wyoming Behavioral Insti- today I thank the 30 million small his colleagues at the Bizzell Group for tute, and Central Wyoming Counseling businesses in America for their con- their efforts to keep our communities Center. In 2011, Rhonda cofounded Cas- tributions to our economy during this informed about COVID–19 during this per Family Connections. Their mission year’s National Small Business Week, unprecedented public health crisis. I is to provide children who are unable which began on Sunday, September 20 am proud to represent them in the U.S. to live with one or both parents a safe and ends on Saturday, September 26. Senate. and conflict-free environment. They National Small Business Week is the Now more than ever, these contribu- provide also for healthy contact with time of year when we come together to tions to our economy and communities the noncustodial family. They offer celebrate our Nation’s small businesses deserve to be recognized. Dr. Bizzel and parenting classes as well as mental for their role in moving our economy the many small business owners like health services on top of their impor- forward by boosting local economies, him in communities across the nation tant mission, giving children and fami- improving industries through innova- are why I will continue to fight for lies a strong foundation on which to tion, and employing nearly half of our Congress to pass another economic rebuild. country’s workforce. lief bill that meets the needs of our Family holds a particularly special Taking time to recognize our Na- communities and small businesses. So place in Rhonda’s life. She raised two tion’s small businesses is especially many of our Nation’s small businesses children, Greg and Kendra. Together, important this year due to the many have stepped up for us, and Congress Greg and Rhonda own and operate E&F ways—big and small—that our small must once again do the same for them. Towing and Transport in Casper. She also serves on the Boys and Girls Clubs businesses have stepped up to help our f communities get through the pan- of Central Wyoming board of directors demic. TRIBUTE TO RHONDA ZIMMERMAN along with her brother Mitch. In my home State of Maryland, I Mr. BARRASSO. Madam President, I Rhonda sets an example everyone can have seen distilleries use their facili- rise today in celebration of Rhonda follow. She is the first to offer a help- ties to make hand sanitizer when sup- Zimmerman, the Boys and Girls Club ing hand and shows a passion for im- plies were low; I have seen lacrosse of Central Wyoming’s 2020 honoree. proving the lives of others. The Code of equipment manufacturers produce face Since 1978, the Boys and Girls Clubs the West charges us to live each day shields and masks for doctors and first of Central Wyoming has worked to with courage. Not only does Rhonda responders; and I have heard stories make a positive difference in the lives embody this principle, but she gives ev- about the many small government con- of children. Their mission is to inspire eryone around her the tools they need tractors that are helping Federal agen- all youth, especially those who need to live the same. Wyoming, Casper, and cies address COVID–19. Today I am them the most. They strive to help the Boys and Girls Club of Central Wy- proud to recognize the founder of one young people reach their full potential oming are fortunate to have her. It is with great honor that I recog- of those small government contractors, as productive, responsible, and caring nize this outstanding member of our Dr. Anton Bizzell, who has been named citizens. The programs, leagues, and Wyoming community. My wife, Bobbi, Maryland Small Business Person of the activities serve the children in our joins me in extending our congratula- Year by the Small Business Adminis- community by cultivating academic tions to Rhonda Zimmerman upon her tration. success, healthy lifestyles, and good selection for this special award. Dr. Bizzell’s company, the Bizzell character and citizenship. Group, is an 8(a) certified small busi- On October 21, 2020, the Boys and f ness that specializes in strategy and Girls Club of Central Wyoming will ADDITIONAL STATEMENTS technology and works at the forefront host the 22nd Annual Awards and Rec- of public health issues. Most recently, ognition Breakfast. Every year at this the Bizzell Group has been helping the event, the Boys and Girls Club honors a HISTORIC ASHE HOSPITAL Centers for Disease Control and Pre- member of the community who has ∑ Mr. TILLIS. Madam President, I rise vention keep our communities aware of made outstanding contributions to today to honor the achievements of the the latest information regarding the their organization, Wyoming youth, organizations and people who led the COVID–19 pandemic. and the city of Casper. It is an inspir- successful redevelopment of Historic After more than 25 years of experi- ing celebration. Ashe Hospital in Jefferson, NC. This ence in health services, policy, and This year’s honoree is Rhonda Zim- once abandoned property on the Na- management, Dr. Bizzell founded the merman. She is an ideal choice to re- tional Register of Historic Places Bizzell Group in 2010 to provide data- ceive this honor because of her lifelong today provides 46 affordable homes for driven and innovative solutions to cli- dedication to our children and families. seniors, people with disabilities, and ents in an effort to build healthy, se- With this award, the Boys and Girls homeless individuals at a time when cure, and connected communities. In Club of Central Wyoming shows their affordable housing is needed more than the years since, the company has gratitude for Rhonda’s work, which ever. grown to include nearly 100 employees mirrors the Club’s important mission. This incredible property was devel- with four offices in Lanham, Rockville, Rhonda has given of her time and tal- oped through the use of the Low-In- Atlanta, GA, and the Democratic Re- ents to the youth of our community for come Housing Tax Credit, known as public of the Congo. her entire life. Being raised in the Zim- the Housing Credit. In North Carolina Dr. Bizzell has said, ‘‘Business is merman family, she was taught the and across the country, it is one of our most successful when done with integ- value of hard work and giving back to most important tools in the fight to rity, excellence, and heart, and success others. She grew up in Casper, the old- provide affordable housing for at-risk is when your end result makes the est of her siblings, Mitch, Michael, and families in our communities. More world a better place.’’ His philosophy is Renee, and with her loving parents, than 87,000 North Carolina homes have clearly at work at the Bizzell Group. Gail, Lois, and later Anne. Their char- been developed using the Housing Cred- Dr. Bizzell and the Bizzell Group are acter contributed greatly to Rhonda’s it, and more than 3 million homes na- a shining example of the vital role Christian values and giving nature. tionwide. They serve our low-income

VerDate Sep 11 2014 05:30 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A23SE6.012 S23SEPT1 ctelli on DSK30NT082PROD with SENATE September 23, 2020 CONGRESSIONAL RECORD — SENATE S5829 seniors, veterans, disabled individuals, (The message received today is print- Congress a plan to address the material and working families. ed at the end of the Senate pro- weakness of the Department of Veterans Af- That is why I am pleased to an- ceedings.) fairs, and for other purposes. nounce that this important site has H.R. 7795. An act to amend title 38, United f States Code, to improve the ability of vet- been recognized by the Affordable MESSAGE FROM THE HOUSE erans to access and submit disability benefit Housing Tax Credit Coalition as a 2020 questionnaire forms of the Department of recipient of the Charles L. Edson Tax At 11:35 a.m., a message from the Veterans Affairs. Credit Award, which recognizes excel- House of Representatives, delivered by H.R. 8276. An act to authorize the Presi- lence in the affordable housing indus- Mrs. Cole, one of its reading clerks, an- dent to posthumously award the Medal of try and organizations that have dem- nounced that the House has passed the Honor to Alwyn C. Cashe for acts of valor onstrated the most impactful use of following bill, without amendment: during Operation Iraqi Freedom. the Housing Credit. S. 743. An act to award a Congressional f Historic Ashe Hospital in Jefferson is Gold Medal to the soldiers of the 5307th Com- MEASURES REFERRED no exception. The historic building in- posite Unit (Provisional), commonly known The following bills were read the first cludes a community room for residents as ‘‘Merrill’s Marauders’’, in recognition of and the second times by unanimous to gather, office space for those now their bravery and outstanding service in the consent, and referred as indicated: working from home, a library for resi- jungles of Burma during World War II. The message also announced that the H.R. 991. An act to extend certain provi- dents of all ages, and a memory room sions of the Caribbean Basin Economic Re- with artifacts from the original hos- House has passed the following bills, in covery Act until September 30, 2030, and for pital. Wide hallways, tall ceilings, and which it requests the concurrence of other purposes; to the Committee on Fi- large windows remind residents of the the Senate: nance. great public spaces of the past and H.R. 991. An act to extend certain provi- H.R. 1923. An act to amend title 31, United beautiful views of the Blue Ridge sions of the Caribbean Basin Economic Re- States Code, to require the Secretary of the Mountains. covery Act until September 30, 2030, and for Treasury to mint and issue certain circu- Historic Ashe is also located across other purposes. lating collectible coins, and for other pur- the street from the Appalachian Dis- H.R. 1923. An act to amend title 31, United poses; to the Committee on Banking, Hous- States Code, to require the Secretary of the ing, and Urban Affairs. trict Health Department, which deliv- H.R. 2166. An act to authorize a com- ers services including case manage- Treasury to mint and issue certain circulating collectible coins, and for other pur- prehensive, strategic approach for United ment, skilled nursing, physical and oc- poses. States foreign assistance to developing coun- cupational therapy, and respite care. H.R. 2166. An act to authorize a com- tries to strengthen global health security, Vaya Health of western North Carolina prehensive, strategic approach for United and for other purposes; to the Committee on provides a variety of mental health States foreign assistance to developing coun- Health, Education, Labor, and Pensions. services on-site, and other community tries to strengthen global health security, H.R. 3010. An act to amend title 38, United and for other purposes. States Code, to establish a mission state- partners provide GED classes to those ment of the Department of Veterans Affairs; interested, transportation to the local H.R. 3010. An act to amend title 38, United States Code, to establish a mission state- to the Committee on Veterans’ Affairs. senior center, volunteer opportunities, H.R. 4864. An act to develop and implement ment of the Department of Veterans Affairs. policies to advance early childhood develop- and a variety of other education and H.R. 3228. An act to amend title 38, United ment, to provide assistance for orphans and support services. States Code, to authorize health professional other vulnerable children in developing It is truly a monumental achieve- trainees to provide treatment via telemedi- countries, and for other purposes; to the ment in terms of creative property de- cine, and for other purposes. velopment and the judicious use of pub- Committee on Foreign Relations. H.R. 4104. An act to require the Secretary H.R. 4908. An act to amend title 38, United lic and private funding to benefit the of the Treasury to mint a coin in commemo- States Code, to prohibit the collection of a residents of Jefferson, while contrib- ration of the 100th anniversary of the estab- health care copayment by the Secretary of uting to the Nation’s vital supply of af- lishment of the Negro Leagues baseball. Veterans Affairs from a veteran who is a fordable housing. H.R. 4864. An act to develop and implement member of an Indian tribe; to the Committee Several groups and individuals were policies to advance early childhood develop- on Veterans’ Affairs. instrumental in bringing the project to ment, to provide assistance for orphans and H.R. 5664. An act to amend the Trafficking other vulnerable children in developing Victims Protection Act of 2000 to ensure ade- fruition, including Northwestern Hous- countries, and for other purposes. ing Enterprises, Incorporated, Red- quate time for the preparation of the annual H.R. 4908. An act to amend title 38, United Trafficking in Persons Report, require the stone Equity Partners, Foss & Com- States Code, to prohibit the collection of a timely provision of information to the Office pany, Bank of Tennessee, Federal health care copayment by the Secretary of to Monitor and Combat Trafficking in Per- Home Loan Bank of Cincinnati, Tise- Veterans Affairs from a veteran who is a sons and the Bureau of Diplomatic Security Kiester Architects of Chapel Hill, and member of an Indian tribe. of the Department of State regarding the notably E. G. ‘‘Ned’’ Fowler, President H.R. 5664. An act to amend the Trafficking number and location of visa denials based, in Victims Protection Act of 2000 to ensure ade- of Northwestern Housing Enterprises. whole or in part, on grounds related to quate time for the preparation of the annual human trafficking, and for other purposes; to To everyone involved in the develop- Trafficking in Persons Report, require the ment of Historic Ashe Hospital for af- the Committee on Foreign Relations. timely provision of information to the Office H.R. 6092. An act to direct the Secretary of fordable housing in Jefferson, I offer to Monitor and Combat Trafficking in Per- Veterans Affairs to establish a national clin- my congratulations and gratitude on sons and the Bureau of Diplomatic Security ical pathway for prostate cancer, access to behalf of the people of North Carolina. of the Department of State regarding the life-saving extending precision clinical trials Thank you.∑ number and location of visa denials based, in and research, and for other purposes; to the whole or in part, on grounds related to f Committee on Veterans’ Affairs. human trafficking, and for other purposes. H.R. 6192. An act to require the Secretary MESSAGE FROM THE PRESIDENT H.R. 6092. An act to direct the Secretary of of the Treasury to honor the 100th anniver- A message from the President of the Veterans Affairs to establish a national clin- sary of completion of coinage of the ‘‘Morgan ical pathway for prostate cancer, access to United States was communicated to Dollar’’ and the 100th anniversary of com- life-saving extending precision clinical trials mencement of coinage of the ‘‘Peace Dollar’’, the Senate by Ms. Ridgway, one of his and research, and for other purposes. and for other purposes; to the Committee on secretaries. H.R. 6192. An act to require the Secretary Banking, Housing, and Urban Affairs. f of the Treasury to honor the 100th anniver- H.R. 6210. An act ensuring that goods made sary of completion of coinage of the ‘‘Morgan with forced labor in the Xinjiang Uyghur Au- EXECUTIVE MESSAGE REFERRED Dollar’’ and the 100th anniversary of com- tonomous Region of the People’s Republic of In executive session the Presiding Of- mencement of coinage of the ‘‘Peace Dollar’’, China do not enter the United States mar- ficer laid before the Senate a message and for other purposes. ket, and for other purposes; to the Com- from the President of the United H.R. 6210. An act ensuring that goods made mittee on Foreign Relations. States submitting a nomination which with forced labor in the Xinjiang Uyghur Au- H.R. 6589. An act to direct the Secretary of tonomous Region of the People’s Republic of Veterans Affairs to develop and submit to was referred to the Committee on In- China do not enter the United States mar- Congress a plan to address the material telligence to be sequentially referred ket, and for other purposes. weakness of the Department of Veterans Af- to the Committee on Homeland Secu- H.R. 6589. An act to direct the Secretary of fairs, and for other purposes; to the Com- rity and Governmental Affairs. Veterans Affairs to develop and submit to mittee on Veterans’ Affairs.

VerDate Sep 11 2014 06:14 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A23SE6.008 S23SEPT1 ctelli on DSK30NT082PROD with SENATE S5830 CONGRESSIONAL RECORD — SENATE September 23, 2020 H.R. 7795. An act to amend title 38, United Environmental Protection Agency, transmit- pursuant to law, the report of a rule entitled States Code, to improve the ability of vet- ting, pursuant to law, the report of a rule en- ‘‘Medicare Program; Specialty Care Models erans to access and submit disability benefit titled ‘‘Air Plan Approval; Texas; Construc- to Improve Quality of Care and Reduce Ex- questionnaire forms of the Department of tion Prior to Permit Amendment’’ (FRL No. penditures’’ (RIN0938–AT89) received in the Veterans Affairs; to the Committee on Vet- 10014–57–Region 6) received in the Office of Office of the President of the Senate on Sep- erans’ Affairs. the President of the Senate on September 21, tember 22, 2020; to the Committee on Fi- f 2020; to the Committee on Environment and nance. Public Works. EC–5525. A communication from the Chief MEASURES PLACED ON THE EC–5516. A communication from the Direc- of the Publications and Regulations Branch, CALENDAR tor of the Regulatory Management Division, Internal Revenue Service, Department of the Environmental Protection Agency, transmit- Treasury, transmitting, pursuant to law, the The following bills were read the sec- ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘Limitation on De- ond time, and placed on the calendar: titled ‘‘Wyoming Underground Injection duction for Business Interest Expense’’ S. 4653. A bill to protect the healthcare of Control Program; Class VI Primacy’’ (FRL ((RIN1545–BO73) (TD 9905)) received in the Of- hundreds of millions of people of the United No. 10013–68–OW) received in the Office of the fice of the President of the Senate on Sep- States and prevent efforts of the Department President of the Senate on September 21, tember 21, 2020; to the Committee on Fi- of Justice to advocate courts to strike down 2020; to the Committee on Environment and nance. the Patient Protection and Affordable Care Public Works. EC–5526. A communication from the Acting Act. EC–5517. A communication from the Direc- Assistant Secretary of State, Legislative Af- H.R. 8337. An act making continuing appro- tor of the Regulatory Management Division, fairs, Department of State, transmitting, priations for fiscal year 2021, and for other Environmental Protection Agency, transmit- pursuant to law, a report relative to the sta- purposes. ting, pursuant to law, the report of a rule en- tus of deconfliction channels with Iran; to titled ‘‘Significant New Use Rules on Certain the Committee on Foreign Relations. The following bill was read the first Chemical Substances (19–5.B)’’ (FRL No. EC–5527. A communication from the Ad- and second times by unanimous con- 10013–95–OCSPP) received in the Office of the ministrator, Federal Emergency Manage- sent, and placed on the calendar: President of the Senate on September 21, ment Agency, Department of Homeland Se- H.R. 3228. An act to amend title 38, United 2020; to the Committee on Environment and curity, transmitting, pursuant to law, a re- States Code, to authorize health professional Public Works. port relative to the cost of response and re- trainees to provide treatment via telemedi- EC–5518. A communication from the Direc- covery efforts for FEMA–3538-EM in the cine, and for other purposes. tor of the Legal Processing Division, Inter- State of Louisiana having exceeded the nal Revenue Service, Department of the $5,000,000 limit for a single emergency dec- f Treasury, transmitting, pursuant to law, the laration; to the Committee on Homeland Se- MEASURES READ THE FIRST TIME report of a rule entitled ‘‘Miscellaneous curity and Governmental Affairs. Changes Under the Setting Every Commu- EC–5528. A communication from the Ad- The following bill was read the first nity Up for Retirement Enhancement Act of ministrator, Federal Emergency Manage- time: 2019 and the Bipartisan American Miners Act ment Agency, Department of Homeland Se- S. 4675. A bill to amend the Health Insur- of 2019’’ (Notice 2020–68) received in the Office curity, transmitting, pursuant to law, a re- ance Portability and Accountability Act. of the President of the Senate on September port relative to the cost of response and re- 21, 2020; to the Committee on Finance. covery efforts for FEMA–3540-EM in the f EC–5519. A communication from the Direc- State of Texas having exceeded the $5,000,000 EXECUTIVE AND OTHER tor of the Legal Processing Division, Inter- limit for a single emergency declaration; to COMMUNICATIONS nal Revenue Service, Department of the the Committee on Homeland Security and Treasury, transmitting, pursuant to law, the Governmental Affairs. The following communications were report of a rule entitled ‘‘Notice Regarding EC–5529. A communication from the Ad- laid before the Senate, together with the Special Per Diem Rates for 2020–2021’’ ministrator, Federal Emergency Manage- accompanying papers, reports, and doc- (Notice 2020–71) received in the Office of the ment Agency, Department of Homeland Se- uments, and were referred as indicated: President of the Senate on September 21, curity, transmitting, pursuant to law, a re- 2020; to the Committee on Finance. port relative to the cost of response and re- EC–5511. A communication from the Direc- EC–5520. A communication from the Chief covery efforts for FEMA–3529-EM in the tor of the Regulatory Management Division, of the Publications and Regulations Branch, State of Hawaii having exceeded the Environmental Protection Agency, transmit- Internal Revenue Service, Department of the $5,000,000 limit for a single emergency dec- ting, pursuant to law, the report of a rule en- Treasury, transmitting, pursuant to law, the laration; to the Committee on Homeland Se- titled ‘‘Trichoderma asperellum, strain T34; report of a rule entitled ‘‘Modifications to curity and Governmental Affairs. Exemption from the Requirement of a Toler- Rev. Proc. 2016–37 and Rev. Proc. 2019–39’’ EC–5530. A communication from the Direc- ance’’ (FRL No. 10013–33–OCSPP) received in (Rev. Proc. 2020–40) received in the Office of tor, Office of Acquisition Policy, General the Office of the President of the Senate on the President of the Senate on September 21, Services Administration, transmitting, pur- September 21, 2020; to the Committee on Ag- 2020; to the Committee on Finance. suant to law, the report of a rule entitled riculture, Nutrition, and Forestry. EC–5521. A communication from the Chief ‘‘Federal Acquisition Regulation; Federal EC–5512. A communication from the Direc- of the Publications and Regulations Branch, Acquisition Circular 2020–09, Small Entity tor of the Regulatory Management Division, Internal Revenue Service, Department of the Compliance Guide’’ (FAC 2020–09) received in Environmental Protection Agency, transmit- Treasury, transmitting, pursuant to law, the the Office of the President of the Senate on ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘Update to Rev. Rul. September 17, 2020; to the Committee on titled ‘‘Pseudomonas fluorescens strain 94–74’’ (Rev. Rul. 2020–19) received in the Of- Homeland Security and Governmental Af- ACK55; Exemption from the Requirement of fice of the President of the Senate on Sep- fairs. a Tolerance’’ (FRL No. 10013–27–OCSPP) re- tember 21, 2020; to the Committee on Fi- EC–5531. A communication from the Direc- ceived in the Office of the President of the nance. tor, Office of Acquisition Policy, General Senate on September 21, 2020; to the Com- EC–5522. A communication from the Acting Services Administration, transmitting, pur- mittee on Agriculture, Nutrition, and For- Assistant Secretary, Legislative Affairs, De- suant to law, the report of a rule entitled estry. partment of State, transmitting, pursuant to ‘‘Federal Acquisition Regulation; Federal EC–5513. A communication from the Fed- the Convention on Cultural Property Imple- Acquisition Circular 2020–09, Introduction’’ eral Register Liaison Officer, Office of the mentation Act, a report relative to actions (FAC 2020–09) received in the Office of the Secretary, Department of Defense, transmit- taken in fiscal year 2019 to conclude cultural President of the Senate on September 17, ting, pursuant to law, the report of a rule en- property agreements with Bulgaria, China, 2020; to the Committee on Homeland Secu- titled ‘‘User Fees’’ (RIN0790–AK45) received Honduras, and Algeria; to the Committee on rity and Governmental Affairs. in the Office of the President of the Senate Finance. EC–5532. A communication from the Execu- on September 17, 2020; to the Committee on EC–5523. A communication from the Acting tive Director, Office of General Counsel, Fed- Armed Services. Assistant Secretary, Legislative Affairs, De- eral Retirement Thrift Investment Board, EC–5514. A communication from the Presi- partment of State, transmitting, pursuant to transmitting, pursuant to law, the report of dent of the United States, transmitting, pur- the Convention on Cultural Property Imple- a rule entitled ‘‘Temporary Waiver of Nota- suant to law, a report on the continuation of mentation Act, three (3) reports of the Cul- rization Requirement for Spousal Consent; the national emergency with respect to per- tural Property Advisory Committee (CPAC) Withdrawal of Interim Rule’’ (5 CFR Part sons who commit, threaten to commit, or from 2019 relative to memoranda of under- 1650) received in the Office of the President support terrorism that was established in standing and cultural property agreements; of the Senate on September 21, 2020; to the Executive Order 13224 on September 23, 2001, to the Committee on Finance. Committee on Homeland Security and Gov- as amended; to the Committee on Banking, EC–5524. A communication from the Regu- ernmental Affairs. Housing, and Urban Affairs. lations Coordinator, Centers for Medicare EC–5533. A communication from the Execu- EC–5515. A communication from the Direc- and Medicaid Services, Department of tive Director, Office of General Counsel, Fed- tor of the Regulatory Management Division, Health and Human Services, transmitting, eral Retirement Thrift Investment Board,

VerDate Sep 11 2014 06:14 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A23SE6.014 S23SEPT1 ctelli on DSK30NT082PROD with SENATE September 23, 2020 CONGRESSIONAL RECORD — SENATE S5831 transmitting, pursuant to law, the report of and Human Services, transmitting, pursuant EC–5550. A communication from the Legal a rule entitled ‘‘Financial hardship with- to law, the report of a rule entitled ‘‘Control Yeoman, U.S. Coast Guard, Department of drawals’’ (5 CFR Part 1650) received in the of Communicable Diseases; Foreign Quar- Homeland Security, transmitting, pursuant Office of the President of the Senate on Sep- antine: Suspension of the Right to Introduce to law, the report of a rule entitled ‘‘Draw- tember 21, 2020; to the Committee on Home- and Prohibition of Introduction of Persons bridge Operation Regulation; Trent River, land Security and Governmental Affairs. into United States from Designated Foreign New Bern, North Carolina’’ ((RIN1625–AA09) EC–5534. A communication from the Acting Countries or Places for Public Health Pur- (Docket No. USCG–2020–0027)) received in the Director, Office of Personnel Management, poses’’ (RIN0920–AA76) received in the Office Office of the President of the Senate on Sep- transmitting, pursuant to law, the report of of the President of the Senate on September tember 21, 2020; to the Committee on Com- a rule entitled ‘‘Federal Employees’ Retire- 22, 2020; to the Committee on Health, Edu- merce, Science, and Transportation. ment System; Present Value Conversion cation, Labor, and Pensions. EC–5551. A communication from the Legal Factors for Spouses of Deceased Separated EC–5542. A communication from the Dep- Yeoman, U.S. Coast Guard, Department of Employees’’ (RIN3206–AO03) received in the uty Assistant Attorney General, Office of Homeland Security, transmitting, pursuant Office of the President of the Senate on Sep- Legislative Affairs, Department of Justice, to law, the report of a rule entitled ‘‘Safety tember 22, 2020; to the Committee on Home- transmitting, pursuant to law, a report enti- Zone; Northern Atlantic Ocean, Nahant, land Security and Governmental Affairs. tled ‘‘Fiscal Year 2019 Annual Civil Debt Col- Massachusetts’’ ((RIN1625–AA008) (Docket EC–5535. A communication from the Acting lection Activity Report to Congress’’; to the No. USCG–2020–0446)) received in the Office of Director, Office of Personnel Management, Committee on the Judiciary. the President of the Senate on September 21, transmitting, pursuant to law, the report of EC–5543. A communication from the Prin- 2020; to the Committee on Commerce, a rule entitled ‘‘Federal Employees’ Retire- cipal Deputy Assistant Attorney General, Of- Science, and Transportation. ment System; Normal Cost Percentage for fice of Legislative Affairs, Department of EC–5552. A communication from the Legal Certain Members of the Capitol Police’’ Justice, transmitting, pursuant to law, a re- Yeoman, U.S. Coast Guard, Department of (RIN3206–AO02) received in the Office of the port relative to the Victims Compensation Homeland Security, transmitting, pursuant President of the Senate on September 22, Fund established by the Witness Security to law, the report of a rule entitled ‘‘Safety 2020; to the Committee on Homeland Secu- Reform Act of 1984; to the Committee on the Zone; Lake Pontchartrain’’ ((RIN1625–AA00) rity and Governmental Affairs. Judiciary. (Docket No. USCG–2020–0510)) received in the EC–5536. A communication from the Dep- EC–5544. A communication from the Asso- Office of the President of the Senate on Sep- uty Assistant General Counsel, Office of ciate Chief, Wireline Competition Bureau, tember 21, 2020; to the Committee on Com- Postsecondary Education, Department of Federal Communications Commission, trans- merce, Science, and Transportation. Education, transmitting, pursuant to law, mitting, pursuant to law, the report of a rule EC–5553. A communication from the Legal the report of a rule entitled ‘‘Final Prior- entitled ‘‘Schools and Libraries Universal Yeoman, U.S. Coast Guard, Department of ities, Requirements, and Definitions-Fund Service Support Mechanism’’ ((RIN3060– Homeland Security, transmitting, pursuant for the Improvement of Postsecondary Edu- AK57) (CC Docket No. 02–6)) received in the to law, the report of a rule entitled ‘‘Safety cation-Open Textbooks Pilot Program’’ (34 Office of the President of the Senate on Sep- Zone; Atlantic Intracoastal Waterway, Horry CRF Chapter VI) received in the Office of the tember 22, 2020; to the Committee on Com- County, Safety Zone; St Johns River and At- President of the Senate on September 22, merce, Science, and Transportation. lantic Ocean, Jacksonville, Florida’’ 2020; to the Committee on Health, Education, EC–5545. A communication from the Pro- ((RIN1625–AA00) (Docket No. USCG–2020– Labor, and Pensions. gram Analyst, Office of Managing Director, 0382)) received in the Office of the President EC–5537. A communication from the Dep- Federal Communications Commission, trans- of the Senate on September 21, 2020; to the uty Assistant General Counsel, Office of mitting, pursuant to law, the report of a rule Committee on Commerce, Science, and Postsecondary Education, Department of entitled ‘‘Assessment and Collection of Reg- Transportation. Education, transmitting, pursuant to law, ulatory Fees for fiscal year 2020, Report and EC–5554. A communication from the Legal the report of a rule entitled ‘‘Distance Edu- Order and Further Notice of Proposed Rule- Yeoman, U.S. Coast Guard, Department of cation and Innovation’’ (RIN1840–AD38) re- making’’ ((FCC 20–120) (MD Docket No. 20– Homeland Security, transmitting, pursuant ceived in the Office of the President of the 105)) received in the Office of the President to law, the report of a rule entitled ‘‘Safety Senate on September 22, 2020; to the Com- of the Senate on September 22, 2020; to the Zone; September Fairport Parade; Lake mittee on Health, Education, Labor, and Committee on Commerce, Science, and Erie, Fairport, Ohio’’ ((RIN1625–AA00) (Dock- Pensions. Transportation. et No. USCG–2020–0539)) received in the Office EC–5538. A communication from the Acting EC–5546. A communication from the Legal of the President of the Senate on September Assistant Secretary, Employee Benefits Se- Yeoman, U.S. Coast Guard, Department of 21, 2020; to the Committee on Commerce, curity Administration, Department of Labor, Homeland Security, transmitting, pursuant Science, and Transportation. transmitting, pursuant to law, the report of to law, the report of a rule entitled ‘‘Special EC–5555. A communication from the Legal a rule entitled ‘‘Pension Benefit Statements Local Regulations; Low Country Splash, Yeoman, U.S. Coast Guard, Department of - Lifetime Income Illustrations’’ (RIN1210– Charleston, South Carolina’’ ((RIN1625–AA08) Homeland Security, transmitting, pursuant AB20) received in the Office of the President (Docket No. USCG–2020–0290)) received in the to law, the report of a rule entitled ‘‘Safety of the Senate on September 21, 2020; to the Office of the President of the Senate on Sep- Zones; Delaware River Dredging, Marcus Committee on Health, Education, Labor, and tember 21, 2020; to the Committee on Com- Hook, Pennsylvania’’ ((RIN1625–AA00) (Dock- Pensions. merce, Science, and Transportation. et No. USCG–2020–0545)) received in the Office EC–5539. A communication from the Direc- EC–5547. A communication from the Legal of the President of the Senate on September tor of Regulations and Policy Management Yeoman, U.S. Coast Guard, Department of 21, 2020; to the Committee on Commerce, Staff, Food and Drug Administration, De- Homeland Security, transmitting, pursuant Science, and Transportation. partment of Health and Human Services, to law, the report of a rule entitled ‘‘Emer- EC–5556. A communication from the Legal transmitting, pursuant to law, the report of gency Safety Zone; Lower Mississippi River, Yeoman, U.S. Coast Guard, Department of a rule entitled ‘‘Revocation of the Test for Knowlton Revetment, Arkansas’’ ((RIN1625– Homeland Security, transmitting, pursuant Mycoplasma’’ (RIN0910–AH95) received in the AA00) (Docket No. USCG–2020–0520)) received to law, the report of a rule entitled ‘‘Emer- Office of the President of the Senate on Sep- in the Office of the President of the Senate gency Safety Zone; Red River; Avoyelles tember 17, 2020; to the Committee on Health, on September 21, 2020; to the Committee on Parish, Louisiana’’ ((RIN1625–AA00) (Docket Education, Labor, and Pensions. Commerce, Science, and Transportation. No. USCG–2020–0503)) received in the Office of EC–5540. A communication from the Sec- EC–5548. A communication from the Legal the President of the Senate on September 21, retary of Education, transmitting, pursuant Yeoman, U.S. Coast Guard, Department of 2020; to the Committee on Commerce, to law, the report of a rule entitled ‘‘Direct Homeland Security, transmitting, pursuant Science, and Transportation. Grant Programs, State-Administered For- to law, the report of a rule entitled ‘‘Safety EC–5557. A communication from the Legal mula Grant Programs, Non Discrimination Zone; Victoria Barge Canal, Victoria, Texas’’ Yeoman, U.S. Coast Guard, Department of on the Basis of Sex in Education Programs ((RIN1625–AA00) (Docket No. USCG–2020– Homeland Security, transmitting, pursuant or Activities Receiving Federal Financial 0525)) received in the Office of the President to law, the report of a rule entitled ‘‘Safety Assistance, Developing Hispanic-Serving In- of the Senate on September 21, 2020; to the Zone; Erie Yacht Club 125th Anniversary stitutions Program, Strengthening Institu- Committee on Commerce, Science, and Summer Event, Presque Island Bay, Erie, tions Program, Strengthening Historically Transportation. Pennsylvania’’ ((RIN1625–AA00) (Docket No. Black Colleges and Universities Program, EC–5549. A communication from the Legal USCG–2020–0394)) received in the Office of the and Strengthening Historically Black Grad- Yeoman, U.S. Coast Guard, Department of President of the Senate on September 21, uate Institutions Program’’ (RIN1840–AD45) Homeland Security, transmitting, pursuant 2020; to the Committee on Commerce, received in the Office of the President of the to law, the report of a rule entitled ‘‘Safety Science, and Transportation. Senate on September 21, 2020; to the Com- Zone, Corpus Christi Ship Channel, Corpus EC–5558. A communication from the Legal mittee on Health, Education, Labor, and Christi, Texas’’ ((RIN1625–AA00) (Docket No. Yeoman, U.S. Coast Guard, Department of Pensions. USCG–2020–0543)) received in the Office of the Homeland Security, transmitting, pursuant EC–5541. A communication from the Regu- President of the Senate on September 21, to law, the report of a rule entitled ‘‘Naviga- lations Coordinator, Centers for Disease Con- 2020; to the Committee on Commerce, tion and Navigable Waters, and Shipping; trol and Prevention, Department of Health Science, and Transportation. Technical, Organizational, and Conforming

VerDate Sep 11 2014 06:14 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A23SE6.022 S23SEPT1 ctelli on DSK30NT082PROD with SENATE S5832 CONGRESSIONAL RECORD — SENATE September 23, 2020 Amendments’’ (Docket No. USCG–2020–0304) fact dictate how communities should meet cessing emergency medical services; to the received in the Office of the President of the their fair housing obligations, and the rule Committee on the Judiciary. Senate on September 21, 2020; to the Com- has produced concrete improvements in fair By Ms. HASSAN (for herself and Mr. mittee on Commerce, Science, and Transpor- housing, such as the commitment of Chester ENZI): tation. County, Pennsylvania to reduce the number S. 4663. A bill to amend title 31, United EC–5559. A communication from the Legal of Section 8 recipients living in high-poverty States Code, to save Federal funds by au- Yeoman, U.S. Coast Guard, Department of census tracts by five percentage points; and thorizing changes to the composition of cir- Homeland Security, transmitting, pursuant Whereas, It is altogether fitting, proper, culating coins, and for other purposes; to the to law, the report of a rule entitled ‘‘Safety and in the public interest, for this House to Committee on Banking, Housing, and Urban Zone; Atlantic Ocean, Cape Canaveral, Flor- express opposition to HUD’s proposed rule- Affairs. ida’’ ((RIN1625–AA00) (Docket No. USCG– making that would upend the AFFH rule and By Mrs. GILLIBRAND (for herself and 2020–0536)) received in the Office of the Presi- exacerbate housing inequities in both this Mr. SCHUMER): dent of the Senate on September 21, 2020; to State and across the United States; now, S. 4664. A bill to amend the Internal Rev- the Committee on Commerce, Science, and therefore, enue Code of 1986 to provide an exclusion Transportation. Be it resolved by the General Assembly of the from gross income for certain waste water EC–5560. A communication from the Legal State of New Jersey: management subsidies; to the Committee on Yeoman, U.S. Coast Guard, Department of 1. This House expresses its opposition to Finance. Homeland Security, transmitting, pursuant and disapproval of the United States Depart- By Mrs. GILLIBRAND: to law, the report of a rule entitled ‘‘Safety ment of Housing and Urban Development’s S. 4665. A bill to require senior officials to Zone; Atlantic Intracoastal Waterway, Horry proposed rulemaking revising its Affirma- report payments received from the Federal County, South Carolina’’ ((RIN1625–AA00) tively Furthering Fair Housing rule adopted Government and to improve the filing and (Docket No. USCG–2020–0498)) received in the in 2015. disclosure of financial disclosures by Mem- Office of the President of the Senate on Sep- 2. Copies of this resolution, as filed with bers of Congress, congressional staff, and tember 21, 2020; to the Committee on Com- the Secretary of State, shall be transmitted very senior employees; to the Committee on merce, Science, and Transportation. by the Clerk of the General Assembly to the Homeland Security and Governmental Af- fairs. f President and Vice President of the United States, the United States Secretary of Hous- By Mr. MENENDEZ (for himself and PETITIONS AND MEMORIALS ing and Urban Development, and each mem- Ms. COLLINS): ber of Congress elected from this State. S. 4666. A bill to establish the Commission The following petition or memorial on the Coronavirus Pandemic in the United was laid before the Senate and was re- f States; to the Committee on Health, Edu- ferred or ordered to lie on the table as INTRODUCTION OF BILLS AND cation, Labor, and Pensions. indicated: JOINT RESOLUTIONS By Ms. KLOBUCHAR (for herself and POM–242. A resolution adopted by the Gen- Mr. BURR): eral Assembly of the State of New Jersey ex- The following bills and joint resolu- S. 4667. A bill to direct the Federal Com- pressing its opposition to and disapproval of tions were introduced, read the first munications Commission to issue reports the United States Department of Housing and second times by unanimous con- after activation of the Disaster Information and Urban Development’s proposed rule- sent, and referred as indicated: Reporting System and to make improve- making revising its Affirmatively Fur- ments to network outage reporting; to the By Ms. ERNST (for herself, Mr. JONES, thering Fair Housing rule adopted in 2015; to Committee on Commerce, Science, and and Ms. HASSAN): the Committee on Banking, Housing, and Transportation. S. 4657. A bill to direct the Secretary of By Mr. WYDEN (for himself, Mr. Urban Affairs. Veterans Affairs to designate one week each MERKLEY, and Mrs. GILLIBRAND): ASSEMBLY RESOLUTION NO. 112 year as ‘‘Buddy Check Week’’ for the purpose S. 4668. A bill to amend the Help America Whereas, In 2015, the United States Depart- of outreach and education concerning peer Vote Act of 2002 to ensure that voters in ment of Housing and Urban Development wellness checks for veterans, and for other elections for Federal office do not wait in (‘‘HUD’’) adopted an Affirmatively Fur- purposes; to the Committee on Veterans’ Af- long lines in order to vote; to the Committee thering Fair Housing (‘‘AFFH’’) rule that es- fairs. on Rules and Administration. tablished a new framework for HUD funding By Mr. LANKFORD (for himself, Mr. By Mr. SCOTT of Florida (for himself recipients to meet their longstanding legal BRAUN, Mr. CRAMER, Mrs. LOEFFLER, and Ms. CORTEZ MASTO): obligation under the federal Fair Housing Mr. INHOFE, Mr. RUBIO, Mr. RISCH, S. 4669. A bill to require sellers of internet Act to reduce barriers to fair housing and Mr. CORNYN, Mr. MORAN, Mr. CRAPO, applications to disclose country-of-origin in- equal opportunity; and Mr. SCOTT of Florida, Mr. HAWLEY, formation, and for other purposes; to the Whereas, The AFFH rule was promulgated Mr. KENNEDY, Mr. THUNE, Mr. LEE, Committee on Commerce, Science, and in response to the recommendations of the and Mr. ROUNDS): Transportation. United States Government Accountability S. 4658. A bill to amend title XIX of the So- By Mr. MORAN (for himself, Mrs. SHA- Office and affected stakeholders centered on cial Security Act to allow for greater State HEEN, Mr. ROUNDS, Mr. BLUNT, and the need for HUD to bolster its fair housing flexibility with respect to excluding pro- Mr. TILLIS): planning obligations by providing greater viders who are involved in abortions; to the S. 4670. A bill to amend the CARES Act to clarity and support to HUD funding recipi- Committee on Finance. permit the Secretary of the Treasury to pur- ents and facilitating local decision-making By Mr. MARKEY (for himself, Mr. chase, or to enable the purchase of, preferred on fair housing priorities and goals; and MERKLEY, Mr. CARDIN, and Mr. DUR- equity positions in commercial real estate Whereas, The AFFH rule achieves these BIN): entities, and for other purposes; to the Com- ends by providing clearer standards for meet- S. 4659. A bill to require a determination as mittee on Banking, Housing, and Urban Af- ing fair housing obligations, greater trans- to whether crimes committed against the fairs. parency, increased access to data concerning Rohingya in Burma amount to genocide; to By Ms. DUCKWORTH (for herself, Mr. fair housing conditions and access to oppor- the Committee on Foreign Relations. WYDEN, Mr. KAINE, Mr. MERKLEY, and tunity, and new mapping and customizable By Mr. JONES: Mr. BOOKER): assessment tools, as well as by encouraging S. 4660. A bill to amend titles 10 and 14, S. 4671. A bill to prohibit Federal law en- collaboration between jurisdictions and com- United States Code, to include certain diver- forcement officers from wearing camouflage munity input and participation; and sity-related requirements for the Armed uniforms in the United States; to the Com- Whereas, The AFFH rule ultimately serves Forces and the Coast Guard, and for other mittee on the Judiciary. to help HUD funding recipients take mean- purposes; to the Committee on Armed Serv- By Mr. REED (for himself, Mr. BURR, ingful actions to overcome historic patterns ices. Ms. SMITH, and Mr. SCOTT of South of segregation, promote fair housing choice, By Mr. COTTON (for himself, Mr. Carolina): and foster inclusive communities that are RUBIO, Mr. SCOTT of Florida, Mr. S. 4672. A bill to reauthorize the Stem Cell free from discrimination; and KAINE, Mr. MANCHIN, Mr. Therapeutic and Research Act of 2005, and Whereas, On August 9, 2018, HUD issued an BLUMENTHAL, and Mr. CRUZ): for other purposes; to the Committee on advance notice of a proposed rulemaking S. 4661. A bill to authorize the President to Health, Education, Labor, and Pensions. that would undo much of the AFFH rule for posthumously award the Medal of Honor to By Mr. WYDEN (for himself and Mr. the stated reasons that the rule impeded the Alwyn C. Cashe for acts of valor during Oper- MERKLEY): development and rehabilitation of affordable ation Iraqi Freedom; to the Committee on S. 4673. A bill to amend the Natural Gas housing and provided inadequate autonomy Armed Services. Act to require the Federal Energy Regu- to HUD funding recipients; and By Mr. GRAHAM: latory Commission to consider certain fac- Whereas, The AFFH rule has not been in S. 4662. A bill to amend title 18, United tors in issuing certificates of public conven- effect long enough to adequately assess its States Code, to criminalize blocking law en- ience and necessity under that Act, to mod- effect on the development and rehabilitation forcement officers who have been injured by ify the requirements for the right to exercise of affordable housing, the rule does not in a criminal act or in the line of duty from ac- eminent domain in construction of pipelines

VerDate Sep 11 2014 06:14 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A23SE6.024 S23SEPT1 ctelli on DSK30NT082PROD with SENATE September 23, 2020 CONGRESSIONAL RECORD — SENATE S5833 under that Act, to provide that the right of S. Res. 714. A resolution encouraging the added as cosponsors of S. 946, a bill to eminent domain may not be exercised under Administrator of the Environmental Protec- direct the Comptroller General of the that Act for projects for the exportation of tion Agency to maintain and strengthen re- United States to complete a study on natural gas, and for other purposes; to the quirements under the Clean Water Act and barriers to participation in federally Committee on Commerce, Science, and reverse ongoing administrative actions to Transportation. weaken the Clean Water Act and protections funded cancer clinical trials by popu- By Ms. KLOBUCHAR (for herself and for waters of the United States; to the Com- lations that have been traditionally Ms. SMITH): mittee on Environment and Public Works. underrepresented in such trials. S. 4674. A bill to amend title XIX of the So- By Mr. BLUMENTHAL (for himself and S. 1602 cial Security Act to clarify that drugs and Mr. MORAN): At the request of Ms. COLLINS, the biologicals used for medication-assisted S. Con. Res. 46. A concurrent resolution to name of the Senator from New Jersey treatment under Medicaid are subject to the correct the enrollment of S. 2330; considered requirements of the Medicaid Drug Rebate and agreed to. (Mr. BOOKER) was added as a cosponsor Program; to the Committee on Finance. By Mr. MERKLEY (for himself, Mr. of S. 1602, a bill to amend the United By Mr. TILLIS: BOOKER, Mr. MARKEY, Mr. WYDEN, States Energy Storage Competitive- S. 4675. A bill to amend the Health Insur- Mr. VAN HOLLEN, Mrs. MURRAY, Mr. ness Act of 2007 to establish a research, ance Portability and Accountability Act; HEINRICH, and Mr. WHITEHOUSE): development, and demonstration pro- read the first time. S. Con. Res. 47. A concurrent resolution gram for grid-scale energy storage sys- By Mr. COONS (for himself, Mr. recognizing that the climate crisis is dis- tems, and for other purposes. CARDIN, Ms. KLOBUCHAR, Mrs. SHA- proportionately affecting the health, eco- S. 1791 HEEN, Ms. CANTWELL, Mr. MARKEY, nomic opportunity, and fundamental rights Ms. HIRONO, Mrs. GILLIBRAND, Mr. of children, expressing the sense of Congress At the request of Mrs. GILLIBRAND, VAN HOLLEN, and Mr. KING): that renewed leadership by the United States the name of the Senator from New S. 4676. A bill to improve the debt relief is needed to address the climate crisis, and Mexico (Mr. HEINRICH) was added as a program under the CARES Act, and for other recognizing the need of the United States to cosponsor of S. 1791, a bill to prohibit purposes; to the Committee on Finance. develop a national, comprehensive, and discrimination on the basis of religion, By Ms. ROSEN (for herself and Mrs. science-based climate recovery plan to phase sex (including sexual orientation and HYDE-SMITH): out fossil fuel emissions, protect and en- S. 4677. A bill to amend the Workforce In- hance natural sequestration, and put the gender identity), and marital status in novation and Opportunity Act to create a United States on a path toward stabilizing the administration and provision of new national program to support mid-career the climate system; to the Committee on En- child welfare services, to improve safe- workers, including workers from underrep- vironment and Public Works. ty, well-being, and permanency for les- resented populations, in reentering the f bian, gay, bisexual, transgender, and STEM workforce, by providing funding to queer or questioning foster youth, and small- and medium-sized STEM businesses so ADDITIONAL COSPONSORS for other purposes. the businesses can offer paid internships or other returnships that lead to positions S. 514 S. 2001 above entry level; to the Committee on At the request of Mr. TESTER, the At the request of Ms. STABENOW, the Health, Education, Labor, and Pensions. name of the Senator from South Da- name of the Senator from New Hamp- By Mr. LANKFORD (for himself, Mr. kota (Mr. ROUNDS) was added as a co- shire (Ms. HASSAN) was added as a co- CRAMER, Mr. HOEVEN, and Mrs. CAP- sponsor of S. 514, a bill to amend title sponsor of S. 2001, a bill to award a ITO): 38, United States Code, to improve the Congressional Gold Medal to Willie S. 4678. A bill to amend the Internal Rev- benefits and services provided by the O’Ree, in recognition of his extraor- enue Code of 1986 to repeal the credit for electricity produced from certain renewable Department of Veterans Affairs to dinary contributions and commitment resources, and for other purposes; to the women veterans, and for other pur- to hockey, inclusion, and recreational Committee on Finance. poses. opportunity. By Mr. LEE: At the request of Mr. CRAPO, his S. 2054 S. 4679. A bill to require the Bureau of the name was added as a cosponsor of S. At the request of Mr. MARKEY, the Census to determine income and poverty lev- 514, supra. names of the Senator from Nebraska els in the United States in a manner that ac- S. 569 counts for the receipt of Federal benefits, (Mrs. FISCHER), the Senator from South and for other purposes; to the Committee on At the request of Mr. YOUNG, the Carolina (Mr. GRAHAM), the Senator Homeland Security and Governmental Af- name of the Senator from Oklahoma from Hawaii (Ms. HIRONO), the Senator fairs. (Mr. LANKFORD) was added as a cospon- from Maine (Mr. KING) and the Senator By Mr. MERKLEY (for himself and Mr. sor of S. 569, a bill to direct the Sec- from Kansas (Mr. ROBERTS) were added WYDEN): retary of Transportation to issue regu- as cosponsors of S. 2054, a bill to post- S. 4680. A bill to amend the Natural Gas lations relating to commercial motor humously award the Congressional Act to provide that the United States dis- vehicle drivers under the age of 21, and Gold Medal, collectively, to Glen trict courts shall not have jurisdiction to condemn property in which a State holds for other purposes. Doherty, Tyrone Woods, J. Christopher any interest, and for other purposes; to the S. 861 Stevens, and Sean Smith, in recogni- Committee on Commerce, Science, and At the request of Mr. MARKEY, the tion of their contributions to the Na- Transportation. names of the Senator from Vermont tion. f (Mr. LEAHY), the Senator from New S. 2438 Mexico (Mr. HEINRICH) and the Senator At the request of Mr. MENENDEZ, the SUBMISSION OF CONCURRENT AND from Washington (Ms. CANTWELL) were name of the Senator from Maine (Ms. SENATE RESOLUTIONS added as cosponsors of S. 861, a bill to COLLINS) was added as a cosponsor of S. The following concurrent resolutions establish in the Bureau of Democracy, 2438, a bill to prevent, treat, and cure and Senate resolutions were read, and Human Rights, and Labor of the De- tuberculosis globally. referred (or acted upon), as indicated: partment of State a Special Envoy for S. 2748 By Mr. INHOFE: the Human Rights of LGBTI Peoples, At the request of Mr. MARKEY, the S. Res. 713. A resolution expressing the and for other purposes. name of the Senator from New Jersey sense of the Senate that the August 13, 2020, S. 878 (Mr. MENENDEZ) was added as a cospon- announcement of the establishment of full diplomatic relations between the State of At the request of Mr. COTTON, the sor of S. 2748, a bill to repeal the sec- Israel and the United Arab Emirates and the name of the Senator from Pennsyl- tion of the Middle Class Tax Relief and September 11, 2020, announcement of the es- vania (Mr. TOOMEY) was added as a co- Job Creation Act of 2012 that requires tablishment of full diplomatic relations be- sponsor of S. 878, a bill to foster secu- the Federal Communications Commis- tween the State of Israel and the Kingdom of rity in Taiwan, and for other purposes. sion to reallocate and auction the T– Bahrain is a historic achievement; to the S. 946 Band spectrum. Committee on Foreign Relations. S. 2882 By Ms. DUCKWORTH (for herself, Mr. At the request of Mr. VAN HOLLEN, BOOKER, Mr. MERKLEY, Ms. WARREN, the names of the Senator from New At the request of Mr. WYDEN, his Mr. HEINRICH, Ms. HARRIS, Mrs. FEIN- York (Mrs. GILLIBRAND) and the Sen- name was added as a cosponsor of S. STEIN, and Mr. MARKEY): ator from Montana (Mr. TESTER) were 2882, a bill to establish a community

VerDate Sep 11 2014 06:14 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A23SE6.028 S23SEPT1 ctelli on DSK30NT082PROD with SENATE S5834 CONGRESSIONAL RECORD — SENATE September 23, 2020 wildfire defense grant program, and for (Mr. COTTON) was added as a cosponsor of S. 4528, a bill to strengthen the other purposes. of S. 4150, a bill to require the Sec- United States ties with Latin Amer- S. 2898 retary of the Treasury to provide as- ican and Caribbean countries through At the request of Mr. INHOFE, the sistance to certain providers of trans- diplomatic, economic, and security co- name of the Senator from Virginia (Mr. portation services affected by the novel operation, to counter efforts by the KAINE) was added as a cosponsor of S. coronavirus. People’s Republic of China to under- 2898, a bill to amend title 5, United At the request of Mr. REED, the mine United States interests and val- States Code, to provide for a full annu- names of the Senator from Connecticut ues in the Americas, and to promote ity supplement for certain air traffic (Mr. MURPHY) and the Senator from Ar- economic development and competi- controllers. izona (Ms. SINEMA) were added as co- tiveness in the Latin American and S. 2950 sponsors of S. 4150, supra. Caribbean region. At the request of Mr. SULLIVAN, the S. 4233 S. 4579 name of the Senator from Florida (Mr. At the request of Ms. COLLINS, the At the request of Mr. MORAN, the RUBIO) was added as a cosponsor of S. name of the Senator from Wisconsin name of the Senator from North Da- 2950, a bill to amend title 38, United (Ms. BALDWIN) was added as a cospon- kota (Mr. HOEVEN) was added as a co- States Code, to concede exposure to sor of S. 4233, a bill to establish a pay- sponsor of S. 4579, a bill to increase, ef- airborne hazards and toxins from burn ment program for unexpected loss of fective as of December 1, 2020, the rates pits under certain circumstances, and markets and revenues to timber har- of compensation for veterans with serv- for other purposes. vesting and timber hauling businesses ice-connected disabilities and the rates S. 3595 due to the COVID–19 pandemic, and for of dependency and indemnity com- At the request of Ms. ROSEN, the other purposes. pensation for the survivors of certain name of the Senator from New York S. 4258 disabled veterans, and for other pur- (Mrs. GILLIBRAND) was added as a co- At the request of Mr. CORNYN, the poses. sponsor of S. 3595, a bill to require a name of the Senator from Virginia (Mr. S. 4582 longitudinal study on the impact of WARNER) was added as a cosponsor of S. At the request of Mr. RUBIO, the COVID–19. 4258, a bill to establish a grant program name of the Senator from Oklahoma S. 3761 for small live venue operators and tal- (Mr. LANKFORD) was added as a cospon- At the request of Mr. TESTER, the ent representatives. sor of S. 4582, a bill to extend, tempo- names of the Senator from Maine (Mr. S. 4279 rarily, daylight saving time, and for KING) and the Senator from Rhode Is- At the request of Mr. MARKEY, the other purposes. land (Mr. REED) were added as cospon- name of the Senator from New Mexico S. 4629 sors of S. 3761, a bill to amend title 38, (Mr. UDALL) was added as a cosponsor At the request of Mr. MENENDEZ, the United States Code, to require the Sec- of S. 4279, a bill to require the disclo- name of the Senator from Oregon (Mr. retary of Veterans Affairs to provide sure to Congress of presidential emer- MERKLEY) was added as a cosponsor of veterans service organizations and rec- gency action documents. S. 4629, a bill to address issues involv- ognized agents and attorneys opportu- S. 4298 ing the People’s Republic of China. nities to review Department of Vet- At the request of Mr. MORAN, the erans Affairs disability rating deter- S. 4634 names of the Senator from Arkansas minations before they are finalized, At the request of Mr. WICKER, the (Mr. BOOZMAN) and the Senator from and for other purposes. names of the Senator from Colorado Colorado (Mr. BENNET) were added as (Mr. GARDNER), the Senator from Texas S. 3831 cosponsors of S. 4298, a bill to amend At the request of Mr. SULLIVAN, the (Mr. CRUZ), the Senator from West Vir- the Agricultural Marketing Act of 1946 ginia (Mrs. CAPITO), the Senator from name of the Senator from Alaska (Ms. to direct the Secretary of Agriculture MURKOWSKI) was added as a cosponsor Alaska (Ms. MURKOWSKI), the Senator to make grants for improvements to from Montana (Mr. DAINES), the Sen- of S. 3831, a bill to authorize the posi- meat and poultry facilities to allow for tion of Assistant Secretary of Com- ator from Iowa (Mr. GRASSLEY), the interstate shipment, and for other pur- Senator from Indiana (Mr. YOUNG), the merce for Travel and Tourism, to poses. statutorily establish the United States Senator from Arkansas (Mr. BOOZMAN), Travel and Tourism Advisory Board, S. 4349 the Senator from North Carolina (Mr. and for other purposes. At the request of Mr. KAINE, the BURR), the Senator from Alaska (Mr. names of the Senator from New York S. 4003 SULLIVAN), the Senator from Louisiana (Mrs. GILLIBRAND) and the Senator At the request of Mr. MENENDEZ, the (Mr. CASSIDY), the Senator from Mis- from Arizona (Ms. MCSALLY) were names of the Senator from Illinois (Mr. sissippi (Mrs. HYDE-SMITH) and the added as cosponsors of S. 4349, a bill to DURBIN) and the Senator from Maine Senator from West Virginia (Mr. address behavioral health and well- (Ms. COLLINS) were added as cosponsors MANCHIN) were added as cosponsors of being among health care professionals. of S. 4003, a bill to improve United S. 4634, a bill to provide support for air States consideration of, and strategic S. 4380 carrier workers, and for other pur- support for, programs to prevent and At the request of Mr. RUBIO, the poses. respond to gender-based violence from name of the Senator from California S. RES. 672 the onset of humanitarian emergencies (Mrs. FEINSTEIN) was added as a co- At the request of Mr. GRAHAM, the and to build the capacity of humani- sponsor of S. 4380, a bill to provide re- name of the Senator from Colorado tarian actors to address the immediate dress to the employees of Air America. (Mr. GARDNER) was added as a cospon- and long-term challenges resulting S. 4520 sor of S. Res. 672, a resolution desig- from such violence, and for other pur- At the request of Mrs. LOEFFLER, the nating September 2020 as National De- poses. names of the Senator from Arkansas mocracy Month as a time to reflect on S. 4032 (Mr. BOOZMAN) and the Senator from the contributions of the system of gov- At the request of Mr. LANKFORD, the South Dakota (Mr. ROUNDS) were added ernment of the United States to a more name of the Senator from Michigan as cosponsors of S. 4520, a bill to trans- free and stable world. (Mr. PETERS) was added as a cosponsor fer the responsibility of verifying small S. RES. 679 of S. 4032, a bill to amend the Internal business concerns owned and controlled At the request of Mr. BRAUN, the Revenue Code of 1986 to allow above- by veterans or service-disabled vet- name of the Senator from Texas (Mr. the-line deductions for charitable con- erans to the Small Business Adminis- CORNYN) was added as a cosponsor of S. tributions for individuals not itemizing tration, and for other purposes. Res. 679, a resolution expressing appre- deductions. S. 4528 ciation and support for essential em- S. 4150 At the request of Mr. MENENDEZ, the ployees with disabilities or who are At the request of Ms. COLLINS, the name of the Senator from Delaware blind during the COVID–19 pandemic name of the Senator from Arkansas (Mr. COONS) was added as a cosponsor and beyond.

VerDate Sep 11 2014 06:14 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A23SE6.030 S23SEPT1 ctelli on DSK30NT082PROD with SENATE September 23, 2020 CONGRESSIONAL RECORD — SENATE S5835 S. RES. 685 been a true lifeline for the Americans in helping Israel broker peace treaties with At the request of Ms. DUCKWORTH, who have found an unrelated match. Egypt and Jordan and promoting peace talks the name of the Senator from Pennsyl- By strengthening and enhancing the between Israel and Syria, Lebanon, and the Palestinians: Now, therefore, be it vania (Mr. CASEY) was added as a co- important programs operating these sponsor of S. Res. 685, a resolution hon- Resolved, That the Senate— registries, many more Americans will (1) congratulates the Governments and oring the service and sacrifice of mem- be afforded the opportunity to find a people of Israel and the United Arab Emir- bers of the United States Armed Forces match if they are ever in need. I look ates and the Governments and people of and veterans and condemning the dis- forward to swift consideration of this Israel and Bahrain on reaching their respec- graceful denigration by President Don- legislation in the Senate Health, Edu- tive historic agreements; ald Trump of military service, pris- cation, Labor, and Pensions Committee (2) encourages other Arab nations to estab- oners of war, and Gold Star families. and working toward passage in the full lish full relations with Israel with the vision of realizing full peace between Israel and all S. RES. 709 Senate. of its Arab neighbors; and At the request of Mr. GRAHAM, the f (3) urges the President to continue to en- name of the Senator from Utah (Mr. SUBMITTED RESOLUTIONS gage with the Government of Israel and the LEE) was added as a cosponsor of S. United States’ Arab partners in reaching Res. 709, a resolution expressing the these historic agreements. sense of the Senate that the August 13, SENATE RESOLUTION 713—EX- f 2020, and September 11, 2020, announce- PRESSING THE SENSE OF THE ments of the establishment of full dip- SENATE THAT THE AUGUST 13, SENATE RESOLUTION 714—ENCOUR- lomatic relations between the State of 2020, ANNOUNCEMENT OF THE AGING THE ADMINISTRATOR OF Israel and the United Arab Emirates ESTABLISHMENT OF FULL DIP- THE ENVIRONMENTAL PROTEC- and the State of Israel and the King- LOMATIC RELATIONS BETWEEN TION AGENCY TO MAINTAIN AND dom of Bahrain are historic achieve- THE STATE OF ISRAEL AND THE STRENGTHEN REQUIREMENTS ments. UNITED ARAB EMIRATES AND UNDER THE CLEAN WATER ACT S. RES. 711 THE SEPTEMBER 11, 2020, AN- AND REVERSE ONGOING ADMIN- At the request of Mr. SCHUMER, the NOUNCEMENT OF THE ESTAB- ISTRATIVE ACTIONS TO WEAKEN name of the Senator from Hawaii (Mr. LISHMENT OF FULL DIPLOMATIC THE CLEAN WATER ACT AND SCHATZ) was added as a cosponsor of S. RELATIONS BETWEEN THE PROTECTIONS FOR WATERS OF Res. 711, a resolution calling on the STATE OF ISRAEL AND THE THE UNITED STATES President of the United States to take KINGDOM OF BAHRAIN IS A HIS- Ms. DUCKWORTH (for herself, Mr. executive action to broadly cancel Fed- TORIC ACHIEVEMENT BOOKER, Mr. MERKLEY, Ms. WARREN, eral student loan debt. Mr. INHOFE submitted the following Mr. HEINRICH, Ms. HARRIS, Mrs. FEIN- f resolution; which was referred to the STEIN, and Mr. MARKEY) submitted the STATEMENTS ON INTRODUCED Committee on Foreign Relations: following resolution; which was re- BILLS AND JOINT RESOLUTION S. RES. 713 ferred to the Committee on Environ- ment and Public Works: By Mr. REED (for himself, Mr. Whereas President Donald J. Trump, S. RES. 714 BURR, Ms. SMITH, and Mr. Prime Minister Benjamin Netanyahu of Israel, and other world leaders have worked Whereas access to clean water is a funda- SCOTT, of South Carolina): S. 4672. A bill to reauthorize the tirelessly to announce agreements on the mental human right; full normalization of relations between Whereas the Federal Water Pollution Con- Stem Cell Therapeutic and Research Israel and other nations; trol Act (62 Stat. 1155, chapter 758) was en- Act of 2005, and for other purposes; to Whereas the United Arab Emirates and the acted into law in 1948; the Committee on Health, Education, Kingdom of Bahrain have been the first Arab Whereas the Federal Water Pollution Con- Labor, and Pensions. states to announce formal relations with trol Act Amendments of 1972 (Public Law 92– Mr. REED. Mr. President, today I am Israel; 500; 86 Stat. 816) were enacted with bipar- pleased to introduce the Timely Reau- Whereas, under the agreements, the two tisan support and significantly reorganized thorization of Necessary Stem Cell countries agree to the establishment of re- and expanded the Federal Water Pollution Programs Lends Access to Needed ciprocal embassies and the exchange of Am- Control Act (33 U.S.C. 1251 et seq.) (com- bassadors; monly known as and hereinafter referred to Therapies (TRANSPLANT) Act of 2020 Whereas opening direct ties between Israel in this preamble as the ‘‘Clean Water Act’’); with Senators RICHARD BURR, TINA and the United Arab Emirates and between Whereas the Clean Water Act is one of the SMITH, and TIM SCOTT. This bill offers Israel and Bahrain could begin to transform most important laws of the United States promise to the tens of thousands of in- the region by spurring economic growth, en- and the principal safeguard of the United dividuals diagnosed with leukemia and hancing technological innovation, and forg- States against unregulated pollution or de- lymphomas, sickle cell anemia, and ing closer people-to-people relations; struction of surface waters of the United rare genetic blood disorders. Whereas these agreements could promote States; Our bipartisan legislation renews the investment, tourism, direct flights, security, Whereas the objective of the Clean Water C.W. Bill Young Cell Transplantation telecommunications, technology, energy, Act is to ‘‘restore and maintain the chem- healthcare, culture, and the environment; ical, physical, and biological integrity of the Program and the National Cord Blood Whereas the United States, Israel, the Nation’s waters’’; Inventory (NCBI), the only programs in United Arab Emirates, and Bahrain share a Whereas the Clean Water Act declared na- the country that maintain donor reg- commitment to promoting stability through tional goals of eliminating the discharge of istries for individuals in need of a bone diplomatic engagement, increased economic pollutants into the waters of the United marrow and umbilical cord blood trans- integration, and closer security coordina- States by 1985 and, wherever attainable, en- plantation. Over twenty-two million tion; suring that waters were fishable and swim- Americans are registered bone marrow Whereas Israel, the United Arab Emirates, mable by 1983; donors resulting in nearly 6,500 trans- and Bahrain will partner with the United Whereas the Clean Water Act provides States to launch a Strategic Agenda for the strong and comprehensive requirements for plants just last year. In the years since Middle East to expand diplomatic, trade, and the control of pollutants in the waters of the NCBI was established, more than security cooperation; United States; 300,000 cord blood units have been col- Whereas these historic agreements could Whereas the Clean Water Act authorizes lected, facilitating more than 100,000 help advance peace between Israel and other Federal financial assistance for building and blood stem cell transplants. The Arab nations; upgrading municipal sewage treatment TRANSPLANT Act would reaffirm the Whereas these bilateral breakthroughs plants and other types of water quality im- commitment to these life-saving pro- could set a precedent for further diplomatic provements projects; grams, which have been helping to con- openings throughout the region; Whereas rivers, streams, lakes, ponds, wet- Whereas support for peace between Israel lands, and other waters have enormous pub- nect individuals in need of bone mar- and its neighbors has longstanding bipar- lic health, community welfare, economic, row or umbilical cord blood transplants tisan support in Congress and among the and ecological importance to the United with donors for more than two decades. American people; and States, considering that— The public registries, made up of do- Whereas the agreements build upon the (1) 1 in 3 individuals in the United States nors from all over the country, have decades-long leadership of the United States receive drinking water from systems that

VerDate Sep 11 2014 06:14 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A23SE6.032 S23SEPT1 ctelli on DSK30NT082PROD with SENATE S5836 CONGRESSIONAL RECORD — SENATE September 23, 2020 draw supply from headwater, intermittent, (2) a spill of a toxic chemical into the Elk analysis of Federal laws, including the Clean or ephemeral streams; River in Charleston, West Virginia, caused a Water Act, to analyze gaps in civil rights (2) according to a report of the Environ- cutoff of drinking water for approximately protections and found that the ‘‘EPA’s defi- mental Protection Agency, streams provide 300,000 individuals for several days; nition of environmental justice recognizes the majority of water to most rivers and (3) outbreaks of blue-green algae and red environmental justice as a civil right, fair ‘‘transport sediment, wood, organic matter, tide in Florida have caused widespread harm treatment and meaningful involvement of all nutrients, chemical contaminants, and many to businesses and have killed a substantial people regardless of race, color, national ori- of the organisms found in rivers’’; number of aquatic animals over multiple gin, or income with respect to the develop- (3) chemical, physical, and biological proc- years, with the effects of the outbreaks in ment, implementation, and enforcement of esses in streams can convert nitrogen and 2018 being particular severe; environmental laws, regulations and poli- other nutrients, preventing nitrogen and (4) in 2008, the coal ash waste pit of the cies’’; other nutrients from causing downstream Tennessee Valley Authority near Kingston, Whereas the United States Geological Sur- harm; Tennessee, experienced a mammoth struc- vey conducted limited monitoring of 17 (4) wetlands prevent and minimize flooding tural failure and released more than perfluoroalkyl and polyfluoroalkyl sub- by storing as much as between 1,000,000 and 1,000,000,000 tons of waste into the Emory and stances (referred to in this preamble as 1,500,000 gallons of water for each acre of Clinch Rivers, and a 2019 analysis found that ‘‘PFAS’’) in source and treated public water wetland; similar pits around the country routinely supplies from 25 drinking water facilities and (5) wetlands and other waters in the flood leak and contaminate nearby groundwater found PFAS in all source water and public plains of rivers and streams help prevent pol- and surface waters; water supply samples collected; lution from reaching downstream waters; (5) beaches in multiple States, including Whereas a study led by Harvard University (6) 3⁄4 of fish harvested commercially de- Mississippi, New Jersey, Washington, and researchers found that the drinking water pend on wetlands; New York, were forced to close due to out- supplies for not less than 6,000,000 individuals (7) the Centers for Disease Control and Pre- breaks of algae that are commonly fueled by in the United States exceed the health advi- vention reported that ‘‘about 91 million peo- nitrogen and phosphorus pollution; sory of the Environmental Protection Agen- ple over the age of 16 swim in oceans, lakes, (6) intense flooding is occurring in places cy for 2 PFAS, perfluorooctanoic acid (com- and rivers each year in the United States’’; like Houston, Texas, where wetland destruc- monly referred to as ‘‘PFOA’’) and (8) approximately 37 percent of water with- tion is believed to be contributing to the se- perfluorooctane sulfonic acid (commonly re- drawals, or 118,000,000,000 gallons of water verity of the flooding; and ferred to as ‘‘PFOS’’), and more recent infor- withdrawals per day, are used for irrigation, (7) many areas of the United States are ex- mation indicates that more comprehensive and 52 percent of water withdrawals are pected to experience worsened drought con- monitoring would find that the drinking taken from surface waters; ditions with climate change, making the water of many times more than 6,000,000 in- (9) a recent study estimated that wetlands preservation of water resources more crit- dividuals in the United States contains around the world provide ecosystem services ical; PFAS at levels that pose significant health like flood prevention and pollution filtration hazards; Whereas the Clean Water Act dramatically worth more than $47,000,000,000,000 per year; Whereas the Environmental Protection slowed the rate of wetlands loss in the (10) fishing and other water sports con- Agency has initiated numerous administra- United States from more 500,000 acres annu- tribute $175,000,000,000 annually to the econ- tive actions that collectively would evis- ally in the 1950s to approximately 80,000 omy of the United States and support more cerate the protections of the Clean Water acres annually in the late 1990s; than 1,500,000 jobs; Act and other safeguards for clean water, in- Whereas the quality of numerous water (11) companies often need clean water in cluding— their industrial processes or as a component bodies has substantially improved since the (1) repealing science-based protections for of their end product, such as craft beer brew- adoption of the Clean Water Act, including streams, wetlands, and other waters and the ers that depend on a reliable source of clean the Charles River in Massachusetts, the exclusion of millions of miles of streams and water, add approximately $76,000,000,000 an- Chesapeake Bay, and the Great Lakes; tens of millions of acres of wetlands from the nually to the economy of the United States, Whereas, despite the improvements pollution control programs of the Clean and support more than 500,000 jobs; brought about by the Clean Water Act, the Water Act; (12) according to 1 study, the ecological United States still faces major water re- (2) easing restrictions on wastewater restoration economy, which includes mitiga- source and pollution challenges, evidenced plants, authorizing the plants to release par- tion for harms to waters due to discharges of by the fact that— tially treated sewage during rainstorms; dredged or fill material, ‘‘directly employs (1) according to the most recent State data (3) refusing to develop regulations man- 126,000 workers and generates $9.5 billion in submitted to the Environmental Protection dated by the Clean Water Act aimed at economic output’’ per year, which ‘‘supports Agency— avoiding and minimizing spills of hazardous an additional 95,000 jobs and $15 billion in (A) 53 percent of assessed rivers and substances; economic output through indirect (business- streams do not meet 1 or more water qual- (4) weakening rules relating to the siting, to-business) linkages and increased house- ity standards, which are established to en- operating, monitoring, and closing of pits hold spending’’; sure waters are clean enough for specific where coal ash and other coal combustion (13) more than 318,000,000 individuals vis- uses like fishing and swimming; waste is dumped; (5) exempting polluters who harm water- ited national parks in the United States in (B) 71 percent of assessed lakes, res- ways from the penalties of the Clean Water 2018 to engage in recreation and be inspired ervoirs, and ponds are impaired; Act if their discharge first travels through by thundering waterfalls, streaming geysers, (C) 80 percent of assessed bays and estu- aries are impaired; and groundwater from the discharge permitting desert springs, ocean beaches, and jeweled program of the Clean Water Act; lakes, generating $40,000,000,000 for the econ- (D) 72 percent of assessed coastal shore- line waters are impaired; and (6) restricting the authority of experts omy of the United States and more than from the Environmental Protection Agency (2) the Centers for Disease Control and Pre- 330,000 private sector jobs; under the Clean Water Act to stop dumping vention published a report stating that the (14) the Environmental Protection Agency projects that cause unacceptable harms to increasing frequency of harmful algal blooms reports that the Great Lakes contain ‘‘84% of water bodies; North America’s surface fresh water’’ and is associated with increasing temperatures (7) delaying and weakening toxic pollution ‘‘about 21% of the world’s supply of surface and levels of nutrients in waters of the discharge limits for power plants; and fresh water’’; United States; (8) curtailing the rights of States and Trib- (15) restoring and protecting the Great Whereas the 2017 Infrastructure Report al nations under the Clean Water Act to re- Lakes and their tributaries also protects the Card of the American Society of Civil Engi- view federally-permitted projects and impose $6,000,000,000,000 regional economy of the neers gave the wastewater infrastructure of conditions on or reject a project, as appro- Great Lakes and the 1,500,000 jobs and the United States a grade of D+; priate, to prevent harm to their waterways; $62,000,000,000 in wages directly connected to Whereas the most recent Clean Watersheds Whereas the United States remains far the Great Lakes; and Needs Survey report to Congress identified from achieving the objective of the Clean (16) the Great Lakes and their tributaries not less than $271,000,000,000 worth of capital Water Act by putting critical resources that facilitate nearly $16,000,000,000 in annual needs for wastewater, storm water, and other provide enormous value to the United States spending by residents and the 37,000,000 hunt- clean water infrastructure; at risk; and ers, anglers, bird watchers, and other tour- Whereas the condition of the waters of the Whereas the proposed actions of the Envi- ists who visit the region for recreation; United States consistently ranks as one of ronmental Protection Agency would sub- Whereas water pollution and the loss of the most acute environmental worries of in- stantially worsen the risk to critical re- water resources can cause catastrophic harm dividuals in the United States, with 80 per- sources: Now, therefore, be it to the health and economic strength of com- cent of respondents in a March 2019 Gallup Resolved, That the Senate encourages the munities, evidenced by the fact that— Poll indicating that they worry a great deal Administrator of the Environmental Protec- (1) in 2014, a harmful algal bloom in west- or a fair amount about the pollution of riv- tion Agency to— ern Lake Erie prompted a 3-day shutdown of ers, lakes, and reservoirs; (1) maintain and strengthen, rather than the drinking water supply of Toledo, Ohio, Whereas the United States Commission on attack, requirements that keep waterways of affecting approximately 500,000 individuals; Civil Rights recommended further study and the United States clean;

VerDate Sep 11 2014 06:14 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A23SE6.034 S23SEPT1 ctelli on DSK30NT082PROD with SENATE September 23, 2020 CONGRESSIONAL RECORD — SENATE S5837 (2) end any ongoing administrative actions SENATE CONCURRENT RESOLU- ergy imbalance, equivalent to the quantity that weaken— TION 47—RECOGNIZING THAT of energy of exploding more than 400,000 (A) existing regulations that were promul- THE CLIMATE CRISIS IS DIS- atomic bombs of the kind dropped on Hiro- gated under the Federal Water Pollution PROPORTIONATELY AFFECTING shima, Japan, per day, 365 days per year, Control Act (33 U.S.C. 1251 et seq.); and across the planet; THE HEALTH, ECONOMIC OPPOR- Whereas the latest climate science and (B) other requirements protecting the TUNITY, AND FUNDAMENTAL waters of the United States; and real-world observations of that energy im- RIGHTS OF CHILDREN, EXPRESS- (3) initiate actions to reverse any adminis- balance demonstrate that the approximately trative actions that have already been com- ING THE SENSE OF CONGRESS 1 degree Celsius of warming that has already occurred as a result of human-caused cli- pleted that weaken the implementation by THAT RENEWED LEADERSHIP BY mate change is already dangerous and nega- the Federal Government of— THE UNITED STATES IS NEEDED tively affecting all aspects of society and the (A) the Federal Water Pollution Control TO ADDRESS THE CLIMATE CRI- SIS, AND RECOGNIZING THE economy of the United States; Act (33 U.S.C. 1251 et seq.); and Whereas the last time that atmospheric (B) other requirements that protect the NEED OF THE UNITED STATES concentrations of carbon dioxide were over waters of the United States. TO DEVELOP A NATIONAL, COM- 400 parts per million— PREHENSIVE, AND SCIENCE- (1) the seas were 70 to 90 feet higher; f BASED CLIMATE RECOVERY (2) Greenland had no ice; and PLAN TO PHASE OUT FOSSIL (3) coral reefs suffered a major extinction; Whereas similar conditions will result if SENATE CONCURRENT RESOLU- FUEL EMISSIONS, PROTECT AND the United States does not drastically reduce TION 46—TO CORRECT THE EN- ENHANCE NATURAL SEQUESTRA- carbon dioxide emissions and naturally se- ROLLMENT OF S. 2330 TION, AND PUT THE UNITED quester excess concentrations of atmos- STATES ON A PATH TOWARD pheric carbon dioxide during the 21st cen- Mr. BLUMENTHAL (for himself and STABILIZING THE CLIMATE SYS- tury; Mr. MORAN) submitted the following TEM Whereas climate change is a threat to national security, as climate change contrib- concurrent resolution; which was con- Mr. MERKLEY (for himself, Mr. utes to and exacerbates global instability sidered and agreed to: BOOKER, Mr. MARKEY, Mr. WYDEN, Mr. and conflict; VAN HOLLEN, Mrs. MURRAY, Mr. HEIN- Whereas the generation of today’s children S. CON. RES. 46 RICH, and Mr. WHITEHOUSE) submitted was born into a climate system made haz- Resolved by the Senate (the House of Rep- the following concurrent resolution; ardous to their health and well-being be- resentatives concurring), That in the enroll- which was referred to the Committee cause of human-caused climate change; ment of S. 2330, an Act to amend the Ted on Environment and Public Works: Whereas children are uniquely vulnerable Stevens Olympic and Amateur Sports Act to to human-caused climate change because of S. CON. RES. 47 their developing bodies, higher exposure to provide for congressional oversight of the Whereas a stable climate system at the air, food, and water per unit of body weight, board of directors of the United States Olym- founding of the United States allowed human unique behavior patterns, dependence on pic and Paralympic Committee and to pro- life and human civilization to flourish; caregivers, and longevity on the planet; tect amateur athletes from emotional, phys- Whereas the United States was founded on Whereas human-caused climate change is a ical, and sexual abuse, and for other pur- the deeply rooted principle of securing ‘‘the public health emergency that is adversely poses, the Secretary of the Senate shall— Blessings of Liberty to ourselves and our impacting the physical and mental health of (1) in subsection (b)(2)(D) of section 220504 Posterity’’; children through— of title 36, United States Code, as amended Whereas the Constitution of the United (1) extreme weather events; by section 6(b)(2) of the Act, strike ‘‘per- States protects the fundamental rights to (2) rising temperatures and increased heat cent’’; life, liberty, property, and equal protection exposure; (3) decreased air quality; (2) in subsection (a)(1)(H) of section 220541 of the laws; Whereas a climate system capable of sus- (4) altered infectious disease patterns; of title 36, United States Code, as added by taining human life— (5) food and water insecurity; and section 8(a)(1)(B) of the Act, strike ‘‘in a (1) is fundamental to a free and ordered so- (6) other effects; manner than’’ and insert ‘‘in a manner ciety; and Whereas infant mortality increases 25 per- that’’; (2) is preservative of fundamental rights, cent on extremely hot days, with the first 7 (3) in subsection (f)(4)(B) of section 220541 including the rights to life, liberty, property, days of life representing a period of critical of title 36 United States Code, as added by personal security, family autonomy, bodily vulnerability; section 8(a)(1)(E) of the Act, insert ‘‘and the integrity, and the ability to learn, practice, Whereas heat illness is a leading cause of Committee on the Judiciary’’ after ‘‘the and transmit cultural and religious tradi- death and illness in high school athletes, Committee on Energy and Commerce’’; tions; with nearly 10,000 episodes of heat illness oc- (4) amend paragraph (1) of section 220541(g) Whereas the Federal Government sets the curring annually; of title 36, United States Code, as added by energy policy of the United States, which Whereas 8.4 percent of children suffer from section 8(a)(1)(E) of the Act, to read as fol- has resulted in a national energy system in allergic rhinitis, and the ragweed pollen season in North America has grown 13 to 27 days lows: which approximately 80 percent of the en- longer since 1995 due to higher temperatures ‘‘(1) MANDATORY PAYMENTS.— ergy in the United States comes from fossil and greater atmospheric carbon dioxide lev- ‘‘(A) FISCAL YEAR 2021.—On January 4, 2021, fuels; Whereas the national fossil fuel-based en- els; the corporation shall make a mandatory Whereas children exposed to wildfires suf- payment of $20,000,000 to the Center for oper- ergy system has led to carbon dioxide emissions from the United States constituting fer substantial— ating costs of the Center for fiscal year 2021. (1) eye symptoms; and more than 1⁄4 of cumulative global carbon di- ‘‘(B) SUBSEQUENT FISCAL YEARS.—For fiscal (2) upper and lower respiratory symptoms oxide emissions; year 2022 and each fiscal year thereafter, the that lead to increased rates of asthma-re- Whereas the United States is the largest corporation shall make a mandatory pay- lated hospitalizations and emergency room producer of oil and gas in the world, due in visits; ment of $20,000,000 to the Center not later substantial part to the Federal Govern- than the close of business on the first reg- Whereas extreme weather events can nega- ment— tively impact the mental health of children ular business day in January.’’; and (1) opening up Federal public land and (5) in subsection (h)(2)(C)(iii) of section due to— water for fossil fuel extraction; and (1) family loss or separation; 220541 of title 36, United States Code, as (2) actively supporting fossil fuel energy; (2) school interruption; added by section 8(a)(1)(E) of the Act, insert Whereas there is an overwhelming sci- (3) scarcities of food, water, and shelter; ‘‘and the Committee on the Judiciary’’ after entific consensus that— and ‘‘the Committee on Energy and Commerce’’. (1) human-caused climate change is occur- (4) public service outages; ring; and Whereas, without immediate steps to ad- (2) the rate of global heating and ocean dress human-caused climate change, the acidification as of September 2020 is a result health effects of climate change on children of the buildup of atmospheric greenhouse gas will— emissions, primarily carbon dioxide emis- (1) increase in severity and in terms of the sions, largely from the combustion of fossil number of children impacted; and fuels; (2) cost the United States billions of dol- Whereas atmospheric carbon dioxide levels lars per year by the end of the 21st century; of over 400 parts per million as of September Whereas children will largely shoulder the 2020 have caused a dangerous planetary en- costs of human-caused climate change;

VerDate Sep 11 2014 06:14 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A23SE6.034 S23SEPT1 ctelli on DSK30NT082PROD with SENATE S5838 CONGRESSIONAL RECORD — SENATE September 23, 2020 Whereas further increases in global tem- AUTHORITY FOR COMMITTEES TO The senior assistant legislative clerk perature will saddle children with an enor- MEET read as follows: mous, perhaps incalculable, cost burden, un- A bill (S. 4675) to amend the Health Insur- dermining their economic security and the Mr. ERNST. Mr. President, I have 8 ance Portability and Accountability Act. economic security of the United States; requests for committees to meet during Whereas children are deserving of special today’s session of the Senate. They Mr. MCCONNELL. Madam President, consideration and protection with respect to have the approval of the Majority and I now ask for a second reading, and in human-caused climate change; Minority leaders. order to place the bill on the calendar Whereas children on the frontlines of Pursuant to rule XXVI, paragraph under the provisions of rule XIV, I ob- human-caused climate change across the 5(a), of the Standing Rules of the Sen- ject to my own request. United States and globally have risen up and ate, the following committees are au- The PRESIDING OFFICER. Objec- called upon government leaders around the world to take concrete, science-based, and thorized to meet during today’s session tion is heard. equitable action— of the Senate: The bill will be read for the second (1) to address human-caused climate COMMITTEE ON ARMED SERVICES time on the next legislative day. change; and The Committee on Armed Services is f (2) to ensure climate justice for their gen- authorized to meet during the session eration, future generations, and frontline of the Senate on Wednesday, Sep- EXECUTIVE SESSION and vulnerable communities, including com- tember 23, 2020, at 2:30 p.m., to conduct Mr. MCCONNELL. Madam President, munities of color, low-income communities, a hearing. I ask unanimous consent that the Sen- and indigenous peoples; COMMITTEE ON COMMERCE, SCIENCE, AND Whereas global atmospheric carbon dioxide ate resume executive session. TRANSPORTATION concentrations must be reduced to below 350 The PRESIDING OFFICER. Without parts per million by the end of the 21st cen- The Committee on Commerce, objection, it is so ordered. Science, and Transportation is author- tury, with further reductions thereafter, to f restore the energy balance of the planet, sta- ized to meet during the session of the bilize the climate system, and protect the Senate on Wednesday, September 23, ORDERS FOR THURSDAY, ice sheets and oceans for posterity; 2020, at 10 a.m., to conduct a hearing. SEPTEMBER 24, 2020 Whereas existing and future adverse public COMMITTEE ON ENVIRONMENT AND PUBLIC health and other impacts and costs to chil- Mr. MCCONNELL. Madam President, WORKS dren and the United States can be signifi- I ask unanimous consent that when the cantly mitigated if the United States acts The Committee on Environment and Senate completes its business today, it promptly to reduce emissions from fossil Public Works is authorized to meet adjourn until 10 a.m., Thursday, Sep- fuels in the United States; during the session of the Senate on tember 24; further, that following the Whereas numerous experts have concluded Wednesday, September 23, 2020, at 10 prayer and pledge, the Senate resume that there are multiple technically and eco- a.m., to conduct a hearing. the Young nomination. nomically feasible pathways to place all sec- COMMITTEE ON HEALTH, EDUCATION, LABOR, tors of the economy of the United States on The PRESIDING OFFICER. Without AND PENSIONS objection, it is so ordered. an emissions-reduction path consistent with The Committee on Health, Edu- returning global atmospheric carbon dioxide f to 350 parts per million by 2100; cation, Labor, and Pensions is author- Whereas producing energy in the United ized to meet during the session of the ORDER FOR ADJOURNMENT States with noncarbon-emitting sources will Senate on Wednesday, September 23, Mr. MCCONNELL. Madam President, result in energy costs within the range of re- 2020, at 10 a.m., to conduct a hearing. cent experience, ultimately saving con- if there is no further business to come COMMITTEE ON HOMELAND SECURITY AND before the Senate, I ask unanimous sumers money and stabilizing the cost of en- GOVERNMENTAL AFFAIRS consent that it stand adjourned under ergy, while increasing the number of jobs in The Committee on Homeland Secu- the previous order following the re- the energy sector; and rity and Governmental Affairs is au- Whereas multiple Federal departments and marks of Senator BENNET. thorized to meet during the session of agencies can exercise authority delegated by The PRESIDING OFFICER. Without the Senate on Wednesday, September Congress to prevent and respond to climate objection, it is so ordered. change, including— 23, 2020, at 10 a.m., to conduct a hearing (1) the Department of Energy; on the nomination of Chad F. Wolf to f (2) the Department of the Interior; be Secretary of U.S. Department of RECESS SUBJECT TO THE CALL OF (3) the Department of Agriculture; Homeland Security. THE CHAIR (4) the Environmental Protection Agency; COMMITTEE ON INDIAN AFFAIRS Mr. MCCONNELL. Madam President, (5) the Department of Commerce; and The Committee on Indian Affairs is I ask unanimous consent that the Sen- (6) the Department of State: Now, there- authorized to meet during the session fore, be it of the Senate on Wednesday, Sep- ate stand in recess subject to the call Resolved by the Senate (the House of Rep- tember 23, 2020, at 2:30 p.m., to conduct of the Chair. resentatives concurring), That it is the sense a hearing. The PRESIDING OFFICER. Without of Congress that— objection, the Senate stands in recess COMMITTEE ON VETERANS’ AFFAIRS (1) renewed leadership by the United States subject to the call of the Chair. The Committee on Veterans’ Affairs is needed immediately to address the human- Thereupon, the Senate, at 6:38 p.m., is authorized to meet during the ses- caused climate crisis that is disproportion- recessed subject to the call of the Chair sion of the Senate on Wednesday, Sep- ately affecting the health, economic oppor- and reassembled at 6:42 p.m. when tember 23, 2020, at time to be deter- tunity, and fundamental rights of the chil- called to order by the Presiding Officer dren of the United States; and mined, to conduct a hearing. (Mrs. BLACKBURN). (2) there is a human-caused climate crisis SELECT COMMITTEE ON INTELLIGENCE that— The Select Committee on Intel- f (A) has inspired children across the United States to organize and demand immediate ligence is authorized to meet during EXECUTIVE CALENDAR—Continued government action to protect their funda- the session of the Senate on Wednes- day, September 23, 2020, at 2 p.m., to The PRESIDING OFFICER. The Sen- mental rights from the perils of climate ator from Colorado. change; and conduct a closed roundtable. SUPREME COURT NOMINATIONS (B) demands a national, comprehensive, f science-based, and just climate recovery plan Mr. BENNET. Madam President, I that— MEASURE READ THE FIRST want to say how much I appreciate (i) is prepared by Federal departments and TIME—S. 4675 your staying late this evening for this. agencies pursuant to delegated authority Mr. MCCONNELL. Madam President, Last night, I had the chance to speak over energy and climate policy; and about the late Justice Ruth Bader (ii) to uphold the fundamental rights of I understand that there is a bill at the children, puts the United States on a trajec- desk, and I ask for its first reading. Ginsburg, somebody who, as much as tory consistent with reducing global atmos- The PRESIDING OFFICER. The anyone in our history, advanced the pheric carbon dioxide to below 350 parts per clerk will read the bill by title for the cause of equality between men and million by 2100. first time. women. When President Clinton named

VerDate Sep 11 2014 06:14 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A23SE6.036 S23SEPT1 ctelli on DSK30NT082PROD with SENATE September 23, 2020 CONGRESSIONAL RECORD — SENATE S5839 her to the Supreme Court, she had al- nominees. In 5 years of a brand-new the eye and said, ‘Mr. President, you ready transformed American law President, they used the filibuster will not fill this Supreme Court va- through her trailblazing work as a pro- more times than in our history going cancy.’ ’’ fessor and litigator. It is why her nomi- back to George Washington. We know what happened next. We are nation sailed through this body with 96 The obstruction was relentless. It fi- still living in ‘‘next.’’ For the rest of votes—a reminder of a time not so very nally led Senate Democrats to change 2016, the majority leader held the seat long ago when the Senate understood the rules in 2013 with the so-called nu- open all year, 342 days with no hear- its constitutional duty to advise and clear option, allowing us to confirm ju- ings, no meetings, no vote. One of the consent, when a qualified judge would dicial nominees, except for the Su- Senators in this body went home—I get the vast majority of Senators to preme Court and other executive ap- was proud they went home and said: vote for that person. Every single time pointments, with 51 votes instead of 60 I am never going to vote for Merrick Gar- we did that, we reestablished the idea votes. I am sorry about that vote. land, but I think it is wrong for us not to that the judiciary is independent— I have apologized on this floor before have a vote. We should have a vote. I should independent from what hopefully are about that vote. It has led us partly to go home and explain why I voted the way I temporary, insane partisan battles. where we are today. After Republicans voted and have to defend my vote. After earning that 96 votes, for more won a majority in this body, Senator Two days later, a super PAC run by a than a quarter century on the Court, MCCONNELL made his prior obstruction former clerk of Justice Scalia started Justice Ginsburg authored rulings that look like a game of beanbag. He wasn’t to threaten they would run a primary promoted fairness, advanced equality, in the minority anymore. Now, he was against him if he didn’t change his and secured hard-won rights. They in the majority. mind, and he did. We know what hap- upheld affirmative action and pro- The next low point came on February pened. tected a woman’s right to choose. At 13, 2016. I will never forget it. I was Majority Leader MCCONNELL kept the the same time, she could never accept speaking at the Jefferson-Jackson Day seat open. He helped elect Donald a decision that nullified our right to dinner in Colorado when I saw the Trump who ran for office waving vote or otherwise limited our demo- crawl come on CNN announcing the around a list of judges that he would cratic values, even when it was hard death of Justice Scalia. It was a Presi- appoint to the court and made Donald for some of her colleagues on the high- dential election year, and there were Trump, of all people, the first Presi- est Court in the land to perceive the 342 days to go before the end of Presi- dent in American history with the systemic racism in our country. dent Obama’s second term—a term power to fill every judicial vacancy As I said last night, because the made possible by the American people with a simple majority vote because young Joan Ruth Bader knew America deciding, once again, to hire, to give Senator MCCONNELL later used the nu- would be worse off without her, with- him the power to appoint people to the clear option to change the rules again out her talent, Justice Ginsburg fought Supreme Court. Let the people decide. without really having any debate here. hard to make America more demo- One hour after Chief Justice Roberts As a result, he has used that power to cratic, more fair, and more free. Unfor- confirmed Scalia’s death, Senator confirm 217 judges. Nearly a quarter of tunately, the same cannot be said of MCCONNELL declared the American peo- the Federal bench are now Trump ap- the majority leader of this body who ple should have a voice in the selection pointees. now seeks to ram a replacement of their next Supreme Court Justice; In 2017, Senator MCCONNELL deto- through the Senate. As a Senator and therefore, this vacancy should not be nated his own nuclear option to lower as a majority leader, he dedicated his filled until we have a new President. the required votes for Supreme Court career to undo the work of Justice That is not what the Constitution says. Justices from 60 to 51, as he warned—in Ginsburg and those who have fought When there is a vacancy, the President fairness to him—as he warned he would beside her for a better America. shall nominate, and the Senate shall do. He installed Neil Gorsuch in what Pick almost any issue—from the deg- advise and consent. Today, we have a should have been Garland’s seat. In radation of our courts and our democ- Senate with this majority that is not 2018, he jammed through the nomina- racy to the sorry state of our govern- even interested in advising. As we tion of Judge Kavanaugh under his new ment’s fiscal condition—and for dec- stand here tonight, they have given regime, delivering the confirmation by ades, you will find the majority lead- their consent without even knowing a margin of two votes, the narrowest er’s fingerprints all over the crime who the nominee is going to be. margin for a Supreme Court nominee scene. Hoping cooler heads would prevail, since 1881. Let’s start with the courts; that President Obama nominated Merrick Throughout it all, he seated a roster seems an appropriate place to start Garland, someone a Republican Senate of judges across the Federal bench who today. Justice Ginsburg cared deeply had previously confirmed with 76 votes otherwise could not make the ‘‘B’’ about what she called public respect and whom the former Republican Sen- team. The Senate confirmed a judge for a confidence in the judiciary. No ator from Utah, my friend Orrin Hatch, who opposed the State proclamation one in America has done more to de- once called ‘‘a consensus nominee for honoring an association of professional stroy that confidence and respect than the Supreme Court.’’ women because it had dared to talk the Senator from Kentucky. I have known Merrick Garland for a about glass ceilings and pay equity. I first came to Washington as Colo- quarter of a century. I worked for him The Senate confirmed a lawyer who rado’s Senator during President fresh out of law school when both of us wrote blog posts peddling conspiracies Obama’s first term. The majority lead- served in the Deputy Attorney Gen- about Barack Obama and comparing er, who was then the minority leader, eral’s office at the Department of Jus- abortion to slavery; an attorney who MITCH MCCONNELL from Kentucky, led tice. I have never heard another lawyer suggested judges can ignore judicial the blockade against virtually all of or anyone, for that matter, refer to precedence they deem incorrect and President Obama’s nominees. He fili- Garland without the highest admira- who justified denying habeas corpus to bustered the nominee for Secretary of tion. He set the standard for excel- enemy combatants with the brutal an- Defense who was a Republican. In the lence. He was a lawyer’s lawyer. cient dictum: In times of war, the laws history of the country, no nominee to Senate Republicans, led by the ma- are silent. be Secretary of Defense was filibus- jority leader, refused to even meet with Then the Senate confirmed its first- tered. From George Washington to Judge Garland, let alone give him the ever nominee rated ‘‘Not Qualified’’ by George W. Bush, Senators had used the courtesy of a hearing so the American the American Bar Association. It had filibuster against 68 Presidential nomi- people could see what an outstanding never happened before in American his- nees; from Washington to Bush, that person he was, how brilliant and fair- tory. But once was not enough. The entire period, there were 68 filibusters minded he was. The majority leader Senate went on to approve six more of Presidential nominees. would go on to say about this disgrace- Trump nominees rated ‘‘Not Qualified’’ During President Obama’s first 5 ful moment in our democracy’s history by the ABA. You can’t find qualified years, Republican Senators, led by that ‘‘One of my proudest moments lawyers? You can’t find a lawyer who MITCH MCCONNELL, used it against 79 was when I looked Barack Obama in can just—not even exceeds—just

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He even voted what an institutionalist he is. the majority leader issued a press re- against reauthorizing the Violence When he became majority leader, he lease saying: ‘‘President Trump’s nomi- Against Women Act. More than anyone said his first priority would be to ‘‘renee will receive a vote on the floor of in America—and I say he is actually store the Senate to the place our the United States Senate.’’ That is the proud of this—he is responsible for ex- Founders, in their wisdom, had in- opposite of what he sent out when Jus- posing our democracy to a deluge of tended, not the hollow shell’’—— tice Scalia died. money, special interests, and foreign The PRESIDING OFFICER. The Sen- When the majority leader blocked interference. ator will suspend. Judge Garland, when he said the Amer- The majority leader has voted Rule XIX, paragraph 2, provides that ican people should have a voice in the against every major campaign finance no Senator in debate shall, directly or selection of their next Supreme Court reform bill that has come to this floor. indirectly, by any form of words im- Justice, there were 342 days left in In fact, he led the fight against the bi- pute to another Senator or to other President Obama’s term—342. There partisan reform bill that was written Senators any conduct or motive unwor- are 119 days left in President Trump’s by the late Senator John McCain, and thy or unbecoming a Senator. term, and there are 41 days left before when he failed to stop it in the Senate, The Senator may proceed. this election. Senator MCCONNELL went to the courts Mr. BENNET. Madam President, I Here is what the history really is, not to have it overturned, paving the way was interrupted, but let me go back. the masquerade that the majority lead- years later for the disastrous ruling in When he became majority leader, he er has been engaging in with the Amer- Citizens United, which has allowed bil- said the first priority would be to ‘‘re- ican people: From the founding of this lionaires to flood our political system store the Senate to the place the country until today, we have had nine in the name of free speech when aver- Founders, in their wisdom, had in- Supreme Court vacancies arise in the age working people are being drowned tended, not the hollow shell of the in- first 6 months of a Presidential elec- out. stitution [Harry Reid had created].’’ tion year. Nine vacancies have arisen He voted against the bipartisan Na- Harry Reid was his predecessor. I in the first 6 months of a Presidential tional Voter Registration Act, which think I remember him being on the election year. The Senate confirmed allowed people to register to vote when floor, calling Harry Reid the worst ma- every single one of them, except they got their driver’s licenses. jority leader that had ever existed in Merrick Garland. The Senate has never Ahead of the 2016 elections, he re- history. I don’t think he was sanc- fused to join President Obama and confirmed a Supreme Court nominee tioned for that. issue a bipartisan statement to alert this close to a Presidential election, He promised ‘‘to open up the legisla- the American people to the threat of never in the history of America. tive process in a way that allows more Now, we have given our consent, ap- Russian interference in our elections. amendments from both sides.’’ parently, before we even know who the He refused to do it, and the American Last year, we voted on 26 amend- nominee is. Because of Donald Trump’s people didn’t know until after the elec- ments. In the entire year last year, we tion was over that Vladimir Putin was magical powers, we are willing to voted on 26 amendments. Only eight of putting his thumb on the scale. To this somehow take it on faith. But these those amendments passed, and I think day, he refuses to let us vote on bipar- traditions make no difference to the Senator PAUL, of Kentucky, had four of tisan bills to protect our elections from majority leader. Thanks to him, we those amendments. foreign interference or even bills to now live in a world where confirming fully fund our elections so that people Sometimes it’s going to mean [actually] judges has become one more vicious working more often. Sometimes it’s going to can vote safely in the middle of a pan- partisan exercise, where confirmation mean working late, but restoring the Senate demic. is the right thing to do. votes will now break on party lines for There is only one person who gets to We are not working late around here. the foreseeable future—and, perhaps, decide whether we vote on something He said we were going to work on Fri- forever—and where every ruling a Jus- around here, and he is the majority days. Half the time, when Harry Reid tice makes is going to be viewed as leader. I would like to see which Sen- that is what we would expect from an ators would vote against protecting was the majority leader, I couldn’t go Obama judge, that is what we would our elections from Russian inter- home until Friday. Since the majority expect from a Trump-appointed judge. ference. I would like to see it, but we leader has been here, I have been home It is the opposite of the way this can’t know because he won’t allow it to for dinner every Thursday night. worked when I was in law school. come here for a vote. I would like to He said we need to recommit to what The majority leader says: I am just see who in this Chamber actually is he called a rational, functioning appro- putting it back to the days before we against universal background checks, priations process. This year, we had a filibuster of circuit court judges something we haven’t been able to take haven’t passed a single appropriations because now there is no filibuster when a vote on because the majority leader bill in the Senate. Last year, we had it comes to Justices or judges. It is not won’t allow a vote. the longest government shutdown in accurate, and it is not right because, in Come out and vote. American history. those days, if you were qualified, you It has been over 570 days since the ‘‘We need to return to regular order,’’ would get 96 votes like Ruth Bader House passed the For the People Act, a he said. This is from the majority lead- Ginsburg got and like Justice Scalia bill that would ban gerrymandering, er who put a bill on the floor to strip got. I think he got 95 votes. Yet now we expand early voting, create automatic healthcare from 16 million Americans, have exported the vicious partisanship voter registration, and make election a bill we didn’t even see until a few out of this Chamber and into the high- day a national holiday, among other hours before the vote. There are so est Court of the land. reforms. The majority leader refuses to many of these things that we don’t Senator MCCONNELL has not only bring it to a vote. He called it a power even remember them anymore. He damaged the integrity of our courts— grab. That is the Orwellian language claims to be an institutionalist, but he something the late Justice Ginsburg that he uses. The only power grab that has brought this institution to the low- cared deeply about—but he has also is, is a power grab by the American est it has been. worked to sabotage her legacy of an people to try to pry a little bit of It is no different than his claim to America that is more democratic, more power away from the majority leader being a fiscal conservative. I have fair, and more free. from Kentucky on behalf of himself. heard him say over and over again that Over his 36 years in office, the major- I am not sure any majority leader in our debt and deficits are the single big- ity leader has voted against nearly our history has had this low of regard gest threat to America’s future. He

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I think I am an originalist in the sense of overs’’ and complained that our debt We could have made public college af- what these great men meant—a Constitution ‘‘makes us look a lot like Greece.’’ fordable for every middle-class Amer- that would govern through the ages. At He claims to be a fiscal hawk—he has ican, given every teacher in America a least, they hoped it would provide an instru- done it his entire career—but the truth 50-percent pay raise and paid them like ment of government that would endure. is there is not an American, living or the professionals that they are. That is what is at stake in this elec- dead, who has put more debt on the We could have cut child poverty by 40 tion—whether we will accept this sorry balance sheet of this country than percent in this country. We could have chapter in our history as the new nor- MITCH MCCONNELL—$17 trillion—and protected Social Security so that we mal or insist on a government that can that is just over the last 20 years. And would know it would be there for our actually govern and is focused on the for what—to invest in education? to children and our grandchildren. We needs and desires of the American peo- build our roads and bridges? to do could have rebuilt America’s roads, ple. something about mental health in the bridges, tunnels, and airports. We could I hope deeply that we are going to country or water infrastructure? For have laid high-speed broadband in put this era behind us, and I am not for what? It has been to cut taxes for the every community, lowered the cost of going back to some old era but to build richest people in the country and to prescription drugs, covered everyone a democracy that is worthy of the 21st borrow it all from China, which is the with high-quality healthcare by cre- century, worthy of the example Ruth opposite of what he said he was doing, ating a public option. We could have Bader Ginsburg set, worthy of the ex- the opposite of what he promised. passed paid family and medical leave, pectations that our kids and grandkids He said the tax cuts would pay for invested in science and public health so reasonably have of us and that most of themselves. They never have. He said that we could have been more prepared us have for America in this world. they would benefit the middle class, for the global pandemic. We might That is the choice in this election, but two-thirds have gone to the top 20 have even paid down some of our debt and to borrow a phrase from the major- percent at a time when we have had and actually acted fiscally responsible. ity leader, the ‘‘American people the worst income inequality that we In other words, we could have should have a voice’’ in the outcome. It have had since 1928, when we have had changed the destiny of America. We is my hope that in 41 days they will. an economy that, for 50 years, 90 per- could have added to Justice Ginsburg’s Madam President, I thank you for cent of the American people haven’t legacy by making this country more your patience and thank the staff for seen a pay raise. That means, in the democratic, more fair, and more free. their patience. first 25 years of this century, we are on We still can, but we can’t do it as long I yield the floor. track to spend $6.8 trillion on tax cuts as the majority leader is continuing to f for the richest 20 percent of Americans. pursue these policies. It is exactly the same thing as if a We have to choose leaders in the Sen- ADJOURNMENT UNTIL 10 A.M. mayor in any one of our communities ate who will build this country better TOMORROW in our States had said to their neigh- than we found it, not leave it in tatters The PRESIDING OFFICER. Under bors and to their city councils and to for our children and grandchildren to the previous order, the Senate stands the press: I am going to borrow more pick through the rubble. adjourned until 10 a.m. tomorrow. money than we have ever borrowed be- Instead of making the Senate work Thereupon, the Senate, at 7:16 p.m., fore. on behalf of the American people, the You would say: Well, that worries me Senator from Kentucky has run rough- adjourned until Thursday, September a little bit. What are you going to shod over this institution, doing what- 24, 2020, at 10 a.m. spend the money on? Are you going to ever he can get away with politically. f spend it on our roads? We are at a point at which what you No. can get away with here is the only rule NOMINATIONS Are you going to spend it on our that is left. Executive nomination received by bridges? As I said last night in this Senate, the Senate: No. words have lost their meaning, and OFFICE OF THE DIRECTOR OF NATIONAL On our water system? when words lose their meaning and INTELLIGENCE when promises mean nothing and when No. ALLEN ROBERT SOUZA, OF NORTH CAROLINA, TO BE IN- On mental health? On COVID? On our commitments mean nothing, that is SPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY, public health infrastructure? when institutions fail. It is moments OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, VICE MICHAEL K. ATKINSON. I am going to take that money that like this that I remind my colleagues I am borrowing from the Chinese, and I that this is not the first Republic to f am going to give it to the two richest risk failure because of all of this—the CONFIRMATIONS neighborhoods in town. Senate, the Supreme Court, the cen- That is the majority leader’s tax pol- turies of rules, written and unwritten, Executive nominations confirmed by icy, and that is what it has been since that have guided this Republic. the Senate September 23, 2020: 2001. We are not preserving them for us. THE JUDICIARY This speech isn’t about spending, but We are preserving them for the Amer- JOHN CHARLES HINDERAKER, OF ARIZONA, TO BE while I have the microphone, here is ican people because, without our insti- UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF what we could have done for $6.8 tril- tutions, we can’t do what we need to do ARIZONA. lion: We could have created universal in this democracy, whether it is re- EQUAL EMPLOYMENT OPPORTUNITY COMMISSION preschool for every child in America. garding climate change or healthcare JOCELYN SAMUELS, OF MARYLAND, TO BE A MEMBER OF THE EQUAL EMPLOYMENT OPPORTUNITY COMMIS- These are not either/or by the way. or education or any issue that the SION FOR A TERM EXPIRING JULY 1, 2021.

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HONORING THE LIFE OF JOSEPH out all capacities, Peterson endeavored to ued friendships and his vibrant family life. He H. SOCCIO make Wyandotte a better place for all. was an avid skier and fisherman. He enjoyed Mayor Peterson was a dedicated, compas- tennis, ballroom dancing, boating, golf and HON. JOHN KATKO sionate, and effective leader who humbly making a yearly batch of wild grape jelly. He strove for excellence without seeking praise or played, studied and worked with determination OF NEW YORK recognition for any of his significant accom- and great satisfaction. He graduated from New IN THE HOUSE OF REPRESENTATIVES plishments. As a veteran who served in the Britain High School and then served in the Wednesday, September 23, 2020 U.S. Army during the Vietnam War, Peterson Navy as a radar engineer on the U.S. John Mr. KATKO. Madam Speaker, I rise today to knew deeply what it meant to be a committed Bole destroyer in WWII. In the time after the honor the life of Mr. Joseph Soccio, who and loyal fighter. He never stopped caring for war, he attended Central Connecticut State passed away on September 19, 2020 at the others, especially his fellow veterans, and College and graduated from McGill University age of 97. A U.S. Army Air Force and Air faithfully served his beloved Wyandotte. with a degree in Philosophy. While at McGill Force veteran, loving husband, father, and Mayor Peterson leaves behind a legacy that he met the love of his life, Joyce, and they grandfather, Mr. Soccio will be dearly missed. will forever endure. He was a true representa- were married for over 70 years. After settling In 1941 Mr. Soccio graduated from West tion of a passionate public servant who was in Connecticut and while raising their family, Senior High School, as part of the first grad- unwavering in his commitment to make Wyan- he went on to earn his Law Degree at the uating class. Shortly after, he entered the U.S. dotte a better place. He strove to foster a UConn School of Law. He went on to work for IBM, Aetna Insurance, Fuller Brush and then Army Air Force, proudly serving his country deep sense of community, and was a established his own private law practice in during World War II. During the War, he steadying voice of reason in troubling or chal- Hartford. He became a Public Defender for the served as Crew Chief on a B–24 Liberator lenging times. He encouraged us to see the City of Hartford and then for the town of Bomber, and attained the rank of Sergeant. best in one another and work together for the Vernon-Rockville. After World War II, he went on to re-enlist in common good. Undoubtably, Peterson has left a meaningful impact on the city, and the love Madam Speaker, I had a chance to see the U.S. Air Force, serving his nation again in Vin’s work in the Public Defender’s Office up he had for Wyandotte will always be remem- the Korean War. close over the years. As a law school intern bered. His passing represents a loss to our Following his military service, Mr. Soccio re- who worked in the Hartford Superior Court, I entire community, but his memory will endure turned to Central New York to work for Alco helped interview clients and witnesses and as- through the countless lives he touched. Products. He spent 30 years with the com- sisted him during court hearings and trials. Madam Speaker, I ask my colleagues to join pany, and led its Mechanical Laboratories Di- After passing the bar I continued to work with me in honoring the life and legacy of Joe vision. Vin as a public defender myself and in private Outside of his work, Mr. Soccio was a man Peterson. He was a cornerstone of Wyan- practice. As most people know, public defend- of faith, and a longtime member of St. dotte, and we will forever remember his reers have to grapple with high caseloads, Alphonsus Church in Auburn. He enjoyed gar- markable life, work, and community impact. sometimes difficult clients and limited re- dening, coaching youth baseball, and was an May he rest in eternal peace. sources to fully investigate cases. Sometimes avid hunter. Most of all, he loved his family f public defenders succumb to viewing their role deeply. He is survived by his three children, PERSONAL EXPLANATION as moving cases along, and not pursuing the four grandchildren, and two great-grand- fullest defense possible. Not Vin. He took his children. oath and the constitutional duty under the Madam Speaker, I ask my colleagues in the HON. BOB GIBBS Sixth Amendment to provide effective assist- House to join me in honoring the life of Mr. Jo- OF OHIO ance of counsel to the fullest degree possible. seph Soccio. A cherished member of our Cen- IN THE HOUSE OF REPRESENTATIVES I saw him press judges and prosecutors hard- tral New York community, Mr. Soccio will be Wednesday, September 23, 2020 er than they were normally accustomed in his deeply missed. I ask my colleagues to keep Mr. GIBBS. Madam Speaker, I was unable pursuit of fairness and equal justice. It gave him and his family in mind as we celebrate his to attend votes on Tuesday, September 22, me a true insight into his strong character, life. 2020 due to a previously scheduled doctor’s which I admired deeply. As friendly and affa- f appointment in my home state of Ohio. Had I ble a person as he was, he had a spine of steel that was always centered on ethics and IN HONOR OF THE MEMORY OF been present, I would have voted YEA on Roll Call No. 196 and YEA on Roll Call No. 197. compassion. JOSEPH PETERSON Madam Speaker, Vin was devoted to his f amazing, impressive wife Joyce, their eight HON. DEBBIE DINGELL REMEMBRANCE OF MR. VINCENT children and many grandchildren who all loved OF MICHIGAN GIEDRAITIS him dearly and mourn his passing. Madam IN THE HOUSE OF REPRESENTATIVES Speaker, I would ask the members to join me HON. JOE COURTNEY in honoring the wonderful life and legacy of Wednesday, September 23, 2020 Vincent Giedraitis. OF CONNECTICUT Mrs. DINGELL. Madam Speaker, I rise f IN THE HOUSE OF REPRESENTATIVES today to recognize and honor the esteemed HONORING THE MEMORY OF life of a dear friend, Joe Peterson. He will for- Wednesday, September 23, 2020 NORMA J. LEWIS ever be remembered for his tremendous im- Mr. COURTNEY. Madam Speaker, I rise pact on our Wyandotte community, and he will today to share a remembrance of Mr. Vincent be deeply missed. Giedraitis, a member of the ‘‘Greatest Genera- HON. RASHIDA TLAIB Mayor Peterson was a pillar of Wyandotte. tion’’ from Vernon, Connecticut who passed OF MICHIGAN Before beginning his career in public service, away at the age of 95 on August 10, 2020. IN THE HOUSE OF REPRESENTATIVES Peterson was a long-time police officer in the Vin, as he was known to friends and col- Wednesday, September 23, 2020 Wyandotte Police Department. Throughout his leagues led an extraordinary life, setting an Ms. TLAIB. Madam Speaker, I rise today to twenty-seven years with the police force, example of how to really succeed by bal- honor the memory of the late former-Highland Peterson held several different positions in- ancing family, professional success as an at- Park City Council Member Norma J. Lewis, cluding undercover officer, detective sergeant, torney, and service to his country at sea in the who passed away in September, 2020. and probation officer. In 2005, Peterson was U.S. Navy. Above all, Norma Lewis was a public serv- elected to serve on the Wyandotte City Coun- Vin balanced a long life full of many inter- ant and an advocate for the people of High- cil and was elected mayor in 2009. Through- ests and hobbies with his work, with his val- land Park, Michigan. A resident of Highland

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Sep 11 2014 10:37 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.001 E23SEPT1 dlhill on DSK120RN23PROD with REMARKS E874 CONGRESSIONAL RECORD — Extensions of Remarks September 23, 2020 Park for more than fifty years, Ms. Lewis He has been the voice of reason in chal- HONORING LITERACYCNY strived to make Highland Park a world-class lenging times and has encouraged all to work city. First elected to the City Council in 2003, together to better our state. His efforts have HON. JOHN KATKO Norma Lewis served five consecutive terms. transformed Michigan, and his impact will for- OF NEW YORK She was the longest-seated woman to serve ever be remembered. IN THE HOUSE OF REPRESENTATIVES in the history of Highland Park. Her service in- Madam Speaker, I ask my colleagues to join Wednesday, September 23, 2020 cluded terms as City Council President Pro- me in celebrating the retirement of William Tem in 2007 and City Council President in Sleight. I am proud to honor his work, accom- Mr. KATKO. Madam Speaker, in celebration 2009. plishments, and significant community impact. of National Adult Education and Family Lit- Norma Lewis’ public service to Highland We thank him for his outstanding service and eracy Week, I rise today to honor Park is marked by her dedication to improving wish him the best of luck in his future endeav- LiteracyCNY. In Central New York, access to services for senior citizens and ac- ors. LiteracyCNY is making a tremendous impact cess to clean water for all. She actively on our community by working to boost literacy worked to improve city infrastructure for im- f rates for adult students who read, write, or proved water service. In addition, Ms. Lewis speak English below the 6th grade level. led several projects to provide holiday meals PERSONAL EXPLANATION Founded by Ruth Colvin in 1962, for more to Highland Park’s most vulnerable residents. than 70 years LiteracyCNY has helped thou- Ms. Lewis spearheaded the revitalization of sands of adults in Onondaga County improve the city’s Mark E. Storen Memorial Park, al- HON. GLENN THOMPSON their literacy and English skills by offering free lowing for greater enjoyment of the public OF PENNSYLVANIA reading and writing instruction. However space. today, there’s still more work to be done. Ac- IN THE HOUSE OF REPRESENTATIVES Norma Lewis’ work has been recognized by cording to the Programme for the International dozens of organizations. Please join me in Wednesday, September 23, 2020 Assessment of Adult Competencies, there are recognizing the outstanding contributions of approximately 60,000 adults in Onondaga Norma J. Lewis, wife, mother, and public serv- Mr. THOMPSON of Pennsylvania. Madam County with limited literacy skills and English ant, as we honor her memory. Speaker, due to pre-scheduled travel with the proficiency. Without these skills, individuals in President, I was absent from voting on Sep- f our community are unable to fully participate tember 22, 2020. as citizens, parents, or employees. IN RECOGNITION OF WILLIAM Had I been present, I would have voted In recent years, LiteracyCNY has continued SLEIGHT FOR A DISTINGUISHED YEA on Roll Call No. 196 and YEA on Roll to make progress, enrolling more than 350 CAREER WITH MICHIGAN WORKS! Call No. 197. students on an annual basis, with approxi- SOUTHEAST mately 80 percent of their students making f measurable gains on standardized tests. Even HON. DEBBIE DINGELL amid the COVID–19 pandemic, LiteracyCNY OF MICHIGAN IN REMEMBRANCE OF JACK has continued their important work. The orga- EVERSOLE IN THE HOUSE OF REPRESENTATIVES nization adapted to changing circumstances Wednesday, September 23, 2020 and provided learners with instruction via tele- HON. BRETT GUTHRIE conferencing. Mrs. DINGELL. Madam Speaker, I rise In addition to its work on reading and writ- today to offer my heartfelt congratulations to OF KENTUCKY ing, LiteracyCNY provides students with les- William Sleight as he celebrates his retirement IN THE HOUSE OF REPRESENTATIVES sons to help them thrive in their daily lives. and recognize his years of distinguished serv- The organization offers information and refer- ice with Michigan Works! Southeast. His con- Wednesday, September 23, 2020 rals to human and emergency services, and tributions to Michigan are worthy of com- Mr. GUTHRIE. Madam Speaker, I rise today makes individuals aware of local job opportu- mendation. in remembrance of T. Jack Eversole, founder nities. LiteracyCNY also works to raise aware- William Sleight’s career in workforce devel- of the Barren River Area Development District ness about the issue of adult literacy and vol- opment spans nearly 40 years. After earning a (BRADD) in my district. Jack passed away unteers advocate to policymakers on behalf of master’s degree in Public Administration from peacefully last month, and he will be sorely their students in Central New York. Michigan State University, Sleight served in missed. Madam Speaker, as we celebrate National various roles for the workforce programs in Adult Education and Family Literacy Week, I A World War II Marine Corps veteran who Livingston and Washtenaw Counties before ask that my colleagues in the House join me served in the South Pacific, Jack graduated starting his career with the Michigan Works! in honoring the contributions of LiteracyCNY. from the University of Kentucky and Western Association. He served as Director of Living- Through its work to boost literacy rates, this Kentucky University and was passionate about ston County Michigan Works! for 25 years, organization is helping adults in Central New serving his community. Before founding and later was appointed Director of Michigan York achieve career success, teach their chil- BRADD, Jack worked in journalism and com- Works! Southeast in May 2016. dren, and reach their full potential. munications in Glasgow and Bowling Green, Sleight has also served on numerous state, f local and regional boards and committees was on the Bowling Green-Warren County throughout Michigan. He is the founding co- Planning Commission, and served as a War- RECOGNIZING TIM HAY FOR HIS chair of the Workforce Intelligence Network for ren County Magistrate. He established YEARS OF SERVICE AS THE Southeast Michigan and the current chair of BRADD in 1968 and led the organization for FLORIDA SENATE SERGEANT AT the Southeast Michigan Works Agencies 32 years, growing it from a three-person team ARMS Council (SEMWAC) His dedication to Michigan with a $50,000 budget to a thriving agency has expanded jobs, facilitated economic with a budget of $7.6 million when he retired HON. MARIO DIAZ-BALART in 2000. growth, opened doors, and created a host of OF FLORIDA opportunities for thousands of people His Jack was innovative, and he always wanted IN THE HOUSE OF REPRESENTATIVES years of devoted work have made a difference to help solve problems. He directed many in the lives of Michiganders across the state, projects that have been instrumental to the Wednesday, September 23, 2020 and his efforts in labor development will leave Commonwealth and to the region. His hard Mr. DIAZ-BALART. Madam Speaker, I rise a lasting impact on the workforce in the years work continues to benefit Kentuckians, and I today to commemorate Mr. Tim Hay, who will to come. am grateful for all that he did during his time shortly be leaving his role as Sergeant at Without a doubt, William Sleight has de- with BRADD and serving our country. I join Arms of the Florida Senate. Tim’s commitment voted his career to serving Michigan and has the entire south-central Kentucky community to protecting and serving the Florida Senate is worked tirelessly to ensure it remains a fruitful in mourning the loss of Jack Eversole who of the highest caliber and I am thankful for his and prosperous place. Across all capacities, was a faithful servant to our state and country. years of dedication to my home state. William Sleight has been recognized as a My prayers are with his family and friends as A lifelong Floridian, Tim received his bach- dedicated, compassionate, and humble leader he is laid to rest in Arlington National Ceme- elor’s degree in criminology from Florida State who strives to make a meaningful difference. tery. University, and, in 2012, began his career with

VerDate Sep 11 2014 10:37 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.005 E23SEPT1 dlhill on DSK120RN23PROD with REMARKS September 23, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E875 the Florida Senate as Assistant Sergeant at sister Dottie, and even sang on a children’s On Roll Call Vote Number 183, On Motion Arms. He held this position until 2014, where radio show in Detroit at the age of nine. Dur- to Suspend the Rules and Pass S. 4894, as he was appointed to Sergeant at Arms. In this ing the Great Depression, Edythe stayed amended, I would have voted Aye. role, Tim has been responsible for managing home to care for her father who lost his job. On Roll Call Vote Number 184, On Motion twenty-five full time employees and overseeing To get through the troubling era, she would to Suspend the Rules and Pass H.R. 2193, I the security and maintenance of the Florida collect discarded skim milk from a local would have voted Aye. Senate buildings, including the Senate Cham- creamery and help her father knock coal off On Roll Call Vote Number 185, On Ordering ber. For close to six years, Tim has done a freight trains to heat their house. At the age of the Previous Question to H. Res. 1107, I commendable job ensuring the safety of all 17, Edythe became a nanny where she would have voted Aye. who work in or visit the Florida Senate and I earned one dollar a day plus room and board. On Roll Call Vote Number 186, On Agreeing am thankful for his dedicated service. Despite the meager wages, the impact of the to the Resolution H. Res. 1107, I would have Having had the privilege of knowing Tim for Great Depression taught Edythe how to be voted Aye. many years, I can firsthand attest to his pro- frugal in her spending and allowed her to save On Roll Call Vote Number 187, On Agreeing fessionalism and dedication to serving the enough earnings to buy a wedding dress to the Allen Amendment to H.R. 2639, I would State of Florida. His respectful demeanor is when she got married. have voted Nay. apparent to all who have worked with him and In 1940, Edythe married her husband, Rob- On Roll Call Vote Number 188, On Agreeing I know that he has represented the Florida ert McTaggart. The two built a home together to the Moulton Amendment to H.R. 2639, I Senate well. While I recognize that Tim’s col- in Wyandotte and completed much of the work would have voted Aye. leagues will greatly miss his leadership and themselves. Although it was difficult finding On Roll Call Vote Number 189, On Passage expertise, I have no doubt that he will excel in materials during the war, they were able to of H.R. 2639, I would have voted Aye. his future position at the Florida Department of move into the new home in 1948. Throughout On Roll Call Vote Number 190, On Motion Education. the war, the two also started a family and wel- to Suspend the Rules and Pass, as Amended Madam Speaker, I am honored to pay trib- comed sons Robert Jr., Thomas, and David by H.R. 7909, I would have voted Aye. ute to Mr. Tim Hay, and I ask my fellow col- 1952. After raising her children, Edythe re- On Roll Call Vote Number 191, On Motion leagues to join me in recognizing this out- turned to school and earned her bachelor’s to Recommit with Instructions H.R. 2574. I standing individual. degree in education at the age of 50. She be- would have voted Aye. f came a teacher in the Taylor School District, On Roll Call Vote Number 192, On Passage and later earned a master’s degree in special of H.R. 2574, I would have voted Aye. SAFEGUARDING THERAPEUTICS education. Until her retirement 35 years ago, On Roll Call Vote Number 193, On Agreeing ACT she dedicated her teaching career to helping to Resolution H. Res. 908, I would have voted children with special needs and disabilities. Aye. SPEECH OF Beyond the classroom, Edythe is fond of On Roll Call Vote Number 194, On Motion HON. ANNA G. ESHOO traveling and has explored the world with Rob- to Recommit with Instructions on H.R. 2694, I OF CALIFORNIA ert. Together, they visited Europe, Asia, Latin would have voted Nay. IN THE HOUSE OF REPRESENTATIVES America, and the Caribbean. Upon her retire- On Roll Call Vote Number 195, On Passage ment, Edythe and Robert began spending win- of H.R. 2694, I would have voted Aye. Monday, September 21, 2020 ters in Florida, until Robert’s passing in 1998. f Ms ESHOO. Madam Speaker, I rise in sup- Today, Edythe remains active in the commu- port of H.R. 5663, the Safeguarding Thera- nity and enjoys reading, crocheting, and PERSONAL EXPLANATION peutics Act. I’m proud to have advanced this spending time with her sons, three grand- bipartisan bill through my Health Sub- children, and one great-grandchild. Her atti- HON. GUY RESCHENTHALER committee and I’m pleased to support it on the tude and spirit continue to shine bright for all OF PENNSYLVANIA Floor. to see. Throughout her 100 years, Edythe has IN THE HOUSE OF REPRESENTATIVES The Safeguarding Therapeutics Act was in- demonstrated a true commitment to her family Wednesday, September 23, 2020 troduced by Representatives BRETT GUTHRIE and her community. Her strength and perse- and ELIOT ENGEL. verance through turbulent times has provided Mr. RESCHENTHALER. Madam Speaker, Today, the FDA has the authority to destroy a lasting example of what can be accom- had I been present, I would have voted YEA confiscated counterfeit or adulterated drugs. plished when we all work together and treat on Roll Call No. 196; YEA on Roll Call No. This bill extends that authority to medical de- one another with compassion, respect, and 197; and YEA on Roll Call No. 198. vices. dignity. f Illicit trade and counterfeit products present Madam Speaker, I ask my colleagues to join growing risks to patients and consumers. We me in celebrating Edythe McTaggart on her PERSONAL EXPLANATION have the opportunity to ensure that FDA has 100th birthday. I join with Edythe’s friends and the authority needed to destroy counterfeit family in extending my best and warmest HON. PETE STAUBER drugs, devices and combination products. wishes to her on this special day. May her OF MINNESOTA This bill closes a gap and protects patients 100th year bring her many blessings and a IN THE HOUSE OF REPRESENTATIVES from the growing threat of counterfeit prod- continued life full of laughter, peace, and Wednesday, September 23, 2020 ucts, and I urge my colleagues to support this every happiness. legislation. f Mr. STAUBER. Madam Speaker, I was un- f able to vote on September 22, 2020 due to a PERSONAL EXPLANATION personal matter. IN CELEBRATION OF EDYTHE Had I been present, I would have voted MCTAGGART’S 100TH BIRTHDAY HON. PETER A. DeFAZIO YEA on Roll Call No. 196; YEA on Roll Call OF OREGON No. 197; and YEA on Roll Call No. 198. HON. DEBBIE DINGELL IN THE HOUSE OF REPRESENTATIVES f OF MICHIGAN Wednesday, September 23, 2020 HONORING JOHN REINHART FOR IN THE HOUSE OF REPRESENTATIVES Mr. DEFAZIO. Madam Speaker, during the HIS RETIREMENT FROM THE Wednesday, September 23, 2020 week of September 14, 2020, I was unable to PORT OF VIRGINIA Mrs. DINGELL. Madam Speaker, I rise vote due to the devastating and deadly today to offer my heartfelt congratulations to wildfires burning throughout my District. I am HON. ELAINE G. LURIA Edythe McTaggart as she celebrates her working with the White House, the Federal OF VIRGINIA 100th birthday. This significant milestone is Emergency Management Agency, U.S. Forest IN THE HOUSE OF REPRESENTATIVES worthy of commendation. Service, U.S. Army Corps, U.S. Department of Edythe McTaggart was born August 21, Transportation, and Governor Brown to help Wednesday, September 23, 2020 1920 to Edmond Parent and Edith Tice, and my constituents get the assistance they need. Mrs. LURIA. Madam Speaker, I rise today to grew up in Trenton, Michigan. Throughout her Had I been present for votes, I would have honor and recognize John Reinhart upon his childhood, Edythe enjoyed performing with her voted: retirement from the Port of Virginia.

VerDate Sep 11 2014 10:37 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.010 E23SEPT1 dlhill on DSK120RN23PROD with REMARKS E876 CONGRESSIONAL RECORD — Extensions of Remarks September 23, 2020 For nearly seven years, John has led the torney’s Office for the Northern District of New this legislation during our Members’ Day Port of Virginia as the Chief Executive Officer York and have always known him to be a panel. and Executive Director. John assembled and dedicated public servant, staunch defender of Medicaid’s coverage of transportation to cultivated a skilled and highly knowledgeable the law, a stalwart advocate for victims and health services is a lifeline for patients, espe- team, then provided impressive leadership and their families, and a genuinely good person. cially those who live in rural or underserved vision, to transform the Port of Virginia into a After graduating with a Juris Doctor from areas. twenty-first century facility. University of Florida College of Law in 1982, Over half of Medicaid transportation serv- With a mantra of ‘‘Wider, Deeper & Safer,’’ Mr. Jaquith began his career as a Judge Ad- ices are used by patients with the highest bur- John steered the approval, funding and com- vocate on active duty in the U.S. Army. He den of chronic diseases, including those diag- mencement of dredging the Norfolk Harbor then went on to join the Department of Jus- nosed with cancer, HIV, mental illness, sub- and Channels to fifty-five feet depth. This will tice, where he served as a line prosecutor, su- stance abuse, and end-stage renal disease. allow Hampton Roads to accommodate fully pervisor, and eventually, as the 49th U.S. At- Without this help, patients cannot access loaded Ultra-Large Container Vessels now and torney for the Northern District of New York. the chemotherapy, dialysis, and other services in the future. As Hampton Roads is also home Over the course of his career, Mr. Jaquith that allow them to remain at home and out of to the world’s largest naval base with six air- prosecuted many high-profile cases that the hospital. craft carriers, this widening will also enable strengthened national security and helped Medicaid transportation has been a manda- safe, two-way traffic to prevent delays to com- combat violent crime, organized crime, the tory Medicaid benefit by regulation since the mercial and military vessels. opioid crisis, and financial fraud. I had the Medicaid program’s inception in 1966. This bill Under John’s supervision, the Port of Vir- privilege of working with Mr. Jaquith on a codifies and protects the benefit. ginia constructed the new Virginia International number of these cases and saw first-hand I urge my colleagues to support this com- Gateway. Hosting the largest ship-to-shore how his dogged determination and keen intel- monsense bill. cranes in the Western Hemisphere, this state- lect spelled trouble for criminals. The impact f of-the-art facility has some of the best cargo he had on my career was profound and his PERSONAL EXPLANATION flow rates and vehicle turn-times in the nation. guidance made me a better prosecutor and While expanding the Port’s capacity, John person. For his work, Mr. Jaquith earned a HON. GLENN THOMPSON also successfully reduced emissions by number of awards, including the Executive Of- OF PENNSYLVANIA transitioning away from diesel-driven container fice for U.S. Attorneys Director’s Award for Ex- IN THE HOUSE OF REPRESENTATIVES movement to an electric, safer and more ecutive Achievement. space-conscious method of container handling As a supervisor, Mr. Jaquith developed Wednesday, September 23, 2020 and stacking. These electric gantry cranes scores of young prosecutors, always stressing Mr. THOMPSON of Pennsylvania. Madam dramatically reduce emissions, fuel consump- thoroughness, hard work, determination and Speaker, due to pre-scheduled travel with the tion and noise. above all ethical conduct. Through his efforts, President, I was absent from voting on Sep- With a vision for the future, John has the U.S. Attorney’s office for the Northern Dis- tember 22, 2020. As such, I was unable to planned and begun building the first infrastruc- trict of New York became known as one of the vote on the Continuing Resolution, which will ture dedicated to our region’s nascent offshore premier offices in the country. As U.S. Attor- keep the government funded into December wind industry. Recognizing the Port of Vir- ney, Mr. Jaquith continued to take a leader- and provide critical funding for the USDA’s ginia’s natural benefits with a deep channel ship role in the many successes of the office. Commodity Credit Corporation. and no overhead obstructions, he has helped He also took a national leadership role by To ensure USDA meets its farm bill obliga- posture Hampton Roads to become a nucleus serving on several subcommittees of the Attor- tions and temporary assistance to rural Amer- for our nation’s growing carbon-free power ney General’s Advisory Committee, including ica continues during these difficult times, re- generation industry. Border and Immigration, Native American plenishing the CCC was a major priority and The improvements John has made at the Issues, and Servicemembers and Veterans I strongly support its inclusion in this CR. Port have benefited not only all Virginians but Rights. He also served on the Attorney Gen- Had I been present, I would have voted most Americans. The Port of Virginia’s reach eral’s Advisory Committee’s Healthcare Fraud YEA on Roll Call No. 198. covers all commerce east of the Mississippi Working Group. Outside of work, Mr. Jaquith f River and even extends to Kansas City, MO. is a dedicated husband to his wife Rosemarie. PERSONAL EXPLANATION Through the partnerships John helped build, Together, they have six children, and five the Port of Virginia achieved record-setting grandchildren. cargo volume for six consecutive years. The Madam Speaker, I ask that my colleagues HON. STEVE COHEN COVID–19 pandemic has proven American in the House join me in recognizing the highly OF TENNESSEE businesses and workers need efficient and re- distinguished career of Grant Jaquith. A dedi- IN THE HOUSE OF REPRESENTATIVES liable supply chains, and the Port has proven cated public servant, I wish Grant the best as Wednesday, September 23, 2020 vital to this endeavor. he enters the next phase of his career as a Mr. COHEN. Madam Speaker, although I John’s dedication to strengthening and im- Judge on the U.S. Court of Appeals for Vet- was present, my vote inadvertently was not re- proving Virginia’s infrastructure and economy erans Claims. corded on H.R. 451. My vote should have is truly inspiring. I am proud to honor and rec- f been recorded as Yea. ognize his leadership and the role he plays in f making our community a better place. Hamp- PROTECTING PATIENTS ton Roads has significantly benefited from his TRANSPORTATION TO CARE ACT NATIONAL VOTER REGISTRATION efforts. DAY SPEECH OF f HON. ANNA G. ESHOO HONORING THE CAREER OF HON. MARCY KAPTUR OF CALIFORNIA OF OHIO GRANT JAQUITH IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES HON. JOHN KATKO Monday, September 21, 2020 Wednesday, September 23, 2020 OF NEW YORK Ms. ESHOO. Madam Speaker, I rise in sup- Ms. KAPTUR. Madam Speaker, yesterday, IN THE HOUSE OF REPRESENTATIVES port of H.R. 3935, the Protecting Patients our Nation marked National Voter Registration Transportation to Care Act. I’m proud to have Day. But it was also a day of reckoning and Wednesday, September 23, 2020 advanced this bipartisan bill out of my Health milestone as our Nation surpassed 200,000 Mr. KATKO. Madam Speaker, I rise today to Subcommittee and I’m pleased to support it on COVID–19 deaths. Unfortunately, by erecting honor the career of my good friend and former the Floor. barriers to voting, we are sending the wrong colleague, Grant Jaquith, who upon his ap- The Protecting Patients Transportation to signal to our citizens. We can do better as vot- pointment as a Judge on the United States Care Act introduced by Representatives ing is the lifeblood of our Democracy. Court of Appeals for Veterans Claims, has re- BUDDY CARTER and TONY CA´RDENAS requires Our nation must take common sense steps signed from the Department of Justice after states to offer a non-emergency medical trans- like passing the HEROES Act with its $3.6 bil- serving 31 years. I was proud to serve along- portation benefit. Our Committee also heard lion for state election grants and reigning in side Mr. Jaquith while working for the U.S. At- from Representative SANFORD BISHOP about the President’s politization of the USPS.

VerDate Sep 11 2014 10:37 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.016 E23SEPT1 dlhill on DSK120RN23PROD with REMARKS September 23, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E877 The State of Ohio can also do better. Ohio Institutions should share broad voter edu- SENATE COMMITTEE MEETINGS must add more drop boxes for voting, provide cation information about how to vote, in- universal prepaid postage, and simplify the cluding the following: Title IV of Senate Resolution 4, ∑ Communicate to your students to ensure agreed to by the Senate of February 4, ballot request process. they are registered to vote and that their While Republican leaders in Columbus and registration information is up to date. 1977, calls for establishment of a sys- in Washington have wrapped themselves in ∑ Explain Ohio’s voter ID requirements di- tem for a computerized schedule of all knots, yesterday, I led an Ohio delegation let- rectly to students and staff with emails, meetings and hearings of Senate com- ter urging Ohio higher educational institutions posters or mailers. Students driver’s license mittees, subcommittees, joint commit- proactively educate students, faculty, and staff may be expired this year, but the Ohio legislature authorized individuals to vote with an tees, and committees of conference. about how to ensure their voice is heard at the This title requires all such committees ballot box. expired license, which students, faculty and staff may not know. to notify the Office of the Senate Daily I include in the RECORD our September 22, ∑ Clarify that if a student’s current ad- Digest—designated by the Rules Com- 2020, letter. dress varies from where they registered when CONGRESS OF THE UNITED STATES, they go to vote, they can vote absentee, with mittee—of the time, place and purpose Washington, DC, September 22, 2020. the mailer sent to another address, or they of the meetings, when scheduled and DEAR OHIO COLLEGE AND UNIVERSITY PRESI- can vote provisionally if they can prove their any cancellations or changes in the DENTS: As our State continues to grapple address. meetings as they occur. with the challenges presented by COVID–19, ∑ Be prepared to educate students on how our nation is relying on Ohio’s colleges and to vote by mail or vote provisionally in the As an additional procedure along universities to take a leadership role in en- event that campuses close due to the pan- with the computerization of this infor- suring access to the ballot box. This duty is demic. particularly important as we commemorate ∑ Make clear to students that where you mation, the Office of the Senate Daily national voter registration day on Sep- register to vote will not affect federal finan- Digest will prepare this information for tember 22, 2020. Your institutions play a key cial aid such as Pell Grants, Perkins or Staf- printing in the Extensions of Remarks role in ensuring that students understand ford loans, or your dependency status for section of the CONGRESSIONAL RECORD how to access and exercise their constitu- FAFSA; being registered to vote at a dif- tionally enshrined right to vote. Under nor- ferent address from your parents does not on Monday and Wednesday of each mal circumstances, students face barriers to prevent them from claiming you as a depend- week. voting, and in these difficult times, those ent on their taxes; and being deemed out-of- Meetings scheduled for Thursday, barriers have multiplied. We ask that each of state for tuition purposes does not prevent you to take steps to ensure your institution you from choosing to register to vote in your September 24, 2020 may be found in the commits to easing barriers for your faculty, campus community. Daily Digest of today’s RECORD. students and staff to vote. ∑ Provide faculty, staff, and students with As we know, the 1965 Higher Education Act information about how to volunteer as poll (HEA) helped increase access to higher edu- workers. MEETINGS SCHEDULED cation for low-income and first-generation Students, faculty and staff at your institu- SEPTEMBER 30 tions need the type of nonpartisan voter in- college students. In 1998, recognizing the im- 10 a.m. portance of involving younger generations in formation described in this letter. In a time Committee on Commerce, Science, and the democratic process, Congress expanded where voter disinformation is rampant, your Transportation the scope of the act to include provisions on colleges and universities have not only a To hold hearings to examine NASA mis- student voting. Section 487(a)(23) of the HEA legal obligation, but also a moral obligation sions and programs, focusing on update as reauthorized in 1998 specified that institu- to make your campuses an example of demo- and future plans. tions must make a good faith effort to facili- cratic participation. Thank you for your SR–253 tate student voter registration. This rein- leadership and for taking every step possible Committee on the Judiciary forced vital role institutions of higher edu- to ease the barriers of voting for eligible vot- To hold an oversight hearing to examine cation play in educating and encouraging ers on your campuses. the Crossfire Hurricane Investigation. students to vote. Sincerely, Your institutions have the opportunity to MARCY KAPTUR, SD–G50 play an essential role in ensuring that young Member of Congress. Americans participate in our democracy by MARCIA L. FUDGE, OCTOBER 1 taking simple steps such as designating Member of Congress. 9:15 a.m. places where students can complete voter JOYCE BEATTY, Committee on Armed Services registration forms or absentee ballot re- Member of Congress. Subcommittee on Readiness and Manage- quests. Colleges can text students where SHERROD BROWN, ment Support these one-stop election stations are located United States Senator. To hold hearings to examine supply and can e-mail students a voter registration TIM RYAN, chain integrity. link. Member of Congress. SD–G50

VerDate Sep 11 2014 10:37 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A23SE8.021 E23SEPT1 dlhill on DSK120RN23PROD with REMARKS Wednesday, September 23, 2020 Daily Digest Senate Allen Robert Souza, of North Carolina, to be In- Chamber Action spector General of the Intelligence Community, Of- Routine Proceedings, pages S5795–S5841 fice of the Director of National Intelligence. Measures Introduced: Twenty-four bills and four Page S5841 resolutions were introduced, as follows: S. Messages from the House: Page S5829 4657–4680, S. Res. 713–714, and S. Con. Res. Measures Referred: Pages S5829–30 46–47. Pages S5832–33 Measures Placed on the Calendar: Page S5796 Measures Passed: Measures Read the First Time: Page S5830 Enrollment Correction: Senate agreed to S. Con. Executive Communications: Pages S5830–32 Res. 46, to correct the enrollment of S. 2330. Page S5825 Petitions and Memorials: Page S5832 Young Nomination—Agreement: Senate resumed Additional Cosponsors: Pages S5833–35 consideration of the nomination of Roderick C. Statements on Introduced Bills/Resolutions: Young, of Virginia, to be United States District Pages S5835–38 Judge for the Eastern District of Virginia. Additional Statements: Pages S5828–29 Pages S5288–27, S5838–41 During consideration of this nomination today, Authorities for Committees to Meet: Page S5838 Senate also took the following action: Record Votes: Four record votes were taken today. By 93 yeas to 3 nays (Vote No. EX. 192), Senate (Total—193) Pages S5805, S5822–23 agreed to the motion to close further debate on the Adjournment: Senate convened at 10 a.m. and ad- nomination. Pages S5822–23 journed at 7:16 p.m., until 10 a.m. on Thursday, A unanimous-consent agreement was reached pro- September 24, 2020. (For Senate’s program, see the viding for further consideration of the nomination, remarks of the Majority Leader in today’s Record on post-cloture, at 10 a.m., on Thursday, September 24, page S5838.) 2020. Page S5838 Nominations Confirmed: Senate confirmed the fol- Committee Meetings lowing nominations: By 70 yeas to 27 nays (Vote No. EX. 191), John (Committees not listed did not meet) Charles Hinderaker, of Arizona, to be United States APPROPRIATIONS: NASA District Judge for the District of Arizona. Committee on Appropriations: Subcommittee on Com- Pages S5798–S5822 merce, Justice, Science, and Related Agencies con- During consideration of this nomination today, cluded a hearing to examine proposed budget esti- Senate also took the following action: mates and justification for fiscal year 2021 for the By 71 yeas to 26 nays (Vote No. EX. 190), Senate National Aeronautics and Space Administration, agreed to the motion to close further debate on the after receiving testimony from James F. Bridenstine, nomination. Page S5805 Administrator, National Aeronautics and Space Ad- By 54 yeas to 42 nays (Vote No. EX. 193), ministration. Jocelyn Samuels, of Maryland, to be a Member of PROTECTING THE INTEGRITY OF U.S. the Equal Employment Opportunity Commission for NATIONAL ELECTIONS a term expiring July 1, 2021. Page S5823 Committee on Armed Services: Committee received a Nomination Received: Senate received the fol- closed briefing on Department of Defense cyber op- lowing nomination: erations in support of efforts to protect the integrity D838

VerDate Sep 11 2014 10:41 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D23SE0.REC D23SEPT1 dlhill on DSK120RN23PROD with DIGEST September 23, 2020 CONGRESSIONAL RECORD — DAILY DIGEST D839 of United States national elections from malign ac- Fauci, Director, National Institute of Allergy and In- tors from Kenneth P. Rapuano, Assistant Secretary fectious Diseases, National Institutes of Health, Rob- for Homeland Defense and Global Security, and ert Redfield, Director, Centers for Disease Control General Paul M. Nakasone, USA, Commander, U.S. and Prevention, Admiral Brett P. Giroir, Assistant Cyber Command and Director, National Security Secretary for Health, and Stephen M. Hahn, Com- Agency, and Chief, Central Security Service, both of missioner, Food and Drug Administration, all of the the Department of Defense. Department of Health and Human Services. BUDGET OUTLOOK INDIAN AFFAIRS LEGISLATION Committee on the Budget: Committee concluded a hear- Committee on Indian Affairs: Committee concluded a ing to examine the Congressional Budget Office’s hearing to examine S. 3126, to amend the Public updated budget outlook, after receiving testimony Health Service Act to authorize a special behavioral from Phillip L. Swagel, Director, Congressional health program for Indians, S. 3264, to expedite and Budget Office. streamline the deployment of affordable broadband FEDERAL DATA PRIVACY LEGISLATION service on Tribal land, S. 3937, to amend section 330C of the Public Health Service Act to reauthorize Committee on Commerce, Science, and Transportation: special programs for Indians for providing services Committee concluded a hearing to examine the need for the prevention and treatment of diabetes, S. for federal data privacy legislation, after receiving 4079, to authorize the Seminole Tribe of Florida to testimony from California Attorney General Xavier lease or transfer certain land, and S. 4556, to author- Becerra, Sacramento; and Julie Brill, William E. ize the Secretary of Health and Human Services, act- Kovacic, Maureen K. Ohlhausen, and Jon Leibowitz, ing through the Director of the Indian Health Serv- all former Commissioners of the Federal Trade Com- ice, to acquire private land to facilitate access to the mission. Desert Sage Youth Wellness Center in Hemet, Cali- ENDANGERED SPECIES ACT AMENDMENTS fornia, after receiving testimony from Rear Admiral Committee on Environment and Public Works: Com- Michael D. Weahkee, Director, Indian Health Serv- mittee concluded a hearing to examine S. 4589, to ice, Department of Health and Human Services; amend the Endangered Species Act of 1973 to in- Marcellus Osceola Jr., Seminole Tribe of Florida, crease transparency, to support regulatory certainty, Hollywood; Timothy Nuvangyaoma, Hopi Tribe, and to reauthorize that Act, focusing on modernizing Kykotsmovi, Arizona; and Michael Chavarria, Pueblo the Endangered Species Act, after receiving testi- of Santa Clara, Albuquerque, New Mexico. mony from Wyoming Governor Mark Gordon, BUSINESS MEETING Cheyenne; Liesa Priddy, Florida Cattlemen’s Associa- tion, Immokalee, on behalf of the National Cattle- Committee on Veterans’ Affairs: Committee ordered fa- men’s Beef Association; and Jamie Rappaport Clark, vorably reported the following business items: Defenders of Wildlife, Leesburg, Virginia. S. 4393, to improve the provision of health care and other benefits from the Department of Veterans NOMINATION Affairs for veterans who were exposed to toxic sub- Committee on Homeland Security and Governmental Af- stances, with an amendment in the nature of a sub- fairs: Committee concluded a hearing to examine the stitute; and nomination of Chad F. Wolf, of Virginia, to be Sec- S. 4511, to make certain improvements in the retary of Homeland Security, after the nominee, who laws administered by the Secretary of Veterans Af- was introduced by Senator Cruz, testified and an- fairs relating to education, burial benefits, and other swered questions in his own behalf. matters. COVID–19 INTELLIGENCE Committee on Health, Education, Labor, and Pensions: Select Committee on Intelligence: Committee held closed Committee concluded a hearing to examine hearings on intelligence matters, receiving testimony COVID–19, focusing on an update on the federal re- from officials of the intelligence community. sponse, after receiving testimony from Anthony S. Committee recessed subject to the call.

VerDate Sep 11 2014 10:41 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D23SE0.REC D23SEPT1 dlhill on DSK120RN23PROD with DIGEST D840 CONGRESSIONAL RECORD — DAILY DIGEST September 23, 2020 House of Representatives Designating the community-based outpatient Chamber Action clinic of the Department of Veterans Affairs in Public Bills and Resolutions Introduced: 16 pub- St. Augustine, Florida, as the ‘‘Leo C. Chase Jr. lic bills, H.R. 8350–8365; and 16 resolutions, H. Department of Veterans Affairs Clinic’’: The Con. Res. 119; and H. Res. 1142–1147 were intro- House agreed to take from the Speaker’s table and duced. Pages H4883–84 pass S. 1646, to designate the community-based out- Additional Cosponsors: Pages H4885–86 patient clinic of the Department of Veterans Affairs Reports Filed: There were no reports filed today. in St. Augustine, Florida, as the ‘‘Leo C. Chase Jr. Department of Veterans Affairs Clinic’’. Speaker: Read a letter from the Speaker wherein she Pages H4733–34 appointed Representative Cuellar to act as Speaker Designating the Department of Veterans Affairs pro tempore for today. Page H4719 community-based outpatient clinic in Gilbert, Recess: The House recessed at 9:41 a.m. and recon- Arizona, as the ‘‘Staff Sergeant Alexander W. vened at 11 a.m. Page H4723 Conrad Veterans Affairs Health Care Clinic’’: The Naming the Department of Veterans Affairs House agreed to discharge from committee and pass community-based outpatient clinic in Youngs- H.R. 4983, to designate the Department of Veterans town, Ohio, as the ‘‘Carl Nunziato VA Clinic’’: Affairs community-based outpatient clinic in Gil- The House agreed to discharge from committee and bert, Arizona, as the ‘‘Staff Sergeant Alexander W. pass H.R. 5023, to name the Department of Vet- Conrad Veterans Affairs Health Care Clinic’’. erans Affairs community-based outpatient clinic in Page H4734 Youngstown, Ohio, as the ‘‘Carl Nunziato VA Clin- Suspensions: The House agreed to suspend the rules ic’’. Page H4732 and pass the following measures: Designating the Manhattan Campus of the New Commander John Scott Hannon Veterans Men- York Harbor Health Care System of the Depart- tal Health Care Improvement Act: S. 785, to im- ment of Veterans Affairs as the ‘‘Margaret Coch- prove mental health care provided by the Depart- ran Corbin Campus of the New York Harbor ment of Veterans Affairs; Pages H4734–52 Health Care System’’: The House agreed to discharge from committee and pass H.R. 1925, to des- Stopping Harm and Implementing Enhanced ignate the Manhattan Campus of the New York Lead-time for Debts for Veterans Act: H.R. 5245, Harbor Health Care System of the Department of amended, to amend title 38, United States Code, to Veterans Affairs as the ‘‘Margaret Cochran Corbin provide for a bar on the recovery of certain payments Campus of the New York Harbor Health Care Sys- or overpayments made by the Department of Vet- tem’’. Pages H4732–33 erans Affairs by reason of delays in processing of certain information; Pages H4752–54 Designating the medical center of the Depart- ment of Veterans Affairs in Ann Arbor, Michi- Homeless Veterans Coronavirus Response Act of gan, as the ‘‘Lieutenant Colonel Charles S. Ket- 2020: H.R. 7105, amended, to provide flexibility for tles Department of Veterans Affairs Medical the Secretary of Veterans Affairs in caring for home- Center’’: The House agreed to discharge from com- less veterans during a covered public health emer- mittee and pass H.R. 7347, to designate the medical gency; Pages H4754–63 center of the Department of Veterans Affairs in Ann Agreed to amend the title so as to read: ‘‘To pro- Arbor, Michigan, as the ‘‘Lieutenant Colonel Charles vide flexibility for the Secretary of Veterans Affairs S. Kettles Department of Veterans Affairs Medical in caring for homeless veterans during a covered Center’’. Page H4733 public health emergency, to direct the Secretary of Designating the clinic of the Department of Vet- Veterans Affairs to carry out a retraining assistance erans Affairs in Bend, Oregon, as the ‘‘Robert D. program for unemployed veterans, and for other pur- Maxwell Department of Veterans Affairs Clinic’’: poses.’’; Page H4763 The House agreed to take from the Speaker’s table Veterans Comprehensive Prevention, Access to and pass S. 4072, to designate the clinic of the De- Care, and Treatment Act of 2020: H.R. 8247, partment of Veterans Affairs in Bend, Oregon, as the amended, to make certain improvements relating to ‘‘Robert D. Maxwell Department of Veterans Affairs the transition of individuals to services from the De- Clinic’’. Page H4733 partment of Veterans Affairs, suicide prevention for

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VerDate Sep 11 2014 10:41 Sep 24, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D23SE0.REC D23SEPT1 dlhill on DSK120RN23PROD with DIGEST D842 CONGRESSIONAL RECORD — DAILY DIGEST September 23, 2020 DRIVING EQUITY: THE U.S. DEPARTMENT Taylor B. McNeel, both to be a United States District OF TRANSPORTATION’S DISADVANTAGED Judge for the Southern District of Mississippi, Kathryn BUSINESS ENTERPRISE PROGRAM Kimball Mizelle, to be United States District Judge for the Middle District of Florida, and Thompson Michael Committee on Transportation and Infrastructure: Full Dietz, of New Jersey, to be a Judge of the United States Committee held a hearing entitled ‘‘Driving Equity: Court of Federal Claims, 10 a.m., SR–325. The U.S. Department of Transportation’s Disadvan- Select Committee on Intelligence: to hold closed hearings to taged Business Enterprise Program’’. Testimony was examine certain intelligence matters, 9:30 a.m., heard from Sandy-Michael McDonald, Director, Of- SVC–217. fice of Economic and Small Business Development, Special Committee on Aging: to hold hearings to examine Broward County, Florida; Sandra Norman, Adminis- women and retirement, focusing on unique challenges trator, Civil Rights Division, Virginia Department and opportunities to pave a brighter future, 9:30 a.m., of Transportation; and public witnesses. SD–562. TOXIC EXPOSURES: EXAMINING House AIRBORNE HAZARDS IN THE SOUTHWEST Committee on Agriculture, Subcommittee on Conservation ASIA THEATER OF MILITARY OPERATIONS and Forestry, hearing entitled ‘‘The 2020 Wildfire Year: Response and Recovery Efforts’’, 1 p.m., 1300 Longworth Committee on Veterans’ Affairs: Subcommittee on Dis- and Webex. ability Assistance and Memorial Affairs held a hear- Committee on Education and Labor, Full Committee, ing entitled ‘‘Toxic Exposures: Examining Airborne markup on H.R. 8294, the ‘‘National Apprenticeship Act Hazards in the Southwest Asia Theater of Military of 2020’’, 10:15 a.m., 2175 Rayburn and Webex. Operations’’. Testimony was heard from Laurine Car- Committee on Energy and Commerce, Subcommittee on son, Deputy Executive Director, Policy and Proce- Consumer Protection and Commerce, hearing entitled dures, Compensation Service, Veterans Benefits Ad- ‘‘Mainstreaming Extremism: Social Media’s Role in ministration, Department of Veterans Affairs; and Radicalizing America’’, 11 a.m., Webex. public witnesses. Committee on Foreign Affairs, Full Committee, hearing entitled ‘‘Oversight of the United States Agency for Global Media and U.S. International Broadcasting Ef- Joint Meetings forts’’, 10 a.m., 2172 Rayburn and Webex. No joint committee meetings were held. Committee on the Judiciary, Subcommittee on the Con- stitution, Civil Rights, and Civil Liberties, hearing enti- f tled ‘‘Oversight of the Civil Rights Division of the De- COMMITTEE MEETINGS FOR THURSDAY, partment of Justice’’, 9:30 a.m., 2141 Rayburn and SEPTEMBER 24, 2020 Webex. Full Committee, hearing entitled ‘‘Diversity in Amer- (Committee meetings are open unless otherwise indicated) ica: The Representation of People of Color in the Media’’, 2:30 p.m., 2141 Rayburn and Webex. Senate Committee on Natural Resources, Subcommittee on Water, Committee on Banking, Housing, and Urban Affairs: to Oceans, and Wildlife, hearing entitled ‘‘Federal and State hold hearings to examine the quarterly CARES Act report Efforts to Restore the Salton Sea’’, 12 p.m.,Webex. to Congress, 10 a.m., SD–106. Subcommittee for Indigenous Peoples of the United Committee on Commerce, Science, and Transportation: Sub- States, hearing on H.R. 7565, to authorize the Seminole committee on Communications, Technology, Innovation, Tribe of Florida to lease or transfer certain land, and for and the Internet, to hold hearings to examine an evalua- other purposes; and H.R. 8255, to clarify the status of tion of FirstNet’s progress, 10 a.m., SR–253. gaming conducted by the Catawba Indian Nation, and for Committee on Foreign Relations: to hold hearings to exam- other purposes, 2 p.m., Webex ine United States policy in a changing Middle East, 9 Committee on Oversight and Reform, Subcommittee on En- a.m., SD–G50. vironment Hybrid, hearing entitled ‘‘Climate Change, Committee on Homeland Security and Governmental Affairs: Part IV: Moving Towards a Sustainable Future’’, 2 p.m., to hold hearings to examine threats to the homeland, 10 2154 Rayburn and Webex. a.m., SD–342. Committee on Small Business, Subcommittee on Innova- Committee on the Judiciary: business meeting to consider tion and Workforce Development, hearing entitled ‘‘Pay- S. 4632, to amend title 17, United States Code, to estab- check Protection Program: An Examination of Loan For- lish an alternative dispute resolution program for copy- giveness, SBA Legacy Systems, and Inaccurate Data’’, 10 right small claims, to amend the Communications Act of a.m., 2360 Rayburn and Webex. 1934 to modify the scope of protection from civil liabil- Committee on Transportation and Infrastructure, Sub- ity for ‘‘good Samaritan’’ blocking and screening of offen- committee on Water Resources and Environment, hearing sive material, and the nominations of Benjamin Joel entitled ‘‘The Comprehensive Everglades Restoration Plan Beaton, to be United States District Judge for the West- and Water Management in Florida’’, 11 a.m., 2167 Ray- ern District of Kentucky, Kristi Haskins Johnson, and burn and Webex.

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Committee on Ways and Means, Subcommittee on Social gressional capacity, reclaim Article One responsibilities, Security, hearing entitled ‘‘Save Our Social Security reform the budget and appropriations process, identify Now’’, 1 p.m., 1100 Longworth and Webex. administrative inefficiencies, and improve technology and Select Committee on the Modernization of Congress, Full continuity in Congress; and to consider the Committee’s Committee, business meeting on recommendations to im- Final Report, 9 a.m., 210 Cannon. prove the congressional schedule and calendar, boost con-

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, September 24 9 a.m., Thursday, September 24

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Continue consideration of H.R. ation of the nomination of Roderick C. Young, of Vir- 4447—Expanding Access to Sustainable Energy Act. ginia, to be United States District Judge for the Eastern District of Virginia, post-cloture, and expects to vote on confirmation thereon.

Extensions of Remarks, as inserted in this issue

HOUSE Dingell, Debbie, Mich., E873, E874, E875 Luria, Elaine G., Va., E875 Eshoo, Anna G., Calif., E875, E876 Reschenthaler, Guy, Pa., E875 Cohen, Steve, Tenn., E876 Gibbs, Bob, Ohio, E873 Stauber, Pete, Minn., E875 Courtney, Joe, Conn., E873 Guthrie, Brett, Ky., E874 Thompson, Glenn, Pa., E874, E876 DeFazio, Peter A., Ore., E875 Kaptur, Marcy, Ohio, E876 Tlaib, Rashida, Mich., E873 Diaz-Balart, Mario, Fla., E874 Katko, John, N.Y., E873, E874, E876

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