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H.R. 6707, Resources for Workforce Investments, Not Drilling Act

Summary

H.R. 6707, the Resources for Workforce Investments, Not Drilling Act, is a bill introduced in the House of Representatives on May 5, 2020 by Ms. Barragán and referred to the Committee on Natural Resources, and in addition to other committees. Its stated purpose is to amend the Mineral Leasing Act and the Outer Continental Shelf Lands Act to limit the authority of the Secretary of the Interior to reduce certain royalties, and to amend the CARES Act to limit the provision of assistance to certain businesses. It also states a purpose to impose a moratorium on certain oil and natural gas lease sales, the issuance of coal leases, and modifications to certain regulations, and to extend certain public comment periods.

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Issuer
Congressional materials
Document type
Bills Bills 116Hr6707Ih Bills 116Hr6707Ih
Case
Bills Bills 116Hr6707Ih Bills 116Hr6707Ih

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“H.R. 6707, Resources for Workforce Investments, Not Drilling Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr6707ih-bills-116hr6707ih/, SHA-256 53a7a0c71c42e90cb41699b45ef466be90f84e69c9ed0341e1cbc5e50db6a1b2.

Full text

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                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                            H. R. 6707
                                                                       To amend the Mineral Leasing Act and the Outer Continental Shelf Lands
                                                                           Act to limit the authority of the Secretary of the Interior to reduce
                                                                           certain royalties, to amend the CARES Act to limit the provision of
                                                                           assistance to certain businesses, to impose a moratorium on certain
                                                                           oil and natural gas lease sales, the issuance of coal leases, and modifica-
                                                                           tions to certain regulations, to extend certain public comment periods,
                                                                           and for other purposes.




                                                                                    IN THE HOUSE OF REPRESENTATIVES
                                                                                                        MAY 5, 2020
                                                                       Ms. BARRAGÁN (for herself, Ms. OMAR, Mr. HUFFMAN, Ms. JAYAPAL, Mr.
                                                                           RASKIN, Mr. COHEN, Ms. OCASIO-CORTEZ, Ms. TLAIB, Ms. PRESSLEY,
                                                                           Mr. KENNEDY, Mr. BLUMENAUER, Mr. ESPAILLAT, Ms. NORTON, Ms.
                                                                           SPEIER, Mr. GARCÍA of Illinois, Ms. LEE of California, Mr. KHANNA, Ms.
                                                                           PINGREE, Mrs. NAPOLITANO, Mr. LOWENTHAL, Ms. ROYBAL-ALLARD,
                                                                           Mr. CARBAJAL, Mr. JOHNSON of Georgia, Mr. HASTINGS, Mr. MCGOV-
                                                                           ERN, Mr. SOTO, Ms. VELÁZQUEZ, Mr. LEVIN of California, Mr. GOMEZ,
                                                                           and Ms. WASSERMAN SCHULTZ) introduced the following bill; which was
                                                                           referred to the Committee on Natural Resources, and in addition to the
                                                                           Committees on Energy and Commerce, Financial Services, and the Judi-
                                                                           ciary, for a period to be subsequently determined by the Speaker, in each
                                                                           case for consideration of such provisions as fall within the jurisdiction of
                                                                           the committee concerned




                                                                                                                 A BILL
                                                                       To amend the Mineral Leasing Act and the Outer Conti-
                                                                          nental Shelf Lands Act to limit the authority of the
                                                                          Secretary of the Interior to reduce certain royalties, to




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                                                                          amend the CARES Act to limit the provision of assist-
                                                                          ance to certain businesses, to impose a moratorium on



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                                                                              certain oil and natural gas lease sales, the issuance of
                                                                              coal leases, and modifications to certain regulations, to
                                                                              extend certain public comment periods, and for other
                                                                              purposes.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3    SECTION 1. SHORT TITLE.

                                                                         4              This Act may be cited as the ‘‘Resources for Work-
                                                                         5 force Investments, Not Drilling Act’’ or the ‘‘ReWIND
                                                                         6 Act’’.
                                                                         7    SEC. 2. LIMITATION ON CERTAIN FORMS OF ASSISTANCE

                                                                         8                             UNDER THE CARES ACT.

                                                                         9              (a) EXCLUSION OF CERTAIN BUSINESSES FROM FI-
                                                                       10     NANCIAL ASSISTANCE.—

                                                                       11                        (1) DEFINITION OF ELIGIBLE BUSINESS.—Sec-
                                                                       12               tion 4002(4)(B) of the CARES Act (Public Law
                                                                       13               116–136; 134 Stat. 281) is amended by inserting
                                                                       14               ‘‘(other than a United States business for which not
                                                                       15               less than 15 percent of the revenue is derived from
                                                                       16               the extraction, transport, storage, export, or refining
                                                                       17               of oil, natural gas, and coal)’’ after ‘‘United States
                                                                       18               business’’.
                                                                       19                        (2) LOANS AND LOAN GUARANTEES FOR BUSI-
                                                                       20               NESSES CRITICAL TO MAINTAINING NATIONAL SECU-




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                                                                       21               RITY.—Section 4003(b)(3) of the CARES Act (Pub-

                                                                       22               lic Law 116–136; 134 Stat. 281) is amended by in-

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                                                                         1              serting ‘‘(other than a United States business for
                                                                         2              which not less than 15 percent of the revenue is de-
                                                                         3              rived from the extraction, transport, storage, export,
                                                                         4              or refining of oil, natural gas, and coal)’’ after ‘‘na-
                                                                         5              tional security’’.
                                                                         6              (b) LIMITATION                     ON         ACQUISITION                 OF      FEDERAL
                                                                         7 LEASES BY LOAN RECIPIENTS.—Section 4003(c)(1) of
                                                                         8 the CARES Act (Public Law 116–136; 134 Stat. 281) is
                                                                         9 amended by adding at the end the following:
                                                                       10                                  ‘‘(C) LIMITATION                      ON       ACQUISITION          OF

                                                                       11                        FEDERAL LEASES BY LOAN RECIPIENTS.—An

                                                                       12                        eligible business that receives a loan or loan
                                                                       13                        guarantee under this section may not bid on,
                                                                       14                        purchase, or acquire any Federal lease or ac-
                                                                       15                        quire a Federal lease from a third party until
                                                                       16                        the date on which the Secretary certifies that
                                                                       17                        any loans received or guaranteed under this sec-
                                                                       18                        tion have been repaid.’’.
                                                                       19               (c) LIMITATION ON LOANS AND LOAN GUARANTEES
                                                                       20     TO CERTAIN FINANCIAL INSTITUTIONS.—Section 4003 of

                                                                       21 the CARES Act (Public Law 116–136; 134 Stat. 281) is
                                                                       22 amended by adding at the end the following:
                                                                       23               ‘‘(i) LIMITATION ON LOANS AND LOAN GUARANTEES




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                                                                       24     TO CERTAIN FINANCIAL INSTITUTIONS.—The Secretary

                                                                       25 shall not make a loan or loan guarantee to, or other invest-


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                                                                         1 ment in, a financial institution under this section for the
                                                                         2 purpose of assisting any business for which not less than
                                                                         3 15 percent of the revenue is derived from the extraction,
                                                                         4 transport, storage, export, or refining of oil, natural gas,
                                                                         5 and coal.’’.
                                                                         6    SEC. 3. LIMITATIONS ON BANKS OPERATING FOSSIL FUEL

                                                                         7                             COMPANIES.

                                                                         8              (a) DEFINITIONS.—In this section:
                                                                         9                       (1) CARES ACT.—The term ‘‘CARES Act’’
                                                                       10               means the Coronavirus Aid, Relief, and Economic
                                                                       11               Security Act (Public Law 116–136).
                                                                       12                        (2) COVERED ENTITY.—The term ‘‘covered en-
                                                                       13               tity’’ means—
                                                                       14                                  (A) a solvent insured depository institution
                                                                       15                        or solvent depository institution holding com-
                                                                       16                        pany (including any affiliate thereof) that issues
                                                                       17                        debt that is guaranteed under the program au-
                                                                       18                        thorized by subsection (h) of section 1105 of
                                                                       19                        the Dodd-Frank Wall Street Reform and Con-
                                                                       20                        sumer Protection Act, as added by section 4008
                                                                       21                        of the CARES Act;
                                                                       22                                  (B) any entity issuing loans or extensions
                                                                       23                        of credit described in section 5200(c)(7) of the




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                                                                       24                        Revised Statutes, as amended by section 4011
                                                                       25                        of the CARES Act;


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                                                                         1                                 (C) any bank sponsoring a money market
                                                                         2                       mutual fund that benefits from a guarantee as
                                                                         3                       a result of the application of section 4015(a) of
                                                                         4                       the CARES Act;
                                                                         5                                 (D) a qualifying community bank that is
                                                                         6                       subject to interim rule issued under section
                                                                         7                       4012(b)(1) of the CARES Act; and
                                                                         8                                 (E) an insured depository institution, bank
                                                                         9                       holding company, or any affiliate thereof that
                                                                       10                        does not comply with the current expected cred-
                                                                       11                        it losses methodology for estimating allowances
                                                                       12                        for credit losses described in section 4014(b) of
                                                                       13                        the CARES Act.
                                                                       14                        (3) COVERED PERIOD.—The term ‘‘covered pe-
                                                                       15               riod’’ means the period beginning on the date of en-
                                                                       16               actment of this Act and ending on the date that is
                                                                       17               2 years after—
                                                                       18                                  (A) with respect to a covered entity de-
                                                                       19                        scribed in subparagraph (A) of paragraph (2),
                                                                       20                        the date on which the program described in
                                                                       21                        that subparagraph terminates;
                                                                       22                                  (B) with respect to a covered entity de-
                                                                       23                        scribed in subparagraph (B) of paragraph (2),




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                                                                       24                        the date on which the period described in sec-
                                                                       25                        tion 4011(b) of the CARES Act expires;


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                                                                         1                                 (C) with respect to a covered entity de-
                                                                         2                       scribed in subparagraph (C) of paragraph (2),
                                                                         3                       the date on which the guarantee described in
                                                                         4                       that subparagraph terminates;
                                                                         5                                 (D) with respect to a covered entity de-
                                                                         6                       scribed in subparagraph (D) of paragraph (2),
                                                                         7                       the date on which the period described in sec-
                                                                         8                       tion 4012(b)(2) of the CARES Act expires; and
                                                                         9                                 (E) with respect to a covered entity de-
                                                                       10                        scribed in subparagraph (E) of paragraph (2),
                                                                       11                        the date on which the period described in sec-
                                                                       12                        tion 4014(b) of the CARES Act expires.
                                                                       13               (b) PROHIBITION.—From the date of enactment of
                                                                       14 this law no covered entity, or subsidiary or affiliate of a
                                                                       15 covered entity, may take a new equity stake or otherwise
                                                                       16 own or operate, or sponsor or retain an ownership interest
                                                                       17 in any fund that takes any new ownership stake in, any
                                                                       18 business for which 15 percent or more of the revenue is
                                                                       19 derived from the extraction, transport, storage, export,
                                                                       20 and refining of oil, natural gas, and coal during the cov-
                                                                       21 ered period.




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                                                                         1    SEC. 4. MORATORIUM ON OIL AND NATURAL GAS LEASE

                                                                         2                             SALES, NONCOMPETITIVE LEASES FOR OIL

                                                                         3                             OR NATURAL GAS, THE ISSUANCE OF COAL

                                                                         4                             LEASES, AND MODIFICATIONS TO CERTAIN

                                                                         5                             REGULATIONS.

                                                                         6              Notwithstanding any other provision of law, during
                                                                         7 the period beginning on the date of enactment of this Act
                                                                         8 and ending on the termination date of the national emer-
                                                                         9 gency declared by the President under the National Emer-
                                                                       10 gencies Act (50 U.S.C. 1601 et seq.) with respect to the
                                                                       11 Coronavirus Disease 2019 (COVID–19), the Secretary of
                                                                       12 the Interior shall not—
                                                                       13                        (1) conduct any lease sales for oil or natural
                                                                       14               gas;
                                                                       15                        (2) issue any noncompetitive leases for oil or
                                                                       16               natural gas;
                                                                       17                        (3) issue any coal leases; or
                                                                       18                        (4) modify any regulations relating to oil, nat-
                                                                       19               ural, gas, or coal.
                                                                       20     SEC. 5. STRATEGIC PETROLEUM RESERVE.

                                                                       21               (a) MAXIMUM STORAGE CAPACITY.—
                                                                       22                        (1) IN GENERAL.—Section 154(a) of the En-
                                                                       23               ergy Policy and Conservation Act (42 U.S.C.
                                                                       24               6234(a)) is amended by striking ‘‘1 billion barrels’’




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                                                                       25               and inserting ‘‘713,500,000 barrels’’.
                                                                       26                        (2) CONFORMING AMENDMENTS.—
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                                                                         1                                 (A) Section 301(e) of the Energy Policy
                                                                         2                       Act of 2005 (42 U.S.C. 6240 note; Public Law
                                                                         3                       109–58) is amended by striking paragraph (1).
                                                                         4                                 (B) Section 159 of the Energy Policy and
                                                                         5                       Conservation Act (42 U.S.C. 6239) is amended
                                                                         6                       by striking subsection (j).
                                                                         7              (b) DEVELOPMENT, OPERATION, AND MAINTENANCE
                                                                         8    OF RESERVE.—Section 159 of the Energy Policy and Con-

                                                                         9 servation Act (42 U.S.C. 6239) (as amended by subsection
                                                                       10 (a)(2)(B)) is amended—
                                                                       11                        (1) by redesignating subsections (f), (g), (k),
                                                                       12               and (l) as subsections (a), (b), (c), and (d), respec-
                                                                       13               tively; and
                                                                       14                        (2) by inserting after subsection (d) (as so re-
                                                                       15               designated) the following:
                                                                       16               ‘‘(e) PROHIBITION                     OF      STORAGE              OF      PETROLEUM
                                                                       17 PRODUCTS NOT OWNED BY THE UNITED STATES.—The
                                                                       18 Secretary may not store in a storage or related facility
                                                                       19 of the Strategic Petroleum Reserve owned by or leased to
                                                                       20 the United States any petroleum products that are not
                                                                       21 owned by the United States.’’.
                                                                       22               (c) REPEAL                OF      ROYALTY-IN-KIND PROVISION.—
                                                                       23 Title I of The Department of the Interior, Environment,




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                                                                       24 and Related Agencies Appropriations Act, 2006 (Public
                                                                       25 Law 109–54; 119 Stat. 512), is amended in the matter


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                                                                         1 under the heading ‘‘ROYALTY AND OFFSHORE MINERALS
                                                                         2    MANAGEMENT’’ under the heading ‘‘MINERALS MANAGE-

                                                                         3    MENT SERVICE’’ under the heading ‘‘DEPARTMENT OF

                                                                         4 THE INTERIOR’’ by striking the fifth proviso (30
                                                                         5 U.S.C. 1758).
                                                                         6    SEC. 6. LIMITATION ON AVAILABILITY OF FUNDS UNDER

                                                                         7                             THE DEFENSE PRODUCTION ACT OF 1950.

                                                                         8              A fossil fuel company shall not be eligible for finan-
                                                                         9 cial assistance made available in connection with the na-
                                                                       10 tional emergency declared by the President under the Na-
                                                                       11 tional Emergencies Act (50 U.S.C. 1601 et seq.) with re-
                                                                       12 spect to the Coronavirus Disease 2019 (COVID–19) under
                                                                       13 title III of the Defense Production Act of 1950 (50 U.S.C.
                                                                       14 4531 et seq.), including through a loan guarantee, loan,
                                                                       15 direct investment, or price guarantee under that title.
                                                                       16     SEC. 7. REPEAL OF ROYALTY RELIEF PROVISIONS.

                                                                       17               (a) ROYALTY RELIEF UNDER THE MINERAL LEAS-
                                                                       18     ING ACT.—

                                                                       19                        (1) REPEAL.—Section 39 of the Mineral Leas-
                                                                       20               ing Act (30 U.S.C. 209) is repealed.
                                                                       21                        (2) CONFORMING AMENDMENTS.—
                                                                       22                                  (A) Section 8721(b) of title 10, United
                                                                       23                        States Code, is amended by striking ‘‘202–209’’




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                                                                       24                        and inserting ‘‘202–208’’.




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                                                                         1                                 (B) Section 8735(a) of title 10, United
                                                                         2                       States Code, is amended by striking ‘‘202–209’’
                                                                         3                       and inserting ‘‘202–208’’.
                                                                         4                                 (C) Section 31(h) of the Mineral Leasing
                                                                         5                       Act (30 U.S.C. 188(h)) is amended by striking
                                                                         6                       ‘‘and the provisions of section 39 of this Act’’.
                                                                         7              (b) ROYALTY RELIEF FOR DEEPWATER PRODUC-
                                                                         8    TION.—Section 345 of the Energy Policy Act of 2005 (42

                                                                         9 U.S.C. 15905) is repealed.
                                                                       10     SEC. 8. LIMITATION ON THE AUTHORITY OF THE SEC-

                                                                       11                              RETARY TO REDUCE OR ELIMINATE CERTAIN

                                                                       12                              ROYALTIES AND NET PROFIT SHARES UNDER

                                                                       13                              THE OUTER CONTINENTAL SHELF LANDS

                                                                       14                              ACT.

                                                                       15               Section 8(a) of the Outer Continental Shelf Lands
                                                                       16 Act (43 U.S.C. 1337(a)) is amended by striking para-
                                                                       17 graph (3) and inserting the following:
                                                                       18                        ‘‘(3) LIMITATION                     ON        AUTHORITY                 OF   SEC-

                                                                       19               RETARY TO REDUCE OR ELIMINATE CERTAIN ROYAL-

                                                                       20               TIES        OR      NET        PROFIT          SHARES.—Notwithstanding

                                                                       21               any other provision of this Act, the Secretary may
                                                                       22               not reduce or eliminate any royalty or net profit
                                                                       23               share established under a lease.’’.




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                                                                         1    SEC. 9. EXTENSION OF PUBLIC COMMENT PERIODS AND

                                                                         2                             SUSPENSION OF RULEMAKING.

                                                                         3              (a) EXTENSION OF PUBLIC COMMENT PERIODS.—
                                                                         4 Notwithstanding any other provision of law, the heads of
                                                                         5 Federal agencies shall keep open any public comment pe-
                                                                         6 riod that was open as of March 13, 2020, during the pe-
                                                                         7 riod beginning on the date of enactment of this Act and
                                                                         8 ending on a date, as designated by the head of the applica-
                                                                         9 ble Federal agency, that is not earlier than 30 days after
                                                                       10 the date on which the National Emergency declared by
                                                                       11 the President under the National Emergencies Act (50
                                                                       12 U.S.C. 1601 et seq.) with respect to the Coronavirus Dis-
                                                                       13 ease 2019 (COVID–19) is terminated.
                                                                       14               (b) SUSPENSION OF RULEMAKING.—Notwithstand-
                                                                       15 ing any other provision of law, unless the head of a Fed-
                                                                       16 eral agency determines that a rulemaking is specifically
                                                                       17 required to respond to, or recover from, the Coronavirus
                                                                       18 Disease 2019 (COVID–19) pandemic, the head of a Fed-
                                                                       19 eral agency shall not initiate any new administrative rule-
                                                                       20 making during the period beginning on the date of enact-
                                                                       21 ment of this Act and ending on a date, as designated by
                                                                       22 the head of the applicable Federal agency, that is not ear-
                                                                       23 lier than the date 30 days after the date on which the
                                                                       24 National Emergency declared by the President under the




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                                                                       25 National Emergencies Act (50 U.S.C. 1601 et seq.) with


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                                                                         1 respect to the Coronavirus Disease 2019 (COVID–19) is
                                                                         2 terminated.
                                                                                                                              Æ




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