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Congressional Record, March 5, 2020: floor action on H.R. 6074 (Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020)

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“Congressional Record, March 5, 2020: floor action on H.R. 6074 (Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/congressional-record-march-5-2020-floor-action-on-h-r-6074-coronavirus-72a2e3640b/, SHA-256 c7697b92279bd63609bd8cdf342a9313dcb652dc61641d5dde5305f5a458b0c3.

Full text

This is the first part of the text (pages 1 to 112 of 153). The full document is in our copy of the file, CREC-2020-03-05.pdf, listed under File and source; the original is at govinfo.gov.

                                                                                         Congressional Record
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                                                                                                                                                              116 th CONGRESS, SECOND SESSION
                                               United States
                                                of America                                PROCEEDINGS AND DEBATES OF THE


                                            Vol. 166                                                   WASHINGTON, THURSDAY, MARCH 5, 2020                                                                   No. 44


                                                                                     House of Representatives
                                              The House met at 9 a.m. and was                                                    THE JOURNAL                                  I am personally grateful to him for
                                            called to order by the Speaker pro tem-                                    The SPEAKER pro tempore. The                         the leadership he has shown to stand-
                                            pore (Mr. KIM).                                                          Chair has examined the Journal of the                  ing up for Dreamers and those who are
                                                                                                                     last day’s proceedings and announces                   vulnerable in our community and
                                                                                 f
                                                                                                                     to the House his approval thereof.                     across America.
                                              DESIGNATION OF THE SPEAKER                                               Pursuant to clause 1, rule I, the Jour-                It is my pleasure to welcome Father
                                                        PRO TEMPORE                                                  nal stands approved.                                   O’Brien to our Nation’s Capital today
                                                                                                                                                                            and to thank him for his service to our
                                              The SPEAKER pro tempore laid be-                                                         f
                                                                                                                                                                            community, our country, and to the
                                            fore the House the following commu-                                           PLEDGE OF ALLEGIANCE                              University of Santa Clara.
                                            nication from the Speaker:
                                                                                                                       The SPEAKER pro tempore. Will the
                                                                   WASHINGTON, DC,                                                                                                            f
                                                                                                                     gentleman from Arizona (Mr. STANTON)
                                                                           March 5, 2020.
                                              I hereby appoint the Honorable ANDY KIM                                come forward and lead the House in the                 ANNOUNCEMENT BY THE SPEAKER
                                            to act as Speaker pro tempore on this day.                               Pledge of Allegiance.                                               PRO TEMPORE
                                                                      NANCY PELOSI,                                    Mr. STANTON led the Pledge of Alle-
                                                  Speaker of the House of Representatives.                           giance as follows:                                       The SPEAKER pro tempore. The
                                                                                                                       I pledge allegiance to the Flag of the               Chair will entertain up to five further
                                                                                 f                                                                                          requests for 1-minute speeches on each
                                                                                                                     United States of America, and to the Repub-
                                                                                                                     lic for which it stands, one nation under God,         side of the aisle.
                                                            PRAYER
                                                                                                                     indivisible, with liberty and justice for all.
                                              Reverend Kevin F. O’Brien, S.J.,                                                                                                                f
                                                                                                                                     f
                                            Santa Clara University, Santa Clara,
                                            California, offered the following pray-                                   WELCOMING REVEREND KEVIN F.                               URGING THE SENATE TO ACT
                                            er:                                                                                      O’BRIEN                                  (Ms. BROWNLEY of California asked
                                              Loving God, creator of all, we thank                                     The SPEAKER pro tempore. Without                     and was given permission to address
                                            You for the gift of another day, to live                                 objection, the gentlewoman from Cali-                  the House for 1 minute.)
                                            and to learn, to love and to serve.                                      fornia (Ms. LOFGREN) is recognized for 1                 Ms. BROWNLEY of California. Mr.
                                              As our Nation faces the impact of the                                  minute.                                                Speaker, over 275 bipartisan bills are
                                            coronavirus, we pray for the health of                                     There was no objection.                              piled up on MITCH MCCONNELL’s desk
                                            our people. Bless and inspire our med-                                     Ms. LOFGREN. Mr. Speaker, it is my                   because he refuses to bring them to the
                                            ical professionals, our public health of-                                great honor to note that Father Kevin                  Senate floor for a vote.
                                            ficials, and researchers in their fight                                  O’Brien of the Society of Jesus was our                  Three of those bills are my bills, each
                                            against the virus. We pray for those                                     guest this morning to deliver this                     of which passed the House with over 400
                                            who have died and those who are sick.                                    morning’s opening prayer for this                      votes from Democrats and Republicans
                                              Bless the people of this House, those                                  House.                                                 alike.
                                            elected and those who support their                                        Father O’Brien joined our Silicon                      H.R. 95, the Homeless Veterans Fami-
                                            work. Give them Your discerning wis-                                     Valley community 4 years ago, and                      lies Act, will keep veterans and their
                                            dom as they go about their labors.                                       just last year he was named president                  families together and off the streets in
                                            Bless them with courage and deter-                                       of Santa Clara University. As an alum                  safe and adequate housing.
                                            mination to do the hard work of jus-                                     of Santa Clara University Law School                     H.R. 840, the Veterans’ Access to
                                            tice-building and peacemaking. Gift                                      myself, I am glad to see Father O’Brien                Child Care Act, will ensure veterans
                                            them with a spirit of solidarity and un-                                 focusing his presidency on college af-                 have access to childcare to attend crit-
                                            derstanding to collaborate across dif-                                   fordability and access, as well as fos-                ical medical appointments.
                                            ferences to serve the common good.                                       tering a culture of respect on campus.                   And H.R. 3224, the Deborah Sampson
                                            And help them to always listen to the                                      Now a religious leader in Silicon Val-               Act, aims to address the inequities and
                                            most vulnerable and voiceless in our                                     ley, Father O’Brien speaks of how dis-                 barriers that women veterans face
                                            land.                                                                    ruption can lift people up instead of di-              when accessing VA care and benefits.
                                              May every prayer and work of ours                                      viding people. Father O’Brien is dedi-                   I urge Majority Leader MCCONNELL
                                            today begin from You, dear Lord, and                                     cated to serving something larger than                 to allow the Senate to vote so our vet-
                                            through You be happily ended.                                            himself, which is a trait we deeply ad-                erans will have the support and care
                                              Amen.                                                                  mire and value as Americans.                           they have earned and deserve.

                                                               b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m.




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                                                 Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

                                                                                                                                                                                                     H1507


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                                            H1508                                             CONGRESSIONAL RECORD — HOUSE                                                         March 5, 2020
                                            RECOGNIZING A WINNING WEEK-                               Congress must always do all that we                    We need more women Members be-
                                              END IN SOUTH CAROLINA BAS-                            can to lift up our local health officials,             cause, despite the fact that women
                                              KETBALL                                               and our funding bill does exactly that.                have had the vote for 100 years, we still
                                              (Mr. WILSON of South Carolina                                           f                                    don’t have equal justice under the law.
                                            asked and was given permission to ad-                                                                            To this day, we are still paid less for
                                                                                                       CONGRESS MUST HONOR THEIR
                                            dress the House for 1 minute and to re-                                                                        our work, face workplace harassment,
                                                                                                        COMMITMENT TO VETERANS
                                            vise and extend his remarks.)                                                                                  and are discriminated against simply
                                              Mr. WILSON of South Carolina. Mr.                       (Mr. COX of California asked and was                 because of being who we are. Women
                                            Speaker, this was a winning weekend                     given permission to address the House                  work full time, year-round still only
                                            for basketball in South Carolina.                       for 1 minute and to revise and extend                  making 82 cents on the dollar for the
                                              On Saturday, both the boys and girls                  his remarks.)                                          earnings men make.
                                            Cardinal Newman High School basket-                       Mr. COX of California. Mr. Speaker, I                  Fighting against these disparities
                                            ball teams won their State titles, and                  rise today in honor of Brain Injury                    and ensuring our Federal Government
                                            this past Sunday, the University of                     Awareness Month.                                       and policies are reflective of the whole
                                            South Carolina women’s basketball                         Since 2014, over 470,000 veterans have               country is why having women in Con-
                                            team won the Southeastern Conference                    been diagnosed with a TBI, a traumatic                 gress is so important.
                                            Championship. Both Cardinal Newman                      brain injury.                                            So, as we honor women’s history,
                                            teams fought until the end to accom-                      Last year, through appropriations, I                 let’s remember that all of us have not
                                            plish these impressive wins.                            submitted an amendment requesting a                    only the ability, but also the obliga-
                                              Congratulations to girls’ coach Molly                 $10 million increase to the Defense                    tion to make history.
                                            Moore and boys coach Philip Deter on                    Health Program to fund research for                                      f
                                            their successful leadership. The Car-                   all servicepersons returning home with
                                                                                                    a TBI. I am happy to report this                        RECOGNIZING BARRIO STATION’S
                                            dinal Newman girls won over North-                                                                                      50TH ANNIVERSARY
                                            wood, and the boys won against Trin-                    amendment was passed into law.
                                            ity-Byrnes.                                               In February of this year, the GAO re-                  (Mr. VARGAS asked and was given
                                              Congratulations to the University of                  leased a report entitled ‘‘Veterans’ Use               permission to address the House for 1
                                            South Carolina Women’s Basketball                       of Long-Term Care is Increasing, and                   minute.)
                                            Head Coach of the Year, Dawn Staley,                    VA Faces Challenges in Meeting the                       Mr. VARGAS. Mr. Speaker, I rise
                                            on leading number one South Carolina                    Demand.’’                                              today to honor Barrio Station in rec-
                                            to its program-record 23rd straight                       The brave people who serve this                      ognition of the 50th anniversary of
                                            win. USC women have a perfect record                    country should never find difficulty in                their creation.
                                            of 16–0 in the Southeastern Conference                  locating a facility or a program that                    Barrio Station is a community-based
                                            this season.                                            fits their needs.                                      organization in the Barrio Logan com-
                                              In conclusion, God bless our troops,                    This year, I ask my colleagues to                    munity of San Diego, California. It was
                                            and we will never forget September the                  support my request for further invest-                 established in 1970 by Ms. Rachael
                                            11th in the global war on terrorism.                    ment into research so the VA can de-                   Ortiz to provide underserved youths
                                              Mark Levin is correct. Senator SCHU-                  velop TBI long-term care programs, so                  and their families with resources that
                                            MER should be reprimanded for threat-                   we can honor our commitment to those                   they need to succeed.
                                            ening bodily harm to Supreme Court                      who have sacrificed so much for our                      This organization has continuously
                                            Justices.                                               country.                                               provided youth with access to indi-
                                                             f                                                        f                                    vidual counseling, referrals to voca-
                                                                                                    HONORING THE WOMEN OF THE                              tional and higher education, and expo-
                                             CONGRESS MUST LIFT UP LOCAL                                                                                   sure to scholarships.
                                                     HEALTH OFFICIALS                                 UNITED STATES HOUSE OF REP-
                                                                                                      RESENTATIVES                                           Barrio Station has worked toward re-
                                              (Mr. STANTON asked and was given                                                                             vitalizing the community by pushing
                                            permission to address the House for 1                     (Ms. ADAMS asked and was given                       for the development of low-income
                                            minute and to revise and extend his re-                 permission to address the House for 1                  housing and opportunities there.
                                            marks.)                                                 minute.)                                                 Families and senior citizens are as-
                                              Mr. STANTON. Mr. Speaker, yester-                       Ms. ADAMS. Mr. Speaker, I rise                       sisted with completing forms which
                                            day the House fulfilled a critical duty.                today to honor the women of the                        give them access to the benefits that
                                            We passed an emergency funding bill to                  United States House of Representatives                 they have earned.
                                            address the coronavirus to make sure                    for Women’s History Month.                               For over 50 years, Barrio Station has
                                            that we give public health officials                      This Women’s History Month marks                     provided resources to approximately
                                            across America the tools to help keep                   the 100th year of women’s suffrage in                  3,500 youths, families, and seniors
                                            Americans healthy.                                      the United States.                                     every year.
                                              My State, Arizona, had the fifth con-                   While     the    first  Congresswoman                  I thank Barrio Station and, espe-
                                            firmed case of COVID–19 and recently                    joined the House in 1917, the first                    cially, Director Rachael Ortiz, for their
                                            has another presumptive positive case.                  woman of color didn’t join our Cham-                   exceptional dedication to the youth
                                              Since the first U.S. case was identi-                 ber until Hawaii sent Patsy Mink to                    and families of the 51st Congressional
                                            fied, State and local public health offi-               Washington in 1965. And the first Afri-                District and all of California.
                                            cials have had to carry the heavy bur-                  can American Congresswoman didn’t                                        f
                                            den of responding to this outbreak and                  arrive until the unbossed and unbought
                                            preventing it from getting worse.                       Shirley Chisholm joined us in 1969.                      RIGHTS FOR TRANSPORTATION
                                              Our local communities should not                        Our colleague, NANCY PELOSI, became                   SECURITY OFFICERS ACT OF 2020
                                            take this on alone. The spread of the                   the first and only woman Speaker of                      The SPEAKER pro tempore. Pursu-
                                            deadly coronavirus demands a coordi-                    the House in 2007.                                     ant to House Resolution 877 and rule
                                            nated, comprehensive, government-                         In 2014, I will never forget, I was hon-             XVIII, the Chair declares the House in
                                            wide response. In our emergency fund-                   ored to be elected by the people of                    the Committee of the Whole House on
                                            ing package, we specifically allocated                  North Carolina’s 12th District to serve                the state of the Union for the further
                                            almost $1 billion to go directly to State               as the 100th woman in the 113th Con-                   consideration of the bill, H.R. 1140.
                                            and local communities                                   gress.                                                   Will the gentleman from Maryland
                                              In Arizona, our public health officials                 In 2018, a record 127 women were                     (Mr. BROWN) kindly take the chair.




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                                            and our Governor have indicated a need                  elected to Congress, with over 100
                                            for upwards of $13 million to effectively                                                                                         b 0915
                                                                                                    women in the House alone.
                                            meet the demand that the coronavirus                      However, there is still work to be                           IN THE COMMITTEE OF THE WHOLE
                                            outbreak merits. It is time we get our                  done. 127 out of 535 is just 24 percent,                 Accordingly, the House resolved
                                            State and local agencies the support                    and that is not what our country looks                 itself into the Committee of the Whole
                                            they need.                                              like.                                                  House on the state of the Union for the



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                                            March 5, 2020                                     CONGRESSIONAL RECORD — HOUSE                                                                        H1509
                                            further consideration of the bill (H.R.                 on the day before such date of enactment, and          ing functions under section 44901 of title 49,
                                            1140) to enhance the security oper-                     any TSA personnel management policy, letters,          United States Code, and shall be the exclusive
                                            ations of the Transportation Security                   guideline, or directive in effect on such day may      representative for such personnel under chapter
                                                                                                    not be modified;                                       71 of title 5, United States Code, with full rights
                                            Administration and stability of the                        (2) no TSA personnel management policy, let-        under such chapter. Any collective bargaining
                                            transportation security workforce by                    ter, guideline, or directive that was not estab-       agreement covering such personnel on the date
                                            applying the personnel system under                     lished before such date issued pursuant to sec-        of enactment of this Act shall remain in effect,
                                            title 5, United States Code, to employ-                 tion 111(d) of the Aviation and Transportation         consistent with subsection (d).
                                            ees of the Transportation Security Ad-                  Security Act (49 U.S.C. 44935 note) or section           (b) CONSULTATION RIGHTS.—Not later than 7
                                            ministration who provide screening of                   114(n) of title 49, United States Code, may be es-     days after the date of the enactment of this Act,
                                            all passengers and property, and for                    tablished; and                                         the Secretary shall consult with the exclusive
                                            other purposes, with Mr. BROWN of                          (3) any authority to establish or adjust a          representative for the personnel described in
                                                                                                    human resources management system under                subsection (a) under chapter 71 of title 5, United
                                            Maryland (Acting Chair) in the chair.                   chapter 97 of title 5, United States Code, shall       States Code, on the formulation of plans and
                                              The Clerk read the title of the bill.                 terminate with respect to covered employees and        deadlines to carry out the conversion of covered
                                              The Acting CHAIR. When the Com-                       covered positions.                                     employees and covered positions under this Act.
                                            mittee of the Whole rose on Wednes-                        (b) PERSONNEL AUTHORITIES DURING TRANSI-            Prior to the conversion date, the Secretary shall
                                            day, March 4, 2020, all time for general                TION PERIOD.—Any TSA personnel management              provide (in writing) to such exclusive represent-
                                            debate had expired.                                     system in use for covered employees and covered        ative the plans for how the Secretary intends to
                                              Pursuant to the rule, the bill shall be               positions on the day before the date of enact-         carry out the conversion of covered employees
                                            considered for amendment under the 5-                   ment of this Act and any TSA personnel man-            and covered positions under this Act, including
                                            minute rule.                                            agement policy, letter, guideline, or directive in     with respect to such matters as—
                                                                                                    effect on the day before the date of enactment of        (1) the anticipated conversion date; and
                                              The amendment in the nature of a                                                                               (2) measures to ensure compliance with sec-
                                                                                                    this Act shall remain in effect until the effective
                                            substitute recommended by the Com-                      date under subsection (c).                             tions 3 and 4.
                                            mittee on Homeland Security, printed                       (c) TRANSITION TO GENERAL PERSONNEL MAN-              (c) REQUIRED AGENCY RESPONSE.—If any
                                            in the bill, shall be considered as                     AGEMENT SYSTEM APPLICABLE TO CIVIL SERVICE             views or recommendations are presented under
                                            adopted. The bill, as amended, shall be                 EMPLOYEES.—Effective as of the date deter-             subsection (b) by the exclusive representative,
                                            considered as an original bill for pur-                 mined by the Secretary, but in no event later          the Secretary shall consider the views or rec-
                                            pose of further amendment under the 5-                  than 180 days after the date of the enactment of       ommendations before taking final action on any
                                                                                                    this Act—                                              matter with respect to which the views or rec-
                                            minute rule and shall be considered as
                                                                                                       (1) each provision of law cited in section 2(9)     ommendations are presented and provide the ex-
                                            read.                                                                                                          clusive representative a written statement of the
                                                                                                    is repealed;
                                              The text of the bill, as amended, is as                                                                      reasons for the final actions to be taken.
                                                                                                       (2) any TSA personnel management policy,
                                            follows:                                                letter, guideline, and directive, including the          (d) SUNSET PROVISION.—The provisions of this
                                                                H.R. 1140                           2019 Determination, shall cease to be effective;       section shall cease to be effective as of the con-
                                              Be it enacted by the Senate and House of Rep-            (3) any human resources management system           version date.
                                            resentatives of the United States of America in         established or adjusted under chapter 97 of title      SEC. 6. NO RIGHT TO STRIKE.
                                            Congress assembled,                                     5, United States Code, with respect to covered           Nothing in this Act shall be considered—
                                            SECTION 1. SHORT TITLE.                                 employees or covered positions shall cease to be         (1) to repeal or otherwise affect—
                                              This Act may be cited as the ‘‘Rights for             effective; and                                           (A) section 1918 of title 18, United States Code
                                            Transportation Security Officers Act of 2020’’.            (4) covered employees and covered positions         (relating to disloyalty and asserting the right to
                                            SEC. 2. DEFINITIONS.                                    shall be subject to the provisions of title 5,         strike against the Government); or
                                               For purposes of this Act—                            United States Code.                                      (B) section 7311 of title 5, United States Code
                                               (1) the term ‘‘adjusted basic pay’’ means—              (d) SAFEGUARDS ON GRIEVANCES.—In carrying           (relating to loyalty and striking); or
                                               (A) the rate of pay fixed by law or administra-      out this Act, the Secretary shall take such ac-          (2) to otherwise authorize any activity which
                                            tive action for the position held by a covered          tions as are necessary to provide an opportunity       is not permitted under either provision of law
                                            employee before any deductions; and                     to each covered employee with a grievance or           cited in paragraph (1).
                                               (B) any regular, fixed supplemental payment          disciplinary action (including an adverse ac-            The Acting CHAIR. No further
                                            for non-overtime hours of work creditable as            tion) pending within TSA on the date of enact-         amendment to the bill, as amended,
                                            basic pay for retirement purposes, including any        ment of this Act or at any time during the tran-       shall be in order except those printed
                                            applicable locality payment and any special             sition period described in subsection (c) to have      in House Report 116–411.
                                            rate supplement;                                        such grievance removed to proceedings pursuant
                                               (2) the term ‘‘Administrator’’ means the Ad-         to title 5, United States Code, or continued with-
                                                                                                                                                             Each such further amendment may
                                            ministrator of the Transportation Security Ad-          in TSA.                                                be offered only in the order printed in
                                            ministration;                                           SEC. 4. TRANSITION RULES.                              the report, by a Member designated in
                                               (3) the term ‘‘covered employee’’ means an em-         (a) NONREDUCTION IN PAY AND COMPENSA-                the report, shall be considered as read,
                                            ployee who holds a covered position;                    TION.—Under pay conversion rules as the Sec-           shall be debatable for the time speci-
                                               (4) the term ‘‘covered position’’ means a posi-      retary may prescribe to carry out this Act, a          fied in the report equally divided and
                                            tion within the Transportation Security Admin-          covered employee converted from a TSA per-             controlled by the proponent and an op-
                                            istration;                                              sonnel management system to the provisions of
                                               (5) the term ‘‘conversion date’’ means the date                                                             ponent, shall not be subject to amend-
                                                                                                    title 5, United States Code, pursuant to section       ment, and shall not be subject to a de-
                                            as of which paragraphs (1) through (4) of sec-
                                                                                                    2(c)(4) shall not be subject to any reduction in       mand for division of the question.
                                            tion 3(c) take effect;
                                                                                                    the rate of adjusted basic pay payable, or total
                                               (6) the term ‘‘2019 Determination’’ means the                                                                AMENDMENT NO. 1 OFFERED BY MR. ROGERS OF
                                                                                                    compensation provided, to such covered em-
                                            publication, entitled ‘‘Determination on Trans-                                                                                 ALABAMA
                                                                                                    ployee.
                                            portation Security Officers and Collective Bar-                                                                  The Acting CHAIR. It is now in order
                                                                                                       (b) PRESERVATION OF OTHER RIGHTS.—In the
                                            gaining’’, issued on July 13, 2019, by Adminis-
                                                                                                    case of each covered employee as of the conver-        to consider amendment No. 1 printed in
                                            trator David P. Pekoske;
                                               (7) the term ‘‘employee’’ has the meaning            sion date, the Secretary shall take any actions        House Report 116–411.
                                            given such term by section 2105 of title 5, United      necessary to ensure that—                                Mr. ROGERS of Alabama. Mr. Chair-
                                            States Code;                                               (1) any annual leave, sick leave, or other paid     man, as the designee of the gentle-
                                               (8) the term ‘‘Secretary’’ means the Secretary       leave accrued, accumulated, or otherwise avail-        woman from Puerto Rico (Miss
                                            of Homeland Security; and                               able to a covered employee immediately before
                                                                                                    the conversion date shall remain available to
                                                                                                                                                           GONZÁLEZ-COLÓN), I rise to offer an
                                               (9) the term ‘‘TSA personnel management sys-                                                                amendment.
                                            tem’’ means any personnel management system             the employee until used; and
                                                                                                       (2) the Government share of any premiums or           The Acting CHAIR. The Clerk will
                                            established or modified under—
                                               (A) section 111(d) of the Aviation and Trans-        other periodic charges under chapter 89 of title       designate the amendment.
                                            portation Security Act (49 U.S.C. 44935 note); or       5, United States Code, governing group health            The text of the amendment is as fol-
                                               (B) section 114(n) of title 49, United States        insurance shall remain at least the same as was        lows:
                                            Code.                                                   the case immediately before the conversion date.         At the end of section 4, add the following:




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                                            SEC. 3. CONVERSION OF TSA PERSONNEL.                    SEC. 5. CONSULTATION REQUIREMENT.                        (c) GAO STUDY ON TSA PAY RATES.—Not
                                              (a) RESTRICTIONS ON CERTAIN PERSONNEL AU-               (a) EXCLUSIVE REPRESENTATIVE.—The labor              later than the date that is 9 months after the
                                            THORITIES.—Notwithstanding any other provi-             organization certified by the Federal Labor Re-        date of enactment of this Act, the Comp-
                                            sion of law, effective as of the date of the enact-     lations Authority on June 29, 2011, or successor       troller General shall submit a report to Con-
                                            ment of this Act—                                       labor organization shall be treated as the exclu-      gress on the differences in rates of pay, clas-
                                              (1) any TSA personnel management system in            sive representative of full- and part-time non-        sified by pay system, between Transpor-
                                            use for covered employees and covered positions         supervisory TSA personnel carrying out screen-         tation Security Administration employees—




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                                            H1510                                             CONGRESSIONAL RECORD — HOUSE                                                          March 5, 2020
                                              (1) with duty stations in the contiguous 48             (1) section 2332b (relating to acts of ter-            Mr. ROGERS of Alabama. Mr. Chair,
                                            States; and                                             rorism transcending national boundaries);              I yield back the balance of my time.
                                              (2) with duty stations outside of such                  (2) section 2339 (relating to harboring or             The Acting CHAIR. The question is
                                            States, including those employees located in            concealing terrorists); and                            on the amendment offered by the gen-
                                            any territory or possession of the United                 (3) section 2339A (relating to providing ma-
                                            States.                                                 terial support to terrorists).
                                                                                                                                                           tleman from New York (Mr. ROSE).
                                                                                                                                                             The amendment was agreed to.
                                              The Acting CHAIR. Pursuant to                            The Acting CHAIR. Pursuant to                         The Acting CHAIR. The Chair under-
                                            House Resolution 877, the gentleman                     House Resolution 877, the gentleman                    stands that amendment No. 3 will not
                                            from Alabama (Mr. ROGERS) and a                         from New York (Mr. ROSE) and a Mem-                    be offered.
                                            Member opposed each will control 5                      ber opposed each will control 5 min-                     AMENDMENT NO. 4 OFFERED BY MR. PETERS
                                            minutes.                                                utes.                                                    The Acting CHAIR. It is now in order
                                              The Chair recognizes the gentleman                       The Chair recognizes the gentleman                  to consider amendment No. 4 printed in
                                            from Alabama.                                           from New York.
                                              Mr. ROGERS of Alabama. Mr. Chair-                                                                            House Report 116–411.
                                                                                                       Mr. ROSE of New York. Mr. Chair-                      Mr. PETERS. Mr. Chair, I have an
                                            man, I yield myself such time as I may                  man, I yield myself such time as I may                 amendment at the desk.
                                            consume.                                                consume.                                                 The Acting CHAIR. The Clerk will
                                              This amendment is a sensible re-                         Before I begin, I would like to thank
                                            quirement to examine the pay equity                                                                            designate the amendment.
                                                                                                    Chairman THOMPSON for his leadership                     The text of the amendment is as fol-
                                            for screeners in all parts of the United
                                                                                                    in bringing this important bill to the                 lows:
                                            States.
                                                                                                    floor today. I am proud to be a cospon-                  Add at the end the following:
                                              Mr. Chair, I thank the gentlewoman
                                            from Puerto Rico (Miss GONZÁLEZ-                       sor of this bill.                                      SEC. 7. REPORT BY GAO REGARDING TSA RE-
                                                                                                       On 9/11, we all watched in horror as                           CRUITMENT.
                                            COLÓN) for her amendment and for her                                                                            Not later than one year after the date of
                                            leadership on this issue.                               the events of that day played out in
                                                                                                                                                           the enactment of this Act, the Comptroller
                                              Mr. Chair, I urge my colleagues to                    real time.
                                                                                                                                                           General of the United States shall submit to
                                            support this amendment, and I reserve                      As a native New Yorker growing up                   Congress a report on the efforts of the Trans-
                                            the balance of my time.                                 in the shadows of the World Trade Cen-                 portation Security Administration regarding
                                              Mr. ROSE of New York. Mr. Chair-                      ter, I saw firsthand the impact that                   recruitment, including recruitment efforts
                                            man, I claim the time in opposition to                  terrorism can have.                                    relating to veterans and the dependents of
                                            the amendment, even though I am not                        Since that fateful day, we have seen                veterans and members of the Armed Forces
                                            opposed to it.                                          our Nation take many important steps                   and the dependents of such members. Such
                                              The Acting CHAIR. Without objec-                      to prevent terrorist attacks from hap-                 report shall also include recommendations
                                                                                                                                                           regarding how the Administration may im-
                                            tion, the gentleman from New York is                    pening. For example, Congress created
                                                                                                                                                           prove such recruitment efforts.
                                            recognized for 5 minutes.                               the Transportation Security Adminis-
                                              There was no objection.                               tration and passed several laws                          The Acting CHAIR. Pursuant to
                                              Mr. ROSE of New York. Mr. Chair,                      strengthening our Nation’s transpor-                   House Resolution 877, the gentleman
                                            this measure improves the underlying                    tation systems.                                        from California (Mr. PETERS) and a
                                            bill by requiring GAO to study dif-                        While I applaud these efforts and                   Member opposed each will control 5
                                            ferences between pay rates for TSA em-                  those of others, we must continue to                   minutes.
                                            ployees working in Alaska, Hawaii, and                                                                           The Chair recognizes the gentleman
                                                                                                    remain vigilant in light of current
                                            the territories and those working in                                                                           from California.
                                                                                                    world events.
                                            the contiguous 48 States.                                                                                        Mr. PETERS. Mr. Chair, I rise today
                                                                                                       My amendment, in this light, is sim-
                                              We know that pay satisfaction is                                                                             in support of my amendment to H.R.
                                                                                                    ple. It reaffirms our Nation’s commit-
                                            very low within TSA. In fact, in a re-                                                                         1140, the Rights for Transportation Se-
                                                                                                    ment to prevent terrorism and ensures
                                            cent governmentwide survey, TSA’s                                                                              curity Officers Act.
                                                                                                    our national security agencies can con-                  Mr. Chair, I thank Chairman THOMP-
                                            workforce reported being the least sat-                 tinue to prosecute and prevent ter-
                                            isfied with pay than Federal workers at                                                                        SON for his work on this important bill
                                                                                                    rorist activities from occurring in our                to help get our Transportation Secu-
                                            414 other Federal agencies.                             homeland.
                                              I commend Miss GONZÁLEZ-COLÓN for                                                                          rity officers, or TSOs, onto the General
                                                                                                       Mr. Chair, I say to my colleagues, let              Schedule scale and give them needed
                                            recognizing that, under the current                     us all take a simple but important step
                                            system, there are disparities in pay                                                                           workplace protections that other Fed-
                                                                                                    to reaffirm our commitment to prevent                  eral workers receive.
                                            within TSA that have implications for
                                                                                                    terrorism. I urge all Members to vote                    Every week, other Members of Con-
                                            workers outside the contiguous 48
                                                                                                    ‘‘yes’’ on this amendment.                             gress and I see the vital role Transpor-
                                            States.
                                              Mr. Chair, I urge my colleagues to                       Mr. Chair, I reserve the balance of                 tation Security officers perform in
                                            support this amendment, and I yield                     my time.                                               keeping our country safe. They are es-
                                            back the balance of my time.                               Mr. ROGERS of Alabama. Mr. Chair-                   sential to national security.
                                              Mr. ROGERS of Alabama. Mr. Chair,                     man, I rise in opposition to the amend-                  Unfortunately, there is a serious em-
                                            I yield back the balance of my time.                    ment.                                                  ployee recruitment and retention prob-
                                              The Acting CHAIR. The question is                        The Acting CHAIR. The gentleman                     lem at the Transportation Security Ad-
                                            on the amendment offered by the gen-                    from Alabama is recognized for 5 min-                  ministration.
                                            tleman from Alabama (Mr. ROGERS).                       utes.                                                    In 2017, the TSA spent $75 million
                                              The amendment was agreed to.                             Mr. ROGERS of Alabama. Mr. Chair-                   just on recruitment, hiring, and train-
                                              AMENDMENT NO. 2 OFFERED BY MR. ROSE OF                man, as we have discussed, this bill                   ing costs. Over 1,900 TSOs quit that
                                                           NEW YORK                                 makes it more difficult for TSA to pro-                year, at a cost of $16 million to the tax-
                                              The Acting CHAIR. It is now in order                  tect the traveling public from ter-                    payer.
                                            to consider amendment No. 2 printed in                  rorism. The gentleman’s amendment                        Putting these employees on the GS
                                            House Report 116–411.                                   does nothing to fix that.                              scale will help with these retention
                                              Mr. ROSE of New York. Mr. Chair-                         In fact, the gentleman’s amendment                  issues.
                                            man, I have an amendment at the desk.                   does nothing at all, but it certainly is                 Additionally, Congress needs to en-
                                              The Acting CHAIR. The Clerk will                      reassuring to hear that some in the                    sure we recruit the most qualified indi-
                                            designate the amendment.                                majority still support our counterter-                 viduals to combat terrorism and keep
                                              The text of the amendment is as fol-                  rorism laws.                                           travelers safe. In order to do that, we
                                            lows:                                                      Mr. Chair, I reserve the balance of                 need to know how the TSA is recruit-




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                                              At the end of the bill, add the following:            my time.                                               ing top candidates, including military
                                            SEC. 7. RULE OF CONSTRUCTION WITH RESPECT                  Mr. ROSE of New York. Mr. Chair, I                  veterans.
                                                        TO CERTAIN CRIMES RELATING TO
                                                        TERRORISM.                                  urge my colleagues to support my                         My amendment requires a GAO study
                                              Nothing in this Act may be construed to               amendment to continue protecting our                   on how the TSA recruits workers and,
                                            contradict chapter 113B of title 18, United             Nation from terrorism, and I yield                     specifically, TSA’s efforts to recruit
                                            States Code, including with respect to—                 back the balance of my time.                           veterans and military spouses.



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                                            March 5, 2020                                     CONGRESSIONAL RECORD — HOUSE                                                                 H1511
                                              In San Diego, where we have the                         TSA takes pride in hiring veterans                      Mr. BROWN of Maryland. Mr. Chair-
                                            third largest veteran population in the                 and reports that a quarter of its work-                 man, I yield myself such time as I may
                                            country, we often see vets continuing                   force is comprised of veterans. That is                 consume.
                                            to serve their country through Federal                  a good thing.                                             Mr. Chair, I want to recognize the
                                            employment. Security jobs like those                      Still, there are questions about the                  hard work of Chairman BENNIE THOMP-
                                            in the TSA demand a competency often                    way TSA uses its personnel flexibilities                SON on the underlying bill, and the en-
                                            found in military veterans. Hiring vets                 when it comes to recruiting and hiring                  tire Homeland Security Committee.
                                            is an asset to the TSA, but we have                     veterans.                                                 My district, Maryland’s Fourth Con-
                                            heard from TSOs in my district that                       The Peters amendment would require                    gressional District, has the fifth larg-
                                            job dissatisfaction prompts many of                     the Government Accountability Office                    est number of Federal employees in the
                                            them to leave the TSA in favor of                       to conduct a study of TSA’s recruit-                    country. These public servants go to
                                            working elsewhere.                                      ment process, including its recruit-                    work every day to make the country
                                              The GAO study I am proposing will                     ment of veterans. This amendment will                   safer and a better place to live for our
                                            also provide recommendations for im-                    improve the underlying bill by ensur-                   families.
                                            provement, enabling the TSA to con-                     ing that, as TSA moves forward under                      For years, transportation security of-
                                            tinue cultivating a workforce that                      title 5, it does so in a way that recruits              ficers have not had basic workplace
                                            complements the goals of the agency                     and retains veterans.                                   protections, such as collective bar-
                                            and responsibly spends our tax dollars.                   Mr. Chair, I urge my colleagues to                    gaining rights, whistleblower protec-
                                              Many Members of this Chamber, on                      support this amendment.                                 tions, and paid leave. Since 2011, trans-
                                            both sides of the aisle, have stood on                    Mr. ROGERS of Alabama. Mr. Chair-                     portation security officers, who make
                                            this floor and championed the cause of                  man, I can’t overstate this: The real                   up 70 percent of TSA’s workforce, have
                                            hiring vets and military spouses. It is a               irony of this amendment is the under-                   had labor union representation but, be-
                                            policy that we have incentivized pri-                   lying bill eliminates the hiring pref-                  cause of limitations imposed by TSA,
                                            vate corporations to implement, and                     erences for veterans.                                   have been denied full collective bar-
                                            we have criticized employers for not                      We all want to give preference to vet-                gaining rights.
                                            doing or doing improperly.                              erans for their service to our country.                   TSOs were most severely impacted
                                              Mr. Chair, I ask that my colleagues                   The best thing we can do to make that                   during the last government shutdown.
                                            support this amendment so that we can                   happen is to leave current law in place.                During the shutdown, more than 50,000
                                            ensure TSA is effectively recruiting                      Mr. Chair, I reserve the balance of                   TSA officers were deemed essential
                                            the most qualified candidates and                       my time.                                                Federal employees, meaning they had
                                            spending our taxpayer dollars wisely.                     Mr. PETERS. Mr. Chair, I appreciate                   to work without pay. Due to financial
                                              Mr. Chair, I reserve the balance of                   the gentleman from Alabama (Mr. ROG-                    strain, officers called out in record
                                            my time.                                                ERS) not opposing this particular
                                                                                                                                                            numbers, which led to low morale and
                                              Mr. ROGERS of Alabama. Mr. Chair-                     amendment, understanding his reserva-                   high turnover among its workforce.
                                            man, I claim the time in opposition to                  tions about the underlying bill.                          Staffing shortages prompted officials
                                            the amendment, even though I am not                       I think what we are trying to do in                   to consolidate checkpoints, creating
                                            opposed to it.                                          good faith is to address some of the                    long lines at some of the country’s
                                              The Acting CHAIR (Mr. CISNEROS).                      issues that he has raised about what                    busiest airports, including Miami, At-
                                            Without objection, the gentleman from                   some of the best procedures are to pur-                 lanta, and in my backyard at BWI
                                            Alabama is recognized for 5 minutes.                    sue going forward.                                      Thurgood Marshall and Reagan Na-
                                              There was no objection.                                 Mr. Chair, I ask my colleagues for
                                              Mr. ROGERS of Alabama. Mr. Chair-                                                                             tional Airport, where my constituents
                                                                                                    their support, and I yield back the bal-
                                            man, this amendment calls for a study                                                                           felt the most strain.
                                                                                                    ance of my time.
                                            on how TSA can recruit more veterans.                                                                             Federal workers who protect our
                                                                                                      Mr. ROGERS of Alabama. Mr. Chair,
                                              I find that ironic, given that the un-                                                                        country should not have to work in
                                                                                                    I yield back the balance of my time.
                                            derlying bill actually eliminates the                     The Acting CHAIR. The question is                     such strenuous conditions. Transpor-
                                            existing hiring preferences for vet-                    on the amendment offered by the gen-                    tation security officers are vital safe-
                                            erans, but the study is a good idea.                    tleman from California (Mr. PETERS).                    guards for our Nation’s transportation
                                            Maybe it will come back and tell Con-                     The amendment was agreed to.                          system. They should be afforded the
                                            gress that they ought to restore the                                                                            same rights and benefits as other Fed-
                                                                                                                           b 0930                           eral employees.
                                            hiring preferences for veterans that we
                                            currently have. That would be a good                     AMENDMENT NO. 5 OFFERED BY MR. BROWN OF                  My amendment reaffirms the impor-
                                            way to recruit veterans.
                                                                                                                   MARYLAND                                 tance of TSA’s workforce and recog-
                                              Mr. Chair, I reserve the balance of                     The Acting CHAIR. It is now in order                  nizes that TSOs should be provided the
                                            my time.                                                to consider amendment No. 5 printed in                  same protections and benefits as other
                                              Mr. PETERS. Mr. Chair, I yield such                   House Report 116–411.                                   Federal employees under title V.
                                            time as he may consume to the gen-                        Mr. BROWN of Maryland. Mr. Chair,                       In addition to collective bargaining
                                            tleman from Mississippi (Mr. THOMP-                     I have an amendment at the desk.                        rights, the transition to title V would
                                            SON), my colleague and the chair of the
                                                                                                      The Acting CHAIR. The Clerk will                      increase salaries for most TSA employ-
                                            committee.                                              designate the amendment.                                ees and provide opportunities for reg-
                                              Mr. THOMPSON of Mississippi. Mr.                        The text of the amendment is as fol-                  ular pay raises for those meeting per-
                                            Chair, I thank the gentleman for yield-                 lows:                                                   formance standards.
                                            ing time.                                                    Add at the end the following:                        TSA employees and TSOs are essen-
                                              Mr. Chair, we have worked long and                    SEC. 7. SENSE OF CONGRESS.                              tial to our national security and safe-
                                            hard on crafting a bill that I am con-                    It is the sense of Congress that the Trans-           ty. It is time we treat them with the
                                                                                                    portation Security Administration’s per-
                                            vinced would be in the best interests of                                                                        respect they deserve. I strongly encour-
                                                                                                    sonnel system provides insufficient benefits
                                            those TSO employees who work dili-                      and workplace protections to the workforce              age my colleagues to support this
                                            gently to keep us safe, making sure                     that secures the nation’s transportation sys-           amendment and the underlying legisla-
                                            that all is well when we fly in and out                 tems and that the Transportation Security               tion, and I reserve the balance of my
                                            of Washington as Members of Congress,                   Administration’s workforce should be pro-               time.
                                            as well as the 450 airports all around                  vided protections and benefits under title 5,             Mr. ROGERS of Alabama. Mr. Chair-
                                            the United States.                                      United States Code.                                     man, I rise in opposition to the amend-
                                              They do a good job, but they are not                    The Acting CHAIR. Pursuant to                         ment.




dlhill on DSKBBY8HB2PROD with HOUSE
                                            treated fairly.                                         House Resolution 877, the gentleman                       The Acting CHAIR. The gentleman is
                                              We want to make sure, in this in-                     from Maryland (Mr. BROWN) and a                         recognized for 5 minutes.
                                            stance, with the amendment, that we                     Member opposed each will control 5                        Mr. ROGERS of Alabama. Mr. Chair-
                                            improve on the bill. So I rise in support               minutes.                                                man, this amendment is a sense of Con-
                                            of the amendment offered by my col-                       The Chair recognizes the gentleman                    gress articulating support for the un-
                                            league, Mr. PETERS from California.                     from Maryland.                                          derlying bill, an underlying bill which I



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                                            H1512                                             CONGRESSIONAL RECORD — HOUSE                                                        March 5, 2020
                                            have made clear over the last 2 days                    help the TSOs. This underlying bill                     have led to this crisis. It provides a
                                            would reduce pay and benefits for our                   doesn’t do it. We need to get with our                  path to finding solutions on mental
                                            TSOs. That is unacceptable. We should                   appropriating brothers and sisters and                  health and suicide, while improving
                                            be trying to increase their pay and ben-                urge them to fund the President’s 2021                  morale, recruitment, and retention.
                                            efits and their flexibility rather than                 budget which does provide the money                       The cost of inaction is simply too
                                            trying to cap it by moving into title V.                that would allow TSOs to be properly                    high. We see the cost of inaction in the
                                              I can’t support this amendment be-                    paid and not capped.                                    story of Mario Vanetta. Mario was a
                                            cause I don’t support the underlying                      I remind everybody that it was the                    New Jersey air marshal who fatally
                                            bill. There are many of us who feel that                Obama human capital experts who had                     shot his wife and himself in a murder-
                                            way, who care very deeply about TSOs                    a blue-ribbon study that recommended                    suicide last October. Mario left behind
                                            being compensated better and given                      that we not move the TSA employees                      three children, and his tragic story is
                                            better benefits, so, for that reason, I                 back to title V because it would, in                    one we cannot ignore or forget.
                                            oppose the bill, and I reserve the bal-                 fact, cut their pay and limit many of                     When our neighbors answer the call
                                            ance of my time.                                        their benefits.                                         to service, they deserve our full sup-
                                              Mr. BROWN of Maryland. Mr. Chair-                       Mr. Chair, I yield back the balance of                port. Members of the Federal Air Mar-
                                            man, I yield to the gentleman from                      my time.                                                shal Service serve our country every
                                            Mississippi (Mr. THOMPSON), my friend                     The Acting CHAIR. The question is                     day under incredible stress and dif-
                                            and chairman of the committee.                          on the amendment offered by the gen-                    ficult conditions. We have seen what
                                              Mr. THOMPSON of Mississippi. Mr.                      tleman from Maryland (Mr. BROWN).                       those conditions do and the lives they
                                            Chair, I appreciate the gentleman                         The amendment was agreed to.                          impact. The time is now to act, to
                                            yielding me the time.                                          AMENDMENT NO. 6 OFFERED BY MR. KIM               honor their service, and to put an end
                                              Let me be clear. This bill enhances                                                                           to this epidemic before it takes more
                                                                                                      The Acting CHAIR. It is now in order
                                            opportunities for TSOs. It increases the                                                                        American lives.
                                                                                                    to consider amendment No. 6 printed in
                                            possibility of them getting employ-                                                                               Mr. Chair, I hope you will join me in
                                                                                                    House Report 116–411.
                                            ment by putting them on the GS sched-                                                                           passing this amendment, and I reserve
                                                                                                      Mr. KIM. Mr. Chairman, I have an
                                            ule for Federal employees, so I am                                                                              the balance of my time.
                                                                                                    amendment at the desk.
                                            somewhat mystified that a bill that is                                                                            Mr. ROGERS of Alabama. Mr. Chair-
                                                                                                      The Acting CHAIR. The Clerk will
                                            designed to bring a group of employees                                                                          man, I claim the time in opposition to
                                                                                                    designate the amendment.
                                            into a system that all other Federal                                                                            the amendment, although I am not op-
                                                                                                      The text of the amendment is as fol-
                                            employees are in is somehow penal-                                                                              posed to it.
                                                                                                    lows:
                                            izing those employees.                                                                                            The Acting Chair (Mr. BROWN of
                                              The very intent of this bill is to level                   Add at the end the following:
                                                                                                                                                            Maryland). Without objection, the gen-
                                                                                                    SEC. 7. ASSISTANCE FOR FEDERAL AIR MARSHAL
                                            the playing field for TSOs, who, every-                              SERVICE.                                   tleman is recognized for 5 minutes.
                                            body agrees, are doing a wonderful job,                   The Administrator of the Transportation                 There was no objection.
                                            so I continue to be somewhat baffled by                 Security Administration shall engage and                  Mr. ROGERS of Alabama. Mr. Chair,
                                            the arguments against it.                               consult with public and private entities asso-          we have consistently seen reporting
                                              I support the gentleman from Mary-                    ciated with the Federal Air Marshal Service             and data highlighting the unique
                                            land’s amendment. This amendment                        to address concerns regarding Federal Air               health and well-being challenges of
                                            adds additional language to the bill to                 Marshals related to the following:                      Federal air marshals. This amendment
                                            reiterate Congress’ intent that TSA                       (1) Mental health.                                    is a commendable effort to examine the
                                            employees should have the same pro-                       (2) Suicide rates.
                                                                                                                                                            issue, and I urge my colleagues to sup-
                                                                                                      (3) Morale and recruitment.
                                            tections and benefits as the rest of the                                                                        port it.
                                                                                                      (4) Any other personnel issues the Admin-
                                            Federal workforce.                                      istrator determines appropriate.                          Mr. Chair, I reserve the balance of
                                              This current system that we have is                                                                           my time.
                                            not working for TSA employees. All                        The Acting CHAIR. Pursuant to                           Mr. KIM. Mr. Chairman, I yield to
                                            you have to do is talk to them. When                    House Resolution 877, the gentleman                     the gentleman from Mississippi (Mr.
                                            you go through the airports, just ask                   from New Jersey (Mr. KIM) and a Mem-                    THOMPSON).
                                            them: ‘‘Are you happy with how you                      ber opposed each will control 5 min-                      Mr. THOMPSON of Mississippi. Mr.
                                            are being treated and paid right now?’’                 utes.                                                   Chairman, I am happy to rise in sup-
                                            Without a doubt, they will tell you:                      The Chair recognizes the gentleman                    port of the amendment offered by the
                                            ‘‘No.’’ So this is to fix it.                           from New Jersey.                                        gentleman from New Jersey (Mr. KIM).
                                              I compliment the gentleman from                         Mr. KIM. Mr. Chair, I rise today to                     Federal air marshals are an essential
                                            Maryland’s strengthening of the intent                  introduce this simple amendment that                    component of the layered aviation se-
                                            of this legislation. But, more impor-                   addresses a complex and tragic prob-                    curity system that was created in the
                                            tantly, the bargaining unit that rep-                   lem.                                                    wake of the September 11 attacks.
                                            resents the employees, the American                       The U.S. Federal Air Marshal Serv-                    Every day, these quiet heroes keep the
                                            Federation of Government Employees,                     ice, men and women tasked with pro-                     flying public safe.
                                            which represents all the TSOs, all                      tecting the thousands of airline pas-                     As Representative KIM’s amendment
                                            46,000, they are in support of it.                      sengers and crew who fly across the                     recognizes, there are some major per-
                                              Mr. Chair, I urge my colleagues to                    United States and globally every day,                   sonnel changes within FAMS that need
                                            support the amendment.                                  is in a state of crisis.                                timely attention. I commend the gen-
                                              Mr. BROWN of Maryland. Mr. Chair,                       The public servants who are com-                      tleman from New Jersey for intro-
                                            I yield back the balance of my time.                    mitted to our safety are subject to                     ducing this amendment to direct TSA
                                              Mr. ROGERS of Alabama. Mr. Chair-                     high-stress work environments that                      to aggressively take on the mental
                                            man, my friend and colleague from                       have led to a drastic increase in health                health and morale challenges within
                                            Mississippi is right about part of what                 issues, turnover in staff, and even a                   this subset of the TSA workforce.
                                            he said, that is that if you talk to TSOs               number of highly disturbing murders                       Again, I compliment the gentleman
                                            throughout this country, they are                       and suicides. In a story published by                   for his amendment and urge support.
                                            grossly dissatisfied with their pay, and                ABC News last year, Sonya Hightower                       Mr. KIM. Mr. Chair, I would like to
                                            rightfully so. We have not done our job                 LaBosco, the president of the Air Mar-                  remind my colleagues that this bill
                                            in Congress to adequately fund the                      shal National Council, a union which                    isn’t just a matter of national security;
                                            TSA to pay them better.                                 represents thousands of air marshals,                   it is a matter of life and death for the
                                              The TSA wants to increase their pay.                  said: ‘‘The crisis is here—it’s an epi-                 men and women we depend on to keep




dlhill on DSKBBY8HB2PROD with HOUSE
                                            Under current law, they have a lot                      demic.’’                                                our airline passengers and crews safe
                                            more capacity to raise their pay. If we                   My amendment addresses that epi-                      every day.
                                            move them to title V, that pay is                       demic by requiring that the TSA con-                      Mr. Chair, I urge everyone to join me
                                            capped.                                                 sult with the Federal Air Marshal                       in standing up for them and to put an
                                              My friend from Maryland is abso-                      Service and the bodies who represent                    end to this crisis, and I yield back the
                                            lutely right in his desire to want to                   its members to address concerns that                    balance of my time.



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                                            March 5, 2020                                     CONGRESSIONAL RECORD — HOUSE                                                                   H1513
                                              Mr. ROGERS of Alabama. Mr. Chair-                       My amendment would direct the Sec-                   erence in the hiring that exists now.
                                            man, I yield back the balance of my                     retary of Homeland Security to                         Under current law, all veterans are
                                            time.                                                   prioritize our Nation’s heroes first                   given preference in hiring at the TSA.
                                              The Acting CHAIR. The question is                     when hiring to support TSA’s work-                     Under the underlying bill, it would be
                                            on the amendment offered by the gen-                    force. This includes veteran-related-                  restricted to those veterans who had a
                                            tleman from New Jersey (Mr. KIM).                       preference-eligible individuals such as                rank of O3 or less. Only they would get
                                              The amendment was agreed to.                          disabled veterans and widows or wid-                   preferences. I don’t think this is where
                                             AMENDMENT NO. 7 OFFERED BY MR. CISNEROS                owers of veterans. As a Navy veteran                   this Congress wants to go.
                                              The Acting CHAIR. It is now in order                  and member of the House Veterans’ Af-                    Mr. Chairman, I oppose the amend-
                                            to consider amendment No. 7 printed in                  fairs Committee and the House Armed                    ment, and I yield back the balance of
                                            House Report 116–411.                                   Services Committee, the hiring of our                  my time.
                                              Mr. CISNEROS. Mr. Chair, I have an                    servicemembers and veterans is one of                    The Acting CHAIR. The question is
                                            amendment at the desk.                                  my top priorities.                                     on the amendment offered by the gen-
                                              The Acting CHAIR. The Clerk will                        Mr. Chairman, I urge my colleagues                   tleman from California (Mr. CISNEROS).
                                            designate the amendment.                                to join me in support of this amend-                     The question was taken; and the Act-
                                              The text of the amendment is as fol-                  ment to ensure we do not overlook vet-                 ing Chair announced that the ayes ap-
                                            lows:                                                   erans who would strengthen the TSA                     peared to have it.
                                              Add at the end the following:                         workforce.                                               Mr. THOMPSON of Mississippi. Mr.
                                            SEC. 7. VETERANS HIRING.                                  I reserve the balance of my time.                    Chairman, I demand a recorded vote.
                                              The Secretary shall prioritize the hiring of            Mr. ROGERS of Alabama. Mr. Chair-                      The Acting CHAIR. Pursuant to
                                            veterans, including disabled veterans, and              man, I claim the time in opposition to                 clause 6 of rule XVIII, further pro-
                                            other preference eligible individuals, includ-                                                                 ceedings on the amendment offered by
                                            ing widows and widowers of veterans, as de-
                                                                                                    the amendment.
                                                                                                      Here is another example of a mes-                    the gentleman from California will be
                                            fined in section 2108 of title 5, United States
                                            Code, for covered positions.                            saging amendment that doesn’t fix the                  postponed.
                                                                                                    veterans’ hiring problem in the under-                        AMENDMENT NO. 8 OFFERED BY MS.
                                              The Acting CHAIR. Pursuant to                                                                                               SPANBERGER
                                            House Resolution 877, the gentleman                     lying bill. All this does is restate the
                                                                                                    veterans preference language in title 5.                 The Acting CHAIR. It is now in order
                                            from California (Mr. CISNEROS) and a
                                                                                                    It does not restore the full veterans                  to consider amendment No. 8 printed in
                                            Member opposed each will control 5
                                                                                                    preference that exist under current                    House Report 116–411.
                                            minutes.                                                                                                         Ms. SPANBERGER. Mr. Chairman, I
                                              The Chair recognizes the gentleman                    law.
                                                                                                      I don’t understand why the majority                  have an amendment at the desk.
                                            from California.                                                                                                 The Acting CHAIR. The Clerk will
                                              Mr. CISNEROS. Mr. Chair, I want to                    keeps restating this instead of fixing
                                                                                                    the underlying bill and allowing the                   designate the amendment.
                                            thank my colleague, Mr. THOMPSON, for                                                                            The text of the amendment is as fol-
                                            his steadfast leadership on this critical               veterans preference—which is broad-
                                                                                                    er—to remain in place without the im-                  lows:
                                            issue and for working with me to en-
                                                                                                    pediment imposed by this underlying                      Add at the end the following:
                                            sure that this amendment be made in                                                                            SEC. 7. PROHIBITION ON CERTAIN SOCIAL MEDIA
                                            order.                                                  bill.
                                                                                                                                                                       APPLICATION.
                                              Mr. Chair, I rise to offer an amend-                    So, Mr. Chairman, I oppose the
                                                                                                                                                             Beginning on the date of the enactment of
                                            ment which would require the Sec-                       amendment, and I reserve the balance                   this Act, covered employees may not use or
                                            retary of Homeland Security to                          of my time.                                            have installed on United States Government-
                                            prioritize the hiring of veterans and re-                 Mr. CISNEROS. Mr. Chairman, I                        issued mobile devices the social media video
                                            lated preference-eligible individuals,                  yield 1 minute to the distinguished                    application known as ‘‘TikTok’’ or any suc-
                                            including disabled veterans and widows                  gentleman      from   Mississippi    (Mr.              cessor application.
                                            or widowers of veterans, for positions                  THOMPSON).                                               The Acting CHAIR. Pursuant to
                                            within the Transportation Security                        Mr. THOMPSON of Mississippi. Mr.                     House Resolution 877, the gentlewoman
                                            Administration.                                         Chairman, I rise in support of the                     from Virginia (Ms. SPANBERGER) and a
                                              Mr. Chair, I rise as a supporter and                  amendment offered by the gentleman                     Member opposed each will control 5
                                            cosponsor of H.R. 1140 because I believe                from California (Mr. CISNEROS).                        minutes.
                                            we must do what we can to ensure our                      Let me be clear. We want to do all we                  The Chair recognizes the gentle-
                                            public servants have fair pay and ade-                  can for our veterans. They have done a                 woman from Virginia.
                                            quate protections. This is especially                   tremendous job defending us all over                     Ms. SPANBERGER. Mr. Chairman, I
                                            true for the Federal workforce charged                  the world. The least we can do is when                 yield myself such time as I may con-
                                            with preserving our national security                   they return, or, unfortunately, when                   sume.
                                            and protecting our Nation.                              they don’t return through tragedy, we                    Mr. Chairman, I would like to begin
                                              As the threats against our Nation                     take care of the families by offering                  by thanking Chairman THOMPSON for
                                            continue to evolve in complexity, TSA                   them employment.                                       his leadership on this important legis-
                                            employees are tasked with adapting                        This is a simple, commonsense                        lation and for his commitment to the
                                            just the same. They deserve the ability                 amendment that I would hope there                      men and women who keep our airports
                                            to negotiate compensation equitable to                  would be no disagreement on. All this                  and travelers safe.
                                            the service they provide.                               does is provide the same language that                   I am proud to cosponsor this bipar-
                                                                                                    we use for all other title 5 employees,                tisan bill because I share the chair-
                                                              b 0945                                which the intent of the overall bill is                man’s commitment to ensuring that
                                              I rise to offer this amendment to en-                 to bring everybody under the same sys-                 the TSA workforce receives the rights
                                            sure that our TSA workforce includes                    tem.                                                   that they have earned.
                                            the fortitude of our Nation’s heroes,                     So, I rise in support of the gentleman                 I am also proud to lead this amend-
                                            veterans who are already mission-driv-                  from California’s amendment and ask                    ment, which would codify the adminis-
                                            en, molded in integrity, national-secu-                 for its approval.                                      tration’s ban on TSA employees using
                                            rity minded, and, above all, driven by a                  Mr. CISNEROS. Mr. Chairman, I am                     or installing the app TikTok on their
                                            proven track record of service to the                   prepared to close.                                     government-issued phones.
                                            mission. I have heard firsthand testi-                    Mr. Chairman, I just want to reit-                     While to some TikTok may seem like
                                            mony of servicemen and -women, many                     erate this is a simple amendment in                    a harmless app, TikTok presents a sig-
                                            returning with service-connected dis-                   support of our Nation’s veterans. I urge               nificant counterintelligence threat.




dlhill on DSKBBY8HB2PROD with HOUSE
                                            abilities, but many who still yearn to                  my colleagues to adopt the amend-                      Our intelligence experts are rightly
                                            serve and protect our Nation.                           ment, and I yield back the balance of                  concerned about the use of the TikTok
                                              What better way than with the                         my time.                                               app, especially on U.S. Government-
                                            Transportation Security Administra-                       Mr. ROGERS of Alabama. Mr. Chair-                    issued devices.
                                            tion, a crucial necessity to the safe-                  man, I want to restate that the under-                   As many of my colleagues know,
                                            keeping of our Nation’s citizens?                       lying bill restricts the veterans pref-                TikTok, like other Chinese companies,



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                                            H1514                                             CONGRESSIONAL RECORD — HOUSE                                                         March 5, 2020
                                            is required under Chinese law to share                  month, all the year. In response to                     from across the country and from
                                            information with the government and                     this, TSA banned the use of TikTok by                   around the world. This means that
                                            its institutions. There are real con-                   TSA employees on government-pro-                        their potential risk and exposure to the
                                            cerns that this app could also collect                  vided devices.                                          virus is heightened.
                                            information on users in the United                        Representative SPANBERGER’s amend-                      Our TSA employees work every day
                                            States to advance Chinese counter-                      ment is to be commended for recog-                      to protect us as we travel. In turn, we
                                            intelligence efforts. And because it                    nizing that national security concerns                  must do all we can to protect them
                                            could become a tool for surveilling U.S.                about this app and successor apps will                  while they are on the job.
                                            citizens or Federal personnel, TikTok                   not go away over time and for author-                     Mr. Chairman, I urge support of this
                                            has no business being on U.S. Govern-                   izing this amendment to be codified in                  amendment and underlying bill, and I
                                            ment-issued devices.                                    law.                                                    reserve the balance of my time.
                                              While entrusted with keeping Ameri-                     With that, Mr. Chairman, I urge my                      Mr. ROGERS of Alabama. Mr. Chair-
                                            cans safe, our security personnel                       colleagues to support this amendment.                   man, I claim the time in opposition to
                                            should not use apps that could com-                       Ms. SPANBERGER. Mr. Chairman, I                       the amendment, although I am not op-
                                            promise Federal Government data.                        urge my colleagues to support this                      posed to it.
                                            There is always a threat that TikTok                    amendment and to continue protecting                      The Acting CHAIR. Without objec-
                                            could be used to compromise govern-                     our Nation, and I yield back the bal-                   tion, the gentleman is recognized for 5
                                            ment devices, including those used in                   ance of my time.                                        minutes.
                                            our airports and among our airport                        Mr. ROGERS of Alabama. Mr. Chair-                       There was no objection.
                                            personnel. That is why this amendment                   man, I yield back the balance of my                       Mr. ROGERS of Alabama. Mr. Chair-
                                            is so important and why we should pass                  time.                                                   man, this amendment recognizes that
                                            it without delay.                                         The Acting CHAIR. The question is                     the coronavirus is a serious public
                                              Recently, the TSA announced a pro-                    on the amendment offered by the gen-                    health threat and that the TSA has a
                                            hibition    on   employees    using   or                tlewoman       from   Virginia    (Ms.                  responsibility to educate its personnel
                                            downloading TikTok on their govern-                     SPANBERGER).                                            as to how they should protect them-
                                            ment-issued work phones, and my                           The amendment was agreed to.                          selves. I can’t imagine why anybody
                                            amendment would make this ban law.                       AMENDMENT NO. 9 OFFERED BY MS. MUCARSEL-               would oppose it.
                                            Other government agencies and depart-                                     POWELL                                  Mr. Chairman, I urge my colleagues
                                            ments have instituted a prohibition on                    The Acting CHAIR. It is now in order                  to vote ‘‘yes,’’ and I yield back the bal-
                                            the use of TikTok on government-                        to consider amendment No. 9 printed in                  ance of my time.
                                            issued phones including the U.S. Army,                  House Report 116–411.                                     Ms.     MUCARSEL-POWELL.            Mr.
                                            the State Department, and the Depart-                     Ms.     MUCARSEL-POWELL.          Mr.                 Chairman, I am in agreement. I urge
                                            ment of Homeland Security.                              Chairman, I rise as the designee of Ms.                 the support of this agreement, and I
                                              TSA is right to institute this policy,                SCHRIER, and I have an amendment at                     yield back the balance of my time.
                                            especially as TikTok refuses to provide                 the desk.                                                 The Acting CHAIR. The question is
                                            more transparency into some of its                        The Acting CHAIR. The Clerk will                      on the amendment offered by the gen-
                                            more controversial practices and use.                   designate the amendment.                                tlewoman        from      Florida    (Ms.
                                              Mr. Chairman, I urge my colleagues                      The text of the amendment is as fol-                  MUCARSEL-POWELL).
                                            to vote ‘‘yes’’ on my amendment to                      lows:                                                     The question was taken; and the Act-
                                            keep our government devices and our                          Add at the end the following:                      ing Chair announced that the ayes ap-
                                            airports safe from potential foreign                    SEC. 7. PREVENTION AND PROTECTION AGAINST               peared to have it.
                                            surveillance, and I reserve the balance                             CERTAIN ILLNESS.                              Mr. THOMPSON of Mississippi. Mr.
                                            of my time.                                               The Administrator of the Transportation               Chairman, I demand a recorded vote.
                                                                                                    Security Administration, in coordination                  The Acting CHAIR. Pursuant to
                                              Mr. ROGERS of Alabama. Mr. Chair-
                                                                                                    with the Director of Centers for Disease Con-
                                            man, I claim the time in opposition to                  trol and Prevention and the Director of the
                                                                                                                                                            clause 6 of rule XVIII, further pro-
                                            the bill, although I am not opposed to                  National Institute of Allergy and Infectious            ceedings on the amendment offered by
                                            the amendment.                                          Diseases, shall ensure that covered employ-             the gentlewoman from Florida will be
                                              The Acting CHAIR. Without objec-                      ees are provided proper guidance regarding              postponed.
                                            tion, the gentleman is recognized for 5                 prevention     and     protections    against             Mr. THOMPSON of Mississippi. Mr.
                                            minutes.                                                coronavirus,    including   appropriate   re-           Chairman, I move that the Committee
                                              There was no objection.                               sources.                                                do now rise.
                                              Mr. ROGERS of Alabama. Mr. Chair-                       The Acting CHAIR. Pursuant to                           The motion was agreed to.
                                            man, as the gentlewoman from Vir-                       House Resolution 877, the gentlewoman                     Accordingly, the Committee rose;
                                            ginia has just stated, the administra-                  from Florida (Ms. MUCARSEL-POWELL)                      and the Speaker pro tempore (Ms.
                                            tion has already taken some proactive                   and a Member opposed each will con-                     MUCARSEL-POWELL) having assumed
                                            steps to deal with this threat; however,                trol 5 minutes.                                         the chair, Mr. BROWN of Maryland, Act-
                                            we need to remain vigilant when it                        The Chair recognizes the gentle-                      ing Chair of the Committee of the
                                            comes to dealing with counterintel-                     woman from Florida.                                     Whole House on the state of the Union,
                                            ligence threats and concerns in the                       Ms.     MUCARSEL-POWELL.           Mr.                reported that that Committee, having
                                            Federal workforce. I think this amend-                  Chairman, this amendment will ensure                    had under consideration the bill (H.R.
                                            ment does that.                                         that the TSA Administrator works in                     1140) to enhance the security oper-
                                              Mr. Chairman, I urge my colleagues                    coordination with the Directors of the                  ations of the Transportation Security
                                            to support it, and I reserve the balance                Centers for Disease Control and the Na-                 Administration and stability of the
                                            of my time.                                             tional Institute of Allergy and Infec-                  transportation security workforce by
                                              Ms. SPANBERGER. Mr. Speaker, I                        tious Diseases to ensure that TSA em-                   applying the personnel system under
                                            yield 2 minutes to the gentleman from                   ployees are provided the proper guid-                   title 5, United States Code, to employ-
                                            Mississippi (Mr. THOMPSON).                             ance regarding prevention and protec-                   ees of the Transportation Security Ad-
                                              Mr. THOMPSON of Mississippi. Mr.                      tions against coronavirus, including                    ministration who provide screening of
                                            Chairman, I compliment the gentle-                      appropriate resources.                                  all passengers and property, and for
                                            woman from Virginia in offering this                      TSA employees are on the front lines                  other purposes, had come to no resolu-
                                            amendment.                                              of strengthening the safety of our                      tion thereon.
                                              Recently, the intelligence commu-                     transportation systems while ensuring                                     f




dlhill on DSKBBY8HB2PROD with HOUSE
                                            nity raised national security concerns                  the freedom of movement for people
                                            about the TikTok app and its ties to                    and commerce, which is why this un-                                      RECESS
                                            China. As we always and have been                       derlying legislation is so important.                     The SPEAKER pro tempore. Pursu-
                                            continuously informed, the Chinese are                    As part of their mission, TSA em-                     ant to clause 12(a) of rule I, the Chair
                                            trying to get information on what we                    ployees constantly come in close con-                   declares the House in recess subject to
                                            are doing every day of the week, every                  tact with countless people every day                    the call of the Chair.



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                                            March 5, 2020                                     CONGRESSIONAL RECORD — HOUSE                                                                        H1515
                                               Accordingly (at 9 o’clock and 57 min-                International Airport that resulted in injuries to     further consideration of the bill (H.R.
                                            utes a.m.), the House stood in recess.                  Senior Transportation Security Officer Carol           1140) to enhance the security oper-
                                               Ms. JACKSON LEE. Mr. Chair, I rise to                Richel.                                                ations of the Transportation Security
                                            speak in strong support of H.R. 1140, the                  These incidents only highlight the difficult        Administration and stability of the
                                            Rights for Transportation Security Officers Act         work that the men and women of the TSA                 transportation security workforce by
                                            of 2020, which will create civil service protec-        must perform each day to keep our nation’s             applying the personnel system under
                                            tions for TSA employees that are long over-             airports and flights safe.                             title 5, United States Code, to employ-
                                            due.                                                       The Department of Homeland Security                 ees of the Transportation Security Ad-
                                               H.R. 1140, mandates the conversion of all            (DHS) supports several key parts of the U.S.           ministration who provide screening of
                                            covered employees and positions within the              coronavirus response.                                  all passengers and property, and for
                                            Transportation Security Administration (TSA)               The TSA is responsible for: enforcing the           other purposes, with Mr. NEGUSE (Act-
                                            to the provisions of title 5, United State Code.        travel restrictions for all flights that are car-      ing Chair) in the chair.
                                               The bill represents a longstanding priority          rying individuals who have recently traveled             The Clerk read the title of the bill.
                                            for Chairman THOMPSON, the bill’s author, and           from China, notifying passengers and travelers           The Acting CHAIR. When the Com-
                                            my own as a former chair of the Homeland                of risks of contracting the virus, and coordi-         mittee of the Whole rose earlier today,
                                            Security Committee’s Subcommittee on Trans-             nating with air carriers and airports to discuss       amendment No. 9, printed in House Re-
                                            portation Security to extend the rights and pro-        government actions and seek input (TSA).               port 116–411 offered by the gentle-
                                            tections afford to all federal government em-              Allegations about mismanagement, wasteful           woman from Florida (Ms. MUCARSEL-
                                            ployees to TSA personnel.                               procedures, retaliation against whistleblowers,        POWELL) had been postponed.
                                               Several versions of the bill have been intro-        low morale, and security gaps within the                      ANNOUNCEMENT BY THE ACTING CHAIR
                                            duced over the past decade, but this Con-               Agency are causes for concern.                           The Acting CHAIR. Pursuant to
                                            gress is the first time the bill has received              TSA has consistently struggled with low mo-         clause 6 of rule XVIII, proceedings will
                                            overwhelming, bipartisan support, with 236 co-          rale across the workforce, ranking 303 out of          now resume on those amendments
                                            sponsors including 10 Republicans.                      305 government agencies in 2016.                       printed in House Report 116–411 on
                                               The legislation curtails TSA’s broad authori-           Low morale has a nexus to the high turn-            which further proceedings were post-
                                            ties to create and control its personnel sys-           over rate within the ranks of Transportation           poned, in the following order:
                                            tems, instead requiring TSA to abide by the             Security Officers (TSOs).
                                            provisions of title 5 which regulate personnel                                                                   Amendment No. 7 by Mr. CISNEROS of
                                                                                                       TSOs represent 70 percent of the TSA                California.
                                            systems for most Federal agencies.                      workforce, yet have been denied full collective
                                               The bill would provide TSA employees with                                                                     Amendment No. 9 by Ms. MUCARSEL-
                                                                                                    bargaining rights, whistleblower protections,          POWELL of Florida.
                                            the workforce protections and benefits avail-           and opportunities to effectively raise issues in
                                            able to most other Federal workers.                                                                              The Chair will reduce to 2 minutes
                                                                                                    dispute to an independent third party, such as
                                               The bill sets forth transition rules to protect                                                             the minimum time for any electronic
                                                                                                    the Merit Systems Protection Board.
                                            the rate of pay and other rights of TSA em-                                                                    vote after the first vote in this series.
                                                                                                       Additionally, TSOs are subject to a pay and
                                            ployees during a transition to title 5.                                                                         AMENDMENT NO. 7 OFFERED BY MR. CISNEROS
                                                                                                    performance system that does not track with
                                               The bill also requires the Secretary of              the General Services (GS) wage system, the               The Acting CHAIR. The unfinished
                                            Homeland Security to consult with the appro-            primary wage system for Federal workers.               business is the demand for a recorded
                                            priate labor organizations to carry out the tran-          It is past time to make the changes provided        vote on the amendment offered by the
                                            sition.                                                 by H.R. 1140, so the TSA workforce is treated          gentleman     from    California  (Mr.
                                               This bill does not affect prohibitions against       equally to other federal employees with the            CISNEROS) on which further proceedings
                                            disloyalty and asserting the right to strike            power to advance and expand their opportuni-           were postponed and on which the ayes
                                            against the federal government.                         ties as government employees.                          prevailed by voice vote.
                                               The bill also extends the timeline for the              Finally I am excited to support the Mucarsel-         The Clerk will redesignate the
                                            transition from 60 days to a more realistic 180         Powell amendment regarding infectious dis-             amendment.
                                            days, and it contains language to protect em-           ease preparation and protection for TSOs, and            The Clerk redesignated the amend-
                                            ployees with grievances or disciplinary actions         the Cisneros Amendment that is very impor-             ment.
                                            pending during the transition.                          tant which requires the DHS to prioritize hiring                         RECORDED VOTE
                                               On the morning of September 11, 2001,                veterans including disabled veterans and oth-            The Acting CHAIR. A recorded vote
                                            nearly 3,000 people were killed in a series of          ers associated with veterans.                          has been demanded.
                                            coordinated terrorist attacks in New York,                 I ask my colleagues to join me in voting for          A recorded vote was ordered.
                                            Pennsylvania and Virginia.                              H.R. 1140.                                               The vote was taken by electronic de-
                                               The attacks resulted in the creation of the
                                                                                                                      f                                    vice, and there were—ayes 399, noes 1,
                                            Transportation Security Administration, which
                                                                                                                                                           not voting 35, as follows:
                                            was designed to prevent similar attacks in the                                b 1015
                                            future by removing the responsibility for trans-                                                                                  [Roll No. 87]
                                                                                                               AFTER RECESS                                                    AYES—399
                                            portation security from private entities.
                                               The Aviation and Transportation Security               The recess having expired, the House                 Abraham           Boyle, Brendan   Chu, Judy
                                            Act, passed by the 107th Congress and                   was called to order by the Speaker pro                 Adams               F.             Cicilline
                                                                                                                                                           Aderholt          Brady            Cisneros
                                            signed on November 19, 2001, established                tempore (Mr. BROWN of Maryland) at 10                  Aguilar           Brindisi         Clark (MA)
                                            TSA just 2 months following the September               o’clock and 15 minutes a.m.                            Allen             Brooks (AL)      Clarke (NY)
                                            11, 2001 attacks.                                                                                              Allred            Brooks (IN)      Clay
                                                                                                                      f
                                                                                                                                                           Amodei            Brown (MD)       Cleaver
                                               The urgent need to provide a response to                                                                    Armstrong         Brownley (CA)    Cline
                                            the available security threat was facing meant            RIGHTS FOR TRANSPORTATION
                                                                                                                                                           Arrington         Buchanan         Cloud
                                            that much of the work to provide administra-             SECURITY OFFICERS ACT OF 2020                         Axne              Buck             Clyburn
                                            tive structure and integration measures that              The SPEAKER pro tempore. Pursu-                      Babin             Bucshon          Cohen
                                                                                                                                                           Bacon             Budd             Cole
                                            would have woven in the civil service protec-           ant to House Resolution 877 and rule                   Baird             Burchett         Collins (GA)
                                            tions now be added did not occur at that time.          XVIII, the Chair declares the House in                 Balderson         Burgess          Comer
                                               The TSA’s mission is to protect the nation’s         the Committee of the Whole House on                    Banks             Bustos           Conaway
                                                                                                                                                           Barr              Butterfield      Connolly
                                            transportation systems to ensure freedom of             the state of the Union for the further                 Barragán         Byrne            Cook
                                            movement for people and commerce.                       consideration of the bill, H.R. 1140.                  Bass              Calvert          Cooper
                                               The work of the TSA is a frontline Depart-             Will the gentleman from Colorado                     Beatty            Carbajal         Correa
                                            ment of Homeland Security and it is not                 (Mr. NEGUSE) kindly take the chair.                    Bergman           Carson (IN)      Costa




dlhill on DSKBBY8HB2PROD with HOUSE
                                                                                                                                                           Biggs             Carter (GA)      Courtney
                                            easy—it can in fact be very dangerous.
                                                                                                                          b 1015                           Bilirakis         Carter (TX)      Cox (CA)
                                               Like many of my colleagues, I recall the                                                                    Bishop (NC)       Cartwright       Craig
                                            shooting incident at LAX that killed Gerardo                    IN THE COMMITTEE OF THE WHOLE                  Bishop (UT)       Case             Crawford
                                            Hernandez, who became the first TSA officer               Accordingly, the House resolved                      Blumenauer        Casten (IL)      Crenshaw
                                                                                                                                                           Blunt Rochester   Castor (FL)      Crist
                                            killed in the line of duty; and the machete at-         itself into the Committee of the Whole                 Bonamici          Castro (TX)      Crow
                                            tack at the Louis Armstrong New Orleans                 House on the state of the Union for the                Bost              Chabot           Cuellar




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                                            H1516                                               CONGRESSIONAL RECORD — HOUSE                                                                  March 5, 2020
                                            Cunningham          Katko              Phillips           Waltz               Wenstrup              Womack           Byrne             Granger           McEachin
                                            Curtis              Keating            Pingree            Wasserman           Westerman             Woodall          Calvert           Graves (GA)       McGovern
                                            Davids (KS)         Keller             Plaskett            Schultz            Wexton                Wright           Carbajal          Graves (LA)       McHenry
                                            Davidson (OH)       Kelly (IL)         Pocan              Watkins             Wild                  Yarmuth          Cárdenas         Graves (MO)       McKinley
                                            Davis (CA)          Kelly (MS)         Porter             Watson Coleman      Williams              Yoho             Carson (IN)       Green, Al (TX)    McNerney
                                            Davis, Danny K.     Kelly (PA)         Posey              Weber (TX)          Wilson (FL)           Young            Carter (GA)       Griffith          Meadows
                                            Dean                Kennedy            Pressley           Webster (FL)        Wilson (SC)           Zeldin           Carter (TX)       Guest             Meeks
                                            DeFazio             Khanna             Price (NC)         Welch               Wittman                                Cartwright        Guthrie           Meng
                                            DeGette             Kildee             Quigley                                                                       Case              Hagedorn          Meuser
                                            DeLauro             Kim                Radewagen                                 NOES—1                              Casten (IL)       Harder (CA)       Miller
                                            Delgado             Kind               Raskin                                 Amash                                  Castor (FL)       Harris            Mitchell
                                            Demings             King (IA)          Ratcliffe                                                                     Castro (TX)       Hartzler          Moolenaar
                                            DeSaulnier          King (NY)          Reed                                  NOT VOTING—35                           Chabot            Hastings          Mooney (WV)
                                            DesJarlais          Kinzinger          Reschenthaler      Bera                Herrera Beutler       Newhouse         Cicilline         Hayes             Moore
                                            Deutch              Kirkpatrick        Rice (NY)          Beyer               Jackson Lee           Rodgers (WA)     Cisneros          Heck              Morelle
                                            Diaz-Balart         Krishnamoorthi     Rice (SC)          Bishop (GA)         Jayapal               Rooney (FL)      Clark (MA)        Hern, Kevin       Moulton
                                            Dingell             Kuster (NH)        Richmond           Cárdenas           Johnson (TX)          Rose, John W.    Clarke (NY)       Hice (GA)         Mucarsel-Powell
                                            Doggett             Kustoff (TN)       Riggleman          Cheney              Kilmer                Roy              Clay              Higgins (LA)      Murphy (FL)
                                            Doyle, Michael      LaHood             Roby               Davis, Rodney       LaMalfa               Schrier          Cleaver           Higgins (NY)      Murphy (NC)
                                              F.                Lamb               Roe, David P.      DelBene             Larsen (WA)           Scott, David     Cline             Hill (AR)         Nadler
                                            Duncan              Lamborn            Rogers (AL)        González-Colón    Lawrence              Sires            Cloud             Himes             Napolitano
                                            Dunn                Langevin           Rogers (KY)          (PR)              Lewis                 Smith (WA)       Clyburn           Holding           Neal
                                            Emmer               Larson (CT)        Rose (NY)          Green (TN)          Lucas                 Timmons          Cohen             Hollingsworth     Neguse
                                            Engel               Latta              Rouda              Grijalva            Marchant              Veasey           Cole              Horn, Kendra S.   Norcross
                                            Escobar             Lawson (FL)        Rouzer             Hayes               Mullin                Waters           Collins (GA)      Horsford          Norman
                                            Eshoo               Lee (CA)           Roybal-Allard                                                                 Comer             Houlahan          Norton
                                            Espaillat           Lee (NV)           Ruiz                                                                          Conaway           Hoyer             Nunes
                                            Estes               Lesko              Ruppersberger                         b 1044                                  Connolly          Hudson            O’Halleran
                                            Evans               Levin (CA)         Rush                                                                          Cook              Huffman           Ocasio-Cortez
                                            Ferguson            Levin (MI)         Rutherford
                                                                                                        Messrs. OLSON, DUNCAN, and Mrs.                          Cooper            Huizenga          Olson
                                            Finkenauer          Lieu, Ted          Ryan               LESKO changed their vote from ‘‘no’’                       Correa            Hurd (TX)         Omar
                                            Fitzpatrick         Lipinski           Sablan             to ‘‘aye.’’                                                Costa             Jackson Lee       Palazzo
                                            Fleischmann         Loebsack           San Nicolas          So the amendment was agreed to.                          Courtney          Jeffries          Pallone
                                            Fletcher            Lofgren            Sánchez                                                                      Cox (CA)          Johnson (GA)      Palmer
                                            Flores              Long               Sarbanes
                                                                                                        The result of the vote was announced                     Craig             Johnson (LA)      Panetta
                                            Fortenberry         Loudermilk         Scalise            as above recorded.                                         Crawford          Johnson (OH)      Pappas
                                            Foster              Lowenthal          Scanlon              Stated for:                                              Crenshaw          Johnson (SD)      Pascrell
                                            Foxx (NC)           Lowey              Schakowsky           Mrs. HAYES. Mr. Speaker, had I been                      Crist             Jordan            Payne
                                            Frankel             Luetkemeyer        Schiff                                                                        Crow              Joyce (OH)        Pence
                                            Fudge               Luján             Schneider          present, I would have voted ‘‘yea’’ on rollcall            Cuellar           Joyce (PA)        Perlmutter
                                            Fulcher             Luria              Schrader           No. 87.                                                    Cunningham        Kaptur            Perry
                                            Gabbard             Lynch              Schweikert           Mr. RODNEY DAVIS of Illinois. Mr. Chair, I               Curtis            Katko             Peters
                                            Gaetz               Malinowski         Scott (VA)         was unavoidably detained. Had I been                       Davids (KS)       Keating           Peterson
                                            Gallagher           Maloney,           Scott, Austin                                                                 Davidson (OH)     Keller            Phillips
                                            Gallego               Carolyn B.       Sensenbrenner      present, I would have voted ‘‘yea’’ on rollcall            Davis (CA)        Kelly (IL)        Pingree
                                            Garamendi           Maloney, Sean      Serrano            No. 87.                                                    Davis, Danny K.   Kelly (MS)        Plaskett
                                            Garcı́a (IL)        Marshall           Sewell (AL)          Mr. BERA. Mr. Chair, I missed the following              Davis, Rodney     Kelly (PA)        Pocan
                                            Garcia (TX)         Massie             Shalala                                                                       Dean              Kennedy           Porter
                                            Gianforte           Mast               Sherman
                                                                                                      vote due to a committee hearing. Had I been                DeFazio           Khanna            Posey
                                            Gibbs               Matsui             Sherrill           present, I would have voted ‘‘yea’’ on rollcall            DeGette           Kildee            Pressley
                                            Gohmert             McAdams            Shimkus            No. 87.                                                    DeLauro           Kim               Price (NC)
                                            Golden              McBath             Simpson                                                                       Delgado           Kind              Quigley
                                                                                                       AMENDMENT NO. 9 OFFERED BY MS. MUCARSEL-
                                            Gomez               McCarthy           Slotkin                                                                       Demings           King (IA)         Radewagen
                                                                                                                        POWELL
                                            Gonzalez (OH)       McCaul             Smith (MO)                                                                    DeSaulnier        King (NY)         Raskin
                                            Gonzalez (TX)       McClintock         Smith (NE)           The Acting CHAIR. The unfinished                         DesJarlais        Kinzinger         Reed
                                            Gooden              McCollum           Smith (NJ)         business is the demand for a recorded                      Deutch            Kirkpatrick       Reschenthaler
                                            Gosar               McEachin           Smucker                                                                       Diaz-Balart       Krishnamoorthi    Rice (NY)
                                            Gottheimer          McGovern           Soto               vote on the amendment offered by the                       Dingell           Kuster (NH)       Rice (SC)
                                            Granger             McHenry            Spanberger         gentlewoman     from    Florida    (Ms.                    Doggett           Kustoff (TN)      Richmond
                                            Graves (GA)         McKinley           Spano              MUCARSEL-POWELL) on which further                          Doyle, Michael    LaHood            Riggleman
                                            Graves (LA)         McNerney           Speier                                                                          F.              LaMalfa           Roby
                                            Graves (MO)         Meadows            Stanton
                                                                                                      proceedings were postponed and on
                                                                                                                                                                 Duncan            Lamb              Roe, David P.
                                            Green, Al (TX)      Meeks              Stauber            which the ayes prevailed by voice vote.                    Dunn              Lamborn           Rogers (AL)
                                            Griffith            Meng               Stefanik             The Clerk will redesignate the                           Emmer             Langevin          Rogers (KY)
                                            Grothman            Meuser             Steil              amendment.                                                 Engel             Larson (CT)       Rose (NY)
                                            Guest               Miller             Steube                                                                        Escobar           Latta             Rouda
                                            Guthrie             Mitchell           Stevens              The Clerk redesignated the amend-                        Eshoo             Lawson (FL)       Rouzer
                                            Haaland             Moolenaar          Stewart            ment.                                                      Espaillat         Lee (CA)          Roybal-Allard
                                            Hagedorn            Mooney (WV)        Stivers                                RECORDED VOTE                          Estes             Lee (NV)          Ruiz
                                            Harder (CA)         Moore              Suozzi                                                                        Evans             Lesko             Ruppersberger
                                            Harris              Morelle            Swalwell (CA)        The Acting CHAIR. A recorded vote                        Ferguson          Levin (CA)        Rush
                                            Hartzler            Moulton            Takano             has been demanded.                                         Finkenauer        Levin (MI)        Rutherford
                                            Hastings            Mucarsel-Powell    Taylor               A recorded vote was ordered.                             Fitzpatrick       Lieu, Ted         Ryan
                                            Heck                Murphy (FL)        Thompson (CA)                                                                 Fleischmann       Lipinski          Sablan
                                            Hern, Kevin         Murphy (NC)        Thompson (MS)        The Acting CHAIR. This will be a 2-                      Fletcher          Loebsack          San Nicolas
                                            Hice (GA)           Nadler             Thompson (PA)      minute vote.                                               Flores            Lofgren           Sánchez
                                            Higgins (LA)        Napolitano         Thornberry           The vote was taken by electronic de-                     Fortenberry       Long              Sarbanes
                                            Higgins (NY)        Neal               Tipton                                                                        Foster            Loudermilk        Scalise
                                            Hill (AR)           Neguse             Titus
                                                                                                      vice, and there were—ayes 403, noes 0,
                                                                                                                                                                 Foxx (NC)         Lowenthal         Scanlon
                                            Himes               Norcross           Tlaib              not voting 32, as follows:                                 Frankel           Lowey             Schakowsky
                                            Holding             Norman             Tonko                                   [Roll No. 88]                         Fudge             Lucas             Schiff
                                            Hollingsworth       Norton             Torres (CA)                                                                   Fulcher           Luetkemeyer       Schneider
                                            Horn, Kendra S.     Nunes              Torres Small                             AYES—403                             Gabbard           Luján            Schrader
                                            Horsford            O’Halleran           (NM)             Abraham             Barr                  Boyle, Brendan   Gaetz             Luria             Schweikert
                                            Houlahan            Ocasio-Cortez      Trahan             Adams               Barragán               F.             Gallagher         Lynch             Scott (VA)
                                            Hoyer               Olson              Trone              Aderholt            Bass                  Brady            Gallego           Malinowski        Scott, Austin
                                            Hudson              Omar               Turner             Aguilar             Beatty                Brindisi         Garamendi         Maloney,          Sensenbrenner
                                            Huffman             Palazzo            Underwood          Allen               Bera                  Brooks (AL)      Garcı́a (IL)        Carolyn B.      Sewell (AL)
                                            Huizenga            Pallone            Upton              Allred              Bergman               Brooks (IN)      Garcia (TX)       Maloney, Sean     Shalala
                                            Hurd (TX)           Palmer             Van Drew           Amash               Beyer                 Brown (MD)       Gianforte         Marshall          Sherman
                                            Jeffries            Panetta            Vargas             Amodei              Biggs                 Brownley (CA)    Gibbs             Massie            Sherrill




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                                            Johnson (GA)        Pappas             Vela               Armstrong           Bilirakis             Buchanan         Gohmert           Mast              Shimkus
                                            Johnson (LA)        Pascrell           Velázquez         Arrington           Bishop (GA)           Buck             Golden            Matsui            Simpson
                                            Johnson (OH)        Payne              Visclosky          Axne                Bishop (NC)           Bucshon          Gomez             McAdams           Slotkin
                                            Johnson (SD)        Pence              Wagner             Babin               Bishop (UT)           Budd             Gonzalez (OH)     McBath            Smith (MO)
                                            Jordan              Perlmutter         Walberg            Bacon               Blumenauer            Burchett         Gonzalez (TX)     McCarthy          Smith (NE)
                                            Joyce (OH)          Perry              Walden             Baird               Blunt Rochester       Burgess          Gooden            McCaul            Smith (NJ)
                                            Joyce (PA)          Peters             Walker             Balderson           Bonamici              Bustos           Gosar             McClintock        Smucker
                                            Kaptur              Peterson           Walorski           Banks               Bost                  Butterfield      Gottheimer        McCollum          Soto




                                      VerDate Sep 11 2014     04:04 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00010     Fmt 4634   Sfmt 0634    E:\CR\FM\A05MR7.012   H05MRPT1
                                            March 5, 2020                                        CONGRESSIONAL RECORD — HOUSE                                                                H1517
                                            Spanberger           Tlaib              Wasserman                           MOTION TO RECOMMIT                     ported by every Democrat in the
                                            Spano                Tonko                Schultz
                                            Speier               Torres (CA)        Watkins
                                                                                                         Mrs. LESKO. Mr. Speaker, I have a                     House.
                                            Stanton              Torres Small       Watson Coleman     motion to recommit at the desk.                           Republicans strongly support the
                                            Stauber                (NM)             Weber (TX)           The SPEAKER pro tempore. Is the                       Underwood amendment. We were dis-
                                            Stefanik             Trahan             Webster (FL)       gentlewoman opposed to the bill?                        appointed we did not have an oppor-
                                            Steil                Trone              Welch
                                            Steube               Turner             Wenstrup             Mrs. LESKO. I am in its current                       tunity to vote on it earlier.
                                            Stevens              Underwood          Westerman          form.                                                     The Underwood amendment preserves
                                            Stewart              Upton              Wexton               The SPEAKER pro tempore. The                          the authority TSA currently has to
                                            Stivers              Van Drew           Wild
                                            Suozzi               Vargas             Williams
                                                                                                       Clerk will report the motion to recom-                  prevent the hiring of candidates with a
                                            Swalwell (CA)        Vela               Wilson (SC)        mit.                                                    history of sexual misconduct, offenses
                                            Takano               Velázquez         Wittman              The Clerk read as follows:                            involving minors, or terrorism.
                                            Taylor               Visclosky          Womack               Mrs. Lesko moves to recommit the bill                   The Underwood amendment is so im-
                                            Thompson (CA)        Wagner             Woodall
                                            Thompson (MS)        Walberg            Wright
                                                                                                       H.R. 1140 to the Committee on Homeland Se-              portant because current law bars a lit-
                                            Thompson (PA)        Walden             Yarmuth            curity with instructions to report the same             any of criminals from working in sen-
                                            Thornberry           Walker             Yoho               back to the House forthwith with the fol-               sitive roles at airports. The amend-
                                            Tipton               Walorski           Young              lowing amendment:                                       ment simply ensures that current safe-
                                            Titus                Waltz              Zeldin               Add at the end of section 4 the following:
                                                                                                         (c) RULE OF CONSTRUCTION.—During the                  guards remain in place.
                                                               NOT VOTING—32                                                                                     There is no reason that someone with
                                                                                                       transition period and after the conversion
                                            Cheney               Johnson (TX)       Rose, John W.      date, the Secretary shall ensure that the               a conviction for sexual assault or ter-
                                            Chu, Judy            Kilmer             Roy                                                                        rorism should be a TSA employee. To
                                                                                                       Transportation     Security  Administration
                                            DelBene              Larsen (WA)        Schrier
                                            González-Colón     Lawrence           Scott, David       continues to prevent the hiring of individ-             be clear, the Underwood amendment,
                                              (PR)               Lewis              Serrano            uals who have been convicted of a sex crime,            my amendment, would prevent the hir-
                                            Green (TN)           Marchant           Sires              an offense involving a minor, a crime of vio-           ing of sexual predators like Harvey
                                            Grijalva             Mullin             Smith (WA)         lence, or terrorism.                                    Weinstein.
                                            Grothman             Newhouse           Timmons
                                            Haaland              Ratcliffe          Veasey               The SPEAKER pro tempore. Pursu-                         We have two options today: adopt the
                                            Herrera Beutler      Rodgers (WA)       Waters             ant to the rule, the gentlewoman from                   Underwood amendment and keep sex-
                                            Jayapal              Rooney (FL)        Wilson (FL)        Arizona is recognized for 5 minutes in                  ual predators off the Federal payroll,
                                                                                                       support of her motion.                                  or reject it and reward sexual predators
                                                                b 1058
                                                                                                         Mrs. LESKO. Mr. Speaker, I first                      with a paycheck from the taxpayers.
                                               So the amendment was agreed to.                         want to say that the vast majority of                     Mr. Speaker, I urge all Members to
                                               The result of the vote was announced                    TSA officers are good, hardworking                      support the motion to recommit, and I
                                            as above recorded.                                         professionals, but there are some bad                   yield back the balance of my time.
                                               Stated for:                                             actors.                                                   Mrs. DEMINGS. Mr. Speaker, I rise
                                               Ms. JUDY CHU of California. Mr. Chair, had                On February 6, 2020, the State of                     in opposition to this motion to recom-
                                            I been present, I would have voted ‘‘yea’’ on              California announced the arrest and                     mit.
                                            rollcall No. 88.                                           prosecution of a former TSA screener,                     The SPEAKER pro tempore. The gen-
                                               Mr. GROTHMAN. Mr. Chair, I was unavoid-                 resulting from an FBI investigation.                    tlewoman from Florida is recognized
                                            ably detained. Had I been present, I would                 According to the criminal complaint,                    for 5 minutes.
                                            have voted ‘‘yea’’ on rollcall No. 88.                     the TSA screener used ‘‘fraud or deceit                   Mrs. DEMINGS. Mr. Speaker, 47,000
                                               The Acting CHAIR. There being no                        to falsely imprison a woman going                       Transportation Security officers just
                                            further amendments, under the rule,                        through security’’ while stationed as a                 heard the comments of my colleague,
                                            the Committee rises.                                       travel document checker at Los Ange-                    Mrs. LESKO, and many of them we will
                                               Accordingly, the Committee rose;                        les International Airport in June 2019.                 see today as we cast our votes and fly
                                            and the Speaker pro tempore (Mr.                             The screener insisted that the woman                  home to our districts. I am sure many
                                            NEGUSE) having assumed the chair, Mr.                      passenger needed extra screening in a                   people on this House floor will say,
                                            BUTTERFIELD, Acting Chair of the Com-                      private elevator, where he told the pas-                ‘‘Thank you for your service,’’ to the
                                            mittee of the Whole House on the state                     senger to reveal her ‘‘full breasts’’ and               47,000 men and women who do the jobs
                                            of the Union, reported that that Com-                      to ‘‘lift her pants and underwear.’’ The                to keep the flying public safe every
                                            mittee, having had under consideration                     victim in the case stated that she com-                 day.
                                            the bill (H.R. 1140) to enhance the secu-                  plied with the TSO’s instructions out                     The behavior that Mrs. LESKO cited
                                            rity operations of the Transportation                      of fear.                                                from LAX, that is offensive to, I am
                                            Security Administration and stability                        Fortunately, this offender was imme-                  sure, everyone in this room. But let me
                                            of the transportation security work-                       diately fired by the TSA. However,                      be clear: There is nothing in this bill
                                            force by applying the personnel system                     under this bill, H.R. 1140, if it passed,               that will allow the TSA to hire individ-
                                            under title 5, United States Code, to                      this predator could be on the Federal                   uals who have been convicted of sex
                                            employees of the Transportation Secu-                      payroll for months or even years.                       crimes or offenses against a minor, a
                                            rity      Administration        who    provide               But this is not an isolated incident.                 crime of violence, or terrorism.
                                            screening of all passengers and prop-                      In addition to the sexual predator at                     And let me be clear. In the example,
                                            erty, and for other purposes, and, pur-                    LAX, in the last 5 years alone, a                       also, that she cited, there is nothing
                                            suant to House Resolution 877, he re-                      screener in Boston was caught luring                    that would have precluded this person
                                            ported the bill, as amended by that res-                   teenage girls into posing for nude                      from being hired in the first place. The
                                            olution, back to the House with sundry                     photos; a screener at LaGuardia mo-                     behavior took place after the person
                                            further amendments adopted in the                          lested a female college student in the                  was hired.
                                            Committee of the Whole.                                    airport bathroom; and two screeners in                    This is a red herring. We decided not
                                              The SPEAKER pro tempore. Under                           Denver plotted to grope attractive                      to offer this amendment because it
                                            the rule, the previous question is or-                     men.                                                    simply isn’t necessary.
                                            dered.                                                       My amendment is simple. It would                        TSA conducts rigorous background
                                              Is a separate vote demanded on any                       enhance aviation security and protect                   checks and will continue to do so.
                                            further amendment reported from the                        the flying public by preventing the                       Now, let me say this: I was assigned
                                            Committee of the Whole? If not, the                        TSA from hiring any candidate with a                    to the Orlando International Airport as
                                            Chair will put them en gros.                               history of sexual misconduct, offenses                  a police captain during 9/11, and I did
                                              The amendments were agreed to.                           involving minors, or terrorism.                         not come today to play political




dlhill on DSKBBY8HB2PROD with HOUSE
                                              The SPEAKER pro tempore. The                               This amendment is identical to an                     games, and neither did the 242 cospon-
                                            question is on the engrossment and                         amendment offered by my Democratic                      sors of this bill.
                                            third reading of the bill.                                 colleague, Ms. UNDERWOOD, which was                       Mr. Speaker, let me make this clear.
                                              The bill was ordered to be engrossed                     not offered here today. The Underwood                   A vote for this motion to recommit is
                                            and read a third time, and was read the                    amendment was made in order by the                      a vote against the Transportation Se-
                                            third time.                                                Rules Committee. The rule was sup-                      curity officers. They are the frontline



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                                            H1518                                             CONGRESSIONAL RECORD — HOUSE                                                                 March 5, 2020
                                            workers who worked through a govern-                    Joyce (PA)         Moulton               Smucker         Velázquez         Wasserman        Welch
                                                                                                    Katko              Mucarsel-Powell       Spanberger      Visclosky           Schultz         Wexton
                                            ment shutdown, without being paid, to                   Keller             Murphy (FL)           Spano                              Watson Coleman   Yarmuth
                                            keep America safe. They are still show-                 Kelly (MS)         Murphy (NC)           Stauber
                                            ing up today, each of them interacting                  Kelly (PA)         Norman                Stefanik                          NOT VOTING—27
                                            with thousands of passengers even as                    Kim                Nunes                 Steil           Cheney             Lawrence         Roy
                                                                                                    King (IA)          Olson                 Steube          DelBene            Lewis            Schrier
                                            we face a public health crisis.                         King (NY)          Palazzo               Stewart         Green (TN)         Marchant         Scott, David
                                              Today, you have a choice: move this                   Kinzinger          Palmer                Stivers         Grijalva           Mullin           Sires
                                            bill forward and provide TSOs the basic                 Kuster (NH)        Pence                 Taylor          Herrera Beutler    Newhouse         Smith (WA)
                                                                                                    Kustoff (TN)       Perry                 Thompson (PA)   Jayapal            Ratcliffe        Timmons
                                            rights and benefits they deserve, or                    LaHood             Peters                Thornberry      Johnson (TX)       Rodgers (WA)     Veasey
                                            deny them those rights. It is just that                 LaMalfa            Peterson              Tipton          Kilmer             Rooney (FL)      Waters
                                            simple.                                                 Lamb               Phillips              Torres Small    Larsen (WA)        Rose, John W.    Wilson (FL)
                                              Mr. Speaker, today, we have a bipar-                  Lamborn            Porter                  (NM)
                                            tisan solution that will allow us to en-
                                                                                                    Latta              Posey                 Turner                              b 1119
                                                                                                    Lee (NV)           Reed                  Underwood
                                            sure that the workforce gets the same                   Lesko              Reschenthaler         Upton              Mr. COHEN changed his vote from
                                            compensation, benefits, and protec-                     Lipinski           Rice (SC)             Van Drew        ‘‘yea’’ to ‘‘nay.’’
                                                                                                    Long               Riggleman             Wagner
                                            tions as are available to most other                    Loudermilk         Roby                  Walberg            Mr. DEUTCH and Ms. FRANKEL
                                            Federal employees. It is about time                     Lucas              Roe, David P.         Walden          changed their vote from ‘‘nay’’ to
                                            that the TSA Federal workforce be                       Luetkemeyer        Rogers (AL)           Walker          ‘‘yea.’’
                                            treated like Federal employees.                         Luria              Rogers (KY)           Walorski
                                                                                                    Marshall           Rose (NY)             Waltz
                                                                                                                                                                So the motion to recommit was
                                              This is the time not to just say, ‘‘We                Massie             Rouda                 Watkins         agreed to.
                                            appreciate you,’’ but to show them how                  Mast               Rouzer                Weber (TX)         The result of the vote was announced
                                            much we appreciate them.                                McAdams            Rutherford            Webster (FL)    as above recorded.
                                                                                                    McBath             Scalise               Wenstrup
                                              Mr. Speaker, I urge my colleagues to                  McCarthy           Schrader              Westerman          Mr. THOMPSON of Mississippi. Mr.
                                            vote against this motion and in sup-                    McCaul             Schweikert            Wild            Speaker, pursuant to the instructions
                                            port of the bill on final passage.                      McClintock         Scott, Austin         Williams        of the House in the motion to recom-
                                              Mr. Speaker, I yield back the balance                 McHenry            Sensenbrenner         Wilson (SC)
                                                                                                    McKinley           Sherrill              Wittman
                                                                                                                                                             mit, I report the bill, H.R. 1140, back to
                                            of my time.                                             Meadows            Shimkus               Womack          the House with an amendment.
                                              The SPEAKER pro tempore. Without                      Meuser             Simpson               Woodall            The SPEAKER pro tempore. The
                                            objection, the previous question is or-                 Miller             Slotkin               Wright          Clerk will report the amendment.
                                                                                                    Mitchell           Smith (MO)            Yoho
                                            dered on the motion to recommit.                        Moolenaar          Smith (NE)            Young              The Clerk read as follows:
                                              There was no objection.                               Mooney (WV)        Smith (NJ)            Zeldin             Amendment offered by Mr. THOMPSON
                                              The SPEAKER pro tempore. The                                                                                   of Mississippi.
                                            question is on the motion to recommit.                                       NAYS—175                              Add at the end of section 4 the following:
                                              The question was taken; and the                       Adams              Evans                 Moore             (c) RULE OF CONSTRUCTION.—During the
                                            Speaker pro tempore announced that                      Aguilar            Fletcher              Morelle         transition period and after the conversion
                                                                                                    Allred             Foster                Nadler
                                            the noes appeared to have it.                                                                                    date, the Secretary shall ensure that the
                                                                                                    Amash              Fudge                 Napolitano
                                              Mrs. LESKO. Mr. Speaker, on that I                    Barragán          Gabbard               Neal
                                                                                                                                                             Transportation     Security  Administration
                                            demand the yeas and nays.                               Bass               Gallego               Neguse          continues to prevent the hiring of individ-
                                                                                                    Beatty             Garamendi             Norcross        uals who have been convicted of a sex crime,
                                              The yeas and nays were ordered.
                                                                                                    Bera               Garcı́a (IL)          O’Halleran      an offense involving a minor, a crime of vio-
                                              The SPEAKER pro tempore. Pursu-                       Beyer              Garcia (TX)           Ocasio-Cortez   lence, or terrorism.
                                            ant to clause 9 of rule XX, this 5-                     Bishop (GA)        Gomez                 Omar
                                                                                                    Blumenauer         Gonzalez (TX)         Pallone           The SPEAKER pro tempore. The
                                            minute vote on the motion to recom-
                                                                                                    Blunt Rochester    Green, Al (TX)        Panetta         question is on the amendment.
                                            mit will be followed by a 5-minute vote                 Bonamici           Haaland               Pappas            The amendment was agreed to.
                                            on passage of the bill, if ordered.                     Boyle, Brendan     Hastings              Pascrell
                                                                                                                                                               The SPEAKER pro tempore. The
                                              The vote was taken by electronic de-                    F.               Hayes                 Payne
                                                                                                    Brown (MD)         Heck                  Perlmutter      question is on the engrossment and
                                            vice, and there were—yeas 227, nays
                                                                                                    Brownley (CA)      Higgins (NY)          Pingree         third reading of the bill.
                                            175, not voting 27, as follows:                         Butterfield        Himes                 Pocan             The bill was ordered to be engrossed
                                                               [Roll No. 89]                        Carbajal           Horsford              Pressley
                                                                                                    Cárdenas          Hoyer                 Price (NC)      and read a third time, and was read the
                                                                YEAS—227                            Carson (IN)        Huffman               Quigley         third time.
                                            Abraham           Cline              Gianforte          Cartwright         Jackson Lee           Raskin            The SPEAKER pro tempore. The
                                            Aderholt          Cloud              Gibbs              Case               Jeffries              Rice (NY)
                                            Allen             Cole               Gohmert            Casten (IL)        Johnson (GA)          Richmond
                                                                                                                                                             question is on the passage of the bill.
                                            Amodei            Collins (GA)       Golden             Castor (FL)        Kaptur                Roybal-Allard     The question was taken; and the
                                            Armstrong         Comer              Gonzalez (OH)      Castro (TX)        Keating               Ruiz            Speaker pro tempore announced that
                                            Arrington         Conaway            Gooden             Chu, Judy          Kelly (IL)            Ruppersberger   the ayes appeared to have it.
                                            Axne              Cook               Gosar              Cicilline          Kennedy               Rush
                                            Babin             Cox (CA)           Gottheimer         Clark (MA)         Khanna                Ryan              Mr. ROGERS of Alabama. Mr. Speak-
                                            Bacon             Craig              Granger            Clarke (NY)        Kildee                Sánchez        er, on that I demand the yeas and nays.
                                            Baird             Crawford           Graves (GA)        Clay               Kind                  Sarbanes          The yeas and nays were ordered.
                                            Balderson         Crenshaw           Graves (LA)        Cleaver            Kirkpatrick           Scanlon
                                            Banks             Crist              Graves (MO)        Clyburn            Krishnamoorthi        Schakowsky
                                                                                                                                                               The SPEAKER pro tempore. This is a
                                            Barr              Crow               Griffith           Cohen              Langevin              Schiff          5-minute vote.
                                            Bergman           Cunningham         Grothman           Connolly           Larson (CT)           Schneider         The vote was taken by electronic de-
                                            Biggs             Curtis             Guest              Cooper             Lawson (FL)           Scott (VA)      vice, and there were—yeas 230, nays
                                            Bilirakis         Davidson (OH)      Guthrie            Correa             Lee (CA)              Serrano
                                            Bishop (NC)       Davis, Rodney      Hagedorn           Costa              Levin (CA)            Sewell (AL)     171, not voting 28, as follows:
                                            Bishop (UT)       Delgado            Harder (CA)        Courtney           Levin (MI)            Shalala                             [Roll No. 90]
                                            Bost              DesJarlais         Harris             Cuellar            Lieu, Ted             Sherman
                                            Brady             Deutch             Hartzler           Davids (KS)        Loebsack              Soto
                                                                                                                                                                                  YEAS—230
                                            Brindisi          Diaz-Balart        Hern, Kevin        Davis (CA)         Lofgren               Speier          Adams              Brindisi         Clark (MA)
                                            Brooks (AL)       Duncan             Hice (GA)          Davis, Danny K.    Lowenthal             Stanton         Aguilar            Brown (MD)       Clarke (NY)
                                            Brooks (IN)       Dunn               Higgins (LA)       Dean               Lowey                 Stevens         Allred             Brownley (CA)    Clay
                                            Buchanan          Emmer              Hill (AR)          DeFazio            Luján                Suozzi          Axne               Bustos           Cleaver
                                            Buck              Estes              Holding            DeGette            Lynch                 Swalwell (CA)   Bacon              Butterfield      Clyburn
                                            Bucshon           Ferguson           Hollingsworth      DeLauro            Malinowski            Takano          Barragán          Carbajal         Cohen
                                            Budd              Finkenauer         Horn, Kendra S.    Demings            Maloney,              Thompson (CA)   Bass               Cárdenas        Connolly
                                            Burchett          Fitzpatrick        Houlahan           DeSaulnier           Carolyn B.          Thompson (MS)   Beatty             Carson (IN)      Cooper




dlhill on DSKBBY8HB2PROD with HOUSE
                                            Burgess           Fleischmann        Hudson             Dingell            Maloney, Sean         Titus           Bera               Cartwright       Correa
                                            Bustos            Flores             Huizenga           Doggett            Matsui                Tlaib           Beyer              Case             Costa
                                            Byrne             Fortenberry        Hurd (TX)          Doyle, Michael     McCollum              Tonko           Bishop (GA)        Casten (IL)      Courtney
                                            Calvert           Foxx (NC)          Johnson (LA)         F.               McEachin              Torres (CA)     Blumenauer         Castor (FL)      Cox (CA)
                                            Carter (GA)       Frankel            Johnson (OH)       Engel              McGovern              Trahan          Blunt Rochester    Castro (TX)      Craig
                                            Carter (TX)       Fulcher            Johnson (SD)       Escobar            McNerney              Trone           Bonamici           Chu, Judy        Crist
                                            Chabot            Gaetz              Jordan             Eshoo              Meeks                 Vargas          Boyle, Brendan     Cicilline        Crow
                                            Cisneros          Gallagher          Joyce (OH)         Espaillat          Meng                  Vela              F.               Cisneros         Cuellar




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                                            March 5, 2020                                       CONGRESSIONAL RECORD — HOUSE                                                                            H1519
                                            Cunningham          King (NY)          Quigley            Luetkemeyer        Riggleman             Thompson (PA)    cause the bill strengthens workplace rights for
                                            Davids (KS)         Kirkpatrick        Raskin             Marshall           Roby                  Thornberry
                                            Davis (CA)          Krishnamoorthi     Reed               Massie             Roe, David P.         Tipton
                                                                                                                                                                Transportation Security Officers, improving job
                                            Davis, Danny K.     Kuster (NH)        Rice (NY)          McCarthy           Rogers (AL)           Turner           conditions, and enhancing the security of the
                                            Davis, Rodney       Lamb               Richmond           McCaul             Rogers (KY)           Upton            traveling public.
                                            Dean                Langevin           Rose (NY)          McClintock         Rouzer                Wagner                       PERSONAL EXPLANATION
                                            DeFazio             Larson (CT)        Rouda              McHenry            Rutherford            Walberg
                                            DeGette             Lawson (FL)                           Meadows            Scalise               Walden              Ms. JOHNSON of Texas. Mr. Speaker, from
                                                                                   Roybal-Allard
                                            DeLauro             Lee (CA)           Ruiz               Meuser             Schweikert            Walker           Monday, March 2, to Thursday, March 5, I
                                            Delgado             Lee (NV)           Ruppersberger      Miller             Scott, Austin         Walorski         was not able to make the recorded votes
                                            Demings             Levin (CA)                            Mitchell           Sensenbrenner         Waltz
                                            DeSaulnier          Levin (MI)
                                                                                   Rush
                                                                                                      Moolenaar          Shimkus               Watkins
                                                                                                                                                                below. Had I been present, I would have
                                                                                   Ryan                                                                         voted: ‘‘yea’’ on rollcall No. 90, ‘‘yea’’ on roll-
                                            Deutch              Lieu, Ted                             Mooney (WV)        Simpson               Weber (TX)
                                                                                   Sánchez
                                            Dingell             Lipinski
                                                                                   Sarbanes
                                                                                                      Murphy (NC)        Smith (MO)            Webster (FL)     call No. 89, ‘‘yea’’ on rollcall No. 88, ‘‘yea’’ on
                                            Doggett             Loebsack                              Norman             Smith (NE)            Wenstrup         rollcall No. 87, ‘‘yea’’ on rollcall No. 86, ‘‘yea’’
                                                                                   Scanlon            Nunes              Smucker               Westerman
                                            Doyle, Michael      Lofgren
                                              F.                Lowenthal          Schakowsky         Olson              Spano                 Williams         on rollcall No. 85, ‘‘yea’’ on rollcall No. 84,
                                            Engel               Lowey              Schiff             Palazzo            Stefanik              Wilson (SC)      ‘‘yea’’ on rollcall No. 83, ‘‘yea’’ on rollcall No.
                                                                                   Schneider          Palmer             Steil                 Wittman
                                            Escobar             Luján
                                                                                   Schrader
                                                                                                                                                                82, ‘‘yea’’ on rollcall No. 81, ‘‘yea’’ on rollcall
                                            Eshoo               Luria                                 Pence              Steube                Womack
                                            Espaillat           Lynch              Scott (VA)         Posey              Stewart               Woodall
                                                                                                                                                                No. 80, and ‘‘yea’’ on rollcall No. 79.
                                            Evans               Malinowski         Serrano            Reschenthaler      Stivers               Wright                             f
                                            Finkenauer          Maloney,           Sewell (AL)        Rice (SC)          Taylor                Yoho
                                            Fitzpatrick           Carolyn B.       Shalala                                                                            PERSONAL EXPLANATION
                                            Fletcher            Maloney, Sean      Sherman                              NOT VOTING—28
                                                                                                                                                                   Ms. JACKSON LEE. Mr. Speaker, I
                                            Foster              Mast               Sherrill           Cheney             Lewis                 Schrier
                                            Frankel             Matsui             Slotkin            DelBene            Marchant              Scott, David
                                                                                                                                                                rise to indicate I was unavoidably de-
                                            Fudge               McAdams            Smith (NJ)         Green (TN)         Mullin                Sires            tained in a committee hearing and un-
                                            Gabbard             McBath             Soto               Grijalva           Newhouse              Smith (WA)       able to register my vote for the
                                            Gallego             McCollum           Spanberger         Herrera Beutler    Perry
                                            Garamendi           McEachin
                                                                                                                                               Timmons          Cisneros amendment protecting vet-
                                                                                   Speier             Jayapal            Ratcliffe             Veasey
                                            Garcı́a (IL)        McGovern           Stanton            Johnson (TX)       Rodgers (WA)                           erans and having a focus of hiring vet-
                                                                                                                                               Waters
                                            Garcia (TX)         McKinley           Stauber            Kilmer             Rooney (FL)           Wilson (FL)      erans under the legislation H.R. 1140,
                                            Golden              McNerney           Stevens            Larsen (WA)        Rose, John W.                          Rights for Transportation Security Of-
                                            Gomez               Meeks              Suozzi             Lawrence           Roy
                                            Gonzalez (OH)       Meng                                                                                            ficers Act of 2020, I ask that my vote of
                                                                                   Swalwell (CA)
                                            Gonzalez (TX)       Moore              Takano
                                                                                                                       b 1131                                   ‘‘aye’’ be placed in the RECORD at the
                                            Gottheimer          Morelle            Thompson (CA)        So the bill was passed.                                 appropriate place.
                                            Green, Al (TX)      Moulton
                                            Haaland             Mucarsel-Powell
                                                                                   Thompson (MS)        The result of the vote was announced                                      f
                                                                                   Titus
                                            Harder (CA)         Murphy (FL)
                                                                                   Tlaib              as above recorded.                                         MESSAGE FROM THE PRESIDENT
                                            Hastings            Nadler                                  A motion to reconsider was laid on
                                                                                   Tonko
                                            Hayes               Napolitano                                                                                        A message in writing from the Presi-
                                            Heck                Neal
                                                                                   Torres (CA)        the table.
                                                                                   Torres Small                                                                 dent of the United States was commu-
                                            Higgins (NY)        Neguse                                             PERSONAL EXPLANATION
                                            Himes               Norcross
                                                                                     (NM)                                                                       nicated to the House by Miss Kaitlyn
                                            Horn, Kendra S.     O’Halleran         Trahan                Mrs. LAWRENCE. Mr. Speaker, unfortu-                   Roberts, one of his secretaries.
                                            Horsford            Ocasio-Cortez      Trone              nately, on March 5, 2020, I was not able to
                                                                                   Underwood                                                                                      f
                                            Houlahan            Omar                                  cast my votes during the vote series due to a
                                                                                   Van Drew
                                            Hoyer               Pallone
                                                                                   Vargas             family emergency. Had I been in attendance,               ADJOURNMENT FROM THURSDAY,
                                            Huffman             Panetta
                                            Jackson Lee         Pappas             Vela               I would have voted:                                         MARCH 5, 2020, TO MONDAY,
                                            Jeffries            Pascrell           Velázquez            1. YES on Amendment No. 7, CISNEROS (D–                  MARCH 9, 2020
                                            Johnson (GA)        Payne              Visclosky          CA)—Requires the Secretary of Homeland Se-
                                                                                   Wasserman
                                                                                                                                                                  Mr. HOYER. Mr. Speaker, I ask
                                            Joyce (OH)          Perlmutter
                                            Kaptur              Peters               Schultz          curity to prioritize the hiring of veterans and           unanimous consent that when the
                                            Keating             Peterson           Watson Coleman     related preference eligible individuals, includ-          House adjourns today, it adjourn to
                                            Kelly (IL)          Phillips           Welch              ing disabled veterans and widows or widowers              meet on Monday next, when it shall
                                            Kennedy             Pingree            Wexton
                                                                                                      of veterans, for positions within the Transpor-           convene at noon for morning-hour de-
                                            Khanna              Pocan              Wild
                                            Kildee              Porter             Yarmuth            tation Security Administration;                           bate and 2 p.m. for legislative business.
                                            Kim                 Pressley           Young                 2. YES on Amendment No. 9, MUCARSEL-                     The SPEAKER pro tempore (Mr.
                                            Kind                Price (NC)         Zeldin             POWELL (D–FL) [on behalf of SCHRIER (D–                   MALINOWSKI). Is there objection to the
                                                                                                      WA)]—Would ensure the Administrator of TSA                request of the gentleman from Mary-
                                                                  NAYS—171
                                                                                                      in coordination with the Director of CDC and              land?
                                            Abraham             Cole               Guest              NIAID shall ensure that TSA employees are                   There was no objection.
                                            Aderholt            Collins (GA)       Guthrie
                                            Allen               Comer              Hagedorn           provided the proper guidance regarding pre-                                 f
                                            Amash               Conaway            Harris             vention and protections against coronavirus,
                                            Amodei              Cook               Hartzler
                                                                                                                                                                       LEGISLATIVE PROGRAM
                                                                                                      including guidance and resources;
                                            Armstrong           Crawford           Hern, Kevin
                                                                                                         3. NO on Republican Motion to Recommit;                  (Mr. SCALISE asked and was given
                                            Arrington           Crenshaw           Hice (GA)
                                            Babin               Curtis             Higgins (LA)       and                                                       permission to address the House for 1
                                            Baird               Davidson (OH)      Hill (AR)             4. YES on Final Passage of H.R. 1140—                  minute and to revise and extend his re-
                                            Balderson           DesJarlais         Holding            Rights for Transportation Security Officers Act           marks.)
                                            Banks               Diaz-Balart        Hollingsworth
                                                                                                      of 2020.                                                    Mr. SCALISE. Mr. Speaker, I yield to
                                            Barr                Duncan             Hudson
                                            Bergman             Dunn               Huizenga                        PERSONAL EXPLANATION
                                                                                                                                                                my friend, the gentleman from Mary-
                                            Biggs               Emmer              Hurd (TX)                                                                    land (Mr. HOYER), who is the majority
                                                                                                         Mr. VEASEY. Mr. Speaker, I was unable to
                                            Bilirakis           Estes              Johnson (LA)                                                                 leader of the House, for the purpose of
                                            Bishop (NC)         Ferguson           Johnson (OH)       vote due to extenuating circumstances. Had I
                                                                                                                                                                inquiring about the schedule for next
                                            Bishop (UT)         Fleischmann        Johnson (SD)       been present, I would have voted ‘‘yea’’ on
                                            Bost                Flores             Jordan                                                                       week.
                                                                                                      rollcall No. 87, ‘‘yea’’ on rollcall No. 88, ‘‘nay’’        Mr. HOYER. Mr. Speaker, on Mon-
                                            Brady               Fortenberry        Joyce (PA)
                                            Brooks (AL)         Foxx (NC)          Katko              on rollcall No. 89, and ‘‘yea’’ on rollcall No. 90.       day, the House will meet at 12 p.m. for
                                            Brooks (IN)         Fulcher            Keller                          PERSONAL EXPLANATION                         morning-hour debate and 2 p.m. for leg-
                                            Buchanan            Gaetz              Kelly (MS)            Mr. LARSEN of Washington. Mr. Speaker, I
                                            Buck                Gallagher          Kelly (PA)                                                                   islative business with votes postponed
                                            Bucshon             Gianforte          King (IA)          was not present at votes on Thursday, March               until 6:30 p.m.
                                            Budd                Gibbs              Kinzinger          5, as I was travelling back to Washington state             On Tuesday and Wednesday, the
                                            Burchett            Gohmert            Kustoff (TN)       to meet with coronavirus response leaders.                House will meet at 10 a.m. for morning-




dlhill on DSKBBY8HB2PROD with HOUSE
                                            Burgess             Gooden             LaHood
                                            Byrne               Gosar              LaMalfa
                                                                                                      Had I been present, I would have voted ‘‘yea’’            hour debate and 12 p.m. for legislative
                                            Calvert             Granger            Lamborn            on Roll Call No. 87 (Cisneros Amendment),                 business.
                                            Carter (GA)         Graves (GA)        Latta              ‘‘yea’’ on Roll Call No. 88 (Mucarsel-Powell/               On Thursday, Mr. Speaker, the House
                                            Carter (TX)         Graves (LA)        Lesko              Schrier Amendment), ‘‘nay’’ on Roll Call No.              will meet at 9 a.m. for legislative busi-
                                            Chabot              Graves (MO)        Long
                                            Cline               Griffith           Loudermilk         89 (Motion to Recommit), and ‘‘yea’’ on Roll              ness, with last votes of the week ex-
                                            Cloud               Grothman           Lucas              Call No. 90 (Final passage of H.R. 1140) be-              pected no later than 3 p.m.



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                                            H1520                                             CONGRESSIONAL RECORD — HOUSE                                                       March 5, 2020
                                              We will consider several bills under                    In fact, Chad is one of the countries                Constitution of the United States in ei-
                                            suspension of the rules. The complete                   that was originally listed. Chad worked                ther making a religious test for admis-
                                            list of suspension bills will be an-                    with us—as every country should—and                    sion to the United States of America,
                                            nounced by the close of business to-                    said: We are going to comply. We want                  which, very frankly, a number of state-
                                            morrow.                                                 to make sure that we are properly                      ments of the President would indicate
                                              The House will consider H.R. 2214, the                sharing information so that people who                 that, in the past, that was what he in-
                                            NO BAN Act. This bill would repeal the                  are coming to the United States from                   tended to do and, in fact, was manifest
                                            President’s Muslim travel ban and pre-                  Chad now are properly vetted for ter-                  in the very broad reach, unrelated to
                                            vent the administration from putting                    rorism and other criminal activities.                  whether somebody was a terrorist but
                                            in place other discriminatory travel                      They got removed from the list.                      related to what their religion was or
                                            bans.                                                     The other countries, by the way,                     some other distinction unrelated.
                                              In addition, the House will consider                  have been invited to do that. They                       Now, obviously, both the health and
                                            H.R. 5581, Access to Counsel Act. This                  have chosen not to. Why they have                      safety of the American people would
                                            legislation would make certain that                     chosen not to is a good question they                  not preclude the President from acting
                                            those held or detained while attempt-                   should be asked. We should not criti-                  to protect that. I think we would all
                                            ing to enter the United States are                      cize the President for using his execu-                agree on that. But, clearly, we believe
                                            guaranteed access to legal counsel.                     tive authority to keep this country                    the President has, in fact, gone far be-
                                            That legal counsel, Mr. Speaker, would                  safe and to keep terrorists from coming                yond specific ways and means to pro-
                                            not be paid for by the government.                      into this country and ensuring that                    tect the American people and simply
                                              The current FISA authorization ex-                    those nations that send people to the                  preclude people, as I said, of a par-
                                            pires March 15, requiring action in this                United States—as we send them to                       ticular religion, a particular nation-
                                            House. Conversations are ongoing, and                   their countries—are in compliance                      ality, or some other broad base unre-
                                            I hope to bring legislation to the floor                with the requirements of the Depart-                   lated to the specific items to which you
                                            next week.
                                                                                                    ment of Homeland Security.                             referred, with which I think most of us
                                              Lastly, following Senate passage of
                                                                                                      So why would a bill like that be                     agree.
                                            Senator KAINE’s bipartisan War Powers
                                                                                                    brought up, especially at this time                      Of course, we will debate that next
                                            resolution, it is possible that the House
                                                                                                    when now with this coronavirus there                   week.
                                            could also consider the resolution as
                                                                                                    are a number of countries that we have                   Mr. SCALISE. Mr. Speaker, clearly,
                                            early as next week.
                                              Mr. SCALISE. Mr. Speaker, I thank                     seen, starting with China, that have a                 we will debate that because the Su-
                                            the gentleman for yielding.                             serious outbreak that we are trying to                 preme Court has already addressed the
                                              In relation to the NO BAN Act, I un-                  prevent from coming into our country?                  constitutionality upholding it, but it
                                            derstand there was a disagreement over                    Under this bill that would be coming                 has no genesis in religious tests. It has
                                            whether or not the gentleman sup-                       forward, not only does it limit the                    a genesis in the security of this coun-
                                            ported the President’s ability to re-                   President’s ability to protect us from                 try.
                                            strict travel from certain countries                    having countries be able to send terror-                 Again, if you go look at the nations
                                            based, not on whether they were a Mus-                  ists into our Nation, now it would limit               that are listed in the ban, Chad went
                                            lim country, but based on whether or                    the President’s ability to respond to a                and did the things that the Department
                                            not they were a country that was not                    health crisis like the coronavirus                     of Homeland Security said you needed
                                            in compliance with our Department of                    where there are some countries that                    to do to be in compliance, and they got
                                            Homeland Security requirements and                      are listed, like China and Iran, that                  removed from the list.
                                            criteria to ensure that they are prop-                  have to be screened or can’t send peo-                   Every other country on that list has
                                            erly vetting people who come to our                     ple from those countries if they have                  also been invited to go and just do
                                            country for national security purposes                  been in those countries in the last 14                 basic sharing of information to ensure
                                            and, specifically, to ensure that people                days, it would tie the President’s hands               that the people coming from those
                                            who are known terrorists and people                     from even responding to that crisis.                   countries are not terrorists, are not
                                            who have other known criminal back-                       We have seen just today the Gov-                     criminals, are not going to provide a
                                            grounds are not able to come into our                   ernor of California—probably not                       security threat to our Nation.
                                            country.                                                somebody      who    is   philosophically                It is a clear test. Every other country
                                              Most countries around the world, in-                  aligned with the President too often—                  in the world already does it.
                                            cluding a number of Muslim countries,                   just sent a cruise ship back into the                    Why does Libya choose not to com-
                                            are in compliance and, in fact, have a                  Pacific Ocean and said the cruise ship                 ply? I don’t know, but they haven’t.
                                            very good cooperative travel agree-                     can’t come into San Francisco. And                       Why does North Korea choose not to
                                            ment between the United States and                      that is the Governor’s power and au-                   comply? I don’t know, but they
                                            those countries, but there were a lim-                  thority to provide for the health and                  haven’t.
                                            ited number of countries back in 2017                   safety of his State.                                     Like Chad, go and address these defi-
                                            that the President ultimately deter-                      Why would we want to tie the hands                   ciencies, and then you can be removed
                                            mined, working through the Depart-                      of the President of the United States                  from the list. Chad has already done
                                            ment of Homeland Security, were not                     when he wants to ensure the health and                 that. Every other country can.
                                            in compliance.                                          safety of the people of this country?                    We will debate it, but it does put ad-
                                              He listed those countries. He added a                   Mr. Speaker, I yield to the gentleman                ditional red tape in front of the Presi-
                                            few more to it later. I know a number                   from Maryland.                                         dent that would preclude him in the
                                            of people on the majority side were in                    Mr. HOYER. Mr. Speaker, I thank                      health arena from responding to the
                                            disagreement with that. Some took                       the gentleman for yielding.                            nations that have a threat of the
                                            that to court. It ultimately went all                     I will give a relatively short answer.               coronavirus, like the President was
                                            the way to the U.S. Supreme Court.                      First of all, there is nobody in this                  quickly able to do with China, quickly
                                            The Supreme Court upheld this travel                    House on either side of the aisle—cer-                 able to do with Iran. He would not be
                                            ban.                                                    tainly none of the proponents of this                  able to quickly respond in the future
                                              But I would want to point out to the                  legislation—who want to in any way                     under the bill that is proposed.
                                            gentleman that the Department of                        limit the President’s ability to protect                 Clearly, we will heavily debate that
                                            Homeland Security has been very clear                   America, whether it is from terrorists,                next week.
                                            to these countries that if they comply                  whether it is from the coronavirus or                    Mr. HOYER. Mr. Speaker, I want to
                                            with the basic reporting require-                       some other threat that manifestly pre-                 assure the gentleman that it is our




dlhill on DSKBBY8HB2PROD with HOUSE
                                            ments—again, that every other coun-                     sents itself to the safety and well-being              view that nothing in this legislation
                                            try in the world that has that same                     of the American people.                                will preclude the President of the
                                            travel agreement with the United                                                                               United States from acting, either on
                                            States has—if they were to come into                                     b 1145                                the basis of national security or the se-
                                            compliance, then they would be re-                        What the bill attempts to do is sim-                 curity of our people, either from
                                            moved from the list.                                    ply to preclude violating, in effect, the              threats of terrorism or from health, or



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                                            March 5, 2020                                     CONGRESSIONAL RECORD — HOUSE                                                                 H1521
                                            for some other identifiable threat to                   broad bipartisan support. I am hopeful                 in fact, ought to go to jail for what
                                            the American people.                                    that we can do that.                                   they did because what they did not
                                              This simply says that he cannot act                     This bill, as the gentleman knows,                   only undermined our electoral process,
                                            based upon the generalization that                      the authorization for section 215 ex-                  but it jeopardizes a law that has bipar-
                                            somebody is a Muslim, somebody is                       pires on March 15. The Attorney Gen-                   tisan support but has bipartisan oppo-
                                            from this country, somebody is from a                   eral, as the gentleman knows, rec-                     sition as well.
                                            different nationality or different reli-                ommended that we pass a clean reau-                      If somebody abused their power to
                                            gion, or some other arbitrary distinc-                  thorization.                                           taint that process, the FISA court, it
                                            tion. He has to focus on specific rea-                    Obviously, both sides felt that there                undermines the integrity of the FISA
                                            sons.                                                   were some things they wanted to deal                   court. We all need to work together to
                                              In China’s case, for instance, we                     with, and we are doing that now. Hope-                 ensure that anyone who abuses their
                                            know that China has a very large out-                   fully, we can get this done.                           power is held fully accountable, not
                                            break of coronavirus and that it poses                    Mr. Speaker, I will assure the gen-                  only to hold them accountable, but to
                                            a proximate threat to the health not                    tleman that, once we have agreement,                   ensure it doesn’t happen again. No Re-
                                            only of the American people but of peo-                 I will bring that bill to the floor.                   publican, no Democrat candidate for
                                            ple around the world and that we need                     Mr. SCALISE. Mr. Speaker, I appre-                   President ought to be concerned that
                                            to take steps to ensure that that is                    ciate that the gentleman talked about                  people in intelligence agencies are
                                            contained.                                              a response. I haven’t seen that response               abusing their power to try to under-
                                              So, we will debate that next week,                    yet, but I look forward to working with                mine an election.
                                            but we certainly don’t accept the                       our folks who are heavily involved in                    If it happened, as we know it did—
                                            premise that the gentleman has just                     these negotiations to see if we can                    and the Horowitz report is very spe-
                                            stated, that somehow we will limit the                  reach agreement because, in the past,                  cific. Hopefully, the Durham investiga-
                                            President from protecting the Amer-                     the program has had many supporters,                   tion names names. Hopefully, those
                                            ican people for legitimate and nec-                     Republican and Democrat, but clearly                   people are held accountable and go to
                                            essary reasons.                                         some detractors on both sides as well.                 jail so that nobody else does it again.
                                              Mr. SCALISE. Mr. Speaker, clearly,                      It is a very critical tool in our na-                  But as we know, there is the possi-
                                            we do have disagreements on that.                       tional security. The FISA courts have                  bility for that to happen under current
                                            Hopefully, we can work through those                    been used to stop terrorist activity, to               law. That is why it is so important
                                            in the debate next week.                                prevent other terrorist attacks, but                   that we get this agreement to make
                                              There is another bill that is going to                there is clearly other weighing that                   necessary critical reforms, to put
                                            be, hopefully, coming up that we can                    goes back and forth on civil liberties                 guardrails in place; to keep the process
                                            get agreement on, and that deals with                   and ensuring that the rights of Ameri-                 available to our national security ex-
                                            the renewal of components of the FISA                   cans are protected.                                    perts so that they can continue to stop
                                            law.                                                      It is a balance that was tested, frank-              future terrorist attacks; but to also en-
                                              I know the Committee on the Judici-                   ly, in 2016, when we saw clear abuses of               sure that if somebody abuses the proc-
                                            ary earlier this week had a markup                      the FISA court. The first time we had                  ess, it makes it harder for them to do
                                            that they ultimately pulled back on.                    seen those kinds of identified abuses,                 it; but if they still cross the line, that
                                            There are negotiations ongoing be-                      they were limited, but they were bla-                  there are strong criminal penalties in
                                            tween Republicans and Democrats to                      tant. It is a dangerous affront to our                 place for those who would violate that
                                            try to come to an agreement on not                      Nation’s national security if you have                 law.
                                            only how to renew the FISA law, but                     people at intelligence agencies who                      I know we have laid those out. I am
                                            also how to make the reforms that are                   abuse their power.                                     glad to know you have come back with
                                            critical and necessary to the FISA law,                   In fact, the Horowitz report was very                a response. Hopefully, we can get that
                                            to address the abuses that we know                      specific in outlining 17 different exact               agreement in the next few days before
                                            happen.                                                 abuses of the FISA court. Some of this                 this law expires. Clearly, there is
                                              I would ask the gentleman first if his                is still being investigated through the                strong support, hopefully, on both
                                            side is in a position of identifying some               Durham investigation, which will,                      sides, for putting real reforms in place
                                            of the areas we can find agreement on,                  hopefully, yield a list of specific peo-               that fix and address the abuses that oc-
                                            on reforms, because I believe Ranking                   ple.                                                   curred in 2016, as identified by the
                                            Member NUNES had submitted a num-                         I will just read from parts of the                   Horowitz report.
                                            ber of specific reforms, and the gentle-                Horowitz report.                                         Mr. Speaker, I yield to the gentleman
                                            man’s side is reviewing those.                            ‘‘As more fully described in Chapter                 for anything else on that.
                                              Has the gentleman had a chance to                     5, based upon the information known                      Mr. HOYER. Mr. Speaker, somewhat
                                            review them? Does he have an alter-                     to the FBI in October 2016, the first ap-              like the recitation of the Mueller re-
                                            native proposal? Because the reforms                    plication contained the following seven                port that has been quoted—the Mueller
                                            are critical to the renewal.                            significant inaccuracies and omis-                     report, of course, found substantial
                                              Mr. Speaker, I yield to the gentleman                 sions.’’                                               reason to believe that there was wrong-
                                            to answer that.                                           He goes on in this report: ‘‘In addi-                doing. It was projected by the Attorney
                                              Mr. HOYER. Mr. Speaker, I am                          tion to repeating the seven significant                General and others that the Mueller re-
                                            pleased to be able to tell the gentleman                errors contained in the first FISA ap-                 port was a conclusion that the Presi-
                                            that, this morning or late last night,                  plication and outlined above, we iden-                 dent or others had not done something
                                            we sent a response to your offer, and                   tified 10 additional significant errors                wrong. That was not the fact.
                                            the committees now have that in their                   and three renewal applications, based                    In any event, with respect to the gen-
                                            possession. I see they are shaking their                upon information known to the FBI                      tleman’s comments, with respect to
                                            heads that they may not think that we                   after the first application and before                 what was done by the FBI, it should
                                            did it, but we did. We have already sent                the renewals,’’ where abuses of this                   not have been done, obviously.
                                            a response to your offer, with reference                FISA law occurred.                                       But the gentleman didn’t read this
                                            to the reforms.                                           Now, I think, on both sides, we would                very important sentence from the in-
                                              As the gentleman knows, we have                       agree that if somebody in a position of                spector general’s report regarding the
                                            agreed on a number of items as, frank-                  national security abuses their power                   court’s decision: ‘‘We did not find docu-
                                            ly, the person that dealt with the per-                 deliberately, they need to be held ac-                 mentary or testimonial evidence that
                                            son who had your job previously, ROY                    countable. One of the concerns we have                 political bias or improper motivation




dlhill on DSKBBY8HB2PROD with HOUSE
                                            BLUNT and I, with Senator Bond, also                    is that the law does not allow strong                  influenced his decision,’’ meaning the
                                            from Missouri, as is now-Senator                        enough penalties.                                      court’s decision, the judge’s decision.
                                            BLUNT but then-Minority Whip BLUNT,                       I am hopeful that, when the Durham                     The bill that we are talking about is
                                            and Jay Rockefeller from West Vir-                      report comes out, the people who were                  reauthorizing section 215. None of this
                                            ginia. We worked on the reauthoriza-                    identified as abusing their power in                   deals with section 215. It deals with
                                            tion of FISA in 2008, and we received                   2016 ought to be held accountable and,                 metadata on which the parties have an



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                                            H1522                                             CONGRESSIONAL RECORD — HOUSE                                                        March 5, 2020
                                            agreement. It also deals with business                  the integrity of the law, because it has               States Military Academy in West
                                            records and issues of lone wolves, who                  been exposed now. It has been exposed                  Point, New York. Lindsey is a leader in
                                            are not necessarily associated with a                   that there were problems that oc-                      the classroom and in her community.
                                            terrorist organization but present a                    curred.                                                She is her senior class salutatorian and
                                            danger to the United States.                              The other sections where those prob-                 class president.
                                              There are reforms that we can pursue                  lems occurred are permanent law. This                    Lindsey is also an active member of
                                            to ensure that the FISA court gets all                  is not. This is coming up for renewal,                 her school’s fly-fishing club and her
                                            the information that it needs and, in                   but it is part of the FISA law. And,                   church youth group. Her determination
                                            fact, has a representative who makes                    clearly, as we debate the FISA law, all                and drive will make her an excellent
                                            sure that they get that and who is not                  of this becomes part of that debate,                   addition to the military academy, and
                                            associated with, necessarily, the law                   and, hopefully, all of it can get re-                  I am confident she will rise to the occa-
                                            enforcement officers or intelligence of-                solved within the debate on the compo-                 sion and excel during her education
                                            ficers who are presenting information                   nents that expire March 15.                            and in her service to our country.
                                            to the FISA court.                                        I am confident we can get this done                    I would like to thank Lindsey for her
                                              Unfortunately, and I want to say can-                 because I have seen the bipartisan in-                 commitment and her willingness to
                                            didly, Mr. Speaker, the President’s                     terest. We just need to make sure that                 serve, and I wish her all the best in this
                                            focus on the Page case and distracting                  what we bring to the floor addresses                   exciting new chapter.
                                            from the issues that we are dealing                     the problems that occurred so that it,                                   f
                                            with—Attorney General Barr rec-                         hopefully, never happens again.
                                                                                                      I will be happy to yield if the gen-                     RECOGNIZING BILL BALLEZA
                                            ommended that we reauthorize the
                                            FISA section 215 as is. That is what the                tleman had anything else on that.                        (Ms. GARCIA of Texas asked and was
                                            Attorney General recommended. I                           Mr. HOYER. Mr. Speaker, I don’t                      given permission to address the House
                                            don’t know what his present position is                 have anything further to say.                          for 1 minute and to revise and extend
                                            because he was criticized by the Presi-                   Mr. SCALISE. Mr. Speaker, I look                     her remarks.)
                                            dent in a tweet, so heaven knows what                   forward to seeing the gentleman next                     Ms. GARCIA of Texas. Mr. Speaker,
                                            he did in response to the tweet.                        week, and I yield back the balance of                  today I recognize Bill Balleza, a KPRC
                                              But the fact of the matter is, the                    my time.                                               2 anchor, who, for nearly 50 years, has
                                            issues which the gentleman raises, we                                     f                                    been a reliable source of daily news for
                                            all want appropriate, honest disclosure                      BIPARTISAN CORONAVIRUS                            our community.
                                            from individuals who present to the                                  LEGISLATION                                 Bill has been seen on TV screens
                                            FISA court. That is not an issue, and                                                                          across our city for years, where he re-
                                                                                                      (Mr. PAYNE asked and was given
                                            we ought to pursue reforms that lead                                                                           ported on thousands of stories, did a
                                                                                                    permission to address the House for 1
                                            to that end. But in this case, the focus                                                                       weekly child segment from 1985 to 1995,
                                                                                                    minute and to revise and extend his re-
                                            on an issue unrelated to section 215,                                                                          and earned an Emmy Award for his re-
                                                                                                    marks.)
                                            which we are really talking about, is                     Mr. PAYNE. Mr. Speaker, I rise                       porting.
                                            slowing up this process. And I would                                                                             Not only has he served our commu-
                                                                                                    today to praise my House colleagues
                                            hope that in the coming days, because                                                                          nity as a distinguished journalist and
                                                                                                    for their swift and decisive action to
                                            the 15th is upon us, we come to an                                                                             anchor, but he is also a proud Vietnam
                                                                                                    attack the corona threat yesterday.
                                            agreement.                                                Members of both parties recognized                   veteran. He is a common sight at the
                                              As I said, we sent an offer back, Mr.                 that this disease is a national and pub-               Veteran’s Day celebration and parade
                                            Whip. Hopefully, we will hear back                      lic health crisis, that it will affect all             every year.
                                            from you and, hopefully, reach agree-                   Americans, regardless of political                       We thank Bill for his service. In the
                                            ment in the near term because this is                   party. We came together to approve                     days of fake news and attacks on the
                                            an important thing to pass, to reau-                    $7.8 billion to protect the safety and                 media, he has always been above the
                                            thorize for the security of our people.                 well-being of all Americans. The                       fray and a trusted source. We will miss
                                              The gentleman was talking about se-                   Founding Fathers created this Cham-                    seeing him on the TV screen when we
                                            curity before. We need to make sure                     ber for exactly that reason.                           tune into KPRC 2 for the daily news.
                                            that we act in a bipartisan way to en-                    In the spirit of bipartisan coopera-                   For now, he should enjoy his retire-
                                            sure that the FISA process is working                   tion, I would like to discuss the Afford-              ment. He has earned it. And God bless.
                                            and working properly.                                   able Care Act. Like our coronavirus                                      f
                                                             b 1200                                 bill yesterday, the ACA attacked a                     JOHN WESLEY UNITED METHODIST
                                                                                                    public health crisis. It improved the                    CHURCH CELEBRATES 180TH AN-
                                              Mr. SCALISE. Mr. Speaker, clearly,
                                                                                                    health and security of millions of                       NIVERSARY
                                            the gentleman from Maryland and I
                                                                                                    Americans, especially those with pre-
                                            both agree that this FISA law has a                                                                              (Mr. VAN DREW asked and was given
                                                                                                    existing conditions. It has saved money
                                            strong role to play in our national se-                                                                        permission to address the House for 1
                                                                                                    for American workers, and it has
                                            curity, but there is also acknowledg-                                                                          minute and to revise and extend his re-
                                                                                                    helped millions of American families
                                            ment that there were abuses that hap-                                                                          marks.)
                                                                                                    provide care for their children.
                                            pened. Not only was there the Horowitz                    If these attacks on the ACA are suc-                   Mr. VAN DREW. Mr. Speaker, I
                                            investigation, but now you do have the                  cessful, at least 25 million Americans                 would like to recognize the John Wes-
                                            Durham investigation that will, hope-                   will be uninsured. We do not want                      ley United Methodist Church in Cape
                                            fully, conclude and identify where                      them      to   avoid    screenings     for             May Courthouse in south Jersey on
                                            those abuses took place and that those                  coronavirus or future viruses because                  their 180th anniversary celebration this
                                            people would be held accountable.                       they cannot afford it.                                 year.
                                              We have had talks with the Attorney                                                                            John     Wesley   United    Methodist
                                                                                                                      f
                                            General, who recognizes, yes, he also                                                                          Church is the oldest African American
                                            agrees that this FISA law is critically                     CONGRATULATING LINDSEY                             church in all of Cape May County.
                                            important, wants to have this section                                  BORDAS                                  John Wesley founded the church in 1840
                                            renewed, but he does recognize that re-                   (Mr. THOMPSON of Pennsylvania                        after escaping slavery in North Caro-
                                            forms can be made.                                      asked and was given permission to ad-                  lina in 1823.
                                              How exactly we can come to an                         dress the House for 1 minute and to re-                  The church also is home to a ceme-
                                            agreement—just like with your side,                     vise and extend his remarks.)                          tery, where there are veterans from the




dlhill on DSKBBY8HB2PROD with HOUSE
                                            we are having those negotiations. And                     Mr. THOMPSON of Pennsylvania.                        Civil War all the way to the Vietnam
                                            so, if people do acknowledge that                       Mr. Speaker, I rise today to recognize                 war.
                                            abuses occurred, I think it would be in                 Lindsey     Bordas,    a   senior    at                  I was proud to attend the celebration
                                            all of our best interest, as we are ad-                 Philipsburg-Osceola High School.                       event on Saturday, February 29. In ad-
                                            dressing this law that has had detrac-                    Recently, Lindsey accepted a fully                   dition to the celebration, the congrega-
                                            tors on both sides, that we strengthen                  qualified appointment to the United                    tion is planning to hold an African



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                                            March 5, 2020                                     CONGRESSIONAL RECORD — HOUSE                                                                H1523
                                            American cemetery tour in April of                        One of only 2,200 students who re-                   was a caring and kind father, grand-
                                            this year, which should be extremely                    ceived a scholarship last year, Second                 father, and great-grandfather, and he
                                            enlightening and interesting.                           Lieutenant Tice used her Fulbright to                  was loved by many.
                                              John Wesley’s mission statement is                    educate others and taught English in                     While serving as a fighter pilot in the
                                            that they will promote unity and diver-                 the Ivory Coast.                                       United States Air Force during the
                                            sity within our church and our commu-                     Colonel Sanborn, a professor of inter-               Vietnam war, he bravely fought
                                            nity.                                                   national studies and political science,                against hostile North Vietnamese
                                              I thank them for their commitment                     used this opportunity to study legisla-                forces. Ron was an American hero, and
                                            to this community. I thank them and                     tive politics in Hong Kong.                            we are eternally grateful for his serv-
                                            congratulate them on 180 years. May                       Colonel Jensen, a professor of his-                  ice.
                                            God’s blessing be upon them.                            tory, will conduct research in Madrid                    On behalf of the Arizona Eighth Con-
                                                             f                                      this coming summer.                                    gressional District, I extend my deep-
                                                  HONORING NELLA LARSEN                               Sanborn and Jensen were among only                   est condolences to Ron’s family and
                                                                                                    470 faculty to receive a Fulbright dis-                loved ones as they mourn their loss.
                                               (Ms. PLASKETT asked and was given                    tinction this year.
                                            permission to address the House for 1                     With more colleges and universities                                    f
                                            minute and to revise and extend her re-                 than nearly any other district in the
                                            marks.)                                                 country, I am proud that these three
                                               Ms. PLASKETT. Mr. Speaker, this is                                                                            CONGRATULATING SHAKOPEE
                                                                                                    individuals exemplify the talent that
                                            Women’s History Month. I rise to rec-                                                                           HIGH SCHOOL WRESTLING TEAM
                                                                                                    the Sixth District attracts.
                                            ognize Nella Larsen, who was born in                                                                             (Ms. CRAIG asked and was given per-
                                                                                                      Congratulations to VMI on this note-
                                            Chicago in 1891. Her mother was a Dan-                                                                         mission to address the House for 1
                                                                                                    worthy accomplishment.
                                            ish immigrant and her father an immi-                                                                          minute and to revise and extend her re-
                                            grant from the Danish West Indies,                                        f
                                                                                                                                                           marks.)
                                            what is now known as the U.S. Virgin                        RECOGNIZING THE WOUNDED                              Ms. CRAIG. Mr. Speaker, today I
                                            Islands.                                                         WARRIOR PROGRAM                               would    like   to   congratulate   the
                                               Larsen attended school in all-White                                                                         Shakopee High School wrestling team,
                                                                                                      (Mr. KILDEE asked and was given
                                            environments in Chicago until she                                                                              who repeated as class 3A State cham-
                                                                                                    permission to address the House for 1
                                            moved to Nashville to attend high                                                                              pions for the second year in a row.
                                                                                                    minute.)
                                            school. She later practiced nursing,                      Mr. KILDEE. Mr. Speaker, I rise to                     Congratulations to the wrestlers for
                                            served as a librarian in the New York                   recognize the Wounded Warrior Pro-                     the hard work that went into preparing
                                            Public Library, and, after resigning                    gram, which is a bipartisan initiative                 for this perfect season. The dedication
                                            from that position, she began a literary                that provides opportunities for injured                they have demonstrated is unparal-
                                            career.                                                 veterans and servicemembers to con-                    leled, and their success is well de-
                                               Her first novel, ‘‘Quicksand,’’ won
                                                                                                    tinue their service to our country by                  served.
                                            her a Harmon Foundation bronze
                                                                                                    working right here in the United                         Also, thank you to the parents, the
                                            medal. After the publication of her sec-
                                                                                                    States Congress.                                       coaches, the teachers, and the mentors
                                            ond novel, ‘‘Passing,’’ in 1929, Larsen
                                                                                                      I am proud to have passed legisla-                   who dedicate their time, because they
                                            was awarded a Guggenheim Fellowship,
                                                                                                    tion, supported by Republicans and                     are equally committed to the team’s
                                            a first for an African American woman,
                                                                                                    Democrats, to expand the Wounded                       success and future.
                                            establishing her as a premier novelist
                                                                                                    Warrior Program. By investing in these                   Congratulations to the team, and
                                            of the Harlem Renaissance.
                                               She died in New York in 1964.                        paid fellowships, we can expand job op-                may they enjoy this moment. They
                                               Her work explored the complex issues                 portunities for veterans and bring, im-                have earned it.
                                            of racial identity and identification in                portantly, their critical insight to the
                                            her fiction. Though critics remain con-                 work that we do right here in Congress.                                  f
                                            flicted about her novels, ‘‘Quicksand’’                   For the past 2 years, I have had the
                                            and ‘‘Passing,’’ there can be no ques-                  distinct privilege of having a Wounded                        JUNE MEDICAL SERVICES V.
                                            tion    that    they   are   significant,               Warrior fellow, Danielle Stevens, in my                                RUSSO
                                            groundbreaking      American     literary               office. Throughout her time in my of-
                                                                                                    fice, she has served my district by ad-                  (Ms. SCHAKOWSKY asked and was
                                            texts. She received a number of awards                                                                         given permission to address the House
                                            for her writing.                                        vising me on important legislation and,
                                                                                                    very importantly, being an advocate                    for 1 minute.)
                                               Along with her contemporary, nov-
                                                                                                    for veterans in casework that she has                    Ms. SCHAKOWSKY. Mr. Speaker, I
                                            elist Zora Neale Hurston, Larsen is
                                                                                                    been involved in, including veterans                   rise to remind my colleagues of what is
                                            considered to be one of the most impor-
                                                                                                    who lost earned benefits, had them                     at stake at the Supreme Court in com-
                                            tant female voices in the Harlem Ren-
                                                                                                    taken away from them due to clerical                   ing weeks.
                                            aissance. We remember her voice now.
                                                                                                    errors. Danielle Stevens was able to                     Yesterday, the Court began to hear
                                                             f
                                                                                                    work to get those benefits restored,                   arguments in a major abortion rights
                                               HONORING VIRGINIA MILITARY                           changing the lives of those families.                  case, June Medical Services v. Russo.
                                             INSTITUTE FULBRIGHT SCHOLARS                             Later this week, she will be leaving                   If the Louisiana law in question goes
                                              (Mr. CLINE asked and was given per-                   my office to continue her public serv-                 into effect, only one clinic remains in
                                            mission to address the House for 1                      ice at the U.S. Marshals Service. I                    the entire State. Only one physician
                                            minute and to revise and extend his re-                 thank her for her service to our coun-                 would continue to provide abortion
                                            marks.)                                                 try. This is an example of the success                 services to the 10,000 women who seek
                                              Mr. CLINE. Mr. Speaker, Virginia                      of this program.                                       them every year. That outcome would
                                            Military Institute is world renowned                                      f                                    deny thousands of women in Louisiana
                                            for many achievements, but I rise                                                                              their constitutional protection: the
                                            today to recognize VMI for producing                          REMEMBERING COLONEL                              protected right to access abortion care.
                                            one of the highest numbers of Ful-                           (RETIRED) RONALD LORD                               In 2016, the Court already decided
                                            bright Scholars, nationally, for the                      (Mrs. LESKO asked and was given                      that an identical case was unconstitu-
                                            2019–2020 academic year. This world-re-                 permission to address the House for 1                  tional. But since President Trump has
                                            nowned program seeks to improve cul-                    minute.)                                               added two conservative Justices to the




dlhill on DSKBBY8HB2PROD with HOUSE
                                            tural relationships through the ex-                       Mrs. LESKO. Mr. Speaker, I rise                      Supreme Court, it is more important
                                            change of students, faculty, and ideas.                 today with great sadness over the pass-                than ever for us to speak out about
                                              The three bright individuals to re-                   ing of Colonel Ronald Lord from Good-                  what is at stake, and I am proud to do
                                            ceive this prestigious honor are Second                 year, Arizona, a loving husband to                     that today.
                                            Lieutenant Annika Tice, Colonel How-                    Mayor Georgia Lord of the city of                        The Court should not uphold the
                                            ard Sanborn, and Colonel Geoff Jensen.                  Goodyear, which is in my district. He                  Louisiana law and should overturn it.



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                                            H1524                                             CONGRESSIONAL RECORD — HOUSE                                                       March 5, 2020
                                                                  b 1215                              TIME TO RAISE ENDOMETRIOSIS                          mal, or they are told that the tightness
                                                                                                        AWARENESS AND FUNDING                              in their lower back that they are dou-
                                               RECOGNIZING BILL GAERTNER                              The SPEAKER pro tempore (Mr.                         bled over with in their beds is normal,
                                                                                                    MALINOWSKI). Under the Speaker’s an-                   but none of that is normal.
                                              (Mr. TRONE asked and was given                                                                                 On this particular day, 4 weeks ago, I
                                            permission to address the House for 1                   nounced policy of January 3, 2019, the
                                                                                                    gentlewoman     from    Iowa      (Ms.                 felt like I had enough. So I sat there,
                                            minute.)                                                                                                       frustrated at the prospect of more
                                              Mr. TRONE. Mr. Speaker, I rise                        FINKENAUER) is recognized for 60 min-
                                                                                                    utes as the designee of the majority                   delays in the airport in severe pain. I
                                            today to recognize Bill Gaertner for re-                                                                       was looking at some of the most ex-
                                            ceiving the distinguished St. Dismas                    leader.
                                                                                                                                                           treme options that are out there that
                                            Award for his work through the Gate-                                      GENERAL LEAVE
                                                                                                                                                           would mean I couldn’t even have chil-
                                            keepers Re-Entry Program in Hagers-                        Ms. FINKENAUER. Mr. Speaker, I                      dren.
                                            town, Maryland.                                         ask unanimous consent that all Mem-                      And to be honest with you, I just got
                                              Gatekeepers is a program that ad-                     bers have 5 legislative days to revise                 frustrated because it shouldn’t be this
                                            dresses one of the top needs in our                     and extend their remarks and include                   hard. It should be more well known,
                                            criminal justice system: support for re-                extraneous material on my Special                      and there should be more options for
                                            turning citizens.                                       Order.                                                 treatment.
                                              Today, 90 percent of incarcerated                        The SPEAKER pro tempore. Is there                     As I was looking up hysterectomies, I
                                            people get released into their own com-                 objection to the request of the gentle-                came across a place called the Endo-
                                            munities, but many struggle to find                     woman from Iowa?                                       metriosis Foundation of America, and
                                            the resources and support to thrive.                       There was no objection.                             their website was full of information,
                                              A returning citizen himself, Bill was                    Ms. FINKENAUER. Mr. Speaker, it is                  some that I didn’t even know as some-
                                            70 years old when he was released from                  an honor to represent the great State                  body who has been living with this for
                                            prison. He started the Gatekeepers or-                  of Iowa and the First Congressional                    over 10 years, like the fact that endo-
                                            ganization when he realized the chal-                   District.                                              metriosis affects 1 in 10 women world-
                                            lenges those released from prison face                     We have been getting a lot of great                 wide and an estimated 7 to 10 million
                                            as they reenter society.                                things done here in the House, working                 in the United States alone, or that it is
                                              Gatekeepers aims to provide a con-                    across the aisle and moving a lot of bi-               the leading cause of infertility, but
                                            nection to resources so folks could be                  partisan bills forward since I got sworn               there is no known cure.
                                            successful as they transition back into                 in over a year ago. It has been an honor                 You see, when I was looking up
                                            their communities.                                      to get to represent my district and                    hysterectomies, the reason there are
                                              We should all be working toward a                     have its back every day.                               not more options, or options are slow
                                            more just criminal justice system.                         In the middle of all of this, I happen              to come by is because it is also one of
                                              Mr. Speaker, I congratulate Bill                      to have gotten engaged a couple of                     the least-funded diseases and condi-
                                            Gaertner on this much-deserved award                    months ago to my very kind and sup-                    tions by Congress, by the National In-
                                            for his work to support justice-im-                     portive fiance, who is sitting up there                stitutes of Health.
                                            pacted communities.                                     in the gallery right now. He has been                    So once I decided to start talking
                                                                                                    there through so much of it, and I am                  about this, the number of people,
                                                             f                                      grateful every day.                                    whether it is their staff who has it, or
                                                                                                       You see, we are very much looking                   their sister who has it, or possibly
                                                                                                    forward to one day starting our life to-               somebody they work with every day, or
                                            RECOGNIZING HEROISM OF ROB-
                                                                                                    gether and are talking about raising a                 people they have met on the campaign,
                                             ERT TARLETON AND EDWARD
                                                                                                    family and doing it in Iowa and how                    I mean, it just goes on and on, the
                                             RYER
                                                                                                    much that means to us.                                 number of people this touched, the
                                              (Mr. MALINOWSKI asked and was                            So it would surprise most folks to                  women who have it and the men and
                                            given permission to address the House                   know that just about 4 weeks ago, on a                 women who love them.
                                            for 1 minute.)                                          Friday after votes, I was back where I                   I was also reminded, as I decided to
                                              Mr. MALINOWSKI. Mr. Speaker, I                        stay in D.C., sitting on my bed, doubled               look into this, how lucky I am. You
                                            rise today to recognize the heroism of                  over in pain, googling hysterectomies.                 see, I am lucky that I had a mom who
                                            two New Jersey State troopers, Troop-                      It was a pain familiar to me, stabbing              believed me, who believed my pain, and
                                            er Robert Tarleton and State Police                     in my lower left abdomen, and a tight                  good health insurance from my dad’s
                                            Lieutenant Edward Ryer.                                 pain like two fists clenched together in               union, where we could go to doctor
                                              On March 2, Trooper Tarleton was                      a vise grip in my lower back.                          after doctor after doctor until finally
                                            stopped and talking with a driver on I–                    I know this pain well because I have                somebody said: ‘‘Hey, she might have
                                            287 in Bridgewater, New Jersey, when a                  been experiencing it intermittently for                this. We better take a look at it.’’ That
                                            tractor-trailer ran off the road, hit a                 over the past decade because I have a                  is when, again, I was able to be diag-
                                            structure, and burst into flames.                       condition called endometriosis. I have                 nosed.
                                              Trooper Tarleton immediately ran                      had this most of my adult life.                          I am lucky to have great support
                                            toward the scene, where he met Lieu-                       I was diagnosed at a young age, luck-               from my staff and others. But there are
                                            tenant Ryer, who was off-duty but had                   ily, at the early age of 18. See, a lot of             so many women across the United
                                            stopped to help.                                        women don’t get an accurate diagnosis                  States who don’t have that support.
                                              With no thought to their personal                     until much later in life.                                When I decided to talk about this
                                            safety, they grabbed the incapacitated                     Endometriosis is a very painful con-                just a few weeks ago, I was actually
                                            driver from the wreckage, dragging                      dition where the tissue that normally                  getting my hair trimmed, and my hair-
                                            him to safety seconds before the truck                  lines the uterus grows outside and can                 dresser heard me say the word ‘‘endo-
                                            exploded.                                               even attach to organs and nerves.                      metriosis.’’ She looked at me, and she
                                              Mr. Speaker, I thank Trooper                          Endometriosis is also the number one                   said: Do you have it?
                                            Tarleton and Lieutenant Ryer for their                  cause of hysterectomies for women                        I said: Yes, I have it.
                                            selfless actions that saved a man’s life.               ages 30 to 35.                                           And she said: Well, right now, I am
                                              I also want to take a moment to rec-                     I have already had two surgeries,                   feeling like I am being stabbed in my
                                            ognize the everyday acts of heroism by                  laparoscopies, where they went in and                  lower left abdomen.
                                            our law enforcement officers that may                   cut off or burnt off the tissue. I have                  I said: Yes, I know that pain.




dlhill on DSKBBY8HB2PROD with HOUSE
                                            not make the news or be captured on a                   white-knuckled my way through more                       She was working three jobs, and she
                                            body cam, as this one was.                              flights, events, and days knocking on                  is dealing with it every day. It is some-
                                              We call them when we need help, and                   doors than I can count.                                thing where she doesn’t have the lux-
                                            no matter how dangerous the situa-                         There are so many women out there                   ury to not show up. Many women don’t.
                                            tion, they always come. We are grate-                   who have been told that the stabbing                   You just push through it, and you get
                                            ful.                                                    pain in your lower left abdomen is nor-                through that pain day in and day out.



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                                            March 5, 2020                                     CONGRESSIONAL RECORD — HOUSE                                                                H1525
                                              I know there are so many women                                              b 1230                           about, if you do evil, you are supposed
                                            hearing this today who may be hearing                            ISSUES OF THE DAY                             to be afraid because the government
                                            their pain described for the very first                                                                        was not given the sword in vain. It is
                                            time, and that is why I want to make                      The SPEAKER pro tempore (Ms. STE-                    supposed to punish evildoers. And that
                                            sure that I give a voice to them today                  VENS). Under the Speaker’s announced                   is one of the roles.
                                            and say that it is okay to talk about                   policy of January 3, 2019, the gen-                      We are supposed to have good over-
                                            this. That is why I decided to do what                  tleman from Texas (Mr. GOHMERT) is                     sight in Congress, and the FBI had
                                            I am doing today.                                       recognized for 60 minutes as the des-                  been allowed to devolve into great
                                                                                                    ignee of the minority leader.                          problems here in Washington, and not
                                              See, I am in this position with a plat-                 Mr. GOHMERT. Madam Speaker, I
                                            form as a Member of Congress, and I                                                                            just in Washington, but even working
                                                                                                    appreciate the tribute of my colleague                 for the District of Columbia. The
                                            can talk about this important issue                     a few moments ago for law enforce-
                                            that touches so many women across                                                                              agent, possibly agents, that helped
                                                                                                    ment.                                                  cover up for the Awan brothers further
                                            the U.S.                                                  One of the things that arose out of                  cast great clouds over the reputation of
                                              To be honest with you, I didn’t say                   the evil hatred that brought about 9/                  the FBI, but here again, that is in
                                            anything for years because I was afraid                 11’s attacks was people began to appre-                Washington.
                                            that people would think I was weak,                     ciate our military again and began to                    Across the country, around the world
                                            that I couldn’t do my job, but that is                  appreciate our first responders again.                 we have good FBI agents. But when my
                                            not true. I show up every day; I have                   That was a very welcome development.                   very dear friend, brother, Philip Haney
                                            done it for the last decade. I have rep-                And it seems that in recent years so                   was found with a gunshot wound to his
                                            resented my State and my District                       much of that respect and admiration                    chest out in California, I wish I were
                                            well, and it is not weak to talk about                  has been clouded by false allegations                  comforted when we got word that FBI
                                            it.                                                     against some law enforcement. So it is                 agents were being sent to assist
                                              In fact, the women who are living                     great to hear other colleagues talk                    Amador County in the investigation. I
                                            with it every day, they are strong as                   about the importance of our law en-                    don’t know which agents were sent. I
                                            heck. It is time that people across the                 forcement and the role they play.                      don’t know if they were good FBI or
                                            country know about what this is.                          Unfortunately, what many consider                    FBI like Strzok and Page and McCabe
                                                                                                    to be the greatest law enforcement                     and others who had no problem being
                                              Every day, women are pushing                          agency or department in the world has
                                            through their pain and living their                                                                            political and being dishonest in their
                                                                                                    been badly clouded by bad actors with-                 jobs.
                                            lives. They are not weak; they are                      in the Federal Bureau of Investigation.
                                            strong.                                                                                                          I know Inspector General Horowitz
                                                                                                    I know U.S. Attorney Durham is inves-                  has come out with more information
                                              And I am not standing here alone be-                  tigating. We haven’t seen any results                  about another investigation, but the
                                            cause once I started talking about this                 come from that at this point. We have                  manner in which he did a great job of
                                            with my colleagues, I found out how                     just seen terribly inappropriate if not                finding so many improprieties and then
                                            many other Members of Congress are                      criminal conduct from FBI agents in                    came to conclusions completely oppo-
                                            touched by this or know people who                      recent years that resulted in no pun-                  site of what the fact findings were is a
                                            have this.                                              ishment.                                               bit disturbing.
                                              Again, we found out about sisters,                      We had Christopher Wray, the direc-                    We need the FBI cleaned up. We need
                                            comms directors they work with. In                      tor of the FBI, before our committee                   the reputation back. But it needs to
                                            fact, even just this morning, after I                   recently. I questioned him about the                   come back not through cover-ups like
                                            started talking about it, there was an-                 FBI agent who falsified information to                 it appears to me has been going on in
                                            other Congressman who came up to me                     submit to the FISA court, in essence,                  recent years, but from actually clean-
                                            and said his wife has it. As I talked                   changing the information that said                     ing out those who have been abusing
                                            about it more in my personal life, I                    Carter Page did work for our intel-                    their authority.
                                            have also met more women who strug-                     ligence agency to saying he did not,                     We are supposed to be taking up the
                                            gle with endometriosis.                                 and instead of the director punishing                  issue of a couple of provisions. The PA-
                                                                                                    him, he was allowed to resign. That is                 TRIOT Act section 215 is coming up,
                                              So I am standing here today with
                                                                                                    not hardly cleaning up criminal con-                   fortunately, for sunset. We should be
                                            them and in support of them and their
                                                                                                    duct.                                                  taking up the issue of the Foreign In-
                                            pain. And today, at the beginning of
                                                                                                      The people that swore to applications                telligence Surveillance Act court, the
                                            this Endometriosis Awareness Month,
                                                                                                    and affidavits before the FISA court in                FISA court. But when we address that,
                                            we are launching the very first Endo-
                                                                                                    order to get warrants to spy upon Car-                 when it has come up, when we have had
                                            metriosis Caucus.
                                                                                                    ter Page—Papadopoulos—the Trump                        private discussions with Federal au-
                                              Through this caucus, this bipartisan                  campaign was obviously the goal. We                    thorities, those of us on the Judiciary
                                            caucus, we are going to raise awareness                 haven’t seen people punished, but the                  Committee in the past, going back to
                                            with the public and in Congress to get                  reputation of the FBI and those good                   my first year here, 2005, we have been
                                            more funding and the kind of support                    FBI agents who do enforce and follow                   assured, this is FISA, this is the For-
                                            that this disease deserves. We need to                  and properly investigate the law, they                 eign Intelligence Surveillance Act. The
                                            end the stigma around endometriosis                     suffered. It is going to take, obviously,              purpose is to help us go after foreigners
                                            and bring more attention to this condi-                 a different director of the FBI in order               who are known terrorists or are for-
                                            tion affecting millions of women, their                 to clean up the FBI and get their rep-                 eigners who have relationships with
                                            families, and their friends.                            utation back.                                          known terrorist organizations. That is
                                              Today, I ask my colleagues in Con-                      Simply allowing people to resign or                  who we are going after.
                                            gress, and everyone watching, to join                   retire when from all appearances they                    The only time we were assured years
                                            me in this movement, to join this cau-                  have engaged in criminal conduct when                  ago that we may pick up an American
                                            cus. We have to up endo funding, up                     they are supposed to be investigating                  citizen is if they are in contact with
                                            endo research, and up endo awareness.                   criminals, that is not enough. To deny                 known foreign terrorists or known for-
                                              It is too important, and there are too                and to turn the other cheek when you                   eign terrorist organizations, otherwise,
                                            many women across the United States                     find out about improprieties within                    we don’t even pick them up. And we
                                            and worldwide who deal with this every                  your department, that is not enough.                   find out now years later, those were
                                            day to be ignored for far too long.                       As Christians, we believe in what                    lies. The ‘‘F’’ in FISA stands for for-




dlhill on DSKBBY8HB2PROD with HOUSE
                                                                                                    Jesus taught about turning the other                   eign, but what we have come to find
                                              Madam Speaker, thank you for the                      cheek or loving your enemy, but there                  out through the FBI dishonesty in pur-
                                            opportunity to speak here today about                   is a different role for Christians when                suing the Trump campaign was that
                                            this important issue.                                   they are in government, and that does                  actually they go after American citi-
                                              Madam Speaker, I yield back the bal-                  not mean ignoring criminal impropri-                   zens on a regular basis. It is a regular
                                            ance of my time.                                        eties; it means, like Romans 13 talks                  thing. They use the FISA court to spy



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                                            H1526                                             CONGRESSIONAL RECORD — HOUSE                                                       March 5, 2020
                                            on Americans, to spy on the Trump                       rants, at least from the things that we                eign Intelligence Surveillance Act, so
                                            campaign, but even more than that, to                   have seen.                                             we are not going to allow a Foreign In-
                                            constantly be grabbing up Americans’                       So the solution in prior days when                  telligence Surveillance Act court to
                                            phone records. And there was a time                     there was no FISA court, you would                     grant warrants against American citi-
                                            when they could say with a straight                     file a motion with the court and ask                   zens. If somebody wants those, go to an
                                            face, look, all we are getting is the                   for an in-camera review, ask that docu-                Article III court.
                                            metadata. We don’t know who these                       ments be sealed for national security                    For those not familiar with the Con-
                                            phone numbers are. They are just                        purposes. There was normally a time                    stitution—I realize that there are more
                                            metadata that we can run algorithms                     limit, from the ones I am aware of, a                  and more these days since more schools
                                            and see if there are any terrorist num-                 time limit on how long they were                       are having to teach to the federally
                                            bers in there. Well, we know that is not                sealed. And that was to protect na-                    mandated test, and there are no civics
                                            what has been going on.                                 tional security, if it involved national               questions I am aware of that are com-
                                              Maybe that has, but what addition-                    secrets, national security secrets. But                pelled to be asked in the mandated
                                            ally has been going on, and we saw this                 at least it would seem, and I certainly                Federal test. We don’t have as many
                                            with Chairman SCHIFF, he was able to                    hope that if we are going to reform the                high school students, graduates from
                                            gather information about people in his                  Foreign     Intelligence    Surveillance               high school, who know about Article I,
                                            own committee, phone numbers, people                    Courts that we have an amendment                       II, and III of the Constitution.
                                            they had called because the days of                     that says, you know, since the ‘‘F’’ in                  A recent survey, in recent years at
                                            being able to say, well, it is metadata,                FISA stands for foreign, then the For-                 least, indicated that, as I recall, more
                                            we don’t know what all those numbers                    eign Intelligence Surveillance Act                     young people 25 and under can identify
                                            are; no, nowadays you can know very                     Courts are not going to be granting                    the Three Stooges than can identify
                                            quickly whose number is where and                       warrants against American citizens.                    the three branches of the Federal Gov-
                                            what metadata. And they are spying on                      If someone in Federal law enforce-                  ernment: executive, legislative, and ju-
                                            Americans.                                              ment, especially the FBI, wants to spy                 dicial.
                                              So I have said before, unless there                   on an American citizen, they can go to                   So Article III is the article dealing
                                            was a dramatic cleanup, and we have                     an Article III Federal District Court to               with the courts. As my old constitu-
                                            seen no indication from the FISA                        get their warrant. You shouldn’t be                    tional law professor, David Guinn, used
                                            judges themselves that they have                        able to go to this secret star chamber                 to say, there is only one court created
                                            enough pride in their position that                     court to spy on American citizens.                     in the Constitution, and that is the Su-
                                            they would be offended by fraud upon                    That was never, ever anticipated as one                preme Court. All other Federal courts
                                            their courts—I don’t have a problem                     of the jobs of the FISA courts when                    owe their existence and their jurisdic-
                                            with the FISA courts going away. I                      they were created back in the 1970s. If                tion to the United States Congress. In
                                            mean, we succeeded in winning World                     we are going clean it up, and the FBI                  other words, Congress brought them
                                            War II when we had important national                   has shown no propensity to be able to                  into the world, and Congress can take
                                            secrets, and we went through Korea,                     clean it up themselves and to police                   them out of the world.
                                            went through the Cold War, the worst                    themselves, and the FISA courts them-                    So I would hope that if we don’t
                                            of the Cold War years, without having                   selves have not shown that ability or                  eliminate the FISA court because of
                                            FISA courts. They came into being in                    propensity, and, in fact, many have                    such broad abuses that would allow,
                                            the 1970s. And now over 40 years or so                  been advocating since we found out                     encourage, and not respond to abuses
                                            later, we find out that the use of the                  about such widespread abuse in the                     when one administration is seeking to
                                            FISA court has devolved into abuse of                   FISA courts, some have advocated,                      spy on and participate in a coup
                                            the FISA courts so that American citi-                  well, maybe if we just allow or require                against another party’s candidate, then
                                            zens are routinely spied upon. And they                 the FISA courts to appoint an amicus,                  it is time to eliminate the court, and if
                                            are not foreign. They are American                      a friend of the Court to stand in for the              not eliminate the court, at least elimi-
                                            citizens.                                               interests of the person against whom a                 nate the ability of the Foreign Intel-
                                              I would love to see, and I really ap-                 warrant is being sought, that should be                ligence Surveillance Court to grant
                                            preciated—we disagree on lots of                        an adequate reform.                                    warrants against American citizens.
                                            things, but ZOE LOFGREN from Cali-                         Then that was proved to be totally                    American citizens are supposed to be
                                            fornia, most of us would say she is                     bogus back in December when—after                      able to have those civil rights, and
                                            much more liberal, but she has always                   this FISA judge who had apparently in-                 they have been taken away by the cre-
                                            been concerned about American civil                     sufficient pride in her court to punish                ation and abuse of the FISA courts. It
                                            rights. In talking with her yesterday, I                people who committed a fraud upon the                  is time that this Congress, in a bipar-
                                            am still impressed, she is still con-                   court—an amicus was appointed who                      tisan method, came together and said
                                            cerned about America’s civil rights,                    happened to be the person who had                      enough of the abuses.
                                            and we should not have Americans                        been lying for quite some time in say-                   Let’s face it: President Trump has
                                            spied on. So I know Congresswoman                       ing that DEVIN NUNES was lying when                    been getting Federal judges appointed
                                            LOFGREN has been working on ways to                     it turned out DEVIN was exactly right                  and confirmed in record numbers. I
                                            try to actually clean up the FISA court                 in the things that he put in his report                think, from what I can tell, Attorney
                                            and make some reforms that would                        and that the amicus that the FISA                      General Barr is doing what he can to
                                            help clean things up.                                   court appointed was the one who had                    clean up the Justice Department, and I
                                              But I am to the point with so many                    been either lying or just completely ig-               am sure he would defend Christopher
                                            abuses that we have found that we                       norant. That is the lawyer that was ap-                Wray. I just happen to disagree with
                                            could either do away with the FISA                      pointed as the friend of the court.                    the job that the Director of the FBI
                                            court and go back to the days—and, I                                                                           currently is doing.
                                            mean, as a judge I have handled so                                       b 1245                                  But there are going to be some people
                                            many warrants, applications, affidavits                   Clearly, the FISA courts are not ca-                 who are interested in justice who re-
                                            for warrants, signed warrants—you had                   pable of cleaning up their own messes.                 place those who have been extremely
                                            to have probable cause that a crime                     They enjoy, apparently, having fraud                   partisan, as we have seen.
                                            was committed, probable cause that                      committed upon them and their courts                     I would encourage my friends across
                                            this person probably committed the                      as long as they get to keep signing                    the aisle who have seen how helpful the
                                            crime, and then you had to describe                     warrants against American citizens                     FBI was to a Democratic administra-
                                            with particularity, that is a require-                  without the American citizens having                   tion politically just to keep in mind




dlhill on DSKBBY8HB2PROD with HOUSE
                                            ment of the Fourth Amendment, you                       the right to come in and contest it.                   there are changes being made, and it is
                                            have to describe with particularity the                   I would love to see, especially if we                not going to be so helpful to one party
                                            thing to be searched and the thing to                   are going to leave the FISA courts, at                 over another in the future.
                                            be searched for. And it is often the case               least let’s have an amendment. And I                     I would hope that colleagues on both
                                            that none of those things are found in                  surely hope that this will become a                    sides of the aisle would come together
                                            FISA applications, affidavits, and war-                 very bipartisan effort to say it is a For-             to say: You know what? This really is



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                                            March 5, 2020                                     CONGRESSIONAL RECORD — HOUSE                                                               H1527
                                            the time. We have to stand up for                         ‘‘The FBI first investigated Mateen                  in his chest, he was investigating a
                                            American rights.                                        in 2013, 3 years before he carried out                 group called Tablighi Jamaat. It is in-
                                              It is one thing under the Constitu-                   the deadly Pulse shooting. Agents                      teresting that some of the training
                                            tion to have writs of habeas corpus sus-                closed the case months later and did                   Tablighi Jamaat did, including for the
                                            pended in a time of war, but it is quite                not properly address Mateen’s history                  killers in San Diego, there was certain
                                            another to prevent writs of habeas cor-                 of mental illness, the report said.                    training that they undergo that I am
                                            pus, because American citizens don’t                      ‘‘Agents investigated Tsarnaev ahead                 not going to get into, but if someone is
                                            even know that they are being spied                     of the Boston Marathon bombing. Even                   undergoing that training, it should
                                            upon by their own government and                        after an internal Bureau database                      send up red flags, certain parts of that
                                            cases are being made against them                       flagged Tsarnaev, agents closed the                    training, at least, that this person may
                                            through spying by their own govern-                     probe after concluding he had ‘no nexus                be on the road to radicalization.
                                            ment without probable cause, without                    to terrorism.’’’                                         It is just very unfortunate that our
                                            proper warrants.                                          That was interesting, the Tsarnaev                   most powerful investigating body had
                                              It is time to fix that, and I hope this               investigation. I had the opportunity to                been so purged of people who could rec-
                                            will be the Congress that does so.                      question an FBI Director named                         ognize radicalization that it put Amer-
                                              So, we have this article from The                     Mueller about that because Tsarnaev                    icans at risk, and Americans died as a
                                            Washington Times, Jeff Mordock, yes-                    was identified by the Russians. He had                 result of that effort by Director
                                            terday. It says: ‘‘FBI missed chances to                been over in an area where some Mus-                   Mueller and others within the FBI.
                                            stop domestic terror attacks because of                 lims had been radicalized, making                        This article goes on and points out
                                            lack of follow-up,’’ according to the                   them, as radicals, a threat to non-                    that: ‘‘The inspector general said the
                                            Horowitz report, apparently.                            radicalized Muslims, both Christians,                  Bureau bungled the case of Elton Simp-
                                              In this article, it points out that the                                                                      son, who tried to ambush a Garland,
                                                                                                    non-radicalized Muslims, Jews, others
                                            IG investigation revealed ‘‘lapses in                                                                          Texas, art exhibit featuring cartoon
                                                                                                    who were not radicalized Muslims.
                                            the Bureau’s assessments allowed per-                                                                          images of the prophet Muhammad, the
                                                                                                      In fact, Russia had notified the FBI.
                                            petrators of some of the most deadly                                                                           central figure of Islam. Although
                                                                                                    To the FBI’s credit, apparently, from
                                            attacks in recent history to fall                                                                              agents received information related to
                                                                                                    what we found, they did send an agent
                                            through the cracks.’’                                                                                          Simpson, they determined he was not a
                                              That is understandable since the FBI                  out to question Tamerlan Tsarnaev. It
                                                                                                    sounded like basically they asked him                  significant threat.
                                            was trying to help prevent Donald                                                                                ‘‘Mr. Horowitz said that even after
                                            Trump from being elected President                      if he was a terrorist, and he assured
                                                                                                    them he wasn’t. They went above and                    the FBI sought to address the problem,
                                            and then trying to participate in what                                                                         it failed to conduct the necessary over-
                                            certainly appeared to be an attempted                   beyond and questioned his mother, and
                                                                                                    she assured them that Tamerlan was a                   sight to implement the recommended
                                            coup, that, gee, they were just too busy                                                                       changes.’’
                                            to actually prevent some of these ter-                  good boy, that he wasn’t a terrorist.
                                                                                                                                                             I would humbly submit that when
                                            rorist attacks, according to the article                  As I put to Director Mueller: You
                                                                                                                                                           Comey took over from Mueller, he did
                                            and the IG report: ‘‘Omar Mateen, who                   didn’t even go out to the mosque where
                                                                                                                                                           not improve matters at the FBI when
                                            killed 49 people at the Pulse nightclub                 they were attending and find out infor-
                                                                                                                                                           it came to identifying threats against
                                            in Orlando, Florida, in 2016; Tamerlan                  mation that would have revealed
                                                                                                                                                           American citizens.
                                            Tsarnaev, who killed three people at                    whether they had been radicalized or
                                            the Boston Marathon in 2013; Nidal                      not.                                                                     b 1300
                                            Hasan, who massacred 13 people at                         About all Mueller could come back                      Mr. Speaker, I would like to address
                                            Fort Hood, Texas, in 2009; Esteban                      with was that they did go out to that                  the issue of the coronavirus.
                                            Santiago, who killed five people in a                   mosque, not to investigate Tsarnaev,                     We have heard allegations that our
                                            2017 attack at the Fort Lauderdale-Hol-                 but to actually just have part of their                President is just totally out of it, to-
                                            lywood International Airport.’’                         community outreach program.                            tally uninformed, and totally unpre-
                                              ‘‘ ‘The FBI has acknowledged that                       And I said: You probably didn’t even                 pared to deal with the coronavirus.
                                            various weaknesses related to its as-                   know who founded that mosque.                          Sometimes the best way to analyze
                                            sessment process may have impacted                        And he didn’t. He didn’t know, but it                whether or not a leader is, not out of
                                            its ability to fully investigate certain                was founded by a man who was doing 23                  it, but actually has taken bold steps to
                                            counterterrorism assessment subjects,                   years in Federal prison for supporting                 protect Americans is helped along by
                                            who later committed terrorist acts in                   terrorism.                                             comparing to a prior administration,
                                            the United States,’ ’’ Mr. Horowitz                       But before Mueller came in and                       for example.
                                            wrote.                                                  purged the FBI of training materials                     There is an article by ABC News, Dr.
                                              The article says: ‘‘The inspector gen-                that would allow FBI agents to iden-                   Angela      Baldwin:     ‘‘How    Novel
                                            eral’s report is the latest black eye for               tify who were the peace-loving Mus-                    Coronavirus Compares to SARS, MERS
                                            the Bureau,’’ that is the FBI, of course,               lims and the small group that had been                 and Other Recent Viral Outbreaks.’’
                                            ‘‘which has been besieged by allega-                    radicalized that wanted to kill non-                     Dr. Baldwin points out that: ‘‘MERS,
                                            tions of political taint and questions of               radicalized Muslims, he purged them,                   Middle Eastern respiratory syndrome,
                                            competence.                                             as I have said before. One of our agents               was first reported in Saudi Arabia in
                                              ‘‘ ‘Anytime there is criticism, of                    said: He blinded us of our ability to see              2012. Of the 27 countries affected glob-
                                            course, it undermines the public faith                  who was a threat.                                      ally, 10 countries are in or near the
                                            in the Bureau, and that can never be                      Thank you very much, Director                        Arabian Peninsula and 17 countries are
                                            good because the FBI depends on the                     Mueller.                                               outside of the Arabian Peninsula. Only
                                            public trust,’ said Lewis Schiliro, a                     He purged the training materials.                    two patients in the U.S. ever tested
                                            former head of the FBI’s New York                       There was an advanced course for                       positive for MERS.
                                            field office.’’                                         FBI—I think 700 pages of training—and                    ‘‘To date, there have been nearly
                                              But further down, it says: ‘‘Even                     Mueller ordered all of that eliminated.                2,500 laboratory-confirmed cases of
                                            after the FBI discovered lapses in its                    Fortunately, after he left—and after                 MERS, with a death rate of about 34
                                            assessment      of   potential   terrorist              we had more attacks and more Ameri-                    percent.
                                            threats, field office managers failed to                cans died—eventually, the training was                   ‘‘Influenza is another contagious res-
                                            properly implement changes or con-                      brought back for some FBI agents. But                  piratory illness with symptoms that
                                            duct consistent oversight of counter-                   it still needs work.                                   are similar to SARS, MERS, and
                                            terrorism investigations, the report                      But these FBI agents, they didn’t                    COVID–19. It is caused by the influenza




dlhill on DSKBBY8HB2PROD with HOUSE
                                            said.                                                   know what to look for because Mueller                  A and influenza B viruses. Different
                                              ‘‘Roughly 40 percent of the FBI’s                     had eliminated the training materials                  strains of influenza are responsible for
                                            counterterrorism assessments went                       that would have helped them know                       the flu season that occurs every year.
                                            unaddressed for 18 months, even after                   what to look for in radicalized attacks.               The CDC estimates that there have
                                            Bureau officials discovered investiga-                    Of course, my friend, Philip Haney,                  been 18,000 to 46,000 flu deaths so far
                                            tive lapses, Mr. Horowitz wrote.’’                      who was found dead with a bullet hole                  this season.



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                                            H1528                                             CONGRESSIONAL RECORD — HOUSE                                                       March 5, 2020
                                              ‘‘The swine flu, or influenza A,’’                    Hill Hospital noted: ‘Make sure you get                American citizens from being exposed
                                            which was the H1N1 virus, ‘‘caused the                  a flu shot. It’s much more likely to                   more and more to the coronavirus, or
                                            2009 global pandemic. An estimated                      contract the flu than the new                          COVID–19.
                                            151,000 to 575,000 people, worldwide,                   coronavirus infection.’                                  On another note, we have heard
                                            died from the H1N1 virus in 2009. Of                      ‘‘He also warns: ‘Older persons should               about the Afghanistan peace agree-
                                            those, there were an estimated 12,400                   also make sure they get vaccinated                     ment. My concerns have been hearing,
                                            deaths in the U.S. . . . This strain con-               against pneumonia and shingles, since                  during the Bush administration, that
                                            tinues to circulate as a seasonal flu                   these are more likely if they develop a                they took a great deal of advice from
                                            virus each year . . . . ’’                              viral    infection     such     as    the              former Ambassador Khalilzad, and it
                                              But 12,400 American deaths from the                   coronavirus.’’’                                        sure sounds like he made a mess of the
                                            H1N1 virus? I was shocked to read that.                   But every one of those Americans                     Bush foreign policy with regard to Af-
                                            I didn’t remember reading or hearing                    who has died, 10 or so—I am sure the                   ghanistan when discussions were being
                                            that, during the Obama administra-                      number will grow—it is a tragedy. It is                held—what kind of government should
                                            tion, there was such a weak response to                 devastating to the loved ones, and I am                we give Afghanistan—and that troubles
                                            the H1N1 virus that we had 12,400                       just surprised we didn’t hear a whole                  me.
                                            Americans die from the H1N1 virus.                      lot about the 12,400 Americans during                    We shouldn’t be asking that ques-
                                              So it is interesting. President Trump                 the Obama administration who died                      tion. That should have been a question
                                            reacted immediately to the informa-                     from the H1N1 virus.                                   for the Afghans. And though Khalilzad
                                                                                                      So, obviously, the media gets much                   may have been an Afghan, he is an
                                            tion of a virus of the nature of the
                                                                                                    more up in arms over 10 Americans                      American; and he was listened to, as I
                                            coronavirus, or COVID–19, coming from
                                                                                                                                                           understand, during the Obama adminis-
                                            China. He reacted by restricting travel                 dying from the coronavirus than they
                                                                                                                                                           tration, which explains some of their
                                            from those areas.                                       did over the 12,400 that may have died
                                                                                                                                                           problems with getting out, as Presi-
                                              And thank goodness he reacted so                      in 1 year in America from the H1N1
                                                                                                                                                           dent Obama wanted to do. He said he
                                            quickly, even though he was con-                        virus.
                                                                                                                                                           was going to. He was sure trying, but
                                            demned by some Democrats for being                        I was concerned earlier here, an hour
                                                                                                                                                           problems kept arising.
                                            racist and for being a xenophobe. All he                or so ago, to hear Majority Leader                       I would think if somebody gives ad-
                                            was trying to do was protect Ameri-                     HOYER saying, as I understood him to                   vice that didn’t help the Bush adminis-
                                            cans from this virus.                                   say, next week, the majority here                      tration and didn’t help the Obama ad-
                                              So he suffers the indignities, the                    wants to prevent President Trump’s                     ministration, then I deeply regret that
                                            slings and arrows, being called a racist                travel bans.                                           anybody in the current administration
                                            and a xenophobe, but he didn’t care be-                   We are finding out that, because of                  would be taking advice from that same
                                            cause he was protecting the American                    President Trump’s travel bans, lives                   individual.
                                            people. Had he not reacted so quickly,                  have been saved. The coronavirus has                     The Taliban were our enemies. They
                                            there is no doubt we would have had                     not spread, as it surely would have, and               have never indicated that they want to
                                            many more Americans infected with                       so the answer next week will be to re-                 stop killing Americans. As our allies
                                            the virus.                                              strict President Trump’s abilities to                  who fought and successfully defeated
                                              He also reacted with regard to our                    save American lives by preventing peo-                 the Taliban within 6 months of 9/11, by
                                            southern border that has been so po-                    ple from coming into this country from                 the end of February 2002, after the
                                            rous, despite his best efforts. We, no                  areas where the coronavirus is found to                Taliban had been identified as our
                                            doubt, have been saved from many                        be widespread, people coming in with-                  enemy, helping al-Qaida with the at-
                                            more cases of COVID–19 arising here in                  out adequate ability to make sure they                 tacks on the United States on 9/11, we—
                                            the United States by the efforts of our                 are not infected. I was very sorry to                  well, I say ‘‘we,’’ but, actually, it was
                                            Border Patrol and the Trump adminis-                    hear that that is something that we,                   our allies who defeated the Taliban. By
                                            tration.                                                apparently, are going to take up next                  the end of February, there was no real
                                              This article points out: ‘‘In compari-                week.                                                  organized Taliban in Afghanistan. The
                                            son,’’ talking about in comparison to                     There is an article here from PJ                     groups had been devastated.
                                            the H1N1 virus, ‘‘COVID–19 has spread                   Media, by Victoria Taft, February 28,                    We provided aerial support. We had
                                            to more than 50 countries and infected                  2020, and the headline says: ‘‘Fact-                   about 300 special ops people in there
                                            more than 85,000 people, worldwide,                     Check: Obama Waited Until ‘Millions’                   embedded with General Dostum’s
                                            since January of this year. In the                      Were Infected and 1,000 Dead in U.S.                   Northern Alliance groups, different
                                            United States, there have been about 70                 Before Declaring H1N1 Emergency.’’                     tribal groups that we supported, and
                                            cases . . . . ’’                                          That is the virus we were just talk-                 they outed the Taliban. Some fled to
                                              I think there may be more than 100                    ing about. Anyway, that is a rather in-                Pakistan, but there was no organized
                                            now, but this article, dated March 2,                   teresting article pointing out the dif-                Taliban left.
                                            says, ‘‘two people have died.’’ But I be-               ference between President Obama’s re-                    And then the mistake occurred: What
                                            lieve there are more than that, maybe                   sponse to the H1N1 and the thousands                   kind of government should we give
                                            as many as 10 who have died here in                     that died as a result of—actually, the                 them, and let’s occupy Afghanistan for
                                            the United States.                                      other article talked about the 12,400.                 a while. Occupiers have never done well
                                              I wish that we were getting a report                    There is an article here from the Cen-               in Afghanistan, and that still remains
                                            out that these are normally our senior                  ters for Disease Control, June 25 of                   true.
                                                                                                                                                             But the biggest problem I have was
                                            citizens who have some preexisting                      2012: ‘‘First Global Estimates of 2009
                                                                                                                                                           the advice. I could be corrected, but I
                                            health condition. So we should be en-                   H1N1 Pandemic Mortality Released by
                                                                                                                                                           am told by people who were around
                                            couraging senior citizens and retire-                   CDC-Led Collaboration.’’
                                                                                                                                                           back in the second Bush term that
                                            ment homes, they all should be very                       But it points out the ‘‘improved mod-
                                                                                                                                                           Khalilzad was one of those saying: We
                                            careful, because it seems that our sen-                 eling approach which resulted in an es-
                                                                                                                                                           need to give them a strong central gov-
                                            iors are most at risk here and around                   timated range of deaths from between
                                                                                                                                                           ernment. You don’t want to have a fed-
                                            the world.                                              151,700 and 575,400 people who perished
                                                                                                                                                           eralist government like we have in
                                              ‘‘While COVID–19 seems to spread                      worldwide from 2009 H1N1 virus infec-
                                                                                                                                                           America where States have so much
                                            easily, the symptoms tend to be mild,                   tion during the first year the virus cir-
                                                                                                                                                           power, States and local government.
                                            particularly for people who are rel-                    culated. . . . ’’                                      Let’s just have a strong President.
                                            atively young and healthy. The SARS                       I don’t really have information on                     And we gave them a constitution
                                            and MERS outbreaks had significantly                    how many Americans died. Apparently,                   that we basically forced on them that




dlhill on DSKBBY8HB2PROD with HOUSE
                                            higher death rates. Meanwhile, sea-                     that 12,400 was just in the first year, so             made the President all powerful, near-
                                            sonal influenza remains an important                    no telling how many died during the 8                  ly.
                                            cause of respiratory illness that can                   years of the Obama administration.
                                            cause hospitalization and death . . . .                   So we have got more work to do, but                                 b 1315
                                              ‘‘As Dr. Robert Glatter, emergency                    I don’t think it is helpful to blame                     The President of Afghanistan ap-
                                            physician at New York City’s Lenox                      President Trump for trying to protect                  points the governors, he appoints the



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                                            March 5, 2020                                     CONGRESSIONAL RECORD — HOUSE                                                                 H1529
                                            mayors, and he appoints the police                      Afghanistan, we are all going to be killed,               I understand this Goodman speaking
                                            chiefs. What I hear from some of our                    and you won’t have any allies to fight with            for Minority Leader SCHUMER as say-
                                            Afghan friends is he will often, whether                you and for you when the Taliban hits you              ing, no, no, he was talking about Re-
                                                                                                    again.
                                            it was Karzai—Ghani is not as bad as                                                                           publican lawmakers. But if you look
                                            Karzai was, Ghani seems to be trying                       So, I hope we will quit taking advice               back at the quote, there is no mistake
                                            to do better—but sometimes they                         from a person, no matter how well-                     about what Senator SCHUMER said. He
                                            would appoint people who didn’t even                    meaning or not, who just proved to be                  said: ‘‘You have released the whirl-
                                            live in the province or the city to come                totally wrong in administration after                  wind, and you will pay the price.’’
                                            in and rule over it.                                    administration. I think that we can do                    This is after he has called out
                                              What our allies, who fought with us                   as the President truly wants to do, get                Kavanaugh and Gorsuch, ‘‘and you will
                                            and for us in initially defeating the                   out of Afghanistan and save American                   pay the price,’’ and if there is any ques-
                                            Taliban, had begged for is for our help                 lives.                                                 tion at all about whom the threat was
                                            to get Afghanistan to amend their con-                     Mr. Speaker, I want to address one                  intended to go to, he said: ‘‘You will
                                            stitution so they get to elect their gov-               other thing, and that is the comments                  not know what hit you if you go for-
                                            ernors, they would get to elect their                   of the minority leader of the Senate                   ward with these awful decisions.’’
                                            mayors, and they would get to select                    made at the Supreme Court rally.                          Now, these are not awful decisions he
                                            their own police chiefs because the                        There is an article here from FOX                   is threatening over by Republican law-
                                            constitution that we gave them is a                     News, Edmund DeMarche, which says:                     makers because the Republican law-
                                            formula for corruption.                                    ‘‘The American Bar Association said                 makers have nothing to do with the
                                              Who pays off the president to become                  on Wednesday that it is ‘deeply trou-                  Supreme Court decisions. And he says
                                            the governor or the mayor?                              bled’ by a comment made by Senate                      ‘‘decisions.’’
                                              That is a formula for corruption. It is               Minority Leader Chuck Schumer, Dem-                       This was a threat to two of our Su-
                                            easy to see when we gave them that                      ocrat, New York, outside the Supreme                   preme Court Justices, and that crosses
                                            constitution that is where it was head-                 Court that many said was a direct                      the line from disagreement—as all of
                                            ed.                                                     threat to two sitting Justices.                        us probably in this body have done
                                              As some of our former allies, the                        ‘‘Schumer was at a rally over a high-               from time to time and should because
                                            former Northern Alliance, have told                     profile abortion case while the case                   the Supreme Court is not perfect. They
                                            me:                                                     played out inside. Schumer named As-                   make mistakes. Dred Scott was, I
                                              Look, if we could elect our own governors,            sociate Justices Neil Gorsuch and                      think, probably the worst mistake the
                                            elect our own mayors like you do in Amer-               Brett Kavanaugh and, in an impas-                      Supreme Court has ever made, but they
                                            ica, and pick our own police chiefs, then, yes,         sioned speech, said: ‘You have released                have certainly made many more since
                                            we know—they have been saying this for                  the whirlwind, and you will pay the                    then, not to that level.
                                            years—we know you are going to have to pull             price. You will not know what hit you                     It is fine in America to disagree with
                                            out at some time. We understand. That is                if you go forward with these awful deci-               the Supreme Court. It is fine for Sen-
                                            fine. You don’t want to be an occupier, and             sions.’                                                ator SCHUMER to do that, but not when
                                            we don’t want you to be. But if you leave the                                                                  he threatens and says: ‘‘You will not
                                            president as all powerful and he picks the
                                                                                                       ‘‘Justin Goodman, a Schumer spokes-
                                                                                                    man, responded after Chief Justice                     know what hit you—’’ of course, the
                                            governors, mayors, and police chiefs, then all
                                                                                                    John Roberts issued a statement on                     term ‘‘hit’’ is an assaultive reference—
                                            the Taliban have got to do when you leave is
                                            either knock him off or corrupt him, and                what he called ‘threatening’ comments.                 ‘‘you will not know what hit you if you
                                            then they will control the whole country,               Goodman said that Schumer was ad-                      go forward with these awful decisions.’’
                                            and there is nothing we can do about it.                dressing Republican lawmakers when                        Now, he could be speaking of this
                                              In fact, all of us who fought with you                he said a ‘price’ would be paid.’’                     assaultive term figuratively, but re-
                                            Americans and helped defeat the Taliban—                   Now, I think it is very important to                gardless of whether it is figurative or
                                            actually they defeated the Taliban ini-
                                                                                                    note the difference between a threat                   literal, it is a threat upon two of our
                                            tially—they are all going to be dead. We are                                                                   Supreme Court Justices.
                                            going to all be dead, so that when the                  and total agreement with Supreme
                                                                                                                                                              Then, unfortunately, Senator SCHU-
                                            Taliban gets strong enough again, they at-              Court Justices. President Trump has
                                                                                                                                                           MER has doubled down by his coming
                                            tack you again and you come to Afghanistan              disagreed with things the Supreme
                                                                                                                                                           after Chief Justice John Roberts. I
                                            looking for allies, we are going to all be              Court has done or comments that have                   have certainly disagreed with him
                                            dead, and nobody is going to want to be your            been made. That is the American way.
                                            ally because you allowed us all to die when                                                                    plenty of times, but he did the appro-
                                                                                                    We can disagree whenever we want to.                   priate thing here in defending two of
                                            you allowed the Taliban to take back over.              People in this body, including me, have
                                              So, I would hope something that we                                                                           his Justices who were attacked or
                                                                                                    been very disagreeable with some of                    threatened. He doesn’t need to defend
                                            will work toward is helping the Af-                     the things the Supreme Court has
                                            ghans.                                                                                                         them when they are verbally attacked
                                                                                                    done, and it is very helpful to voice                  as so often happens in the Senate or
                                              I said: Well, what makes you think                    that.
                                            we could help you amend your own                                                                               the House, but certainly when they are
                                                                                                       As Natan Sharansky points out in his                threatened he needed to step up and he
                                            constitution?                                           book, ‘‘The Case for Democracy’’, he
                                              I was told: Well, you guys pay most                                                                          did so.
                                                                                                    says, there are basically two societies,                  For those who wonder, 18 U.S.C. sec-
                                            of our budget. If you say you are not                   a fear society and a free society. In a                tion 115 of the U.S. Code says: That
                                            going to pay the budget anymore, then                   free society he suggests an appropriate                whoever threatens to assault, kidnap,
                                            we will amend our constitution. If you                  test is if you can go into the town                    or murder a U.S. official, a U.S. judge,
                                            force us to do that, we will amend our                  square and say anything you want to                    a Federal law enforcement officer or an
                                            constitution, and we will get to elect                  as long as it is not a criminal state-                 official whose killing would be a crime
                                            our governors like you do, elect our                    ment, but otherwise you say whatever                   under such section—then it goes on and
                                            mayors like you do, and pick our own                    you want to, and if you don’t have to                  says—that person has committed a
                                            police chiefs like you do; and we won’t                 worry about arrest or being harmed,                    crime can be arrested.
                                            have people brought in through corrup-                  that is a free society.                                   So it is a crime just to threaten. I am
                                            tion or favoritism, and we will be capa-                   A fear society is one where you have                not sure the term ‘‘hit’’ would be ade-
                                            ble.                                                    to constantly be afraid because the                    quate to prove beyond a reasonable
                                              As Massoud said:                                      government may decide to swoop you                     doubt that an assault was threatened,
                                              Look, when you leave, if we get to elect              up or people may come beat you up for                  but something was threatened because
                                            our own governors and mayors and pick our               saying what you say.                                   they would not know what hit them,




dlhill on DSKBBY8HB2PROD with HOUSE
                                            own police chiefs, yeah, the Taliban may be                For many years this country has                     and that goes beyond the pale. As I un-
                                            able to take over one or two provinces, but
                                                                                                    been a free country, but even in a free                derstand it, people have been disbarred
                                            the rest of us will band together again, as we
                                            did in 2001 and 2002, and we will kick them             country where you can say whatever                     for making threats of that nature.
                                            out again. But if you leave us where the                you want, it crosses the line when you                    But we will see what happens. I cer-
                                            Taliban can take over complete control and              threaten individuals who are in govern-                tainly hope that there will be an apol-
                                            where all the control is in the president of            ment.                                                  ogy by Senator SCHUMER because we



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                                            H1530                                             CONGRESSIONAL RECORD — HOUSE                                                        March 5, 2020
                                            ought to disagree with the Supreme                      Mr. Speaker, with one of the places                    the property owners sat there with a
                                            Court when they are wrong or when we                    where he left off, and that is what hap-               constitutional guarantee in the Fifth
                                            think they are wrong, but no threats.                   pened before the United States Su-                     Amendment of the Constitution that
                                              This should be the last bastion of ci-                preme Court yesterday and the state-                   says: ‘‘nor shall private property be
                                            vility where we can come, we can dis-                   ments that were made by the minority                   taken for public use, without just com-
                                            agree, we can fuss at each other, we                    leader of the United States Senate.                    pensation.’’
                                            can complain, and we can expose igno-                     I may have a bit of a different per-                   That was the guarantee that, first of
                                            rance, but not threaten. There is no                    spective than some in this House or                    all, only governments could confiscate
                                            place for that in the House or in the                   Senate or across this land, but here is                property. They needed to maintain
                                            Senate.                                                 the language that was deemed offensive                 that within their own possession, and
                                              Mr. Speaker, I yield back the balance                 from Senator SCHUMER. I watched the                    it has to be for a public use. It can’t be
                                            of my time.                                             video, and he was pointing. He pointed                 for a private use. It was a private busi-
                                              The SPEAKER pro tempore (Mr.                          at the United States Supreme Court,                    ness that they handed that property
                                            MALINOWSKI). Members are reminded to                    and he used the names of two Supreme                   over to in New London, Connecticut.
                                            refrain from engaging in personalities                  Court Justices. He said this: ‘‘I want to                Mr. Speaker, when I listened to the
                                            toward Members of the Senate.                           tell you, Gorsuch, I want to tell you,                 argument, I expected the argument
                                                             f                                      Kavanaugh, you have released the                       would go back to the very language of
                                                                                                    whirlwind, and you will pay the price.                 the Fifth Amendment, and that would
                                            CONTINUATION OF THE NATIONAL                            You won’t know what hit you if you go                  be argued, perhaps, certainly, on both
                                              EMERGENCY WITH RESPECT TO                             forward with these awful decisions.’’                  sides. And I come down on the side of:
                                              VENEZUELA—MESSAGE             FROM                                                                           The Constitution means what it says,
                                              THE PRESIDENT OF THE UNITED                                             b 1330
                                                                                                                                                           and it means what it was understood to
                                              STATES (H. DOC. NO. 116–105)                            That was stunning. It was stunning                   mean at the time of ratification by the
                                                                                                    to hear two Justices called out in that                people who voted to ratify it.
                                              The SPEAKER pro tempore laid be-
                                                                                                    fashion before the Supreme Court. And                    We can’t go back and assign different
                                            fore the House the following message
                                                                                                    I know that there was a crowd over                     definitions to words or simply say that
                                            from the President of the United
                                                                                                    there that was happy to hear those                     it is a living, breathing Constitution
                                            States; which was read and, together
                                                                                                    words. But as a constitutionalist and                  that can adapt itself to changing
                                            with the accompanying papers, referred
                                                                                                    former chairman of the Constitution                    times. If that were the case, there
                                            to the Committee on Foreign Affairs
                                                                                                    Subcommittee in the House of Rep-                      wouldn’t be a provision to amend this
                                            and ordered to be printed:
                                                                                                    resentatives, I am troubled by the ef-                 Constitution provided by our Founding
                                            To the Congress of the United States:                   fort to try to sway judges through                     Fathers. The Constitution is an
                                              Section 202(d) of the National Emer-                  what appears to be verbal intimidation                 intergenerational, contractual guar-
                                            gencies Act (50 U.S.C. 1622(d)) provides                before the Supreme Court.                              antee between one generation of Amer-
                                            for the automatic termination of a na-                    I have stood on those same steps and                 icans to the next generation of Ameri-
                                            tional emergency unless, within 90                      delivered any number of speeches, but I                cans.
                                            days before the anniversary date of its                 always confine them to the constitu-                     So, I hoped to hear those—in fact, ex-
                                            declaration, the President publishes in                 tional principles that were involved. I                pected to hear—those arguments before
                                            the Federal Register and transmits to                   wanted the Justices to hear my speech.                 the United States Supreme Court.
                                            the Congress a notice stating that the                  I didn’t want them to ever hear it as a                What I heard instead were arguments
                                            emergency is to continue in effect be-                  threat. I wanted them to hear it as a                  that were made to Justice O’Connor,
                                            yond the anniversary date. In accord-                   rational approach in a way as if I were                and I think they considered her to be
                                            ance with this provision, I have sent to                actually arguing before that Supreme                   the swing vote. And she came down on,
                                            the Federal Register for publication the                Court, before that Bench.                              I believe, the constitutional side of it
                                            enclosed notice stating that the na-                      They are all well-learned and very,                  in the end. But there were just little
                                            tional emergency declared in Executive                  very capable people who are deeply                     tweaks that had to do with her back-
                                            Order 13692 of March 8, 2015, with re-                  steeped in our Constitution and in case                ground.
                                            spect to the situation in Venezuela is                  law. They have their different philoso-                  She was raised on a ranch. I think it
                                            to continue in effect beyond March 8,                   phies, and that is clear. We often see a               is a B&B ranch down in southern Ari-
                                            2020.                                                   5–4 decision on the Court.                             zona, and I think it goes across into
                                              The situation in Venezuela continues                    Mr. Speaker, I thought when I first                  New Mexico, as I recall. I read her
                                            to pose an unusual and extraordinary                    arrived in this town a number of years                 books years ago. And some of the ranch
                                            threat to the national security and for-                ago, I looked forward to going over to                 land that she grew up on was part of
                                            eign policy of the United States. For                   the Supreme Court to hear what I ex-                   the Gadsden Purchase that came in
                                            this reason, I have determined that it                  pected to be the profound constitu-                    right at the end of the U.S. and Mexi-
                                            is necessary to continue the national                   tional arguments before that Bench. So                 can war.
                                            emergency declared in Executive Order                   I began going over there for some of                     But growing up on a ranch, property
                                            13692 with respect to the situation in                  the important cases, with that expecta-                values matter, and property rights
                                            Venezuela.                                              tion. I recall sitting there, listening to             matter, and water rights matter in
                                                                 DONALD J. TRUMP.                   an argument before the Court, and I                    that part of the country. And her book
                                                    THE WHITE HOUSE, March 5, 2020.                 understood—actually, this would be                     is replete with those kinds of nar-
                                                             f                                      the Kelo decision before the Supreme                   ratives. It is a really interesting way
                                                                                                    Court. The Kelo decision is the decision               to get some insight into Justice O’Con-
                                                A THREAT TO TWO OF OUR                              that I believe amended the Constitu-                   nor. But she understood this case in a
                                                SUPREME COURT JUSTICES                              tion by the Supreme Court decision.                    way I didn’t know until later.
                                              The SPEAKER pro tempore. Under                          It was this. Let’s see, New London,                    But I came down here to the floor,
                                            the Speaker’s announced policy of Jan-                  Connecticut. There was property there                  and we brought a resolution in the
                                            uary 3, 2019, the Chair recognizes the                  that was owned and utilized by owners                  House of Representatives, a resolution
                                            gentleman from Iowa (Mr. KING) for 30                   who didn’t want to sell that property                  of disapproval to what was called the
                                            minutes.                                                to the developers. The local govern-                   Kelo decision. In that Kelo decision, it
                                              Mr. KING of Iowa. Mr. Speaker, I ap-                  ment wanted that property in the                       upheld the decision of local govern-
                                            preciate the privilege to be recognized                 hands of the developers because they                   ment in New London, Connecticut, to




dlhill on DSKBBY8HB2PROD with HOUSE
                                            to address you here on the floor of the                 would develop that property into, I be-                confiscate private property, houses and
                                            House of Representatives.                               lieve, a shopping mall, and then the                   residences that had a deed, and to take
                                              Having listened to the gentleman                      taxes would be the revenue going into                  that land and compensate them for
                                            ahead of me, Mr. LOUIE GOHMERT and                      local governments. So local govern-                    what they deemed the value was—con-
                                            some of the discussion that he had, I                   ments had an incentive in encouraging                  demnation—and hand them over to the
                                            would pick up with the beginning here,                  the development of the property, but                   private investors so they can take that



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                                            March 5, 2020                                     CONGRESSIONAL RECORD — HOUSE                                                                  H1531
                                            land, develop it, and make money with                     So, I wanted to put that in, that our                a more reasonable Court may be seated
                                            it. That is completely contrary to the                  Justices are human. And when they get                  at that time and restore the Constitu-
                                            reason that we have that guarantee                      threatened, those threats sometimes                    tion on the Kelo decision.
                                            within our Fifth Amendment.                             cut deep, and the family feels that.                      But my real point here is that we
                                              As I listened to those oral arguments                   These threats that were delivered                    can’t be seeking to intimidate the
                                            and saw how they were focused on Jus-                   yesterday in front of the United States                Court. They are human. Justice O’Con-
                                            tice O’Connor, I understood what was                    Supreme Court were threats that,                       nor—a gracious heart and a nice lady.
                                            going on. And that is, they weren’t pro-                might I say, intimidate judges. The ju-                And we used to have receptions over
                                            found constitutional arguments; they                    dicial branch of government, the Amer-                 there with the Committee on the Judi-
                                            were personalized arguments that were                   ican Bar Association, everybody in-                    ciary and members of the bench just to
                                            designed to get to the psyche of the                    volved in that feels that. And they                    take some of the temperature down be-
                                            swing Justice who was there. Of course,                 pride themselves in their independence.                tween the natural disagreements that
                                            it wasn’t Justice O’Connor, as it turned                  But I better conclude the Kelo deci-                 exist between the legislative branch
                                            out.                                                    sion before I get too far from it. In any              and the judicial branch of government.
                                              By the way, I have been critical of                   case, the Kelo decision came down, and                    Mr. Speaker, when you have the mi-
                                            some of her decisions—not on this one.                  they allowed for the confiscation of                   nority leader, the most powerful, high-
                                              Mr. Speaker, I want to put this nar-                  private property handed over to other                  est ranking Democrat in the United
                                            rative in the RECORD because I think                    private interests in order to generate                 States Senate, go stand before the Su-
                                            she is worthy of some significantly                     tax revenue for local government.                      preme Court, point his finger at that
                                            positive comments. And one of the de-                     That case still stands. But I was furi-              building that was behind him and say,
                                            cisions that she had made—a different                   ous that they would do such damage to                  ‘‘I want to tell you, Gorsuch; I want to
                                                                                                    the Constitution in a 5–4 decision. By                 tell you, Kavanaugh: You have released
                                            one, obviously, I was railing away on
                                                                                                                                                           the whirlwind, and you will pay the
                                            my disagreement with the rationale                      the way, Justice Scalia has said that
                                                                                                                                                           price. You won’t know what hit you if
                                            that Justice O’Connor had come down                     he believes that case will be overturned
                                                                                                                                                           you go forward with these awful deci-
                                            with. And so someone in the room said:                  one day.
                                                                                                                                                           sions.’’
                                            You shouldn’t criticize her until you                     But we brought a resolution of dis-
                                                                                                                                                              Going forward with an awful decision
                                            walk a mile in her shoes.                               approval to the floor. It is the only                  means CHUCK SCHUMER has already de-
                                              And I said: I would be happy to walk                  time that I know we have done that                     cided what he thinks the Court deci-
                                            a mile in her shoes. I will walk a thou-                and spoken out in that fashion on a Su-                sion is going to be on the requirements
                                            sand miles in her shoes. Appoint me to                  preme Court decision. I noticed that at                that are part of the, I will say, the
                                            the Supreme Court, and I will walk                      that time the gentleman from Massa-                    abortion laws that are coming out of
                                            with her. And I bet you I can convince                  chusetts, Barney Frank, came down to                   Louisiana. And I have been one of the
                                            her.                                                    give his speech. I was queued up next.                 lead voices on pro-life issues here in
                                              I made some remark like that. And                       Mr. Speaker, I sat right here with my                this United States House of Represent-
                                            then, as I was talking, I said: You know                notepad ready to take notes because I                  atives.
                                            what? If I can’t do that, why don’t I                   expected to get up and rebut most ev-                     There is on my lapel a heart that rep-
                                            just invite her to dinner?                              erything that I heard Mr. Frank say.                   resents the heartbeat bill. It is a bill
                                              So I followed through. I gave my                      We found ourselves in disagreement on                  that I introduced in the previous Con-
                                            word I would do that, and I went back                   issue after issue, so it was my full ex-               gress, and that bill protects unborn ba-
                                            to my desk in my office and sat down                    pectation that when he was finished                    bies. It essentially says this: If a heart-
                                            and wrote a letter to Justice O’Connor                  talking, I would have a page full of                   beat can be detected, the baby is pro-
                                            that invited her to a dinner, just to sit               things to stand up and rebut. That has                 tected.
                                            down, have a conversation, get to know                  been my style, and we had had many                        And we know that the heartbeat is
                                            each other, be civil with each other,                   debates like that.                                     the first, certain sign of life. When that
                                            and listen to each other’s philosophical                  But as I listened to Mr. Frank that                  heart starts to beat, you know that
                                            discussion.                                             day, I realized he had exactly the same                there is a live baby there. You can’t
                                              I sent the letter over there, not ex-                 opinion that I had. He expressed it a                  call it anything else. It is a live baby.
                                            pecting to get an affirmative response.                 little bit differently, but he came down                  And this little baby has all the com-
                                            But what I did get was an invitation to                 in support of the resolution of dis-                   ponents of a growing human being. It
                                            come to her chambers and do a lunch                     approval and in support of the Con-                    just needs to develop them out to full
                                            there. I don’t remember the year, but I                 stitution and in support of the prop-                  size and to full term.
                                            know the date was March 18 of what-                     erty rights that are there in the Fifth                   And anybody who has picked up and
                                            ever year it was, in the earlier part of                Amendment.                                             held—especially a loved one—a new-
                                            the previous decade.                                      Mr. Speaker, when I stepped up here                  born baby and gazed with awe at the
                                              So, I went over at that time, and she                 to this particular podium, my speech                   miracle in their hands has to know
                                            had a lunch all prepared. She had                       really was to reject the decision made                 that that baby’s life didn’t begin at the
                                            baked a pie that was, I presume, for me                 by the Supreme Court. And when I                       moment of birth or at the moment of
                                            because it was fresh. It was cut and                    spoke that in the RECORD, I said effec-                first breath and that that baby’s life
                                            served right there in her chambers.                     tively what they have done is they                     began well before a minute before the
                                                                                                                                                           baby was born.
                                            And we had a delightful discussion.                     have pulled the words out of the Fifth
                                                                                                                                                              Mr. Speaker, I know when I held my
                                              She took me from each of the por-                     Amendment ‘‘for public use.’’                          firstborn son, I looked at him in awe.
                                            traits of the Chief Justices and walked                   ‘‘Nor shall private property be taken
                                                                                                                                                           There was an aura about him. The mir-
                                            me through the history of the Courts,                   for public use, without just compensa-
                                                                                                                                                           acle was in my hands. And I thought:
                                            from the beginning all the way up to                    tion,’’ and the effect of it was to pull
                                                                                                                                                           How can anybody take his life now? He
                                            what was current at the time.                           the ‘‘for public use’’ out of there. Now,              is a few minutes old. How can anybody
                                              When I left that gracious dinner with                 the effect of the Fifth Amendment                      take his life now? How could they take
                                            Justice O’Connor, I decided she has a                   after the Kelo decision just says ‘‘nor                his life a minute before he was born, or
                                            good judgment on her; she has a good                    shall private property be taken, with-                 an hour before, or a day, or a week, or
                                            set of character; she has a compas-                     out just compensation,’’ which means                   a month before he was born? Or a tri-
                                            sionate heart, a deep understanding of                  the government can’t come in and take                  mester or three trimesters before he
                                            history and law. And disagreeing with                   your property away from you, unless                    was born? At what moment did his life
                                            her, that is all it is, just disagreeing                they write you a check, but they can                   begin? Because human life is sacred in




dlhill on DSKBBY8HB2PROD with HOUSE
                                            with the rationale.                                     give it to anybody they want to in the                 all its forms.
                                              But I am forever grateful that I took                 private sector.
                                            the trouble, and I am really grateful                     Whatever their motive might be, it                                     b 1345
                                            that she accepted the request that I                    was approved by the Supreme Court                         And we only have to choose when did
                                            made and then invited me over there to                  with the Kelo decision. And I think                    life begin. It is not that hard a ques-
                                            dinner.                                                 that will be abused at some point and                  tion. Because it is a continuum; it is a



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                                            H1532                                             CONGRESSIONAL RECORD — HOUSE                                                       March 5, 2020
                                            gradual growing continuum from the                      that that wisdom exists within all of                    And, by the way, today, he goes be-
                                            moment of conception on.                                our Justices, all nine of them over                    fore a Federal judge in Sioux City for
                                              But that heartbeat says this is a live                there, that payback to SCHUMER can’t                   sentencing.
                                            baby here. And when that heart stops,                   be in the cards from any decision that                   So I won’t comment any more on
                                            we call that death. When the heart                      would come down from the Court, it                     that, because I don’t want to be ac-
                                            starts, we know that is life. Even                      has got to be balanced and objective, as               cused of seeking to influence a decision
                                            though life began at the moment of                      described by Chief Justice Roberts, and                that may or may not have been made,
                                            conception, medically, we can’t pin-                    that they ‘‘continue to do their job,                  but it is ironic that I am here today
                                            point that precisely enough, but I am                   without fear or favor, from whatever                   having this discussion on Senator
                                            willing to go there if we can get there.                quarter.’’                                             SCHUMER while there is an individual
                                              Right now, we are at heartbeat. And                     I believe the Justices will stick to                 being sentenced for assaulting me back
                                            in the last Congress, I was able to get                 that, and I am hopeful that Senator                    in Iowa, which I believe is a clear re-
                                            174 cosponsors, and those 174 cospon-                   SCHUMER will learn not to utilize those                sult of this kind of radical rhetoric
                                            sors all signed on with an expectation                  tactics anymore.                                       that was poured out.
                                            that we would protect all babies. When                    This is the American Bar Associa-                      And it wasn’t based on truth, in my
                                            a heartbeat could be detected, the baby                 tion, the ABA. Their comments came                     case, when they attacked me. It was
                                            is protected.                                           down to this. They said they are ‘‘deep-               planned. It was orchestrated. It was
                                              We didn’t make exceptions for rape                    ly troubled’’ by SCHUMER’s remarks,                    ginned up. And then you have people
                                            or incest or any other provisions.                      that ‘‘there is no place for threats—                  out there that take that seriously.
                                            These babies are sacred. If there was a                 whether real or allegorical.’’                           And so that is what happened that
                                            crime committed that resulted in con-                     And then the ABA, American Bar As-                   day, and the sentencing is taking place
                                            ception, that is on the rapist; that is                 sociation, continued with this: ‘‘Per-                 today. I will trust the judge to make
                                            not on the baby. And those babies are                   sonal attacks on judges by any elected                 an objective decision. I have written
                                            as precious to God as my own grand-                     officials, including the President, are                my opinion in longhand and sent that
                                            children are to God; and, of course, my                 simply inappropriate. Such comments                    to the court for their consideration.
                                            grandchildren are extraordinarily pre-                  challenge the . . . independence of the                That is where I will leave that rec-
                                            cious to me.                                            judiciary and the personal safety of ju-               ommendation. I have had my chance to
                                              So I hope one day we get to that and                  dicial officers. . . . ’’                              weigh in.
                                            that question.                                            Well, Mr. Speaker, I know that is                      But let’s take this a little further,
                                              But as we move on, with this super-                   true. I know that when you turn up the                 Mr. Speaker, and that is on this con-
                                            aggressive utilization of freedom of                    dialogue and you hear this radical                     cept of freedom of speech. Now, there
                                            speech and Senator SCHUMER, I look                      rhetoric coming out of elected officials               are those that want to censure Senator
                                            back at some of this discussion. And                    in particular, things do happen out in                 SCHUMER, and it sounds like Senator
                                            Chief Justice Roberts had a response,                   our society. And the Chief Justice is                  HAWLEY is going to introduce a cen-
                                            which is exceptionally rare, to have a                  concerned that there could be acts of                  suring motion tomorrow in the Senate.
                                                                                                    potential violence that could be stimu-                  I am of the opinion that the most im-
                                            statement come out of the Supreme
                                                                                                    lated by that kind of dialogue.                        portant freedom we have is a robust
                                            Court. But out of the Chief Justice, he
                                                                                                      And I am hopeful that—Senator                        freedom of speech and that, if we let
                                            said, and I quote: ‘‘Threatening state-
                                                                                                    SCHUMER seemed to dial it down on the                  that be diminished by intimidation
                                            ments of this sort, from the highest                    floor of the Senate today. That is good.               tactics, let alone by any kind of laws
                                            levels of government, are not only in-                  I didn’t notice that he had called upon                that would perhaps be found unconsti-
                                            appropriate, they are dangerous.’’ And                  people to refrain from violence and re-                tutional—but watching the Kelo deci-
                                            Justices, quote, ‘‘will continue to do                  frain from threats. He did say that he                 sion, maybe not be found unconstitu-
                                            their job, without fear or favor, from                  is from the Bronx and they talk a little               tional.
                                            whatever      quarter.’’—Chief    Justice               more clearly there than other places. I                  I want the body to understand this,
                                            John Roberts.                                           don’t doubt that. But this language                    Mr. Speaker, that freedom of speech is
                                              I appreciate that language that the                   went to the world, and the world saw it                a precious, precious right, and our
                                            Justices will ‘‘continue to do their job,               today, Mr. Speaker.                                    Founding Fathers understood that if
                                            without fear or favor, from whatever                      And so I am hopeful that Senator                     you can’t speak, if you can’t speak
                                            quarter.’’ That language will live a                    SCHUMER will call upon his supporters                  freely, then you can’t convey your
                                            long time in the way that that is                       to calm down, be logical, make con-                    ideas at all. And then when you can’t
                                            adeptly put together, and that is how it                stitutional arguments, and refrain                     convey your ideas, they never get test-
                                            needs to be.                                            from that kind of rhetoric.                            ed against anybody else’s ideas or em-
                                              If we want to convince the Supreme                      And here are the consequences. I had                 bellished or supported by other people’s
                                            Court to take a new look at things, we                  some serious rhetoric applied against                  ideas, and that means, then, that
                                            need to make the constitutional argu-                   me over the last 11⁄2 years, and each of               human knowledge would diminish, it
                                            ments, Mr. Speaker, not the threat-                     those situations that were—a good                      would atrophy, and it would essentially
                                            ening arguments. And where I come                       number of them were manufactured                       stop forming around us.
                                            from, when somebody threatens you,                      firestorms that were fired at me.                        Our Founding Fathers envisioned a
                                            that means that you are done doing                        But also, we saw Members of this                     robust nation that would be regularly
                                            business with that person, and they are                 House of Representatives that went                     and constantly engaged in discussions
                                            very unlikely to get cooperation.                       forward and said, when people go into a                of public policy, like we are in Iowa as
                                              But there is another part of this that,               restaurant, when they stop to get gas                  the first-in-the-Nation caucus, like
                                            even though there would be a measure                    and you see them there, if they happen                 New Hampshire is, and let’s just say
                                            of justice involved if the decisions                    to be—I am not sure exactly how they                   South Carolina is among those States,
                                            made in the Supreme Court went                          defined it, but if they happen to be con-              too, where there is an intense focus on
                                            against the interests of Senator SCHU-                  servatives, go confront them, make                     politics, free discussion.
                                            MER, I would like to reiterate here into                their lives miserable. That kind of dis-                 I have spent time in Cuba and
                                            this CONGRESSIONAL RECORD, and I hope                   cussion was delivered from people who                  learned that they don’t have that free-
                                            it echoes across this land, that, if you                sit over on this side of the aisle, and it             dom. They are afraid—even among
                                            think you are going to get even with                    had its physical results.                              their families sitting around the table,
                                            somebody, the result in this business,                    It had its physical results, at least in             they are afraid to speak to each other
                                            whether it is in the legislative, the ex-               my case, where I sat down in a res-                    because there might be an informant




dlhill on DSKBBY8HB2PROD with HOUSE
                                            ecutive, or the judicial branch of gov-                 taurant last April, and from com-                      among them that has been hired by
                                            ernment, if you think you are going to                  pletely outside my peripheral vision, I                the, at that time, Castro administra-
                                            get even with somebody, you invari-                     was assaulted. That individual has                     tion. So they don’t speak to each other
                                            ably hurt the wrong people.                             been convicted of assaulting a Federal                 about those things. They don’t criti-
                                              And so that is not an avenue that has                 officer, or a United States Congress-                  cize. They accept what government
                                            merit, and I hope that and I expect                     man. There is a provision for that.                    serves up to them.



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                                            March 5, 2020                                     CONGRESSIONAL RECORD — HOUSE                                                                       H1533
                                              That is what King George wanted to                    created; second of all, nobody could                   Inspection Service, Department of Agri-
                                            happen in this country. And if our                      have understood it. You have got to                    culture, transmitting the Department’s final
                                            predecessors here, the revolutionary                    have the interactivity of minds.                       rule — Lacey Act Implementation Plan: De
                                                                                                      And people will say: We have the Sec-                Minimis Exception [Docket No.: APHIS-2013-
                                            Founding Fathers, had accepted the
                                                                                                                                                           0055] (RIN: 0579-AD44) received March 3, 2020,
                                            edict from King George, we would have                   ond Amendment; therefore, we are
                                                                                                                                                           pursuant to 5 U.S.C. 801(a)(1)(A); Public Law
                                            never developed this great Nation that                  never going to lose our freedom of                     104-121, Sec. 251; (110 Stat. 868); to the Com-
                                            we are. We would be stuck back in the                   speech. I don’t see anybody using the                  mittee on Agriculture.
                                            mud somewhere back there, because                       Second Amendment to defend their                         4038. A letter from the Director, Defense
                                            our ideas wouldn’t have been brought                    freedom of speech, and I don’t rec-                    Security Cooperation Agency, Department of
                                            forward. They wouldn’t have been test-                  ommend that they do. We have to uti-                   Defense, transmitting Transmittal No. 20-09,
                                            ed against each other, then creating                    lize our freedom of speech and push                    proposed Letter(s) of Offer and Acceptance,
                                                                                                    back when it is diminished.                            pursuant to Section 36(b)(1) of the Arms Ex-
                                            other new ideas.                                                                                               port Control Act, as amended; to the Com-
                                              And, you know, we are the Nation                        So I am not calling for a sanction on
                                                                                                                                                           mittee on Foreign Affairs.
                                            that produces more patents, more cre-                   Senator SCHUMER. I am saying this:                       4039. A letter from the Chairman, Council
                                            ativity, than any other nation in the                     Senator SCHUMER, you know what                       of the District of Columbia, transmitting
                                            world by far. We are so good at this and                you said. You know whether it is right                 D.C. Act 23-228, ‘‘Closing of a Portion of 4th
                                            we create so much with our intellec-                    or wrong. You have to operate in an                    Street, N.E., and a Public Alley in Square
                                            tual freedoms that we have that are                     arena over there and get reelected by                  3765, S.O. 18-41561, Act of 2020’’, pursuant to
                                            tied into freedom of speech that the                    the people in your district. Let we, the               Public Law 93-198, Sec. 602(c)(1); (87 Stat.
                                                                                                    people, decide. Not a leader here in the               814); to the Committee on Oversight and Re-
                                            Chinese look to us and they steal a half                                                                       form.
                                            a trillion dollars worth of American in-                Senate, not a leader here in the House,
                                                                                                                                                             4040. A letter from the Chairman, Council
                                            tellectual property every year—a half a                 but let we, the people, decide.
                                                                                                                                                           of the District of Columbia, transmitting
                                                                                                      And, in fact, as a former chairman of
                                            trillion dollars. And that doesn’t in-                                                                         D.C. Act 23-243, ‘‘Direct Support Professional
                                                                                                    the Constitution Committee, the three                  Payment Rate Act of 2020’’, pursuant to Pub-
                                            clude what they steal through cyber.
                                                                                                    branches of government, there are ten-                 lic Law 93-198, Sec. 602(c)(1); (87 Stat. 814); to
                                            That is called IP piracy.
                                              I have been over to China. Years ago,                 sions between each of those. Our                       the Committee on Oversight and Reform.
                                            I wrote a bill from Beijing that called                 Founding Fathers didn’t envision that                    4041. A letter from the Chairman, Council
                                                                                                    they would be equal. They believed the                 of the District of Columbia, transmitting
                                            upon the U.S. Trade Representative to                                                                          D.C. Act 23-219, ‘‘Housing Conversion and
                                            conduct a study to determine the value                  judicial branch would be the weakest of
                                                                                                    the three. But they knew there would                   Eviction Clarification Amendment Act of
                                            of U.S. intellectual property that is                                                                          2020’’, pursuant to Public Law 93-198, Sec.
                                            stolen by the Chinese, apply a duty on                  be tension as that territory got marked
                                                                                                                                                           602(c)(1); (87 Stat. 814); to the Committee on
                                            all products coming to the United                       out, and there is always going to be a                 Oversight and Reform.
                                            States from China in an amount equal                    gray area where there is a little bit of                 4042. A letter from the Chairman, Council
                                            to that loss, and then collect that and                 a tug-of-war over who has what terri-                  of the District of Columbia, transmitting
                                            distribute it to the rightful property                  tory.                                                  D.C. Act 23-227, ‘‘Student Access to Treat-
                                                                                                      But in the end, if you analyze it—I                  ment Amendment Act of 2020’’, pursuant to
                                            rights holders. That was a bill then. It                                                                       Public Law 93-198, Sec. 602(c)(1); (87 Stat.
                                                                                                    can make your argument for the legis-
                                            is still a good idea today, but they have                                                                      814); to the Committee on Oversight and Re-
                                                                                                    lature, even the House and the Senate.
                                            accelerated their piracy.                                                                                      form.
                                              Mr. Speaker, to give you an example                   I can make it for the executive branch.                  4043. A letter from the Chairman, Council
                                            of how this works, we know a little bit                 I can make it for the judicial branch.                 of the District of Columbia, transmitting
                                            about how freedom of speech, thought,                   But in the end, if any branch of govern-               D.C. Act 23-226, ‘‘Urban Farming Land Lease
                                            and expression works in the United                      ment gets out of whack, that means                     Amendment Act of 2020’’, pursuant to Public
                                            States because we see—actually, in the                  out of sync with the American people,                  Law 93-198, Sec. 602(c)(1); (87 Stat. 814); to the
                                                                                                    we, the people, solve that problem in                  Committee on Oversight and Reform.
                                            past, we have seen a more robust free-                                                                           4044. A letter from the Chairman, Council
                                            dom of speech on our campuses. Today,                   the election box.
                                                                                                      Sometimes it takes time. But that is                 of the District of Columbia, transmitting
                                            they are diminishing freedom of speech                                                                         D.C. Act 23-220, ‘‘Tingey Square Designation
                                                                                                    the best solution is for we, the people,
                                            on the campuses. They are defining                                                                             Act of 2020’’, pursuant to Public Law 93-198,
                                                                                                    to make that decision, not a decision                  Sec. 602(c)(1); (87 Stat. 814); to the Committee
                                            things as hate speech and trigger words
                                                                                                    that sanctions freedom of speech, di-                  on Oversight and Reform.
                                            and safe places. We don’t need that. We
                                                                                                    minishes freedom of speech, or intimi-                   4045. A letter from the Chairman, Council
                                            have got to be strong enough to face
                                                                                                    dates people so that they don’t utilize                of the District of Columbia, transmitting
                                            language and let it flow and then ac-                                                                          D.C. Act 23-225, ‘‘Abandonment of the High-
                                                                                                    their freedom of speech, because we
                                            commodate ourselves in a way that we                                                                           way Plan for Eastern and Anacostia Ave-
                                                                                                    have got to remain the most creative
                                            are not influenced if it isn’t logical or                                                                      nues, N.E., S.O. 19-47912, Act of 2020’’, pursu-
                                                                                                    society in the history of the world, and
                                            rational.                                                                                                      ant to Public Law 93-198, Sec. 602(c)(1); (87
                                              The Greeks, for example, in their                     in doing so, we will be the most suc-                  Stat. 814); to the Committee on Oversight
                                            city-states, would banish a demagogue                   cessful people also in the history of the              and Reform.
                                            for 7 years from the city-state because                 world.                                                   4046. A letter from the Chairman, Council
                                                                                                      Mr. Speaker, I yield back the balance                of the District of Columbia, transmitting
                                            they didn’t like what he had to say,
                                                                                                    of my time.                                            D.C. Act 23-221, ‘‘Alethia Tanner Park Des-
                                            and that wasn’t constructive.                                                                                  ignation Act of 2020’’, pursuant to Public
                                              But what is constructive is our free-                                   f
                                                                                                                                                           Law 93-198, Sec. 602(c)(1); (87 Stat. 814); to the
                                            dom of speech, our young people sitting                             ADJOURNMENT                                Committee on Oversight and Reform.
                                            in college, sitting up all night long dis-                Mr. KING of Iowa. Mr. Speaker, I                       4047. A letter from the Chairman, Council
                                            cussing metaphysics till the Sun comes                  move that the House do now adjourn.                    of the District of Columbia, transmitting
                                            up, new ideas: What is the limitation                                                                          D.C. Act 23-224, ‘‘Abandonment of the High-
                                                                                                      The motion was agreed to; accord-
                                            on what we can do with science? with                                                                           way Plan for a Portion of 39th Street, N.W.,
                                                                                                    ingly (at 1 o’clock and 58 minutes                     S.O. 18-41885, Act of 2020’’, pursuant to Public
                                            math? with space travel? All of those                   p.m.), under its previous order, the                   Law 93-198, Sec. 602(c)(1); (87 Stat. 814); to the
                                            things that have made America the                       House adjourned until Monday, March                    Committee on Oversight and Reform.
                                            leader in the world, they are all tied                  9, 2020, at noon for morning-hour de-                    4048. A letter from the Chairman, Council
                                            back to freedom of speech.                              bate.                                                  of the District of Columbia, transmitting
                                              If you can’t speak, you can’t express                                                                        D.C. Act 23-223, ‘‘Polystyrene Food Service
                                                                                                                      f
                                            your thoughts. You can’t just hold                                                                             Product and Packaging Prohibition Amend-
                                            your thoughts in your head and think                      EXECUTIVE COMMUNICATIONS,                            ment Act of 2020’’, pursuant to Public Law




dlhill on DSKBBY8HB2PROD with HOUSE
                                            you are going to do something good                                       ETC.                                  93-198, Sec. 602(c)(1); (87 Stat. 814); to the
                                            with them. If we had taken Albert Ein-                                                                         Committee on Oversight and Reform.
                                                                                                      Under clause 2 of rule XIV, executive                  4049. A letter from the Chairman, Council
                                            stein and sat him into a phone booth                    communications were taken from the                     of the District of Columbia, transmitting
                                            and said, ‘‘We will let you out when                    Speaker’s table and referred as follows:               D.C. Act 23-222, ‘‘Accounting Clarification
                                            you write the theory of relativity,’’                     4037. A letter from the Congressional Re-            for Real Estate Professionals Amendment
                                            first of all, it never would have been                  view Coordinator, Animal and Plant Health              Act of 2020’’, pursuant to 5 U.S.C. 801(a)(1)(A);




                                      VerDate Sep 11 2014   04:04 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00027   Fmt 4634   Sfmt 0634   E:\CR\FM\K05MR7.061   H05MRPT1
                                            H1534                                             CONGRESSIONAL RECORD — HOUSE                                                           March 5, 2020
                                            Public Law 104-121, Sec. 251; (110 Stat. 868); to       Transportation, transmitting the Depart-               Social Security Administration, transmit-
                                            the Committee on Oversight and Reform.                  ment’s final rule — Airworthiness Direc-               ting the Administration’s final rule — Ex-
                                              4050. A letter from the Acting Chief, Regu-           tives; Bombardier, Inc., Airplanes [Docket             tension of Expiration Dates for Three Body
                                            lations and Standards Branch, Bureau of                 No.: FAA-2020-0100; Product Identifier 2020-           System Listings [Docket NO.: SSA-2020-0001]
                                            Safety and Environmental Enforcement, De-               NM-016-AD; Amendment 39-19845; AD 2020-03-             (RIN: 0960-AI46) received March 3, 2020, pur-
                                            partment of the Interior, transmitting the              21] (RIN: 2120-AA64) received February 28,             suant to 5 U.S.C. 801(a)(1)(A); Public Law 104-
                                            Department’s final rule — Oil and Gas and               2020, pursuant to 5 U.S.C. 801(a)(1)(A); Public        121, Sec. 251; (110 Stat. 868); to the Committee
                                            Sulfur Operations on the Outer Continental              Law 104-121, Sec. 251; (110 Stat. 868); to the         on Ways and Means.
                                            Shelf —— Civil Penalty Inflation Adjust-                Committee on Transportation and Infra-                                   f
                                            ment [Docket ID: BSEE-2020-0001; 20E1700DX              structure.
                                            ET1SF0000.EAQ000 EEEE500000] (RIN: 1014-                  4058. A letter from the Management and                  REPORTS OF COMMITTEES ON
                                            AA47) received March 4, 2020, pursuant to 5             Program Management, FAA, Department of                  PUBLIC BILLS AND RESOLUTIONS
                                            U.S.C. 801(a)(1)(A); Public Law 104-121, Sec.           Transportation, transmitting the Depart-
                                                                                                                                                             Under clause 2 of rule XIII, reports of
                                            251; (110 Stat. 868); to the Committee on the           ment’s final rule — Airworthiness Direc-
                                            Judiciary.                                              tives; Airbus SAS Airplanes [Docket No.:               committees were delivered to the Clerk
                                              4051. A letter from the Management and                FAA-2016-6143; Product Identifier 2015-NM-             for printing and reference to the proper
                                            Program Analyst, FAA, Department of                     028-AD; Amendment 39-19821; AD 2020-01-15]             calendar, as follows:
                                            Transportation, transmitting the Depart-                (RIN: 2120-AA64) received February 28, 2020,             Mr. NADLER: Committee on the Judici-
                                            ment’s final rule — Airworthiness Direc-                pursuant to 5 U.S.C. 801(a)(1)(A); Public Law          ary. H.R. 5581. A bill to clarify the rights of
                                            tives; Bombardier, Inc., Airplanes [Docket              104-121, Sec. 251; (110 Stat. 868); to the Com-        all persons who are held or detained at a port
                                            No.: FAA-2019-0720; Product Identifier 2019-            mittee on Transportation and Infrastruc-               of entry or at any detention facility overseen
                                            NM-117-AD; Amendment 39-19831; AD 2020-02-              ture.                                                  by U.S. Customs and Border Protection or
                                            19] (RIN: 2120-AA64) received February 28,                4059. A letter from the Management and               U.S. Immigration and Customs Enforcement;
                                            2020, pursuant to 5 U.S.C. 801(a)(1)(A); Public         Program Analyst, FAA, Department of                    with an amendment (Rept. 116–412, Pt. 1). Re-
                                            Law 104-121, Sec. 251; (110 Stat. 868); to the          Transportation, transmitting the Depart-               ferred to the Committee of the Whole House
                                            Committee on Transportation and Infra-                  ment’s final rule — Airworthiness Direc-               on the state of the Union.
                                            structure.                                              tives; Bell Helicopter Textron Inc. Heli-                Mr. NADLER: Committee on the Judici-
                                              4052. A letter from the Management and                copters [Docket No.: FAA-2017-0052; Product            ary. H.R. 2214. A bill to transfer and limit
                                            Program Analyst, FAA, Department of                     Identifier 2016-SW-081-AD; Amendment 39-               Executive Branch authority to suspend or re-
                                            Transportation, transmitting the Depart-                21024; AD 2020-02-11] (RIN: 2120-AA64) received        strict the entry of a class of aliens; with an
                                            ment’s final rule — Airworthiness Direc-                February 28, 2020, pursuant to 5 U.S.C.                amendment (Rept. 116–413, Pt. 1). Referred to
                                            tives; The Boeing Company Airplanes [Dock-              801(a)(1)(A); Public Law 104-121, Sec. 251; (110       the Committee of the Whole House on the
                                            et No.: FAA-2019-0525; Product Identifier               Stat. 868); to the Committee on Transpor-              state of the Union.
                                            2019-NM-076-AD; Amendment 39-19824; AD                  tation and Infrastructure.                                        DISCHARGE OF COMMITTEE
                                            2020-01-18] (RIN: 2120-AA64) received Feb-                4060. A letter from the Management and
                                                                                                                                                             Pursuant to clause 2 of rule XIII, the
                                            ruary 28, 2020, pursuant to 5 U.S.C.                    Program Analyst, FAA, Department of
                                            801(a)(1)(A); Public Law 104-121, Sec. 251; (110        Transportation, transmitting the Depart-               Committees on Foreign Affairs, Home-
                                            Stat. 868); to the Committee on Transpor-               ment’s final rule — Airworthiness Direc-               land Security, and Intelligence (Per-
                                            tation and Infrastructure.                              tives; Airbus Helicopters [Docket No.: FAA-            manent Select) discharged from fur-
                                              4053. A letter from the Management and                2020-0125; Product Identifier 2019-SW-104-AD;          ther consideration. H.R. 2214 referred
                                            Program Analyst, FAA, Department of                     Amendment 39-21027; AD 2020-02-23] (RIN:               to the Committee of the Whole House
                                            Transportation, transmitting the Depart-                2120-AA64) received February 28, 2020, pursu-          on the state of the Union.
                                            ment’s final rule — Airworthiness Direc-                ant to 5 U.S.C. 801(a)(1)(A); Public Law 104-            Pursuant to clause 2 of rule XIII, the
                                            tives; Leonardo S.p.A. Helicopters [Docket              121, Sec. 251; (110 Stat. 868); to the Committee       Committee on Homeland Security dis-
                                            No.: FAA-2020-0150; Product Identifier 2019-            on Transportation and Infrastructure.
                                            SW-063-AD; Amendment 39-21028; AD 2020-03-                4061. A letter from the Management and               charged from further consideration.
                                            13] (RIN: 2120-AA64) received February 28,              Program Analyst, FAA, Department of                    H.R. 5581 referred to the Committee of
                                            2020, pursuant to 5 U.S.C. 801(a)(1)(A); Public         Transportation, transmitting the Depart-               the Whole House on the state of the
                                            Law 104-121, Sec. 251; (110 Stat. 868); to the          ment’s final rule — Airworthiness Direc-               Union.
                                            Committee on Transportation and Infra-                  tives; Sikorsky Aircraft Corporation Heli-                               f
                                            structure.                                              copters [Docket No.: FAA-2019-0663; Product
                                              4054. A letter from the Management and                Identifier 2018-SW-057-AD; Amendment 39-                PUBLIC BILLS AND RESOLUTIONS
                                            Program Analyst, FAA, Department of                     21025; AD 2020-02-17] (RIN: 2120-AA64) received          Under clause 2 of rule XII, public
                                            Transportation, transmitting the Depart-                February 28, 2020, pursuant to 5 U.S.C.                bills and resolutions of the following
                                            ment’s Major final rule — Pilot Professional            801(a)(1)(A); Public Law 104-121, Sec. 251; (110
                                            Development [Docket No.: FAA-2014-0504;                                                                        titles were introduced and severally re-
                                                                                                    Stat. 868); to the Committee on Transpor-
                                            Amdt. Nos.: 61-144; 91-356; 121-382; and 135-142]       tation and Infrastructure.                             ferred, as follows:
                                            (RIN: 2120-AJ87) received February 28, 2020,              4062. A letter from the Chief, Publications                 By Mr. DUNN (for himself and Mr.
                                            pursuant to 5 U.S.C. 801(a)(1)(A); Public Law           and Regulations Branch, Internal Revenue                       CUNNINGHAM):
                                            104-121, Sec. 251; (110 Stat. 868); to the Com-         Service, transmitting the Service’s IRB only              H.R. 6092. A bill to direct the Secretary of
                                            mittee on Transportation and Infrastruc-                rule — 2020 Calendar Year Resident Popu-               Veterans Affairs to establish a national clin-
                                            ture.                                                   lation Figures (Notice 2020-10) received               ical pathway for prostate cancer, access to
                                              4055. A letter from the Management and                March 3, 2020, pursuant to 5 U.S.C.                    life-saving extending precision clinical trials
                                            Program Analyst, FAA, Department of                     801(a)(1)(A); Public Law 104-121, Sec. 251; (110       and research, and for other purposes; to the
                                            Transportation, transmitting the Depart-                Stat. 868); to the Committee on Ways and               Committee on Veterans’ Affairs.
                                            ment’s final rule — Airworthiness Direc-                Means.                                                        By Mr. DUNN:
                                            tives; Airbus SAS Airplanes [Docket No.:                  4063. A letter from the Chief, Publications             H.R. 6093. A bill to amend title 38, United
                                            FAA-2020-0093; Product Identifier 2020-NM-              and Regulations Branch, Internal Revenue               States Code, to extend the authority of the
                                            026-AD; Amendment 39-19837; AD 2020-03-12]              Service, transmitting the Service’s IRB only           Secretary of Veterans Affairs to continue to
                                            (RIN: 2120-AA64) received February 28, 2020,            rule — Exemption from Section 6048 Report-             pay educational assistance or subsistence al-
                                            pursuant to 5 U.S.C. 801(a)(1)(A); Public Law           ing With Respect to Certain Tax-Favored                lowances to eligible persons when edu-
                                            104-121, Sec. 251; (110 Stat. 868); to the Com-         Foreign Retirement and Non-Retirement                  cational institutions are closed; to the Com-
                                            mittee on Transportation and Infrastruc-                Savings Trusts (Rev. Proc. 2020-17) received           mittee on Veterans’ Affairs.
                                            ture.                                                   March 3, 2020, pursuant to 5 U.S.C.                           By Mr. ENGEL (for himself, Mr.
                                              4056. A letter from the Management and                801(a)(1)(A); Public Law 104-121, Sec. 251; (110               MCCAUL, Ms. BASS, Mr. SMITH of New
                                            Program Analyst, FAA, Department of                     Stat. 868); to the Committee on Ways and                       Jersey, Mr. MCGOVERN, Mr. KILDEE,
                                            Transportation, transmitting the Depart-                Means.                                                         and Ms. LEE of California):
                                            ment’s final rule — Airworthiness Direc-                  4064. A letter from the Chief, Publications             H.R. 6094. A bill to support a civilian-led
                                            tives; Bombardier, Inc., Airplanes [Docket              and Regulations Branch, Internal Revenue               democratic transition, promote account-
                                            No.: FAA-2019-0720; Product Identifier 2019-            Service, transmitting the Service’s IRB only           ability for human rights abuses, and encour-
                                            NM-117-AD; Amendment 39-19831; AD 2020-02-              rule — Beginning of Construction for the               age fiscal transparency in Sudan, and for




dlhill on DSKBBY8HB2PROD with HOUSE
                                            19] (RIN: 2120-AA64) received February 28,              Credit for Carbon Oxide Sequestration under            other purposes; to the Committee on Foreign
                                            2020, pursuant to 5 U.S.C. 801(a)(1)(A); Public         Section 45Q (Notice 2020-12) received March 3,         Affairs, and in addition to the Committees
                                            Law 104-121, Sec. 251; (110 Stat. 868); to the          2020, pursuant to 5 U.S.C. 801(a)(1)(A); Public        on the Judiciary, and Financial Services, for
                                            Committee on Transportation and Infra-                  Law 104-121, Sec. 251; (110 Stat. 868); to the         a period to be subsequently determined by
                                            structure.                                              Committee on Ways and Means.                           the Speaker, in each case for consideration
                                              4057. A letter from the Management and                  4065. A letter from the Regulations Writer,          of such provisions as fall within the jurisdic-
                                            Program Analyst, FAA, Department of                     Office of Regulations and Reports Clearance,           tion of the committee concerned.




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                                            March 5, 2020                                     CONGRESSIONAL RECORD — HOUSE                                                                    H1535
                                                  By Mr. KING of Iowa:                              subsequently determined by the Speaker, in             sions as fall within the jurisdiction of the
                                              H.R. 6095. A bill to designate the facility of        each case for consideration of such provi-             committee concerned.
                                            the United States Postal Service located at             sions as fall within the jurisdiction of the                  By Mr. KATKO (for himself and Mr.
                                            214 Jackson Street in Sioux City, Iowa, as              committee concerned.                                            KILDEE):
                                            the ‘‘General George ‘Bud’ Day Post Office                    By Mr. BOST (for himself and Ms.                   H.R. 6113. A bill to establish an Advanced
                                            Building’’; to the Committee on Oversight                        CRAIG):                                       Research Projects Agency-Water, and for
                                            and Reform.                                               H.R. 6104. A bill to amend title 23, United          other purposes; to the Committee on
                                                  By Mr. MCNERNEY (for himself, Mr.                 States Code, to direct the Secretary of                Science, Space, and Technology.
                                                    BILIRAKIS, Mr. OLSON, and Ms.                   Transportation to set aside certain funds to                  By Mr. KHANNA:
                                                    GABBARD):                                       provide parking for commercial motor vehi-               H.R. 6114. A bill to amend chapter 37 of
                                              H.R. 6096. A bill to improve oversight by             cles on the Federal-aid highway system, and            title 18, United States Code, to authorize ap-
                                            the Federal Communications Commission of                for other purposes; to the Committee on                propriate disclosure of classified informa-
                                            the wireless and broadcast emergency alert              Transportation and Infrastructure.                     tion, to appropriately limit the scope of the
                                            systems; to the Committee on Energy and                       By Mr. CÁRDENAS (for himself and                offense of disclosing classified information,
                                            Commerce, and in addition to the Committee                       Ms. SCHRIER):                                 and for other purposes; to the Committee on
                                            on Transportation and Infrastructure, for a               H.R. 6105. A bill to ban certain small, high-        the Judiciary.
                                            period to be subsequently determined by the             powered magnets, and for other purposes; to                   By Mr. LATTA (for himself, Mr.
                                            Speaker, in each case for consideration of              the Committee on Energy and Commerce.                           CHABOT, Mr. STEWART, Mr. GIBBS, Mr.
                                            such provisions as fall within the jurisdic-                  By Ms. JUDY CHU of California (for                        WEBER of Texas, Mr. AMODEI, Mr.
                                            tion of the committee concerned.                                 herself, Mr. VARGAS, Ms. NORTON, and                   STIVERS, Mr. RODNEY DAVIS of Illi-
                                                  By Mr. LAMB (for himself and Mr.                           Mr. GRIJALVA):                                         nois, and Mr. REED):
                                                    NEWHOUSE):                                        H.R. 6106. A bill to strengthen student                H.R. 6115. A bill to direct the Secretary of
                                              H.R. 6097. A bill to provide for a program of         achievement and graduation rates and pre-              Defense to establish performance measures
                                            nuclear energy research, development, dem-              pare children and youth for college, careers,          regarding the Credentialing Opportunities
                                            onstration, and commercialization, and for              and citizenship through innovative partner-            On-Line programs of the Armed Forces; to
                                            other purposes; to the Committee on                     ships that meet the comprehensive needs of             the Committee on Armed Services.
                                            Science, Space, and Technology.                         children and youth; to the Committee on                       By Mr. LUETKEMEYER (for himself,
                                                  By Ms. BARRAGÁN:                                 Education and Labor, and in addition to the                     Mr. MCHENRY, Mr. LUCAS, Mr. POSEY,
                                              H.R. 6098. A bill to amend title XXI of the           Committee on Energy and Commerce, for a                         Mr. HUIZENGA, Mr. STIVERS, Mrs.
                                            Social Security Act to allow States to ex-              period to be subsequently determined by the                     WAGNER, Mr. BARR, Mr. ZELDIN, Mr.
                                            pand income eligibility standards under the             Speaker, in each case for consideration of                      MOONEY of West Virginia, Mr. TIP-
                                            Children’s Health Insurance Program, and                such provisions as fall within the jurisdic-                    TON, Mr. TIMMONS, Mr. KUSTOFF of
                                            for other purposes; to the Committee on En-             tion of the committee concerned.                                Tennessee,      Mr.      BUDD,    Mr.
                                            ergy and Commerce.                                            By Mr. COHEN:                                             LOUDERMILK,      Mr.     EMMER,   Mr.
                                                  By Mr. BUDD (for himself, Mr. LATTA,                H.R. 6107. A bill to amend the Elementary                     GOODEN, Mr. HOLLINGSWORTH, Mr.
                                                    Mr. ALLEN, Mr. MARSHALL, Mr. NOR-               and Secondary Education Act of 1965 to im-                      GONZALEZ of Ohio, Mr. JOHN W. ROSE
                                                    MAN, Mr. BISHOP of North Carolina,              prove diversity in accelerated student learn-                   of   Tennessee,     Mr.   STEIL,  Mr.
                                                    Mr. LAMBORN, Mrs. HARTZLER, Mr.                 ing programs; to the Committee on Edu-                          RIGGLEMAN, Mr. DAVIDSON of Ohio,
                                                    BABIN, Mr. BANKS, Mr. HICE of Geor-             cation and Labor.                                               Mr. TAYLOR, Mr. HILL of Arkansas,
                                                    gia, Mr. ADERHOLT, Mr. MOONEY of                      By Mr. CONNOLLY (for himself, Mr.                         and Mr. WILLIAMS):
                                                    West Virginia, Mr. GOHMERT, Mr.                          SARBANES, and Ms. WEXTON):                      H.R. 6116. A bill to amend the Consumer
                                                    GAETZ, Mr. KELLY of Pennsylvania,                 H.R. 6108. A bill to amend title 5, United           Financial Protection Act of 2010 to make the
                                                    Mr. MURPHY of North Carolina, Mr.               States Code, to improve Federal agency tele-           Bureau of Consumer Financial Protection an
                                                    MEADOWS, Mr. WALBERG, Mr. CLINE,                working programs, and for other purposes; to           independent Consumer Financial Protection
                                                    Mr. CLOUD, and Mr. ABRAHAM):                    the Committee on Oversight and Reform.                 Commission, and for other purposes; to the
                                              H.R. 6099. A bill to ensure equal treatment                 By Mr. COX of California (for himself,           Committee on Financial Services.
                                            of faith-based organizations participating in                    Ms. JOHNSON of Texas, Mr. RYAN, Mr.                  By Mr. MCCAUL (for himself, Mrs.
                                            programs of the Department of Health and                         NADLER, Mr. BLUMENAUER, Ms. GAR-                       WAGNER, Ms. HOULAHAN, and Ms.
                                            Human Services, and for other purposes; to                       CIA of Texas, Ms. MENG, Ms. SCHRIER,                   FRANKEL):
                                            the Committee on Energy and Commerce,                            Mr. KHANNA, Mr. TONKO, and Mr.                  H.R. 6117. A bill to promote the empower-
                                            and in addition to the Committees on Ways                        CUELLAR):                                     ment, development, and prosperity of women
                                            and Means, Education and Labor, and Nat-                  H.R. 6109. A bill to amend the Elementary            globally, and for other purposes; to the Com-
                                            ural Resources, for a period to be subse-               and Secondary Education Act of 1965 by es-             mittee on Foreign Affairs.
                                            quently determined by the Speaker, in each              tablishing a program to support the mod-                      By Ms. MENG (for herself, Mr. COHEN,
                                            case for consideration of such provisions as            ernization, renovation, or repair of career                     Mr. COSTA, Mr. GRIJALVA, Mr. HAS-
                                            fall within the jurisdiction of the committee           and technical education facilities, to enable                   TINGS, Ms. NORTON, Mr. KENNEDY, Ms.
                                            concerned.                                              schools serving grades 6 through 12 that are                    KUSTER of New Hampshire, Ms. LEE
                                                  By Ms. JACKSON LEE (for herself and               located in rural areas or that serve Native                     of California, Ms. JACKSON LEE, Mr.
                                                    Mr. BACON):                                     American students to remodel or build new                       MCGOVERN,       Mr.     NADLER,   Ms.
                                              H.R. 6100. A bill to amend title 18, United           facilities to provide STEM classrooms and                       WASSERMAN SCHULTZ, Mrs. CAROLYN
                                            States Code, to clarify the criminalization of          laboratories and support high-speed internet,                   B. MALONEY of New York, Ms. GARCIA
                                            female genital mutilation, and for other pur-           and for other purposes; to the Committee on                     of Texas, Mr. BEYER, Ms. SPEIER, Ms.
                                            poses; to the Committee on the Judiciary.               Education and Labor.                                            SHALALA, Mr. SEAN PATRICK MALO-
                                                  By Mr. LAMB (for himself and Mr.                        By Mrs. DINGELL:                                          NEY of New York, Ms. SCHAKOWSKY,
                                                    HECK):                                            H.R. 6110. A bill to amend the consumer                       and Mr. CASE):
                                              H.R. 6101. A bill to amend title 49, United           product safety laws to repeal of exclusion of            H.R. 6118. A bill to amend the Peace Corps
                                            States Code, to prohibit Amtrak from in-                pistols, revolvers, and other firearms from            Act to ensure access to menstrual hygiene
                                            cluding mandatory arbitration clauses in                the definition of consumer product under               products for Peace Corps volunteers, and for
                                            contracts of carriage, and for other purposes;          such laws; to the Committee on Energy and              other purposes; to the Committee on Foreign
                                            to the Committee on Transportation and In-              Commerce.                                              Affairs.
                                            frastructure.                                                 By Mr. EMMER:                                           By Mr. NEGUSE (for himself and Ms.
                                                  By Ms. DEGETTE (for herself and Mr.                 H.R. 6111. A bill to amend the Agricultural                   SPANBERGER):
                                                    BUCSHON):                                       Act of 2014 to allow certain dairy operations            H.R. 6119. A bill to direct the Secretary of
                                              H.R. 6102. A bill to amend the Federal                to make a 1-time election to recalculate pro-          Defense to submit to Congress a report on
                                            Food, Drug, and Cosmetic Act to provide for             duction history for purposes of dairy margin           the national security implications of climate
                                            the regulation of in vitro clinical tests, and          coverage; to the Committee on Agriculture.             change; to the Committee on Armed Serv-
                                            for other purposes; to the Committee on En-                   By Mr. HUFFMAN (for himself, Mr.                 ices.
                                            ergy and Commerce.                                               LOWENTHAL, Mr. GRIJALVA, and Ms.                     By Mr. POCAN (for himself, Mr. BROWN
                                                  By Ms. CRAIG:                                              BARRAGÁN):                                            of Maryland, Mr. CARSON of Indiana,
                                              H.R. 6103. A bill to amend the Federal Fire             H.R. 6112. A bill to require operators of oil                 Mr. DANNY K. DAVIS of Illinois, Ms.
                                            Prevention and Control Act of 1974 to update            and gas production facilities to take certain                   DELAURO, Ms. FUDGE, Mr. GARCÍA of




dlhill on DSKBBY8HB2PROD with HOUSE
                                            the fire prevention and control guidelines to           measures to protect drinking water, and for                     Illinois, Ms. HAALAND, Mrs. HAYES,
                                            require the mandatory installation of carbon            other purposes; to the Committee on Natural                     Ms. NORTON, Ms. JACKSON LEE, Ms.
                                            monoxide alarms in all places of public ac-             Resources, and in addition to the Commit-                       JAYAPAL, Ms. KAPTUR, Ms. KELLY of
                                            commodation, and for other purposes; to the             tees on Energy and Commerce, and Trans-                         Illinois, Mr. KHANNA, Mr. KILDEE, Ms.
                                            Committee on Science, Space, and Tech-                  portation and Infrastructure, for a period to                   LEE of California, Mr. LEVIN of
                                            nology, and in addition to the Committee on             be subsequently determined by the Speaker,                      Michigan, Mr. LOWENTHAL, Mrs.
                                            Energy and Commerce, for a period to be                 in each case for consideration of such provi-                   NAPOLITANO, Ms. OMAR, Mr. RASKIN,




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                                            H1536                                             CONGRESSIONAL RECORD — HOUSE                                                           March 5, 2020
                                                     Ms. SÁNCHEZ, Ms. SCHAKOWSKY, Mr.              secutive terms that a Member of Congress                 Congress has the power to enact this legis-
                                                     TONKO, Mrs. TORRES of California,              may serve; to the Committee on the Judici-             lation pursuant to the following:
                                                     Mrs. TRAHAN, Mr. TRONE, and Ms.                ary.                                                     Article 1, Section 8, Clause 3
                                                     WATERS):                                             By Mr. BIGGS:                                           By Ms. CRAIG:
                                              H.R. 6120. A bill to require fair pay for               H. Res. 886. A resolution condemning                   H.R. 6103.
                                            workers employed by companies who provide               Charles ‘‘Chuck’’ Schumer, Senator of New                Congress has the power to enact this legis-
                                            meat, meat food products, poultry, poultry              York; to the Committee on the Judiciary.               lation pursuant to the following:
                                            food products, and processed food to the Fed-                 By Mr. POSEY:                                      Article 1, Section 8, Clause 3 of the U.S.
                                            eral Government; to the Committee on Over-                H. Res. 887. A resolution recognizing a              Constitution.
                                            sight and Reform.                                       Space Coast Symbol of Kindness and urging                     By Mr. BOST:
                                                   By Mr. POCAN (for himself, Ms. KAP-              acts of kindness throughout our Nation; to               H.R. 6104.
                                                     TUR, Ms. LEE of California, Ms. NOR-           the Committee on Education and Labor.                    Congress has the power to enact this legis-
                                                     TON, and Mr. RYAN):
                                                                                                                   f                                       lation pursuant to the following:
                                              H.R. 6121. A bill to provide incentives for                                                                    Article I, Section 8, Clause 3
                                            businesses to keep jobs in America, and for                CONSTITUTIONAL AUTHORITY                                   By Mr. CARDENAS:
                                            other purposes; to the Committee on Ways                              STATEMENT                                  H.R. 6105.
                                            and Means, and in addition to the Commit-                                                                        Congress has the power to enact this legis-
                                            tees on Education and Labor, Armed Serv-                  Pursuant to clause 7 of rule XII of                  lation pursuant to the following:
                                            ices, and Oversight and Reform, for a period            the Rules of the House of Representa-                    Article 1, Section 1.
                                            to be subsequently determined by the Speak-             tives, the following statements are sub-                 All legislative powers herein granted shall
                                            er, in each case for consideration of such pro-         mitted regarding the specific powers                   be vested in a Congress of the United States,
                                            visions as fall within the jurisdiction of the          granted to Congress in the Constitu-                   which shall consist of a Senate and House of
                                            committee concerned.                                    tion to enact the accompanying bill or                 Representatives.
                                                   By Mr. ROSE of New York:                                                                                       By Ms. JUDY CHU of California:
                                                                                                    joint resolution.
                                              H.R. 6122. A bill to amend the Internal Rev-                                                                   H.R. 6106.
                                            enue Code of 1986 to allow a credit against                   By Mr. DUNN:                                       Congress has the power to enact this legis-
                                            tax for bridge tolls; to the Committee on                 H.R. 6092.                                           lation pursuant to the following:
                                            Ways and Means.                                           Congress has the power to enact this legis-            Art. 1, Sec. 8: The Congress shall have
                                                   By Mr. SABLAN:                                   lation pursuant to the following:                      Power To lay and collect Taxes, Duties, Im-
                                              H.R. 6123. A bill to provide funds for gen-             Article 1 Section 8 of the United States             posts and Excises, to pay the Debts and pro-
                                            eral government operations of the Common-               Constitution                                           vide for the common Defence and general
                                            wealth of the Northern Mariana Islands, and                   By Mr. DUNN:                                     Welfare of the United States.
                                            for other purposes; to the Committee on Ap-               H.R. 6093.                                                  By Mr. COHEN:
                                            propriations, and in addition to the Com-                 Congress has the power to enact this legis-            H.R. 6107.
                                            mittee on Energy and Commerce, for a pe-                lation pursuant to the following:                        Congress has the power to enact this legis-
                                            riod to be subsequently determined by the                 Article 1 Section 8 of the United States             lation pursuant to the following:
                                            Speaker, in each case for consideration of              Constitution                                             Article 1, Section 8
                                            such provisions as fall within the jurisdic-                  By Mr. ENGEL:                                           By Mr. CONNOLLY:
                                            tion of the committee concerned.                          H.R. 6094.                                             H.R. 6108.
                                                   By Mr. SCHNEIDER (for himself, Mr.                 Congress has the power to enact this legis-            Congress has the power to enact this legis-
                                                     SENSENBRENNER, and Mr. COOPER):                lation pursuant to the following:                      lation pursuant to the following:
                                              H.R. 6124. A bill to amend the Trade Act of             Article I, Section 8 of the Constitution.              Article I, Section 8, Clause 18: To make all
                                            1974 to provide adjustment assistance to                      By Mr. KING of Iowa:                             laws which shall be necessary and proper for
                                            firms adversely affected by reduced exports               H.R. 6095.                                           carrying into execution the foregoing pow-
                                            resulting from tariffs imposed as retaliation             Congress has the power to enact this legis-          ers, and all other powers vested by this Con-
                                            for United States tariff increases, and for             lation pursuant to the following:                      stitution in the Government of the United
                                            other purposes; to the Committee on Ways                  Article I, Section 8, Clause 7                       States or in any department or officer there-
                                            and Means.                                                    By Mr. MCNERNEY:                                 of.
                                                   By Ms. SPEIER (for herself, Ms.                    H.R. 6096.                                                  By Mr. COX of California:
                                                     BROWNLEY of California, Mr. PAPPAS,              Congress has the power to enact this legis-            H.R. 6109.
                                                     Mr. COHEN, Mr. MCGOVERN, Mr.                   lation pursuant to the following:                        Congress has the power to enact this legis-
                                                     DANNY K. DAVIS of Illinois, Mr.                  Article I, Section 8 of the Constitution of          lation pursuant to the following:
                                                     DEFAZIO, and Ms. NORTON):                      the United States grants Congress the au-                Article 1 Section 8 of the United States
                                              H.R. 6125. A bill to direct the Secretaries of        thority to enact this bill.                            Constitution
                                            Defense and Veterans Affairs to coordinate                    By Mr. LAMB:                                            By Mrs. DINGELL:
                                            support for survivors of sexual trauma; to                H.R. 6097.                                             H.R. 6110.
                                            the Committee on Armed Services, and in                   Congress has the power to enact this legis-            Congress has the power to enact this legis-
                                            addition to the Committee on Veterans’ Af-              lation pursuant to the following:                      lation pursuant to the following:
                                            fairs, for a period to be subsequently deter-             Article I, section 8 of the Constitution of            The constitutional authority of Congress
                                            mined by the Speaker, in each case for con-             the United States.                                     to enact this legislation is provided by Arti-
                                            sideration of such provisions as fall within                  By Ms. BARRAGÁN:                                cle I, section 8 of the United States Constitu-
                                            the jurisdiction of the committee concerned.              H.R. 6098.                                           tion.
                                                   By Mr. STEUBE (for himself, Mr.                    Congress has the power to enact this legis-                 By Mr. EMMER:
                                                     GIBBS, Mr. MARSHALL, and Mr. WAT-              lation pursuant to the following:                        H.R. 6111.
                                                     KINS):                                           Article 1 Section 8 of the United States               Congress has the power to enact this legis-
                                              H.R. 6126. A bill to amend the Internal Rev-          Constitution.                                          lation pursuant to the following:
                                            enue Code of 1986 to allow the transfer of a                  By Mr. BUDD:                                       Article I, Section 8.
                                            silencer after the end of the 90-day period be-           H.R. 6099.                                                  By Mr. HUFFMAN:
                                            ginning with the application for such trans-              Congress has the power to enact this legis-            H.R. 6112.
                                            fer; to the Committee on Ways and Means,                lation pursuant to the following:                        Congress has the power to enact this legis-
                                            and in addition to the Committee on the Ju-               Article I, Section 8 of the U.S. Constitu-           lation pursuant to the following:
                                            diciary, for a period to be subsequently de-            tion                                                     Article I, Section 8, Clause 1: The Congress
                                            termined by the Speaker, in each case for                 [Page H1338]                                         shall have Power To lay and collect Taxes,
                                            consideration of such provisions as fall with-                By Ms. JACKSON LEE:                              Duties, Imposts and Excises, to pay the
                                            in the jurisdiction of the committee con-                 H.R. 6100.                                           Debts and provide for the common Defence
                                            cerned.                                                   Congress has the power to enact this legis-          and general Welfare of the United States; but
                                                   By Mrs. WAGNER (for herself and Mr.              lation pursuant to the following:                      all Duties, Imposts and Excises shall be uni-
                                                     FOSTER):                                         This bill is enacted pursuant to the power           form throughout the United States;
                                              H.R. 6127. A bill to amend the Securities             granted to Congress under Article I, Section             and
                                            Exchange Act of 1934 with respect to risk-              8, Clauses 3 and 18 of the United States Con-            Article IV, Section 3, Clause 2: The Con-
                                            based examinations of Nationally Recog-                 stitution.                                             gress shall have Power to dispose of and




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                                            nized Statistical Rating Organizations; to                    By Mr. LAMB:                                     make all needful Rules and Regulations re-
                                            the Committee on Financial Services.                      H.R. 6101.                                           specting the Territory or other Property be-
                                                   By Mr. TIMMONS (for himself and Mr.                Congress has the power to enact this legis-          longing to the United States;
                                                     PHILLIPS):                                     lation pursuant to the following:                             By Mr. KATKO:
                                              H.J. Res. 86. A joint resolution proposing              Article 1, Section 8 of the Constitution.              H.R. 6113.
                                            an amendment to the Constitution of the                       By Ms. DEGETTE:                                    Congress has the power to enact this legis-
                                            United States to limit the number of con-                 H.R. 6102.                                           lation pursuant to the following:




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                                            March 5, 2020                                     CONGRESSIONAL RECORD — HOUSE                                                                     H1537
                                              Article 1, Section 8, Clause 1—‘‘The Con-               Article I, Section 8                                   Article V of the Constitution: The Con-
                                            gress shall have Power To lay and collect                     By Ms. SPEIER:                                   gress, whenever two thirds of both houses
                                            Taxes, Duties, Imposts and Excises, to pay                H.R. 6125.                                           shall deem it necessary, shall propose
                                            the Debts and provide for the common                      Congress has the power to enact this legis-          amendments to this Constitution, or, on the
                                            Defence and general Welfare of the United               lation pursuant to the following:                      application of the legislatures of two thirds
                                            States; but all Duties, Imposts and Excises               This bill is enacted pursuant to the power           of the several states, shall call a convention
                                            shall be uniform throughout the United                  granted to Congress under Article 1, Section           for proposing amendments, which, in either
                                            States’’                                                8 of the United States Constitution.                   case, shall be valid to all intents and pur-
                                                  By Mr. KHANNA:                                          By Mr. STEUBE:                                   poses, as part of this Constitution, when
                                              H.R. 6114.                                              H.R. 6126.                                           ratified by the legislatures of three fourths
                                              Congress has the power to enact this legis-             Congress has the power to enact this legis-          of the several states, or by conventions in
                                            lation pursuant to the following:                       lation pursuant to the following:                      three fourths thereof, as the one or the other
                                              Article 1, Section 8 of the Constitution                Article 1, Section 8                                 mode of ratification may be proposed by the
                                            gives Congress the power to make laws that                The Congress shall have Power To lay and
                                                                                                                                                           Congress; provided that no amendment
                                            are necessary and proper to carry out its               collect Taxes, Duties, Imposts and Excises,
                                                                                                                                                           which may be made prior to the year one
                                            enumerated powers.                                      to pay the Debts and provide for the common
                                                                                                                                                           thousand eight hundred and eight shall in
                                                  By Mr. LATTA:                                     Defence and general Welfare of the United
                                                                                                                                                           any manner affect the first and fourth
                                              H.R. 6115.                                            States; but all Duties, Imposts and Excises
                                                                                                                                                           clauses in the ninth section of the first arti-
                                              Congress has the power to enact this legis-           shall be uniform throughout the United
                                                                                                                                                           cle; and that no state, without its consent,
                                            lation pursuant to the following:                       States;
                                                                                                                                                           shall be deprived of its equal suffrage in the
                                              Article I, Section 8, Clause 1:                         To borrow money on the credit of the
                                                                                                                                                           Senate.
                                              The Congress shall have the Power . . . to            United States;
                                            pay the Debts and provide for the common                  To regulate Commerce with foreign Na-                                  f
                                            Defense and general Welfare of the United               tions, and among the several States, and
                                            States.                                                 with the Indian Tribes;                                       ADDITIONAL SPONSORS
                                              Article I, Section 8, Clause 18:                        To establish an uniform Rule of Natu-                  Under clause 7 of rule XII, sponsors
                                              The Congress shall have Power to make all             ralization, and uniform Laws on the subject
                                                                                                                                                           were added to public bills and resolu-
                                            Laws which shall be necessary and proper for            of Bankruptcies throughout the United
                                                                                                    States;                                                tions, as follows:
                                            carrying into Executive the foregoing Pow-
                                            ers, and all other Powers vested by this Con-             To coin Money, regulate the Value thereof,             H.R. 99: Mr. WILLIAMS.
                                            stitution in the Government of the United               and of foreign Coin, and fix the Standard of             H.R. 584: Mr. PANETTA and Ms. KUSTER of
                                            States, or in any Department or Officer                 Weights and Measures;                                  New Hampshire.
                                            thereof.                                                  To provide for the Punishment of counter-              H.R. 587: Mr. MEUSER and Mr. VAN DREW.
                                                  By Mr. LUETKEMEYER:                               feiting the Securities and current Coin of the           H.R. 660: Mr. BIGGS and Mr. RUTHERFORD.
                                              H.R. 6116.                                            United States;                                           H.R. 770: Ms. KAPTUR.
                                              Congress has the power to enact this legis-             To establish Post Offices and Post Roads;              H.R. 1137: Mr. MCGOVERN.
                                            lation pursuant to the following:                         To promote the Progress of Science and                 H.R. 1549: Mr. COOK.
                                              Article I, Section 8, Clause 3 of the U.S.            useful Arts, by securing for limited Times to            H.R. 1556: Mr. RUTHERFORD, Mr. SPANO, Mr.
                                            Constitution                                            Authors and Inventors the exclusive Right to           LONG, Ms. SHALALA, Mr. NEWHOUSE, Mr.
                                                  By Mr. MCCAUL:                                    their respective Writings and Discoveries;             HOLDING, Mr. MAST, Mr. TIPTON, and Mr.
                                              H.R. 6117.                                              To constitute Tribunals inferior to the su-          WILLIAMS.
                                              Congress has the power to enact this legis-           preme Court;                                             H.R. 1673: Mr. MARSHALL, Mr. THOMPSON of
                                            lation pursuant to the following:                         and Offenses against the Law of Nations;             Pennsylvania, and Mr. RIGGLEMAN.
                                              Article I, Section 8                                    To declare War, grant Letters of Marque                H.R. 1749: Mr. STEIL.
                                                  By Ms. MENG:                                      and Reprisal, and make Rules concerning                  H.R. 1754: Mr. COMER.
                                              H.R. 6118.                                            Captures on Land and Water;                              H.R. 1763: Ms. SCHRIER, Mr. GOTTHEIMER,
                                              Congress has the power to enact this legis-             To raise and support Armies, but no Appro-           Mrs. MCBATH, and Mrs. MURPHY of Florida.
                                            lation pursuant to the following:                       priation of Money to that Use shall be for a             H.R. 1766: Mr. SPANO, Mr. COHEN, Ms.
                                              Article I, Section 8 of the U.S. Constitu-            longer Term than two Years;                            UNDERWOOD, Mr. GALLEGO, Mr. THOMPSON of
                                            tion.                                                     To provide and maintain a Navy;                      Pennsylvania, Mr. DAVID SCOTT of Georgia,
                                              [Page H10170]                                           To make Rules for the Government and
                                                                                                                                                           Mr. YARMUTH, and Ms. MCCOLLUM.
                                                  By Mr. NEGUSE:                                    Regulation of the land and naval Forces;
                                                                                                                                                             H.R. 1846: Ms. GABBARD.
                                              H.R. 6119.                                              To provide for calling forth the Militia to
                                                                                                                                                             H.R. 2166: Mr. WILSON of South Carolina.
                                              Congress has the power to enact this legis-           execute the Laws of the Union, suppress In-
                                                                                                                                                             H.R. 2214: Mr. LIPINSKI.
                                            lation pursuant to the following:                       surrections and repel Invasions;
                                                                                                      To provide for organizing, arming, and dis-            H.R. 2283: Mrs. LEE of Nevada.
                                              Article 1, Section 8                                                                                           H.R. 2350: Mr. MEUSER and Mrs. DAVIS of
                                                  By Mr. POCAN:                                     ciplining, the Militia, and for governing such
                                                                                                    Part of them as may be employed in the                 California.
                                              H.R. 6120.                                                                                                     H.R. 2453: Mr. DUNN.
                                              Congress has the power to enact this legis-           Service of the United States, reserving to
                                                                                                    the States respectively, the Appointment of              H.R. 2457: Mr. CLEAVER, Mr. RUSH, Ms.
                                            lation pursuant to the following:
                                                                                                    the Officers, and the Authority of training            BASS, Ms. LEE of California, Ms. PLASKETT,
                                              Article 1, Section 8 of the U.S. Constitu-
                                                                                                    the Militia according to the discipline pre-           Mr. MCEACHIN, Mrs. LAWRENCE, Mr. JOHNSON
                                            tion
                                                                                                    scribed by Congress;                                   of Georgia, Mr. HORSFORD, Mr. MEEKS, Mr.
                                                  By Mr. POCAN:
                                                                                                      To exercise exclusive Legislation in all             CLYBURN, Mr. BISHOP of Georgia, Mr.
                                              H.R. 6121.
                                              Congress has the power to enact this legis-           Cases whatsoever, over such District (not ex-          BUTTERFIELD, Mr. RICHMOND, and Mr. PAYNE.
                                            lation pursuant to the following:                       ceeding ten Miles square) as may, by Cession             H.R. 2501: Mr. GOTTHEIMER and Mr. LEVIN
                                              Article 1, Section 8                                  of particular States, and the acceptance of            of California.
                                                  By Mr. ROSE of New York:                          Congress, become the Seat of the Govern-                 H.R. 2653: Mr. TRONE.
                                              H.R. 6122.                                            ment of the United States, and to exercise               H.R. 2901: Ms. BASS, Ms. LEE of California,
                                              Congress has the power to enact this legis-           like Authority over all Places purchased by            Ms. OMAR, Ms. PLASKETT, Mr. MCEACHIN,
                                            lation pursuant to the following:                       the Consent of the Legislature of the State            Mrs. LAWRENCE, Mr. JOHNSON of Georgia, Mr.
                                              Under Article I, Section 8 of the Constitu-           in which the Same shall be, for the Erection           HORSFORD, Mr. MEEKS, Mr. CLYBURN, Mr.
                                            tion, Congress has the power ‘‘to make all              of Forts, Magazines, Arsenals, dock-Yards,             CLEAVER, Mr. BISHOP of Georgia, Mr.
                                            Laws which shall be necessary and proper for            and other needful Buildings; And                       BUTTERFIELD, Mr. RICHMOND, and Mr. PAYNE.
                                            carrying into Execution the foregoing Pow-                To make all Laws which shall be necessary              H.R. 2986: Mr. STEIL.
                                            ers, and all other Powers vested by this Con-           and proper for carrying into Execution the               H.R. 3107: Mr. SENSENBRENNER, Mr.
                                            stitution in the Government of the United               foregoing Powers, and all other Powers vest-           BALDERSON, Ms. BLUNT ROCHESTER, and Mr.
                                            States, or any Department or Officer there-             ed by this Constitution in the Government of           WELCH.
                                            of’’.                                                   the United States, or in any Department or               H.R. 3121: Mr. BRENDAN F. BOYLE of Penn-
                                                  By Mr. SABLAN:                                    Officer thereof.                                       sylvania.
                                              H.R. 6123.                                                  By Mrs. WAGNER:                                    H.R. 3266: Mr. RUSH and Mr. KELLY of Mis-
                                              Congress has the power to enact this legis-             H.R. 6127.                                           sissippi.




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                                            lation pursuant to the following:                         Congress has the power to enact this legis-            H.R. 3349: Mr. ALLRED.
                                              Under Article 1, Section 8 of the Constitu-           lation pursuant to the following:                        H.R. 3378: Mr. KENNEDY.
                                            tion.                                                     Article I, Section 8, Clause 3                         H.R. 3497: Mr. GIBBS.
                                                  By Mr. SCHNEIDER:                                       By Mr. TIMMONS:                                    H.R. 3657: Mr. SCHNEIDER and Ms. FUDGE.
                                              H.R. 6124.                                              H.J. Res. 86.                                          H.R. 3663: Mrs. MURPHY of Florida.
                                              Congress has the power to enact this legis-             Congress has the power to enact this legis-            H.R. 3711: Ms. MATSUI.
                                            lation pursuant to the following:                       lation pursuant to the following:                        H.R. 3797: Mr. CURTIS.




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                                            H1538                                             CONGRESSIONAL RECORD — HOUSE                                                       March 5, 2020
                                              H.R. 3801: Mr. TRONE and Ms. PINGREE.                 Mr. COHEN, Mr. FLEISCHMANN, Mrs. KIRK-                  H.R. 5741: Ms. JACKSON LEE, Mr. SMITH of
                                              H.R. 3990: Mr. BILIRAKIS.                             PATRICK, Ms. WASSERMAN SCHULTZ, Ms. LOF-               Missouri, Mr. HOLDING, and Mr. JOHNSON of
                                              H.R. 4141: Mrs. DINGELL and Ms. KELLY of              GREN, and Mr. MOOLENAAR.                               Ohio.
                                            Illinois.                                                 H.R. 4906: Ms. SCHRIER, Ms. MCCOLLUM,                 H.R. 5761: Mrs. AXNE and Mr. COOK.
                                              H.R. 4189: Ms. CLARKE of New York.                    Mrs. AXNE, Mr. BRENDAN F. BOYLE of Penn-                H.R. 5797: Mrs. NAPOLITANO.
                                              H.R. 4348: Ms. CLARKE of New York.                    sylvania, Mr. CICILLINE, Mr. CLAY, Mr. CON-             H.R. 5808: Mr. BABIN and Ms. SEWELL of
                                              H.R. 4451: Mr. COLE.                                  NOLLY, Mr. DANNY K. DAVIS of Illinois, Mr.             Alabama.
                                              H.R. 4495: Mr. HARDER of California.                  DEUTCH, Mr. HIGGINS of New York, Ms. KAP-               H.R. 5840: Mr. GALLAGHER.
                                              H.R. 4524: Mr. DEFAZIO.                               TUR, Mrs. LOWEY, Mr. SOTO, Mr. PERL-                    H.R. 5845: Ms. DELBENE and Mr. KILDEE.
                                              H.R. 4574: Mr. RUPPERSBERGER, Mr.                     MUTTER, Ms. PINGREE, and Mrs. LEE of Ne-                H.R. 5861: Ms. LEE of California, Mr.
                                            CUELLAR, Mr. TIPTON, and Mrs. BEATTY.                   vada.                                                  QUIGLEY, Mr. RYAN, Mr. BLUMENAUER, Mr.
                                              H.R. 4708: Ms. BASS and Mr. COURTNEY.                   H.R. 4951: Mr. BUDD.                                 RASKIN, and Ms. KUSTER of New Hampshire.
                                              H.R. 4709: Ms. BASS and Mr. COURTNEY.                   H.R. 4963: Mr. RODNEY DAVIS of Illinois.              H.R. 5875: Mr. CRENSHAW.
                                              H.R. 4820: Mr. MEUSER.                                  H.R. 4974: Mr. ENGEL and Mrs. AXNE.                   H.R. 5876: Ms. WILD.
                                              H.R. 4861: Ms. GABBARD.                                 H.R. 5234: Mr. LAMBORN.
                                              H.R. 4867: Mrs. BROOKS of Indiana, Mr.                                                                        H.R. 5913: Mr. WILLIAMS.
                                                                                                      H.R. 5319: Ms. JAYAPAL.
                                            WALKER, Mr. BURGESS, Mr. MCKINLEY, Mr.                                                                          H.R. 5915: Mr. KENNEDY.
                                                                                                      H.R. 5413: Ms. PORTER.
                                            CARTER of Georgia, Mr. WILSON of South                                                                          H.R. 5935: Mr. SMITH of Nebraska.
                                                                                                      H.R. 5434: Mr. JOHNSON of Louisiana and
                                            Carolina, Mr. MURPHY of North Carolina, Mr.             Mr. KIND.                                               H.R. 5983: Mr. LOWENTHAL and Mr. SCHIFF.
                                            KEVIN HERN of Oklahoma, Mr. MULLIN, Mr.                   H.R. 5435: Mrs. NAPOLITANO.                           H.R. 6047: Mr. HAGEDORN.
                                            JOYCE of Pennsylvania, Mr. RIGGLEMAN, Mr.                 H.R. 5448: Ms. HAALAND.                               H.R. 6082: Mrs. DAVIS of California.
                                            BAIRD, Mr. WEBER of Texas, Mr. STAUBER,                   H.R. 5544: Ms. ESCOBAR and Mr. MCCAUL.                H. Res. 643: Mr. GALLEGO.
                                            Mr. NORMAN, Mr. TIMMONS, Mrs. HARTZLER,                   H.R. 5568: Mr. COHEN.                                 H. Res. 742: Ms. BASS and Mr. SHERMAN.
                                            Mr. AUSTIN SCOTT of Georgia, Mr. HILL of Ar-              H.R. 5587: Mr. GROTHMAN.                              H. Res. 809: Ms. SPANBERGER.
                                            kansas, Mr. ALLEN, Ms. CHENEY, Mr.                        H.R. 5602: Mr. ESPAILLAT, Mr. CARBAJAL,               H. Res. 861: Mr. RUPPERSBERGER and Mr.
                                            BUCHANAN, Mr. DAVID P. ROE of Tennessee,                Ms. SPEIER, and Mr. VARGAS.                            YOUNG.
                                            Mr. BANKS, Mr. DUNN, Mr. SHIMKUS, Mr.                     H.R. 5630: Ms. KUSTER of New Hampshire.               H. Res. 882: Mr. HUIZENGA.
                                            CLOUD, Mr. GIBBS, Mr. ROGERS of Kentucky,                 H.R. 5694: Mr. COHEN.                                 H. Res. 884: Mr. RASKIN and Mr. COSTA.




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                                                                                              Congressional Record
                                                  E PL
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                                                              IB             NU
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                                                                                                                                                                   116 th CONGRESS, SECOND SESSION
                                               United States
                                                of America                                     PROCEEDINGS AND DEBATES OF THE


                                             Vol. 166                                                       WASHINGTON, THURSDAY, MARCH 5, 2020                                                                      No. 44


                                                                                                                                     Senate
                                               The Senate met at 10 a.m. and was                                          with the Democratic leader’s com-                      tutions of our government than in
                                             called to order by the President pro                                         ments at a microphone in front of the                  working within them, how Democrats
                                             tempore (Mr. GRASSLEY).                                                      Supreme Court.                                         increasingly respond to political dis-
                                                                                      f                                     The Democratic leader harangued                      appointments with extreme claims
                                                                                                                          and warned Justices Gorsuch and                        that our system of government itself
                                                              PRAYER
                                                                                                                          Kavanaugh by name. He said they                        must be broken. The failure can’t be
                                                The Chaplain, Dr. Barry C. Black, of-                                     would ‘‘pay the price’’ and ‘‘won’t                    their own. It can’t be that the left
                                             fered the following prayer:                                                  know what hit you if you go forward                    needs better arguments or ideas. No.
                                                Let us pray.                                                              with these awful decisions.’’                          No, the fault must lie with the Con-
                                                God of us all, thank You for this mo-                                       At best, it was an injection of par-                 stitution itself.
                                             ment that unites us in the fellowship of                                     tisan politics into a process that                       Democrats have tried to cloak their
                                             prayer. Make us conscious of Your                                            should be immune to these Justices. At                 anger at President Trump in rhetoric
                                             presence and unite us in our efforts to                                      worst, it was a threat, targeting two                  about protecting norms and institu-
                                             do Your will on Earth.                                                       sitting members of the Supreme Court.                  tions, but, in reality, it is their own
                                                Lord, inspire the hearts and minds of                                     Either way, I encourage my colleague,                  side of the aisle where anti-institution-
                                             our lawmakers to strengthen the bonds                                        the Democratic leader, to apologize to                 alism is rampant. Rampant. We can
                                             between us, as they seek to live lives of                                    those Supreme Court Justices and to                    talk about attacks on the office of the
                                             integrity. May no partisanship mar the                                       do it here on the floor.                               Presidency, on the Electoral College,
                                             unity of spirit they must have to make                                         I yield the floor.                                   on the First Amendment, on the Sen-
                                             America stronger, wiser, and better.                                                                                                ate itself, but most striking of all has
                                                                                                                                            f
                                             Deliver them from every unworthy mo-                                                                                                been the shameless efforts to bully our
                                             tive, as they labor to honor You. Lord,                                       RECOGNITION OF THE MAJORITY                           Nation’s independent judiciary, and
                                             lift their burdens, lessen their fears,                                                       LEADER                                yesterday those efforts took a dan-
                                             and give them Your peace.                                                      The PRESIDING OFFICER. The ma-                       gerous and disturbing turn.
                                                We pray, in Your great Name. Amen.                                        jority leader is recognized.                             By now many already know what the
                                                                                      f                                                                                          Democratic leader shouted outside the
                                                                                                                                            f
                                                  PLEDGE OF ALLEGIANCE                                                                                                           Supreme Court yesterday morning. I
                                                                                                                                      SUPREME COURT
                                               The President pro tempore led the                                                                                                 am sorry to have to read it into the
                                                                                                                            Mr. MCCONNELL. Madam President,                      RECORD. First, he prompted a crowd of
                                             Pledge of Allegiance, as follows:
                                                                                                                          I planned to spend my remarks today                    leftwing activists to boo two of the As-
                                               I pledge allegiance to the Flag of the
                                             United States of America, and to the Repub-
                                                                                                                          discussing our bipartisan, bicameral                   sociate Justices—as though Supreme
                                             lic for which it stands, one nation under God,                               agreement to fund the fight against the                Court Justices were professional ath-
                                             indivisible, with liberty and justice for all.                               new coronavirus. I was looking forward                 letes and Senator SCHUMER were jeer-
                                               The PRESIDING OFFICER (Mrs.                                                to congratulating all my colleagues                    ing from the stands. Then the senior
                                             HYDE-SMITH). The Senator from Iowa.                                          and discussing all the ways this fund-                 Senator from New York said this:
                                               Mr. GRASSLEY. Madam President, I                                           ing will help our public health experts,                 I want to tell you, Gorsuch! I want to tell
                                             ask unanimous consent to speak in                                            frontline healthcare professionals, and                you, Kavanaugh! You have released the
                                             morning business for 1 minute.                                               State and local officials combat the                   whirlwind, and you will pay the price. You
                                               The PRESIDING OFFICER. Without                                             spread of this virus and mitigate its ef-              won’t know what hit you if you go forward
                                                                                                                          fects. It is a serious agreement to meet               with these awful decisions.
                                             objection, it is so ordered.
                                                                                      f
                                                                                                                          a serious challenge, and today we will                   I am not sure where to start.
                                                                                                                          send it to President Trump’s desk.                       There is nothing to call this except a
                                                           JUDICIARY                                                        So today will be an important day for                threat, and there is absolutely no ques-
                                               Mr. GRASSLEY. Madam President,                                             the country, and it was going to be a                  tion to whom—to whom it was di-
                                             an independent judiciary is one of the                                       proud day for the Senate, but instead                  rected.
                                             cornerstones of our democracy. Judges                                        the Nation’s eyes are on this body for                   Contrary to what the Democratic
                                             serve lifetime appointments, free from                                       an entirely different reason.                          leader has since tried to claim, he very,
                                             political pressure so they can render                                          A few weeks ago, I spoke on this floor               very clearly was not addressing Repub-
                                             impartial judgment without fear of ret-                                      about a dangerous trend that threatens                 lican lawmakers or anyone else. He lit-
                                             ribution.                                                                    our self-governance. I explained how                   erally directed the statement to the
                                               Yesterday, unfortunately, our coun-                                        some in the Democratic Party appear                    Justices by name. He said: ‘‘[I]f you go
                                             try took a step in the wrong direction                                       more interested in attacking the insti-                forward with these awful decisions,’’




dlhill on DSKBBY8HB2PROD with SENATE
                                                                     ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

                                                                                                                                                                                                            S1509


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                                             S1510                                             CONGRESSIONAL RECORD — SENATE                                                      March 5, 2020
                                             which could only apply to the Court                     few hours later, the Democratic leader                 threaten impartial judges and more
                                             itself. The minority leader of the                      tripled down. Instead of taking Chief                  time coming up with ideas that are ac-
                                             United States Senate threatened two                     Justice Roberts’ sober and appropriate                 tually constitutional.
                                             Associate Justices of the U.S. Supreme                  statement to heart, he lashed out, yet                   Fortunately, this extraordinary dis-
                                             Court. Period. There is no other way to                 again, and tried to imply the Chief Jus-               play contains one ironic silver lining.
                                             interpret that.                                         tice was biased—biased—for doing his                   These clumsy efforts to erode a pillar
                                               Even worse, the threat was not clear-                 job and defending the Court. Let me                    of American governance have just re-
                                             ly political or institutional. As I will                say that again. He tripled down, and he                minded everyone why that pillar is so
                                             discuss in a moment, these kinds of                     lashed out, yet again, and tried to                    crucial. These efforts to attack judicial
                                             threats are sadly nothing new from                      imply that the Chief Justice was biased                independence remind us that independ-
                                             Senate Democrats. This was much                         for doing his job and defending the                    ence is essential. Every time Demo-
                                             broader—much broader.                                   Court. Our colleague therefore suc-                    crats try to threaten sitting judges, we
                                               The Democratic leader traveled to                     ceeded in attacking 33 percent of the                  are reminded exactly—exactly—why
                                             the workplace of the two Justices, and                  Supreme Court in a space of a few                      the Framers gave them life tenure and
                                             in front of a crowd of activists, he told               hours.                                                 salary protection, precisely why they
                                             those Justices ‘‘you will pay the price’’                 Throughout the impeachment and
                                                                                                                                                            did it. Every time Democrats toy with
                                             right in front of the Supreme Court                     the Senate trial, for months, Wash-
                                                                                                                                                            packing new seats onto the Court, we
                                             building and ‘‘you won’t know what hit                  ington Democrats preached sermons
                                                                                                                                                            are reminded exactly why, as Justice
                                             you.’’ He said this right in front of the               about the separation of powers and re-
                                                                                                                                                            Ginsburg recently said, ‘‘Nine seems to
                                             Supreme Court building.                                 spect among equal branches.
                                                                                                       So much for all of that. And sadly,                  be a good number.’’ Justice Ginsburg
                                               If any American had these words                                                                              said, ‘‘Nine seems to be a good num-
                                             shouted at them from a sidewalk out-                    this attack was not some isolated inci-
                                                                                                     dent. The leftwing campaign against                    ber.’’
                                             side their office, they would hear those
                                                                                                     the Federal Judiciary did not begin                      The distinguished men and women of
                                             threats as personal, and most likely
                                                                                                     yesterday—not yesterday. My col-                       the Supreme Court do not and must
                                             they would hear them as threatening
                                                                                                     leagues will recall that during the im-                not serve at the pleasure of angry par-
                                             or inciting violence. That is how any
                                                                                                     peachment trial the senior Senator                     tisans—must not serve at the pleasure
                                             American would interpret those words
                                                                                                     from Massachusetts and outside pres-                   of angry partisans. They do not need to
                                             if they were directed at them. That is
                                                                                                     sure groups tried to attack the Chief                  pay any mind to unhinged threats, as
                                             certainly how the press and leading
                                                                                                     Justice, sitting right in that chair, for              shameful as they may be. In fact, as
                                             Democrats would have characterized
                                                                                                     staying neutral instead of delivering                  the Chief Justice reminded us yester-
                                             them if President Trump or any senior
                                                                                                     the outcomes that they wanted. These                   day, they are duty-bound to pay such
                                             Republican had said anything even re-
                                                                                                     same groups came to Senator SCHU-                      things no attention at all. Their job de-
                                             motely—remotely—similar. We have
                                                                                                     MER’s defense yesterday with gratu-                    scription is simple: to apply the law to
                                             seen much more hay made out of much
                                                                                                     itous attacks against the Chief Justice                the facts, as the Chief Justice put it,
                                             less.
                                               Perhaps our colleague thinks this is                  for condemning the threats against his                 ‘‘without fear or favor from whatever
                                             absurd. Perhaps he would like the most                  colleagues.                                            quarter.’’ I have great confidence the
                                                                                                       Last summer—last summer a number                     Court will do just that. I am confident
                                             generous possible interpretation; that
                                                                                                     of Senate Democrats sent an extraor-                   that if the facts and the Constitution
                                             he got carried away and he didn’t mean
                                                                                                     dinary brief to the Supreme Court. It                  would have led the Court to disappoint
                                             what he said, but if he cannot even
                                                                                                     threatened to inflict institutional                    Democrats the day before yesterday,
                                             admit to saying what he said, we cer-
                                                                                                     change on the Court if it did not rule                 they would still feel free to do so
                                             tainly cannot know what he meant.
                                                                                                     the way the Democrats wanted. In                       today, tomorrow, and beyond, notwith-
                                               At the very best, his comments were
                                                                                                     other words, give us the ruling we want                standing these shameful tactics.
                                             astonishingly reckless and completely
                                                                                                     or we will change the numbers of the                     I had hoped I would not need to reit-
                                             irresponsible. Clearly, as the Chief Jus-
                                                                                                     Court. Here is what they wrote: ‘‘The                  erate what every Republican Senator
                                             tice stated in a rare and extraordinary
                                                                                                     Supreme Court is not well. . . . ’’                    told the Court in August after Senate
                                             rebuke, they were ‘‘dangerous’’ because                   Really?
                                             no matter the intention, words car-                                                                            Democrats sent their threatening brief,
                                                                                                       The Supreme Court is not well. . . . Per-
                                             rying the apparent threat of violence                   haps the Court can heal itself before the pub-
                                                                                                                                                            but today I have no choice but to say it
                                             can have horrific, unintended con-                      lic demands it be ‘‘restructured . . . ’’              again: Republicans are absolutely and
                                             sequences.                                                What that means is, you rule the way                 unshakably committed to the core con-
                                               In the most recent year on record,                    we want or we are going to expand the                  stitutional principle of an independent
                                             the U.S. Marshal Service tracked thou-                  numbers and change the outcome—a                       Federal judiciary—the core constitu-
                                             sands of threats and inappropriate                      political threat, plain as day. As you                 tional principle of an independent Fed-
                                             communications against the judici-                      read the document, you half expected                   eral judiciary.
                                             ary—thousands of threats against the                    it to end by saying: That is some nice                   As long as this majority holds the
                                             judiciary.                                              judicial independence you got over                     gavel, we will never let the minority
                                               Less than 3 years ago, of course, an                  there. It would be a shame if something                leader’s dangerous views become pol-
                                             unhinged and unstable leftwing activ-                   happened to it.                                        icy. This majority will ensure that the
                                             ist attempted a mass murder of con-                       It couldn’t have been more clear.                    only casualties of this recklessness are
                                             gressional Republicans at a baseball                    Independence from political passions is                the reputations of those who engage in
                                             field right across the river.                           the cornerstone of our judiciary in our                it.
                                               A Senate leader appearing to threat-                  country. Judicial independence is what
                                             en or incite violence on the steps of the               enables courts to do justice even when                                   f
                                             Supreme Court could literally be a                      it is unpopular, to protect constitu-
                                             matter of deadly seriousness.                           tional rights even when powerful inter-                 RESERVATION OF LEADER TIME
                                               So I fully anticipate our colleague                   ests want them infringed. Judicial
                                             would quickly withdraw his comments                     independence is what makes the United                    The PRESIDING OFFICER. Under
                                             and apologize. That is what even reli-                  States of America a republic of laws                   the previous order, the leadership time
                                             ably liberal legal experts like Laurence                rather than of men.                                    is reserved.
                                             Tribe and Neal Katyal have publicly                       It has been almost a century since
                                             urged.                                                  the last time Democrats threatened to                                    f




dlhill on DSKBBY8HB2PROD with SENATE
                                               Instead,    our    colleague   doubled                pack the Supreme Court because they
                                             down—doubled down. He tried to gas-                     wanted different rulings. History still                       CONCLUSION OF MORNING
                                             light the entire country and stated                     judges that disgraceful episode to this                             BUSINESS
                                             that he was actually threatening fellow                 day.
                                             Senators, as though that would be                         I would suggest that my Democratic                     The PRESIDING OFFICER. Morning
                                             much better, but that is a fiction. A                   colleagues spend less time trying to                   business is closed.



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                                             March 5, 2020                                      CONGRESSIONAL RECORD — SENATE                                                                S1511
                                                      LEGISLATIVE SESSION                             for President Trump and Senate Re-                     when he talked about his singular re-
                                                                                                      publicans if the Supreme Court, with                   spect for the Supreme Court and judi-
                                                                                                      the newly confirmed Justices, stripped                 cial independence. He used the phrase
                                             ADVANCED GEOTHERMAL INNOVA-                              away a woman’s right to choose. Of                     repeatedly: ‘‘judicial independence.’’
                                               TION LEADERSHIP ACT OF 2019—                           course, I didn’t intend to suggest any-                He called the judiciary, rightly, a pil-
                                               Resumed                                                thing other than political and public                  lar of the American Government.
                                               The PRESIDING OFFICER. Under                           opinion consequences for the Supreme                     Does Senator MCCONNELL think we
                                             the previous order, the Senate will re-                  Court, and it is a gross distortion to                 have forgotten what he did when it
                                             sume consideration of S. 2657, which                     imply otherwise.                                       came to the Supreme Court after Jus-
                                             the clerk will report.                                     I am from Brooklyn. We speak in                      tice Scalia passed away? He inten-
                                               The senior assistant legislative clerk                 strong language. I shouldn’t have used                 tionally left a vacancy in the Court for
                                             read as follows:                                         the words I did, but in no way was I                   almost a year for political purposes be-
                                               A bill (S. 2657) to support innovation in ad-          making a threat. I never—never—                        fore it was filled.
                                             vanced geothermal research and develop-                  would do such a thing. Leader MCCON-                     We remember when President Obama,
                                             ment, and for other purposes.                            NELL knows that, and Republicans who                   in the last year of his Presidency, of-
                                               Pending:                                               are busy manufacturing outrage over                    fered the nomination of Merrick Gar-
                                               Murkowski amendment No. 1407, in                       these comments know that too.                          land, a highly respected circuit court
                                             the nature of a substitute.                                What will remain long after the                      judge for the District of Columbia. Do
                                               McConnell (for Ernst) amendment                        clamor over my comments dies down is                   you remember what this Republican
                                             No. 1419 (to amendment No. 1407), to es-                 the issue at hand: a woman’s constitu-                 leader, Senator MCCONNELL, did in re-
                                             tablish a grant program for training                     tional right to choose and Republican                  sponse—this man who so admires this
                                             wind technicians.                                        attempts to invalidate it.                             pillar of the American Government,
                                                 RECOGNITION OF THE MINORITY LEADER
                                                                                                        The fact that my Republican col-                     the judiciary? He refused to even per-
                                                                                                      leagues have worked systematically                     sonally meet with Merrick Garland,
                                              The PRESIDING OFFICER.                            The
                                                                                                      over the course of decades to install                  President Obama’s nominee, and he in-
                                             Democratic leader is recognized.
                                                                                                      the judicial infrastructure to take                    structed his colleagues on the Repub-
                                                             WOMEN’S HEALTHCARE
                                                                                                      down Roe v. Wade and do very real                      lican side to do the same, to shun him,
                                               Mr. SCHUMER. Madam President, I                        damage to the country and to the                       to give him the cold shoulder, and to
                                             just listened to the Republican leader,                  American way of life—that is the issue                 make it clear that, for a year, there
                                             and there was a glaring omission in his                  that will remain, and we owe—I owe—                    would be a vacancy in the Court be-
                                             speech. He did not mention what the                      an obligation to the women of America                  cause he, Senator MCCONNELL, was
                                             rally yesterday, my speech, or the case                  to fight for their constitutional rights.              praying he would get a political oppor-
                                             before the Court was about—a woman’s                       I yield the floor.                                   tunity to fill that vacancy if a Repub-
                                             constitutional right to choose.                            The PRESIDING OFFICER. The                           lican were elected to the Presidency.
                                               To the women of America: What we                       Democratic whip.                                       And, of course, that is what happened
                                             are talking about here, what I am                          Mr. DURBIN. Madam President, I                       in 2016.
                                             fighting for here is your right to                       come to the floor this morning as a                      So for Senator MCCONNELL to come
                                             choose—an issue, of course, Leader                       Senate colleague who may know CHUCK                    before us and talk about his respect for
                                             MCCONNELL completely ignored in his                      SCHUMER better than most. We lived                     the Court, keeping politics out of the
                                             speech. I feel so passionately about this                under the same roof for almost 20                      Court, calling it a pillar of the Amer-
                                             issue, and I feel so deeply the anger of                 years. We know one another. We know                    ican Government—has he forgotten
                                             women all across America about Sen-                      each other’s families. We have been to-                what he did to Merrick Garland?
                                             ate Republicans and the courts work-                     gether through moments of sadness                        Incidentally, despite his constitu-
                                             ing hand in glove to take down Roe v.                    and triumph. I know him well, and I                    tional contortion that, for some rea-
                                             Wade.                                                    come to the floor this morning to make                 son, in the last year of a Presidency,
                                               I just read about a woman in Shreve-                   this statement.                                        that President has given up any con-
                                             port who, under the Louisiana law now                      I respect Chief Justice John Roberts,                stitutional right to fill a vacancy, Sen-
                                             before the Supreme Court, would have                     but I respectfully disagree with the                   ator MCCONNELL was recently asked:
                                             to travel over 300 miles to exercise her                 statement he made yesterday about                      Well, what if that happens in the last
                                             constitutional freedoms. And this is                     Senator SCHUMER’s comments before                      year of President Trump’s administra-
                                             happening in States across the coun-                     the Supreme Court Building. It is not                  tion?
                                             try.                                                     in CHUCK SCHUMER’s nature to phys-                       Well, he wasted no time saying: Of
                                               Republican State legislatures are re-                  ically threaten anyone—anyone—or to                    course, I would let President Trump fill
                                             stricting a woman’s right to choose so                   create a dangerous situation for any                   the vacancy—as transparent as pos-
                                             severely as to make it nonexistent, and                  person. That is just not CHUCK SCHU-                   sible his partisan motives when it
                                             the courts are now likely to go along                    MER. Even his passion, as you just                     comes to that Supreme Court.
                                             because Senate Republicans have con-                     heard about the issue of women’s                         So if he wants to show respect for the
                                             firmed nominees they believe will strip                  healthcare, would not lead him to that                 Court, it certainly has not been dem-
                                             away women’s rights and fundamen-                        position. Yes, as he said, he could have               onstrated, starting with the vacancy of
                                             tally change this country, going so far                  chosen his words more carefully, but is                Justice Scalia.
                                             as to deny a duly elected President the                  there a person in public life who has                    And how about Senator MCCONNELL’s
                                             right to pick a Supreme Court Justice.                   ever stood in this Chamber or any                      single-minded effort to fill every Fed-
                                               Republicans here in the Senate are                     other who wouldn’t say the same about                  eral vacancy across the United States
                                             afraid to confront this issue directly.                  some public utterance?                                 as quickly as possible, sadly, with
                                             So they try to accomplish through the                      What troubles me is his being admon-                 many men and women who scarcely
                                             courts what they would never accom-                      ished publicly by President Donald                     have any experience of service in our
                                             plish in the court of public opinion, and                Trump for his use of words—being ad-                   judicial system?
                                             they leave women out in the cold.                        monished by President Trump for his                      So far, President Trump has sent to
                                               So, yes, I am angry. The women of                      use of words. It just takes your breath                this Senate, with Senator MCCONNELL’s
                                             America are angry. And, yes, we will                     away to think that this President, with                acceptance and approval, nine nomi-
                                             continue to fight for a woman’s right                    his thousands of tweets and statements                 nees for the Federal Judiciary who
                                             to choose. I will continue to fight for                  and utterances—outrageous as they                      have been found ‘‘not qualified’’ by the




dlhill on DSKBBY8HB2PROD with SENATE
                                             the women of America.                                    have been—would be standing as a                       American Bar Association, many of
                                               Now, I should not have used the                        judge of others when it comes to the                   them unanimously—nine men and
                                             words I used yesterday. They didn’t                      use of language.                                       women who have such extreme back-
                                             come out the way I intended to. My                         I listened carefully this morning as                 grounds or such limited experience
                                             point was that there would be political                  Senator MCCONNELL, the Republican                      that they shouldn’t sit on the Federal
                                             consequences—political consequences—                     leader, came to the floor and spoke,                   bench. But Senator MCCONNELL, with



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                                             S1512                                             CONGRESSIONAL RECORD — SENATE                                                        March 5, 2020
                                             his respect for the judiciary, couldn’t                 outrage on the part of us or Repub-                     security officials have raised concerns
                                             wait to give them lifetime appoint-                     licans in general doesn’t fit with the                  that much of Huawei’s equipment is
                                             ments.                                                  way that these comments came across                     built with ‘‘backdoors,’’ giving the Chi-
                                                Oh, you ask: Wait a minute. What                     either, because I want to read for you                  nese Government access to global com-
                                             about President Obama? How many did                     from the CNN Supreme Court reporter:                    munications networks.
                                             he send to the Senate who were found                    ‘‘Schumer, speaking at a rally of abor-                   The United States has taken a num-
                                             ‘‘not qualified’’ by the American Bar                   tion rights supporters, appeared to                     ber of steps to prevent equipment from
                                             Association? None. None, not one.                       threaten Kavanaugh and Gorsuch,                         Huawei and another suspect Chinese
                                                That is what we are facing here with                 President Trump’s two Supreme Court                     company, ZTE, from being used in U.S.
                                             Senator MCCONNELL’s singular strategy                   nominees who were confirmed after                       communications networks, but these
                                             to fill the courts with people who share                bruising nomination fights.’’                           companies still pose a risk to the
                                             his     extreme     views    on   women’s                 That is the interpretation not of FOX                 United States. For starters, some U.S.
                                             healthcare, on civil rights, and on so                  News but of CNN.                                        broadband providers, often in rural
                                             many other fundamental issues.                            I think we need to be very clear:                     areas, still have equipment from
                                                So preaching on this floor about your                When comments like that are made                        Huawei and ZTE in their communica-
                                             respect for the Supreme Court, your re-                 that threaten an independent judiciary                  tions networks, and a number of our al-
                                             spect for our Federal judiciary doesn’t                 in this country, they need to be called                 lies and trade partners, entities with
                                             go very far when you take a close look                  out and they need to be walked back. I                  whom we regularly share information—
                                             at the record that Senator MCCONNELL                    appreciate the fact that the Demo-                      including sensitive national security
                                             has written.                                            cratic leader acknowledged today that                   information—have used or are using
                                                At this point, let me suggest that we                he should have said it differently, but                 technology from Huawei and ZTE.
                                             move forward from this day and not                      it doesn’t in any way diminish what                       Yesterday’s Commerce Committee
                                             dwell on what the morning headlines                     was said or the context in which it was                 hearing focused on both of these issues.
                                             might be. We have work to do, and it                    said or the attacks that were made on                   We discussed so-called ‘‘rip and re-
                                             would be better if we did it in a bipar-                the Supreme Court.                                      place,’’ an initiative already underway
                                             tisan fashion, with respect for one an-                   It needs to be recognized as that, and                to replace suspect telecommunications
                                             other.                                                  I think all of us need to be, as U.S.                   components with hardware from trust-
                                                I stand ready to work with those on                  Senators, aware—aware—no matter                         ed companies.
                                             the other side of the aisle to achieve                  what the audience, particularly when                      Last week, the Senate unanimously
                                             that goal, but I want to say at this mo-                you are the Democratic leader, of how                   passed the Secure and Trusted Commu-
                                             ment that dwelling on this particular                   these things come across and what                       nications Networks Act, which is now
                                             chapter doesn’t serve the American                      they mean to the people who have been                   with the President to be signed into
                                             people. They didn’t send us here to                     threatened by them.                                     law. This legislation will help tele-
                                             squabble and fight. They sent us here                                      CORONAVIRUS                          communications providers with the
                                             to pass important legislation that re-                    Madam President, I am pleased that                    cost of replacing network components
                                             spects their right to quality, acces-                   Republicans and Democrats in both                       that pose a security risk. I cosponsored
                                             sible, and affordable healthcare. They                  Chambers have quickly come together                     this legislation, which was developed
                                             sent us here to make sure that women                    to provide emergency funding to com-                    by Commerce Committee Chairman
                                             have the basic constitutional right to                  bat the coronavirus, and I look forward                 ROGER WICKER.
                                             make the most important personal de-                    to voting this afternoon to send this                     Madam President, cost is a major ob-
                                             cisions of their lives. They sent us here               important funding measure to the                        stacle for small broadband providers
                                             to make sure that we serve this coun-                   President’s desk.                                       when it comes to replacing tele-
                                             try in giving working families a fight-                                             5G                          communications hardware, but, as one
                                             ing chance. All of the other things that                  Madam President, on another sub-                      expert witness at the hearing noted, a
                                             we spend time talking about on this                     ject, our Nation is poised for the wide-                lack of qualified telecommunications
                                             floor diminish in comparison.                           spread deployment of the next genera-                   workers also poses a barrier to replace-
                                                It is time for us to roll up our sleeves             tion of internet technology: 5G. With                   ment.
                                             and let the Senate be more than a                       its incredible speed and connectivity,                    I recently introduced legislation, the
                                             rubberstamp for Federal judicial nomi-                  5G will usher in a new era of innova-                   Telecommunications Skilled Work-
                                             nations when there are partisan goals                   tion. Advances in medical care, the                     force Act, to help increase the number
                                             in mind by Senator MCCONNELL and                        large-scale deployment of precision ag-                 of workers on the frontlines of replac-
                                             others.                                                 riculture, safer transportation tech-                   ing this equipment and deploying new,
                                                I yield the floor.                                   nologies—5G will bring all of these                     secure 5G networks. I hope this legisla-
                                                I suggest the absence of a quorum.                   things and more.                                        tion will quickly make its way through
                                                The PRESIDING OFFICER. The                             But, like any new technology, 5G                      the Senate. Replacing problematic
                                             clerk will call the roll.                               networks will present new risks and                     hardware     in   our    domestic    tele-
                                                The senior assistant legislative clerk               vulnerabilities. Because 5G will mean a                 communications networks will help en-
                                             proceeded to call the roll.                             vastly greater number of connected de-                  sure the security of our communica-
                                                Mr. THUNE. Madam President, I ask                    vices, the risks with 5G will be greater.               tions for years to come.
                                             unanimous consent that the order for                    That is why an essential part of de-                      As I said earlier, that is not the only
                                             the quorum call be rescinded.                           ploying 5G networks has to be looking                   challenge that we are facing. We regu-
                                                The PRESIDING OFFICER. Without                       at how we can mitigate security risks.                  larly exchange information, including
                                             objection, it is so ordered.                              Yesterday, the Senate Committee on                    sensitive national security informa-
                                                              SUPREME COURT                          Commerce, Science, and Transpor-                        tion, with our allies and trading part-
                                               Mr. THUNE. Madam President, as I                      tation, of which I am a member, held a                  ners, and this information can only be
                                             begin this morning, I want to associate                 hearing on supply chain risks for 5G.                   secure if networks on both ends are se-
                                             myself with the remarks of the Repub-                   We need to ensure that the component                    cure. That is why the United States
                                             lican leader, Senator MCCONNELL, ear-                   parts of our devices and, critically, the               has called for other countries to reject
                                             lier this morning.                                      component parts of telecommuni-                         telecommunications technology from
                                               The attacks that were made by the                     cations networks, like cell towers and                  Huawei and ZTE. While some countries
                                             Democratic leader, Senator SCHUMER,                     the small cells that will be required for               have committed to using trusted com-
                                             on the Supreme Court yesterday were                     5G, are secure.                                         panies to build out their telecommuni-




dlhill on DSKBBY8HB2PROD with SENATE
                                             not only irresponsible; they were reck-                   That means ensuring that 5G equip-                    cations networks, other countries are
                                             less and they were shameful. I think we                 ment comes from trusted vendors. Cur-                   still planning to make use of Huawei’s
                                             need to just call that what it is.                      rently, one of the biggest suppliers of                 technology.
                                               For them to suggest—for him to sug-                   5G equipment worldwide is a Chinese                       That is why I am introducing legisla-
                                             gest—that this isn’t what he meant and                  company—Huawei—which is supported                       tion today to make telecommuni-
                                             that this is somehow manufactured                       by the Chinese Government. American                     cations security a key objective when



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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                    S1513
                                             negotiating future trade deals. This                      One percent of the Federal spending                  Kentucky University. There is a ripple
                                             legislation is critical as the United                   is foreign assistance in different fash-               effect of enormous proportions. It is
                                             States begins formal trade talks with                   ions and ways, including our commit-                   not going to do much for the debt, but
                                             the United Kingdom and with other al-                   ment to our friends in Israel and other                it will do a lot to make us less safe.
                                             lies. We should be using trade agree-                   programs we have that I think are na-                    I yield to Senator LEAHY.
                                             ments to push for enhanced network                      tional-defense oriented.                                 Mr. LEAHY. Mr. President, my friend
                                             security globally, which would benefit                    The U.S. Global Leadership Coali-                    and colleague on the floor—I totally
                                             not only our country but every country                  tion—consisting of 500 businesses,                     agree with what he just said. Senator
                                             with which we do business.                              NGOs, military, and faith leaders—has                  SHELBY and I will be giving longer
                                               As one witness noted at yesterday’s                   warned that ‘‘cuts of this magnitude                   statements in a few minutes.
                                             hearing, this legislation is ‘‘long over-               would have devastating consequences                      Senator GRAHAM and I have had the
                                             due.’’ I could not agree more. Over the                 on our ability to confront unprece-                    duty to put through the Foreign Oper-
                                             past few years, we have talked a lot                    dented global challenges—including                     ations bill for a number of years now.
                                             about the importance of having the                      countering China’s growing influence                   We tried to do it in a bipartisan and
                                             United States win the global race to                    around the world, supporting partners                  nonpartisan way, and as a result, it has
                                             5G. There are important reasons for                     in the fight against extremism, and ad-                gotten very strong support from both
                                             that. For starters, having the United                   dressing the impacts of the Venezuelan                 sides of the aisle, which is what we
                                             States at the forefront of 5G tech-                     refugee crisis on key allies like Colom-               hope will happen now.
                                             nology will mean big benefits for our                   bia.’’                                                   I will certainly be voting with Sen-
                                             economy and for American workers,                         I would even go further: This cut                    ator GRAHAM’s motion to table when he
                                             but there are also important security                   would devastate the foreign assistance                 makes it. Every Senator—he or she—
                                             reasons to have the United States at                    account in terms of being able to deal                 can vote any way they want, but I
                                             the head of the 5G revolution. If we                    effectively with the effects of the virus              would note for our colleagues, Senator
                                             lead the world in implementing 5G, we                   overseas.                                              SHELBY and I and key Senators—in-
                                             will have the chance to set standards                     David Beasley, head of the World                     cluding the Senator now on the floor—
                                             for 5G deployment—including, most                       Food Programme, warned in an AP ar-                    in both parties have worked every day,
                                             importantly, network security stand-                    ticle, which I would like to make part                 every evening, our staffs on weekends,
                                             ards.                                                   of the RECORD, that ‘‘if the coronavirus               in order to get to where we are. This is
                                               It is no exaggeration to say that hav-                continues to create panic around the                   a product of every single Republican,
                                             ing the chance to set worldwide stand-                  world, and there is an economic down-                  every single Democrat who wanted a
                                             ards for 5G is critical—it is critical—to               turn, I have been telling European                     voice in this, a chance to speak to it.
                                             our national security. Our tele-                        leaders, and leaders around the world,                 Both Senator SHELBY, as chairman,
                                             communications networks already play                    you don’t have enough money set aside                  and I, as vice chairman, made sure that
                                             a huge role in our national security,                   to address the needs in Africa, East Af-               voices were heard.
                                             and that role will only grow as we fully                rica, West Africa, in the Middle East                    I yield the floor.
                                             adopt 5G technology. We need to en-                     right now.’’                                             Mr. GRAHAM. I would like to again
                                             sure that U.S. networks are as secure                     We are only beginning to understand                  compliment you and Senator SHELBY.
                                             as it is possible for them to be.                       the cost associated with the virus.
                                               I appreciated the witnesses who took                                                                         You always deliver. You always seem
                                                                                                       I want to compliment Senators                        to be able to do things that other peo-
                                             the time to address the Commerce                        SHELBY and LEAHY for putting this
                                             Committee yesterday. There is no bet-                                                                          ple can’t do at a time when we need
                                                                                                     package together. I compliment the                     you to deliver for the body and the
                                             ter way to learn what needs to be done                  White House, the Senate, and the
                                             for 5G security than to hear from the                                                                          country.
                                                                                                     House. There was a huge vote in the                      Mr. President, I would like to have
                                             people on the ground who spend every                    House.
                                             waking day managing network secu-                                                                              printed in the RECORD an article, ‘‘UN
                                                                                                       If we accept Senator PAUL’s offset                   food aid chief fears for Africa, Mideast
                                             rity issues. I look forward to con-                     amendment, we will be devastating our
                                             tinuing to work with all of my col-                                                                            amid new crises,’’ and a U.S. Global
                                                                                                     ability as a nation to deal with this                  Leadership Coalition letter, dated
                                             leagues in the Senate to advance tele-
                                                                                                     matter overseas.                                       March 5, 2020.
                                             communications security and ensure                        As to Senator PAUL’s world view, I
                                             that the United States is fully prepared                                                                         There being no objection, the mate-
                                                                                                     have consistently rejected it. When it                 rial was ordered to be printed in the
                                             for the 5G future.                                      comes to international terrorism, I
                                               I yield the floor.                                                                                           RECORD, as follows:
                                               I suggest the absence of a quorum.                    have no desire to go back to the pre-9/
                                                                                                                                                                UN FOOD AID CHIEF FEARS FOR AFRICA,
                                               The PRESIDING OFFICER. The                            11 footprint of where we ignore prob-
                                                                                                                                                                       MIDEAST AMID NEW CRISES
                                             clerk will call the roll.                               lems over there, hoping they will not
                                                                                                                                                                             [March 5, 2020]
                                               The senior assistant legislative clerk                come here. When it comes to fighting
                                                                                                     disease and containing viruses, I think                  AMMAN, JORDAN (AP)—The head of the
                                             proceeded to call the roll.                                                                                    U.N.’s food aid agency warned of ‘‘absolute
                                               Mr. GRAHAM. Mr. President, I ask                      we understand that we have to be
                                                                                                                                                            devastation’’ in Africa and parts of the Mid-
                                             unanimous consent that the order for                    present over there, and in an effective                dle East in coming months if wealthier na-
                                             the quorum call be rescinded.                           way, to control the spread of the                      tions grappling with an economic downturn
                                               The PRESIDING OFFICER (Mr.                            coronavirus, Ebola, and other diseases                 linked to the new coronavirus don’t step up
                                             BRAUN). Without objection, it is so or-                 that can make their way to America.                    aid efforts in countries in need.
                                             dered.                                                    We have always rejected these types                    David Beasley, head of the World Food
                                                               CORONAVIRUS                           of offsets by Senator PAUL. I think the                Program, told The Associated Press that the
                                               Mr. GRAHAM. Mr. President, later in                   best thing we can do is have an over-                  convergence of several crises could further
                                                                                                     whelming bipartisan vote. Count me in                  destabilize conflict-scarred regions.
                                             the day, I will be making a motion to
                                                                                                                                                              ‘‘If the corona virus continues to create
                                             table the Paul amendment that would                     for dealing with the deficit, but this is              panic around the world, and there is an eco-
                                             require offsetting the $7.76 billion for                penny wise and pound foolish because                   nomic downturn, I have been telling the Eu-
                                             the coronavirus against the foreign op-                 the $7.6 billion, if it is taken out of the            ropean leaders, and leaders around the world,
                                             erations account.                                       foreign operations account, makes this                 you don’t have enough money set aside to
                                               Senator PAUL is at it again. He is                    country less safe on multiple fronts.                  address the needs in Africa, East Africa,
                                             consistent. I respect his view; I just re-                I will be making a motion to table at                West Africa, in the Middle East right now,’’
                                             ject it. What he would be doing is basi-                the appropriate time. And I urge my                    Beasley said during an interview in Jordan




dlhill on DSKBBY8HB2PROD with SENATE
                                             cally upending the fiscal year 2020                     colleagues to understand that what                     late Wednesday, after a visit to Syria.
                                                                                                                                                              ‘‘If there is an economic downturn, on top
                                             agreement on foreign assistance spend-                  happens over there matters to us over
                                                                                                                                                            of the economic downturn that exists now in
                                             ing passed by Congress and signed into                  here. This would devastate programs                    Syria and Lebanon, it absolutely could be a
                                             law by President Trump. He would be                     like the Benjamin Gilman Inter-                        catastrophe,’’ he said. ‘‘I mean absolute dev-
                                             putting our Nation at risk if this                      national Scholarships and participant                  astation. I am very concerned about what
                                             amendment actually passed.                              schools like Berea College and Western                 would happen in the next six months. You




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                                             S1514                                             CONGRESSIONAL RECORD — SENATE                                                         March 5, 2020
                                             could see destabilization unlike any time pe-           your commitment to strengthening the crit-             ending September 30, 2020, and for other pur-
                                             riod, maybe in my lifetime.’’                           ical resources needed to advance America’s             poses.
                                               In the Middle East, Iran has been hardest             global leadership.                                       The PRESIDING OFFICER. The Sen-
                                             hit by the new virus which has spread around                  Sincerely,                                       ator from Maryland.
                                             the globe after first being detected in the                                       LIZ SCHRAYER,
                                                                                                                                                                          TRUE EQUITY ACT
                                             Chinese city of Wuhan late last year. There                                President & CEO, USGLC.
                                             are over 3,740 cases of the virus across the                                                                     Mr. CARDIN. Mr. President, at the
                                                                                                       Mr. GRAHAM. Mr. President, I wrap                    end of fiscal year 2021, the 5-year au-
                                             Mideast, with most linking back to the Is-
                                             lamic Republic which also confirmed dozens
                                                                                                     up by saying that Senator PAUL is con-                 thorization for the Elementary and
                                             of deaths. Only a small number of cases has             sistent. Every time he wants to pay for                Secondary Education Act, our Nation’s
                                             been reported in Sub-Saharan Africa so far.             something, he comes to the foreign as-                 foundational prekindergarten through
                                               Beasley did not give an amount for addi-              sistance account. I understand the ar-                 12th grade law, is due to expire.
                                             tional aid needed, but suggested it would be            gument: Why are we spending over                         While I understand that previous re-
                                             in the billions of dollars. Beasley spoke after         there when we have problems here?                      authorizations took 13 years and al-
                                             a tour of Syria’s northwestern ldlib province,          That sounds good until you realize how
                                             the country’s last rebel stronghold, where
                                                                                                                                                            lowed an entire generation of students
                                                                                                     the world is.                                          to matriculate through school systems
                                             hundreds of thousands of civilians have been
                                             displaced in recent weeks by a Russian-
                                                                                                       On September 10, 2001, the day before                around our Nation, I am here today to
                                             backed Syrian government offensive.                     9/11, we didn’t have one soldier in Af-                stress that our kids can’t wait for the
                                               U.N. agencies, including the WFP, are dis-            ghanistan, not an embassy, not an am-                  needed transformational changes to
                                             tributing aid in ldlib, but are often hampered          bassador, not a dime of aid. The                       our Nation’s Federal, State, and local
                                             by logistics problems, including shifting               Taliban were in charge, and they gave                  education policies and additional fund-
                                             front lines, access restrictions and roads              al-Qaida safe haven. That is where the                 ing investments.
                                             clogged by large numbers of people on the               planning of the attacks and 9/11 origi-                  To provide a stronger Federal part-
                                             move.
                                               The leaders of Russia, which backs the                nated. Looking back, wouldn’t it have                  nership to States and local commu-
                                             Syrian government, and Turkey, which                    been nice to have had some influence                   nities that have worked together to
                                             backs the rebels, were meeting in Moscow on             in Afghanistan on September 10?                        support transformational change that
                                             Thursday to try to avert further calamity.                All I can say is, I will never go back               will ensure educational equity and
                                             But any deal will likely bring only a tem-              to that pre-9/11 mindset of ignoring the               quality for all public school students, I
                                             porary halt in the punishing offensive by the           world, because I have learned, like                    introduced the TRUE EQUITY Act. It
                                             military of Syria’s President Bashar Assad,             most Americans, the world can come                     stands for the Transformational Re-
                                             which threatens continued suffering for the 3           here in a very bad way or very good                    forms and Updates to Ensure Edu-
                                             million people trapped in ldlib.
                                               Beasley appealed to leaders on all sides of           way, depending on how we defend our-                   cational Quality and Urgent Invest-
                                             the Syrian conflict to end the war, which has           selves.                                                ments in Today’s Youth Act.
                                             raged for nine years. ‘‘Enough is enough,’’ he            This 1 percent of the budget—foreign                   My home State of Maryland has been
                                             said. ‘‘Too many people have suffered too               assistance to deal with problems over                  long recognized as having one of the
                                             long.’’                                                 there—is absolutely essential in terms                 best public school systems in the coun-
                                                                                                     of global health. He exempted the glob-                try, according to the independent
                                                 U.S. GLOBAL LEADERSHIP COALITION,                   al health component of the foreign as-                 newspaper     Education     Week.   This
                                                                             March 5, 2020.          sistance account, but the money—$7.76                  ranges from having entire county-
                                             Hon. LINDSEY GRAHAM,
                                                                                                     billion—will destroy other things in                   based local school systems ranked as
                                             Chairman, Subcommittee on State-Foreign Oper-
                                                 ations, Committee on Appropriations, U.S.           the account that I think are vital to                  near the top in the Nation to indi-
                                                 Senate, Washington, DC.                             our public health here and our national                vidual schools producing national lead-
                                             Hon. PATRICK LEAHY,                                     security and our alliances. You cannot                 ers in academic achievement. In addi-
                                             Ranking Member, Subcommittee on State-For-              fight problems like this by yourself.                  tion, Maryland was one of the first
                                                 eign Operations, Committee on Appropria-            You need partners. You need to get in-                 States to offer half-day preschool for 4-
                                                 tions, U.S. Senate, Washington, DC.                 volved over there so the virus doesn’t                 year-olds, has broad access to Ad-
                                               DEAR CHAIRMAN GRAHAM AND RANKING                                                                             vanced Placement courses for high
                                                                                                     spread any more here than necessary.
                                             MEMBER LEAHY: On behalf of the more than
                                                                                                       I hope that people will listen to what               schoolers, and pays for dual-enrollment
                                             500 business and NGO members of the U.S.
                                             Global Leadership Coalition {USGLC), in-                Senator LEAHY just said, that this was                 courses for high school students at our
                                             cluding business, military, and faith-based             a negotiated agreement. We all came                    local community colleges.
                                             leaders in all 50 states, I write in strong op-         together to get a budget. Senators                       I am proud of these accomplish-
                                             position to an amendment proposed by Sen-               SHELBY and LEAHY did a wonderful job                   ments. However, not all of our students
                                             ator Rand Paul that would offset emergency              working with the House and the White                   have found success.
                                             funding to address the growing coronavirus              House to get us to where we are today.                   In 2016, the Maryland General Assem-
                                             threat by canceling over $8 billion in con-             This amendment would upset every-                      bly and the Governor of Maryland es-
                                             gressionally approved funds for the Inter-                                                                     tablished the Maryland Commission on
                                             national Affairs Budget.
                                                                                                     thing. I am going to move to table it at
                                                                                                     the appropriate time.                                  Innovation and Excellence in Edu-
                                               If enacted, this amendment would cancel
                                                                                                       With that, I suggest the absence of a                cation, chaired by the former chan-
                                             critical funding for State Department,
                                             USAID, and other development programs                   quorum.                                                cellor of the University System of
                                             around the world, undermining our national                The PRESIDING OFFICER. The                           Maryland, William ‘‘Brit’’ Kirwan, to
                                             security and economic interests and placing             clerk will call the roll.                              identify the policies and practices so
                                             America’s global leadership at risk. Cuts of              The legislative clerk proceeded to                   that Maryland’s schools perform at the
                                             this magnitude would have devastating con-              call the roll.                                         level of the world’s highest performing
                                             sequences on our ability to confront unprece-             Mr. CARDIN. Mr. President, I ask                     school system. The commission was
                                             dented global challenges—including coun-                unanimous consent that the order for                   charged with a number of tasks, in-
                                             tering China’s growing influence around the                                                                    cluding a review of the current funding
                                             world, supporting partners in the fight
                                                                                                     the quorum call be rescinded.
                                                                                                       The PRESIDING OFFICER. Without                       formulas and accountability measures
                                             against extremism, and addressing the im-
                                             pacts of the Venezuelan refugee crisis on key           objection, it is so ordered.                           utilized to ensure educational equity
                                             allies like Colombia.                                                     f                                    and equality, how Maryland schools
                                               There is a strong bipartisan legacy in the                                                                   prepare students for postsecondary
                                             Senate of rejecting deep and dangerous cuts             CORONAVIRUS           PREPAREDNESS                     education in the workforce, and to
                                             to America’s development and diplomacy                    AND RESPONSE SUPPLEMENTAL                            make recommendations for the State
                                             programs. I urge the Senate to once again                 APPROPRIATIONS ACT, 2020                             on    needed    funding    improvements
                                             take decisive action and reject Senator                   The PRESIDING OFFICER. Under                         across the State and local school dis-




dlhill on DSKBBY8HB2PROD with SENATE
                                             Paul’s shortsighted amendment. Doing so
                                                                                                     the previous order, the Senate will pro-               tricts.
                                             will ensure that resources already approved
                                                                                                     ceed to the consideration of H.R. 6074,                  These reviews are necessary to sup-
                                             by Congress can be fully deployed to support
                                             cost-effective programs that advance Amer-              which the clerk will report.                           port growing populations of children
                                             ica’s interests.                                          The legislative clerk read as follows:               with disabilities, how to improve and
                                               Thank you for your unwavering support of                A bill (H.R. 6074) making emergency sup-             expand programs supporting postsec-
                                             America’s international affairs programs and            plemental appropriations for the fiscal year           ondary credential attainment, and



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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                S1515
                                             other policy changes to address the                     Forty-three percent of Maryland stu-                     The five main policy recommenda-
                                             academic achievement gap that has                       dents are low income and eligible for                  tions would first invest in high-quality
                                             persisted along racial, ethnic, and in-                 free or reduced-price school meals,                    early childhood education and care
                                             come levels of students of color and                    meaning that they come from families                   through a significant expansion of full-
                                             low-income students compared to their                   at or below 185 percent of the Federal                 day preschool, to be free for all low-in-
                                             higher income and White peers.                          poverty line. For every 10 public                      come, 3- and 4-year-olds, so that chil-
                                               To meet this expansive charge, the                    schools across our State, there is a                   dren have the opportunity to begin
                                             commission      included    stakeholders                concentration of poverty where enroll-                 kindergarten ready to learn.
                                             from across our State, including rep-                   ment consists of at least 55 percent of                  Second is to invest in teachers and
                                             resentatives of the Maryland General                    students living in poverty. These                      school leaders by elevating the stand-
                                             Assembly, including our now speaker                     schools are in all of our subdivisions                 ard and status of the teaching profes-
                                             of the Maryland House Delegates and                     except one.                                            sion, including a performance-based ca-
                                             our now State Senate president, the                       In 15 percent of Maryland schools, at                reer ladder and salaries comparable to
                                             Governor’s office, county elected lead-                 least 80 percent of children are low in-               other fields with similar educational
                                             ers, education leaders, including State                 come. Students attending schools with                  requirements.
                                             and local school board representatives,                 a concentration of poverty receive less                  Third, it creates a world-class in-
                                             our State and local superintendents,                    funding per pupil than other school dis-               structional system with an inter-
                                             leader of our State’s public university                 tricts. For example, 53 percent of Afri-               national benchmark curriculum that
                                             system, teachers, business leaders, and                 can-American students attend schools                   enables most students to achieve ‘‘col-
                                             leading education advocacy organiza-                    with concentrations of poverty, while                  lege or career ready’’ status by the 10th
                                             tions, such as the Maryland State Edu-                  only 8 percent of White students attend                grade and then pursue pathways to in-
                                             cation Association, Maryland Parent                     these schools.                                         clude early college, Advanced Place-
                                                                                                       The academic achievement gap be-
                                             Teacher Association, and Maryland                                                                              ment courses, or a rigorous technical
                                                                                                     tween Maryland students with means
                                             Family Network.                                                                                                education leading to industry-recog-
                                                                                                     and our low-income students is stark.
                                               In addition to the members of the                                                                            nized credentials and higher paid jobs.
                                                                                                     On the English 10 exam, 62 percent of
                                             commission, the commission actively                                                                              Fourth, it provides support to stu-
                                                                                                     economically      advantaged    students
                                             sought input from the public with nu-                                                                          dents who need it the most, with broad
                                                                                                     earned a passing score, while 28 percent
                                             merous meetings soliciting public com-                                                                         and sustained support for schools serv-
                                                                                                     of those students who are on free and
                                             ment held across our State. In January                                                                         ing high concentrations of poverty,
                                                                                                     reduced-price meals were deemed pro-
                                             2019, the commission unanimously re-                                                                           with after-school and summer aca-
                                                                                                     ficient. These statistics are stark. We
                                             leased their interim report that found                                                                         demic programs and student access to
                                                                                                     know we have a problem. We have to
                                             Maryland students scored in the middle                                                                         needed health and social services.
                                                                                                     deal with it.
                                             of the pack on the National Assess-                       The commission reported that these                     Finally, it ensures excellence for all
                                             ment of Educational Progress, known                     academic achievement disparities con-                  through an accountability oversight
                                             as the ‘‘Nation’s report card,’’ which is               tinued into college enrollment, with                   board that has the authority to ensure
                                             given to representative samples of 4th,                 fewer students of color and low-income                 that transformative education system
                                             8th, and 12th graders in every State.                   students enrolling in college than their               recommendations are successfully im-
                                               The gaps in achievement between so-                   higher income and White peers.                         plemented and produce the desired im-
                                             cioeconomic, racial, and children with                    We    will   find   similar   numbers                provements in student achievement.
                                             disabilities were far too large in a                    throughout our Nation. We need to do                     These reforms would be implemented
                                             State like Maryland that has com-                       something about this. Concerns about                   over a 10-year period, creating a sus-
                                             mitted resources and established poli-                  the state of education in Maryland was                 tained and coordinated effort to trans-
                                             cies that are meant to provide a world-                 not limited to student performance.                    form Maryland’s public education sys-
                                             class public education system.                          The commission’s interim report also                   tem into a world-class system, ele-
                                               The commission also reported that                     found that students face a rotating car-               vating the teaching profession, and
                                             less than half of kindergartners enter-                 ousel of teachers throughout their time                eliminating educational inequities. An
                                             ing our school system were ready to                     in schools. With the average salary for                independent analysis conducted in No-
                                             learn, and fewer than 40 percent of stu-                teachers in Maryland approximately 25                  vember 2019 confirms that the cost to
                                             dents who are graduating from high                      percent less than professionals with                   implement the commission’s rec-
                                             school truly are ‘‘college or career                    comparable levels of education, it is                  ommendations will pay for themselves
                                             ready.’’ This is in spite of the esti-                  difficult to attract to the profession.                shortly after the 10-year implementa-
                                             mates that by 2022 nearly two-thirds of                 Sixty percent of our new teachers are                  tion period.
                                             the jobs in Maryland will require at                    recruited from outside our State each                    Last year, the Maryland General As-
                                             least postsecondary credentials, wheth-                 year. This is a common problem we                      sembly recognized that our children
                                             er they be nationally recognized indus-                 have throughout the country.                           could not wait to implement the com-
                                             try certificates or 2-year or 4-year col-                 Once those individuals arrive in the                 mission’s recommendations and estab-
                                             lege degrees.                                           classroom, 47 percent will leave by the                lished the Blueprint for Maryland’s Fu-
                                               For instance, in 2017, just under half                start of their third year. The turnover                ture to lay the groundwork for the im-
                                             of all students across Maryland high                    is tremendous. It is salary issues. It is              plementation of the commission’s rec-
                                             schools received a proficient score on                  working conditions. It makes it dif-                   ommendations.
                                             their English 10 exam. That exam helps                  ficult to get the true professionalism                   Starting this year, the Blueprint for
                                             evaluate the students’ readiness for                    and commitments that we need in edu-                   Maryland’s Future is assisting low-in-
                                             college or career. Disaggregated data                   cation. This difficulty in recruiting in-              come families’ access to expanded serv-
                                             shows the continued struggle to close                   dividuals and the constant churn                       ices and early childhood education, in-
                                             academic achievement gaps among ra-                     leaves Maryland students and local                     cluding free prekindergarten for 3- and
                                             cial and socioeconomic groups. Along                    education systems facing shortages in                  4-year-olds from low-income families.
                                             racial lines, 77 percent of Asian stu-                  critical need areas, such as special edu-                The Blueprint for Maryland’s Future
                                             dents and 67 percent of White students                  cation, language, and the STEM fields.                 is assisting in the recruitment of new
                                             were proficient. However, only 34 per-                    In order to address these inequities                 teachers to the profession through in-
                                             cent of Hispanic students and 29 per-                   in education, the commission unani-                    creased teacher pay and career ladders
                                             cent of African-American students                       mously agreed on a proposal with five                  for exiting teachers to help train the
                                             earned proficiency scores.                              transformative policy recommenda-                      next generation. A newly established




dlhill on DSKBBY8HB2PROD with SENATE
                                               The commission’s interim report                       tions in their interim report that                     career readiness standard will allow
                                             highlighted that despite Maryland                       would provide significant, additional                  Maryland high school students to suc-
                                             being ranked as one of the top five                     investments in Federal, State, and                     ceed in dual-enrollment courses offered
                                             States with the highest household me-                   local funding and modify policies for                  by local community colleges.
                                             dian income, a large number of Mary-                    Maryland’s prekindergarten through                       The ‘‘Blueprint’’ addresses Mary-
                                             land students are living in poverty.                    12th grade education system.                           land’s education formulas to better



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                                             S1516                                             CONGRESSIONAL RECORD — SENATE                                                           March 5, 2020
                                             target resources to students who need                   allow the Federal Government’s fund-                    other provision of law, all amounts made
                                             additional assistance, including chil-                  ing to backfill reductions in State and                 available for fiscal year 2020 for the East-
                                             dren with disabilities, English learners,               local commitments to educational                        West Center under title I of the Department
                                                                                                                                                             of State, Foreign Operations, and Related
                                             and students in schools with high con-                  funding.
                                                                                                                                                             Programs Appropriations Act, 2020 (division
                                             centration of poverty. This is all done                   As a requirement to receiving one of                  G of Public Law 116–94), the Inter-American
                                             while increasing accountability to en-                  the four new TRUE EQUITY grants, a                      Foundation under title III of such Act, and
                                             sure that the additional investments                    State would be required to have an                      educational and cultural exchange programs
                                             are properly implemented and help our                   independent oversight board to ensure                   under title I of such Act that remain unobli-
                                             students succeed.                                       that the State and local districts would                gated as of the date of the enactment of this
                                               That is the path that we are on. I                    be meeting their State-designated edu-                  Act are rescinded.
                                             agree with advocates and elected lead-                  cational equity goals, and the over-                      (b) PROPORTIONAL RESCISSIONS OF OTHER
                                                                                                                                                             UNOBLIGATED      DISCRETIONARY        APPROPRIA-
                                             ers who understand our kids cannot                      sight board would have the ability to                   TIONS.—
                                             wait for adoption of these rec-                         hold the State and local school dis-                      (1) IN GENERAL.—Except as provided under
                                             ommendations at some point in the fu-                   tricts accountable for not meeting                      paragraph (2), after rescinding the amounts
                                             ture. We need to act now. We need to                    their targeted goals.                                   required under subsection (a), the Director of
                                             implement     these    recommendations                    These grants are flexible to allow                    the Office of Management and Budget shall
                                             now and view them as a national model                   local communities to meet their needs                   rescind, on a proportional basis, such
                                             for other States to aspire to. Without                  over a several-year period, whether it                  amounts as may be necessary to fully offset
                                             transformative change, we will con-                     be through the establishment of a col-                  (in conjunction with the rescissions under
                                                                                                                                                             subsection (a)) the amounts appropriated by
                                             tinue to hope for significantly different               lege and career readiness pathway to
                                                                                                                                                             this Act from the unobligated amounts ap-
                                             results with only incremental changes,                  support a high school student’s dual                    propriated for fiscal year 2020 for—
                                             or we can be bold and change the fu-                    enrollment at a local community col-                      (A) the Economic Support Fund under
                                             ture of our children and our country                    lege and provide a jump-start on col-                   chapter 4 of part II of the Foreign Assistance
                                             and every child with the high-quality                   lege; additional funding to expand the                  Act of 1961 (22 U.S.C. 2346 et seq.); and
                                             education skills training that they                     number of early learning hubs in the                      (B) the United States Agency for Inter-
                                             need to be successful and climb out of                  State—in Maryland, these are known                      national Development.
                                             poverty.                                                as Judy Centers—or training for teach-                    (2) EXCLUSIONS.—In making the rescissions
                                               I reject the arguments from those                                                                             required under paragraph (1), the Director
                                                                                                     ers on how to address the needs of our
                                                                                                                                                             shall not rescind any amounts appropriated
                                             who would claim that the recommenda-                    children with disabilities.                             for—
                                             tions are too costly to implement.                        As Congress begins to look at the                       (A) global health programs under title III
                                             Without the full implementation of the                  next reauthorization of the Elementary                  of the Department of State, Foreign Oper-
                                             commission’s recommendations, we are                    and Secondary Education Act, I urge                     ations, and Related Programs Appropria-
                                             failing in our primary goal in govern-                  my colleagues to listen to the voices of                tions Act, 2020 (division G of Public Law 116–
                                             ment of providing a better future for                   the Marylanders across our State who                    94); or
                                             our children, allowing them to slip be-                 know that our kids can’t wait for the                     (B) assistance to Israel.
                                             hind their national and international                   implementation of these recommenda-                       Mr. PAUL. Mr. President, my amend-
                                             peers.                                                  tions and support the TRUE EQUITY                       ment would pay for the emergency
                                               These arguments also fail to see that                 Act.                                                    funds for the coronavirus.
                                             the investments in our children can                       I congratulate the members of the                       I think that we should not let fear or
                                             lead to a lifetime of reduced costs in                  commission who thoughtfully re-                         urgency cause us to lose our minds and
                                             public safety and healthcare costs, as                  searched and crafted this national                      cause us to act in an irresponsible fash-
                                             children can grow and support them-                     model for States to be able to see                      ion. I, for one, have looked at foreign
                                             selves and their future families                        transformative change and raise their                   aid over the years as welfare that we
                                             through the education they receive in                   educational systems to that of a world-                 send to other countries that really is
                                             public schools. These investments will                  class school system. We owe our chil-                   not particularly in our best interests
                                             pay back dividends in a stronger econ-                  dren nothing less than to provide them                  anyway. If you follow foreign aid
                                             omy that will benefit all of us.                        with the best possible outcome in our                   through the years, what you will find is
                                               I believe we should not allow States                  Nation’s public schools.                                that it goes from middle-class folks in
                                             and local communities to make these                       I suggest the absence of a quorum.                    rich countries to rich people in poor
                                             transformative changes on their own.                      The PRESIDING OFFICER (Mr.                            countries. Frankly, people enrich
                                             The Federal Government should be a                      SCOTT of Florida). The clerk will call                  themselves at our expense. They steal
                                             strong Federal partner in ensuring ac-                  the roll.                                               our money. The Mubarak family in
                                             countability and in addressing edu-                       The legislative clerk proceeded to                    Egypt is now worth billions of dollars,
                                             cational inequities for our children.                   call the roll.                                          which it skimmed off the top. The his-
                                               That is why I introduced the TRUE                       Mr. PAUL. Mr. President, I ask unan-                  tory of this throughout the Third
                                             EQUITY Act. This legislation, which is                  imous consent that the order for the                    World is legion and is well known.
                                             purposely modeled after the commis-                     quorum call be rescinded.                                 My amendment would basically take
                                             sion’s recommendation, establishes                        The PRESIDING OFFICER. Without                        the $8 billion from the welfare we give
                                             four new, supplemental Federal grant                    objection, it is so ordered.                            to foreign countries in order to pay for
                                             opportunities for State and local                                         AMENDMENT NO. 1506                    this. I see no reason we shouldn’t do
                                             school districts that are committed to                    Mr. PAUL. Mr. President, I call up                    this. I am not opposed to the emer-
                                             addressing educational inequities while                 my amendment, No. 1506, and I ask                       gency funding, but I think that the
                                             holding States and local school dis-                    that it be reported by number.                          emergency funding should be gotten
                                             tricts accountable for failing to prop-                   The PRESIDING OFFICER. The                            from elsewhere in the budget and that
                                             erly support their students.                            clerk will report.                                      this is the responsible way to act.
                                               In strengthening the Federal Govern-                    The legislative clerk read as follows:                  Every day, people across the country
                                             ment’s commitment as a partner in                         The Senator from Kentucky [Mr. PAUL]                  are confronted with unexpected ex-
                                             education, the four new TRUE EQUITY                     proposes an amendment numbered 1506.                    penses. We budget and we plan, but
                                             grants would provide an additional $1                        The amendment is as follows:                       things happen. When they do, we adjust
                                             of Federal funds for every $2 of State                                                                          and plan accordingly. Sometimes we
                                                                                                     (Purpose: To rescind unobligated balances
                                             and local funds that are committed to                     for certain international programs to off-
                                                                                                                                                             confront an expense that is not only
                                             education beyond their fiscal year 2019                                                                         unexpected but is urgent, and that is




dlhill on DSKBBY8HB2PROD with SENATE
                                                                                                       set the amounts appropriated in this bill to
                                             spending levels.                                          respond to the coronavirus outbreak)                  where we find ourselves today. We
                                               State and local school districts that                   At the appropriate place, insert the fol-             want to respond and make sure we are
                                             receive grants would be required to                     lowing:                                                 providing resources to our medical pro-
                                             meet a maintenance of effort to ensure                  SEC. ll. RESCISSIONS.                                   fessionals and researchers. That is im-
                                             that the State and local educational                      (a) EDUCATIONAL AND CULTURAL ASSIST-                  portant, and I fully support that, which
                                             spending is maintained and would not                    ANCE    PROGRAMS.—Notwithstanding any                   is why we should use this moment to



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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                S1517
                                             ask ourselves whether it is really nec-                   The other way they ignore the rules                  would decimate programs that fund the
                                             essary to keep spending on wasteful                     on pay-go is they declare things to be                 foreign policy priorities of both the ad-
                                             things.                                                 emergencies, so everything is an emer-                 ministration and the Congress. A cut of
                                               If we don’t consider this now, when                   gency. They say: Well, what would we                   that size would be about two-thirds of
                                             will we ever consider this?                             do if we didn’t have this—if it weren’t                the total funding appropriated for
                                               We want an all-hands-on-deck re-                      an emergency?                                          these purposes, some of which has al-
                                             sponse, so we should be cutting out                       We already spend billions of dollars                 ready been spent.
                                             waste and moving those resources to                     and have spent billions of dollars over                  I remember when James Mattis was
                                             something that is of more immediate                     the years to prepare for epidemics. We                 the Secretary of Defense. He is a man
                                             concern. So, if the coronavirus is of im-               fund the CDC, and we fund the NIH.                     I admire for his work as a four-star
                                             mediate concern—and I think it is—                      There is a lot of money out there.                     general with the Marine Corps and as
                                             let’s address that situation now, but                     Once again, I am not against giving                  Defense Secretary. He is not a man
                                             let’s do so by taking money from less                   additional money, but we should just                   who looked at the world or the needs of
                                             urgent things and money that we are                     make a decision. We should be mature                   our military in an abstract fashion; he
                                             wasting overseas—money that is often                    people and say we are not just going to                dealt with it every day. He came before
                                             stolen by Third-World dictators. That                   print up the money or borrow it from                   our Committee on Appropriations and
                                             is exactly what I am proposing today.                   China but are going to take it, maybe,                 said: If you want to cut foreign aid,
                                               We have the money. We don’t need to                   from something less necessary.                         buy me more bullets.
                                             borrow more money. We just have to                        When we don’t want to pay for new                      He made it very clear that there are
                                             start setting our own priorities. For                   spending, we just simply waive these                   areas in the world where what we do
                                             example, we shouldn’t spend another                     rules on pay-go. We declare the spend-                 keeps us from having to go to combat.
                                             dollar in developing a foreign economy                  ing to be emergency, and we get around                   The Paul amendment would prac-
                                             this year. That spending should be                      the requirement. That is how we got a                  tically eliminate the remaining budget
                                             stopped, and the money should be spent                  $23 trillion debt. We actually borrow $2               for programs to strengthen democracy,
                                             here to buy supplies, to help expedite                  million every minute.                                  combat corruption, promote economic
                                             research, and to support our commu-                       People say: Well, we have to do some-                growth, improve water and sanitation,
                                             nities. The funds I am proposing to                     thing. People are running around, act-                 aid victims of war and natural disas-
                                             keep at home have been used abroad                      ing crazy—we have to do something.                     ters, and support our allies and part-
                                             for all kinds of unnecessary and waste-                 Well, who is going to do something                     ners in countless ways.
                                             ful things. I will give you a few exam-                 about the $23 trillion debt?                             The reason the State Department
                                             ples.                                                     Do we not have 5 minutes to take a                   and USAID need supplemental funds is
                                               We send U.S. taxpayer dollars to fund                 vote? In 15 minutes, we will be taking                 that the resources provided in fiscal
                                             kids from Pakistan to go to space camp                  this vote, and people could simply vote                year 2020 are not sufficient to meet the
                                             in America. We spend money on com-                      and say that we are not going to bor-                  unanticipated public health, economic,
                                             bating student truancy in the Phil-                     row more money and that we will take                   and humanitarian challenges presented
                                             ippines. We have been funding the Pe-                   the money from somewhere else in the                   by the coronavirus. Yet the Paul
                                             ruvian Green New Deal. We actually                      budget that is less pressing.                          amendment would cut billions from the
                                             send money to help deported illegal im-                   Mark my words—there is no fiscal re-                 same accounts for which additional re-
                                             migrants start up businesses in El Sal-                 sponsibility up here among either                      sources are needed.
                                             vador. What business is it of the U.S.                  party. It will be a small minority of us                 The funding for the programs that
                                             taxpayer to be funding small busi-                      who will say that this funding should                  would be cut by the Paul amendment is
                                             nesses in El Salvador for people who                    be offset by taking it from somewhere                  how we make our presence felt around
                                             broke the law by trying to break into                   else in the budget.                                    the world. It actually totals less than 1
                                             our country? It is insane. At this point                  In times of emergency, Congress                      percent of the Federal budget.
                                             in time, I think this money would be                    scrambles to put together new spend-                     Senators of both parties—of both par-
                                             better spent on research on the                         ing, but we should be working just as                  ties—voted overwhelmingly to include
                                             coronavirus and on a response to this                   hard to pay for the cost that comes                    this funding in the fiscal year 2020
                                             epidemic should it become worse in our                  with emergencies.                                      State, Foreign Operations appropria-
                                             country.                                                  Which is a higher priority—spending                  tions bill.
                                               The list doesn’t stop there. I don’t                  millions of dollars to stabilize the sup-                In case anybody has forgotten when
                                             know why we can’t agree to spend this                   ply chain of medical supplies and treat-               that was, that was just 3 months ago.
                                             money on the coronavirus instead of                     ments here at home or spending mil-                      The Paul amendment would also
                                             spending it abroad. We spend over $50                   lions on international arts festivals?                 eliminate $475 million that Congress
                                             billion a year in Afghanistan—building                  Which is a higher priority—spending                    enacted less than 3 months ago for edu-
                                             their roads, building their schools, try-               millions to train frontline medical pro-               cational and cultural exchanges, in-
                                             ing to create a nation where there real-                fessionals here at home on how to limit                cluding $160 million for the Fulbright
                                             ly is no nation. We need to spend that                  exposure to the coronavirus or spend-                  Program—so no more Fulbright Pro-
                                             money here at home. Besides, it is the                  ing millions of dollars, if not billions of            gram, no more International Visitors
                                             law.                                                    dollars, paving roads in Afghanistan?                  Program, no more exchange programs
                                               We have a law called pay-go, or pay                   My amendment gives us a chance to set                  for young leaders in Africa, Southeast
                                             as you go, which is supposed to require                 priorities.                                            Asia, or Latin America. These pro-
                                             Congress to pay for new spending. It                      We can support our communities and                   grams enrich the lives of Americans
                                             has been around for a couple of dec-                    give our medical system the resources                  and directly benefit the economies, in
                                             ades. Yet we have broken the law thou-                  its needs, and we can do it without add-               every State of the Union, and create
                                             sands of times. What do they do? They                   ing to the debt. That is the responsible               lasting ties between U.S. and foreign
                                             see something they want. You know,                      way. My amendment would do exactly                     communities, universities, and govern-
                                             they are kids in a candy store. They                    that, and I encourage the other Sen-                   ments—but not if the Paul amendment
                                             want to spend. They want to give you,                   ators to consider fiscal responsibility.               passes.
                                             give you, give you free money, so they                    I thank the Presiding Officer.                         The amendment would eliminate all
                                             just ignore the law. So what happens                      The PRESIDING OFFICER. The Sen-                      funding for the Inter-American Foun-
                                             every year is that they exceed the pay-                 ator from Vermont.                                     dation, which, with a budget of just $37
                                             as-you-go, and they don’t do the thing                    Mr. LEAHY. Mr. President, I know                     million, supports hundreds of projects




dlhill on DSKBBY8HB2PROD with SENATE
                                             they are supposed to do, which is to                    other Senators have already spoken on                  to combat poverty in Latin America
                                             offset this with a spending cut. Then                   this, but I would hope Members would                   and the Caribbean.
                                             they just write a small, little note in                 oppose the Paul amendment.                               It would eliminate funding for the
                                             there, reading they have agreed to ig-                    The amendment would cut, among                       East-West Center, which has a long his-
                                             nore the pay-go rules again. That is                    other things, $7.3 billion from the De-                tory of strengthening relations and
                                             what will happen in this case.                          partment of State and the USAID. It                    building understanding between the



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                                             S1518                                             CONGRESSIONAL RECORD — SENATE                                                               March 5, 2020
                                             United States and the Asia/Pacific                        The legislative clerk proceeded to                        (The foregoing tally has been
                                             countries.                                              call the roll.                                            changed to reflect the above order.)
                                               Both the Inter-American Foundation                      Mr. GRAHAM. Mr. President, I ask                                      NOT VOTING—4
                                             and the East-West Center were estab-                    unanimous consent that the order for                      Enzi              Sanders
                                             lished by acts of Congress. It is in our                the quorum call be rescinded.                             Markey            Warren
                                             national interest to fight poverty in                     The PRESIDING OFFICER. Without                            The motion to table was agreed to;
                                             Latin America and support engage-                       objection, it is so ordered.                              the amendment was tabled.
                                             ment with countries in the Far East.                      Mr. GRAHAM. Mr. President, I ask                          The PRESIDING OFFICER. Under
                                               The coronavirus represents a serious                  unanimous consent that all debate                         the previous order, the time until 1:45
                                             public health threat. We have to re-                    time be considered expired.                               p.m. shall be equally divided between
                                             spond now. We have to treat this as the                   The PRESIDING OFFICER. Without                          the leaders or their designees.
                                             emergency it is.                                        objection, it is so ordered.                                The Senator from Washington.
                                               Mr. President, I ask unanimous con-                                    MOTION TO TABLE                            Ms. CANTWELL. Madam President, I
                                             sent that a letter from the U.S. Global                   Mr. GRAHAM. Mr. President, I move                       come to the floor to speak about the
                                             Leadership Coalition, addressed to Sen-                 to table the Paul amendment, and I                        ongoing crisis of the novel coronavirus
                                             ator GRAHAM and myself—incidentally,                    ask for the yeas and nays.                                outbreak and to urge all of us to pass
                                             they represent more than 500 U.S. busi-                   The PRESIDING OFFICER. Is there a                       this supplemental as quickly as pos-
                                             ness and nongovernmental organiza-                      sufficient second?                                        sible.
                                             tions—opposing this amendment be                          There appears to be a sufficient sec-                     As of this morning, there are 163 con-
                                             printed in the RECORD.                                  ond.                                                      firmed cases in 17 States across the
                                               There being no objection, the mate-                     The question is on agreeing to the                      country, but no State has been more
                                             rial was ordered to be printed in the                   motion.                                                   hard hit than the State of Washington.
                                             RECORD, as follows:                                       The clerk will call the roll.                             We now have 39 confirmed cases of
                                                         U.S. GLOBAL LEADERSHIP                        The senior assistant legislative clerk                  COVID–19 and more than 230 people
                                                                            COALITION,               called the roll.                                          under public health monitoring. We
                                                                             March 5, 2020.            Mr. THUNE. The following Senator is                     have lost 10 of our citizens. Our
                                             Hon. LINDSEY GRAHAM,                                    necessarily absent: the Senator from                      thoughts and prayers are with those
                                             Chairman, Subcommittee on State-Foreign Oper-           Wyoming (Mr. ENZI).
                                                 ations, Committee on Appropriations, U.S.                                                                     families who have lost loved ones, and
                                                                                                       Mr. DURBIN. I announce that the                         there are still families who have loved
                                                 Senate, Washington, DC.                             Senator from Massachusetts (Mr. MAR-
                                             Hon. PATRICK LEAHY,                                                                                               ones in nursing homes and who are try-
                                                                                                     KEY), the Senator from Vermont (Mr.
                                             Ranking Member, Subcommittee on State-For-                                                                        ing to make sure they get the appro-
                                                 eign Operations, Committee on Appropria-            SANDERS), and the Senator from Massa-                     priate care in this ongoing crisis.
                                                 tions, U.S. Senate, Washington, DC.                 chusetts (Ms. WARREN) are necessarily                       I would also like to thank the work-
                                               DEAR CHAIRMAN GRAHAM AND RANKING                      absent.                                                   ers who are on the frontlines of this
                                             MEMBER LEAHY: On behalf of the more than                  The PRESIDING OFFICER (Mrs.                             healthcare crisis and are doing every-
                                             500 business and NGO members of the U.S.                FISCHER). Are there any other Senators
                                             Global Leadership Coalition (USGLC), in-                                                                          thing they can to help keep our citi-
                                                                                                     in the Chamber desiring to vote?                          zens safe.
                                             cluding business, military, and faith-based               The result was announced—yeas 81,
                                             leaders in all 50 states, I write in strong op-                                                                     What is clear in this supplemental is
                                                                                                     nays 15, as follows:                                      that we need more resources for test-
                                             position to an amendment proposed by Sen-
                                             ator Rand Paul that would offset emergency                          [Rollcall Vote No. 65 Leg.]                   ing. The testing capabilities will help
                                             funding to address the growing coronavirus                                  YEAS—81                               our communities understand the com-
                                             threat by canceling over $8 billion in con-             Alexander         Gillibrand             Reed             munity transfer of this virus and what
                                             gressionally approved funds for the Inter-              Baldwin           Graham                 Roberts
                                                                                                                                                               else we need to do to help stop its
                                             national Affairs Budget.                                Barrasso          Grassley               Romney
                                               If enacted, this amendment would cancel               Bennet            Harris                 Rosen            spread.
                                             critical funding for State Department,                  Blumenthal        Hassan                 Rounds             Some of the funding in this supple-
                                                                                                     Blunt             Hawley                 Rubio            mental can be helpful for our smaller
                                             USAID, and other development programs                   Booker            Heinrich               Sasse
                                             around the world, undermining our national              Boozman           Hirono                 Schatz
                                                                                                                                                               public labs to do more testing to help
                                             security and economic interests and placing             Brown             Hoeven                 Schumer          our public health officials respond to
                                             America’s global leadership at risk. Cuts of            Burr              Hyde-Smith             Scott (FL)       this crisis, and, as I urged yesterday,
                                             this magnitude would have devastating con-              Cantwell          Inhofe                 Scott (SC)       for the CDC and others to make it clear
                                             sequences on our ability to confront unprece-           Capito            Jones                  Shaheen
                                                                                                     Cardin            Kaine                  Shelby           through our public health sites exactly
                                             dented global challenges—including coun-
                                             tering China’s growing influence around the
                                                                                                     Carper            King                   Sinema           how the public can go about getting ac-
                                                                                                     Casey             Klobuchar              Smith            cess to testing.
                                             world, supporting partners in the fight                 Cassidy           Leahy                  Stabenow
                                             against extremism, and addressing the im-               Collins           Manchin                Sullivan
                                                                                                                                                                 This is so critical because I know
                                             pacts of the Venezuelan refugee crisis on key           Coons             McConnell              Tester           there are people in the State of Wash-
                                             allies like Colombia.                                   Cornyn            McSally                Thune            ington who feel ill, who feel they might
                                               There is a strong bipartisan legacy in the            Cortez Masto      Menendez               Tillis           be subject to this coronavirus and
                                             Senate of rejecting deep and dangerous cuts             Cotton            Merkley                Udall
                                                                                                     Cramer            Moran                  Van Hollen       aren’t getting tested. We want to make
                                             to America’s development and diplomacy                                                                            sure the public clearly understands
                                                                                                     Duckworth         Murkowski              Warner
                                             programs. I urge the Senate to once again               Durbin            Murphy                 Whitehouse
                                             take decisive action and reject Senator
                                                                                                                                                               what their paths are for getting those
                                                                                                     Feinstein         Murray                 Wicker
                                             Paul’s shortsighted amendment. Doing so                 Fischer           Peters                 Wyden
                                                                                                                                                               tests, and we want to make sure that
                                             will ensure that resources already approved             Gardner           Portman                Young            every lab—commercial and academic—
                                             by Congress can be fully deployed to support                                 NAYS—15
                                                                                                                                                               in the United States is getting pre-
                                             cost-effective programs that advance Amer-                                                                        pared to help us in the advent of the
                                             ica’s interests.                                        Blackburn         Ernst                  Loeffler
                                                                                                     Braun             Johnson                Paul
                                                                                                                                                               spread of this virus. Why? Because
                                               Thank you for your unwavering support of                                                                        helping to identify these early cases is
                                                                                                     Crapo             Kennedy                Perdue
                                             America’s international affairs programs and
                                             your commitment to strengthening the crit-
                                                                                                     Cruz              Lankford               Risch            what will help us be successful in un-
                                                                                                     Daines            Lee                    Toomey           derstanding these patterns and further
                                             ical resources needed to advance America’s
                                             global leadership.                                                        CHANGE OF VOTE                          the community separations that we
                                                    Sincerely,                                         Mr. SULLIVAN. Mr. President, I re-                      need to do.
                                                                        LIZ SCHRAYER,                quest unanimous consent that I be per-                      Why is this so important? Well,
                                                                 President & CEO, USGLC.             mitted to change my vote on the roll-                     today in the State of Washington, they




dlhill on DSKBBY8HB2PROD with SENATE
                                               Mr. LEAHY. Mr. President, I do not                    call vote earlier today. The vote was                     are taking major steps. Major employ-
                                             see another Senator seeking recogni-                    No. 65. I voted no. It was my intention                   ers are encouraging their employees, if
                                             tion, so I suggest the absence of a                     to vote aye. It will not affect the out-                  possible, to work from home. These are
                                             quorum.                                                 come.                                                     companies      like    Microsoft     and
                                               The PRESIDING OFFICER. The                              The PRESIDING OFFICER. Without                          Facebook and Amazon—major employ-
                                             clerk will call the roll.                               objection, it is so ordered.                              ers.



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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                S1519
                                               We have 23 schools that have closed                   to us today and all of our colleagues                  it does because we hear about it con-
                                             and 2 school districts that are entirely                who have worked so quickly on making                   stantly from our constituents. In fact,
                                             shut down. Why are they doing this?                     it happen. I can tell you that we need                 during this election season, polls show
                                             Because they are taking precautions                     these funds; we need them now; and we                  that it is one of the top three or four
                                             for people who have been exposed to                     need other States to heed the early                    issues that are most on people’s minds.
                                             the coronavirus in those schools, and                   testing that would have been helpful in                  Let me be clear. These price hikes
                                             they are doing everything they can to                   our State and now may be helpful in                    aren’t because the medicines got better
                                             make sure that they respond correctly.                  yours.                                                 or there was a significant increase in
                                               In addition, King County has rec-                       Let’s get as aggressive about testing                research and development. No, this is
                                             ommended that anyone over the age of                    as possible. Let’s get aggressive about                because the pharmaceutical companies
                                             60, anyone with a preexisting medical                   sharing information about the flu and                  could do it, and in doing it, they could
                                             condition, or anyone who is pregnant                    tracking this virus. Let’s get aggres-                 get away with it because, in many
                                             should avoid public places and gath-                    sive about trying to mitigate the im-                  cases, consumers don’t have a choice;
                                             erings as much as possible.                             pacts of this deadly disease.                          consumers don’t have options or alter-
                                               We are taking all these steps now be-                   I thank the Presiding Officer.                       natives. That is because we don’t have
                                             cause we are at the epicenter of this                     I yield the floor.                                   a healthy marketplace that drives
                                             crisis, but I want people to know that                    I suggest the absence of a quorum.                   costs down for pharmaceuticals.
                                             there are other things that other                         The PRESIDING OFFICER. The                             Right now, pharmaceutical compa-
                                             States can be doing to learn from what                  clerk will call the roll.                              nies can essentially charge Medicare
                                             we have done in Washington.                               The senior assistant legislative clerk               whatever they want, and taxpayers
                                               The fact is that we had a flu lab that                proceeded to call the roll.                            don’t have much recourse. Right now,
                                             actually was a collaboration among                        Mr. GRASSLEY. Madam President, I                     every single working American who
                                             our academic and scientific and health                  ask unanimous consent that the order                   pays Federal taxes is subsidizing Big
                                             communities to get people who                           for the quorum call be rescinded.                      Pharma’s record profits through the
                                             thought they simply had the flu to also                   The PRESIDING OFFICER. Without                       drugs that the Federal Government
                                             be tested, and we found cases of the                    objection, it is so ordered.                           pays for through various programs like
                                             coronavirus. That actually is some-                                 PRESCRIPTION DRUG COSTS                    Medicare and Medicaid.
                                             thing you have to set up and get per-                      Mr. GRASSLEY. Madam President, a                      Now, there has to be a solution for
                                             mission for. I hope that every State                    new study showed that from the years                   this situation, and Ranking Member
                                             will follow suit and set up such a co-                  2007 to 2018, prices for, actually, hun-               WYDEN and I are working to put some
                                             hort of people working together to                      dreds of drugs rose many times—many                    common sense back into this whole
                                             share that information so that we can                   times faster than the rate of inflation.               system of buying pills. In the Finance
                                             help prevent the spread.                                List prices on 602 medicines rose by 159               Committee, we have passed bipartisan
                                               Washington State will receive $11.5
                                                                                                     percent. That would average out to 9                   legislation to put an end to unlimited
                                             million in funding to help the Depart-
                                                                                                     percent annually. After discounts and                  corporate welfare for Big Pharma. The
                                             ment of Health respond to this crisis. I
                                                                                                     rebates, net prices increased by 60 per-               vote of that bill out of committee was
                                             know the Vice President is visiting our
                                                                                                     cent or 4.5 percent annually. That is 3.5              19 to 9—a bipartisan effort.
                                             Governor in Olympia, WA, today. I
                                                                                                     times the rate of inflation.                             We are closer than ever to lowering
                                             hope these funds in this bill we are
                                                                                                        These are drugs for multiple scle-                  drug prices for tens of millions of
                                             passing today will increase access for
                                                                                                     rosis, cholesterol, rheumatoid arthri-                 Americans, and these Americans have
                                             public lab testing, help pay for isola-
                                                                                                     tis, chemotherapy, diabetes, and many                  been crying for this help from Congress
                                             tion and quarantine, help pay for sani-
                                                                                                     other debilitating and life-threatening                for quite a few years. But here we are.
                                             tizing in public areas, better track the
                                                                                                     conditions. Put into real terms, these                 Big Pharma and its paid allies are out
                                             areas and those who might come into
                                                                                                     price increases mean that if one of                    in force trying to kill any reforms that
                                             contact with it, help labs that are try-
                                                                                                     these drugs cost $100 a month in 2007,                 might endanger their profit margins.
                                             ing to identify hot spots, and limit ex-
                                                                                                     that same drug would cost $259 in 2018.                They are using scare tactics, deploying
                                             posure.
                                               As part of this package, Washington                      Meanwhile, you have to consider the                 terms like ‘‘socialism’’ and ‘‘price con-
                                             State will also be helped with reim-                    working American. Wages for the aver-                  trols,’’ as if these subsidies to Big
                                             bursements since the outbreak of this                   age American over the same time pe-                    Pharma are not a form of socialism.
                                             virus—and I can tell you that they are                  riod increased about 30 percent in the                   I have been around long enough to
                                             many—and to help us push through the                    private sector. That means wage                        recognize the political games that are
                                             protocols that would help us establish                  growth is about half the rate of the                   being played now. You see it quite reg-
                                             better responses.                                       growth of prescription drug prices,                    ularly on the television advertise-
                                               Yesterday, we had a hearing in the                    even after the rebates and even after                  ments. So let’s set the record straight.
                                             Aviation Subcommittee to talk about                     the discounts.                                         The last thing Big Pharma wants is a
                                             what is needed for an aviation pro-                        For many, increased drug costs are                  free market. After all, these were the
                                             tocol. I know that some airlines in our                 wiping out progress that these workers                 same folks who loved ObamaCare so
                                             State are doing everything possible to                  are making in their wages. Some fami-                  much because they knew it mandated
                                             clean planes on every turn of the trip                  lies are even going backward finan-                    another revenue stream for their prod-
                                             and to do deep cleaning. They are com-                  cially after paying for their prescrip-                ucts. Now, we all know how ObamaCare
                                             municating—and we have encouraged                       tions. This doesn’t take into account                  has turned out. Yet they made a deal
                                             them to communicate more—with                           at all the many other increases in the                 with the White House to back that bill.
                                             their passengers exactly what they are                  cost of living from college to housing,                  Now, Big Pharma is also warning
                                             doing to help with the mitigation of                    to insurance.                                          that any reforms would hurt research
                                             this virus. But that is not a substitute                   Now, we Americans are surely fortu-                 and development. In fact, my bipar-
                                             for the Department of Transportation,                   nate, aren’t we, to see the significant                tisan legislation with Senator WYDEN
                                             federally, and the CDC, collabo-                        wage growth that we have had in this                   would result in less socialism, a more
                                             ratively, to work in giving guidance to                 country for our workers under Presi-                   competitive marketplace, and wouldn’t
                                             airlines on what standards they should                  dent Trump—great progress.                             put a damper on innovation. That is
                                             be meeting to help mitigate the spread                     The President and Republicans in                    according to something that I call
                                             of this virus.                                          Congress can rightly take credit for                   ‘‘God’’ around here—the independent
                                               My colleagues and I are calling on                    the country’s booming economy, but                     Congressional Budget Office. These are




dlhill on DSKBBY8HB2PROD with SENATE
                                             them to do that, not simply to think of                 all that wage growth doesn’t mean                      professional people making these judg-
                                             this as other agencies’ responsibilities                much—or at least as much—if it is                      ments. They judge most all of our leg-
                                             but to work collaboratively to get this                 spent on the same prescription drug re-                islation, particularly if there is a mon-
                                             done.                                                   fills every month. That is something                   etary cost to it.
                                               I want to thank the Appropriations                    that ought to concern every Member of                    For those who may not believe a poli-
                                             Committee for getting this legislation                  this Congress, and for most, I am sure                 tician, let me point to the work, then,



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                                             S1520                                             CONGRESSIONAL RECORD — SENATE                                                         March 5, 2020
                                             that the professionals at CBO have                      vote—it seems to me it deserves a vote                 caring for dairy cows in East Feliciana
                                             done on Grassley-Wyden:                                 on the Senate floor and very soon. So I                Parish. In Louisiana, as you may know,
                                               First, the updated Grassley-Wyden                     am here today to urge my colleagues                    we call our counties parishes.
                                             bill will save more than $80 billion and                on both sides of the aisle, if they have                  Along with Ronnie’s wife, Vivian,
                                             result in no fewer cures.                               any questions about this bill, to visit                Ronnie still produces horses, hay, beef
                                               No. 2, CBO says it will reduce patient                with me about it and learn how it will                 cattle, and timber. All the while he was
                                             out-of-pocket spending in Part D of                     help all of our constituents.                          doing this, he helped widen the arms of
                                             Medicare by around $50 billion.                           The six points I made about the bill                 the Louisiana Farm Bureau and double
                                               No. 3, CBO says it will reduce pre-                   based upon what the Congressional                      its membership to nearly 150,000
                                             miums by about $1 billion for tens of                   Budget Office said about it isn’t all                  women and men over the course of
                                             millions of seniors and Americans with                  that that bill does. There is a lot more               Ronnie’s three decades as the organiza-
                                             disabilities on Medicare.                               to it.                                                 tion’s president.
                                               No. 4, CBO says that is all on top of                   Maybe I had better back up. I have                      Louisiana is a very diverse agricul-
                                             out-of-pocket expenses that we put a                    read enough comments of my col-                        tural State, where each region is dis-
                                             cap on and an end to the dreaded                        leagues—colleagues I haven’t even                      tinct, and Ronnie has represented
                                             doughnut hole that has been part of                     talked to—that said what an important                  every nook and every cranny of our
                                             Part D since 2003.                                      issue this is. So, in one way or another,              farming and ranching community.
                                               No. 5, we have also, according to the                 without even signing on to this bill,                     I am not alone in standing in awe of
                                             Congressional Budget Office, created a                  without even being on the Finance                      Ronnie Anderson’s service. I am in
                                             new way to spread out payments for                      Committee, it seems like we have all                   awe, and I wish Ronnie and Vivian, in
                                             those out-of-pocket expenses so that                    pledged to lower prescription drug                     their next chapter, the chance to enjoy
                                             paying the bills every month becomes a                  prices. So I think we should follow                    life. I know they have both enjoyed the
                                             bit easier for those on fixed incomes.                  through on that pledge.                                51 years of service to the Farm Bureau,
                                               No. 6 and lastly, according to the                      I yield the floor.                                   but now will enjoy life in a different
                                             Congressional Budget Office, the bipar-                   I suggest the absence of a quorum.                   way.
                                             tisan Prescription Drug Pricing Reduc-                    The PRESIDING OFFICER. The                              I wanted to come here today and cel-
                                             tion Act—that is the title of our bill—                 clerk will call the roll.                              ebrate Ronnie’s service and that of
                                             would protect taxpayers from being put                    The senior assistant legislative clerk               Vivian’s, his life partner, as well.
                                             on the hook for unlimited price hikes                   proceeded to call the roll.                               I suggest the absence of a quorum.
                                             that have no basis in a functioning free                  Mr. KENNEDY. Madam President, I                         The PRESIDING OFFICER (Mr.
                                             market.                                                 ask unanimous consent that the order                   YOUNG). The clerk will call the roll.
                                               So, without reforms, big pharma-                      for the quorum call be rescinded.                         The senior assistant legislative clerk
                                             ceutical companies will continue to re-                   The PRESIDING OFFICER. Without                       proceeded to call the roll.
                                             ceive tens of billions of dollars in ex-                objection, it is so ordered.                              Mr. SHELBY. Mr. President, I ask
                                             cess taxpayer subsidies, and they will                            TRIBUTE TO RONNIE ANDERSON                   unanimous consent that the order for
                                             also have no incentive to keep prices                     Mr. KENNEDY. Madam President, I                      the quorum call be rescinded.
                                             from rising many times faster than in-                  want to spend a few minutes talking                       The PRESIDING OFFICER. Without
                                             flation.                                                about a friend of mine from Louisiana                  objection, it is so ordered.
                                               Currently, prescription drug manu-                    who is a fine American and a fine Lou-                                   H.R. 6074
                                             facturers can charge Medicare more                      isianian, and he is retiring. His name is                Mr. SHELBY. Mr. President, we face
                                             and more every year, and they do.                       Ronnie Anderson.                                       a serious global crisis today with the
                                             When the government is paying and                         I want to celebrate his 51 years of                  spread of the coronavirus. We all know
                                             you have entitlement programs, tax-                     service. That number is correct. I know                that. The American people, I believe,
                                             payers are forced to foot the bill. So                  some of our pages here can’t imagine                   expect us here in the U.S. Senate to set
                                             Grassley-Wyden enacts accountability                    someone being in a single job for 51                   aside politics and set into motion a
                                             and ends corporate welfare without                      years, but Ronnie has served 51 years,                 swift and sweeping response to this
                                             harming medical innovations.                            and he has devoted those years, in                     danger. Yesterday was a big step in
                                               Now, Senator WYDEN and I are look-                    large part, in service to our State’s                  that direction.
                                             ing forward to reintroducing our bipar-                 Farm Bureau.                                             I and Vice Chairman LEAHY, who is
                                             tisan bill very soon. So far, a dozen                     He has led the Louisiana Farm Bu-                    on the floor here with me, in conjunc-
                                             Senate Republicans have announced                       reau to greater influence, to growing                  tion with the leaders on both sides and
                                             publicly that they support this bipar-                  membership, and that is not a small                    with our House counterparts, intro-
                                             tisan bill. Others will announce their                  feat, because America was born on a                    duced a comprehensive plan that pro-
                                             support in the coming days, and a                       farm. In some respects, Louisiana was                  vides our experts and agencies on the
                                             dozen more Republican Senators have                     born on a farm, and farming is, as you                 frontlines with the resources they tell
                                             indicated to me that Grassley-Wyden is                  well know, Madam President, a chal-                    us they need to combat this crisis.
                                             going in the right direction, implying                  lenging yet very rewarding vocation                      The package we introduced includes
                                             that they would vote for it on the Sen-                 and profession.                                        $7.8 billion in discretionary appropria-
                                             ate floor. So I am optimistic that we                     For 31 of the last 31 elections, the                 tions for the Centers for Disease Con-
                                             will continue to gain support as Sen-                   Louisiana Farm Bureau members have                     trol and Prevention, the National In-
                                             ators learn more.                                       chosen Ronnie as their president. So he                stitutes of Health, the Food and Drug
                                               I was really pleased with President                   has won 31 elections in a row by our                   Administration, the State Department,
                                             Trump announcing his willingness to                     farmers in Louisiana, which is almost                  the USAID, and the Small Business Ad-
                                             sign a bill in his State of the Union                   as good as the President’s electoral                   ministration. The package also author-
                                             message. The next morning, Vice Presi-                  record.                                                izes an additional $500 million in man-
                                             dent PENCE was on cable TV saying                         Farmers from East Carroll, in my                     datory spending for telehealth through
                                             that he supported Grassley-Wyden.                       State, to Beauregard Parishes and else-                Medicare. Combined, this emergency
                                             Secretary Azar has endorsed the bill.                   where in between have come to trust                    supplemental provides $8.3 billion in
                                             Not only that, but Secretary Azar and                   Ronnie as someone who knows them,                      resources to attack the crisis at the
                                             a gang of people in domestic policy at                  who cares about them, who cares about                  local, State, Federal, and international
                                             the White House have been working                       their farms, and who was willing to                    levels.
                                             with us on this legislation, even prior                 rack up 71,000 miles driving his truck                   In situations like this, I believe no




dlhill on DSKBBY8HB2PROD with SENATE
                                             to its coming out of committee.                         across the State of Louisiana in an ef-                expense should be spared to protect the
                                               So, with all of this work and with all                fort to win their confidence, as Ronnie                American people, and in crafting this
                                             of this support—and with the interest                   did repeatedly.                                        package, none was. It is an aggressive
                                             on the part of the voters as being one                    Ronnie spent most of his 71 years on                 plan, a vigorous plan, that has received
                                             of the three or four most prominent                     this Earth working alongside the farm-                 an overwhelming positive reaction in
                                             issues that will determine how people                   ers whom he represents. He grew up                     the House and in the marketplace. It is



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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1521
                                             the Senate’s responsibility today to                    to be voting on today. During those 9                    Charles Kieffer, Chanda Betourney, Jessica
                                             keep the momentum going.                                days, there was a lot of evening and                   Berry, Jay Tilton, Hannah Chauvin, Shannon
                                               I urge my colleagues to vote yes and                  weekend work by our staffs and by the                  Hines, Jonathan Graffeo, David Adkins, Mar-
                                                                                                                                                            garet Pritchard, Dianne Nellor, Morgan
                                             demonstrate to the American people                      Senators involved. We did it in 9 days                 Ulmer, Patrick Carroll, Ellen Murray,
                                             that we here in the Senate are unified                  because of the emergency, and their                    Reeves Hart, Andrew Newton, Alex Keenan,
                                             and have their backs on this crisis.                    help was invaluable.                                   Kelly Brown, Meghan Mott, Kathryn
                                               The PRESIDING OFFICER. The Sen-                         The crisis is real. Worldwide, there                 Toomajian, Laura Friedel, Jeff Reczek, Tim
                                             ator from Vermont.                                      are now 92,000 confirmed cases and 3,200               Rieser, Alex Carnes, Kali Farahmand, Paul
                                               Mr. LEAHY. Mr. President, I agree                     confirmed deaths. Here in our country,                 Grove, Katherine Jackson, and Adam
                                             with what Chairman SHELBY has said.                     that number is rising as there have                    Yezerski.
                                             We have tried to set an example. The                    been more than 150 confirmed cases and
                                                                                                                                                                EXECUTIVE OFFICE OF THE PRESI-
                                             two of us are from two different par-                   11 deaths. The CDC has told us that the                       DENT, OFFICE OF MANAGEMENT
                                             ties, from two different parts of the                   public health system will be able to                          AND BUDGET,
                                             country and, I think it is fair to say,                 test up to 75,000 people by the end of                            Washington, DC, February 24, 2020.
                                             have two different political philoso-                   the week and that we should expect the                 Hon. MICHAEL R. PENCE,
                                             phies. Yet we have come together on                     number of cases here to rise. So I                     President of the Senate, U.S. Senate,
                                             this, as we have on so many other                       strongly support this $7.8 billion pack-               Washington, DC.
                                             issues on appropriations, to show, as an                                                                          DEAR MR. PRESIDENT: In late December
                                                                                                     age and the other money that is avail-
                                                                                                                                                            2019, China identified a novel coronavirus
                                             example to our colleagues, what we                      able.                                                  which was causing human-to-human trans-
                                             think is best on this bill.                               This package is going to provide                     mission and has subsequently been named
                                               This week, Congress showed strong,                    nearly $1 billion directly to State,                   COVID–19. On January 30, 2020, the World
                                             decisive leadership in addressing the                   local, and Tribal governments to sup-                  Health Organization declared a public health
                                             novel coronavirus. As appropriators of                  port public health preparedness and re-                emergency of international concern due to
                                             both parties often do, and as Members                   sponse; over $3 billion in the research                widespread transmission of the virus. As of
                                             of Congress have proven still capable of                and development of vaccines, thera-                    February 23, 2020, there are 78,811 confirmed
                                             doing even in the most partisan of                                                                             cases of COVID–19 in approximately 30 coun-
                                                                                                     peutics, and diagnostics; nearly $1 bil-
                                                                                                                                                            tries worldwide; the total number of COVID–
                                             times, we have put our labels aside and                 lion for healthcare preparedness, phar-                19 related deaths is now over 2,500 people, the
                                             have come together for the American                     maceuticals, medical supplies, and                     majority of which are in China. In the
                                             people.                                                 community health; $1.25 billion to sup-                United States, there have been 14 confirmed
                                               I was concerned that this was some-                   port our needed response overseas; $7                  cases of COVID–19 presenting in seven states
                                             thing the President was not doing. We                   billion in low-interest loans for small                (not including 39 persons repatriated to the
                                             saw the President spread misinforma-                    businesses; and nearly $500 million to                 United States who have tested positive).
                                             tion on national television that                                                                                  The President’s priority is protecting the
                                                                                                     enhance the availability of telehealth
                                             downplayed the potential risk to the                                                                           homeland, and the Administration is work-
                                                                                                     services across the country. This is,                  ing aggressively to minimize the risk of the
                                             American people. I was concerned that                   certainly, something very important to                 virus spreading in the United States. The
                                             he was worried more about the market                    those who might have rural areas in                    President has created a Coronavirus Task
                                             impacts than about human lives. His                     their States, and, frankly, we all do.                 Force to direct the U.S. response. This Task
                                             administration’s initial proposal for                     The American people are looking for                  Force is led by the Secretary of Health and
                                             $1.25 billion of new spending, plus the                 leadership, and they want assurance                    Human Services (HHS) and is composed of
                                             authority to divert $1.25 billion from                  that their government is up to the task                subject matter experts from across Govern-
                                             such things as Ebola prevention and                     of protecting their health and safety. I               ment, including some of the Nation’s fore-
                                             low-income heating assistance, was                                                                             most experts on infectious diseases. On Jan-
                                                                                                     think we have to provide this leader-                  uary 31, 2020, the Secretary of HHS declared
                                             reckless and devoid of substance.                       ship.                                                  a public health emergency. HHS has tapped
                                               Those in the administration sought                      I am pleased that Congress included                  into the Centers for Disease Control and Pre-
                                             vague transfer authorities to allow                     language in the bill—supported by both                 vention’s (CDC) Infectious Diseases Rapid
                                             them to move other money around in                      Republicans      and    Democrats—that                 Response Reserve Fund to help combat the
                                             unidentified ways. It showed how little                 specifies that the funds can only be                   virus. In addition, fiscal year (FY) 2020 funds
                                             thought was given to what was needed                    used to prevent, prepare for, and re-                  are being re-prioritized across HHS as nec-
                                             and to how much was needed. I thought                   spond to the coronavirus. If there is a                essary to address the virus.
                                                                                                                                                               The Government has taken unprecedented
                                             it was the latest attempt to undermine                  cynical effort, for any reason, by the                 steps to minimize the risk of travelers
                                             Congress’s power of the purse—the                       President to shift funds from the Na-                  spreading COVID–19 to the United States.
                                             power of the purse that Republicans                     tional Institutes of Health, the Centers               The President suspended entry into the
                                             and Democrats have always tried to                      for Disease Control and Prevention, or                 United States of certain foreign nationals
                                             protect.                                                the Public Health Social Services                      who have recently traveled to China and who
                                               I ask unanimous consent to have                       Emergency Fund, which are the agen-                    pose a risk of transmitting the virus and di-
                                             printed in the RECORD at the end of my                  cies at the epicenter of this crisis—to                rected inbound flights from China to 11 air-
                                             remarks a letter from Russell T.                        divert funds, for example, to activities               ports where enhanced screening now takes
                                             Vought, Acting Director of the Office                                                                          place.
                                                                                                     along the southwest border—it will vio-                   The Government has conducted numerous
                                             of Management and Budget.                               late the law.                                          charter flights to evacuate American citi-
                                               I asked to submit the acting OMB Di-                    As I have said several times on this                 zens from Wuhan, in the Hubei Province,
                                             rector’s request letter as an example of                floor, I thank Chairman SHELBY and                     China and the cruise ship Diamond Princess
                                             what not do in an emerging crisis.                      his staff, as well as the majority and                 back to the United States. All passengers
                                               Fortunately, there are those who re-                  Democratic leaders, for their coopera-                 were screened for symptoms before the
                                             main in our government who are very                     tion.                                                  flights, and medical professionals continue
                                             forthcoming with me and with our bi-                      I will submit a list of committee                    to monitor the health of all returning pas-
                                             partisan staff members—my staff and                                                                            sengers.
                                                                                                     staffers who worked through weekends                      At the direction of the President and under
                                             Senator SHELBY’s staff—about the real                   and late into the nights to make this                  the auspices of the Task Force, several Fed-
                                             needs of confronting the coronavirus,                   possible. It is a long list, but it shows              eral agencies are contributing significant re-
                                             needs that are based on facts and                       some of the most professional people                   sources and personnel to support the domes-
                                             science. I do thank the staffs at the                   we have working in the Senate. I know                  tic and international response. To this point,
                                             Centers for Disease Control and Pre-                    that Senator SHELBY has a similar list                 no agency has been inhibited in response ef-
                                             vention, the National Institutes of                     from his office.                                       forts due to resources or authorities. How-




dlhill on DSKBBY8HB2PROD with SENATE
                                             Health, the Office of the Assistant Sec-                  I ask unanimous consent to have                      ever, much is still unknown about this virus
                                                                                                                                                            and the disease it causes. The Administra-
                                             retary for Preparedness and Response,                   printed in the RECORD the list of the                  tion believes additional Federal resources
                                             and the Office of the Assistant Sec-                    committee staffers’ names.                             are necessary to take steps to prepare for a
                                             retary for Financial Resources. Their                     There being no objection, the mate-                  potential worsening of the situation in the
                                             help was invaluable in producing in                     rial was ordered to be printed in the                  United States, and requests an appropriation
                                             only 9 days the package we are going                    RECORD, as follows:                                    of $1.25 billion of emergency funding in the




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                                             S1522                                             CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                             Public Health and Social Services Emer-                   There appears to be a sufficient sec-                 1407, with the changes at the desk. For
                                             gency Fund at HHS to continue supporting                ond.                                                    the information of the Senate, this
                                             critical response and preparedness activities.            The yeas and nays are ordered.                        modification includes, among other
                                             In addition, the Administration is requesting
                                                                                                       The bill was ordered to a third read-                 things, acceptance of amendment No.
                                             that the Congress permit the $535 million in
                                             emergency supplemental funding appro-                   ing and was read the third time.                        1419 offered by the Senator from Ken-
                                             priated in the Agriculture, Rural Develop-                The PRESIDING OFFICER. The bill                       tucky, Mr. MCCONNELL, for the Senator
                                             ment, Food and Drug Administration, and                 having been read the third time, the                    from Iowa, Ms. ERNST.
                                             Related Agencies Appropriations Act, 2020,              question is, Shall the bill pass?                         The PRESIDING OFFICER. The Sen-
                                             to the Public Health and Social Services                  The clerk will call the roll.                         ator has that right.
                                             Emergency Fund at HHS for the prevention                  The bill clerk called the roll.                         The amendment, as modified, is as
                                             and treatment of Ebola to be used for                     Mr. THUNE. The following Senator is                   follows:
                                             COVID–19 response. Tremendous progress has
                                             been made on Ebola and the current national
                                                                                                     necessarily absent: the Senator from                       (Purpose: In the nature of a substitute)
                                             response priority should be COVID–19. These             Wyoming (Mr. ENZI).
                                                                                                                                                               Strike all after the enacting clause and in-
                                             two proposals would make $1.8 billion in new              Mr. DURBIN. I announce that the
                                                                                                                                                             sert the following:
                                             resources available for the current response.           Senator from Vermont (Mr. SANDERS)
                                               This funding would support all aspects of                                                                     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
                                                                                                     and the Senator from Massachusetts
                                             the U.S. response, including: public health             (Ms. WARREN) are necessarily absent.                      (a) SHORT TITLE.—This Act may be cited as
                                             preparedness and response efforts; public                                                                       the ‘‘American Energy Innovation Act of
                                                                                                       The PRESIDING OFFICER. Are there
                                             health surveillance, epidemiology, labora-                                                                      2020’’.
                                             tory testing, and quarantining costs; ad-
                                                                                                     any other Senators in the Chamber de-                     (b) TABLE OF CONTENTS.—The table of con-
                                             vanced research and development of new vac-             siring to vote?                                         tents for this Act is as follows:
                                             cines, therapeutics, and diagnostics; ad-                 The result was announced—yeas 96,                     Sec. 1. Short title; table of contents.
                                             vanced manufacturing enhancements; and                  nays 1, as follows:                                     Sec. 2. Definitions.
                                             the Strategic National Stockpile. Funds                            [Rollcall Vote No. 66 Leg.]                             TITLE I—INNOVATION
                                             would also be made available, as necessary,                                YEAS—96
                                             to affected States that are making contribu-                                                                                Subtitle A—Efficiency
                                             tions to the current national response.                 Alexander         Gardner               Perdue            PART I—ENERGY SAVINGS AND INDUSTRIAL
                                               Because this funding arises from an unfore-           Baldwin           Gillibrand            Peters
                                                                                                                                                                            COMPETITIVENESS
                                                                                                     Barrasso          Graham                Portman
                                             seen, unanticipated event and is necessary              Bennet            Grassley              Reed                        SUBPART A—BUILDINGS
                                             for the protection of human life, these sup-            Blackburn         Harris                Risch
                                             plemental resources should be designated as                                                                             CHAPTER 1—BUILDING EFFICIENCY
                                                                                                     Blumenthal        Hassan                Roberts
                                             emergency funding. In addition to these                 Blunt             Hawley                Romney          Sec. 1001. Commercial building energy con-
                                             emergency supplemental appropriations, the              Booker            Heinrich              Rosen                         sumption information sharing.
                                             Administration is seeking enhanced authori-             Boozman           Hirono                Rounds          Sec. 1002. Energy efficiency materials pilot
                                             ties to use existing resources most effec-              Braun             Hoeven                Rubio                         program.
                                                                                                     Brown             Hyde-Smith            Sasse           Sec. 1003. Coordination of energy retro-
                                             tively and to create additional flexibility for
                                                                                                     Burr              Inhofe                Schatz
                                             directing resources toward the response.                                                                                      fitting assistance for schools.
                                                                                                     Cantwell          Johnson               Schumer
                                             These flexibilities include the ability for             Capito            Jones                 Scott (FL)      Sec. 1004. Grants for energy efficiency im-
                                             HHS to transfer funds to CDC, the National              Cardin            Kaine                 Scott (SC)                    provements and renewable en-
                                             Institutes of Health, the Food and Drug Ad-             Carper            Kennedy               Shaheen                       ergy improvements at public
                                             ministration, the Assistant Secretary for               Casey             King                  Shelby                        school facilities.
                                             Preparedness and Response, and other com-               Cassidy           Klobuchar             Sinema          Sec. 1005. Smart Building Acceleration.
                                             ponents as necessary to carry out further re-           Collins           Lankford              Smith
                                                                                                     Coons             Leahy                 Stabenow         CHAPTER 2—WORKER TRAINING AND CAPACITY
                                             sponse activities. This also includes en-                                                                                           BUILDING
                                                                                                     Cornyn            Lee                   Sullivan
                                             hanced transfer authority for the Secretary             Cortez Masto      Loeffler              Tester          Sec. 1011. Building training and assessment
                                             for the COVID–19 response, similar to the au-           Cotton            Manchin               Thune                         centers.
                                             thority already provided for the HHS Ref-               Cramer            Markey                Tillis
                                                                                                                                                             Sec. 1012. Career skills training.
                                             ugee and Entrant Assistance account. In ad-             Crapo             McConnell             Toomey
                                             dition, the Administration seeks an increase            Cruz              McSally               Udall              SUBPART B—INDUSTRIAL EFFICIENCY AND
                                             of the authorized funding level, to $10 mil-            Daines            Menendez              Van Hollen                    COMPETITIVENESS
                                             lion, for the repatriation program within the           Duckworth         Merkley               Warner
                                                                                                                                                             Sec. 1021. Purposes.
                                                                                                     Durbin            Moran                 Whitehouse
                                             Administration for Children and Families for            Ernst                                                   Sec. 1022. Future of Industry program and
                                                                                                                       Murkowski             Wicker
                                             potential or future response activities.                Feinstein         Murphy                Wyden                        industrial research and assess-
                                               With the appropriation of new emergency               Fischer           Murray                Young                        ment centers.
                                             funding, as well as the repurposing of FY 2020                                                                  Sec. 1023. CHP Technical Assistance Part-
                                             Ebola resources, reprioritization of other FY                                NAYS—1                                          nership Program.
                                             2020 funding across HHS, and contributions                                Paul                                  Sec. 1024. Sustainable manufacturing initia-
                                             from other Government agencies, across the                                                                                   tive.
                                                                                                                      NOT VOTING—3
                                             Government we expect to allocate at least                                                                       Sec. 1025. High efficiency gas turbines.
                                             $2.5 billion in total resources for COVID–19            Enzi              Sanders               Warren
                                                                                                                                                             Sec. 1026. Conforming amendments.
                                             response efforts.                                         The PRESIDING OFFICER. On this                            SUBPART C—FEDERAL AGENCY ENERGY
                                               Thank you for your consideration of these
                                             funding needs. I urge the Congress to take
                                                                                                     vote, the yeas are 96, the nays are 1.                                    EFFICIENCY
                                             swift action to provide the additional fund-              The 60-vote threshold, having been                    Sec. 1031. Energy and water performance re-
                                             ing requested to support the United States              achieved, the bill was passed.                                       quirements for Federal build-
                                             response to COVID–19. I stand ready to work               The bill (H.R. 6074) was passed.                                   ings.
                                             with you to achieve this goal.                                            f                                     Sec. 1032. Federal Energy Management Pro-
                                                    Sincerely,                                                                                                            gram.
                                                                  RUSSELL T. VOUGHT,                 ADVANCED GEOTHERMAL INNOVA-                             Sec. 1033. Use of energy and water efficiency
                                                                           Acting Director.            TION LEADERSHIP ACT OF 2019—                                       measures in Federal buildings.
                                               Mr. LEAHY. Mr. President, I yield                       Resumed                                               Sec. 1034. Federal building energy efficiency
                                                                                                                                                                          performance standards; certifi-
                                             the floor.                                                The PRESIDING OFFICER. The ma-                                     cation system and level for
                                               The PRESIDING OFFICER. The Sen-                       jority leader.                                                       green buildings.
                                             ator from Maine.                                                 AMENDMENT NO. 1419 WITHDRAWN                   Sec. 1035. Energy-efficient and energy-sav-
                                               Ms. COLLINS. Mr. President, I ask                                                                                          ing information technologies.
                                                                                                       Mr. MCCONNELL. Mr. President, I
                                             unanimous consent that the vote that                                                                            Sec. 1036. High-performance green Federal
                                                                                                     withdraw amendment No. 1419.
                                             is scheduled to begin at 1:45 p.m. begin                                                                                     buildings.
                                                                                                       The PRESIDING OFFICER. The Sen-
                                             immediately.                                                                                                    Sec. 1037. Energy efficient data centers.
                                               The PRESIDING OFFICER. Is there                       ator has that right.




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                                                                                                                                                               SUBPART D—REBATES AND CERTIFICATIONS
                                                                                                       The amendment is withdrawn.
                                             objection?                                                                                                      Sec. 1041. Third-Party Certification Under
                                               Without objection, it is so ordered.                    The PRESIDING OFFICER. The Sen-
                                                                                                     ator from Alaska.                                                    Energy Star Program.
                                               Ms. COLLINS. Mr. President, I ask                                                                             Sec. 1042. Extended Product System Rebate
                                             for the yeas and nays.                                          AMENDMENT NO. 1407, AS MODIFIED
                                                                                                                                                                          Program.
                                               The PRESIDING OFFICER. Is there a                      Ms. MURKOWSKI. Mr. President, I                        Sec. 1043. Energy Efficient Transformer Re-
                                             sufficient second?                                      modify the substitute amendment No.                                  bate Program.




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                    S1523
                                                      SUBPART E—MISCELLANEOUS                        Sec. 1703. Authorization of appropriations.            Sec. 2304. 21st Century Energy Workforce
                                             Sec. 1051. State energy conservation plans.             Sec. 1704. Reporting.                                                Advisory Board.
                                             Sec. 1052. Report on electrochromic glass.              Sec. 1705. Vehicle research and development.           Sec. 2305. National Laboratory jobs access
                                             Sec. 1053. Advance appropriations required.             Sec. 1706. Medium- and heavy-duty commer-                            pilot program.
                                                                                                                   cial and transit vehicles pro-           Sec. 2306. Clean energy workforce pilot pro-
                                                       PART II—WEATHERIZATION
                                                                                                                   gram.                                                  gram.
                                             Sec. 1101. Weatherization Assistance Pro-               Sec. 1707. Class 8 truck and trailer systems           Sec. 2307. Energy-Ready Vets Program.
                                                           gram.                                                   demonstration.                           Sec. 2308. Wind workforce training grant
                                                    Subtitle B—Renewable Energy                      Sec. 1708. Technology testing and metrics.                           program.
                                             Sec. 1201. Hydroelectric production incen-              Sec. 1709. Nonroad systems pilot program.              Sec. 2309. Veterans in wind energy.
                                                           tives and efficiency improve-             Sec. 1710. Repeal of existing authorities.             Sec. 2310. Study and report on wind work-
                                                           ments.                                         Subtitle H—Department of Energy                                 force.
                                             Sec. 1202. Marine energy research and devel-            Sec. 1801. Veterans’ health initiative.                     TITLE III—CODE MAINTENANCE
                                                           opment.                                   Sec. 1802. Small scale LNG access.                     Sec. 3001. Repeal of off-highway motor vehi-
                                             Sec. 1203. Advanced geothermal innovation               Sec. 1803. Appalachian energy for national                           cles study.
                                                           leadership.                                             security.                                Sec. 3002. Repeal of methanol study.
                                             Sec. 1204. Wind energy research and develop-            Sec. 1804. Energy and water for sustain-               Sec. 3003. Repeal of state utility regulatory
                                                           ment.                                                   ability.                                               assistance.
                                             Sec. 1205. Solar energy research and devel-             Sec. 1805. Technology transitions.                     Sec. 3004. Repeal of authorization of appro-
                                                           opment.                                   Sec. 1806. Energy      Technology     Commer-                        priations provision.
                                                      Subtitle C—Energy Storage                                    cialization Fund cost-sharing.           Sec. 3005. Repeal of residential energy effi-
                                                                                                     Sec. 1807. State loan eligibility.                                   ciency standards study.
                                             Sec. 1301. Better energy storage technology.            Sec. 1808. ARPA–E reauthorization.
                                             Sec. 1302. Bureau of Reclamation pumped                                                                        Sec. 3006. Repeal of weatherization study.
                                                                                                     Sec. 1809. Adjusting strategic petroleum re-
                                                           storage hydropower develop-                                                                      Sec. 3007. Repeal of report to Congress.
                                                                                                                   serve mandated drawdowns.
                                                           ment.                                                                                            Sec. 3008. Repeal of survey of energy saving
                                                                                                     Sec. 1810. Western Area Power Administra-
                                                                                                                                                                          potential.
                                             Subtitle D—Carbon Capture, Utilization, and                           tion pilot project.
                                                                                                                                                            Sec. 3009. Repeal of report by General Serv-
                                                                 Storage                             Sec. 1811. Timing for distribution of finan-
                                                                                                                                                                          ices Administration.
                                             Sec. 1401. Fossil energy.                                             cial assistance under the State
                                                                                                                                                            Sec. 3010. Repeal of intergovernmental en-
                                             Sec. 1402. Establishment of coal and natural                          energy program.
                                                                                                                                                                          ergy management planning and
                                                           gas technology program.                   Sec. 1812. Established Program to Stimulate
                                                                                                                                                                          coordination workshops.
                                             Sec. 1403. Carbon storage validation and                              Competitive Research.
                                                                                                     Sec. 1813. Bakken and Three Forks natural              Sec. 3011. Repeal of Inspector General audit
                                                           testing.                                                                                                       survey and President’s Council
                                             Sec. 1404. Carbon utilization program.                                gas liquids report.
                                                                                                     Sec. 1814. Wind Blade Recycling Prize Com-                           on Integrity and Efficiency re-
                                             Sec. 1405. Carbon removal.                                                                                                   port to Congress.
                                                                                                                   petition.
                                                          Subtitle E—Nuclear                                                                                Sec. 3012. Repeal of procurement and identi-
                                                                                                        TITLE II—SUPPLY CHAIN SECURITY                                    fication of energy efficient
                                             Sec. 1501. Light water reactor sustainability
                                                           program.                                          Subtitle A—Mineral Security                                  products program.
                                             Sec. 1502. Nuclear energy research, develop-            Sec. 2101. Mineral security.                           Sec. 3013. Repeal of photovoltaic energy pro-
                                                           ment, and demonstration.                  Sec. 2102. Rare earth element advanced coal                          gram.
                                             Sec. 1503. Advanced fuels development.                                technologies.                            Sec. 3014. Repeal of national action plan for
                                             Sec. 1504. Nuclear science and engineering              Sec. 2103. Monitoring mineral investments                            demand response.
                                                           support.                                                under Belt and Road Initiative           Sec. 3015. Repeal of energy auditor training
                                             Sec. 1505. University Nuclear Leadership                              of People’s Republic of China.                         and certification.
                                                           Program.                                  Subtitle B—Cybersecurity and Grid Security             Sec. 3016. Repeal of national coal policy
                                             Sec. 1506. Versatile, reactor-based fast neu-                         and Modernization                                      study.
                                                           tron source.                              PART I—CYBERSECURITY AND GRID SECURITY                 Sec. 3017. Repeal of study on compliance
                                             Sec. 1507. Advanced nuclear reactor research                                                                                 problem of small electric util-
                                                                                                     Sec. 2201. Incentives for advanced cybersecu-                        ity systems.
                                                           and development goals.                                  rity technology investment.
                                             Sec. 1508. Nuclear energy strategic plan.                                                                      Sec. 3018. Repeal of study of socioeconomic
                                                                                                     Sec. 2202. Rural and municipal utility ad-                           impacts of increased coal pro-
                                             Sec. 1509. Advanced nuclear fuel security                             vanced cybersecurity grant and
                                                           program.                                                                                                       duction and other energy devel-
                                                                                                                   technical assistance program.                          opment.
                                             Sec. 1510. International nuclear energy co-             Sec. 2203. State energy security plans.
                                                           operation.                                                                                       Sec. 3019. Repeal of study of the use of pe-
                                                                                                     Sec. 2204. Enhancing grid security through
                                             Sec. 1511. Integrated      Energy     Systems                                                                                troleum and natural gas in
                                                                                                                   public-private partnerships.
                                                           Program.                                                                                                       combustors.
                                                                                                     Sec. 2205. Enhanced grid security.
                                                                                                                                                            Sec. 3020. Repeal of authorization of appro-
                                                  Subtitle F—Industrial Technologies                        PART II—GRID MODERNIZATION                                    priations.
                                                          PART I—INNOVATION                          Sec. 2210. Grid storage program.                       Sec. 3021. Repeal of submission of reports.
                                             Sec. 1601. Purpose.                                     Sec. 2211. Technology demonstration on the             Sec. 3022. Repeal of electric utility con-
                                             Sec. 1602. Coordination of research and de-                           distribution system.                                   servation plan.
                                                           velopment of energy efficient             Sec. 2212. Micro-grid and hybrid micro-grid            Sec. 3023. Emergency Energy Conservation
                                                           technologies for industry.                              systems program.                                       repeals.
                                             Sec. 1603. Industrial emissions reduction               Sec. 2213. Electric grid architecture, sce-            Sec. 3024. Energy Security Act repeals.
                                                           technology development pro-                             nario development, and mod-              Sec. 3025. Nuclear Safety Research, Develop-
                                                           gram.                                                   eling.                                                 ment, and Demonstration Act
                                             Sec. 1604. Industrial Technology Innovation             Sec. 2214. Voluntary model pathways.                                 of 1980 repeals.
                                                           Advisory Committee.                       Sec. 2215. Performance metrics for elec-               Sec. 3026. Repeal of Renewable Energy and
                                             Sec. 1605. Technical assistance program to                            tricity infrastructure providers.                      Energy Efficiency Technology
                                                           implement industrial emissions            Sec. 2216. Voluntary State, regional, and                            Competitiveness Act of 1989.
                                                           reduction.                                              local electricity distribution           Sec. 3027. Repeal of hydrogen research, de-
                                                                                                                   planning.                                              velopment, and demonstration
                                                   PART II—SMART MANUFACTURING                       Sec. 2217. Authorization of appropriations.                          program.
                                             Sec. 1611. Definitions.                                 Sec. 2218. Study on the implementation of              Sec. 3028. Repeal of study on alternative fuel
                                             Sec. 1612. Development of national smart                              microgrids in wildfire risk                            use in nonroad vehicles and en-
                                                           manufacturing plan.                                     areas.                                                 gines.
                                             Sec. 1613. Leveraging existing agency pro-              Sec. 2219. Net metering study and evalua-              Sec. 3029. Repeal of low interest loan pro-
                                                           grams to assist small and me-                           tion.                                                  gram for small business fleet
                                                           dium manufacturers.                           Subtitle C—Workforce Development                                 purchases.
                                             Sec. 1614. Leveraging smart manufacturing
                                                                                                     Sec. 2301. Definitions.                                Sec. 3030. Repeal of technical and policy




dlhill on DSKBBY8HB2PROD with SENATE
                                                           infrastructure at National Lab-
                                                                                                     Sec. 2302. Addressing insufficient compensa-                         analysis for replacement fuel
                                                           oratories.
                                                                                                                   tion of employees and other                            demand and supply informa-
                                             Sec. 1615. State manufacturing leadership.
                                                                                                                   personnel of the Federal Energy                        tion.
                                             Sec. 1616. Report.
                                                                                                                   Regulatory Commission.                   Sec. 3031. Repeal of 1992 Report on Climate
                                                          Subtitle G—Vehicles                        Sec. 2303. Report on the authority of the                            Change.
                                             Sec. 1701. Objectives.                                                Secretary to implement flexible          Sec. 3032. Repeal of Director of Climate Pro-
                                             Sec. 1702. Coordination and nonduplication.                           compensation models.                                   tector establishment.




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                                             S1524                                             CONGRESSIONAL RECORD — SENATE                                                         March 5, 2020
                                             Sec. 3033. Repeal of 1994 report on global cli-           (2) is required to be publicly available on            (B) the cost-effectiveness of the use of en-
                                                           mate change emissions.                    the internet under State and local govern-             ergy-efficiency materials;
                                             Sec. 3034. Repeal of telecommuting study.               ment building energy disclosure laws (in-                (C) an effective plan for evaluation, meas-
                                             Sec. 3035. Repeal of advanced buildings for             cluding regulations); and                              urement, and verification of energy savings;
                                                           2005 program.                               (3) includes information on private sector           and
                                             Sec. 3036. Repeal of Energy Research, Devel-            buildings that are not less than 250,000                 (D) the financial need of the applicant.
                                                           opment, Demonstration, and                square feet.                                             (4) LIMITATION ON INDIVIDUAL GRANT
                                                           Commercial Application Advi-                (d) PROTECTION OF INFORMATION.—In car-               AMOUNT.—Each grant awarded under this sec-
                                                           sory Board.                               rying out the agreement, the Administrator             tion shall not exceed $200,000.
                                             Sec. 3037. Repeal of study on use of energy             and the Administrator of the Environmental               (d) REPORT.—Not later than January 1,
                                                           futures for fuel purchase.                Protection Agency shall protect information            2023, the Secretary shall submit to Congress
                                             Sec. 3038. Repeal of energy subsidy study.                                                                     a report on the pilot program established
                                                                                                     in accordance with—
                                             Sec. 3039. Elimination and consolidation of                                                                    under subsection (b) that describes—
                                                                                                       (1) section 552(b)(4) of title 5, United States
                                                           certain America COMPETES                                                                           (1) the net reduction in energy use and en-
                                                                                                     Code (commonly known as the ‘Freedom of
                                                           programs.                                                                                        ergy costs under the pilot program; and
                                             Sec. 3040. Repeal of prior limitation on com-           Information Act’);
                                                                                                       (2) subchapter III of chapter 35 of title 44,          (2) for each recipient of a grant under the
                                                           pensation of the Secretary of                                                                    pilot program—
                                                           the Interior.                             United States Code; and
                                                                                                       (3) any other applicable law (including reg-           (A) the geographic location of the recipi-
                                             SEC. 2. DEFINITIONS.
                                                                                                     ulations).                                             ent; and
                                               In this Act:                                                                                                   (B) the size of the organization of the re-
                                               (1) DEPARTMENT.—The term ‘‘Department’’               SEC.   1002.   ENERGY EFFICIENCY         MATERIALS
                                                                                                                    PILOT PROGRAM.                          cipient.
                                             means the Department of Energy.                                                                                  (e) AUTHORIZATION OF APPROPRIATIONS.—
                                               (2) NATIONAL LABORATORY.—The term ‘‘Na-                 (a) DEFINITIONS.—In this section:
                                                                                                                                                            There is authorized to be appropriated to
                                             tional Laboratory’’ has the meaning given                 (1) APPLICANT.—The term ‘‘applicant’’
                                                                                                                                                            carry out this section $10,000,000 for each of
                                             the term in section 2 of the Energy Policy              means a nonprofit organization that applies
                                                                                                                                                            fiscal years 2021 through 2025, to remain
                                             Act of 2005 (42 U.S.C. 15801).                          for a grant under this section.
                                                                                                                                                            available until expended.
                                               (3) SECRETARY.—Unless otherwise specified,              (2) ENERGY-EFFICIENCY MATERIAL.—
                                                                                                                                                            SEC. 1003. COORDINATION OF ENERGY RETRO-
                                             the term ‘‘Secretary’’ means the Secretary                (A) IN GENERAL.—The term ‘‘energy-effi-                          FITTING ASSISTANCE FOR SCHOOLS.
                                             of Energy.                                              ciency material’’ means a material (includ-              (a) DEFINITION OF SCHOOL.—In this section,
                                                         TITLE I—INNOVATION                          ing a product, equipment, or system) the in-           the term ‘‘school’’ means—
                                                                                                     stallation of which results in a reduction in            (1) an elementary school or secondary
                                                          Subtitle A—Efficiency                      use by a nonprofit organization of energy or
                                                    PART I—ENERGY SAVINGS AND                                                                               school (as defined in section 8101 of the Ele-
                                                                                                     fuel.                                                  mentary and Secondary Education Act of
                                                   INDUSTRIAL COMPETITIVENESS                          (B) INCLUSIONS.—The term ‘‘energy-effi-              1965 (20 U.S.C. 7801));
                                                          Subpart A—Buildings                        ciency material’’ includes—                              (2) an institution of higher education (as
                                                 CHAPTER 1—BUILDING EFFICIENCY                         (i) a roof or lighting system or component           defined in section 102(a) of the Higher Edu-
                                             SEC. 1001. COMMERCIAL BUILDING ENERGY CON-              of the system;                                         cation Act of 1965 (20 U.S.C. 1002(a)));
                                                         SUMPTION INFORMATION SHARING.                 (ii) a window;                                         (3) a school of the defense dependents’ edu-
                                               (a) IN GENERAL.—Not later than 120 days                 (iii) a door, including a security door;             cation system under the Defense Dependents’
                                             after the date of enactment of this Act, the              (iv) a heating, ventilation, or air condi-           Education Act of 1978 (20 U.S.C. 921 et seq.)
                                             Administrator of the Energy Information                 tioning system or component of the system              or established under section 2164 of title 10,
                                             Administration (referred to in this section as          (including insulation and wiring and plumb-            United States Code;
                                             the ‘‘Administrator’’) and the Administrator            ing improvements needed to serve a more ef-              (4) a school operated by the Bureau of In-
                                             of the Environmental Protection Agency                  ficient system); and                                   dian Education;
                                             shall sign, and submit to Congress, an infor-             (v) a renewable energy generation or heat-             (5) a tribally controlled school (as defined
                                             mation sharing agreement (referred to in                ing system, including a solar, photovoltaic,           in section 5212 of the Tribally Controlled
                                             this section as the ‘‘agreement’’) relating to          wind, geothermal, or biomass (including                Schools Act of 1988 (25 U.S.C. 2511)); and
                                             commercial building energy consumption                  wood pellet) system or component of the sys-             (6) a Tribal College or University (as de-
                                             data.                                                   tem.                                                   fined in section 316(b) of the Higher Edu-
                                               (b) CONTENT OF AGREEMENT.—The agree-                    (3) NONPROFIT BUILDING.—                             cation Act of 1965 (20 U.S.C. 1059c(b))).
                                             ment shall—                                               (A) IN GENERAL.—The term ‘‘nonprofit                   (b) DESIGNATION OF LEAD AGENCY.—The
                                               (1) provide that the Administrator shall              building’’ means a building operated and               Secretary, acting through the Office of En-
                                             have access to building-specific data in the            owned by an organization that is described             ergy Efficiency and Renewable Energy, shall
                                             Portfolio Manager database of the Environ-              in section 501(c)(3) of the Internal Revenue           act as the lead Federal agency for coordi-
                                             mental Protection Agency;                               Code of 1986 and exempt from tax under sec-            nating and disseminating information on ex-
                                               (2) describe the manner in which the Ad-              tion 501(a) of such Code.                              isting Federal programs and assistance that
                                             ministrator shall incorporate appropriate                 (B) INCLUSIONS.—The term ‘‘nonprofit                 may be used to help initiate, develop, and fi-
                                             data (including the data described in sub-              building’’ includes a building described in            nance energy efficiency, renewable energy,
                                             section (c)) into any Commercial Buildings              subparagraph (A) that is—                              and energy retrofitting projects for schools.
                                             Energy Consumption Survey (referred to in                 (i) a hospital;                                        (c) REQUIREMENTS.—In carrying out coordi-
                                             this section as ‘‘CBECS’’) published after the            (ii) a youth center;                                 nation and outreach under subsection (b),
                                             date of enactment of this Act for the purpose             (iii) a school;                                      the Secretary shall—
                                             of analyzing and estimating building popu-                (iv) a social-welfare program facility;                (1) in consultation and coordination with
                                             lation, size, location, activity, energy usage,           (v) a faith-based organization; or                   the appropriate Federal agencies, carry out a
                                             and any other relevant building char-                     (vi) any other nonresidential and non-               review of existing programs and financing
                                             acteristic; and                                         commercial structure.                                  mechanisms (including revolving loan funds
                                               (3) describe and compare—                               (b) ESTABLISHMENT.—Not later than 1 year             and loan guarantees) available in or from the
                                               (A) the methodologies that the Energy In-             after the date of enactment of this Act, the           Department of Agriculture, the Department,
                                             formation Administration, the Environ-                  Secretary shall establish a pilot program to           the Department of Education, the Depart-
                                             mental Protection Agency, and State and                 award grants for the purpose of providing              ment of the Treasury, the Internal Revenue
                                             local government managers use to maximize               nonprofit buildings with energy-efficiency             Service, the Environmental Protection
                                             the quality, reliability, and integrity of data         materials.                                             Agency, and other appropriate Federal agen-
                                             collected through CBECS, the Portfolio Man-               (c) GRANTS.—                                         cies with jurisdiction over energy financing
                                             ager database of the Environmental Protec-                (1) IN GENERAL.—The Secretary may award              and facilitation that are currently used or
                                             tion Agency, and State and local building en-           grants under the program established under             may be used to help initiate, develop, and fi-
                                             ergy disclosure laws (including regulations),           subsection (b).                                        nance energy efficiency, renewable energy,
                                             respectively, and the manner in which those               (2) APPLICATION.—The Secretary may                   and energy retrofitting projects for schools;
                                             methodologies can be improved; and                      award a grant under paragraph (1) if an ap-              (2) establish a Federal cross-departmental
                                               (B) consistencies and variations in data for          plicant submits to the Secretary an applica-           collaborative coordination, education, and
                                             buildings that were captured in the 2012                tion at such time, in such form, and con-              outreach effort to streamline communica-
                                             CBECS cycle and in the Portfolio Manager                taining such information as the Secretary              tion and promote available Federal opportu-




dlhill on DSKBBY8HB2PROD with SENATE
                                             database of the Environmental Protection                may prescribe.                                         nities and assistance described in paragraph
                                             Agency.                                                   (3) CRITERIA FOR GRANT.—In determining               (1), for energy efficiency, renewable energy,
                                               (c) DATA.—The data referred in subsection             whether to award a grant under paragraph               and energy retrofitting projects that enables
                                             (b)(2) includes data that—                              (1), the Secretary shall apply performance-            States, local educational agencies, and
                                               (1) is collected through the Portfolio Man-           based criteria, which shall give priority to           schools—
                                             ager database of the Environmental Protec-              applicants based on—                                     (A) to use existing Federal opportunities
                                             tion Agency;                                              (A) the energy savings achieved;                     more effectively; and




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                    S1525
                                               (B) to form partnerships with Governors,                 (C) the installation of renewable energy            1965 (20 U.S.C. 7801)) using data from the
                                             State energy programs, local educational, fi-           technologies      (such    as    wind    power,        schools that feed into the high school); or
                                             nancial, and energy officials, State and local          photovoltaics, solar thermal systems, geo-               (B) with a participating local educational
                                             government officials, nonprofit organiza-               thermal energy, hydrogen-fueled systems,               agency designated with a school district lo-
                                             tions, and other appropriate entities, to sup-          biomass-based systems, biofuels, anaerobic             cale code of 41, 42, or 43, as determined by
                                             port the initiation of the projects;                    digesters, and hydropower) that provide                the National Center for Education Statistics
                                               (3) provide technical assistance for States,          power to a school;                                     in consultation with the Bureau of the Cen-
                                             local educational agencies, and schools to                 (D) the installation of zero-emissions vehi-        sus.
                                             help develop and finance energy efficiency,             cle infrastructure on school grounds for ex-             (e) COMPETITIVE CRITERIA.—The competi-
                                             renewable energy, and energy retrofitting               clusive use of school buses, school fleets, or         tive criteria used by the Secretary to award
                                             projects—                                               students, or for the general public; and               grants under this section shall include the
                                               (A) to increase the energy efficiency of                 (E) the purchase or lease of zero-emissions         following:
                                             buildings or facilities;                                vehicles, including school buses, fleet vehi-            (1) The difference between the fiscal capac-
                                               (B) to install systems that individually              cles, and other operational vehicles.                  ity of the eligible entity to carry out, and
                                             generate energy from renewable energy re-                  (3) LOCAL EDUCATIONAL AGENCY.—The term              the needs of the partnering local educational
                                             sources;                                                ‘‘local educational agency’’ has the meaning           agency for, energy improvements at school
                                               (C) to establish partnerships to leverage             given the term in section 8101 of the Elemen-          facilities, including—
                                             economies of scale and additional financing             tary and Secondary Education Act of 1965 (20             (A) the current and historic ability of the
                                             mechanisms available to larger clean energy             U.S.C. 7801).                                          partnering local educational agency to raise
                                             initiatives; or                                            (4) PARTNERING LOCAL EDUCATIONAL AGEN-              funds for construction, renovation, mod-
                                               (D) to promote—                                       CY.—The term ‘‘partnering local educational            ernization, and major repair projects for
                                               (i) the maintenance of health, environ-               agency’’, when used with respect to an eligi-          schools;
                                             mental quality, and safety in schools, includ-          ble entity, means the local educational agen-            (B) whether the partnering local edu-
                                             ing the ambient air quality, through energy             cy participating in the eligible entity.               cational agency has been able to issue bonds
                                             efficiency, renewable energy, and energy ret-              (5) ZERO-EMISSIONS VEHICLE INFRASTRUC-              or receive other funds to support current in-
                                                                                                     TURE.—The term ‘‘zero-emissions vehicle in-            frastructure needs of the partnering local
                                             rofit projects; and
                                                                                                     frastructure’’ means infrastructure used to            educational agency; and
                                               (ii) the achievement of expected energy
                                                                                                     charge or fuel—                                          (C) the bond rating of the partnering local
                                             savings and renewable energy production
                                                                                                        (A) a zero-emission vehicle (as defined in          educational agency.
                                             through proper operations and maintenance
                                                                                                     section 88.102–94 of title 40, Code of Federal           (2) The likelihood that the partnering local
                                             practices;
                                                                                                     Regulations (or successor regulation)); or             educational agency or eligible entity will
                                               (4) develop and maintain a single online re-
                                                                                                        (B) a vehicle that does not produce exhaust         maintain in good condition, and operate, the
                                             source website with contact information for
                                                                                                     emissions of any criteria pollutant (or pre-           energy improvements at any facility the im-
                                             relevant technical assistance and support
                                                                                                     cursor pollutant) or greenhouse gas under              provement of which is assisted.
                                             staff in the Office of Energy Efficiency and
                                                                                                     any possible operational modes or condi-                 (3) The potential energy, health, and safety
                                             Renewable Energy for States, local edu-
                                                                                                     tions.                                                 benefits from the proposed energy improve-
                                             cational agencies, and schools to effectively
                                                                                                        (b) AUTHORITY.—From amounts made                    ments, considering factors including the de-
                                             access and use Federal opportunities and as-
                                                                                                     available for grants under this section, the           gree of efficiency, energy savings, and renew-
                                             sistance described in paragraph (1) to de-
                                                                                                     Secretary shall award competitive grants to            able energy generation in proportion to
                                             velop energy efficiency, renewable energy,
                                                                                                     eligible entities to make energy improve-              school facility size and usage.
                                             and energy retrofitting projects; and                                                                            (f) USE OF GRANT AMOUNTS.—
                                                                                                     ments authorized by this section.
                                               (5) establish a process for recognition of               (c) APPLICATIONS.—                                    (1) IN GENERAL.—An eligible entity receiv-
                                             schools that—                                              (1) IN GENERAL.—An eligible entity desiring         ing a grant under this section shall use the
                                               (A) have successfully implemented energy              a grant under this section shall submit to             grant amounts only to make the energy im-
                                             efficiency, renewable energy, and energy ret-           the Secretary an application at such time, in          provements described in the application,
                                             rofitting projects; and                                 such manner, and containing such informa-              subject to the other provisions of this sub-
                                               (B) are willing to serve as resources for             tion as the Secretary may require.                     section.
                                             other local educational agencies and schools               (2) CONTENTS.—The application submitted               (2) OPERATION AND MAINTENANCE TRAIN-
                                             to assist initiation of similar efforts.                under paragraph (1) shall include each of the          ING.—An eligible entity receiving a grant
                                               (d) REPORT.—Not later than 180 days after             following:                                             under this section may use not more than 5
                                             the date of enactment of this Act, the Sec-                (A) A needs assessment of the current con-          percent of the grant amounts for operation
                                             retary shall submit to Congress a report de-            dition of the school and facilities that are to        and maintenance training for energy effi-
                                             scribing the implementation of this section.            receive the energy improvements.                       ciency and renewable energy improvements
                                             SEC. 1004. GRANTS FOR ENERGY EFFICIENCY IM-                (B) A draft work plan of what the eligible          (such as maintenance staff and teacher
                                                         PROVEMENTS AND RENEWABLE EN-                entity proposes to achieve at the school and           training, education, and preventative main-
                                                         ERGY IMPROVEMENTS AT PUBLIC                 a description of the energy improvements to            tenance training).
                                                         SCHOOL FACILITIES.                                                                                   (3) AUDIT.—An eligible entity receiving a
                                                                                                     be carried out.
                                               (a) DEFINITIONS.—In this section:                        (C) A description of the capacity of the eli-       grant under this section may use funds under
                                               (1) ELIGIBLE ENTITY.—The term ‘‘eligible              gible entity to provide services and com-              the grant for a third-party investigation and
                                             entity’’ means a consortium of—                         prehensive support to make the energy im-              analysis for energy improvements (such as
                                               (A) 1 local educational agency; and                   provements.                                            energy audits and existing building commis-
                                               (B) 1 or more—                                           (D) An assessment of the applicant’s ex-            sioning).
                                               (i) schools;                                          pected needs of the eligible entity for oper-            (4) CONTINUING EDUCATION.—An eligible en-
                                               (ii) nonprofit organizations;                         ation and maintenance training funds, and a            tity receiving a grant under this section may
                                               (iii) for-profit organizations; or                    plan for use of those funds, if any.                   use not more than 3 percent of the grant
                                               (iv) community partners that have the                    (E) An assessment of the expected energy,           amounts to develop a continuing education
                                             knowledge and capacity to partner and assist            safety, and health benefits of the energy im-          curriculum relating to energy improve-
                                             with energy improvements.                               provements.                                            ments.
                                               (2) ENERGY IMPROVEMENT.—The term ‘‘en-                   (F) A lifecycle cost estimate of the pro-             (g) CONTRACTING REQUIREMENTS.—
                                             ergy improvement’’ means—                               posed energy improvements.                               (1) DAVIS-BACON.—Any laborer or mechanic
                                               (A) any improvement, repair, renovation,                 (G) An identification of other resources            employed by any contractor or subcon-
                                             or installation to a school, including school           that are available to carry out the activities         tractor in the performance of work on any
                                             grounds, that will result in a direct reduc-            for which funds are requested under this sec-          energy improvements funded by a grant
                                             tion in school energy costs, including im-              tion, including the availability of utility            under this section shall be paid wages at
                                             provements to building envelope, air condi-             programs and public benefit funds.                     rates not less than those prevailing on simi-
                                             tioning, ventilation, heating system, domes-               (d) PRIORITY.—In awarding grants under              lar construction in the locality as deter-
                                             tic hot water heating, compressed air sys-              this section, the Secretary shall give a pri-          mined by the Secretary of Labor under sub-
                                             tems, distribution systems, lighting, power             ority to eligible entities—                            chapter IV of chapter 31 of title 40, United
                                             systems, and controls;                                     (1) that have renovation, repair, and im-           States Code (commonly referred to as the
                                               (B) any improvement, repair, renovation,              provement funding needs; and                           ‘‘Davis-Bacon Act’’).
                                             or installation that—                                      (2)(A) that serve a high percentage, as de-           (2) COMPETITION.—Each eligible entity re-




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                                               (i) leads to an improvement in teacher and            termined by the Secretary, of students who             ceiving a grant under this section shall en-
                                             student health, including indoor air quality,           are eligible for a free or reduced price lunch         sure that, if the eligible entity uses grant
                                             daylighting, ventilation, electrical lighting,          under the Richard B. Russell National                  funds to carry out repair or renovation
                                             green roofs, outdoor gardens, and acoustics;            School Lunch Act (42 U.S.C. 1751 et seq.)              through a contract, any such contract proc-
                                             and                                                     (which may be calculated for students in a             ess—
                                               (ii) results in a reduction in school energy          high school (as defined by section 8101 of the           (A) ensures the maximum number of quali-
                                             costs as described in subparagraph (A);                 Elementary and Secondary Education Act of              fied bidders, including small, minority, and




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                                             S1526                                             CONGRESSIONAL RECORD — SENATE                                                         March 5, 2020
                                             women-owned businesses, through full and                (4), to compose an appropriately diverse set           ing each from an appropriate range of build-
                                             open competition; and                                   of smart buildings based on size, type, and            ing sizes, types, and geographic locations.
                                               (B) gives priority to businesses located in,          geographic location.                                     (3) EVALUATION.—Using the guidelines of
                                             or resources common to, the State or the                  (B) INCLUSION OF COMMERCIALLY OPERATED               the Federal Energy Management Program
                                             geographical area in which the project is               BUILDINGS.—In making selections under sub-             relating to whole-building evaluation, meas-
                                             carried out.                                            paragraph (A), the Secretary may include               urement, and verification, the Secretary
                                               (h) REPORTING.—Each eligible entity re-               buildings that are owned by the Federal Gov-           shall evaluate the costs and benefits of the
                                             ceiving a grant under this section shall sub-           ernment but are commercially operated.                 buildings selected under paragraph (1), in-
                                             mit to the Secretary, at such time as the                 (C) INCLUSION OF MULTIFAMILY BUILDINGS               cluding an identification of—
                                             Secretary may require, a report describing              PARTICIPATING      IN   FEDERAL    ASSISTANCE     OR     (A) which advanced building technologies
                                             the use of such funds for energy improve-               LOAN GUARANTEE PROGRAMS.—In making se-                 and systems—
                                             ments, the estimated cost savings realized              lections under subparagraph (A), the Sec-                (i) are most cost-effective; and
                                             by those energy improvements, the results of            retary may include—                                      (ii) show the most promise for—
                                             any audit, the use of any utility programs                 (i) a multifamily building in a public hous-          (I) increasing building energy savings;
                                             and public benefit funds, and the use of per-           ing project;                                             (II) increasing service performance to
                                             formance tracking for energy improvements.                 (ii) a multifamily building in a multi-             building occupants;
                                               (i) BEST PRACTICES.—                                  family housing project receiving rental as-              (III) reducing environmental impacts; and
                                               (1) IN GENERAL.—The Secretary shall de-               sistance under subsection (b) of section 8 of            (IV) establishing cybersecurity; and
                                             velop and publish guidelines and best prac-             the United States Housing Act of 1937 (42                (B) any other information the Secretary
                                             tices for activities carried out under this sec-        U.S.C. 1437f) that is attached to the structure        determines to be appropriate.
                                             tion.                                                   pursuant to subsection (d)(2) of such section            (d) LEVERAGING EXISTING PROGRAMS.—
                                               (2) DEVELOPMENT.—In carrying out para-                8; and                                                   (1) BETTER BUILDING CHALLENGE.—As part
                                             graph (1), the Secretary shall—                            (iii) a multifamily building for which the          of the Better Building Challenge of the De-
                                               (A) establish minimum technical require-              mortgage secured by the building is guaran-            partment, the Secretary, in consultation
                                             ments for the conduct of energy audits and              teed by the Department of Housing and                  with major private sector property owners,
                                             indoor environmental quality assessments;               Urban Development.                                     shall develop smart building accelerators to
                                             and                                                        (3) TARGETS.—Not later than 18 months               demonstrate innovative policies and ap-
                                               (B) make publicly accessible on the                   after the date of enactment of this Act, the           proaches that will accelerate the transition
                                             website of the Department a brief annual re-            Secretary shall establish targets for the              to smart buildings in the public, institu-
                                             port on the implementation of this section.             number of smart buildings to be commis-                tional, and commercial buildings sectors.
                                               (3) TECHNICAL ASSISTANCE.—The Secretary               sioned and evaluated by key Federal agen-                (2) RESEARCH AND DEVELOPMENT.—
                                             may provide technical assistance to eligible            cies by 3 years and 6 years after the date of            (A) IN GENERAL.—The Secretary shall con-
                                             entities to implement the guidelines and                enactment of this Act.                                 duct research and development to address
                                             best practices developed under paragraph (1).              (4) FEDERAL AGENCY DESCRIBED.—The key               key barriers to the integration of advanced
                                               (j) AUTHORIZATION OF APPROPRIATIONS.—                 Federal agencies referred to in paragraph              building technologies and to accelerate the
                                             There are authorized to be appropriated to              (2)(A) shall include buildings operated by—            transition to smart buildings.
                                             carry out this section $100,000,000 for each of            (A) the Department of the Army;                       (B) INCLUSION.—The research and develop-
                                             fiscal years 2021 through 2025.                            (B) the Department of the Navy;                     ment conducted under subparagraph (A)
                                             SEC. 1005. SMART BUILDING ACCELERATION.                    (C) the Department of the Air Force;                shall include research and development on—
                                               (a) DEFINITIONS.—In this section:                        (D) the Department;                                   (i) achieving whole-building, systems-level
                                               (1) PROGRAM.—The term ‘‘program’’ means                  (E) the Department of the Interior;                 efficiency through smart system and compo-
                                             the Federal Smart Building Program estab-                  (F) the Department of Veterans Affairs;             nent integration;
                                             lished under subsection (b)(1).                            (G) the General Services Administration;              (ii) improving physical components, such
                                               (2) SMART BUILDING.—The term ‘‘smart                  and                                                    as sensors and controls, to be adaptive, an-
                                             building’’ means a building, or collection of              (H) the Department of Housing and Urban             ticipatory, and networked;
                                             buildings, with an energy system that—                  Development.                                             (iii) reducing the cost of key components
                                               (A) is flexible and automated;                           (5) REQUIREMENT.—In implementing the                to accelerate the adoption of smart building
                                               (B) has extensive operational monitoring              program, the Secretary shall leverage exist-           technologies;
                                             and communication connectivity, allowing                ing financing mechanisms including energy                (iv) data management, including the cap-
                                             remote monitoring and analysis of all build-            savings performance contracts, utility en-             ture and analysis of data and the interoper-
                                             ing functions;                                          ergy service contracts, and annual appro-              ability of the energy systems;
                                               (C) takes a systems-based approach in inte-           priations.                                               (v) in consultation with the Cybersecurity
                                             grating the overall building operations for                (6) EVALUATION.—Using the guidelines of             and Infrastructure Security Agency of the
                                             control of energy generation, consumption,              the Federal Energy Management Program                  Department of Homeland Security, pro-
                                             and storage;                                            relating to whole-building evaluation, meas-           tecting against cybersecurity threats and ad-
                                               (D) communicates with utilities and other             urement, and verification, the Secretary               dressing security vulnerabilities of building
                                             third-party commercial entities, if appro-              shall evaluate the costs and benefits of the           systems or equipment;
                                             priate;                                                 buildings selected under paragraph (2), in-              (vi) business models, including how busi-
                                               (E) protects the health and safety of occu-           cluding an identification of—                          ness models may limit the adoption of smart
                                             pants and workers; and                                     (A) which advanced building technologies—           building technologies and how to support
                                               (F) is cybersecure.                                      (i) are most cost-effective; and                    transactive energy;
                                               (3) SMART BUILDING ACCELERATOR.—The                      (ii) show the most promise for—                       (vii) integration and application of com-
                                             term ‘‘smart building accelerator’’ means an               (I) increasing building energy savings;             bined heat and power systems and energy
                                             initiative that is designed to demonstrate                 (II) increasing service performance to              storage for resiliency;
                                             specific innovative policies and approaches—            building occupants;                                      (viii) characterization of buildings and
                                               (A) with clear goals and a clear timeline;               (III) reducing environmental impacts; and           components;
                                             and                                                        (IV) establishing cybersecurity; and                  (ix) consumer and utility protections;
                                               (B) that, on successful demonstration,                   (B) any other information the Secretary               (x) continuous management, including the
                                             would accelerate investment in energy effi-             determines to be appropriate.                          challenges of managing multiple energy sys-
                                             ciency.                                                    (7) AWARDS.—The Secretary may expand                tems and optimizing systems for disparate
                                               (b) FEDERAL SMART BUILDING PROGRAM.—                  awards made under the Federal Energy Man-              stakeholders; and
                                               (1) ESTABLISHMENT.—Not later than 1 year              agement Program and the Better Building                  (xi) other areas of research and develop-
                                             after the date of enactment of this Act, the            Challenge to recognize specific agency                 ment, as determined appropriate by the Sec-
                                             Secretary shall, in consultation with the Ad-           achievements in accelerating the adoption of           retary.
                                             ministrator of General Services and the Sec-            smart building technologies.
                                                                                                                                                              (e) REPORT.—Not later than 2 years after
                                             retary of Homeland Security, as appropriate,               (c) SURVEY OF PRIVATE SECTOR SMART
                                             establish a program to be known as the                  BUILDINGS.—                                            the date of enactment of this Act, and every
                                             ‘‘Federal Smart Building Program’’—                        (1) SURVEY.—The Secretary shall conduct a           2 years thereafter until a total of 3 reports
                                               (A) to implement smart building tech-                 survey of privately owned smart buildings              have been made, the Secretary shall submit
                                             nology; and                                             throughout the United States, including                to the Committees on Energy and Natural




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                                               (B) to demonstrate the costs and benefits             commercial buildings, laboratory facilities,           Resources, Commerce, Science, and Trans-
                                             of smart buildings.                                     hospitals, multifamily residential buildings,          portation, and Homeland Security and Gov-
                                               (2) SELECTION.—                                       and buildings owned by nonprofit organiza-             ernmental Affairs of the Senate and the
                                               (A) IN GENERAL.—The Secretary shall co-               tions and institutions of higher education.            Committees on Energy and Commerce,
                                             ordinate the selection of not fewer than 1                 (2) SELECTION.—From among the smart                 Science, Space, and Technology, and Home-
                                             building from among each of several key                 buildings surveyed under paragraph (1), the            land Security of the House of Representa-
                                             Federal agencies, as described in paragraph             Secretary shall select not fewer than 1 build-         tives a report on—




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                    S1527
                                               (1) the establishment of the Federal Smart              (b) ESTABLISHMENT.—The Secretary shall                 ‘‘(B) an industrial research and assessment
                                             Building Program and the evaluation of Fed-             award grants to eligible entities to pay the           center at a trade school, community college,
                                             eral smart buildings under subsection (b);              Federal share of associated career skills              or union training program that is funded by
                                               (2) the survey and evaluation of private              training programs under which students con-            the Secretary under subsection (f).
                                             sector smart buildings under subsection (c);            currently receive classroom instruction and              ‘‘(b) INSTITUTION OF HIGHER EDUCATION-
                                             and                                                     on-the-job training for the purpose of obtain-         BASED INDUSTRIAL RESEARCH AND ASSESS-
                                               (3) any recommendations of the Secretary              ing an industry-related certification to in-           MENT CENTERS.—
                                             to further accelerate the transition to smart           stall energy efficient buildings technologies.           ‘‘(1) IN GENERAL.—The Secretary shall pro-
                                             buildings.                                                (c) FEDERAL SHARE.—The Federal share of              vide funding to institution of higher edu-
                                                CHAPTER 2—WORKER TRAINING AND                        the cost of carrying out a career skills train-        cation-based industrial research and assess-
                                                         CAPACITY BUILDING                           ing program described in subsection (a) shall          ment centers.
                                             SEC. 1011. BUILDING TRAINING AND ASSESS-                be 50 percent.                                           ‘‘(2) PURPOSE.—The purpose of each insti-
                                                        MENT CENTERS.                                  (d) AUTHORIZATION OF APPROPRIATIONS.—                tution of higher education-based industrial
                                               (a) IN GENERAL.—The Secretary shall pro-              There is authorized to be appropriated to              research and assessment center shall be—
                                             vide grants to institutions of higher edu-              carry out this section $10,000,000, to remain            ‘‘(A) to identify opportunities for opti-
                                             cation (as defined in section 101 of the Higher         available until expended.                              mizing energy efficiency and environmental
                                             Education Act of 1965 (20 U.S.C. 1001)) and                  Subpart B—Industrial Efficiency and               performance, including implementation of—
                                             Tribal Colleges or Universities (as defined in                         Competitiveness                           ‘‘(i) smart manufacturing;
                                             section 316(b) of that Act (20 U.S.C. 1059c(b)))                                                                 ‘‘(ii) energy management systems;
                                                                                                     SEC. 1021. PURPOSES.                                     ‘‘(iii) sustainable manufacturing; and
                                             to establish building training and assess-
                                                                                                       The purposes of this subpart are—                      ‘‘(iv) information technology advance-
                                             ment centers—
                                                                                                       (1) to establish a clear and consistent au-          ments for supply chain analysis, logistics,
                                               (1) to identify opportunities for optimizing
                                                                                                     thority for industrial efficiency programs of          system monitoring, industrial and manufac-
                                             energy efficiency and environmental per-
                                                                                                     the Department;                                        turing processes, and other purposes;
                                             formance in buildings;
                                                                                                       (2) to accelerate the deployment of tech-              ‘‘(B) to promote applications of emerging
                                               (2) to promote the application of emerging
                                                                                                     nologies and practices that will increase in-          concepts and technologies in small- and me-
                                             concepts and technologies in commercial and
                                                                                                     dustrial energy efficiency and improve pro-            dium-sized manufacturers (including water
                                             institutional buildings;
                                               (3) to train engineers, architects, building          ductivity;                                             and wastewater treatment facilities and fed-
                                             scientists, building energy permitting and                (3) to accelerate the development and dem-           erally owned manufacturing facilities);
                                             enforcement officials, and building techni-             onstration of technologies that will assist              ‘‘(C) to promote research and development
                                             cians in energy-efficient design and oper-              the deployment goals of the industrial effi-           for the use of alternative energy sources to
                                             ation;                                                  ciency programs of the Department and in-              supply heat, power, and new feedstocks for
                                               (4) to assist institutions of higher edu-             crease manufacturing efficiency;                       energy-intensive industries;
                                             cation and Tribal Colleges or Universities in             (4) to stimulate domestic economic growth              ‘‘(D) to coordinate with appropriate Fed-
                                             training building technicians;                          and improve industrial productivity and                eral and State research offices;
                                               (5) to promote research and development               competitiveness;                                         ‘‘(E) to provide a clearinghouse for indus-
                                             for the use of alternative energy sources and             (5) to meet the future workforce needs of            trial process and energy efficiency technical
                                             distributed generation to supply heat and               industry; and                                          assistance resources; and
                                             power for buildings, particularly energy-in-              (6) to strengthen partnerships between                 ‘‘(F) to coordinate with State-accredited
                                             tensive buildings; and                                  Federal and State governmental agencies                technical training centers and community
                                               (6) to coordinate with and assist State-ac-           and the private and academic sectors.                  colleges, while ensuring appropriate services
                                             credited technical training centers, commu-             SEC. 1022. FUTURE OF INDUSTRY PROGRAM AND              to all regions of the United States.
                                             nity colleges, Tribal Colleges or Universities,                     INDUSTRIAL RESEARCH AND AS-                  ‘‘(c) COORDINATION.—To increase the value
                                                                                                                 SESSMENT CENTERS.                          and capabilities of the industrial research
                                             and local offices of the National Institute of
                                             Food and Agriculture and ensure appropriate               (a) FUTURE OF INDUSTRY PROGRAM.—Sec-                 and assessment centers, the centers shall—
                                             services are provided under this section to             tion 452 of the Energy Independence and Se-              ‘‘(1) coordinate with Manufacturing Exten-
                                             each region of the United States.                       curity Act of 2007 (42 U.S.C. 17111) is amend-         sion Partnership Centers of the National In-
                                               (b) COORDINATION AND NONDUPLICATION.—                 ed—                                                    stitute of Standards and Technology;
                                               (1) IN GENERAL.—The Secretary shall co-                 (1) by striking the section heading and in-            ‘‘(2) coordinate with the Federal Energy
                                             ordinate the program with the industrial re-            serting the following: ‘‘FUTURE OF INDUSTRY            Management Program and the Building
                                             search and assessment centers program and               PROGRAM’’;                                             Technologies Program of the Department of
                                             with other Federal programs to avoid dupli-               (2) in subsection (a)(2)—                            Energy to provide building assessment serv-
                                             cation of effort.                                         (A) by redesignating subparagraph (E) as             ices to manufacturers;
                                               (2) COLLOCATION.—To the maximum extent                subparagraph (F); and                                    ‘‘(3) increase partnerships with the Na-
                                             practicable, building, training, and assess-              (B) by inserting after subparagraph (D) the          tional Laboratories of the Department of En-
                                             ment centers established under this section             following:                                             ergy to leverage the expertise, technologies,
                                             shall be collocated with Industrial Assess-               ‘‘(E) water and wastewater treatment fa-             and research and development capabilities of
                                             ment Centers.                                           cilities, including systems that treat munic-          the National Laboratories for national in-
                                               (c) AUTHORIZATION OF APPROPRIATIONS.—                 ipal, industrial, and agricultural waste;              dustrial and manufacturing needs;
                                             There is authorized to be appropriated to               and’’;                                                   ‘‘(4) increase partnerships with energy
                                             carry out this section $10,000,000, to remain             (3) by striking subsection (e); and                  service providers and technology providers
                                             available until expended.                                 (4) by redesignating subsection (f) as sub-          to leverage private sector expertise and ac-
                                             SEC. 1012. CAREER SKILLS TRAINING.                      section (e).                                           celerate deployment of new and existing
                                               (a) DEFINITION OF ELIGIBLE ENTITY.—In this              (b) INDUSTRIAL RESEARCH AND ASSESSMENT               technologies and processes for energy effi-
                                             section, the term ‘‘eligible entity’’ means a           CENTERS.—Subtitle D of title IV of the En-             ciency, power factor, and load management;
                                             nonprofit partnership that—                             ergy Independence and Security Act of 2007               ‘‘(5) identify opportunities for reducing
                                               (1) includes the equal participation of in-           (42 U.S.C. 17111 et seq.) is amended by adding         greenhouse gas emissions and other air emis-
                                             dustry, including public or private employ-             at the end the following:                              sions; and
                                             ers, and labor organizations, including joint           ‘‘SEC. 454. INDUSTRIAL RESEARCH AND ASSESS-              ‘‘(6) promote sustainable manufacturing
                                             labor-management training programs;                                   MENT CENTERS.                            practices for small- and medium-sized manu-
                                               (2) may include workforce investment                     ‘‘(a) DEFINITIONS.—In this section:                 facturers.
                                             boards,    community-based      organizations,             ‘‘(1) ENERGY SERVICE PROVIDER.—The term               ‘‘(d) OUTREACH.—The Secretary shall pro-
                                             qualified service and conservation corps,               ‘energy service provider’ means—                       vide funding for—
                                             educational institutions, small businesses,               ‘‘(A) any business providing technology or             ‘‘(1) outreach activities by the industrial
                                             cooperatives, State and local veterans agen-            services to improve the energy efficiency,             research and assessment centers to inform
                                             cies, and veterans service organizations; and           water efficiency, power factor, or load man-           small- and medium-sized manufacturers of
                                               (3) demonstrates—                                     agement of a manufacturing site or other in-           the information, technologies, and services
                                               (A) experience in implementing and oper-              dustrial process in an energy-intensive in-            available; and
                                             ating worker skills training and education              dustry (as defined in section 452(a)); and               ‘‘(2) coordination activities by each indus-
                                             programs;                                                 ‘‘(B) any utility operating under a utility          trial research and assessment center to le-
                                               (B) the ability to identify and involve in            energy service project.                                verage efforts with—




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                                             training programs carried out under this sec-             ‘‘(2) INDUSTRIAL RESEARCH AND ASSESSMENT               ‘‘(A) Federal and State efforts;
                                             tion, target populations of individuals who             CENTER.—The term ‘industrial research and                ‘‘(B) the efforts of utilities and energy
                                             would benefit from training and be actively             assessment center’ means—                              service providers;
                                             involved in activities relating to energy effi-           ‘‘(A) an institution of higher education-              ‘‘(C) the efforts of regional energy effi-
                                             ciency and renewable energy industries; and             based industrial research and assessment               ciency organizations; and
                                               (C) the ability to help individuals achieve           center that is funded by the Secretary under             ‘‘(D) the efforts of other industrial re-
                                             economic self-sufficiency.                              subsection (b); and                                    search and assessment centers.




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                                             S1528                                             CONGRESSIONAL RECORD — SENATE                                                           March 5, 2020
                                               ‘‘(e) CENTERS OF EXCELLENCE.—                           ‘‘(2)   APPRENTICESHIPS.—The        Secretary        ergy security, microgrids, and district en-
                                               ‘‘(1) ESTABLISHMENT.—The Secretary shall              shall pay the Federal share of associated ap-          ergy; and
                                             establish a Center of Excellence at not more            prenticeship programs under which—                        ‘‘(B) provide project-specific support to
                                             than 5 of the highest-performing industrial               ‘‘(A) students work with or for industries,          building and industrial professionals through
                                             research and assessment centers, as deter-              manufacturers, and energy service providers            economic and engineering assessments and
                                             mined by the Secretary.                                 to implement the recommendations of indus-             advisory activities.
                                               ‘‘(2) DUTIES.—A Center of Excellence shall            trial research and assessment centers; and                ‘‘(2) FUNDING FOR CERTAIN ACTIVITIES.—
                                             coordinate with and advise the industrial re-             ‘‘(B) employees of facilities that have re-             ‘‘(A) IN GENERAL.—The Program shall
                                             search and assessment centers located in the            ceived an assessment from an industrial re-            make funds available to institutions of high-
                                             region of the Center of Excellence, includ-             search and assessment center work with or              er education, research centers, and other ap-
                                             ing—                                                    for an industrial research and assessment              propriate institutions to ensure the contin-
                                               ‘‘(A) by mentoring new directors and staff            center to gain knowledge on engineering                ued operation and effectiveness of regional
                                             of the industrial research and assessment               practices and processes to improve produc-             CHP Technical Assistance Partnerships.
                                             centers with respect to—                                tivity and energy savings.                                ‘‘(B) USE OF FUNDS.—Funds made available
                                               ‘‘(i) the availability of resources; and                ‘‘(3) FEDERAL SHARE.—The Federal share of            under subparagraph (A) may be used—
                                               ‘‘(ii) best practices for carrying out assess-        the cost of carrying out internship programs              ‘‘(i) to research, develop, and distribute in-
                                             ments, including through the participation              described in paragraph (1) and apprenticeship          formational materials relevant to manufac-
                                             of the staff of the Center of Excellence in as-         programs described in paragraph (2) shall be           turers, commercial buildings, institutional
                                             sessments carried out by new industrial re-             50 percent.                                            facilities, and Federal sites;
                                             search and assessment centers;                            ‘‘(h) SMALL BUSINESS LOANS.—The Admin-                  ‘‘(ii) to support the mission goals of the
                                               ‘‘(B) by providing training to staff and stu-         istrator of the Small Business Administra-             Department of Defense relating to CHP and
                                             dents at the industrial research and assess-            tion shall, to the maximum extent prac-                microgrid technologies;
                                             ment centers on new technologies, practices,            ticable, expedite consideration of applica-               ‘‘(iii) to continuously maintain and up-
                                             and tools to expand the scope and impact of             tions from eligible small business concerns            date—
                                             the assessments carried out by the centers;             for loans under the Small Business Act (15                ‘‘(I) the CHP installation database;
                                               ‘‘(C) by assisting the industrial research            U.S.C. 631 et seq.) to implement rec-                     ‘‘(II) CHP technology potential analyses;
                                             and assessment centers with specialized                 ommendations developed by the industrial                  ‘‘(III) State CHP resource websites; and
                                             technical opportunities, including by pro-              research and assessment centers.                          ‘‘(IV) CHP Technical Assistance Partner-
                                             viding a clearinghouse of available expertise             ‘‘(i) FUNDING.—There is authorized to be             ships websites;
                                             and tools to assist the centers and clients of          appropriated to the Secretary to carry out                ‘‘(iv) to research, develop, and conduct
                                             the centers in assessing and implementing               this section $30,000,000 for each fiscal year, to      workshops, reports, seminars, internet pro-
                                             those opportunities;                                    remain available until expended.’’.                    grams, CHP resiliency resources, and other
                                               ‘‘(D) by identifying and coordinating with              (c) CLERICAL AMENDMENT.—The table of                 activities to provide education to end users,
                                             regional, State, local, and utility energy effi-        contents of the Energy Independence and Se-            regulators, and stakeholders in a manner
                                             ciency programs for the purpose of facili-              curity Act of 2007 (42 U.S.C. prec. 17001) is          that leads to the deployment of CHP tech-
                                             tating efforts by industrial research and as-           amended by adding at the end of the items              nologies;
                                             sessment centers to connect industrial facili-          relating to subtitle D of title IV the fol-               ‘‘(v) to provide or coordinate onsite assess-
                                             ties receiving assessments from those cen-              lowing:                                                ments for sites and enterprises that may
                                             ters with regional, State, local, and utility
                                                                                                     ‘‘Sec. 454. Industrial research and assess-            consider deployment of CHP technology;
                                             energy efficiency programs that could aid
                                                                                                                   ment centers.’’.                            ‘‘(vi) to identify candidates for deployment
                                             the industrial facilities in implementing any
                                                                                                     SEC. 1023. CHP TECHNICAL ASSISTANCE PART-              of CHP technologies, hybrid renewable-CHP
                                             recommendations resulting from the assess-
                                                                                                                 NERSHIP PROGRAM.                           technologies, microgrids, and clean energy;
                                             ments;
                                                                                                       (a) IN GENERAL.—Section 375 of the Energy               ‘‘(vii) to provide nonbiased engineering
                                               ‘‘(E) by facilitating coordination between
                                                                                                     Policy and Conservation Act (42 U.S.C. 6345)           support to sites considering deployment of
                                             the industrial research and assessment cen-
                                                                                                     is amended to read as follows:                         CHP technologies;
                                             ters and other Federal programs described in
                                                                                                     ‘‘SEC. 375. CHP TECHNICAL ASSISTANCE PART-                ‘‘(viii) to assist organizations developing
                                             paragraphs (1) through (3) of subsection (c);
                                                                                                                   NERSHIP PROGRAM.                         clean energy technologies and policies in
                                             and
                                                                                                        ‘‘(a) RENAMING.—                                    overcoming barriers to deployment; and
                                               ‘‘(F) by coordinating the outreach activi-
                                                                                                        ‘‘(1) IN GENERAL.—The Clean Energy Appli-              ‘‘(ix) to assist with field validation and
                                             ties of the industrial research and assess-
                                                                                                     cation Centers of the Department of Energy             performance evaluations of CHP and other
                                             ment centers under subsection (d)(1).
                                                                                                     are redesignated as the CHP Technical As-              clean energy technologies implemented.
                                               ‘‘(3) FUNDING.—Subject to the availability
                                                                                                     sistance Partnership Program (referred to in              ‘‘(C) DURATION.—The Program shall make
                                             of appropriations, for each fiscal year, out of
                                                                                                     this section as the ‘Program’).                        funds available under subparagraph (A) for a
                                             any amounts made available to carry out
                                                                                                       ‘‘(2) PROGRAM DESCRIPTION.—The Program               period of 5 years.
                                             this section under subsection (i), the Sec-
                                                                                                     shall consist of—                                         ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
                                             retary shall use not less than $500,000 to sup-
                                                                                                       ‘‘(A) the 10 regional CHP Technical Assist-          There is authorized to be appropriated to
                                             port each Center of Excellence.
                                               ‘‘(f) EXPANSION OF INDUSTRIAL RESEARCH                ance Partnerships in existence on the date of          carry out this section $12,000,000 for each of
                                             AND ASSESSMENT CENTERS.—                                enactment of the American Energy Innova-               fiscal years 2021 through 2025.’’.
                                               ‘‘(1) IN GENERAL.—The Secretary shall pro-            tion Act of 2020;                                         (b)     CONFORMING     AMENDMENT.—Section
                                             vide funding to establish additional indus-               ‘‘(B) any other regional CHP Technical As-           372(g) of the Energy Policy and Conservation
                                             trial research and assessment centers at                sistance Partnerships as the Secretary may             Act (42 U.S.C. 6342(g)) is amended by striking
                                             trade schools, community colleges, and                  establish; and                                         ‘‘Clean Energy Applications Center operated
                                             union training programs.                                  ‘‘(C) any supporting technical activities            by the Secretary of Energy’’ and inserting
                                               ‘‘(2) PURPOSE.—                                       under the Technical Partnership Program of             ‘‘regional CHP Technical Assistance Part-
                                               ‘‘(A) IN GENERAL.—Subject to subparagraph             the Advanced Manufacturing Office of the               nerships’’.
                                                                                                     Department of Energy.                                     (c) CLERICAL AMENDMENT.—The table of
                                             (B), to the maximum extent practicable, an
                                                                                                       ‘‘(3) REFERENCES.—Any reference in any               contents of the Energy Policy and Conserva-
                                             industrial research and assessment center es-
                                                                                                     law, rule, regulation, or publication to a             tion Act (Public Law 94–163; 89 Stat. 872; 92
                                             tablished under paragraph (1) shall have the
                                                                                                     Combined Heat and Power Application Cen-               Stat. 3272) is amended by striking the item
                                             same purpose as an institution of higher edu-
                                                                                                     ter or a Clean Energy Application Center               relating to section 375 and inserting the fol-
                                             cation-based industrial research center that
                                                                                                     shall be deemed to be a reference to the Pro-          lowing:
                                             is funded by the Secretary under subsection
                                             (b)(1).                                                 gram.                                                  ‘‘Sec. 375. CHP Technical Assistance Part-
                                               ‘‘(B) CONSIDERATION OF CAPABILITIES.—In                 ‘‘(b) CHP TECHNICAL ASSISTANCE PARTNER-                              nership Program.’’.
                                             evaluating or establishing the purpose of an            SHIP PROGRAM.—                                         SEC. 1024. SUSTAINABLE MANUFACTURING INI-
                                             industrial research and assessment center es-             ‘‘(1) IN GENERAL.—The Program shall—                             TIATIVE.
                                             tablished under paragraph (1), the Secretary              ‘‘(A) operate programs to encourage de-                (a) IN GENERAL.—Part E of title III of the
                                             shall take into consideration the varying ca-           ployment of combined heat and power, waste             Energy Policy and Conservation Act (42
                                             pabilities of trade schools, community col-             heat to power, and efficient district energy           U.S.C. 6341 et seq.) is amended by adding at
                                             leges, and union training programs.                     (collectively referred to in this subsection as        the end the following:
                                               ‘‘(g) WORKFORCE TRAINING.—                            ‘CHP’) technologies by providing education             ‘‘SEC. 376. SUSTAINABLE MANUFACTURING INI-




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                                               ‘‘(1) INTERNSHIPS.—The Secretary shall pay            and outreach—                                                       TIATIVE.
                                             the Federal share of associated internship                ‘‘(i) to building, industrial, and electric             ‘‘(a) IN GENERAL.—As part of the Office of
                                             programs under which students work with or              and natural gas utility professionals;                 Energy Efficiency and Renewable Energy of
                                             for industries, manufacturers, and energy                 ‘‘(ii) to State and local policymakers; and          the Department of Energy, the Secretary, on
                                             service providers to implement the rec-                   ‘‘(iii) to other individuals and organiza-           the request of a manufacturer, shall carry
                                             ommendations of industrial research and as-             tions with an interest in efficient energy use,        out onsite technical assessments to identify
                                             sessment centers.                                       local or opportunity fuel use, resiliency, en-         opportunities for—




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                                   S1529
                                               ‘‘(1) maximizing the energy efficiency of               (6) enhance foundational knowledge needed                   Subpart C—Federal Agency Energy
                                             industrial processes and cross-cutting sys-             for low-emission combustion systems that                                Efficiency
                                             tems;                                                   can work in high-pressure, high-temperature            SEC. 1031. ENERGY AND WATER PERFORMANCE
                                               ‘‘(2) preventing pollution and minimizing             environments required for high-efficiency                          REQUIREMENTS   FOR   FEDERAL
                                             waste;                                                  cycles;                                                            BUILDINGS.
                                               ‘‘(3) improving efficient use of water in               (7) increase operational flexibility by re-            (a) IN GENERAL.—Section 543 of the Na-
                                             manufacturing processes;                                ducing turbine start-up times and improving            tional Energy Conservation Policy Act (42
                                               ‘‘(4) conserving natural resources; and               the ability to accommodate flexible power              U.S.C. 8253) is amended—
                                               ‘‘(5) achieving such other goals as the Sec-          demand; and                                               (1) in the section heading, by inserting
                                             retary determines to be appropriate.                      (8) include any other elements necessary to          ‘‘AND WATER’’ after ‘‘ENERGY’’;
                                               ‘‘(b) COORDINATION.—To implement any                  achieve the goals described in subsection (c),            (2) by striking subsection (a) and inserting
                                             recommendations resulting from an onsite                as determined by the Secretary in consulta-            the following:
                                             technical assessment carried out under sub-             tion with private industry.                               ‘‘(a) ENERGY AND WATER PERFORMANCE RE-
                                             section (a) and to accelerate the adoption of             (c) PROGRAM GOALS.—                                  QUIREMENTS FOR FEDERAL BUILDINGS.—
                                             new and existing technologies and processes               (1) IN GENERAL.—The goals of the program                ‘‘(1) ENERGY REQUIREMENTS.—Subject to
                                             that improve energy efficiency, the Sec-                shall be—                                              paragraph (3), to the maximum extent life
                                             retary shall coordinate with—                             (A) in phase I, to develop a conceptual de-          cycle cost-effective (as defined in subsection
                                               ‘‘(1) the Advanced Manufacturing Office of            sign of, and to develop and demonstrate the            (f)(1)), each agency shall apply energy con-
                                             the Department of Energy;                               technology required for—                               servation measures to, and shall improve the
                                               ‘‘(2) the Building Technologies Office of the           (i) advanced high efficiency gas turbines to         design for the construction of, the Federal
                                             Department of Energy;                                   achieve, on a lower heating value basis—               buildings of the agency (including each in-
                                               ‘‘(3) the Federal Energy Management Pro-                (I) a combined cycle efficiency of not less          dustrial or laboratory facility) so that the
                                             gram of the Department of Energy; and                   than 65 percent; or                                    energy consumption per gross square foot of
                                               ‘‘(4) the private sector and other appro-               (II) a simple cycle efficiency of not less           the Federal buildings of the agency in fiscal
                                             priate agencies, including the National Insti-          than 47 percent; and                                   years 2021 through 2028 is reduced, as com-
                                             tute of Standards and Technology.                         (ii) aviation gas turbines to achieve a 25           pared with the energy consumption per gross
                                               ‘‘(c) RESEARCH AND DEVELOPMENT PROGRAM                percent reduction in fuel burn by improving            square foot of the Federal buildings of the
                                             FOR SUSTAINABLE MANUFACTURING AND IN-                   fuel efficiency to existing best-in-class              agency in fiscal year 2018, by the percentage
                                             DUSTRIAL TECHNOLOGIES AND PROCESSES.—As                 turbo-fan engines; and                                 specified in the following table:
                                             part of the industrial efficiency programs of             (B) in phase II, to develop a conceptual de-
                                             the Department of Energy, the Secretary                                                                                                                             Percentage
                                                                                                     sign of advanced high efficiency gas turbines          ‘‘Fiscal Year                                         Reduction
                                             shall carry out a joint industry-government             that can achieve, on a lower heating value
                                             partnership program to research, develop,                                                                         2021 ............................................        2.5
                                                                                                     basis—                                                    2022 ............................................          5
                                             and demonstrate new sustainable manufac-                  (i) a combined cycle efficiency of not less
                                             turing and industrial technologies and proc-                                                                      2023 ............................................        7.5
                                                                                                     than 67 percent; or                                       2024 ............................................         10
                                             esses that maximize the energy efficiency of
                                                                                                       (ii) a simple cycle efficiency of not less              2025 ............................................       12.5
                                             industrial plants, reduce pollution, and con-
                                                                                                     than 50 percent.                                          2026 ............................................         15
                                             serve natural resources.’’.
                                               (b) CLERICAL AMENDMENT.—The table of                    (2) ADDITIONAL GOALS.—If a goal described               2027 ............................................       17.5
                                             contents of the Energy Policy and Conserva-             in paragraph (1) has been achieved, the Sec-              2028 ............................................          20.
                                             tion Act (42 U.S.C. prec. 6201) is amended by           retary, in consultation with private industry             ‘‘(2) WATER REQUIREMENTS.—Subject to
                                             adding at the end of the items relating to              and the National Academy of Sciences, may              paragraph (3), the head of each Federal agen-
                                             part E of title III the following:                      develop additional goals or phases for ad-             cy shall, for each of fiscal years 2021 through
                                                                                                     vanced gas turbine research and develop-               2030, improve water use efficiency and man-
                                             ‘‘Sec. 376. Sustainable manufacturing initia-
                                                                                                     ment.                                                  agement, including stormwater manage-
                                                            tive.’’.                                   (d) FINANCIAL ASSISTANCE.—
                                             SEC. 1025. HIGH EFFICIENCY GAS TURBINES.                                                                       ment, at facilities of the agency by reducing
                                                                                                       (1) IN GENERAL.—The Secretary may pro-
                                               (a) IN GENERAL.—The Secretary, acting                                                                        agency potable water consumption inten-
                                                                                                     vide financial assistance, including grants,
                                             through the Assistant Secretary for Fossil                                                                     sity—
                                                                                                     to carry out the program.
                                             Energy (referred to in this section as the                                                                        ‘‘(A) by reducing potable water consump-
                                                                                                       (2) PROPOSALS.—Not later than 180 days
                                             ‘‘Secretary’’), shall carry out a multiyear,                                                                   tion by 54 percent by fiscal year 2030, rel-
                                                                                                     after the date of enactment of this Act, the
                                             multiphase program (referred to in this sec-                                                                   ative to the potable water consumption of
                                                                                                     Secretary shall solicit proposals from indus-
                                             tion as the ‘‘program’’) of research, develop-                                                                 the agency in fiscal year 2007, through reduc-
                                                                                                     try, small businesses, universities, and other
                                             ment, and technology demonstration to im-                                                                      tions of 2 percent each fiscal year (as meas-
                                                                                                     appropriate parties for conducting activities
                                             prove the efficiency of gas turbines used in                                                                   ured in gallons per gross square foot);
                                                                                                     under this section.
                                             power generation systems and aviation.                                                                            ‘‘(B) by reducing the industrial, land-
                                                                                                       (3) CONSIDERATIONS.—In selecting proposed
                                               (b) PROGRAM ELEMENTS.—The program                                                                            scaping, and agricultural water consumption
                                                                                                     projects to receive financial assistance under
                                             shall—                                                                                                         of the agency, as compared to a baseline of
                                                                                                     this section, the Secretary shall give special
                                               (1) support first-of-a-kind engineering and                                                                  that consumption by the agency in fiscal
                                                                                                     consideration to the extent to which the pro-
                                             detailed gas turbine design for small-scale                                                                    year 2010, through reductions of 2 percent
                                                                                                     posed project will—
                                             and utility-scale electric power generation,                                                                   each fiscal year (as measured in gallons); and
                                                                                                       (A) stimulate the creation or increased re-
                                             including—                                                                                                        ‘‘(C) by installing appropriate infrastruc-
                                                                                                     tention of jobs in the United States; and
                                               (A) high temperature materials, including                                                                    ture features on federally owned property to
                                                                                                       (B) promote and enhance technology lead-
                                             superalloys, coatings, and ceramics;                                                                           improve stormwater and wastewater man-
                                                                                                     ership in the United States.
                                               (B) improved heat transfer capability;                                                                       agement.
                                                                                                       (4) COMPETITIVE AWARDS.—The Secretary
                                               (C) manufacturing technology required to                                                                        ‘‘(3) ENERGY AND WATER INTENSIVE BUILDING
                                                                                                     shall provide financial assistance under this
                                             construct complex 3-dimensional geometry                                                                       EXCLUSION.—
                                                                                                     section on a competitive basis, with an em-
                                             parts with improved aerodynamic capability;                                                                       ‘‘(A) IN GENERAL.—An agency may exclude
                                                                                                     phasis on technical merit.
                                               (D) combustion technology to produce                                                                         from the requirements of paragraphs (1) and
                                                                                                       (5) COST SHARING.—Section 988 of the En-
                                             higher firing temperature while lowering ni-                                                                   (2) any building (including the associated en-
                                                                                                     ergy Policy Act of 2005 (42 U.S.C. 16352) shall
                                             trogen oxide and carbon monoxide emissions                                                                     ergy consumption and gross square footage
                                                                                                     apply to financial assistance provided under
                                             per unit of output;                                                                                            of the building) in which energy and water
                                                                                                     this section.
                                               (E) advanced controls and systems integra-                                                                   intensive activities are carried out.
                                                                                                       (e) AUTHORIZATION OF APPROPRIATIONS.—
                                             tion;                                                   There is authorized to be appropriated to                 ‘‘(B) REPORTS.—Each agency shall identify
                                               (F) advanced high performance compressor              carry out this section $50,000,000 for each of         and include in each report under section
                                             technology; and                                         fiscal years 2021 through 2025.                        548(a) each building designated by the agency
                                               (G) validation facilities for the testing of          SEC. 1026. CONFORMING AMENDMENTS.
                                                                                                                                                            for exclusion under subparagraph (A) during
                                             components and subsystems;                                (a) Section 106 of the Energy Policy Act of          the period covered by the report.
                                               (2) include technology demonstration                  2005 (42 U.S.C. 15811) is repealed.                       ‘‘(4) RECOMMENDATIONS.—Not later than
                                             through component testing, subscale testing,              (b) Sections 131, 132, 133, 2103, and 2107 of        December 31, 2026, the Secretary shall—
                                             and full-scale testing in existing fleets;              the Energy Policy Act of 1992 (42 U.S.C. 6348,            ‘‘(A) review the results of the implementa-
                                               (3) include field demonstrations of the de-           6349, 6350, 13453, 13456) are repealed.                tion of the energy and water performance re-




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                                             veloped technology elements to demonstrate                (c) Section 2101(a) of the Energy Policy Act         quirements established under paragraph (1);
                                             technical and economic feasibility;                     of 1992 (42 U.S.C. 13451(a)) is amended in the            ‘‘(B) submit to Congress recommendations
                                               (4) assess overall combined cycle and sim-            third sentence by striking ‘‘sections 2102,            concerning energy performance require-
                                             ple cycle system performance;                           2103, 2104, 2105, 2106, 2107, and 2108’’ and in-       ments for fiscal years 2029 through 2038; and
                                               (5) increase fuel flexibility by enabling gas         serting ‘‘sections 2102, 2104, 2105, 2106, and            ‘‘(C) submit to Congress recommendations
                                             turbines to operate with high proportions of            2108 of this Act and section 376 of the Energy         concerning water performance requirements
                                             hydrogen or other renewable gas fuels;                  Policy and Conservation Act,’’.                        for fiscal years 2031 through 2040.’’;




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                                             S1530                                             CONGRESSIONAL RECORD — SENATE                                                           March 5, 2020
                                                (3) in subsection (b)—                                 (A) in paragraph (1)—                                great as the energy savings target under sub-
                                                (A) in the subsection heading, by inserting            (i) by redesignating subparagraphs (E), (F),         clause (I).
                                             ‘‘AND WATER’’ after ‘‘ENERGY’’; and                     and (G) as subparagraphs (F), (G), and (H),               ‘‘(4) IMPLEMENTATION OF IDENTIFIED ENERGY
                                                (B) by striking paragraphs (1) and (2) and           respectively; and                                      AND WATER EFFICIENCY MEASURES.—
                                             inserting the following:                                  (ii) by inserting after subparagraph (D) the            ‘‘(A) IN GENERAL.—Not later than 2 years
                                                ‘‘(1) IN GENERAL.—Each agency shall—                 following:                                             after the date of completion of each evalua-
                                                ‘‘(A) not later than October 1, 2022, to the           ‘‘(E) ONGOING COMMISSIONING.—The term                tion under paragraph (3), each energy man-
                                             maximum extent practicable, begin install-              ‘ongoing commissioning’ means an ongoing               ager shall implement any energy- or water-
                                             ing in Federal buildings owned by the United            process of commissioning using monitored               saving measure that—
                                             States all energy and water conservation                data, the primary goal of which is to ensure              ‘‘(i) the Federal agency identified in the
                                             measures determined by the Secretary to be              continuous optimum performance of a facil-             evaluation; and
                                             life cycle cost-effective (as defined in sub-           ity, in accordance with design or operating               ‘‘(ii) is life cycle cost-effective, as deter-
                                             section (f)(1)); and                                    needs, over the useful life of the facility,           mined by evaluating an individual measure
                                                ‘‘(B) complete the installation described in         while meeting facility occupancy require-              or a bundle of measures with varying pay-
                                             subparagraph (A) as soon as practicable after           ments.’’;                                              backs.
                                             the date referred to in that subparagraph.                (B) in paragraph (2)—                                   ‘‘(B) PERFORMANCE CONTRACTING.—Each
                                                ‘‘(2) EXPLANATION OF NONCOMPLIANCE.—                   (i) in subparagraph (A), by inserting ‘‘and          Federal agency shall use performance con-
                                                ‘‘(A) IN GENERAL.—If an agency fails to              water’’ before ‘‘use’’;                                tracting to address at least 50 percent of the
                                             comply with paragraph (1), the agency shall                                                                    measures identified under subparagraph
                                                                                                       (ii) in subparagraph (B)—
                                             submit to the Secretary, using guidelines de-                                                                  (A)(i).’’;
                                                                                                       (I) by striking ‘‘energy’’ before ‘‘effi-
                                             veloped by the Secretary, an explanation of                                                                       (D) in paragraph (7)(B)(ii)(II), by inserting
                                                                                                     ciency’’; and
                                             the reasons for the failure.                                                                                   ‘‘and water’’ after ‘‘energy’’; and
                                                                                                       (II) by inserting ‘‘or water’’ before ‘‘use’’;
                                                ‘‘(B) REPORT TO CONGRESS.—Not later than                                                                       (E) in paragraph (9)(A), in the matter pre-
                                                                                                     and
                                             October 1, 2021, and every 2 years thereafter,                                                                 ceding clause (i), by inserting ‘‘and water’’
                                                                                                       (iii) by adding at the end the following:
                                             the Secretary shall submit to Congress a re-                                                                   after ‘‘energy’’.
                                                                                                       ‘‘(C) ENERGY MANAGEMENT SYSTEM.—An en-                  (b) CONFORMING AMENDMENT.—The table of
                                             port that describes any noncompliance by an
                                             agency with the requirements of paragraph               ergy manager designated for a facility under           contents for the National Energy Conserva-
                                             (1).’’;                                                 subparagraph (A) shall take into consider-             tion Policy Act (Public Law 95–619; 92 Stat.
                                                (4) in subsection (c)(1)—                            ation—                                                 3206) is amended by striking the item relat-
                                                (A) in subparagraph (A)—                               ‘‘(i) the use of a system to manage energy           ing to section 543 and inserting the fol-
                                                (i) in the matter preceding clause (i), by           and water use at the facility; and                     lowing:
                                             striking ‘‘An agency’’ and inserting ‘‘The                ‘‘(ii) the applicability of the certification        ‘‘Sec. 543. Energy and water management re-
                                             head of each agency’’; and                              of the facility in accordance with the Inter-                           quirements.’’.
                                                (ii) by inserting ‘‘or water’’ after ‘‘energy’’      national Organization for Standardization              SEC. 1032. FEDERAL ENERGY MANAGEMENT PRO-
                                             each place it appears; and                              standard numbered 50001 and entitled ‘En-                           GRAM.
                                                (B) in subparagraph (B)(i), by inserting ‘‘or        ergy Management Systems’.’’;                             Section 543 of the National Energy Con-
                                             water’’ after ‘‘energy’’;                                 (C) by striking paragraphs (3) and (4) and           servation Policy Act (42 U.S.C. 8253) is
                                                (5) in subsection (d)(2), by inserting ‘‘and         inserting the following:                               amended by adding at the end the following:
                                             water’’ after ‘‘energy’’;                                 ‘‘(3) ENERGY AND WATER EVALUATIONS AND                 ‘‘(h) FEDERAL ENERGY MANAGEMENT PRO-
                                                (6) in subsection (e)—                               COMMISSIONING.—                                        GRAM.—
                                                (A) in the subsection heading, by inserting            ‘‘(A) EVALUATIONS.—Except as provided in               ‘‘(1) IN GENERAL.—The Secretary shall
                                             ‘‘and Water’’ after ‘‘Energy’’;                         subparagraph (B), not later than the date              carry out a program, to be known as the
                                                (B) in paragraph (1)—                                that is 180 days after the date of enactment           ‘Federal Energy Management Program’ (re-
                                                (i) in the first sentence—                           of the American Energy Innovation Act of               ferred to in this subsection as the ‘Pro-
                                                (I) by striking ‘‘October 1, 2012’’ and insert-      2020, and annually thereafter, each energy             gram’), to facilitate the implementation by
                                             ing ‘‘October 1, 2022’’;                                manager shall complete, for the preceding              the Federal Government of cost-effective en-
                                                (II) by inserting ‘‘and water’’ after ‘‘en-          calendar year, a comprehensive energy and              ergy and water management and energy-re-
                                             ergy’’; and                                             water evaluation and recommissioning or                lated investment practices—
                                                (III) by inserting ‘‘and water’’ after ‘‘elec-       retrocommissioning for approximately 25                  ‘‘(A) to coordinate and strengthen Federal
                                             tricity’’;                                              percent of the facilities of the applicable            energy and water resilience; and
                                                (ii) in the second sentence, by inserting            agency that meet the criteria under para-                ‘‘(B) to promote environmental steward-
                                             ‘‘and water’’ after ‘‘electricity’’; and                graph (2)(B) in a manner that ensures that an          ship.
                                                (iii) in the fourth sentence, by inserting           evaluation of each facility is completed not             ‘‘(2) PROGRAM ACTIVITIES.—
                                             ‘‘and water’’ after ‘‘energy’’;                         less frequently than once every 4 years.                 ‘‘(A) STRATEGIC PLANNING AND TECHNICAL
                                                (C) in paragraph (2)—                                  ‘‘(B) EXCEPTIONS.—An evaluation and re-              ASSISTANCE.—Under the Program, the Fed-
                                                (i) in subparagraph (A)—                             commissioning or retrocommissioning shall              eral Director appointed under paragraph
                                                (I) by striking ‘‘and’’ before ‘‘Federal’’; and      not be required under subparagraph (A) with            (3)(A) (referred to in this subsection as the
                                                (II) by inserting ‘‘and any other person the         respect to a facility that, as of the date on          ‘Federal Director’) shall—
                                             Secretary deems necessary,’’ before ‘‘shall’’;          which the evaluation and recommissioning                 ‘‘(i) provide technical assistance and
                                                (ii) in subparagraph (B)—                            or retrocommissioning would occur—                     project implementation support and guid-
                                                (I) in clause (i)(II), by inserting ‘‘and              ‘‘(i) has had a comprehensive energy and             ance to Federal agencies to identify, imple-
                                             water’’ after ‘‘energy’’ each place it appears;         water evaluation during the preceding 8-year           ment, procure, and track energy and water
                                                (II) in clause (ii), by inserting ‘‘and water’’      period;                                                conservation measures required under this
                                             after ‘‘energy’’; and                                     ‘‘(ii)(I) has been commissioned, recommis-           Act and under other provisions of law (in-
                                                (III) in clause (iv), by inserting ‘‘and             sioned, or retrocommissioned during the pre-           cluding regulations);
                                             water’’ after ‘‘energy’’; and                           ceding 10-year period; or                                ‘‘(ii) in coordination with the Adminis-
                                                (iii) by adding at the end the following:              ‘‘(II) is under ongoing commissioning, re-           trator of the General Services Administra-
                                                ‘‘(C) UPDATE.—Not later than 180 days after          commissioning, or retrocomissioning;                   tion, establish appropriate procedures, meth-
                                             the date of enactment of this subparagraph,               ‘‘(iii) has not had a major change in func-          ods, and best practices for use by Federal
                                             the Secretary shall update the guidelines es-           tion or use since the previous evaluation and          agencies to select, monitor, and terminate
                                             tablished under subparagraph (A) to take                recommissioning or retrocommissioning;                 contracts entered into under section 546 with
                                             into account water efficiency requirements                ‘‘(iv) has been benchmarked with public              utilities;
                                             under this section.’’;                                  disclosure under paragraph (8) during the                ‘‘(iii) in coordination with the Federal Ac-
                                                (D) in paragraph (3), in the matter pre-             preceding calendar year; and                           quisition Regulatory Council, establish ap-
                                             ceding subparagraph (A), by striking ‘‘estab-             ‘‘(v)(I) based on the benchmarking de-               propriate procedures, methods, and best
                                             lished under paragraph (2)’’ and inserting              scribed in clause (iv), has achieved at a facil-       practices for use by Federal agencies to se-
                                             ‘‘updated under paragraph (2)(C)’’; and                 ity level the most recent cumulative energy            lect, monitor, and terminate contracts en-
                                                (E) in paragraph (4)—                                savings target under subsection (a) compared           tered into under section 801 with energy
                                                (i) in subparagraph (A)—                             to the earlier of—                                     service contractors and utilities;
                                                (I) by striking ‘‘this paragraph’’ and insert-         ‘‘(aa) the date of the most recent evalua-             ‘‘(iv) establish and maintain internet-based
                                             ing ‘‘the American Energy Innovation Act of             tion; or                                               information resources and project tracking




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                                             2020’’; and                                               ‘‘(bb) the date—                                     systems and tools for energy and water man-
                                                (II) by inserting ‘‘and water’’ before ‘‘use           ‘‘(AA) of the most recent commissioning,             agement;
                                             in’’; and                                               recommissioning, or retrocommissioning; or               ‘‘(v) coordinate comprehensive and stra-
                                                (ii) in subparagraph (B)(ii), in the matter            ‘‘(BB) on which ongoing commissioning                tegic approaches to energy and water resil-
                                             preceding clause (I), by inserting ‘‘and                began; or                                              ience planning for Federal agencies; and
                                             water’’ after ‘‘energy’’; and                             ‘‘(II) has a long-term contract in place               ‘‘(vi) establish a recognition program for
                                                (7) in subsection (f)—                               guaranteeing energy savings at least as                Federal achievement in energy and water




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                          S1531
                                             management,        energy-related    investment           ‘‘(II) facility operations and maintenance;            (c) AUTHORITY TO ENTER INTO CONTRACTS.—
                                             practices, environmental stewardship, and               and                                                    Section 801(a)(2)(F) of the National Energy
                                             other relevant areas, through events such as              ‘‘(iv) in coordination with the Adminis-             Conservation       Policy    Act    (42   U.S.C.
                                             individual recognition award ceremonies and             trator of the General Services Administra-             8287(a)(2)(F)) is amended—
                                             public announcements.                                   tion, in meeting statutory and agency goals              (1) in clause (i), by striking ‘‘or’’ at the
                                               ‘‘(B) ENERGY AND WATER MANAGEMENT AND                 for Federal fleet vehicles.                            end;
                                             REPORTING.—Under the Program, the Federal                 ‘‘(3) FEDERAL DIRECTOR.—                               (2) in clause (ii), by striking the period at
                                             Director shall—                                           ‘‘(A) APPOINTMENT.—The Secretary shall               the end and inserting ‘‘; or’’; and
                                               ‘‘(i) track and report on the progress of             appoint an individual to serve as Federal Di-            (3) by adding at the end the following:
                                             Federal agencies in meeting the require-                rector of the Program, which shall be a ca-              ‘‘(iii) limit the recognition of operation
                                             ments of the agency under this section;                 reer position in the Senior Executive service,         and maintenance savings associated with
                                               ‘‘(ii) make publicly available annual Fed-            to manage the Program and carry out the                systems modernized or replaced with the im-
                                             eral agency performance data required                   activities of the Program described in para-           plementation of energy conservation meas-
                                             under—                                                  graph (2).                                             ures, water conservation measures, or any
                                               ‘‘(I) this section and sections 544 through             ‘‘(B) DUTIES.—The Federal Director shall—            combination of energy conservation meas-
                                             548; and                                                  ‘‘(i) oversee, manage, and administer the            ures and water conservation measures.’’.
                                               ‘‘(II) section 203 of the Energy Policy Act           Program;                                                 (d) MISCELLANEOUS AUTHORITY; EXCLUDED
                                             of 2005 (42 U.S.C. 15852);                                ‘‘(ii) provide leadership in energy and              CONTRACTS.—Section 801(a)(2) of the Na-
                                               ‘‘(iii)(I) collect energy and water use and           water management, energy-related invest-               tional Energy Conservation Policy Act (42
                                             consumption data from each Federal agency;              ment practices, and environmental steward-             U.S.C. 8287(a)(2)) is amended by adding at the
                                             and                                                     ship through coordination with Federal                 end the following:
                                               ‘‘(II) based on that data, submit to each             agencies and other appropriate entities; and             ‘‘(H) MISCELLANEOUS AUTHORITY.—Notwith-
                                             Federal agency a report that will facilitate              ‘‘(iii) establish a management council to            standing subtitle I of title 40, United States
                                             the energy and water management, energy-                advise the Federal Director that shall—
                                             related investment practices, and environ-                                                                     Code, a Federal agency may accept, retain,
                                                                                                       ‘‘(I) convene not less frequently than once          sell, or transfer, and apply the proceeds of
                                             mental stewardship of the agency in support             every quarter; and
                                             of Federal goals under this Act and under                                                                      the sale or transfer of, any energy and water
                                                                                                       ‘‘(II) consist of representatives from—              incentive, rebate, grid services revenue, or
                                             other provisions of law (including regula-                ‘‘(aa) the Council on Environmental Qual-
                                             tions);                                                                                                        credit (including a renewable energy certifi-
                                                                                                     ity;                                                   cate) to fund a contract under this title.
                                               ‘‘(iv)(I) establish new Federal building en-            ‘‘(bb) the Office of Management and Budg-
                                             ergy efficiency standards; and                                                                                   ‘‘(I) EXCLUDED CONTRACTS.—A contract en-
                                                                                                     et; and                                                tered into under this title may not be for
                                               ‘‘(II) in consultation with the Adminis-                ‘‘(cc) the Office of Federal High-Perform-
                                             trator of the General Services Administra-                                                                     work performed—
                                                                                                     ance Green Buildings in the General Services             ‘‘(i) at a Federal hydroelectric facility that
                                             tion, acting through the head of the Office of          Administration.
                                             High-Performance Green Buildings, establish                                                                    provides power marketed by a Power Mar-
                                                                                                       ‘‘(4) SAVINGS CLAUSE.—Nothing in this sub-           keting Administration; or
                                             and implement Federal building sustainable              section impedes, supersedes, or alters the au-
                                             design principles for Federal facilities;                                                                        ‘‘(ii) at a hydroelectric facility owned and
                                                                                                     thority of the Secretary to carry out the re-          operated by the Tennessee Valley Authority
                                               ‘‘(v) manage the implementation of Fed-
                                                                                                     mainder of this section or section 305 of the          established under the Tennessee Valley Au-
                                             eral building energy efficiency standards es-
                                                                                                     Energy Conservation and Production Act (42             thority Act of 1933 (16 U.S.C. 831 et seq.).’’.
                                             tablished under section 305 of the Energy
                                                                                                     U.S.C. 6834).
                                             Conservation and Production Act (42 U.S.C.                                                                       (e) PAYMENT OF COSTS.—Section 802 of the
                                                                                                       ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—
                                             6834); and                                                                                                     National Energy Conservation Policy Act (42
                                                                                                     There is authorized to be appropriated to the
                                               ‘‘(vi) designate products that meet the                                                                      U.S.C. 8287a) is amended by striking ‘‘(and
                                                                                                     Secretary to carry out this subsection
                                             highest energy conservation standards for                                                                      related operation and maintenance ex-
                                                                                                     $36,000,000 for each of fiscal years 2021
                                             categories not covered under the Energy                                                                        penses)’’ and inserting ‘‘, including related
                                                                                                     through 2031.’’.
                                             Star program established under section 324A                                                                    operations and maintenance expenses’’.
                                             of the Energy Policy and Conservation Act               SEC. 1033. USE OF ENERGY AND WATER EFFI-
                                                                                                                 CIENCY MEASURES IN FEDERAL                   (f) DEFINITION OF ENERGY SAVINGS.—Sec-
                                             (42 U.S.C. 6294a).                                                                                             tion 804(2) of the National Energy Conserva-
                                                                                                                 BUILDINGS.
                                               ‘‘(C) FEDERAL POLICY COORDINATION.—Under                                                                     tion Policy Act (42 U.S.C. 8287c(2)) is amend-
                                             the Program, the Federal Director shall—                   (a) REPORTS.—Section 548(b) of the Na-
                                                                                                     tional Energy Conservation Policy Act (42              ed—
                                               ‘‘(i) develop and implement accredited
                                                                                                     U.S.C. 8258(b)) is amended—                              (1) in subparagraph (A), by striking ‘‘feder-
                                             training consistent with existing Federal
                                                                                                        (1) in paragraph (3), by striking ‘‘and’’ at        ally owned building or buildings or other fed-
                                             programs and activities—
                                                                                                     the end;                                               erally owned facilities’’ and inserting ‘‘Fed-
                                               ‘‘(I) relating to energy and water use, man-
                                                                                                        (2) in paragraph (4), by striking the period        eral building (as defined in section 551)’’ each
                                             agement, and resilience in Federal buildings,
                                                                                                     at the end and inserting ‘‘; and’’; and                place it appears;
                                             energy-related investment practices, and en-
                                                                                                        (3) by adding at the end the following:               (2) in subparagraph (C), by striking ‘‘; and’’
                                             vironmental stewardship; and
                                                                                                        ‘‘(5)(A) the status of the energy savings           and inserting a semicolon;
                                               ‘‘(II) that includes in-person training,
                                                                                                     performance contracts and utility energy                 (3) in subparagraph (D), by striking the pe-
                                             internet-based programs, and national in-
                                             person training events;                                 service contracts of each agency, to the ex-           riod at the end and inserting a semicolon;
                                               ‘‘(ii) coordinate and facilitate energy and           tent that the information is not duplicative           and
                                             water management, energy-related invest-                of information provided to the Secretary                 (4) by adding at the end the following:
                                             ment practices, and environmental steward-              under a separate authority;                              ‘‘(E) the use, sale, or transfer of any energy
                                             ship through the Interagency Energy Man-                   ‘‘(B) the quantity and investment value of          and water incentive, rebate, grid services
                                             agement Task Force established under sec-               the contracts for the previous year;                   revenue, or credit (including a renewable en-
                                             tion 547; and                                              ‘‘(C) the guaranteed energy savings, or for         ergy certificate); and
                                               ‘‘(iii) report on the implementation of the           contracts without a guarantee, the esti-                 ‘‘(F) any revenue generated from a reduc-
                                             priorities of the President, including Execu-           mated energy savings, for the previous year,           tion in energy or water use, more efficient
                                             tive orders, relating to energy and water use           as compared to the measured energy savings             waste recycling, or additional energy gen-
                                             in Federal buildings, in coordination with—             for the previous year;                                 erated from more efficient equipment.’’.
                                               ‘‘(I) the Office of Management and Budget;               ‘‘(D) a forecast of the estimated quantity          SEC. 1034. FEDERAL BUILDING ENERGY EFFI-
                                               ‘‘(II) the Council on Environmental Qual-             and investment value of contracts antici-                         CIENCY PERFORMANCE STANDARDS;
                                             ity; and                                                pated in the following year for each agency;                      CERTIFICATION SYSTEM AND LEVEL
                                                                                                     and                                                               FOR GREEN BUILDINGS.
                                               ‘‘(III) any other entity, as considered nec-
                                             essary by the Federal Director.                            ‘‘(E)(i) a comparison of the information de-          (a) DEFINITIONS.—Section 303 of the Energy
                                               ‘‘(D) FACILITY AND FLEET OPTIMIZATION.—               scribed in subparagraph (B) and the forecast           Conservation and Production Act (42 U.S.C.
                                             Under the Program, the Federal Director                 described in subparagraph (D) in the report            6832) is amended—
                                             shall develop guidance, supply assistance to,           of the previous year; and                                (1) in each of paragraphs (1) through (16),
                                             and track the progress of Federal agencies—                ‘‘(ii) if applicable, the reasons for any dif-      by inserting a paragraph heading, the text of
                                               ‘‘(i) in conducting portfolio-wide facility           ferences in the data compared under clause             which is comprised of the term defined in
                                             energy and water resilience planning and                (i).’’.                                                that paragraph;




dlhill on DSKBBY8HB2PROD with SENATE
                                             project integration;                                       (b) DEFINITION OF ENERGY CONSERVATION                 (2) by redesignating paragraphs (2) through
                                               ‘‘(ii) in building new construction and               MEASURES.—Section 551(4) of the National               (16) as paragraphs (3), (4), (6), (7), (8), (10),
                                             major renovations to meet the sustainable               Energy Conservation Policy Act (42 U.S.C.              (12), (13), (14), (15), (16), (9), (17), (5), and (2),
                                             design and energy and water performance                 8259(4)) is amended by striking ‘‘or retrofit          respectively, and moving the paragraphs so
                                             standards required under this section;                  activities’’ and inserting ‘‘retrofit activities,      as to appear in numerical order; and
                                               ‘‘(iii) in developing guidelines for—                 or energy consuming devices and required                 (3) by inserting after paragraph (10) (as so
                                               ‘‘(I) building commissioning; and                     support structures’’.                                  redesignated) the following:




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                                             S1532                                             CONGRESSIONAL RECORD — SENATE                                                           March 5, 2020
                                               ‘‘(11) MAJOR RENOVATION.—The term ‘major                ‘‘(ii) EXCEPTION.—Clause (i)(I) shall not               ‘‘(IV) an evaluation of the robustness of
                                             renovation’ means a modification of the en-             apply to the unaltered portions of Federal             the criteria for a high-performance green
                                             ergy systems of a building that is suffi-               buildings and systems that have undergone              building, which shall give credit for pro-
                                             ciently extensive to ensure that the entire             major renovations.                                     moting—
                                             building can achieve compliance with appli-               ‘‘(B) UPDATES.—Not later than 1 year after              ‘‘(aa) efficient and sustainable use of
                                             cable energy standards for new buildings, as            the date of approval of each subsequent revi-          water, energy, and other natural resources;
                                             established by the Secretary.’’.                        sion of the ASHRAE Standard or the Inter-                 ‘‘(bb) use of renewable energy sources;
                                               (b) FEDERAL BUILDING EFFICIENCY STAND-                national Energy Conservation Code, as ap-                 ‘‘(cc) improved indoor environmental qual-
                                             ARDS.—Section 305 of the Energy Conserva-               propriate, the Secretary shall determine               ity through enhanced indoor air quality,
                                             tion and Production Act (42 U.S.C. 6834) is             whether the revised standards established              thermal comfort, acoustics, day lighting,
                                             amended—                                                under subclauses (I) and (II) of subparagraph          pollutant source control, and use of low-
                                               (1) in subsection (a)—                                (A)(i) should be updated to reflect the revi-          emission materials and building system con-
                                               (A) in paragraph (2)(A), by striking ‘‘the            sions, based on the energy savings and life            trols;
                                             2004 International Energy Conservation Code                                                                       ‘‘(dd)(AA) the sourcing of grown, har-
                                                                                                     cycle cost-effectiveness of the revisions.’’;
                                             (in the case of residential buildings) or                                                                      vested, or mined materials; and
                                                                                                       (ii) in subparagraph (C)—
                                             ASHRAE Standard 90.1–2004 (in the case of                                                                         ‘‘(BB)     certifications    of    responsible
                                                                                                       (I) by striking ‘‘(C) In the budget request’’
                                             commercial buildings)’’ and inserting ‘‘the                                                                    sourcing, such as certifications provided by
                                                                                                     and inserting the following:
                                             most recently published edition of the Inter-                                                                  the Forest Stewardship Council, the Sustain-
                                                                                                       ‘‘(C) BUDGET REQUEST.—In the budget re-
                                             national Energy Conservation Code (in the                                                                      able Forestry Initiative, the American Tree
                                             case of residential buildings) or ASHRAE                quest’’; and
                                                                                                                                                            Farm System, or the Programme for the En-
                                             Standard 90.1 (in the case of commercial                  (II) by indenting clauses (i) and (ii) appro-
                                                                                                                                                            dorsement of Forest Certification; and
                                             buildings) on the date of enactment of the              priately; and
                                                                                                                                                               ‘‘(ee) such other criteria as the Secretary
                                             American Energy Innovation Act of 2020’’;                 (iii) by striking subparagraph (D) and in-
                                                                                                                                                            determines to be appropriate; and
                                             and                                                     serting the following:
                                                                                                                                                               ‘‘(V) national recognition within the build-
                                               (B) in paragraph (3)—                                   ‘‘(D) CERTIFICATION FOR GREEN BUILDINGS.—
                                                                                                                                                            ing industry.
                                               (i) by striking ‘‘(3)(A) Not later than’’ and           ‘‘(i) SUSTAINABLE DESIGN PRINCIPLES.—Sus-
                                                                                                                                                               ‘‘(vi) REVIEW.—The Secretary, in consulta-
                                             all that follows through subparagraph (B)               tainable design principles shall be applied to         tion with the Administrator of General Serv-
                                             and inserting the following:                            the siting, design, and construction of build-         ices and the Secretary of Defense, shall con-
                                               ‘‘(3) REVISED FEDERAL BUILDING ENERGY EF-             ings covered by this subparagraph.                     duct an ongoing review to evaluate and com-
                                             FICIENCY PERFORMANCE STANDARDS; CERTIFI-                  ‘‘(ii) SELECTION OF CERTIFICATION SYS-               pare private sector green building certifi-
                                             CATION FOR GREEN BUILDINGS.—                            TEMS.—The Secretary, after reviewing the
                                                                                                                                                            cation systems, taking into account—
                                               ‘‘(A) REVISED FEDERAL BUILDING ENERGY EF-             findings of the Federal Director under sec-               ‘‘(I) the criteria described in clause (v); and
                                             FICIENCY PERFORMANCE STANDARDS.—                        tion 436(h) of the Energy Independence and                ‘‘(II) the identification made by the Fed-
                                               ‘‘(i) IN GENERAL.—Not later than 1 year               Security Act of 2007 (42 U.S.C. 17092(h)), in          eral Director under section 436(h) of the En-
                                             after the date of enactment of the American             consultation with the Administrator of Gen-            ergy Independence and Security Act of 2007
                                             Energy Innovation Act of 2020, the Secretary            eral Services, and in consultation with the            (42 U.S.C. 17092(h)).
                                             shall establish, by regulation, revised Fed-            Secretary of Defense relating to those facili-            ‘‘(vii) EXCLUSIONS.—
                                             eral building energy efficiency performance             ties under the custody and control of the De-             ‘‘(I) IN GENERAL.—Subject to subclause (II),
                                             standards that require that—                            partment of Defense, shall determine those             if a certification system fails to meet the re-
                                               ‘‘(I) subject to clause (ii), new Federal             certification systems for green commercial             view requirements of clause (v), the Sec-
                                             buildings and Federal buildings with major              and residential buildings that the Secretary           retary shall—
                                             renovations—                                            determines to be the most likely to encour-               ‘‘(aa) identify the portions of the system,
                                               ‘‘(aa) meet or exceed the most recently               age a comprehensive and environmentally                whether prerequisites, credits, points, or
                                             published version of the International En-              sound approach to certification of green               otherwise, that meet the review criteria of
                                             ergy Conservation Code (in the case of resi-            buildings.                                             clause (v);
                                             dential buildings) or ASHRAE Standard 90.1                ‘‘(iii) BASIS FOR SELECTION.—The deter-                 ‘‘(bb) determine the portions of the system
                                             (in the case of commercial buildings) as of             mination of the certification systems under            that are suitable for use; and
                                             the date of enactment of the American En-               clause (ii) shall be based on ongoing review              ‘‘(cc) exclude all other portions of the sys-
                                             ergy Innovation Act of 2020; and                        of the findings of the Federal Director under          tem from identification and use.
                                               ‘‘(bb) meet or exceed the energy provisions           section 436(h) of the Energy Independence                 ‘‘(II) ENTIRE SYSTEMS.—The Secretary shall
                                             of the State and local building codes applica-          and Security Act of 2007 (42 U.S.C. 17092(h))          exclude an entire system from use if an ex-
                                             ble to the building if the codes are more               and the criteria described in clause (v).              clusion under subclause (I)—
                                             stringent than the most recently published                ‘‘(iv) ADMINISTRATION.—In determining cer-              ‘‘(aa) impedes the integrated use of the
                                             version of the International Energy Con-                tification systems under this subparagraph,            system;
                                             servation Code or ASHRAE Standard 90.1 as               the Secretary shall—                                      ‘‘(bb) creates disparate review criteria or
                                             of the date of enactment of the American                  ‘‘(I) make a separate determination for all          unequal point access for competing mate-
                                             Energy Innovation Act of 2020, as applicable;           or part of each system; and                            rials; or
                                               ‘‘(II) unless demonstrated not to be life               ‘‘(II) confirm that the criteria used to sup-           ‘‘(cc) increases agency costs of the use.
                                             cycle cost-effective for new Federal buildings          port the selection of building products, ma-              ‘‘(viii) INTERNAL CERTIFICATION PROC-
                                             and Federal buildings with major renova-                terials, brands, and technologies—                     ESSES.—The Secretary may by rule allow
                                             tions—                                                    ‘‘(aa) are based on relevant technical data;         Federal agencies to develop internal certifi-
                                               ‘‘(aa) the buildings shall be designed to               ‘‘(bb) use and reward evaluation of health,          cation processes, using certified profes-
                                             achieve energy consumption levels that are              safety, and environmental risks and impacts            sionals, in lieu of certification by certifi-
                                             not less than 30 percent below the levels es-           across the lifecycle of the building product,          cation entities identified under clause (ii).
                                             tablished in the most recently published                material, brand, or technology, including                 ‘‘(ix) PRIVATIZED MILITARY HOUSING.—With
                                             version of the International Energy Con-                methodologies generally accepted by the ap-            respect to privatized military housing, the
                                             servation Code or the ASHRAE Standard, as               plicable scientific disciplines;                       Secretary of Defense, after consultation with
                                             of the date of enactment of the American                  ‘‘(cc) as practicable, give preference to per-       the Secretary may, through rulemaking, de-
                                             Energy Innovation Act of 2020, as appro-                formance standards instead of prescriptive             velop alternative certification systems and
                                             priate, unless the Secretary determines, pur-           measures; and                                          levels than the systems and levels identified
                                             suant to subparagraph (B), that a subsequent              ‘‘(dd) reward continual improvements in              under clause (ii) that achieve an equivalent
                                             version of such a standard or code shall                the lifecycle management of health, safety,            result in terms of energy savings, sustain-
                                             apply; and                                              and environmental risks and impacts.                   able design, and green building performance.
                                               ‘‘(bb) sustainable design principles are ap-            ‘‘(v) CONSIDERATIONS.—In determining the                ‘‘(x) WATER CONSERVATION TECHNOLOGIES.—
                                             plied to the location, siting, design, and con-         green building certification systems under             In addition to any use of water conservation
                                             struction of all new Federal buildings and re-          this subparagraph, the Secretary shall take            technologies otherwise required by this sec-
                                             placement Federal buildings;                            into consideration—                                    tion, water conservation technologies shall
                                               ‘‘(III) if water is used to achieve energy ef-          ‘‘(I) the ability and availability of asses-         be applied to the extent that the tech-
                                             ficiency, water conservation technologies               sors and auditors to independently verify the          nologies are life-cycle cost-effective.
                                             shall be applied to the extent that the tech-           criteria and measurement of metrics at the                ‘‘(xi) EFFECTIVE DATE.—
                                             nologies are life-cycle cost effective; and             scale necessary to implement this subpara-                ‘‘(I) DETERMINATIONS MADE AFTER DECEM-




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                                               ‘‘(IV) if life-cycle cost effective, as com-          graph;                                                 BER 31, 2020.—This subparagraph shall apply
                                             pared to other reasonably available tech-                 ‘‘(II) the ability of the applicable certifi-        to any determination made by a Federal
                                             nologies, not less than 30 percent of the hot           cation organization to collect and reflect             agency after December 31, 2020.
                                             water demand for each new Federal building              public comment;                                           ‘‘(II) DETERMINATIONS MADE ON OR BEFORE
                                             or Federal building undergoing a major ren-               ‘‘(III) the ability of the standard to be de-        DECEMBER 31, 2020.—This subparagraph (as in
                                             ovation be met through the installation and             veloped and revised through a consensus-               effect on the day before the date of enact-
                                             use of solar hot water heaters.                         based process;                                         ment of the American Energy Innovation




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                      S1533
                                             Act of 2020) shall apply to any use of a cer-             ‘‘(3) ADMINISTRATION.—In developing an im-           the Energy Conservation and Production Act
                                             tification system for green commercial and              plementation strategy under paragraph (2),             (42 U.S.C. 6834(a)(3)(D)), which shall—
                                             residential buildings by a Federal agency on            each Federal agency shall consider—                       ‘‘(i) be carried out by the Federal Director
                                             or before December 31, 2020.’’; and                       ‘‘(A) advanced metering infrastructure;              to compare and evaluate standards; and
                                               (2) by striking subsections (c) and (d) and             ‘‘(B) energy efficient data center strategies           ‘‘(ii) allow any developer or administrator
                                             inserting the following:                                and methods of increasing asset and infra-             of a rating system or certification system to
                                               ‘‘(c) PERIODIC REVIEW.—The Secretary                  structure utilization;                                 be included in the review;’’;
                                             shall—                                                    ‘‘(C) advanced power management tools;                  (C) in subparagraph (E)(v), by striking
                                               ‘‘(1) once every 5 years, review the Federal            ‘‘(D) building information modeling, in-             ‘‘and’’ after the semicolon at the end;
                                             building energy standards established under             cluding building energy management;                       (D) in subparagraph (F), by striking the pe-
                                             this section; and                                         ‘‘(E) secure telework and travel substi-             riod at the end and inserting a semicolon;
                                               ‘‘(2) on completion of a review under para-           tution tools; and                                      and
                                             graph (1), if the Secretary determines that               ‘‘(F) mechanisms to ensure that the agency              (E) by adding at the end the following:
                                             significant energy savings would result, up-            realizes the energy cost savings of increased             ‘‘(G) a finding that, for all credits address-
                                             grade the standards to include all new en-              efficiency and utilization.                            ing the sourcing of grown, harvested, or
                                             ergy efficiency and renewable energy meas-                ‘‘(4) PERFORMANCE GOALS.—                            mined materials, the system rewards the use
                                             ures that are technologically feasible and                ‘‘(A) IN GENERAL.—Not later than 180 days            of products that have obtained certifications
                                             economically justified.’’.                              after the date of enactment of the American            of responsible sourcing, such as certifi-
                                                                                                     Energy Innovation Act of 2020, the Director,           cations provided by the Sustainable Forestry
                                               (c) FEDERAL COMPLIANCE.—Section 306 of
                                                                                                     in consultation with the Secretary, shall es-          Initiative, the Forest Stewardship Council,
                                             the Energy Conservation and Production Act
                                                                                                     tablish performance goals for evaluating the           the American Tree Farm System, or the Pro-
                                             (42 U.S.C. 6835) is amended—
                                                                                                     efforts of Federal agencies in improving the           gramme for the Endorsement of Forest Cer-
                                               (1) in subsection (a)—
                                                                                                     maintenance, purchase, and use of energy-ef-           tification; and
                                               (A) in paragraph (1)—
                                                                                                     ficient and energy-saving information tech-               ‘‘(H) a finding that the system incor-
                                               (i) by striking ‘‘(1) The head’’ and inserting
                                                                                                     nology at or for facilities owned and oper-            porates life-cycle assessment as a credit
                                             the following:
                                                                                                     ated by the Federal agencies.                          pathway.’’.
                                               ‘‘(1) IN GENERAL.—The head’’; and
                                                                                                       ‘‘(B) BEST PRACTICES.—The Chief Informa-             SEC. 1037. ENERGY EFFICIENT DATA CENTERS.
                                               (ii) by striking ‘‘assure that new Federal
                                                                                                     tion Officers Council established under sec-              Section 453 of the Energy Independence
                                             buildings’’ and inserting ‘‘ensure that new
                                                                                                     tion 3603 of title 44, United States Code, shall       and Security Act of 2007 (42 U.S.C. 17112) is
                                             Federal buildings and Federal buildings with
                                                                                                     recommend best practices for the attain-               amended—
                                             major renovations’’; and
                                                                                                     ment of the performance goals established                 (1) in subsection (b)—
                                               (B) in paragraph (2)—
                                                                                                     under subparagraph (A), which shall include,              (A) in paragraph (2)(D)(iv), by striking ‘‘de-
                                               (i) by striking the second sentence and in-
                                                                                                     to the extent applicable by law, consider-             termined by the organization’’ and inserting
                                             serting the following:
                                                                                                     ation by a Federal agency of the use of—               ‘‘proposed by the stakeholders’’; and
                                               ‘‘(B) PROCEDURES.—The Architect of the
                                                                                                       ‘‘(i) energy savings performance con-                   (B) by striking paragraph (3); and
                                             Capitol shall adopt procedures necessary to
                                                                                                     tracting; and                                             (2) by striking subsections (c) through (g)
                                             ensure that the buildings referred to in sub-
                                                                                                       ‘‘(ii) utility energy services contracting.          and inserting the following:
                                             paragraph (A) meet or exceed the standards
                                                                                                       ‘‘(5) REPORTS.—                                         ‘‘(c) STAKEHOLDER INVOLVEMENT.—
                                             described in that subparagraph.’’; and
                                                                                                       ‘‘(A) AGENCY REPORTS.—Each Federal agen-                ‘‘(1) IN GENERAL.—The Secretary and the
                                               (ii) in the first sentence—
                                                                                                     cy shall include in the report of the agency           Administrator shall carry out subsection (b)
                                               (I) by inserting ‘‘and Federal buildings
                                                                                                     under section 527 of the Energy Independence           in collaboration with the information tech-
                                             with major renovations’’ after ‘‘new build-
                                                                                                     and Security Act of 2007 (42 U.S.C. 17143) a           nology industry and other key stakeholders,
                                             ings’’; and
                                                                                                     description of the efforts and results of the          with the goal of producing results that accu-
                                               (II) by striking ‘‘(2) The Federal’’ and in-
                                                                                                     agency under this subsection.                          rately reflect the most relevant and useful
                                             serting the following:
                                                                                                       ‘‘(B) OMB GOVERNMENT EFFICIENCY REPORTS              information.
                                               ‘‘(2) APPLICABILITY.—
                                                                                                     AND SCORECARDS.—Effective beginning not                   ‘‘(2) CONSIDERATIONS.—In carrying out the
                                               ‘‘(A) IN GENERAL.—The Federal’’; and
                                                                                                     later than October 1, 2022, the Director shall         collaboration described in paragraph (1), the
                                               (2) in subsection (b)—
                                                                                                     include in the annual report and scorecard of          Secretary and the Administrator shall pay
                                               (A) by striking the subsection heading and
                                                                                                     the Director required under section 528 of the         particular attention to organizations that—
                                             inserting ‘‘EXPENDITURES’’; and
                                                                                                     Energy Independence and Security Act of                   ‘‘(A) have members with expertise in en-
                                               (B) by striking ‘‘new Federal building’’ and
                                                                                                     2007 (42 U.S.C. 17144) a description of the ef-        ergy efficiency and in the development, oper-
                                             all that follows through the period at the
                                                                                                     forts and results of Federal agencies under            ation, and functionality of data centers, in-
                                             end and inserting ‘‘new Federal building or a
                                                                                                     this subsection.                                       formation technology equipment, and soft-
                                             Federal building with major renovations.’’.
                                                                                                       ‘‘(C) USE OF EXISTING REPORTING STRUC-               ware, including representatives of hardware
                                             SEC. 1035. ENERGY-EFFICIENT AND ENERGY-SAV-             TURES.—The Director may require Federal
                                                         ING INFORMATION TECHNOLOGIES.
                                                                                                                                                            manufacturers, data center operators, and
                                                                                                     agencies to submit any information required            facility managers;
                                               Section 543 of the National Energy Con-               to be submitted under this subsection                     ‘‘(B) obtain and address input from the Na-
                                             servation Policy Act (42 U.S.C. 8253) (as               though reporting structures in use as of the           tional Laboratories (as that term is defined
                                             amended by section 1032) is amended by add-             date of enactment of the American Energy               in section 2 of the Energy Policy Act of 2005
                                             ing at the end the following:                           Innovation Act of 2020.’’.                             (42 U.S.C. 15801)) or any institution of higher
                                               ‘‘(i) FEDERAL IMPLEMENTATION STRATEGY                 SEC. 1036. HIGH-PERFORMANCE GREEN FEDERAL              education, research institution, industry as-
                                             FOR ENERGY-EFFICIENT AND ENERGY-SAVING                               BUILDINGS.                                sociation, company, or public interest group
                                             INFORMATION TECHNOLOGIES.—                                 Section 436(h) of the Energy Independence           with applicable expertise;
                                               ‘‘(1) DEFINITIONS.—In this subsection:                and Security Act of 2007 (42 U.S.C. 17092(h)) is          ‘‘(C) follow—
                                               ‘‘(A) DIRECTOR.—The term ‘Director’ means             amended—                                                  ‘‘(i) commonly accepted procedures for the
                                             the Director of the Office of Management                   (1) in the subsection heading, by striking          development of specifications; and
                                             and Budget.                                             ‘‘SYSTEM’’ and inserting ‘‘SYSTEMS’’;                     ‘‘(ii) accredited standards development
                                               ‘‘(B) INFORMATION TECHNOLOGY.—The term                   (2) by striking paragraph (1) and inserting         processes; or
                                             ‘information technology’ has the meaning                the following:                                            ‘‘(D) have a mission to promote energy effi-
                                             given that term in section 11101 of title 40,              ‘‘(1) IN GENERAL.—Based on an ongoing re-           ciency for data centers and information
                                             United States Code.                                     view, the Federal Director shall identify and          technology.
                                               ‘‘(2) DEVELOPMENT OF IMPLEMENTATION                   shall provide to the Secretary pursuant to                ‘‘(d) MEASUREMENTS AND SPECIFICATIONS.—
                                             STRATEGY.—Not later than 1 year after the               section 305(a)(3)(D) of the Energy Conserva-           The Secretary and the Administrator shall
                                             date of enactment of the American Energy                tion and Production Act (42 U.S.C.                     consider and assess the adequacy of the spec-
                                             Innovation Act of 2020, each Federal agency             6834(a)(3)(D)) a list of those certification sys-      ifications, measurements, best practices, and
                                             shall coordinate with the Director, the Sec-            tems that the Director identifies as the most          benchmarks described in subsection (b) for
                                             retary, and the Administrator of the Envi-              likely to encourage a comprehensive and en-            use by the Federal Energy Management Pro-
                                             ronmental Protection Agency to develop an               vironmentally sound approach to certifi-               gram, the Energy Star Program, and other
                                             implementation strategy (including best-                cation of green buildings.’’; and                      efficiency programs of the Department of
                                             practices and measurement and verification                 (3) in paragraph (2)—                               Energy or the Environmental Protection




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                                             techniques) for the maintenance, purchase,                 (A) in the matter preceding subparagraph            Agency.
                                             and use by the Federal agency of energy-effi-           (A), by striking ‘‘system’’ and inserting                 ‘‘(e) STUDY.—
                                             cient and energy-saving information tech-               ‘‘systems’’;                                              ‘‘(1) DEFINITION OF REPORT.—In this sub-
                                             nologies at or for facilities owned and oper-              (B) by striking subparagraph (A) and in-            section, the term ‘report’ means the report
                                             ated by the Federal agency, taking into con-            serting the following:                                 of the Lawrence Berkeley National Labora-
                                             sideration the performance goals established               ‘‘(A) an ongoing review provided to the             tory entitled ‘United States Data Center En-
                                             under paragraph (4).                                    Secretary pursuant to section 305(a)(3)(D) of          ergy Usage Report’ and dated June 2016,




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                                             S1534                                             CONGRESSIONAL RECORD — SENATE                                                           March 5, 2020
                                             which was prepared as an update to the ‘Re-               ‘‘(1) IN GENERAL.—Subject to paragraph (2),          qualified entities for the purchase or instal-
                                             port to Congress on Server and Data Center              not later than 180 days after the date of en-          lation of a qualified extended product sys-
                                             Energy Efficiency’, published on August 2,              actment of this subsection, the Adminis-               tem.
                                             2007, pursuant to section 1 of Public Law 109–          trator shall revise the certification require-           (c) QUALIFIED ENTITIES.—
                                             431 (120 Stat. 2920).                                   ments for the labeling of consumer, home,                (1) ELIGIBILITY REQUIREMENTS.—A qualified
                                               ‘‘(2) STUDY.—Not later than 4 years after             and office electronic products for program             entity under this section shall be—
                                             the date of enactment of the American En-               partners that have complied with all require-            (A) in the case of a qualified extended
                                             ergy Innovation Act of 2020, the Secretary,             ments of the Energy Star program for a pe-             product system described in subsection
                                             in collaboration with the Administrator,                riod of at least 18 months.                            (a)(4)(A), the purchaser of the qualified ex-
                                             shall make available to the public an update              ‘‘(2) ADMINISTRATION.—In the case of a pro-          tended product that is installed; and
                                             to the report that provides—                            gram partner described in paragraph (1), the             (B) in the case of a qualified extended prod-
                                               ‘‘(A) a comparison and gap analysis of the            new requirements under paragraph (1)—                  uct system described in subsection (a)(4)(B),
                                             estimates and projections contained in the                ‘‘(A) shall not require third-party certifi-         the manufacturer of the commercial or in-
                                             report with new data regarding the period               cation for a product to be listed; but                 dustrial machinery or equipment that incor-
                                             from 2015 through 2019;                                   ‘‘(B) may require that test data and other           porated the extended product system into
                                               ‘‘(B) an analysis considering the impact of           product information be submitted to facili-            that machinery or equipment.
                                             information        technologies,     including          tate product listing and performance                     (2) APPLICATION.—To be eligible to receive
                                             virtualization and cloud computing, in the              verification for a sample of products.                 a rebate under this section, a qualified enti-
                                             public and private sectors;                               ‘‘(3) THIRD PARTIES.—Nothing in this sub-            ty shall submit to the Secretary—
                                               ‘‘(C) an evaluation of the impact of the              section prevents the Administrator from                  (A) an application in such form, at such
                                             combination of cloud platforms, mobile de-              using third parties in the course of the ad-           time, and containing such information as the
                                             vices, social media, and big data on data cen-          ministration of the Energy Star program.               Secretary may require; and
                                             ter energy usage;                                         ‘‘(4) TERMINATION.—                                    (B) a certification that includes dem-
                                               ‘‘(D) an evaluation of water usage in data              ‘‘(A) IN GENERAL.—Subject to subparagraph            onstrated evidence—
                                             centers and recommendations for reductions              (B), an exemption from third-party certifi-              (i) that the entity is a qualified entity; and
                                             in that water usage; and                                cation provided to a program partner under               (ii)(I) in the case of a qualified entity de-
                                               ‘‘(E) updated projections and recommenda-             paragraph (1) shall terminate if the program           scribed in paragraph (1)(A)—
                                             tions for best practices through fiscal year            partner is found to have violated program re-            (aa) that the qualified entity installed the
                                             2025.                                                   quirements with respect to at least 2 sepa-            qualified extended product system during
                                               ‘‘(f) DATA CENTER ENERGY PRACTITIONER                 rate models during a 2-year period.                    the 2 fiscal years following the date of enact-
                                             PROGRAM.—                                                 ‘‘(B) RESUMPTION.—A termination for a                ment of this Act;
                                               ‘‘(1) IN GENERAL.—The Secretary, in col-              program partner under subparagraph (A)                   (bb) that the qualified extended product
                                             laboration with key stakeholders and the Di-            shall cease if the program partner complies            system meets the requirements of subsection
                                             rector of the Office of Management and                  with all Energy Star program requirements              (a)(4)(A); and
                                             Budget, shall maintain a data center energy             for a period of at least 3 years.’’.                     (cc) showing the serial number, manufac-
                                             practitioner program that provides for the              SEC. 1042. EXTENDED PRODUCT SYSTEM REBATE              turer, and model number from the nameplate
                                                                                                                  PROGRAM.                                  of the installed motor of the qualified entity
                                             certification of energy practitioners quali-
                                                                                                       (a) DEFINITIONS.—In this section:                    on which the qualified extended product sys-
                                             fied to evaluate the energy usage and effi-
                                                                                                       (1) ELECTRIC MOTOR.—The term ‘‘electric              tem was installed; or
                                             ciency opportunities in federally owned and
                                                                                                     motor’’ has the meaning given the term in                (II) in the case of a qualified entity de-
                                             operated data centers.
                                                                                                     section 431.12 of title 10, Code of Federal Reg-       scribed in paragraph (1)(B), demonstrated
                                               ‘‘(2) EVALUATIONS.—Each Federal agency
                                                                                                     ulations (as in effect on the date of enact-           evidence—
                                             shall consider having the data centers of the
                                                                                                     ment of this Act).                                       (aa) that the qualified extended product
                                             agency evaluated once every 4 years by en-
                                                                                                        (2) ELECTRONIC CONTROL.—The term ‘‘elec-            system meets the requirements of subsection
                                             ergy practitioners certified pursuant to the
                                                                                                     tronic control’’ means—                                (a)(4)(B); and
                                             program, whenever practicable using cer-
                                                                                                        (A) a power converter; or                             (bb) showing the serial number, manufac-
                                             tified practitioners employed by the agency.
                                                                                                        (B) a combination of a power circuit and            turer, and model number from the nameplate
                                               ‘‘(g) OPEN DATA INITIATIVE.—
                                                                                                     control circuit included on 1 chassis.                 of the installed motor of the qualified entity
                                               ‘‘(1) IN GENERAL.—The Secretary, in col-
                                                                                                        (3) EXTENDED PRODUCT SYSTEM.—The term               with which the extended product system is
                                             laboration with key stakeholders and the Di-
                                                                                                     ‘‘extended product system’’ means an elec-             integrated.
                                             rector of the Office of Management and
                                                                                                     tric motor and any required associated elec-             (d) AUTHORIZED AMOUNT OF REBATE.—
                                             Budget, shall establish an open data initia-
                                                                                                     tronic control and driven load that—                     (1) IN GENERAL.—The Secretary may pro-
                                             tive relating to energy usage at federally
                                                                                                        (A) offers variable speed or multispeed op-         vide to a qualified entity a rebate in an
                                             owned and operated data centers, with the
                                                                                                     eration;                                               amount equal to the product obtained by
                                             purpose of making the data available and ac-
                                                                                                        (B) offers partial load control that reduces        multiplying—
                                             cessible in a manner that encourages further
                                                                                                     input energy requirements (as measured in                (A) an amount equal to the sum of the
                                             data center innovation, optimization, and
                                                                                                     kilowatt-hours) as compared to identified              nameplate rated horsepower of—
                                             consolidation.
                                                                                                     base levels set by the Secretary; and                    (i) the electric motor to which the quali-
                                               ‘‘(2) CONSIDERATION.—In establishing the
                                                                                                        (C)(i) has greater than 1 horsepower; and           fied extended product system is attached;
                                             initiative under paragraph (1), the Secretary
                                                                                                        (ii) uses an extended product system tech-          and
                                             shall consider using the online Data Center
                                                                                                     nology, as determined by the Secretary.                  (ii) the electronic control; and
                                             Maturity Model.
                                                                                                        (4) QUALIFIED EXTENDED PRODUCT SYSTEM.—               (B) $25.
                                               ‘‘(h) INTERNATIONAL SPECIFICATIONS AND
                                                                                                        (A) IN GENERAL.—The term ‘‘qualified ex-              (2) MAXIMUM AGGREGATE AMOUNT.—A quali-
                                             METRICS.—The Secretary, in collaboration
                                                                                                     tended product system’’ means an extended              fied entity shall not be entitled to aggregate
                                             with key stakeholders, shall actively partici-
                                                                                                     product system that—                                   rebates under this section in excess of $25,000
                                             pate in efforts to harmonize global specifica-
                                                                                                        (i) includes an electric motor and an elec-         per calendar year.
                                             tions and metrics for data center energy and
                                                                                                     tronic control; and                                      (e) AUTHORIZATION OF APPROPRIATIONS.—
                                             water efficiency.
                                                                                                        (ii) reduces the input energy (as measured          There is authorized to be appropriated to
                                               ‘‘(i) DATA CENTER UTILIZATION METRIC.—
                                                                                                     in kilowatt-hours) required to operate the             carry out this section $5,000,000 for each of
                                             The Secretary, in collaboration with key
                                                                                                     extended product system by not less than 5             the first 2 full fiscal years following the date
                                             stakeholders, shall facilitate in the develop-
                                                                                                     percent, as compared to identified base lev-           of enactment of this Act, to remain available
                                             ment of an efficiency metric that measures
                                                                                                     els set by the Secretary.                              until expended.
                                             the energy efficiency of a data center (in-
                                                                                                        (B) INCLUSIONS.—The term ‘‘qualified ex-            SEC. 1043. ENERGY EFFICIENT TRANSFORMER
                                             cluding equipment and facilities).                                                                                        REBATE PROGRAM.
                                               ‘‘(j) PROTECTION OF PROPRIETARY INFORMA-              tended product system’’ includes commercial
                                                                                                     or industrial machinery or equipment that—               (a) DEFINITIONS.—In this section:
                                             TION.—The Secretary and the Administrator
                                                                                                        (i)(I) did not previously make use of the ex-         (1) QUALIFIED ENERGY EFFICIENT TRANS-
                                             shall not disclose any proprietary informa-                                                                    FORMER.—The term ‘‘qualified energy effi-
                                             tion or trade secrets provided by any indi-             tended product system prior to the redesign
                                                                                                     described in subclause (II); and                       cient transformer’’ means a transformer that
                                             vidual or company for the purposes of car-                                                                     meets or exceeds the applicable energy con-
                                             rying out this section or the programs and                 (II) incorporates an extended product sys-
                                                                                                     tem that has greater than 1 horsepower into            servation standards described in the tables
                                             initiatives established under this section.’’.                                                                 in subsection (b)(2) and paragraphs (1) and (2)
                                                                                                     redesigned machinery or equipment; and




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                                                 Subpart D—Rebates and Certifications                   (ii) was previously used prior to, and was          of subsection (c) of section 431.196 of title 10,
                                             SEC. 1041. THIRD-PARTY CERTIFICATION UNDER              placed back into service during, calendar              Code of Federal Regulations (as in effect on
                                                         ENERGY STAR PROGRAM.                        year 2021 or 2022.                                     the date of enactment of this Act).
                                               Section 324A of the Energy Policy and Con-               (b) ESTABLISHMENT.—Not later than 180                 (2) QUALIFIED ENERGY INEFFICIENT TRANS-
                                             servation Act (42 U.S.C. 6294a) is amended by           days after the date of enactment of this Act,          FORMER.—The term ‘‘qualified energy ineffi-
                                             adding at the end the following:                        the Secretary shall establish a program to             cient transformer’’ means a transformer
                                               ‘‘(e) THIRD-PARTY CERTIFICATION.—                     provide rebates for expenditures made by               with an equal number of phases and capacity




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                      S1535
                                             to a transformer described in any of the ta-            fiscal years 2021 and 2022, to remain available           (4) by inserting after paragraph (4) the fol-
                                             bles in subsection (b)(2) and paragraphs (1)            until expended.                                         lowing:
                                             and (2) of subsection (c) of section 431.196 of           (f) TERMINATION OF EFFECTIVENESS.—The                   ‘‘(5) In carrying out paragraph (3), the Sec-
                                             title 10, Code of Federal Regulations (as in            authority provided by this section termi-               retary may take into consideration evi-
                                             effect on the date of enactment of this Act)            nates on December 31, 2022.                             dence-based values for improvements in the
                                             that—                                                             Subpart E—Miscellaneous                       health and safety of occupants of weather-
                                               (A) does not meet or exceed the applicable            SEC.    1051.    STATE   ENERGY      CONSERVATION       ized homes, and other non-energy benefits,
                                             energy conservation standards described in                              PLANS.                                  as determined by the Secretary.’’.
                                             paragraph (1); and                                        Section 362(d) of the Energy Policy and                 (c) CONTRACTOR OPTIMIZATION.—
                                               (B)(i) was manufactured between January               Conservation Act (42 U.S.C. 6322(d)) is                   (1) TECHNICAL TRANSFER GRANTS.—Section
                                             1, 1987, and December 31, 2008, for a trans-            amended by striking paragraph (3) and in-               414B(a)(4) of the Energy Conservation and
                                             former with an equal number of phases and               serting the following:                                  Production Act (42 U.S.C. 6864b(a)(4)) is
                                             capacity as a transformer described in the                ‘‘(3) programs to increase transportation             amended—
                                             table in subsection (b)(2) of section 431.196 of        energy efficiency, including programs to                  (A) by striking ‘‘for persons’’ and inserting
                                             title 10, Code of Federal Regulations (as in            help reduce carbon emissions in the trans-              the following: ‘‘for—
                                             effect on the date of enactment of this Act);           portation sector and accelerate the use of al-            ‘‘(A) persons’’; and
                                             or                                                      ternative transportation fuels for and elec-              (B) in subparagraph (A) (as so designated),
                                               (ii) was manufactured between January 1,              trification of State government vehicles,               by striking the period at the end and insert-
                                             1992, and December 31, 2011, for a transformer          fleet vehicles, taxis and ridesharing services,         ing the following: ‘‘; and
                                             with an equal number of phases and capacity             mass transit, school buses, and privately                 ‘‘(B) private entities that are contracted to
                                             as a transformer described in the table in              owned passenger and medium- and heavy-                  provide weatherization assistance under this
                                             paragraph (1) or (2) of subsection (c) of that          duty vehicles;’’.                                       part, in accordance with rules determined by
                                             section (as in effect on the date of enactment          SEC. 1052. REPORT ON ELECTROCHROMIC GLASS.              the Secretary.’’.
                                             of this Act).                                             (a)    DEFINITION    OF    ELECTROCHROMIC               (2) CONTRACTOR OPTIMIZATION.—The Energy
                                               (3) QUALIFIED ENTITY.—The term ‘‘qualified            GLASS.—In      this   section,   the   term             Conservation and Production Act is amended
                                             entity’’ means an owner of industrial or                ‘‘electrochromic glass’’ means glass that               by inserting after section 414B (42 U.S.C.
                                             manufacturing facilities, commercial build-             uses electricity to change the light transmit-          6864b) the following:
                                             ings, or multifamily residential buildings, a           tance properties of the glass to heat or cool           ‘‘SEC. 414C. CONTRACTOR OPTIMIZATION.
                                             utility, or an energy service company that              a structure.                                              ‘‘The Secretary may request that entities
                                             fulfills the requirements of subsection (d).               (b) REPORT.—Not later than 1 year after
                                               (b) ESTABLISHMENT.—Not later than 90 days                                                                     receiving funding from the Federal Govern-
                                                                                                     the date of enactment of this Act, the Sec-             ment or from a State through a weatheriza-
                                             after the date of enactment of this Act, the            retary, in collaboration with the heads of
                                             Secretary shall establish a program to pro-                                                                     tion assistance program under section 413 or
                                                                                                     other relevant agencies, shall submit to the            414—
                                             vide rebates to qualified entities for expendi-         Committee on Energy and Natural Resources
                                             tures made by the qualified entity for the re-                                                                    ‘‘(1) perform periodic reviews of the use of
                                                                                                     of the Senate and the Committee on Energy               private contractors in the provision of
                                             placement of a qualified energy inefficient             and Commerce of the House of Representa-
                                             transformer with a qualified energy efficient                                                                   weatherization assistance, if applicable; and
                                                                                                     tives a report that addresses the benefits of             ‘‘(2) encourage an increased use and ex-
                                             transformer.                                            electrochromic glass, including the fol-
                                               (c) REQUIREMENTS.—To be eligible to re-                                                                       panded role of contractors as appropriate.’’.
                                                                                                     lowing:                                                   (3) TABLE OF CONTENTS AMENDMENT.—The
                                             ceive a rebate under this section, an entity
                                             shall submit to the Secretary an application               (1) Reductions in energy consumption in              table of contents for the Energy Conserva-
                                             in such form, at such time, and containing              commercial buildings, especially peak cool-             tion and Production Act (Public Law 94–385;
                                             such information as the Secretary may re-               ing load reduction and annual energy bill               90 Stat. 1125) is amended by inserting after
                                             quire, including demonstrated evidence—                 savings.                                                the item relating to section 414B the fol-
                                               (1) that the entity purchased a qualified                (2) Benefits in the workplace, especially            lowing:
                                             energy efficient transformer;                           visual comfort and employee health.
                                                                                                        (3) Benefits of natural light in hospitals for       ‘‘Sec. 414C. Contractor optimization.’’.
                                               (2) of the core loss value of the qualified                                                                     (d) FINANCIAL ASSISTANCE FOR WAP EN-
                                             energy efficient transformer;                           patients and staff, especially accelerated pa-
                                                                                                     tient healing and recovery time.                        HANCEMENT AND INNOVATION.—
                                               (3) of the age of the qualified energy ineffi-                                                                  (1) IN GENERAL.—The Energy Conservation
                                             cient transformer being replaced;                       SEC.   1053.     ADVANCE     APPROPRIATIONS       RE-
                                                                                                                     QUIRED.                                 and Production Act (Public Law 94–385; 90
                                               (4) of the core loss value of the qualified                                                                   Stat. 1125) is amended by inserting after sec-
                                             energy inefficient transformer being re-                  The authorization of amounts under this
                                                                                                     part and the amendments made by this part               tion 414C (as added by subsection (c)(2)) the
                                             placed—                                                                                                         following:
                                               (A) as measured by a qualified professional           shall be effective for any fiscal year only to
                                             or verified by the equipment manufacturer,              the extent and in the amount provided in ad-            ‘‘SEC. 414D. FINANCIAL ASSISTANCE FOR WAP EN-
                                                                                                     vance in appropriations Acts.                                         HANCEMENT AND INNOVATION.
                                             as applicable; or
                                               (B) for transformers described in sub-                        PART II—WEATHERIZATION                            ‘‘(a) PURPOSES.—The purposes of this sec-
                                             section (a)(2)(B)(i), as selected from a table          SEC. 1101. WEATHERIZATION ASSISTANCE PRO-               tion are—
                                             of default values as determined by the Sec-                         GRAM.                                         ‘‘(1) to expand the number of dwelling
                                             retary in consultation with applicable indus-             (a) DEFINITION OF WEATHERIZATION MATE-                units that are occupied by low-income per-
                                             try; and                                                RIALS.—Section 412(9)(J) of the Energy Con-             sons that receive weatherization assistance
                                               (5) that the qualified energy inefficient             servation and Production Act (42 U.S.C.                 under this section by making those dwelling
                                             transformer has been permanently decom-                 6862(9)(J)) is amended—                                 units weatherization-ready;
                                             missioned and scrapped.                                   (1) by inserting ‘‘, including renewable en-            ‘‘(2) to promote the deployment of renew-
                                               (d) AUTHORIZED AMOUNT OF REBATE.—The                  ergy technologies and other advanced tech-              able energy in dwelling units that are occu-
                                             amount of a rebate provided under this sec-             nologies,’’ after ‘‘technologies’’; and                 pied by low-income persons;
                                             tion shall be—                                            (2) by striking ‘‘Development,’’ and all                ‘‘(3) to ensure healthy indoor environments
                                               (1) for a 3-phase or single-phase trans-              that follows through the period at the end              by enhancing or expanding health and safety
                                             former with a capacity of not less than 10              and inserting ‘‘Development and the Sec-                measures and resources available to dwell-
                                             and not greater than 2,500 kilovolt-amperes,            retary of Agriculture.’’.                               ings that are occupied by low-income per-
                                             twice the amount equal to the difference in               (b) ALLOWANCE FOR HEALTH AND SAFETY                   sons;
                                             Watts between the core loss value (as meas-             BENEFITS.—Section 413(b) of the Energy Con-               ‘‘(4) to disseminate new methods and best
                                             ured in accordance with paragraphs (2) and              servation and Production Act (42 U.S.C.                 practices among eligible entities providing
                                             (4) of subsection (c)) of—                              6863(b)) is amended—                                    weatherization assistance under this section;
                                               (A) the qualified energy inefficient trans-             (1) in paragraph (2)(B), by striking ‘‘para-          and
                                             former; and                                             graph (5)’’ and inserting ‘‘paragraph (6)’’;              ‘‘(5) to encourage eligible entities pro-
                                               (B) the qualified energy efficient trans-               (2) in paragraph (3)—                                 viding weatherization assistance to hire and
                                             former; or                                                (A) in the first sentence, by striking ‘‘and          retain employees who are individuals—
                                               (2) for a transformer described in sub-               with the Director of the Community Services               ‘‘(A) from the community in which the as-
                                             section (a)(2)(B)(i), the amount determined             Administration’’; and                                   sistance is provided; and
                                             using a table of default rebate values by                 (B) in the first sentence of the undesig-               ‘‘(B) from communities or groups underrep-




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                                             rated transformer output, as measured in                nated matter following subparagraph (C)—                resented in the home energy performance
                                             kilovolt-amperes, as determined by the Sec-               (i) by striking ‘‘part,’’ and inserting ‘‘part        workforce.
                                             retary in consultation with applicable indus-           and by’’; and                                             ‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In
                                             try.                                                      (ii) by striking ‘‘, and the Director’’ and all       this section, the term ‘eligible entity’
                                               (e) AUTHORIZATION OF APPROPRIATIONS.—                 that follows through ‘‘1964’’;                          means—
                                             There is authorized to be appropriated to                 (3) by redesignating paragraphs (5) and (6)             ‘‘(1) an entity receiving funding from the
                                             carry out this section $5,000,000 for each of           as paragraphs (6) and (7), respectively; and            Federal Government or from a State, Tribal,




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                                             S1536                                             CONGRESSIONAL RECORD — SENATE                                                           March 5, 2020
                                             or local government through a weatheriza-               cluding experience successfully managing                 ‘‘(2) the energy and cost savings, and any
                                             tion assistance program under section 413 or            and administering Federal funds;                       other accomplishments, achieved under this
                                             414; and                                                  ‘‘(4) the strength of the proposal of the eli-       section during the year covered by the re-
                                               ‘‘(2) a nonprofit organization.                       gible entity to achieve one or more of the             port.
                                               ‘‘(c) FINANCIAL ASSISTANCE AWARDS.—The                purposes described in subsection (a);                    ‘‘(l) FUNDING.—
                                             Secretary shall, to the extent funds are made             ‘‘(5) the extent to which the eligible entity          ‘‘(1) IN GENERAL.—Subject to paragraphs (2)
                                             available, award financial assistance on an             will use partnerships and regional coordina-           and (3), for each of fiscal years 2021 through
                                             annual basis through a competitive process              tion to achieve one or more of the purposes            2025, of the amount appropriated under sec-
                                             to an eligible entity—                                  described in subsection (a);                           tion 422—
                                               ‘‘(1) with respect to dwelling units that are           ‘‘(6) regional and climate zone diversity;             ‘‘(A) if the amount is not more than
                                             occupied by low-income persons—                           ‘‘(7) urban, suburban, and rural localities;         $225,000,000, no funds shall be used to carry
                                               ‘‘(A) to implement measures to make those             and                                                    out this section;
                                             dwelling units weatherization-ready, includ-              ‘‘(8) any other appropriate factor, as deter-          ‘‘(B) if the amount is not more than
                                             ing by addressing structural, plumbing, roof-           mined by the Secretary.                                $260,000,000, not more than 2 percent of that
                                             ing, and electrical issues, environmental                 ‘‘(f) FIRST AWARD.—Subject to the avail-             amount may be used to carry out this sec-
                                             hazards, and other issues that the Secretary            ability of appropriations, not later than 270          tion;
                                             determines to be appropriate;                           days after the date of enactment of this sec-            ‘‘(C) if the amount is not more than
                                               ‘‘(B) to install energy efficiency tech-              tion, the Secretary shall make a first award           $300,000,000, not more than 4 percent of that
                                             nologies, including home energy manage-                 of financial assistance under this section.            amount may be used to carry out this sec-
                                             ment systems, smart devices, and other tech-              ‘‘(g) AMOUNT AND TERM.—                              tion; and
                                             nologies the Secretary determines to be ap-               ‘‘(1) MAXIMUM AMOUNT.—The total amount                 ‘‘(D) if the amount is more than
                                             propriate;                                              of financial assistance awarded to an eligible         $300,000,000, not more than 6 percent of that
                                               ‘‘(C) to install renewable energy systems             entity under this section shall not exceed             amount may be used to carry out this sec-
                                             (as defined in section 415(c)(6)(A)); and               $2,000,000.                                            tion.
                                               ‘‘(D) to implement measures to ensure                   ‘‘(2) PLANNING, MANAGEMENT, AND ADMINIS-               ‘‘(2) AMOUNTS EXCLUDED.—Each amount de-
                                             healthy indoor environments by improving                TRATION.—Of the amount awarded to an eli-              scribed in paragraph (1) shall not include the
                                             indoor air quality, accessibility, and other            gible entity under this section, not more              amount made available for Department of
                                             healthy home measures, as determined by                 than 15 percent may be used by the eligible            Energy headquarters training or technical
                                             the Secretary;                                          entity for the purpose described in sub-               assistance.
                                               ‘‘(2) to improve the capability of the eligi-         section (c)(8).                                          ‘‘(3) MAXIMUM AMOUNT.—The maximum
                                             ble entity—                                               ‘‘(3) TECHNICAL AND TRAINING ASSISTANCE.—            amount used to carry out this section in
                                               ‘‘(A) to significantly increase the number            The total amount of financial assistance               each fiscal year shall not exceed $25,000,000.’’.
                                             of energy retrofits performed by the eligible           awarded to an entity under this section shall            (2) TABLE OF CONTENTS.—The table of con-
                                             entity;                                                 be reduced by the cost of any technical and            tents for the Energy Conservation and Pro-
                                               ‘‘(B) to replicate best practices for work            training assistance provided by the Sec-               duction Act (Public Law 94–385; 90 Stat. 1125)
                                             performed under this section on a larger                retary under this section that relates to that         is amended by inserting after the item relat-
                                             scale;                                                  financial assistance.                                  ing to section 414C (as added by subsection
                                               ‘‘(C) to leverage additional funds to sustain           ‘‘(4) TERM.—The term of an award of finan-           (c)(3)) the following:
                                             the provision of weatherization assistance              cial assistance under this section shall not
                                                                                                                                                            ‘‘Sec. 414D. Financial assistance for WAP
                                             and other work performed under this section             exceed 3 years.
                                                                                                                                                                           enhancement and innovation.’’.
                                             after the financial assistance awarded under              ‘‘(5) RELATIONSHIP TO FORMULA GRANTS.—
                                                                                                                                                              (e) INCREASE IN ADMINISTRATIVE FUNDS.—
                                             this section is expended; and                           An eligible entity may use financial assist-
                                                                                                                                                            Section 415(a)(1) of the Energy Conservation
                                               ‘‘(D) to hire and retain employees de-                ance awarded under this section in conjunc-
                                                                                                                                                            and Production Act (42 U.S.C. 6865(a)(1)) is
                                             scribed in subsection (a)(5);                           tion with other financial assistance provided
                                                                                                                                                            amended by striking ‘‘10 percent’’ and insert-
                                               ‘‘(3) for innovative outreach and education           to the eligible entity under this part.
                                                                                                       ‘‘(h) GUIDANCE.—Not later than 90 days               ing ‘‘15 percent’’.
                                             regarding the benefits and availability of                                                                       (f)     REWEATHERIZATION      DATE.—Section
                                                                                                     after the date of enactment of this section,
                                             weatherization assistance and other assist-                                                                    415(c) of the Energy Conservation and Pro-
                                                                                                     the Secretary shall issue guidance on imple-
                                             ance available under this section;                                                                             duction Act (42 U.S.C. 6865(c)) is amended by
                                                                                                     menting this section, which shall include,
                                               ‘‘(4) for quality control of work performed                                                                  striking paragraph (2) and inserting the fol-
                                                                                                     with respect to eligible entities awarded fi-
                                             under this section;                                                                                            lowing:
                                                                                                     nancial assistance under this section—
                                               ‘‘(5) for data collection, measurement, and                                                                    ‘‘(2) FURTHER ASSISTANCE.—
                                                                                                       ‘‘(1) standards for allowable expenditures;
                                             verification with respect to that work;                                                                          ‘‘(A) DEFINITION OF INTERIM SERVICE.—
                                                                                                       ‘‘(2) a minimum saving-to-investment
                                               ‘‘(6) for program monitoring, oversight,                                                                       ‘‘(i) IN GENERAL.—In this paragraph, the
                                                                                                     ratio; and
                                             evaluation, and reporting of that work;                                                                        term ‘interim service’ means an energy serv-
                                                                                                       ‘‘(3) standards for—
                                               ‘‘(7) for labor, training, and technical as-                                                                 ice that takes place between instances of
                                                                                                       ‘‘(A) training programs;
                                             sistance relating to that work;                                                                                weatherization or partial weatherization of a
                                                                                                       ‘‘(B) energy audits;
                                               ‘‘(8) subject to subsection (g)(2), for plan-                                                                dwelling unit, as determined by the Sec-
                                                                                                       ‘‘(C) the provision of technical assistance;
                                             ning, management, and administration of                                                                        retary.
                                                                                                       ‘‘(D) monitoring activities carried out
                                             that work; and                                                                                                   ‘‘(ii) INCLUSION.—In this paragraph, the
                                                                                                     using the financial assistance;
                                               ‘‘(9) for any other appropriate activity, as                                                                 term ‘interim service’ includes—
                                                                                                       ‘‘(E) verification of energy and cost sav-
                                             determined by the Secretary.                                                                                     ‘‘(I) the provision of energy information
                                                                                                     ings;
                                               ‘‘(d) APPLICATIONS.—To be eligible for an               ‘‘(F) liability insurance requirements; and          and education to assist with energy manage-
                                             award of financial assistance under this sec-             ‘‘(G) recordkeeping and reporting require-           ment;
                                             tion, an eligible entity shall submit to the            ments, which shall include reporting to the              ‘‘(II) an evaluation of the effectiveness of
                                             Secretary an application in such manner and             Office of Weatherization and Intergovern-              installed weatherization measures; and
                                             containing such information as the Sec-                 mental Programs of the Department of En-                 ‘‘(III) the provision of services, equipment,
                                             retary may require.                                     ergy applicable data on each dwelling unit             or other measures funded by non-Federal
                                               ‘‘(e) AWARD FACTORS.—In awarding finan-               retrofitted or otherwise assisted by the eligi-        funds, as determined by the Secretary.
                                             cial assistance under this section, the Sec-            ble entity using the financial assistance.               ‘‘(B) FURTHER ASSISTANCE.—Dwelling units
                                             retary shall consider—                                    ‘‘(i) COMPLIANCE WITH STATE AND LOCAL                weatherized or partially weatherized under
                                               ‘‘(1) the record of the eligible entity, using        LAW.—Nothing in this section supersedes or             this part, or under other Federal programs—
                                             the most recent year for which data are                 modifies any State or local law to the extent            ‘‘(i) may not receive further financial as-
                                             available, in constructing, renovating, re-             that the State or local law is more stringent          sistance for weatherization under this part
                                             pairing, and making energy efficient single-            than this section.                                     until the date that is 15 years after the date
                                             family, multifamily, or manufactured homes                ‘‘(j) REVIEW AND EVALUATION.—The Sec-                on which the previous weatherization was
                                             that are occupied by low-income persons, ei-            retary shall review and evaluate the per-              completed; and
                                             ther directly or through affiliates, chapters,          formance of each eligible entity that re-                ‘‘(ii) may receive further financial assist-
                                             or other partners;                                      ceives an award of financial assistance under          ance for weatherization under this part for
                                               ‘‘(2) the number of dwelling units occupied           this section, which may include an audit.              the purpose of providing an interim serv-
                                             by low-income persons that the eligible enti-             ‘‘(k) ANNUAL REPORT.—The Secretary shall             ice.’’.




dlhill on DSKBBY8HB2PROD with SENATE
                                             ty has built, renovated, repaired, weather-             submit to the relevant committees of Con-                (g) TIMING FOR DISTRIBUTION OF FINANCIAL
                                             ized, and made more energy efficient in the             gress an annual report that describes—                 ASSISTANCE.—Section 417(d) of the Energy
                                             5 years immediately preceding the date on                 ‘‘(1) the actions taken by the Secretary             Conservation and Production Act (42 U.S.C.
                                             which the eligible entity submits an applica-           and eligible entities awarded financial as-            6867(d)) is amended—
                                             tion under subsection (d);                              sistance under this section to achieve the               (1) by striking ‘‘(d) Payments’’ and insert-
                                               ‘‘(3) the qualifications, experience, and             purposes of this section during the year cov-          ing the following:
                                             past performance of the eligible entity, in-            ered by the report; and                                  ‘‘(d) METHOD AND TIMING OF PAYMENTS.—




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1537
                                               ‘‘(1) IN GENERAL.—Subject to paragraph (2),             (2) in subsection (c), by striking ‘‘10’’ and          ‘‘(3) to support efforts to increase the effi-
                                             any payments’’; and                                     inserting ‘‘22’’;                                      ciency of energy conversion, lower the cost,
                                               (2) by adding at the end the following:                 (3) in subsection (e)(2), by striking ‘‘section      increase the use, improve the reliability, and
                                               ‘‘(2) TIMING.—Notwithstanding any other               29(d)(2)(B)’’     and     inserting     ‘‘section      demonstrate the applicability of marine en-
                                             provision of law (including regulations), not           45K(d)(2)(B)’’;                                        ergy technologies by participating in dem-
                                             later than 60 days after the date on which                (4) in subsection (f), by striking ‘‘20’’ and        onstration projects;
                                             funds have been made available to provide               inserting ‘‘32’’; and                                    ‘‘(4) to investigate variability issues and
                                             assistance under this part, the Secretary                 (5) in subsection (g), by striking ‘‘each of         the efficient and reliable integration of ma-
                                             shall distribute to the applicable recipient            the fiscal years 2006 through 2015’’ and in-           rine energy with the utility grid;
                                             the full amount of assistance to be provided            serting ‘‘each of fiscal years 2021 through              ‘‘(5) to identify and study critical short-
                                             to the recipient under this part for the fiscal         2036’’.                                                and long-term needs to create a sustainable
                                             year.’’.                                                  (b) HYDROELECTRIC EFFICIENCY IMPROVE-                marine energy supply chain based in the
                                               (h) ANNUAL REPORT.—Section 421 of the En-             MENT.—Section 243(c) of the Energy Policy              United States;
                                             ergy Conservation and Production Act (42                Act of 2005 (42 U.S.C. 15882(c)) is amended by           ‘‘(6) to increase the reliability and surviv-
                                             U.S.C. 6871) is amended in the second sen-              striking ‘‘each of the fiscal years 2006               ability of marine energy technologies;
                                             tence by inserting ‘‘the number of multi-               through 2015’’ and inserting ‘‘each of fiscal            ‘‘(7) to verify the performance, reliability,
                                             family buildings in which individual dwell-             years 2021 through 2036’’.                             maintainability, and cost of new marine en-
                                             ing units were weatherized during the pre-              SEC. 1202. MARINE ENERGY RESEARCH AND DE-              ergy device designs and system components
                                             vious year, the number of individual dwell-                         VELOPMENT.                                 in an operating environment;
                                             ing units in multifamily buildings weather-               (a) PURPOSE.—The purpose of this section               ‘‘(8) to consider the protection of critical
                                             ized during the previous year,’’ after ‘‘the av-        is to support marine energy programs that—             infrastructure, such as adequate separation
                                             erage size of the dwellings being weather-                (1) promote research on, and the develop-            between marine energy devices and projects
                                             ized,’’.                                                ment of, increased energy generation and ca-           and submarine telecommunications cables,
                                               (i) REAUTHORIZATION OF WAP.—Section 422               pacity at reduced costs;                               including consideration of established indus-
                                             of the Energy Conservation and Production                 (2) promote research and development ac-             try standards;
                                             Act (42 U.S.C. 6872) is amended in the matter           tivities that improve environmental out-                 ‘‘(9)(A) to coordinate the programs carried
                                             preceding paragraph (1) by striking ‘‘appro-            comes of marine energy technologies;                   out under this section with, and avoid dupli-
                                             priated’’ and all that follows through ‘‘2012..’’         (3) provide grid stability and create new            cation of activities across, programs of the
                                             in paragraph (5) and inserting ‘‘appropriated           market opportunities; and                              Department and other applicable Federal
                                             $350,000,000 for each of fiscal years 2021                (4) promote job creation in the energy sec-          agencies, including National Laboratories;
                                             through 2025.’’.                                        tor.                                                   and
                                               (j) WAIVER STUDY.—                                      (b) DEFINITION OF MARINE ENERGY.—                      ‘‘(B) to coordinate public-private collabo-
                                               (1) IN GENERAL.—It is the sense of Congress             (1) IN GENERAL.—Section 632 of the Energy            ration in carrying out the programs under
                                             that, to the maximum extent practicable,                Independence and Security Act of 2007 (42              this section;
                                             the Secretary should coordinate with the Di-            U.S.C. 17211) is amended to read as follows:             ‘‘(10) to identify opportunities for joint re-
                                             rector of the Office of Management and                                                                         search and development programs and the
                                                                                                     ‘‘SEC. 632. DEFINITION OF MARINE ENERGY.
                                             Budget to grant waivers of requirements                                                                        development of economies of scale between—
                                                                                                       ‘‘In this subtitle, the term ‘marine energy’           ‘‘(A) marine energy technologies; and
                                             under section 200.313 of title 2, Code of Fed-          means energy from—
                                             eral Regulations (or successor regulations),                                                                     ‘‘(B) other renewable energy and fossil en-
                                                                                                       ‘‘(1) waves, tides, and currents in oceans,          ergy programs, offshore oil and gas produc-
                                             to better leverage private sector funds for             estuaries, and tidal areas;
                                             the purposes of using funding awarded under                                                                    tion activities, and activities of the Depart-
                                                                                                       ‘‘(2) free-flowing hydrokinetic water in riv-        ment of Defense;
                                             the Weatherization Assistance Program for               ers, lakes, and streams;                                 ‘‘(11) to identify, in conjunction with the
                                             Low-Income Persons established under part                 ‘‘(3) free-flowing hydrokinetic water in             Secretary of Commerce, acting through the
                                             A of title IV of the Energy Conservation and            man-made channels; and                                 Under Secretary of Commerce for Oceans and
                                             Production Act (42 U.S.C. 6861 et seq.).                  ‘‘(4) differentials in ocean temperature or          Atmosphere, and other relevant Federal
                                               (2) STUDY.—Not more than 180 days after               ocean thermal energy conversion.’’.                    agencies as appropriate, the potential envi-
                                             the date of enactment of this Act, the Sec-               (2) CONFORMING EDITS.—                               ronmental impacts, including potential im-
                                             retary shall submit to the relevant commit-               (A) The subtitle heading for subtitle C of           pacts on fisheries and other marine re-
                                             tees of Congress a report that describes—               title VI of the Energy Independence and Se-            sources, of marine energy technologies,
                                               (A) each waiver that has been requested               curity Act of 2007 (Public Law 110–440; 121            measures to prevent adverse impacts, and
                                             under paragraph (1) after September 30, 2010;           Stat. 1686) is amended by striking ‘‘and               technologies and other means available for
                                             and                                                     Hydrokinetic Renewable’’.                              monitoring and determining environmental
                                               (B) the determination of the Secretary and              (B) Section 631 of the Energy Independence           impacts;
                                             the Director of the Office of Management                and Security Act of 2007 (42 U.S.C. 17001 note;          ‘‘(12) to identify, in conjunction with the
                                             and Budget regarding each waiver described              121 Stat. 1686) is amended by striking ‘‘and           Secretary of the Department in which the
                                             in subparagraph (A).                                    Hydrokinetic Renewable’’.                              United States Coast Guard is operating, act-
                                                      Subtitle B—Renewable Energy                      (c) MARINE ENERGY RESEARCH AND DEVEL-                ing through the Commandant of the United
                                             SEC. 1201. HYDROELECTRIC PRODUCTION INCEN-              OPMENT.—Section 633 of the Energy Inde-                States Coast Guard, the potential naviga-
                                                         TIVES AND EFFICIENCY IMPROVE-               pendence and Security Act of 2007 (42 U.S.C.           tional impacts of marine energy tech-
                                                         MENTS.                                      17212) is amended to read as follows:                  nologies and measures to prevent adverse
                                               (a) HYDROELECTRIC PRODUCTION INCEN-                   ‘‘SEC. 633. MARINE ENERGY RESEARCH AND DE-             impacts on navigation;
                                             TIVES.—Section 242 of the Energy Policy Act                          VELOPMENT.                                  ‘‘(13) to support in-water technology devel-
                                             of 2005 (42 U.S.C. 15881) is amended—                      ‘‘(a) IN GENERAL.—The Secretary, acting             opment with international partners using ex-
                                                (1) in subsection (b), by striking paragraph         through the Director of the Water Power                isting cooperative procedures (including
                                             (1) and inserting the following:                        Technologies Office, in consultation with the          memoranda of understanding)—
                                                ‘‘(1) QUALIFIED HYDROELECTRIC FACILITY.—             Secretary of the Interior, the Secretary of              ‘‘(A) to allow cooperative funding and
                                             The term ‘qualified hydroelectric facility’             Commerce, and the Federal Energy Regu-                 other support of value to be exchanged and
                                             means a turbine or other generating device              latory Commission, shall carry out a pro-              leveraged; and
                                             owned or solely operated by a non-Federal               gram to accelerate the introduction of ma-               ‘‘(B) to encourage international research
                                             entity—                                                 rine energy production into the United                 centers and international companies to par-
                                                ‘‘(A) that generates hydroelectric energy            States energy supply, giving priority to               ticipate in the development of marine energy
                                             for sale; and                                           technologies most likely to lead to commer-            technology in the United States and to en-
                                                ‘‘(B)(i) that is added to an existing dam or         cial utilization, while fostering accelerated          courage United States research centers and
                                             conduit; or                                             research, development, demonstration, and              companies to participate in marine energy
                                                ‘‘(ii)(I) that has a generating capacity of          commercial application of technology, in-              projects abroad; and
                                             not more than 20 megawatts;                             cluding programs—                                        ‘‘(14) to assist in the development of tech-
                                                ‘‘(II) for which the non-Federal entity has            ‘‘(1) to assist technology development on a          nology necessary to support the use of ma-
                                             received a construction authorization from              variety of scales, including full-scale proto-         rine energy—
                                             the Federal Energy Regulatory Commission,               types, to improve the components, processes,             ‘‘(A) for the generation and storage of
                                             if applicable; and                                      and systems used for power generation from             power at sea, including in applications relat-




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                                                ‘‘(III) that is constructed in an area in            marine energy resources;                               ing to—
                                             which there is inadequate electric service, as            ‘‘(2) to establish and expand critical test-           ‘‘(i) ocean observation and navigation;
                                             determined by the Secretary, including by               ing infrastructure and facilities necessary—             ‘‘(ii) underwater vehicle charging;
                                             taking into consideration—                                ‘‘(A) to cost-effectively and efficiently test         ‘‘(iii) marine aquaculture;
                                                ‘‘(aa) access to the electric grid;                  and prove marine energy devices; and                     ‘‘(iv) production of marine algae; and
                                                ‘‘(bb) the frequency of electric outages; or           ‘‘(B) to accelerate the technological readi-           ‘‘(v) extraction of critical minerals and
                                                ‘‘(cc) the affordability of electricity.’’;          ness and commercialization of those devices;           gasses from seawater;




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                                             S1538                                             CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                               ‘‘(B) for the generation and storage of                 (1) IN GENERAL.—The Secretary, in con-                 ‘‘(ii) risk maps for induced seismicity
                                             power to promote the resilience of coastal              sultation with the Secretary of Transpor-              based on geologic, geographic, and oper-
                                             communities, including in applications re-              tation and the Secretary of Commerce, shall            ational parameters; and
                                             lating to—                                              conduct a study to examine opportunities for             ‘‘(2) to the maximum extent practicable,
                                               ‘‘(i) desalination;                                   research and development in advanced ma-               by coordinating with relevant State officials
                                               ‘‘(ii) disaster recovery and resilience; and          rine energy technologies—                              and institutions of higher education to ex-
                                               ‘‘(iii) community microgrids in isolated                (A) to support the maritime transportation           pand geothermal assessments, including en-
                                             power systems; and                                      sector to enhance job creation, economic de-           hanced geothermal systems assessments, to
                                               ‘‘(C) in any other applications, as deter-            velopment, and competitiveness;                        include assessments for the Commonwealth
                                             mined by the Secretary.                                   (B) to support associated maritime energy            of Puerto Rico and the States of Alaska and
                                               ‘‘(b) COST SHARING AND MERIT REVIEW.—                 infrastructure, including infrastructure that          Hawaii.’’; and
                                             The Secretary shall carry out the program               serves ports, to improve system resilience               (4) in subsection (d) (as so redesignated), by
                                             under this section in accordance with sec-              and disaster recovery; and                             striking ‘‘necesary’’ and inserting ‘‘nec-
                                             tions 988 and 989 of the Energy Policy Act of             (C) to enable scientific missions at sea and         essary’’.
                                             2005 (42 U.S.C. 16352, 16353).’’.                       in extreme environments, including the Arc-              (b) GENERAL GEOTHERMAL RESEARCH AND
                                               (d) NATIONAL MARINE ENERGY CENTERS.—                  tic.                                                   DEVELOPMENT PROGRAMS.—Section 614 of the
                                             Section 634 of the Energy Independence and
                                                                                                       (2) REPORT.—Not later than 1 year after              Energy Independence and Security Act of
                                             Security Act of 2007 (42 U.S.C. 17213) is
                                                                                                     the date of enactment of this Act, the Sec-            2007 (42 U.S.C. 17193) is amended by adding at
                                             amended—
                                                                                                     retary shall submit to the Committee on En-            the end the following:
                                               (1) in the section heading, by striking ‘‘RE-
                                                                                                     ergy and Natural Resources of the Senate                 ‘‘(d) OIL AND GAS TECHNOLOGY TRANSFER
                                             NEWABLE ENERGY RESEARCH, DEVELOPMENT,
                                                                                                     and the Committee on Science, Space, and               INITIATIVE.—
                                             AND DEMONSTRATION’’ and inserting ‘‘EN-
                                                                                                     Technology of the House of Representatives               ‘‘(1) IN GENERAL.—The Secretary shall sup-
                                             ERGY’’;
                                                                                                     a report that describes the results of the             port an initiative among the Office of Fossil
                                               (2) by redesignating subsection (c) as sub-
                                                                                                     study conducted under paragraph (1).                   Energy, the Office of Energy Efficiency and
                                             section (d); and
                                                                                                       (g) CLERICAL AMENDMENTS.—The table of                Renewable Energy, and the private sector to
                                               (3) by striking subsections (a) and (b) and
                                                                                                     contents in section 1(b) of the Energy Inde-           modify, improve, and demonstrate the use in
                                             inserting the following:
                                               ‘‘(a) CENTERS.—                                       pendence and Security Act of 2007 (Public              geothermal energy development of relevant
                                               ‘‘(1) IN GENERAL.—The Secretary shall                 Law 110–140; 121 Stat. 1495) is amended—               advanced technologies and operation tech-
                                             award grants to institutions of higher edu-               (1) by striking the item relating to subtitle        niques used in the oil and gas sector.
                                             cation for—                                             C of title VI and inserting the following:               ‘‘(2) PRIORITIES.—In carrying out para-
                                               ‘‘(A) the continuation and expansion of re-              ‘‘Subtitle C—Marine Renewable Energy                graph (1), the Secretary shall prioritize tech-
                                             search, development, and testing activities                           Technologies’’; and                      nologies with the greatest potential to sig-
                                             at National Marine Energy Centers estab-                  (2) by striking the items relating to sec-           nificantly increase the use and lower the
                                             lished as of January 1, 2019; and                       tions 632, 633, and 634 and inserting the fol-         cost of geothermal energy in the United
                                               ‘‘(B) the establishment of new National               lowing:                                                States, including the cost and speed of small-
                                             Marine Energy Centers.                                  ‘‘Sec. 632. Definition of marine energy.               and large-scale geothermal drilling.
                                               ‘‘(2) CRITERIA.—In selecting locations for            ‘‘Sec. 633. Marine energy research and devel-            ‘‘(e) COPRODUCTION OF GEOTHERMAL ENERGY
                                             new National Marine Energy Centers to be                              opment.                                  AND MINERALS PRODUCTION PRIZE COMPETI-
                                             established under paragraph (1)(B), the Sec-            ‘‘Sec. 634. National Marine Energy Cen-                TION.—
                                             retary shall consider sites that meet one of                          ters.’’.                                   ‘‘(1) IN GENERAL.—The Secretary shall
                                             the following criteria:                                 SEC. 1203. ADVANCED GEOTHERMAL INNOVA-                 carry out a prize competition under which
                                               ‘‘(A) The new Center hosts an existing ma-                       TION LEADERSHIP.                            the Secretary shall award prizes to dem-
                                             rine energy research and development pro-                 (a) UPDATE TO GEOTHERMAL RESOURCE AS-                onstrate the coproduction of critical min-
                                             gram in coordination with an engineering                SESSMENT.—Section 2501 of the Energy Pol-              erals (as defined by the Secretary of the In-
                                             program at an institution of higher edu-                icy Act of 1992 (30 U.S.C. 1028) is amended—           terior on the date of enactment of the Amer-
                                             cation.                                                   (1) by redesignating subsections (a) and (b)         ican Energy Innovation Act of 2020) from
                                               ‘‘(B) The new Center has proven expertise             as subsections (b) and (d), respectively;              geothermal resources.
                                             to support environmental and policy-related               (2) by inserting before subsection (b) (as so          ‘‘(2)   REQUIREMENTS.—A        demonstration
                                             issues associated with the harnessing of en-            redesignated) the following:                           awarded a prize under paragraph (1) shall—
                                             ergy in the marine environment.                           ‘‘(a) DEFINITION OF ENHANCED GEOTHERMAL                ‘‘(A) improve the cost-effectiveness of re-
                                               ‘‘(C) The new Center has access to and uses           SYSTEMS.—In this section, the term ‘en-                moving minerals from geothermal brines as
                                             marine resources.                                       hanced geothermal systems’ has the meaning             part of the coproduction process;
                                               ‘‘(b) PURPOSES.—The National Marine En-               given the term in section 612 of the Energy              ‘‘(B) increase recovery rates of the tar-
                                             ergy Centers shall coordinate with other Na-            Independence and Security Act of 2007 (42              geted mineral commodity;
                                             tional Marine Energy Centers, the Depart-                                                                        ‘‘(C) decrease water use and other environ-
                                                                                                     U.S.C. 17191).’’;
                                             ment, and the National Laboratories—                                                                           mental impacts, as determined by the Sec-
                                                                                                       (3) by inserting after subsection (b) (as so
                                               ‘‘(1) to advance research, development, and                                                                  retary; and
                                                                                                     redesignated) the following:
                                             demonstration of marine energy tech-                      ‘‘(c) UPDATE TO GEOTHERMAL RESOURCE AS-                ‘‘(D) demonstrate a path to commercial vi-
                                             nologies;                                               SESSMENT.—The Secretary of the Interior,               ability.
                                               ‘‘(2) to support in-water testing and dem-            acting through the United States Geological              ‘‘(3) MAXIMUM PRIZE AMOUNT.—The max-
                                             onstration of marine energy technologies, in-           Survey, and in consultation with the Sec-              imum amount of a prize awarded under para-
                                             cluding facilities capable of testing—                  retary of Energy, shall update the 2008                graph (1) shall be $10,000,000.
                                               ‘‘(A) marine energy systems of various                United States geothermal resource assess-                ‘‘(f) DRILLING DATA REPOSITORY.—
                                             technology readiness levels and scales;                 ment carried out by the United States Geo-               ‘‘(1) IN GENERAL.—The Secretary shall, in
                                               ‘‘(B) a variety of technologies in multiple           logical Survey, including—                             coordination with the Secretary of the Inte-
                                             test berths at a single location; and                     ‘‘(1) with respect to areas previously iden-         rior, establish and operate a voluntary, in-
                                               ‘‘(C) arrays of technology devices; and               tified by the Department of Energy or the              dustry-wide repository of geothermal drill-
                                               ‘‘(3) to serve as information clearinghouses          United States Geological Survey as having              ing information to lower the cost of future
                                             for the marine energy industry by collecting            significant potential for hydrothermal en-             geothermal drilling.
                                             and disseminating information on best prac-             ergy or enhanced geothermal systems en-                  ‘‘(2) REPOSITORY.—
                                             tices in all areas relating to developing and           ergy, by focusing on—                                    ‘‘(A) IN GENERAL.—In carrying out para-
                                             managing marine energy resources and en-                  ‘‘(A) improving the resolution of resource           graph (1), the Secretary shall collaborate
                                             ergy systems.                                           potential at systematic temperatures and               with geothermally significant countries,
                                               ‘‘(c) COST SHARING.—The Secretary shall
                                                                                                     depths, including temperatures and depths              such as Iceland, Switzerland, Kenya, Aus-
                                             carry out the program under this section in
                                                                                                     appropriate for power generation and direct            tralia, the Philippines, and any other rel-
                                             accordance with section 988(b)(4) of the En-
                                                                                                     use applications;                                      evant country, as determined by the Sec-
                                             ergy Policy Act of 2005 (42 U.S.C.
                                                                                                       ‘‘(B) quantifying the total potential to co-         retary.
                                             16352(b)(4)).’’.
                                               (e) AUTHORIZATION OF APPROPRIATIONS.—                 produce geothermal energy and minerals;                  ‘‘(B) DATA SYSTEM.—The repository estab-
                                             Section 636 of the Energy Independence and                ‘‘(C) incorporating data relevant to under-          lished under paragraph (1) shall be inte-
                                             Security Act of 2007 (42 U.S.C. 17215) is               ground thermal energy storage and ex-                  grated with the National Geothermal Data




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                                             amended by striking ‘‘$50,000,000 for each of           change, such as aquifer and soil properties;           System.’’.
                                             the fiscal years 2008 through 2012’’ and in-            and                                                      (c) ENHANCED GEOTHERMAL RESEARCH AND
                                             serting ‘‘$160,000,000 for each of fiscal years           ‘‘(D) producing high resolution maps, in-            DEVELOPMENT.—
                                             2021 and 2022’’.                                        cluding—                                                 (1) DEFINITION OF ENGINEERED.—Section
                                               (f) STUDY OF ENERGY INNOVATION IN MARINE                ‘‘(i) maps that indicate key subsurface pa-          612(1) of the Energy Independence and Secu-
                                             TRANSPORTATION AND INFRASTRUCTURE RE-                   rameters for electric and direct use re-               rity Act of 2007 (42 U.S.C. 17191(1)) is amend-
                                             SILIENCE.—                                              sources; and                                           ed in the matter preceding subparagraph (A)




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                    S1539
                                             by striking ‘‘subjected to intervention, in-            in locations that are potentially commer-              directly or through a heat exchanger to pro-
                                             cluding intervention’’ and inserting ‘‘de-              cially viable for enhanced geothermal sys-             vide—
                                             signed to access subsurface heat, including             tems development, as determined by the Sec-              ‘‘(A) heating to buildings; or
                                             nonstimulation technologies,’’.                         retary.                                                  ‘‘(B) heat required for industrial processes,
                                               (2) PROGRAMS.—Section 615(b) of the En-                 ‘‘(ii)        REQUIREMENTS.—Demonstration            agriculture, aquaculture, and other facili-
                                             ergy Independence and Security Act of 2007              projects under clause (i) shall—                       ties.
                                             (42 U.S.C. 17194(b)) is amended—                          ‘‘(I) collectively demonstrate—                        ‘‘(2) ECONOMICALLY DISTRESSED AREA.—The
                                               (A) in paragraph (1)—                                   ‘‘(aa) different geologic settings, such as          term ‘economically distressed area’ means
                                               (i) in subparagraph (C), by striking ‘‘map-           hot sedimentary aquifers, layered geologic             an area described in section 301(a) of the
                                             ping’’ and inserting ‘‘and fracture mapping,            systems, supercritical systems, and base-              Public Works and Economic Development
                                             including real-time modeling’’;                         ment rock systems; and                                 Act of 1965 (42 U.S.C. 3161(a)).
                                               (ii) in subparagraph (E), by striking ‘‘and’’           ‘‘(bb) a variety of development techniques,            ‘‘(3) GEOTHERMAL HEAT PUMP.—The term
                                             at the end;                                             including open hole and cased hole comple-             ‘geothermal heat pump’ means a system that
                                               (iii) by redesignating subparagraph (F) as            tions, differing well orientations, and stimu-         provides heating and cooling by exchanging
                                             subparagraph (K); and                                   lation mechanisms;                                     heat from shallow ground or surface water
                                               (iv) by inserting after subparagraph (E) the            ‘‘(II) to the extent practicable, use existing       using—
                                             following:                                              sites where subsurface characterization or               ‘‘(A) a closed loop system, which transfers
                                               ‘‘(F) well placement and orientation;                 geothermal energy integration analysis has             heat by way of buried or immersed pipes that
                                               ‘‘(G) long-term reservoir management;                 been conducted; and                                    contain a mix of water and working fluid; or
                                               ‘‘(H) drilling technologies, methods, and               ‘‘(III) each be carried out in accordance              ‘‘(B) an open loop system, which circulates
                                             tools;                                                  with section 988 of the Energy Policy Act of           ground or surface water directly into the
                                               ‘‘(I) improved exploration tools;                     2005 (42 U.S.C. 16352).                                building and returns the water to the same
                                               ‘‘(J) zonal isolation; and’’; and                       ‘‘(iii) EASTERN DEMONSTRATION.—Not less              aquifer or surface water source.
                                               (B) by striking paragraph (2) and inserting           than 1 demonstration project under clause (i)            ‘‘(c) PROGRAM.—
                                             the following:                                          shall be located in an area east of the Mis-             ‘‘(1) IN GENERAL.—The Secretary shall sup-
                                               ‘‘(2) FRONTIER OBSERVATORIES FOR RE-                  sissippi River that is suitable for enhanced           port within the Geothermal Technologies Of-
                                             SEARCH IN GEOTHERMAL ENERGY.—                           geothermal demonstration for power, heat,              fice a program of research, development, and
                                               ‘‘(A) PROGRAM.—The Secretary shall sup-               or a combination of power and heat.                    demonstration for geothermal heat pumps
                                             port 2 field research sites, which shall each             ‘‘(C) OPTIONAL PROGRAM STRUCTURE.—                   and the direct use of geothermal energy.
                                             be known as a ‘Frontier Observatory for Re-               ‘‘(i) IN GENERAL.—The Secretary may, pur-              ‘‘(2) AREAS.—The program under paragraph
                                             search in Geothermal Energy’ or ‘FORGE’                 suant to section 646(g) of the Department of           (1) may include research, development, dem-
                                             site, to develop, test, and enhance techniques          Energy Organization Act (42 U.S.C. 7256(g)),           onstration, and commercial application of—
                                             and tools for enhanced geothermal energy.               structure the initiative described in subpara-           ‘‘(A) geothermal ground loop efficiency im-
                                               ‘‘(B) SITE SELECTION.—Of the FORGE sites              graph (A) as a public-private cost-shared              provements, cost reductions, and improved
                                             referred to in subparagraph (A)—                        demonstration initiative with specific design          installation and operations methods;
                                               ‘‘(i) 1 shall be the existing research site in        milestones required to be met by a partici-              ‘‘(B) the use of geothermal energy for
                                             Milford, Utah; and
                                                                                                     pant before costs are reimbursed by the Sec-           building-scale energy storage;
                                               ‘‘(ii) 1 shall be—
                                                                                                     retary.                                                  ‘‘(C) the use of geothermal energy as a grid
                                               ‘‘(I) selected by the Secretary through a
                                                                                                       ‘‘(ii) REQUIREMENTS.—If the Secretary                management resource or seasonal energy
                                             competitive selection process; and
                                                                                                     elects to carry out clause (i) for a dem-              storage;
                                               ‘‘(II) located in a different geologic type
                                                                                                     onstration project, the Secretary shall—                 ‘‘(D) geothermal heat pump efficiency im-
                                             than the existing research site described in
                                                                                                       ‘‘(I) request proposals from eligible enti-          provements;
                                             clause (i).
                                                                                                     ties, as determined by the Secretary, that in-           ‘‘(E) the use of alternative fluids as a heat
                                               ‘‘(C) SITE OPERATION.—
                                                                                                     clude—                                                 exchange medium, such as hot water found
                                               ‘‘(i) INITIAL DURATION.—The FORGE site se-
                                             lected under subparagraph (B)(ii) shall oper-             ‘‘(aa) a business plan;                              in mines and mine shafts, graywater, or
                                             ate for an initial term of not more than 7                ‘‘(bb) technical details; and                        other fluids that may improve the economics
                                             years after the date on which site prepara-               ‘‘(cc) proposed milestones and associated            of geothermal heat pumps;
                                             tion is complete.                                       payments; and                                            ‘‘(F) heating of districts, neighborhoods,
                                               ‘‘(ii) PERFORMANCE METRICS.—The Sec-                    ‘‘(II) select projects—                              communities, large commercial or public
                                             retary shall establish performance metrics                ‘‘(aa) based on the demonstrated ability of          buildings, and industrial and manufacturing
                                             for each FORGE site supported under this                the eligible entity to meet the milestones             facilities;
                                             paragraph, which may be used by the Sec-                and associated payments described in the                 ‘‘(G) the use of water sources at a tempera-
                                             retary to determine whether a FORGE site                proposal of that eligible entity; and                  ture of less than 150 degrees Celsius for di-
                                             should continue to receive funding.                       ‘‘(bb) that have the greatest potential com-         rect use; and
                                               ‘‘(D) ADDITIONAL TERMS.—                              mercial applicability.                                   ‘‘(H) system integration of direct use with
                                               ‘‘(i) IN GENERAL.—At the end of an oper-                ‘‘(iii) AUTHORITY.—Notwithstanding sec-              geothermal electricity production.
                                             ational term described in clause (ii), a                tion 646(g)(10) of the Department of Energy              ‘‘(3) ENVIRONMENTAL IMPACTS.—In carrying
                                             FORGE site may—                                         Organization Act (42 U.S.C. 7256(g)(10)), the          out the program, the Secretary shall identify
                                               ‘‘(I) be transferred to other public or pri-          Secretary shall have the authority to carry            and mitigate potential environmental im-
                                             vate entities for further enhanced geo-                 out clause (i) until the completion of the ini-        pacts in accordance with section 614(c).
                                             thermal testing; or                                     tiative described in subparagraph (A).’’.                ‘‘(d) FINANCIAL ASSISTANCE.—
                                               ‘‘(II) subject to appropriations and a merit            (d) GEOTHERMAL HEAT PUMPS AND DIRECT                   ‘‘(1) IN GENERAL.—The Secretary shall
                                             review by the Secretary, operate for an addi-           USE.—                                                  make financial assistance available to State,
                                             tional term of not more than 7 years.                     (1) IN GENERAL.—Title VI of the Energy               local, and Tribal governments, institutions
                                               ‘‘(ii) OPERATIONAL TERM DESCRIBED.—An                 Independence and Security Act of 2007 is               of higher education, nonprofit entities, Na-
                                             operational term referred to in clause (i)—             amended by inserting after section 616 (42             tional Laboratories, utilities, and for-profit
                                               ‘‘(I) in the case of the FORGE site des-              U.S.C. 17195) the following:                           companies to promote the development of
                                             ignated under subparagraph (B)(i), is the ex-           ‘‘SEC. 616A. GEOTHERMAL HEAT PUMPS AND DI-             geothermal heat pumps and the direct use of
                                             isting operational term; and                                         RECT USE RESEARCH AND DEVEL-              geothermal energy.
                                               ‘‘(II) in the case of the FORGE site selected                      OPMENT.                                     ‘‘(2) PRIORITY.—In providing financial as-
                                             under subparagraph (B)(ii), is the initial                ‘‘(a) PURPOSES.—The purposes of this sec-            sistance under this subsection, the Secretary
                                             term under subparagraph (C) or an addi-                 tion are—                                              shall give priority to proposals that apply to
                                             tional term under clause (i)(II).                         ‘‘(1) to improve the components, processes,          large buildings, commercial districts, and
                                               ‘‘(3) ENHANCED GEOTHERMAL SYSTEMS DEM-                and systems used for geothermal heat pumps             residential communities that are located in
                                             ONSTRATIONS.—                                           and the direct use of geothermal energy; and           economically distressed areas.’’.
                                               ‘‘(A) IN GENERAL.—Beginning on the date of              ‘‘(2) to increase the energy efficiency,               (2) CLERICAL AMENDMENT.—The table of
                                             enactment of the American Energy Innova-                lower the cost, increase the use, and improve          contents in section 1(b) of the Energy Inde-
                                             tion Act of 2020, the Secretary, in collabora-          and demonstrate the applicability of geo-              pendence and Security Act of 2007 (Public
                                             tion with industry partners and institutions            thermal heat pumps to, and the direct use of           Law 110–140; 121 Stat. 1495) is amended by in-
                                             of higher education, shall support an initia-           geothermal energy in, large buildings, com-            serting after the item relating to section 616




dlhill on DSKBBY8HB2PROD with SENATE
                                             tive for demonstration of enhanced geo-                 mercial districts, residential communities,            the following:
                                             thermal systems for power production or di-             and large municipal, agricultural, or indus-           ‘‘Sec. 616A. Geothermal heat pumps and di-
                                             rect use.                                               trial projects.                                                      rect use research and develop-
                                               ‘‘(B) PROJECTS.—                                        ‘‘(b) DEFINITIONS.—In this section:                                ment.’’.
                                               ‘‘(i) IN GENERAL.—Under the initiative de-              ‘‘(1) DIRECT USE OF GEOTHERMAL ENERGY.—                (e) MODIFYING THE DEFINITION OF RENEW-
                                             scribed in subparagraph (A), not less than 4            The term ‘direct use of geothermal energy’             ABLE ENERGY TO INCLUDE THERMAL EN-
                                             demonstration projects shall be carried out             means geothermal systems that use water                ERGY.—




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                                             S1540                                             CONGRESSIONAL RECORD — SENATE                                                           March 5, 2020
                                               (1) IN GENERAL.—Section 203 of the Energy             quired Lands (30 U.S.C. 351 et seq.) that is           tion test project at least 30 days before the
                                             Policy Act of 2005 (42 U.S.C. 15852) is amend-          subject to an approved application for per-            start of drilling under the project.
                                             ed—                                                     mit to drill and from which oil and gas pro-             ‘‘(2) REVIEW AND DETERMINATION.—Not
                                               (A) in subsection (b)(2), by striking ‘‘gen-          duction is occurring may be available for              later than 30 days after receipt of a notice of
                                             erated’’ and inserting ‘‘produced’’; and                noncompetitive leasing under this section to           intent under paragraph (1), the Secretary
                                               (B) in subsection (c)—                                the holder of the oil and gas lease—                   shall, with respect to the project described in
                                               (i) by redesignating paragraphs (1) through             ‘‘(A) on a determination that—                       the notice of intent—
                                             (3) as subparagraphs (A) through (C), respec-             ‘‘(i) geothermal energy will be produced               ‘‘(A) determine if the project is a geo-
                                             tively, and indenting appropriately;                    from a well producing or capable of pro-               thermal resource confirmation test project;
                                               (ii) in the matter preceding subparagraph             ducing oil and gas; and                                  ‘‘(B) notify the leaseholder of such deter-
                                             (A) (as so redesignated), by striking ‘‘For               ‘‘(ii) national energy security will be im-          mination; and
                                             purposes’’ and inserting the following:                 proved by the issuance of such a lease; and              ‘‘(C) provide public notice of the deter-
                                               ‘‘(1) IN GENERAL.—For purposes’’; and                   ‘‘(B) to provide for the coproduction of geo-        mination.
                                               (iii) by adding at the end the following:             thermal energy with oil and gas.’’.                      ‘‘(3) OPPORTUNITY TO REMEDY.—If the Sec-
                                               ‘‘(2) SEPARATE CALCULATION.—                            (j) GEOTHERMAL RESOURCE CONFIRMATION                 retary determines under paragraph (2)(A)
                                               ‘‘(A) IN GENERAL.—For purposes of deter-              TEST PROJECTS.—                                        that the project is not a geothermal resource
                                             mining compliance with the requirement of                 (1) IN GENERAL.—The Geothermal Steam                 confirmation test project, the Secretary
                                             this section, any energy consumption that is            Act of 1970 (30 U.S.C. 1001 et seq.) is amended        shall—
                                             avoided through the use of geothermal en-               by adding at the end the following:                      ‘‘(A) include in such notice clear and de-
                                             ergy shall be considered to be renewable en-            ‘‘SEC. 30. GEOTHERMAL RESOURCE CONFIRMA-
                                                                                                                                                            tailed findings on any deficiencies in the
                                             ergy produced.                                                      TION TEST PROJECTS.                        project that resulted in such determination;
                                               ‘‘(B) EFFICIENCY ACCOUNTING.—Energy con-                                                                     and
                                                                                                       ‘‘(a) DEFINITIONS.—In this section:
                                             sumption that is avoided through the use of                                                                      ‘‘(B) allow the leaseholder to remedy any
                                                                                                       ‘‘(1) EXTRAORDINARY CIRCUMSTANCES.—The
                                             geothermal energy that is considered to be                                                                     such deficiencies and resubmit the notice of
                                                                                                     term ‘extraordinary circumstances’ has the
                                             renewable energy under this section shall                                                                      intent under paragraph (1).’’.
                                                                                                     same meaning given the term in the Depart-
                                             not be considered energy efficiency for the                                                                      (2) REPEAL.—The Geothermal Energy Re-
                                                                                                     ment of the Interior Departmental Manual,
                                             purpose of compliance with Federal energy                                                                      search, Development, and Demonstration
                                                                                                     516 DM 2.3A(3) and 516 DM 2, Appendix 2 (or
                                             efficiency goals, targets, and incentives.’’.                                                                  Act of 1974 (30 U.S.C. 1101 et seq.) is repealed.
                                                                                                     successor provisions).                                   (k) PROGRAM TO IMPROVE FEDERAL GEO-
                                               (2)      CONFORMING     AMENDMENT.—Section              ‘‘(2) GEOTHERMAL RESOURCE CONFIRMATION               THERMAL PERMIT COORDINATION.—
                                             2410q(a) of title 10, United States Code, is            TEST PROJECT.—The term ‘geothermal re-                   (1) DEFINITIONS.—In this subsection:
                                             amended by striking ‘‘section 203(b)(2) of the          source confirmation test project’ means a                (A)     PROGRAM.—The      term     ‘‘Program’’
                                             Energy Policy Act of 2005 (42 U.S.C.                    project of drilling not more than 3 wells into         means the Geothermal Energy Permitting
                                             15852(b)(2))’’ and inserting ‘‘section 203(b) of        a reservoir to test or explore for geothermal          Coordination Program established under
                                             the Energy Policy Act of 2005 (42 U.S.C.                resources—                                             paragraph (2).
                                             15852(b))’’.                                              ‘‘(A) on land for which the Secretary has              (B) SECRETARY.—The term ‘‘Secretary’’
                                               (f) AUTHORIZATION OF APPROPRIATIONS.—                 issued a lease under this Act; and
                                             Section 623 of the Energy Independence and                                                                     means the Secretary of the Interior.
                                                                                                       ‘‘(B) that—                                            (2) ESTABLISHMENT OF PROGRAM.—Not later
                                             Security Act of 2007 (42 U.S.C. 17202) is                 ‘‘(i) is carried out by the holder of the
                                             amended by striking ‘‘$90,000,000’’ in the first                                                               than 90 days after the date of enactment of
                                                                                                     lease;                                                 this Act, the Secretary shall establish a pro-
                                             sentence and all that follows through the pe-             ‘‘(ii) allows for well testing, such as to con-
                                             riod at the end of the second sentence and in-                                                                 gram, to be known as the ‘‘Geothermal En-
                                                                                                     firm temperature, pressure, chemistry, flow            ergy Permitting Coordination Program’’, to
                                             serting the following: ‘‘$165,000,000 for each of       rate, and near-wellbore and overall reservoir
                                             fiscal years 2021 through 2025, of which—                                                                      improve Federal permit coordination and re-
                                                                                                     permeability;                                          duce regulatory timelines with respect to
                                               ‘‘(1) $5,000,000 each fiscal year shall be for          ‘‘(iii) causes—                                      geothermal energy projects on Federal land
                                             the prize competition under section 614(e);               ‘‘(I) less than 2.5 acres of soil or vegetation      by increasing the expertise of officials ad-
                                             and                                                     disruption at the location of each geo-                ministering and approving permits.
                                               ‘‘(2) $1,000,000 each fiscal year shall be for        thermal exploration well; and                            (3) ESTABLISHMENT OF PROGRAM OFFICES.—
                                             the drilling data repository under section                ‘‘(II) not more than an additional 5 acres of        To carry out the Program, the Secretary
                                             614(f).’’.                                              soil or vegetation disruption during access to
                                               (g) REAUTHORIZATION OF HIGH COST REGION                                                                      shall establish 1 or more Program offices at
                                                                                                     or egress from the test site;                          State or district offices of the Department of
                                             GEOTHERMAL ENERGY GRANT PROGRAM.—Sec-
                                                                                                       ‘‘(iv) is less than 9 inches in bottom-hole          the Interior.
                                             tion 625 of the Energy Independence and Se-
                                                                                                     diameter;                                                (4) MEMORANDUM OF UNDERSTANDING.—
                                             curity Act of 2007 (42 U.S.C. 17204) is amend-
                                                                                                       ‘‘(v) is developed—                                    (A) IN GENERAL.—Not later than 90 days
                                             ed—
                                                                                                       ‘‘(I) in a manner that does not require off-         after the date of enactment of this Act, the
                                               (1) in subsection (a)(2), by inserting ‘‘or
                                                                                                     road motorized access other than to and                Secretary shall enter into a memorandum of
                                             heat’’ after ‘‘electrical power’’; and
                                                                                                     from the well site along an identified off-            understanding for purposes of this subsection
                                               (2) by striking subsection (e) and inserting
                                                                                                     road route; and                                        with—
                                             the following:
                                               ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—                 ‘‘(II) without the use of high-pressure well           (i) the Secretary of Agriculture;
                                             There is authorized to be appropriated to               stimulation;                                             (ii) the Administrator of the Environ-
                                             carry out this section $5,000,000 for each of             ‘‘(vi) includes the removal of any surface           mental Protection Agency; and
                                             fiscal years 2021 through 2025.’’.                      infrastructure other than the wellhead from              (iii) the Secretary of Defense.
                                               (h) NATIONAL GOALS FOR PRODUCTION ON                  the site not later than 90 days after the                (B) STATE PARTICIPATION.—The Secretary
                                             FEDERAL LAND.—                                          project is completed; and                              may request that the Governor of any State
                                               (1) IN GENERAL.—Not later than September                ‘‘(vii) requires, not later than 42 months           be a signatory to the memorandum of under-
                                             1, 2022, the Secretary of the Interior shall, in        after the date on which the first exploration          standing under subparagraph (A).
                                             consultation with the Secretary, the Sec-               drilling began, the restoration of the project           (5) DESIGNATION OF QUALIFIED STAFF.—
                                             retary of Agriculture, and other heads of rel-          site to approximately the condition that ex-             (A) IN GENERAL.—Not later than 30 days
                                             evant Federal agencies, establish national              isted at the time the project begins, unless           after the date on which the memorandum of
                                             goals for geothermal energy capacity on pub-            the site is subsequently used as part of an            understanding under paragraph (4) is exe-
                                             lic land.                                               energy development under the lease.                    cuted, all Federal signatories, as appro-
                                               (2) GEOTHERMAL ENERGY DEVELOPMENT.—                     ‘‘(b) CATEGORICAL EXCLUSION.—Unless ex-              priate, shall assign to each Program office
                                             The Director of the Bureau of Land Manage-              traordinary circumstances exist, a project             established under paragraph (3) 1 or more
                                             ment, in consultation with other appropriate            that the Secretary determines under sub-               employees who have expertise in the regu-
                                             Federal officials, shall take any actions that          section (c) is a geothermal resource con-              latory issues relating to the office or agency
                                             the Director of the Bureau of Land Manage-              firmation test project shall be categorically          in which the employee is employed, includ-
                                             ment determines necessary to facilitate geo-            excluded from the requirements for an envi-            ing, as applicable, particular expertise in—
                                             thermal energy development, consistent                  ronmental assessment or an environmental                 (i) consultation regarding, and preparation
                                             with applicable laws.                                   impact statement under the National Envi-              of, biological opinions under section 7 of the
                                               (i) FACILITATION OF COPRODUCTION OF GEO-              ronmental Policy Act of 1969 (42 U.S.C. 4321           Endangered Species Act of 1973 (16 U.S.C.
                                             THERMAL ENERGY ON OIL AND GAS LEASES.—                  et seq.) or section 1508.4 of title 40, Code of        1536);




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                                             Section 4(b) of the Geothermal Steam Act of             Federal Regulations (or a successor regula-              (ii) permits under section 404 of the Fed-
                                             1970 (30 U.S.C. 1003(b)) is amended by adding           tion).                                                 eral Water Pollution Control Act (33 U.S.C.
                                             at the end the following:                                 ‘‘(c) PROCESS.—                                      1344);
                                               ‘‘(4) LAND SUBJECT TO OIL AND GAS LEASE.—               ‘‘(1) REQUIREMENT TO PROVIDE NOTICE.—A                 (iii) regulatory matters under the Clean
                                             Land under an oil and gas lease issued pursu-           leaseholder shall provide notice to the Sec-           Air Act (42 U.S.C. 7401 et seq.);
                                             ant to the Mineral Leasing Act (30 U.S.C. 181           retary of the intent of the leaseholder to               (iv) the Federal Land Policy and Manage-
                                             et seq.) or the Mineral Leasing Act for Ac-             carry out a geothermal resource confirma-              ment Act of 1976 (43 U.S.C. 1701 et seq.);




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1541
                                               (v) planning under section 14 of the Na-                 (L) any other entity, as determined by the            (IV) radar; and
                                             tional Forest Management Act of 1976 (16                Secretary; and                                           (V) wildlife and wildlife habitats.
                                             U.S.C. 472a);                                              (M) a consortium of 2 or more entities de-            (vii) To address barriers to the commer-
                                               (vi) developing geothermal resources under            scribed in subparagraphs (A) through (L).              cialization and export of wind energy tech-
                                             the Geothermal Steam Act of 1970 (30 U.S.C.                (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’         nologies.
                                             1001 et seq.); and                                      has the meaning given the term in section 4              (viii) To support the domestic wind indus-
                                               (vii) the preparation of analyses under the           of the Indian Self-Determination and Edu-              try, workforce, and supply chain.
                                             National Environmental Policy Act of 1969               cation Assistance Act (25 U.S.C. 5304).                  (C) TARGETS.—Not later than 180 days after
                                             (42 U.S.C. 4321 et seq.).                                  (4) INSTITUTION OF HIGHER EDUCATION.—The            the date of enactment of this Act, the Sec-
                                               (B) DUTIES.—Each employee assigned                    term ‘‘institution of higher education’’ has           retary shall establish targets for the pro-
                                             under subparagraph (A) shall—                           the meaning given the term in section 101 of           gram relating to near-term (up to 2 years),
                                               (i) not later than 90 days after the date on          the Higher Education Act of 1965 (20 U.S.C.            mid-term (up to 7 years), and long-term (up
                                             which the employee is assigned, report to the           1001).                                                 to 15 years) challenges to the advancement
                                             State Director of the Bureau of Land Man-                  (5) NATIVE HAWAIIAN COMMUNITY-BASED OR-             of wind energy technologies, including on-
                                             agement for the State in which the office to            GANIZATION.—The term ‘‘Native Hawaiian                 shore, offshore, distributed, and off-grid
                                             which the employee is assigned is located;              community-based organization’’ has the                 technologies.
                                               (ii) be responsible for all issues relating to        meaning given the term in section 6207 of the            (2) ACTIVITIES.—
                                             the jurisdiction of the home office or agency           Elementary and Secondary Education Act of                (A) TYPES OF ACTIVITIES.—In carrying out
                                             of the employee; and                                    1965 (20 U.S.C. 7517).                                 the program, the Secretary shall carry out
                                               (iii) participate as part of the team of per-            (6) PROGRAM.—The term ‘‘program’’ means             research, development, demonstration, and
                                             sonnel working on proposed energy projects,             the program established under subsection               commercialization activities, including—
                                             planning, and environmental analyses.                   (b)(1).                                                  (i) awarding grants and awards, on a com-
                                               (6) ADDITIONAL PERSONNEL.—The Secretary                  (7) TERRITORY OR FREELY ASSOCIATED                  petitive, merit-reviewed basis;
                                             shall assign to each Program office any addi-           STATE.—The term ‘‘territory or freely associ-            (ii) performing precompetitive research
                                             tional personnel that are necessary to ensure           ated state’’ has the meaning given the term            and development;
                                             the effective implementation of—                        ‘‘insular area’’ in section 1404 of the Food             (iii) establishing or maintaining dem-
                                               (A) the Program; and                                  and Agriculture Act of 1977 (7 U.S.C. 3103).           onstration facilities and projects, including
                                               (B) any program administered by the Pro-                 (8) TRIBAL ENERGY DEVELOPMENT ORGANIZA-             through stewardship of existing facilities
                                             gram office, including inspection and en-               TION.—The term ‘‘tribal energy development             such as the National Wind Test Center;
                                             forcement relating to energy development on             organization’’ has the meaning given the                 (iv) providing technical assistance;
                                             Federal land, in accordance with the mul-               term in section 2601 of the Energy Policy Act            (v) entering into contracts and cooperative
                                             tiple use mandate of the Federal Land Policy            of 1992 (25 U.S.C. 3501).                              agreements;
                                             and Management Act of 1976 (43 U.S.C. 1701 et              (9) TRIBAL ORGANIZATION.—The term ‘‘trib-             (vi) providing small business vouchers;
                                             seq.).                                                  al organization’’ has the meaning given the              (vii) conducting education and outreach
                                               (7) TRANSFER OF FUNDS.—To facilitate the              term in section 4 of the Indian Self-Deter-            activities;
                                             coordination and processing of geothermal               mination and Education Assistance Act (25                (viii) conducting workforce development
                                             permits on Federal land under the adminis-              U.S.C. 5304).                                          activities; and
                                             tration of a Program office, the Secretary                 (b) WIND ENERGY TECHNOLOGY PROGRAM.—                  (ix) conducting analyses, studies, and re-
                                             may authorize the expenditure or transfer of               (1) ESTABLISHMENT.—                                 ports.
                                             any funds that are necessary to—                           (A) IN GENERAL.—The Secretary shall es-               (B) SUBJECT AREAS.—The Secretary shall
                                               (A) the United States Fish and Wildlife               tablish a program to conduct research, devel-          carry out research, development, testing,
                                             Service;                                                opment, testing, evaluation, demonstration,            evaluation, demonstration, and commer-
                                               (B) the Bureau of Indian Affairs;                     and commercialization of wind energy tech-             cialization activities in the following subject
                                               (C) the Forest Service;                               nologies in accordance with this subsection.           areas:
                                               (D) the Environmental Protection Agency;                 (B) PURPOSES.—The purposes of the pro-                (i) Wind power plant performance, oper-
                                               (E) the Corps of Engineers;                           gram are the following:                                ations, and security.
                                               (F) the Department of Defense; or                        (i) To improve the energy efficiency, cost            (ii) New materials and designs relating to
                                               (G) any State in which a geothermal                   effectiveness, reliability, resilience, secu-          all hardware, software, and components of
                                             project is located.                                     rity, integration, manufacturability, and              wind energy technologies, including alter-
                                               (8) REPORTS.—Not later than 3 years after             recyclability of wind energy technologies.             natives to minerals and other commodities
                                             the date of enactment of this Act, the Sec-                (ii) To optimize the performance and oper-          from foreign sources that are determined to
                                             retary shall submit to Congress a report that           ation of wind energy components, turbines,             be vulnerable to disruption.
                                             describes—                                              and systems, including through the develop-              (iii) Advanced wind energy manufacturing
                                               (A) the progress of the Program; and                  ment of new materials, hardware, and soft-             technologies and practices, including mate-
                                               (B) any problems relating to leasing, per-            ware.                                                  rials, processes, and design.
                                             mitting, or siting with respect to geothermal              (iii) To optimize the design and adapt-               (iv) Offshore wind-specific projects and
                                             energy development on Federal land.                     ability of wind energy technologies to the             plants, including—
                                               (9) SAVINGS CLAUSE.—Nothing in this sub-              broadest practical range of geographic, at-              (I) the deep water floating systems, mate-
                                             section affects—                                        mospheric, offshore, and other site condi-             rials, components, and operation of offshore
                                               (A) the operation of any Federal or State             tions, including—                                      facilities; and
                                             law; or                                                    (I) at varying hub heights; and                       (II) the monitoring and analysis of site and
                                               (B) any delegation of authority made by                  (II) through the use of computer modeling.          environmental considerations unique to off-
                                             the head of a Federal agency any employee                  (iv) To support the integration of wind en-         shore sites.
                                             of which is participating in the Program.               ergy technologies with—                                  (v) Integration of wind energy technologies
                                             SEC. 1204. WIND ENERGY RESEARCH AND DEVEL-                 (I) the electric grid, including trans-             with—
                                                         OPMENT.                                     mission, distribution, microgrids, and dis-              (I) the electric grid, including trans-
                                               (a) DEFINITIONS.—In this section:                     tributed energy systems; and                           mission, distribution, microgrids, and dis-
                                               (1) ECONOMICALLY DISTRESSED AREA.—The                    (II) other energy technologies and systems,         tributed energy systems; and
                                             term ‘‘economically distressed area’’ means             such as—                                                 (II) other energy technologies, including—
                                             an area described in section 301(a) of the                 (aa) other generation sources;                        (aa) other generation sources;
                                             Public Works and Economic Development                      (bb) demand response technologies;                    (bb) demand response technologies; and
                                             Act of 1965 (42 U.S.C. 3161(a)).                           (cc) energy storage technologies; and                 (cc) energy storage technologies.
                                               (2) ELIGIBLE ENTITY.—The term ‘‘eligible                 (dd) hybrid systems.                                  (vi) Methods to improve the lifetime,
                                             entity’’ means—                                            (v) To reduce the cost and risk across the          maintenance, recycling, and reuse of wind
                                               (A) an institution of higher education;               lifespan of wind energy technologies, includ-          energy components and systems.
                                               (B) a National Laboratory;                            ing—                                                     (vii) Wind power forecasting and atmos-
                                               (C) a Federal research agency;                           (I) manufacturing, permitting, construc-            pheric measurement systems, including for
                                               (D) a State research agency;                          tion, operations, maintenance, and recy-               turbines and plant systems of varying
                                               (E) a research agency associated with a               cling; and                                             height.
                                             territory or freely associated state;                      (II) through the development of solutions             (viii) Hybrid wind energy systems, grid-
                                               (F) a tribal energy development organiza-             to transportation barriers to wind compo-              connected and off-grid, that incorporate di-




dlhill on DSKBBY8HB2PROD with SENATE
                                             tion;                                                   nents.                                                 verse—
                                               (G) an Indian tribe;                                     (vi) To reduce and mitigate any potential             (I) generation sources;
                                               (H) a tribal organization;                            negative impacts of wind energy tech-                    (II) loads; and
                                               (I) a Native Hawaiian community-based or-             nologies on—                                             (III) storage technologies.
                                             ganization;                                                (I) human communities;                                (ix) Reducing, including through education
                                               (J) a nonprofit research organization;                   (II) military operations;                           and outreach activities, market barriers to
                                               (K) an industrial entity;                                (III) aviation;                                     the adoption of wind energy technologies,




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                                             S1542                                             CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                             such as impacts on, or challenges relating                (6) AUTHORIZATION OF APPROPRIATIONS.—                   (7) PROGRAM.—The term ‘‘program’’ means
                                             to—                                                     There is authorized to be appropriated to the          the program established under subsection
                                               (I) distributed wind technologies, including          Secretary to carry out the program                     (b)(1)(A).
                                             the development of best practices, models,              $120,000,000 for each of fiscal years 2021                (8) SOLAR ENERGY.—The term ‘‘solar en-
                                             and voluntary streamlined processes for                 through 2025.                                          ergy’’ means—
                                             local permitting of distributed wind energy               (c) CONFORMING AMENDMENTS.—                             (A) thermal or electric energy derived from
                                             systems to reduce costs;                                  (1) Section 4 of the Renewable Energy and            radiation from the Sun; or
                                               (II) airspace;                                        Energy Efficiency Technology Competitive-                 (B) energy resulting from a chemical reac-
                                               (III) military uses;                                  ness Act of 1989 (42 U.S.C. 12003) is amended—         tion caused by radiation recently originated
                                               (IV) radar;                                             (A) in the section heading by striking               in the Sun.
                                               (V) local communities;                                ‘‘WIND,’’;                                                (9) TERRITORY OR FREELY ASSOCIATED
                                               (VI) wildlife and wildlife habitats; and                (B) in subsection (a)—                               STATE.—The term ‘‘territory or freely associ-
                                               (VII) any other appropriate matter, as de-              (i) in the matter preceding paragraph (1),           ated state’’ has the meaning given the term
                                             termined by the Secretary.                              by striking ‘‘wind,’’;                                 ‘‘insular area’’ in section 1404 of the Food
                                               (x) Advanced physics-based and data anal-               (ii) by striking paragraph (1); and                  and Agriculture Act of 1977 (7 U.S.C. 3103).
                                                                                                       (iii) by redesignating paragraphs (2)                   (10) TRIBAL ENERGY DEVELOPMENT ORGANI-
                                             ysis computational tools, in coordination
                                                                                                     through (5) as paragraphs (1) through (4), re-         ZATION.—The term ‘‘tribal energy develop-
                                             with the high-performance computing pro-
                                                                                                     spectively; and                                        ment organization’’ has the meaning given
                                             grams of the Department.
                                                                                                       (C) in subsection (c), in the matter pre-            the term in section 2601 of the Energy Policy
                                               (xi) Technologies for distributed wind, in-
                                                                                                     ceding paragraph (1), by striking ‘‘the Wind           Act of 1992 (25 U.S.C. 3501).
                                             cluding micro, small, and medium turbines               Energy Research Program,’’.                               (11) TRIBAL ORGANIZATION.—The term ‘‘trib-
                                             and the components of those turbines.                     (2) Section 931(a)(2) of the Energy Policy           al organization’’ has the meaning given the
                                               (xii) Transformational technologies for               Act of 2005 (42 U.S.C. 16231(a)(2)) is amend-          term in section 4 of the Indian Self-Deter-
                                             harnessing wind energy.                                 ed—                                                    mination and Education Assistance Act (25
                                               (xiii) Other research areas that advance                (A) by striking subparagraph (B); and                U.S.C. 5304).
                                             the purposes of the program, as determined                (B) by redesignating subparagraphs (C)                  (b) SOLAR ENERGY TECHNOLOGY PROGRAM.—
                                             by the Secretary.                                       through (E) as subparagraphs (B) through                  (1) ESTABLISHMENT.—
                                               (C) PRIORITIZATION.—In carrying out ac-               (D), respectively.                                        (A) IN GENERAL.—The Secretary shall es-
                                             tivities under the program, the Secretary                 (3) Section 636 of the Energy Independence           tablish a program to conduct research, devel-
                                             shall give priority to projects that—                   and Security Act of 2007 (42 U.S.C. 17215) is          opment, testing, evaluation, demonstration,
                                               (i) are located in geographically diverse re-         amended by striking ‘‘section 931(a)(2)(E)(i)’’        and commercialization of solar energy tech-
                                             gions of the United States;                             and all that follows through the period at             nologies in accordance with this subsection.
                                               (ii) support the development or demonstra-            the end and inserting ‘‘subparagraph (D)(i) of            (B) PURPOSES.—The purposes of the pro-
                                             tion of projects—                                       section 931(a)(2) of the Energy Policy Act of          gram are the following:
                                               (I) in collaboration with tribal energy de-           2005 (42 U.S.C. 16231(a)(2)).’’.                          (i) To improve the energy efficiency, cost
                                             velopment organizations, Indian tribes, trib-           SEC. 1205. SOLAR ENERGY RESEARCH AND DE-               effectiveness, reliability, resilience, secu-
                                             al organizations, Native Hawaiian commu-                            VELOPMENT.                                 rity, integration, manufacturability, and
                                             nity-based organizations, or territories or               (a) DEFINITIONS.—In this section:                    recyclability of solar energy technologies.
                                             freely associated states; or                              (1) ECONOMICALLY DISTRESSED AREA.—The                   (ii) To optimize the performance and oper-
                                               (II) in economically distressed areas;                term ‘‘economically distressed area’’ means            ation of solar energy components, cells, and
                                               (iii) can be replicated in a variety of re-           an area described in section 301(a) of the             systems, and enabling technologies, includ-
                                             gions and climates; and                                 Public Works and Economic Development                  ing through the development of new mate-
                                               (iv) include business commercialization               Act of 1965 (42 U.S.C. 3161(a)).                       rials, hardware, and software.
                                             plans that have the potential for—                        (2) ELIGIBLE ENTITY.—The term ‘‘eligible                (iii) To optimize the design and adapt-
                                               (I) domestic manufacturing and production             entity’’ means—                                        ability of solar energy systems to the broad-
                                             of wind energy technologies; or                           (A) an institution of higher education;              est practical range of geographic and atmos-
                                               (II) exports of wind energy technologies.               (B) a National Laboratory;                           pheric conditions.
                                               (D) COORDINATION.—To the maximum ex-                    (C) a Federal research agency;                          (iv) To support the integration of solar en-
                                             tent practicable, the Secretary shall coordi-             (D) a State research agency;                         ergy technologies with the electric grid and
                                             nate activities under the program with other              (E) a research agency associated with a              complementary energy technologies.
                                             relevant programs and capabilities of the De-           territory or freely associated state;                     (v) To create and improve the conversion
                                             partment and other Federal research pro-                  (F) a tribal energy development organiza-            of solar energy to other useful forms of en-
                                             grams.                                                  tion;                                                  ergy or other products.
                                               (3) WIND TECHNICIAN TRAINING GRANT PRO-                 (G) an Indian tribe;                                    (vi) To reduce and mitigate any potential
                                             GRAM.—The Secretary may award grants, on                  (H) a tribal organization;                           negative impacts of solar energy tech-
                                             a competitive basis, to eligible entities to              (I) a Native Hawaiian community-based or-            nologies on humans, wildlife, and wildlife
                                             purchase large pieces of wind component                 ganization;                                            habitats.
                                             equipment, such as nacelles, towers, and                  (J) a nonprofit research organization;                  (vii) To address barriers to the commer-
                                             blades, for use in training wind technician               (K) an industrial entity;                            cialization and export of solar energy tech-
                                             students in onshore or offshore wind applica-             (L) any other entity, as determined by the           nologies.
                                             tions.                                                  Secretary; and                                            (viii) To support the domestic solar indus-
                                               (4) WAGES.—Notwithstanding any other                    (M) a consortium of 2 or more entities de-           try, workforce, and supply chain.
                                             provision of law, all laborers and mechanics            scribed in subparagraphs (A) through (L).                 (C) TARGETS.—Not later than 180 days after
                                             employed by contractors or subcontractors                 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’          the date of enactment of this Act, the Sec-
                                             on projects funded by grants under this sub-            has the meaning given the term in section 4            retary shall establish targets for the pro-
                                             section shall be paid wages at rates not less           of the Indian Self-Determination and Edu-              gram to address near-term (up to 2 years),
                                             than those prevailing on projects of a similar          cation Assistance Act (25 U.S.C. 5304).                mid-term (up to 7 years), and long-term (up
                                             character in the locality, as determined by               (4) INSTITUTION OF HIGHER EDUCATION.—The             to 15 years) challenges to the advancement
                                             the Secretary of Labor, in accordance with              term ‘‘institution of higher education’’ has           of solar energy systems.
                                             subchapter IV of chapter 31 of title 40,                the meaning given the term in section 101 of              (2) ACTIVITIES.—
                                             United States Code.                                     the Higher Education Act of 1965 (20 U.S.C.               (A) TYPES OF ACTIVITIES.—In carrying out
                                               (5) WIND ENERGY PROGRAM STRATEGIC VI-                 1001).                                                 the program, the Secretary shall carry out
                                             SION.—                                                    (5) NATIVE HAWAIIAN COMMUNITY-BASED OR-              research, development, demonstration, and
                                               (A) IN GENERAL.—Not later than September              GANIZATION.—The term ‘‘Native Hawaiian                 commercialization activities, including—
                                             1, 2022, and every 6 years thereafter, the Sec-         community-based organization’’ has the                    (i) awarding grants and awards, on a com-
                                             retary shall submit to Congress a report on             meaning given the term in section 6207 of the          petitive, merit-reviewed basis;
                                             the strategic vision, progress, goals, and tar-         Elementary and Secondary Education Act of                 (ii) performing precompetitive research
                                             gets of the program, including assessments              1965 (20 U.S.C. 7517).                                 and development;
                                             of wind energy markets and manufacturing.                 (6) PHOTOVOLTAIC DEVICE.—The term ‘‘pho-                (iii) establishing or maintaining dem-
                                               (B) PREPARATION.—The Secretary shall co-              tovoltaic device’’ means—                              onstration facilities and projects, including
                                             ordinate the preparation of the report under              (A) a device that converts light directly            through stewardship of existing facilities;




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                                             subparagraph (A) with—                                  into electricity through a solid-state, semi-             (iv) providing technical assistance;
                                               (i) existing peer review processes;                   conductor process;                                        (v) entering into contracts and cooperative
                                               (ii) studies conducted by the National Lab-             (B) the photovoltaic cells of a device de-           agreements;
                                             oratories; and                                          scribed in subparagraph (A); and                          (vi) providing small business vouchers;
                                               (iii) the multiyear program planning re-                (C) the electronic and electrical compo-                (vii) establishing prize competitions;
                                             quired under section 994 of the Energy Policy           nents of a device described in subparagraph               (viii) conducting education and outreach
                                             Act of 2005 (42 U.S.C. 16358).                          (A).                                                   activities; and




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                      S1543
                                               (ix) conducting analyses, studies, and re-            partment and other Federal research pro-                 (5) SOLAR ENERGY TECHNOLOGY MATERIALS
                                             ports.                                                  grams.                                                 PHYSICAL PROPERTY DATABASE.—
                                               (B) SUBJECT AREAS.—The Secretary shall                  (E) USE OF FUNDS.—To the extent that                   (A) IN GENERAL.—Not later than September
                                             carry out research, development, testing,               funding is not otherwise available through             1, 2022, the Secretary shall establish a com-
                                             evaluation, demonstration, and commer-                  other Federal programs or power purchase               prehensive physical property database of ma-
                                             cialization activities in the following subject         agreements, funding awarded under this                 terials for use in solar energy technologies,
                                             areas:                                                  paragraph may be used for additional non-              which shall identify the type, quantity,
                                               (i) Advanced solar energy technologies, in-           technology costs, as determined to be appro-           country of origin, source, significant uses,
                                             cluding—                                                priate by the Secretary, such as engineering           and physical properties of materials used in
                                               (I) new materials, components, designs,               or feasibility studies.                                solar energy technologies.
                                             and systems, including perovskites;                       (3) ADVANCED SOLAR ENERGY MANUFAC-                     (B) COORDINATION.—In establishing the
                                               (II) advanced photovoltaic and thin-film              TURING INITIATIVE.—                                    database described in subparagraph (A), the
                                             devices;                                                  (A) GRANTS.—In addition to the program               Secretary shall coordinate with—
                                               (III) concentrated solar power;                       activities described in paragraph (2), in car-           (i) the Director of the National Institute of
                                               (IV) solar heating and cooling; and                   rying out the program, the Secretary shall             Standards and Technology;
                                               (V) enabling technologies for solar energy            award multiyear grants to eligible entities              (ii) the Administrator of the Environ-
                                             systems, including hardware and software.               for research, development, and demonstra-              mental Protection Agency;
                                               (ii) Solar energy technology performance,             tion projects to advance new solar energy                (iii) the Secretary of the Interior; and
                                             operations, and security.                               manufacturing technologies and techniques.
                                                                                                                                                              (iv) relevant industry stakeholders, as de-
                                               (iii) Integration of solar energy tech-                 (B) PRIORITY.—In awarding grants under
                                                                                                                                                            termined by the Secretary.
                                             nologies with—                                          subparagraph (A), to the extent practicable,
                                                                                                                                                              (6) SOLAR ENERGY TECHNOLOGY PROGRAM
                                               (I) the electric grid, including trans-               the Secretary shall give priority to solar en-
                                                                                                                                                            STRATEGIC VISION.—
                                             mission, distribution, microgrids, and dis-             ergy manufacturing projects that—
                                                                                                                                                              (A) IN GENERAL.—Not later than September
                                             tributed energy systems;                                  (i) increase efficiency and cost effective-
                                               (II) other energy technologies, including—            ness in—                                               1, 2022, and every 6 years thereafter, the Sec-
                                               (aa) other generation sources;                          (I) the manufacturing process; and                   retary shall submit to Congress a report on
                                               (bb) demand response technologies; and                  (II) the use of resources.                           the strategic vision, progress, goals, and tar-
                                               (cc) energy storage technologies; and                   (ii) support domestic supply chains for ma-          gets of the program, including assessments
                                               (III) other nonelectric applications, such as         terials and components;                                of solar energy markets and manufacturing.
                                             in the agriculture, transportation, indus-                (iii) identify and incorporate nonhazardous            (B) PREPARATION.—The Secretary shall co-
                                             trial, and fuels sectors.                               alternative materials for components and de-           ordinate the preparation of the report under
                                               (iv) Advanced solar energy manufacturing              vices;                                                 subparagraph (A) with—
                                             technologies and practices, including mate-               (iv) operate in partnership with tribal en-            (i) existing peer review processes;
                                             rials, processes, and design.                           ergy development organizations, Indian                   (ii) studies conducted by the National Lab-
                                               (v) Methods to improve the lifetime, main-            tribes, tribal organizations, Native Hawaiian          oratories; and
                                             tenance, recycling, and reuse of solar energy           community-based organizations, or terri-                 (iii) the multiyear program planning re-
                                             components and systems.                                 tories or freely associated states; or                 quired under section 994 of the Energy Policy
                                               (vi) Solar energy forecasting, modeling,                (v) are located in economically distressed           Act of 2005 (42 U.S.C. 16358).
                                             and atmospheric measurement systems, in-                areas.                                                   (7) AUTHORIZATION OF APPROPRIATIONS.—
                                             cluding for small-scale, large-scale, and ag-             (C) EVALUATION.—Not later than 3 years               There is authorized to be appropriated to the
                                             gregated systems.                                       after the date of enactment of this Act, and           Secretary to carry out the program
                                               (vii) Hybrid solar energy systems that in-            every 4 years thereafter, the Secretary shall          $270,000,000 for each of fiscal years 2021
                                             corporate diverse—                                      conduct, and make available to the public              through 2025.
                                               (I) generation sources;                               and the relevant committees of Congress, an
                                                                                                                                                               (c) CONFORMING AMENDMENTS.—
                                               (II) loads; and                                       independent review of the progress of the
                                                                                                                                                               (1) The Solar Energy Research, Develop-
                                               (III) storage technologies.                           grants awarded under subparagraph (A).
                                                                                                                                                            ment, and Demonstration Act of 1974 (42
                                               (viii) Reducing market barriers to the                  (4) SOLAR ENERGY TECHNOLOGY RECYCLING
                                                                                                                                                            U.S.C. 5551 et seq.) is repealed.
                                             adoption of solar energy technologies, in-              RESEARCH, DEVELOPMENT, AND DEMONSTRA-
                                                                                                                                                               (2) Section 6(b)(3) of the Federal Non-
                                             cluding impacts on, or challenges relating              TION PROGRAM.—
                                             to—                                                       (A) IN GENERAL.—In addition to the pro-              nuclear Energy Research and Development
                                               (I) distributed solar technologies, includ-           gram activities described in paragraph (2), in         Act of 1974 (42 U.S.C. 5905(b)(3)) is amended—
                                             ing the development of best practices, mod-             carrying out the program, the Secretary                   (A) by striking subparagraph (L); and
                                             els, and voluntary streamlined processes for            shall award multiyear grants to eligible enti-            (B) by redesignating subparagraphs (M)
                                             local permitting of distributed solar energy            ties for research, development, and dem-               through (S) as subparagraphs (L) through
                                             systems to reduce costs;                                onstration projects to create innovative and           (R), respectively.
                                               (II) local communities;                               practical approaches to increase the reuse                (3) The Solar Photovoltaic Energy Re-
                                               (III) wildlife and wildlife habitats; and             and recycling of solar energy technologies,            search, Development, and Demonstration
                                               (IV) any other appropriate matter, as de-             including—                                             Act of 1978 (42 U.S.C. 5581 et seq.) is repealed.
                                             termined by the Secretary.                                (i) by increasing the efficiency and cost ef-           (4) Section 4 of the Renewable Energy and
                                               (ix) Transformational technologies for har-           fectiveness of the recovery of raw materials           Energy Efficiency Technology Competitive-
                                             nessing solar energy.                                   from solar energy technology components                ness Act of 1989 (42 U.S.C. 12003) is amended—
                                               (x) Other research areas that advance the             and systems, including enabling technologies              (A) in the section heading, by striking
                                             purposes of the program, as determined by               such as inverters;                                     ‘‘PHOTOVOLTAICS, AND SOLAR THERMAL’’ and in-
                                             the Secretary.                                            (ii) by minimizing environmental impacts             serting ‘‘ALCOHOL FROM BIOMASS AND OTHER
                                               (C) PRIORITIZATION.—In carrying out ac-               from the recovery and disposal processes;              TECHNOLOGY’’;
                                             tivities under the program, the Secretary                 (iii) by addressing any barriers to the re-             (B) in subsection (a)—
                                             shall give priority to projects that—                   search, development, demonstration, and                   (i) in the matter preceding paragraph (1)
                                               (i) are located in a geographically diverse           commercialization of technologies and proc-            (as redesignated by section 1204(c)(1)(B)(iii)),
                                             range of eligible entities;                             esses for the disassembly and recycling of             by striking ‘‘photovoltaics, and solar ther-
                                               (ii) support the development or demonstra-            solar energy devices;                                  mal energy’’ and inserting ‘‘alcohol from bio-
                                             tion of projects—                                         (iv) by developing alternative materials,            mass and other energy technology’’;
                                               (I) in collaboration with tribal energy de-           designs, manufacturing processes, and other               (ii) by striking paragraphs (1) and (2) (as
                                             velopment organizations, Indian tribes, trib-           aspects of solar energy technologies and the           redesignated by section 1204(c)(1)(B)(iii)); and
                                             al organizations, Native Hawaiian commu-                disassembly and resource recovery process                 (iii) by redesignating paragraphs (3) and (4)
                                             nity-based organizations, or territories or             that enable efficient, cost effective, and en-         (as redesignated by section 1204(c)(1)(B)(iii))
                                             freely associated states; or                            vironmentally responsible disassembly of,              as paragraphs (1) and (2), respectively; and
                                               (II) in economically distressed areas;                and resource recovery from, solar energy                  (C) in subsection (c)—
                                               (iii) can be replicated in a variety of re-           technologies; and                                         (i) in the matter preceding paragraph (1),
                                             gions and climates; and                                   (v) strategies to increase consumer accept-          by striking ‘‘the Photovoltaic Energy Sys-
                                               (iv) include business commercialization               ance of, and participation in, the recycling of        tems Program, the Solar Thermal Energy
                                             plans that have the potential for—                      photovoltaic devices.                                  Systems Program,’’;




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                                               (I) domestic manufacturing and production               (B) DISSEMINATION OF RESULTS.—The Sec-                  (ii) in paragraph (1)—
                                             of solar energy technologies; or                        retary shall make available to the public and             (I) by striking subparagraph (A); and
                                               (II) exports of solar energy technologies.            the relevant committees of Congress the re-               (II) by redesignating subparagraphs (B) and
                                               (D) COORDINATION.—To the maximum ex-                  sults of the projects carried out through              (C) as subparagraphs (A) and (B), respec-
                                             tent practicable, the Secretary shall coordi-           grants awarded under subparagraph (A), in-             tively; and
                                             nate activities under the program with other            cluding any educational and outreach mate-                (iii) in paragraph (2)—
                                             relevant programs and capabilities of the De-           rials.                                                    (I) by striking subparagraph (A); and




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                                             S1544                                             CONGRESSIONAL RECORD — SENATE                                                         March 5, 2020
                                               (II) by redesignating subparagraphs (B) and             (II) a system lifetime of at least 20 years            (ii) to the extent practicable, include
                                             (C) as subparagraphs (A) and (B), respec-               under regular operation;                               metrics that can be used to evaluate storage
                                             tively.                                                   (B) distributed energy storage technologies          technologies;
                                               (5) Section 931 of the Energy Policy Act of           and applications, including building-grid in-            (iii) identify Department programs that—
                                             2005 (42 U.S.C. 16231) is amended—                      tegration;                                               (I) support the research and development
                                               (A) in subsection (a)(2)—                               (C) transportation energy storage tech-              activities described in paragraph (2) and the
                                               (i) by striking subparagraph (A); and                 nologies and applications, including vehicle-          demonstration projects under subsection (c);
                                               (ii) by redesignating subparagraphs (B)               grid integration;                                      and
                                             through (D) (as redesignated by section                   (D) cost-effective systems and methods                 (II)(aa) do not support the activities or
                                             1204(c)(2)(B)) as subparagraphs (A) through             for—                                                   projects described in subclause (I); but
                                             (C), respectively;                                        (i) the reclamation, recycling, and disposal           (bb) are important to the development of
                                               (B) by striking subsection (d); and                   of energy storage materials, including lith-           energy storage systems and the mission of
                                               (C) by redesignating subsections (e)                  ium, cobalt, nickel, and graphite; and                 the Department, as determined by the Sec-
                                             through (g) as subsections (d) through (f), re-           (ii) the reuse and repurposing of energy             retary;
                                             spectively.                                             storage system technologies;                             (iv) include expected timelines for—
                                               (6)(A) Sections 606 and 607 of the Energy               (E) advanced control methods for energy                (I) the accomplishment of relevant objec-
                                             Independence and Security Act of 2007 (42               storage systems;                                       tives under current programs of the Depart-
                                             U.S.C. 17174, 17175) are repealed.                        (F) pumped hydroelectric energy storage              ment relating to energy storage systems;
                                               (B) The table of contents in section 1(b) of          systems to advance—                                    and
                                             the Energy Independence and Security Act of               (i) adoption of innovative technologies, in-           (II) the commencement of any new initia-
                                             2007 (Public Law 110–140; 121 Stat. 1495) is            cluding—                                               tives within the Department relating to en-
                                             amended by striking the items relating to                 (I) adjustable-speed, ternary, and other             ergy storage systems to accomplish those ob-
                                             sections 606 and 607.                                   new pumping and generating equipment de-               jectives; and
                                               (d) SAVINGS PROVISION.—The repeal of the              signs;                                                   (v) incorporate relevant activities de-
                                             Solar Energy Research, Development, and                   (II) modular systems;                                scribed in the Grid Modernization Initiative
                                             Demonstration Act of 1974 (42 U.S.C. 5551 et              (III) closed-loop systems, including mines           Multi-Year Program Plan.
                                             seq.) under subsection (c)(1) shall not affect          and quarries; and                                        (C) SUBMISSION TO CONGRESS.—Not later
                                             the authority of the Secretary to conduct re-             (IV) other critical equipment and mate-              than 180 days after the date of enactment of
                                             search and development on solar energy.                 rials for pumped hydroelectric energy stor-            this Act, the Secretary shall submit to the
                                                       Subtitle C—Energy Storage                     age, as determined by the Secretary; and               Committee on Energy and Natural Resources
                                             SEC. 1301. BETTER ENERGY STORAGE TECH-                    (ii) reductions of equipment costs, civil            of the Senate and the Committees on Energy
                                                        NOLOGY.                                      works costs, and construction times for                and Commerce and Science, Space, and Tech-
                                               (a) DEFINITIONS.—In this section:                     pumped      hydroelectric    energy    storage         nology of the House of Representatives the
                                               (1) ENERGY STORAGE SYSTEM.—The term                   projects, with the goal of reducing those              strategic plan developed under subparagraph
                                             ‘‘energy storage system’’ means any system,             costs by 50 percent;                                   (A).
                                             equipment, facility, or technology that—                  (G) models and tools to demonstrate the                (D) UPDATES TO PLAN.—The Secretary—
                                                (A) is capable of absorbing or converting            benefits of energy storage to—                           (i) shall annually review the strategic plan
                                             energy, storing the energy for a period of                (i) power and water supply systems;                  developed under subparagraph (A); and
                                             time, and dispatching the energy; and                     (ii) electric generation portfolio optimiza-           (ii) may periodically revise the strategic
                                                (B)(i) uses mechanical, electrochemical,             tion; and                                              plan as appropriate.
                                             thermal, electrolysis, or other processes to              (iii) expanded deployment of other renew-              (6) LEVERAGING OF RESOURCES.—The pro-
                                             convert and store electric energy that was              able energy technologies, including in hybrid          gram may be led by a specific office of the
                                             generated at an earlier time for use at a               energy storage systems; and                            Department, but shall be cross-cutting in na-
                                             later time; or                                            (H) energy storage use cases from indi-              ture, so that in carrying out activities under
                                                (ii) stores energy in an electric, thermal,          vidual and combination technology applica-             the program, the Secretary (or a designee of
                                             or gaseous state for direct use for heating or          tions, including value from various-use cases          the Secretary charged with leading the pro-
                                             cooling at a later time in a manner that                and energy storage services.                           gram) shall leverage existing Federal re-
                                             avoids the need to use electricity or other               (3) TESTING AND VALIDATION.—In coordina-             sources, including, at a minimum, the exper-
                                             fuel sources at that later time, such as a              tion with 1 or more National Laboratories,             tise and resources of—
                                             grid-enabled water heater.                              the Secretary shall accelerate the develop-              (A) the Office of Electricity Delivery and
                                                (2) PROGRAM.—The term ‘‘program’’ means              ment, standardized testing, and validation of          Energy Reliability;
                                             the Energy Storage System Research, Devel-              energy storage systems under the program                 (B) the Office of Energy Efficiency and Re-
                                             opment, and Deployment Program estab-                   by developing testing and evaluation meth-             newable Energy, including the Water Power
                                             lished under subsection (b)(1).                         odologies for—                                         Technologies Office; and
                                                (b) ENERGY STORAGE SYSTEM RESEARCH,                    (A) storage technologies, controls, and                (C) the Office of Science, including—
                                             DEVELOPMENT, AND DEPLOYMENT PROGRAM.—                   power electronics for energy storage systems             (i) the Basic Energy Sciences Program;
                                                (1) ESTABLISHMENT.—Not later than 180                under a variety of operating conditions;
                                                                                                                                                              (ii) the Advanced Scientific Computing Re-
                                             days after the date of enactment of this Act,             (B) standardized and grid performance test-
                                                                                                                                                            search Program;
                                             the Secretary shall establish a program, to             ing for energy storage systems, materials,
                                                                                                                                                              (iii) the Biological and Environmental Re-
                                             be known as the ‘‘Energy Storage System                 and technologies during each stage of devel-
                                                                                                                                                            search Program; and
                                             Research, Development, and Deployment                   opment, beginning with the research stage
                                                                                                                                                              (D) the Electricity Storage Research Ini-
                                             Program’’.                                              and ending with the deployment stage;
                                                                                                                                                            tiative established under section 975 of the
                                                (2) INITIAL PROGRAM OBJECTIVES.—The pro-               (C) reliability, safety, and durability test-
                                                                                                                                                            Energy Policy Act of 2005 (42 U.S.C. 16315).
                                             gram shall focus on research, development,              ing under standard and evolving duty cycles;
                                                                                                                                                              (7) PROTECTING PRIVACY AND SECURITY.—In
                                             and deployment of—                                      and
                                                                                                                                                            carrying out this subsection, the Secretary
                                                (A) energy storage systems designed to fur-            (D) accelerated life testing protocols to
                                                                                                                                                            shall identify, incorporate, and follow best
                                             ther the development of technologies—                   predict estimated lifetime metrics with ac-
                                                                                                                                                            practices for protecting the privacy of indi-
                                                (i) for large-scale commercial deployment;           curacy.
                                                                                                                                                            viduals and businesses and the respective
                                                (ii) for deployment at cost targets estab-             (4) PERIODIC EVALUATION OF PROGRAM OB-
                                                                                                                                                            sensitive data of the individuals and busi-
                                             lished by the Secretary;                                JECTIVES.—Not less frequently than once
                                                                                                                                                            nesses, including by managing privacy risk
                                                (iii) for hourly and subhourly durations re-         every calendar year, the Secretary shall
                                                                                                                                                            and implementing the Fair Information
                                             quired to provide reliability services to the           evaluate and, if necessary, update the pro-
                                                                                                                                                            Practice Principles of the Federal Trade
                                             grid;                                                   gram objectives to ensure that the program
                                                                                                                                                            Commission for the collection, use, disclo-
                                                (iv) for daily durations, which have—                continues to advance energy storage systems
                                                                                                                                                            sure, and retention of individual electric
                                                (I) the capacity to discharge energy for a           toward widespread commercial deployment
                                                                                                                                                            consumer information in accordance with
                                             minimum of 6 hours; and                                 by lowering the costs and increasing the du-
                                                                                                                                                            the Office of Management and Budget Cir-
                                                (II) a system lifetime of at least 20 years          ration of energy storage resources.
                                                                                                                                                            cular A–130 (or successor circulars).
                                             under regular operation;                                  (5) ENERGY STORAGE STRATEGIC PLAN.—
                                                (v) for weekly or monthly durations, which             (A) IN GENERAL.—The Secretary shall de-                (c)  ENERGY     STORAGE     DEMONSTRATION
                                             have—                                                   velop a 10-year strategic plan for the pro-            PROJECTS; PILOT GRANT PROGRAM.—




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                                                (I) the capacity to discharge energy for 10          gram, and update the plan, in accordance                 (1) DEMONSTRATION PROJECTS.—Not later
                                             to 100 hours, at a minimum; and                         with this paragraph.                                   than September 30, 2023, the Secretary shall,
                                                (II) a system lifetime of at least 20 years            (B) CONTENTS.—The strategic plan devel-              to the maximum extent practicable, enter
                                             under regular operation; and                            oped under subparagraph (A) shall—                     into agreements to carry out not fewer than
                                                (vi) for seasonal durations, which have—               (i) be coordinated with and integrated               5 energy storage system demonstration
                                                (I) the capability to address seasonal vari-         across other relevant offices in the Depart-           projects, including at least 1 energy storage
                                             ations in supply and demand; and                        ment;                                                  system demonstration project designed to




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1545
                                             further the development of technologies de-               (ix) To increase the feasibility of                    (ii) develop new infrastructure for identi-
                                             scribed in clause (v) or (vi) of subsection             microgrids     (grid-connected    or   islanded        fied projects, if appropriate.
                                             (b)(2)(A).                                              mode).                                                   (D) GOALS AND METRICS.—The Secretary
                                               (2) ENERGY STORAGE PILOT GRANT PRO-                     (x) To enable the use of stored energy in            and the Director of ESTCP shall develop
                                             GRAM.—                                                  forms other than electricity to support the            goals and metrics for technological progress
                                               (A) DEFINITION OF ELIGIBLE ENTITY.—In this            natural gas system and other industrial                under the Joint Program consistent with en-
                                             paragraph, the term ‘‘eligible entity’’                 processes.                                             ergy resilience and energy security policies.
                                             means—                                                    (xi) To integrate fast charging of electric            (E) SELECTION OF PROJECTS.—
                                               (i) a State energy office (as defined in sec-         vehicles.                                                (i) IN GENERAL.—To the maximum extent
                                             tion 124(a) of the Energy Policy Act of 2005              (xii) To improve energy efficiency.                  practicable, in selecting projects to partici-
                                             (42 U.S.C. 15821(a)));                                    (3) REPORTS.—Not less frequently than                pate in the Joint Program, the Secretary
                                               (ii) an Indian tribe (as defined in section 4         once every 2 years for the duration of the             and the Director of ESTCP shall—
                                             of the Native American Housing Assistance               programs under paragraphs (1) and (2), the               (I) ensure that projects are carried out
                                             and Self-Determination Act of 1996 (25 U.S.C.           Secretary shall submit to Congress and                 under conditions that represent a variety of
                                             4103);                                                  make publicly available a report describing            environments with different physical condi-
                                               (iii) a tribal organization (as defined in            the performance of those programs.                     tions and market constraints; and
                                             section 3765 of title 38, United States Code);            (4) NO PROJECT OWNERSHIP INTEREST.—The                 (II) ensure an appropriate balance of—
                                               (iv) an institution of higher education (as           Federal Government shall not hold any eq-                (aa) larger, higher-cost projects; and
                                             defined in section 101 of the Higher Edu-               uity or other ownership interest in any en-              (bb) smaller, lower-cost projects.
                                             cation Act of 1965 (20 U.S.C. 1001));                   ergy storage system that is part of a project            (ii) PRIORITY.—In carrying out the Joint
                                               (v) an electric utility, including—                   under this subsection unless the holding is            Program, the Secretary and the Director of
                                                                                                     agreed to by each participant of the project.          ESTCP shall give priority to demonstration
                                               (I) an electric cooperative;
                                                                                                       (d) LONG-DURATION DEMONSTRATION INITIA-              projects that—
                                               (II) a political subdivision of a State, such
                                                                                                     TIVE AND JOINT PROGRAM.—                                 (I) make available to the public project in-
                                             as a municipally owned electric utility, or
                                                                                                       (1) DEFINITIONS.—In this subsection:                 formation that will accelerate deployment of
                                             any agency, authority, corporation, or in-
                                                                                                       (A) DIRECTOR OF ARPA–E.—The term ‘‘Di-               long-duration energy storage technologies;
                                             strumentality of a State political subdivi-
                                                                                                     rector of ARPA–E’’ has the meaning given               and
                                             sion; and
                                                                                                     the term in section 5012(a) of the America               (II) will be carried out in the field.
                                               (III) an investor-owned utility; and
                                               (vi) a private energy storage company.                COMPETES Act (42 U.S.C. 16538(a)).                       (e) TECHNICAL AND PLANNING ASSISTANCE
                                               (B) ESTABLISHMENT.—The Secretary shall                  (B) DIRECTOR OF ESTCP.—The term ‘‘Direc-             PROGRAM.—
                                             establish a competitive grant program under             tor of ESTCP’’ means the Secretary of De-                (1) DEFINITIONS.—In this subsection:
                                             which the Secretary shall award grants to el-           fense, acting through the Director of the En-            (A) ELIGIBLE ENTITY.—The term ‘‘eligible
                                             igible entities to carry out demonstration              vironmental Security Technology Certifi-               entity’’ means—
                                             projects for pilot energy storage systems.              cation Program of the Department of De-                  (i) an electric cooperative;
                                               (C) SELECTION REQUIREMENTS.—In selecting              fense.                                                   (ii) a political subdivision of a State, such
                                             eligible entities to receive a grant under sub-           (C) INITIATIVE.—The term ‘‘Initiative’’              as a municipally owned electric utility, or
                                             paragraph (B), the Secretary shall, to the              means the demonstration initiative estab-              any agency, authority, corporation, or in-
                                             maximum extent practicable—                             lished under paragraph (2).                            strumentality of a State political subdivi-
                                               (i) ensure regional diversity among eligible            (D) JOINT PROGRAM.—The term ‘‘Joint Pro-             sion;
                                             entities awarded grants, including ensuring             gram’’ means the joint program established               (iii) a not-for-profit entity that is in a
                                             participation of eligible entities that are             under paragraph (4).                                   partnership with not less than 6 entities de-
                                                                                                       (E) SECRETARY.—The term ‘‘Secretary’’                scribed in clause (i) or (ii); and
                                             rural States and States with high energy
                                                                                                     means the Secretary, acting through the Di-              (iv) an investor-owned utility.
                                             costs;
                                                                                                     rector of ARPA–E.                                        (B) PROGRAM.—The term ‘‘program’’ means
                                               (ii) ensure that grants are awarded for
                                                                                                       (2) ESTABLISHMENT OF INITIATIVE.—Not                 the technical and planning assistance pro-
                                             demonstration projects that—
                                                                                                     later than 180 days after the date of enact-           gram established under paragraph (2)(A).
                                               (I) expand on the existing technology dem-
                                                                                                     ment of this Act, the Secretary shall estab-             (2) ESTABLISHMENT.—
                                             onstration programs of the Department;
                                                                                                     lish a demonstration initiative composed of              (A) IN GENERAL.—The Secretary shall es-
                                               (II) are designed to achieve 1 or more of the
                                                                                                     demonstration projects focused on the devel-           tablish a technical and planning assistance
                                             objectives described in subparagraph (D); and
                                                                                                     opment of long-duration energy storage                 program to assist eligible entities in identi-
                                               (III) inject or withdraw energy from the
                                                                                                     technologies.                                          fying, evaluating, planning, designing, and
                                             bulk power system, electric distribution sys-
                                                                                                       (3) SELECTION OF PROJECTS.—To the max-               developing processes to procure energy stor-
                                             tem, building energy system, or microgrid               imum extent practicable, in selecting dem-             age systems.
                                             (grid-connected or islanded mode) where the             onstration projects to participate in the Ini-           (B) ASSISTANCE AND GRANTS.—Under the
                                             project is located; and                                 tiative, the Secretary shall—                          program, the Secretary shall—
                                               (iii) give consideration to proposals from              (A) ensure a range of technology types;                (i) provide technical and planning assist-
                                             eligible entities for securing energy storage             (B) ensure regional diversity among                  ance, including disseminating information,
                                             through competitive procurement or con-                 projects; and                                          directly to eligible entities; and
                                             tract for service.                                        (C) consider bulk power level, distribution            (ii) award grants to eligible entities to con-
                                               (D)     OBJECTIVES.—Each       demonstration          power level, behind-the-meter, microgrid               tract to obtain technical and planning as-
                                             project carried out by a grant awarded under            (grid-connected or islanded mode), and off-            sistance from outside experts.
                                             subparagraph (B) shall have 1 or more of the            grid applications.                                       (C) FOCUS.—In carrying out the program,
                                             following objectives:                                     (4) JOINT PROGRAM.—                                  the Secretary shall focus on energy storage
                                               (i) To improve the security of critical in-             (A) ESTABLISHMENT.—As part of the Initia-            system projects that have the greatest po-
                                             frastructure and emergency response sys-                tive, the Secretary, in consultation with the          tential for—
                                             tems.                                                   Director of ESTCP, shall establish within                (i) strengthening the reliability and resil-
                                               (ii) To improve the reliability of trans-             the Department a joint program to carry out            iency of energy infrastructure;
                                             mission and distribution systems, particu-              projects—                                                (ii) reducing the cost of energy storage sys-
                                             larly in rural areas, including high-energy-              (i) to demonstrate promising long-duration           tems;
                                             cost rural areas.                                       energy storage technologies at different                 (iii) improving the feasibility of microgrids
                                               (iii) To optimize transmission or distribu-           scales; and                                            (grid-connected or islanded mode), particu-
                                             tion system operation and power quality to                (ii) to help new, innovative long-duration           larly in rural areas, including high energy
                                             defer or avoid costs of replacing or upgrading          energy storage technologies become com-                cost rural areas;
                                             electric grid infrastructure, including trans-          mercially viable.                                        (iv) reducing consumer electricity costs; or
                                             formers and substations.                                  (B) MEMORANDUM OF UNDERSTANDING.—Not                   (v) maximizing local job creation.
                                               (iv) To supply energy at peak periods of de-          later than 200 days after the date of enact-             (3) TECHNICAL AND PLANNING ASSISTANCE.—
                                             mand on the electric grid or during periods             ment of this Act, the Secretary shall enter              (A) IN GENERAL.—Technical and planning
                                             of significant variation of electric grid sup-          into a memorandum of understanding with                assistance provided under the program shall
                                             ply.                                                    the Director of ESTCP to administer the                include assistance with 1 or more of the fol-
                                               (v) To reduce peak loads of homes and busi-           Joint Program.                                         lowing activities relating to energy storage




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                                             nesses.                                                   (C) INFRASTRUCTURE.—In carrying out the              systems:
                                               (vi) To improve and advance power conver-             Joint Program, the Secretary and the Direc-              (i) Identification of opportunities to use
                                             sion systems.                                           tor of ESTCP shall—                                    energy storage systems.
                                               (vii) To provide ancillary services for grid            (i) use existing test-bed infrastructure at—           (ii) Feasibility studies to assess the poten-
                                             stability and management.                                 (I) Department facilities; and                       tial for development of new energy storage
                                               (viii) To integrate renewable energy re-                (II) Department of Defense installations;            systems or improvement of existing energy
                                             source production.                                      and                                                    storage systems.




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                                             S1546                                             CONGRESSIONAL RECORD — SENATE                                                           March 5, 2020
                                               (iii) Assessment of technical and economic              ‘‘(E) any other material determined by the           the basis of the criteria established under
                                             characteristics, including a cost-benefit               Secretary to be critical to the continued              paragraph (5).
                                             analysis.                                               growing supply of energy storage resources.               ‘‘(B) SELECTION.—The judges for each com-
                                               (iv) Utility interconnection.                           ‘‘(2) PRIZE AUTHORITY.—                              petition shall include appropriate members
                                               (v) Permitting and siting issues.                       ‘‘(A) IN GENERAL.—As part of the program             of private industry involved in the commer-
                                               (vi) Business planning and financial anal-            established under subsection (a), the Sec-             cial deployment of energy storage systems.
                                             ysis.                                                   retary shall establish an award program, to               ‘‘(C) CONFLICTS.—An individual may not
                                               (vii) Engineering design.                             be known as the ‘Energy Storage Materials              serve as a judge in a prize competition under
                                               (viii) Resource adequacy planning.                    Recycling Prize Competition’ (referred to in           the program if the individual, the spouse of
                                               (ix) Resilience planning and valuation.               this subsection as the ‘program’), under               the individual, any child of the individual, or
                                               (B) EXCLUSION.—Technical and planning                 which the Secretary shall carry out prize              any other member of the household of the in-
                                             assistance provided under the program shall             competitions and make awards to advance                dividual—
                                             not be used to pay any person for influencing           the recycling of critical energy storage ma-              ‘‘(i) has a personal or financial interest in,
                                             or attempting to influence an officer or em-            terials.                                               or is an employee, officer, director, or agent
                                             ployee of any Federal, State, or local agency,            ‘‘(B) FREQUENCY.—To the maximum extent               of, any entity that is a registered participant
                                             a Member of Congress, an employee of a                  practicable, the Secretary shall carry out a           in the prize competition for which the indi-
                                             Member of Congress, a State or local legisla-           competition under the program not less fre-            vidual will serve as a judge; or
                                             tive body, or an employee of a State or local           quently than once every calendar year.                    ‘‘(ii) has a familial or financial relation-
                                             legislative body.                                         ‘‘(3) ELIGIBILITY.—                                  ship with a registered participant in the
                                               (4) INFORMATION DISSEMINATION.—The infor-               ‘‘(A) IN GENERAL.—To be eligible to win a            prize competition for which the individual
                                             mation      disseminated     under    paragraph         prize under the program, an individual or en-          will serve as a judge.
                                             (2)(B)(i) shall include—                                tity—                                                     ‘‘(8) REPORT TO CONGRESS.—Not later than
                                               (A) information relating to the topics de-              ‘‘(i) shall have complied with the require-          60 days after the date on which the first prize
                                             scribed in paragraph (3)(A), including case             ments of the competition as described in the           is awarded under the program, and annually
                                             studies of successful examples;                         announcement for that competition pub-                 thereafter, the Secretary shall submit to
                                               (B) computational tools or software for as-           lished in the Federal Register by the Sec-             Congress a report that—
                                             sessment, design, and operation and mainte-             retary under paragraph (6);                               ‘‘(A) identifies each award recipient;
                                             nance of energy storage systems;                          ‘‘(ii) in the case of a private entity, shall           ‘‘(B) describes the advanced methods or
                                               (C) public databases that track existing              be incorporated in the United States and               technologies developed by each award recipi-
                                             and planned energy storage systems;                     maintain a primary place of business in the            ent; and
                                               (D) best practices for the utility and grid           United States;                                            ‘‘(C) specifies actions being taken by the
                                             operator business processes associated with               ‘‘(iii) in the case of an individual, whether        Department toward commercial application
                                             the topics described in paragraph (3)(A); and           participating singly or in a group, shall be a         of all methods or technologies with respect
                                               (E) relevant State policies or regulations            citizen of, or an alien lawfully admitted for          to which a prize has been awarded under the
                                             associated with the topics described in para-           permanent residence in, the United States.             program.
                                             graph (3)(A).                                             ‘‘(B) EXCLUSIONS.—The following entities                ‘‘(9) ANTI-DEFICIENCY ACT.—The Secretary
                                               (5) APPLICATIONS.—                                    and individuals shall not be eligible to win a         shall carry out the program in accordance
                                               (A) IN GENERAL.—The Secretary shall seek              prize under the program:                               with section 1341 of title 31, United States
                                             applications for the program—                             ‘‘(i) A Federal entity.                              Code (commonly referred to as the ‘Anti-De-
                                               (i) on a competitive, merit-reviewed basis;             ‘‘(ii) A Federal employee (including an em-          ficiency Act’).
                                             and                                                     ployee of a National Laboratory) acting                   ‘‘(10) AUTHORIZATION OF APPROPRIATIONS.—
                                               (ii) on a periodic basis, but not less fre-           within the scope of employment.                        There is authorized to be appropriated to
                                             quently than once every 12 months.                        ‘‘(4) AWARDS.—In carrying out the pro-               carry out this subsection $10,000,000 for each
                                               (B) APPLICATION.—An eligible entity desir-            gram, the Secretary shall award cash prizes,           of fiscal years 2020 through 2024, to remain
                                             ing to apply for the program shall submit to            in amounts to be determined by the Sec-                available until expended.’’.
                                             the Secretary an application at such time, in           retary, to each individual or entity selected             (g) REGULATORY ACTIONS TO ENCOURAGE
                                             such manner, and containing such informa-               through a competitive process to develop ad-           ENERGY STORAGE DEPLOYMENT.—
                                             tion as the Secretary may require, including            vanced methods or technologies to recycle                 (1) DEFINITIONS.—In this subsection:
                                             whether the eligible entity is applying for—            critical energy storage materials from en-                (A) COMMISSION.—The term ‘‘Commission’’
                                               (i) direct technical or planning assistance           ergy storage systems.                                  means the Federal Energy Regulatory Com-
                                             under paragraph (2)(B)(i); or                             ‘‘(5) CRITERIA.—                                     mission.
                                               (ii) a grant under paragraph (2)(B)(ii).                ‘‘(A) IN GENERAL.—The Secretary shall es-               (B) ELECTRIC STORAGE RESOURCE.—The
                                               (C) PRIORITIES.—In selecting eligible enti-           tablish objective, merit-based criteria for            term ‘‘electric storage resource’’ means a re-
                                             ties for technical and planning assistance              awarding the prizes in each competition car-           source capable of receiving electric energy
                                             under the program, the Secretary shall give             ried out under the program.                            from the grid and storing that electric en-
                                             priority to eligible entities described in                ‘‘(B) REQUIREMENTS.—The criteria estab-              ergy for later injection back into the grid.
                                             clauses (i) and (ii) of paragraph (1)(A).               lished     under    subparagraph     (A)   shall          (2) REGULATORY ACTION.—
                                               (6) REPORTS.—The Secretary shall submit               prioritize advancements in methods or tech-               (A) IN GENERAL.—Not later than 1 year
                                             to Congress and make available to the pub-              nologies that present the greatest potential           after the date of enactment of this Act, the
                                             lic—                                                    for large-scale commercial deployment.                 Commission shall issue a regulation to iden-
                                               (A) not less frequently than once every 2               ‘‘(C) CONSULTATION.—In establishing cri-             tify the eligibility of, and process for, elec-
                                             years, a report describing the performance of           teria under subparagraph (A), the Secretary            tric storage resources—
                                             the program, including a synthesis and anal-            shall consult with appropriate members of                 (i) to receive cost recovery through Com-
                                             ysis of any information the Secretary re-               private industry involved in the commercial            mission-regulated rates for the transmission
                                             quires grant recipients to provide to the Sec-          deployment of energy storage systems.                  of electric energy in interstate commerce;
                                             retary as a condition of receiving a grant;               ‘‘(6) ADVERTISING AND SOLICITATION OF COM-           and
                                             and                                                     PETITORS.—                                                (ii) that receive cost recovery under clause
                                               (B) on termination of the program, an as-               ‘‘(A) IN GENERAL.—The Secretary shall an-            (i) to receive compensation for other services
                                             sessment of the success of, and education               nounce each prize competition under the pro-           (such as the sale of energy, capacity, or an-
                                             provided by, the measures carried out by eli-           gram by publishing a notice in the Federal             cillary services) without regard to whether
                                             gible entities under the program.                       Register.                                              those services are provided concurrently
                                               (7) COST-SHARING.—Activities under this                 ‘‘(B) REQUIREMENTS.—Each notice pub-                 with the transmission service described in
                                             subsection shall be subject to the cost-shar-           lished under subparagraph (A) shall describe           clause (i).
                                             ing requirements under section 988 of the En-           the essential elements of the competition,                (B) PROHIBITION OF DUPLICATE RECOVERY.—
                                             ergy Policy Act of 2005 (42 U.S.C. 16352).              such as—                                               Any regulation issued under subparagraph
                                               (f) ENERGY STORAGE MATERIALS RECYCLING                  ‘‘(i) the subject of the competition;                (A) shall preclude the receipt of unjust and
                                             PRIZE COMPETITION.—Section 1008 of the En-                ‘‘(ii) the duration of the competition;              unreasonable double recovery for electric
                                             ergy Policy Act of 2005 (42 U.S.C. 16396) is              ‘‘(iii) the eligibility requirements for par-        storage resources providing services de-
                                             amended by adding at the end the following:             ticipation in the competition;                         scribed in clauses (i) and (ii) of that subpara-
                                               ‘‘(g) ENERGY STORAGE MATERIALS RECY-                    ‘‘(iv) the process for participants to reg-          graph.
                                             CLING PRIZE COMPETITION.—                               ister for the competition;                                (3) ELECTRIC STORAGE RESOURCES TECHNICAL




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                                               ‘‘(1) DEFINITION OF CRITICAL ENERGY STOR-               ‘‘(v) the amount of the prize; and                   CONFERENCE.—
                                             AGE MATERIALS.—In this subsection, the term               ‘‘(vi) the criteria for awarding the prize.             (A) IN GENERAL.—Not later than 180 days
                                             ‘critical energy storage materials’ includes—             ‘‘(7) JUDGES.—                                       after the date of enactment of this Act, the
                                               ‘‘(A) lithium;                                          ‘‘(A) IN GENERAL.—For each prize competi-            Commission shall convene a technical con-
                                               ‘‘(B) cobalt;                                         tion under the program, the Secretary shall            ference on the potential for electric storage
                                               ‘‘(C) nickel;                                         assemble a panel of qualified judges to select         resources to improve the operation of elec-
                                               ‘‘(D) graphite; and                                   the winner or winners of the competition on            tric systems.




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1547
                                               (B) REQUIREMENTS.—The technical con-                     (D) PARTY.—The term ‘‘party’’, with re-                (B) DISPUTES.—
                                             ference under subparagraph (A) shall—                   spect to a study plan agreement, means each               (i) IN GENERAL.—If the parties cannot agree
                                               (i) identify opportunities for further con-           of the following parties to the study plan             to the terms of a study plan agreement or
                                             sideration of electric storage resources in re-         agreement:                                             implementation of those terms, the parties
                                             gional and interregional transmission plan-                (i) The proposed lessee.                            shall submit to the Director, for final deter-
                                             ning processes within the jurisdiction of the              (ii) The Tribes.                                    mination on the terms or implementation of
                                             Commission;                                                (E) PROJECT.—The term ‘‘project’’ means a           the study plan agreement, notice of the dis-
                                               (ii) identify all energy, capacity, and ancil-        proposed pumped storage facility that—                 pute, consistent with subparagraph (A)(vi),
                                             lary service products, market designs, or                  (i) would use multiple Bureau of Reclama-           to the extent the parties have agreed to a
                                             rules that—                                             tion reservoirs; and                                   study plan agreement.
                                               (I) are within the jurisdiction of the Com-              (ii) as of June 1, 2017, was subject to a pre-         (ii) INCLUSION.—A dispute covered by
                                             mission; and                                            liminary permit issued by the Commission               clause (i) may include the view of a proposed
                                               (II) enable and compensate for the use of             pursuant to section 4(f) of the Federal Power
                                                                                                                                                            lessee that an additional study request sub-
                                             electric storage resources that improve the             Act (16 U.S.C. 797(f)).
                                                                                                                                                            mitted in accordance with subparagraph
                                             operation of electric systems;                             (F) PROPOSED LESSEE.—The term ‘‘proposed
                                                                                                                                                            (A)(ii) is not reasonably calculated to assist
                                               (iii) examine additional products, market             lessee’’ means the proposed lessee of a
                                                                                                     project.                                               the Secretary in evaluating the potential
                                             designs, or rules that would enable and com-                                                                   impacts of the project.
                                             pensate for the use of electric storage re-                (G) SECRETARY.—The term ‘‘Secretary’’
                                                                                                     means the Secretary of the Interior.                      (iii) TIMING.—The Director shall issue a de-
                                             sources for improving the operation of elec-                                                                   termination regarding a dispute under clause
                                             tric systems; and                                          (H) STUDY PLAN.—The term ‘‘study plan’’
                                                                                                     means the plan described in paragraph (4)(A).          (i) not later than 120 days after the date on
                                               (iv) examine the functional value of elec-                                                                   which the Director receives notice of the dis-
                                             tric storage resources at the transmission                 (I) STUDY PLAN AGREEMENT.—The term
                                                                                                     ‘‘study plan agreement’’ means an agree-               pute under that clause.
                                             and distribution system interface for pur-
                                                                                                     ment entered into under paragraph (2)(A)                  (4) STUDY PLAN.—
                                             poses of providing electric system reli-
                                                                                                     and described in paragraph (3).                           (A) IN GENERAL.—The proposed lessee shall
                                             ability.
                                               (h) COORDINATION.—To the maximum ex-                     (J) TRIBES.—The term ‘‘Tribes’’ means—              submit to the Secretary for approval a study
                                             tent practicable, the Secretary shall coordi-              (i) the Confederated Tribes of the Colville         plan that details the proposed methodology
                                             nate the activities under this section (in-             Reservation; and                                       for performing each of the studies—
                                             cluding activities conducted pursuant to the               (ii) the Spokane Tribe of Indians of the               (i) identified in the study plan agreement
                                             amendments made by this section) among                  Spokane Reservation.                                   of the proposed lessee; or
                                             the offices and employees of the Department,               (2) REQUIREMENT FOR ISSUANCE OF LEASES                 (ii) determined by the Director in a final
                                             other Federal agencies, and other relevant              OF POWER PRIVILEGE.—The Secretary shall                determination regarding a dispute under
                                             entities—                                               not issue a lease of power privilege pursuant          paragraph (3)(B).
                                               (1) to ensure appropriate collaboration; and          to section 9(c)(1) of the Reclamation Project             (B) INITIAL DETERMINATION.—Not later than
                                               (2) to avoid unnecessary duplication of               Act of 1939 (43 U.S.C. 485h(c)(1)) (as amended         60 days after the date on which the Secretary
                                             those activities.                                       by subsection (a)) for a project unless—               receives the study plan under subparagraph
                                               (i) AUTHORIZATION OF APPROPRIATIONS.—                    (A) the proposed lessee and the Tribes have         (A), the Secretary shall make an initial de-
                                             There are authorized to be appropriated—                entered into a study plan agreement; or                termination that—
                                               (1) to carry out subsection (b), $100,000,000            (B) the Secretary or the Director, as appli-           (i) approves the study plan;
                                             for each of fiscal years 2021 through 2025, to          cable, makes a final determination for—                   (ii) rejects the study plan on the grounds
                                             remain available until expended;                           (i) a study plan agreement under paragraph          that the study plan—
                                               (2) to carry out subsection (c), $100,000,000         (3)(B); or                                                (I) lacks sufficient detail on a proposed
                                             for each of fiscal years 2021 through 2025, to             (ii) a study plan under paragraph (4).              methodology for a study identified in the
                                             remain available until expended;                           (3) STUDY PLAN AGREEMENT REQUIRE-                   study plan agreement; or
                                               (3) to carry out subsection (d), $50,000,000          MENTS.—                                                   (II) is inconsistent with the study plan
                                             for each of fiscal years 2021 through 2025, to             (A) IN GENERAL.—A study plan agreement              agreement; or
                                             remain available until expended; and                    shall—                                                    (iii) imposes additional study plan require-
                                               (4) to carry out subsection (e), $20,000,000             (i) establish the deadlines for the proposed        ments that the Secretary determines are
                                             for each of fiscal years 2021 through 2025, to          lessee to formally respond in writing to com-          necessary to adequately define the potential
                                             remain available until expended.                        ments and study requests about the project             effects of the project on—
                                             SEC. 1302. BUREAU OF RECLAMATION PUMPED                 previously submitted to the Commission;                   (I) the exercise of the paramount hunting,
                                                         STORAGE HYDROPOWER DEVELOP-                    (ii) allow for the parties to submit addi-
                                                                                                                                                            fishing, and boating rights of the Tribes re-
                                                         MENT.                                       tional comments and study requests if any
                                                                                                                                                            served pursuant to the Act of June 29, 1940
                                               (a) AUTHORITY FOR PUMPED STORAGE HY-                  aspect of the project, as proposed, differs
                                                                                                                                                            (54 Stat. 703, chapter 460; 16 U.S.C. 835d et
                                             DROPOWER DEVELOPMENT USING MULTIPLE                     from an aspect of the project, as described in
                                                                                                                                                            seq.);
                                             BUREAU OF RECLAMATION RESERVOIRS.—Sec-                  a preapplication document provided to the
                                                                                                                                                               (II) the annual payments described in sub-
                                             tion 9(c) of the Reclamation Project Act of             Commission;
                                                                                                        (iii) except as expressly agreed to by the          clauses (I) and (II) of paragraph (3)(A)(iv);
                                             1939 (43 U.S.C. 485h(c)) is amended—
                                                                                                     parties or as provided in subparagraph (B) or             (III) the Columbia Basin project (as defined
                                                (1) in paragraph (1), in the fourth sentence,
                                                                                                     paragraph (4), require that the proposed les-          in section 1 of the Act of May 27, 1937 (50
                                             by striking ‘‘, including small conduit hydro-
                                                                                                     see conduct each study described in—                   Stat. 208, chapter 269; 57 Stat. 14, chapter 14;
                                             power development’’ and inserting ‘‘and re-
                                                                                                        (I) a study request about the project pre-          16 U.S.C. 835));
                                             serve to the Secretary the exclusive author-
                                             ity to develop small conduit hydropower                 viously submitted to the Commission; or                   (IV) historic properties and cultural or
                                             using Bureau of Reclamation facilities and                 (II) any additional study request submitted         spiritually significant resources; and
                                             pumped storage hydropower exclusively                   in accordance with the study plan agree-                  (V) the environment.
                                             using Bureau of Reclamation reservoirs’’;               ment;                                                     (C) OBJECTIONS.—
                                             and                                                        (iv) require that the proposed lessee study            (i) IN GENERAL.—Not later than 30 days
                                                (2) in paragraph (8), by striking ‘‘has been         any potential adverse economic effects of the          after the date on which the Secretary makes
                                             filed with the Federal Energy Regulatory                project on the Tribes, including effects on—           an initial determination under subparagraph
                                             Commission as of the date of the enactment                 (I) annual payments to the Confederated             (B), the Tribes or the proposed lessee may
                                             of the Bureau of Reclamation Small Conduit              Tribes of the Colville Reservation under sec-          submit to the Director an objection to the
                                             Hydropower Development and Rural Jobs                   tion 5(b) of the Confederated Tribes of the            initial determination.
                                             Act’’ and inserting ‘‘was filed with the Fed-           Colville Reservation Grand Coulee Dam Set-                (ii) FINAL DETERMINATION.—Not later than
                                             eral Energy Regulatory Commission before                tlement Act (Public Law 103–436; 108 Stat.             120 days after the date on which the Director
                                             August 9, 2013, and is still pending’’.                 4579); and                                             receives an objection under clause (i), the Di-
                                                (b) LIMITATIONS ON ISSUANCE OF CERTAIN                  (II) annual payments to the Spokane Tribe           rector shall—
                                             LEASES OF POWER PRIVILEGE.—                             of Indians of the Spokane Reservation au-                 (I) hold a hearing on the record regarding
                                                (1) DEFINITIONS.—In this subsection:                 thorized after the date of enactment of this           the objection; and
                                                (A) COMMISSION.—The term ‘‘Commission’’              Act, the amount of which derives from the                 (II) make a final determination that estab-
                                             means the Federal Energy Regulatory Com-                annual payments described in subclause (I);            lishes the study plan, including a description
                                             mission.                                                   (v) establish a protocol for communication          of studies the proposed lessee is required to




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                                                (B) DIRECTOR.—The term ‘‘Director’’ means            and consultation between the parties;                  perform.
                                             the Director of the Office of Hearings and                 (vi) provide mechanisms for resolving dis-             (D) NO OBJECTIONS.—If no objections are
                                             Appeals.                                                putes between the parties regarding imple-             submitted by the deadline described in sub-
                                                (C) OFFICE OF HEARINGS AND APPEALS.—The              mentation and enforcement of the study plan            paragraph (C)(i), the initial determination of
                                             term ‘‘Office of Hearings and Appeals’’                 agreement; and                                         the Secretary under subparagraph (B) shall
                                             means the Office of Hearings and Appeals of                (vii) contain other provisions determined           be final.
                                             the Department of the Interior.                         to be appropriate by the parties.                         (5) CONDITIONS OF LEASE.—




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                                             S1548                                             CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                               (A) CONSISTENCY WITH RIGHTS OF TRIBES;                appropriate by the Secretary, on the condi-              ‘‘(2) NATURAL GAS.—The term ‘natural gas’
                                             PROTECTION, MITIGATION, AND ENHANCEMENT                 tion that the conditions shall be consistent           means any fuel consisting in whole or in part
                                             OF FISH AND WILDLIFE.—                                  with the Reclamation Project Act of 1939 (43           of—
                                               (i) IN GENERAL.—Any lease of power privi-             U.S.C. 485 et seq.).                                     ‘‘(A) natural gas;
                                             lege issued by the Secretary for a project                 (D) CONSULTATION.—In establishing condi-              ‘‘(B) liquid petroleum gas;
                                             under paragraph (2) shall contain condi-                tions under this paragraph, the Secretary                ‘‘(C) synthetic gas derived from petroleum
                                             tions—                                                  shall consult with the Tribes.                         or natural gas liquids;
                                               (I) to ensure that the project is consistent             (6) DEADLINES.—The Secretary or any offi-             ‘‘(D) any mixture of natural gas and syn-
                                             with, and will not interfere with, the exer-            cer of the Office of Hearing and Appeals be-           thetic gas; or
                                             cise of the paramount hunting, fishing, and             fore whom a proceeding is pending under this             ‘‘(E) biomethane.
                                             boating rights of the Tribes reserved pursu-            subsection may extend any deadline or en-                ‘‘(3) NATURAL GAS ELECTRIC GENERATION FA-
                                             ant to the Act of June 29, 1940 (54 Stat. 703,          large any timeframe described in this sub-             CILITY.—
                                             chapter 460; 16 U.S.C. 835d et seq.); and               section—                                                 ‘‘(A) IN GENERAL.—The term ‘natural gas
                                               (II) to adequately and equitably protect,                (A) at the discretion of the Secretary or           electric generation facility’ means a facility
                                             mitigate damages to, and enhance fish and               the officer; or                                        that generates electric energy using natural
                                             wildlife, including related spawning grounds               (B) on a showing of good cause by any               gas as the fuel.
                                             and habitat, affected by the development,               party.                                                   ‘‘(B) INCLUSIONS.—The term ‘natural gas
                                             operation, and management of the project.                  (7) JUDICIAL REVIEW.—Any final action of            electric generation facility’ includes a new
                                               (ii) RECOMMENDATIONS OF THE TRIBES.—The               the Secretary or the Director made pursuant            or existing—
                                             conditions required under clause (i) shall be           to this subsection shall be subject to judicial          ‘‘(i) simple cycle plant;
                                             based on joint recommendations of the                   review in accordance with chapter 7 of title             ‘‘(ii) combined cycle plant;
                                             Tribes.                                                 5, United States Code.                                   ‘‘(iii) combined heat and power plant; or
                                               (iii) RESOLVING INCONSISTENCIES.—                        (8) EFFECT ON OTHER PROJECTS.—Nothing in              ‘‘(iv) steam methane reformer that pro-
                                               (I) IN GENERAL.—If the Secretary deter-               this subsection establishes any precedent or           duces hydrogen from natural gas for use in
                                             mines that any recommendation of the                    is binding on any Bureau of Reclamation                the production of electric energy.
                                             Tribes under clause (ii) is not reasonably cal-         lease of power privilege, other than for a               ‘‘(4) PROGRAM.—The term ‘program’ means
                                             culated to ensure the project is consistent             project.                                               the program established under subsection
                                             with clause (i) or is inconsistent with the re-                                                                (b)(1).
                                             quirements of the Reclamation Project Act                Subtitle D—Carbon Capture, Utilization, and             ‘‘(5) TRANSFORMATIONAL TECHNOLOGY.—
                                             of 1939 (43 U.S.C. 485 et seq.), the Secretary                               Storage                             ‘‘(A) IN GENERAL.—The term ‘trans-
                                             shall attempt to resolve any such inconsist-            SEC. 1401. FOSSIL ENERGY.                              formational technology’ means a power gen-
                                             ency with the Tribes, giving due weight to                Section 961(a) of the Energy Policy Act of           eration technology that represents a signifi-
                                             the recommendations and expertise of the                2005 (42 U.S.C. 16291(a)) is amended—                  cant change in the methods used to convert
                                             Tribes.                                                   (1) in paragraph (6), by inserting ‘‘, includ-       energy that will enable a step change in per-
                                               (II) PUBLICATION OF FINDINGS.—If, after an            ing technology development to reduce emis-             formance, efficiency, and cost of electricity
                                             attempt to resolve an inconsistency under               sions of carbon dioxide and associated emis-           as compared to the technology in existence
                                             subclause (I), the Secretary does not adopt in          sions of heavy metals within coal combus-              on the date of enactment of the American
                                             whole or in part a recommendation of the                tion residues and gas streams resulting from           Energy Innovation Act of 2020.
                                             Tribes under clause (ii), the Secretary shall           fossil fuel use and production’’ before the pe-          ‘‘(B)     INCLUSIONS.—The      term   ‘trans-
                                             issue each of the following findings, includ-           riod at the end; and                                   formational technology’ includes a broad
                                             ing a statement of the basis for each of the              (2) by striking paragraph (7) and inserting          range of technology improvements, includ-
                                             findings:                                               the following:                                         ing—
                                               (aa) A finding that adoption of the rec-                ‘‘(7) Increasing the export of fossil energy-          ‘‘(i) thermodynamic improvements in en-
                                             ommendation is inconsistent with the re-                related equipment, technology, including               ergy conversion and heat transfer, includ-
                                             quirements of the Reclamation Project Act               emissions control technologies, and services           ing—
                                             of 1939 (43 U.S.C. 485 et seq.).                        from the United States.                                  ‘‘(I) advanced combustion systems, includ-
                                               (bb) A finding that the conditions selected             ‘‘(8) Developing carbon removal and utili-           ing oxygen combustion systems and chem-
                                             by the Secretary to be contained in the lease           zation technologies, products, and methods             ical looping; and
                                             of power privilege under clause (i) comply              that result in net reductions in greenhouse              ‘‘(II) the replacement of steam cycles with
                                             with the requirements of subclauses (I) and             gas emissions, including direct air capture            supercritical carbon dioxide cycles;
                                             (II) of that clause.                                    and storage, and carbon use and reuse for                ‘‘(ii) improvements in steam or carbon di-
                                               (B) ANNUAL CHARGES PAYABLE BY LI-                                                                            oxide turbine technology;
                                                                                                     commercial application.
                                             CENSEE.—                                                                                                         ‘‘(iii) improvements in carbon capture, uti-
                                                                                                       ‘‘(9) Improving the conversion, use, and
                                               (i) IN GENERAL.—Subject to clause (ii), any                                                                  lization, and storage systems technology;
                                                                                                     storage of carbon dioxide produced from fos-
                                             lease of power privilege issued by the Sec-                                                                      ‘‘(iv) improvements in small-scale and
                                                                                                     sil fuels.’’.
                                             retary for a project under paragraph (2) shall                                                                 modular coal-fired technologies with reduced
                                             contain conditions that require the lessee of           SEC. 1402. ESTABLISHMENT OF COAL AND NAT-
                                                                                                                                                            carbon output or carbon capture that can
                                                                                                                 URAL GAS TECHNOLOGY PROGRAM.
                                             the project to make direct payments to the                                                                     support incremental power generation capac-
                                             Tribes through reasonable annual charges in               (a) IN GENERAL.—The Energy Policy Act of             ity additions;
                                             an amount that recompenses the Tribes for               2005 is amended by striking section 962 (42              ‘‘(v) fuel cell technologies for low-cost,
                                             any adverse economic effect of the project              U.S.C. 16292) and inserting the following:             high-efficiency modular power systems;
                                             identified in a study performed pursuant to             ‘‘SEC.   962.   COAL AND NATURAL         GAS   TECH-     ‘‘(vi) advanced gasification systems;
                                             the study plan agreement for the project.                               NOLOGY PROGRAM.                          ‘‘(vii) thermal cycling technologies; and
                                               (ii) AGREEMENT.—                                        ‘‘(a) DEFINITIONS.—In this section:                    ‘‘(viii) any other technology the Secretary
                                               (I) IN GENERAL.—The amount of the annual                ‘‘(1) LARGE-SCALE PILOT PROJECT.—The                 recognizes as transformational technology.
                                             charges described in clause (i) shall be estab-         term ‘large-scale pilot project’ means a pilot           ‘‘(b) COAL AND NATURAL GAS TECHNOLOGY
                                             lished through agreement between the pro-               project that—                                          PROGRAM.—
                                             posed lessee and the Tribes.                              ‘‘(A) represents the scale of technology de-           ‘‘(1) IN GENERAL.—The Secretary shall es-
                                               (II) CONDITION.—The agreement under sub-              velopment beyond laboratory development                tablish a coal and natural gas technology
                                             clause (I), including any modification of the           and bench scale testing, but not yet ad-               program to ensure the continued use of the
                                             agreement, shall be deemed to be a condition            vanced to the point of being tested under              abundant domestic coal and natural gas re-
                                             to the lease of power privilege issued by the           real operational conditions at commercial              sources of the United States through the de-
                                             Secretary for a project under paragraph (2).            scale;                                                 velopment of transformational technologies
                                               (iii) DISPUTE RESOLUTION.—                              ‘‘(B) represents the scale of technology             that will significantly improve the effi-
                                               (I) IN GENERAL.—If the proposed lessee and            necessary to gain the operational data need-           ciency, effectiveness, costs, and environ-
                                             the Tribes cannot agree to the terms of an              ed to understand the technical and perform-            mental performance of coal and natural gas
                                             agreement under clause (ii)(I), the proposed            ance risks of the technology before the appli-         use.
                                             lessee and the Tribes shall submit notice of            cation of that technology at commercial                  ‘‘(2) REQUIREMENTS.—The program shall in-
                                             the dispute to the Director.                            scale or in commercial-scale demonstration;            clude—
                                               (II) RESOLUTION.—The Director shall re-               and                                                      ‘‘(A) a research and development program;
                                             solve the dispute described in subclause (I)              ‘‘(C) is large enough—                                 ‘‘(B) large-scale pilot projects;




dlhill on DSKBBY8HB2PROD with SENATE
                                             not later than 180 days after the date on                 ‘‘(i) to validate scaling factors; and                 ‘‘(C) demonstration projects, in accordance
                                             which the Director receives notice of the dis-            ‘‘(ii) to demonstrate the interaction be-            with paragraph (4); and
                                             pute under that subclause.                              tween major components so that control phi-              ‘‘(D) a front-end engineering and design
                                               (C) ADDITIONAL CONDITIONS.—The Secretary              losophies for a new process can be developed           program.
                                             may include in any lease of power privilege             and enable the technology to advance from                ‘‘(3) PROGRAM GOALS AND OBJECTIVES.—In
                                             issued by the Secretary for a project under             large-scale pilot plant application to com-            consultation with the interested entities de-
                                             paragraph (2) other conditions determined               mercial-scale demonstration or application.            scribed in paragraph (6)(C), the Secretary




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                        S1549
                                             shall develop goals and objectives for the              gas electric generation facilities for commer-         the program goals and objectives adopted
                                             program to be applied to the trans-                     cial deployment; and                                   under subsection (b)(3).
                                             formational technologies developed within                 ‘‘(G) Identifying any barriers to the com-             ‘‘(2) UPDATE.—Not less frequently than
                                             the program, taking into consideration the              mercial deployment of any technologies                 once every 2 years after the initial report is
                                             following:                                              under development for the capture of carbon            submitted under paragraph (1), the Secretary
                                               ‘‘(A) Increasing the performance of coal              dioxide produced by coal and natural gas               shall submit to Congress a report describing
                                             and natural gas electric generation facili-             electric generation facilities.                        the progress made towards achieving the
                                             ties, including by—                                       ‘‘(4) DEMONSTRATION PROJECTS.—                       program goals and objectives adopted under
                                               ‘‘(i) ensuring reliable, low-cost power from            ‘‘(A) IN GENERAL.—In carrying out the pro-           subsection (b)(3).
                                             new and existing coal and natural gas elec-             gram, the Secretary shall establish a dem-               ‘‘(d) FUNDING.—
                                             tric generation facilities;                             onstration program under which the Sec-                  ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—
                                               ‘‘(ii) achieving high conversion efficiencies;        retary shall enter into agreements by not              There are authorized to be appropriated to
                                               ‘‘(iii) addressing emissions of carbon diox-          later than September 30, 2025, for demonstra-          the Secretary to carry out this section, to
                                             ide through high-efficiency platforms;                  tion projects to demonstrate the construc-             remain available until expended—
                                               ‘‘(iv) developing small-scale and modular             tion and operation of not fewer than 5 facili-           ‘‘(A) for activities under the research and
                                             technologies to support incremental capac-              ties to capture carbon dioxide from coal and           development program component described
                                             ity additions and load following generation,            natural gas electric generation facilities.            in subsection (b)(2)(A)—
                                             in addition to large-scale generation tech-               ‘‘(B) REQUIREMENT.—Of the demonstration                ‘‘(i) $230,000,000 for each of fiscal years 2021
                                             nologies;                                               projects carried out under subparagraph                and 2022; and
                                               ‘‘(v) supporting dispatchable operations for          (A)—                                                     ‘‘(ii) $150,000,000 for each of fiscal years 2023
                                             new and existing applications of coal and                 ‘‘(i) not fewer than 2 shall be designed to          through 2025;
                                             natural gas generation; and                             capture carbon dioxide from a natural gas                ‘‘(B) subject to paragraph (2), for activities
                                               ‘‘(vi) accelerating the development of tech-          electric generation facility; and                      under the large-scale pilot projects program
                                             nologies that have transformational energy                ‘‘(ii) not fewer than 2 shall be designed to         component described in subsection (b)(2)(B)—
                                             conversion characteristics.                             capture carbon dioxide from a coal electric              ‘‘(i) $347,000,000 for each of fiscal years 2021
                                               ‘‘(B) Using carbon capture, utilization, and          generation facility.                                   and 2022;
                                             sequestration technologies to decrease the                ‘‘(C) GOALS.—Each demonstration project                ‘‘(ii) $272,000,000 for each of fiscal years 2023
                                             carbon dioxide emissions, and the environ-              under the demonstration program shall be               and 2024; and
                                             mental impact from carbon dioxide emis-                 designed to further the development, deploy-             ‘‘(iii) $250,000,000 for fiscal year 2025;
                                             sions, from new and existing coal and nat-              ment, and commercialization of technologies              ‘‘(C) for activities under the demonstration
                                             ural gas electric generation facilities, in-            to capture and sequester carbon dioxide                projects program component described in
                                             cluding by—                                             emissions from new and existing coal and               subsection (b)(2)(C)—
                                               ‘‘(i) accelerating the development, deploy-           natural gas electric generation facilities.              ‘‘(i) $100,000,000 for each of fiscal years 2021
                                             ment, and commercialization of technologies               ‘‘(D) APPLICATIONS.—                                 and 2022; and
                                             to capture and sequester carbon dioxide                   ‘‘(i) IN GENERAL.—To be eligible to enter              ‘‘(ii) $500,000,000 for each of fiscal years 2023
                                             emissions from new and existing coal and                into an agreement with the Secretary for a             through 2025; and
                                             natural gas electric generation facilities;                                                                      ‘‘(D) for activities under the front-end en-
                                                                                                     demonstration project under subparagraph
                                               ‘‘(ii) supporting sites for safe geological                                                                  gineering and design program described in
                                                                                                     (A), an entity shall submit to the Secretary
                                             storage of large volumes of anthropogenic                                                                      subsection (b)(2)(D), $50,000,000 for each of fis-
                                                                                                     an application at such time, in such manner,
                                             sources of carbon dioxide and the develop-                                                                     cal years 2021 through 2024.
                                                                                                     and containing such information as the Sec-
                                             ment of the infrastructure needed to support                                                                     ‘‘(2) COST SHARING FOR LARGE-SCALE PILOT
                                                                                                     retary may require.
                                             a carbon dioxide utilization and storage in-                                                                   PROJECTS.—Activities           under    subsection
                                                                                                       ‘‘(ii) REVIEW OF APPLICATIONS.—In review-
                                             dustry;                                                                                                        (b)(2)(B) shall be subject to the cost-sharing
                                                                                                     ing applications submitted under clause (i),
                                               ‘‘(iii) improving the conversion, utiliza-                                                                   requirements of section 988(b).’’.
                                                                                                     the Secretary, to the maximum extent prac-
                                             tion, and storage of carbon dioxide produced                                                                     (b) TECHNICAL AMENDMENT.—The table of
                                                                                                     ticable, shall—
                                             from fossil fuels and other anthropogenic                                                                      contents for the Energy Policy Act of 2005
                                             sources of carbon dioxide;                                ‘‘(I) ensure a broad geographic distribution
                                                                                                     of project sites;                                      (Public Law 109–58; 119 Stat. 600) is amended
                                               ‘‘(iv) lowering greenhouse gas emissions for                                                                 by striking the item relating to section 962
                                             all fossil fuel production, generation, deliv-            ‘‘(II) ensure that a broad selection of elec-
                                                                                                     tric generation facilities are represented;            and inserting the following:
                                             ery, and use, to the maximum extent prac-                                                                      ‘‘Sec. 962. Coal and natural gas technology
                                             ticable;                                                  ‘‘(III) ensure that a broad selection of tech-
                                                                                                     nologies are represented; and                                          program.’’.
                                               ‘‘(v) developing carbon utilization tech-                                                                    SEC. 1403. CARBON STORAGE VALIDATION AND
                                             nologies, products, and methods, including                ‘‘(IV) leverage existing public-private part-
                                                                                                     nerships and Federal resources.                                    TESTING.
                                             carbon use and reuse for commercial applica-                                                                     (a) IN GENERAL.—Section 963 of the Energy
                                             tion;                                                     ‘‘(5) INTRAAGENCY COORDINATION FOR CAR-
                                                                                                     BON CAPTURE, UTILIZATION, AND SEQUESTRA-               Policy Act of 2005 (42 U.S.C. 16293) is amend-
                                               ‘‘(vi) developing net-negative carbon diox-                                                                  ed—
                                             ide emissions technologies; and                         TION ACTIVITIES.—The carbon capture, utili-
                                                                                                     zation, and sequestration activities de-                 (1) by striking subsection (d) and inserting
                                               ‘‘(vii) developing technologies for the cap-                                                                 the following:
                                             ture of carbon dioxide produced during the              scribed in paragraph (3)(B) shall be carried
                                                                                                                                                              ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—
                                             production of hydrogen from natural gas.                out by the Assistant Secretary for Fossil En-
                                                                                                                                                            There are authorized to be appropriated to
                                               ‘‘(C) Decreasing the non-carbon dioxide rel-          ergy, in coordination with the heads of other
                                                                                                                                                            the Secretary to carry out this section—
                                             evant environmental impacts of coal and                 relevant offices of the Department and the
                                                                                                                                                              ‘‘(1) $105,000,000 for fiscal year 2021;
                                             natural gas production, including by—                   National Laboratories.
                                                                                                                                                              ‘‘(2) $110,250,000 for fiscal year 2022;
                                               ‘‘(i) further reducing non-carbon dioxide               ‘‘(6) CONSULTATIONS REQUIRED.—In carrying
                                                                                                                                                              ‘‘(3) $115,763,000 for fiscal year 2023;
                                             air emissions; and                                      out the program, the Secretary shall—
                                                                                                                                                              ‘‘(4) $121,551,000 for fiscal year 2024; and
                                               ‘‘(ii) reducing the use, and managing the               ‘‘(A) undertake international collabora-
                                                                                                                                                              ‘‘(5) $127,628,000 for fiscal year 2025.’’;
                                             discharge, of water in power plant oper-                tions, taking into consideration the rec-
                                                                                                                                                              (2) in subsection (c)—
                                             ations.                                                 ommendations of the National Coal Council
                                                                                                                                                              (A) by striking paragraphs (5) and (6) and
                                               ‘‘(D) Accelerating the development of tech-           and the National Petroleum Council;
                                                                                                                                                            inserting the following:
                                             nologies to capture carbon dioxide emissions              ‘‘(B) use existing authorities to encourage            ‘‘(f) COST SHARING.—Activities carried out
                                             from industrial facilities, including—                  international cooperation; and                         under this section shall be subject to the
                                               ‘‘(i) nontraditional fuel manufacturing fa-             ‘‘(C) consult with interested entities, in-          cost-sharing requirements of section 988.’’;
                                             cilities, including ethanol or other biofuel            cluding—                                               and
                                             production plants or hydrogen production                  ‘‘(i) coal and natural gas producers;                  (B) by redesignating paragraph (4) as sub-
                                             plants; and                                               ‘‘(ii) industries that use coal and natural          section (e) and indenting appropriately;
                                               ‘‘(ii) energy-intensive manufacturing fa-             gas;                                                     (3) in subsection (e) (as so redesignated)—
                                             cilities that produce carbon dioxide as a by-             ‘‘(iii) organizations that promote coal, ad-           (A) by redesignating subparagraphs (A) and
                                             product of operations.                                  vanced coal, and natural gas technologies;             (B) as paragraphs (1) and (2), respectively,
                                               ‘‘(E) Examining methods of converting                   ‘‘(iv) environmental organizations;                  and indenting appropriately; and
                                             coal and natural gas to other valuable prod-              ‘‘(v) organizations representing workers;              (B) by striking ‘‘subsection’’ each place it
                                             ucts and commodities in addition to elec-               and                                                    appears and inserting ‘‘section’’; and




dlhill on DSKBBY8HB2PROD with SENATE
                                             tricity, including hydrogen.                              ‘‘(vi) organizations representing con-                 (4) by striking the section designation and
                                               ‘‘(F) Entering into cooperative agreements            sumers.                                                heading and all that follows through the end
                                             to carry out and expedite demonstration                   ‘‘(c) REPORT.—                                       of subsection (c)(3) and inserting the fol-
                                             projects (including pilot projects) to dem-               ‘‘(1) IN GENERAL.—Not later than 18 months           lowing:
                                             onstrate the technical and commercial via-              after the date of enactment of the American            ‘‘SEC. 963. CARBON STORAGE VALIDATION AND
                                             bility of technologies to reduce carbon diox-           Energy Innovation Act of 2020, the Secretary                        TESTING.
                                             ide emissions released from coal and natural            shall submit to Congress a report describing              ‘‘(a) DEFINITIONS.—In this section:




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                                             S1550                                             CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                               ‘‘(1) LARGE-SCALE CARBON SEQUESTRATION.—              Innovation Act of 2020) for additional work            ‘‘SEC. 969. CARBON UTILIZATION PROGRAM.
                                             The term ‘large-scale carbon sequestration’             on that project.                                          ‘‘(a) IN GENERAL.—The Secretary shall es-
                                             means a scale that—                                       ‘‘(3) DEMONSTRATION COMPONENTS.—Each                 tablish a program of research, development,
                                               ‘‘(A) demonstrates the ability to inject              demonstration project carried out under this           and demonstration for carbon utilization—
                                             into geologic formations and sequester car-             subsection shall include longitudinal tests              ‘‘(1) to assess and monitor—
                                             bon dioxide; and                                        involving carbon dioxide injection and moni-             ‘‘(A) potential changes in lifecycle carbon
                                               ‘‘(B) has a goal of sequestering not less             toring, mitigation, and verification oper-             dioxide and other greenhouse gas emissions;
                                             than 50 million metric tons of carbon dioxide           ations.                                                and
                                             over a 10-year period.                                    ‘‘(4) CLEARINGHOUSE.—The National Energy               ‘‘(B) other environmental safety indicators
                                               ‘‘(2) PROGRAM.—The term ‘program’ means               Technology Laboratory shall act as a clear-            of new technologies, practices, processes, or
                                             the program established under subsection                inghouse of shared information and re-                 methods used in enhanced hydrocarbon re-
                                             (b)(1).                                                 sources for—                                           covery as part of the activities authorized
                                               ‘‘(b) CARBON STORAGE PROGRAM.—                          ‘‘(A) existing or completed demonstration            under section 963;
                                               ‘‘(1) IN GENERAL.—The Secretary shall es-             projects receiving additional funding under              ‘‘(2) to identify and assess novel uses for
                                             tablish a program of research, development,             paragraph (2); and                                     carbon, including the conversion of carbon
                                             and demonstration for carbon storage.                     ‘‘(B) any new demonstration projects fund-           and carbon oxides for commercial and indus-
                                               ‘‘(2) PROGRAM ACTIVITIES.—Activities under            ed under this subsection.                              trial products and other products with po-
                                             the program shall include—                                ‘‘(5) REPORT.—Not later than 1 year after            tential market value;
                                               ‘‘(A) in coordination with relevant Federal           the date of enactment of the American En-                ‘‘(3) to identify and assess carbon capture
                                             agencies, developing and maintaining map-               ergy Innovation Act of 2020, the Secretary             technologies for industrial systems; and
                                             ping tools and resources that assess the ca-            shall submit to the Committee on Energy                  ‘‘(4) to identify and assess alternative uses
                                             pacity of geologic storage formation in the             and Natural Resources of the Senate and the            for raw coal and processed coal products in
                                             United States;                                          Committee on Science, Space, and Tech-                 all phases, including products derived from
                                               ‘‘(B) developing monitoring tools, mod-               nology of the House of Representatives a re-           carbon engineering, carbon fiber, and coal
                                             eling of geologic formations, and analyses—             port that—                                             conversion methods.
                                                                                                       ‘‘(A) assesses the progress of all regional            ‘‘(b) DEMONSTRATION PROGRAMS FOR THE
                                               ‘‘(i) to predict carbon dioxide containment;
                                                                                                     carbon sequestration partnerships carrying             PURPOSE OF COMMERCIALIZATION.—
                                             and
                                                                                                     out a demonstration project under this sub-              ‘‘(1) IN GENERAL.—Not later than 180 days
                                               ‘‘(ii) to account for sequestered carbon di-
                                                                                                     section;                                               after the date of enactment of this section,
                                             oxide in geologic storage sites;
                                                                                                       ‘‘(B) identifies the remaining challenges in         the Secretary shall establish a 2-year dem-
                                               ‘‘(C) researching—
                                                                                                     achieving large-scale carbon sequestration             onstration program in each of the 2 major
                                               ‘‘(i) potential environmental, safety, and
                                                                                                     that is reliable and safe for the environment          coal-producing regions of the United States
                                             health impacts in the event of a leak into
                                                                                                     and public health; and                                 for the purpose of partnering with private in-
                                             the atmosphere or to an aquifer; and
                                                                                                       ‘‘(C) creates a roadmap for carbon storage           stitutions in coal mining regions to accel-
                                               ‘‘(ii) any corresponding mitigation actions
                                                                                                     research and development activities of the             erate the commercial deployment of coal-
                                             or responses to limit harmful consequences              Department through 2025, with the goal of
                                             of such a leak;                                                                                                carbon products.
                                                                                                     reducing economic and policy barriers to
                                               ‘‘(D) evaluating the interactions of carbon                                                                    ‘‘(2) COST SHARING.—Activities under para-
                                                                                                     commercial carbon sequestration.
                                             dioxide with formation solids and fluids, in-                                                                  graph (1) shall be subject to the cost-sharing
                                                                                                       ‘‘(d) INTEGRATED STORAGE.—
                                             cluding the propensity of injections to in-               ‘‘(1) IN GENERAL.—The Secretary may tran-            requirements of section 988.
                                             duce seismic activity;                                  sition large-scale carbon sequestration dem-             ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
                                               ‘‘(E) assessing and ensuring the safety of            onstration projects under subsection (c) into          There are authorized to be appropriated to
                                             operations relating to geologic sequestration           integrated commercial storage complexes.               the Secretary to carry out this section—
                                             of carbon dioxide;                                        ‘‘(2) GOALS AND OBJECTIVES.—The goals and              ‘‘(1) $29,000,000 for fiscal year 2021;
                                               ‘‘(F) determining the fate of carbon dioxide          objectives of the Secretary in seeking to                ‘‘(2) $30,250,000 for fiscal year 2022;
                                             concurrent with and following injection into            transition large-scale carbon sequestration              ‘‘(3) $31,562,500 for fiscal year 2023;
                                             geologic formations; and                                demonstration projects into integrated com-              ‘‘(4) $32,940,625 for fiscal year 2024; and
                                               ‘‘(G) supporting cost and business model              mercial storage complexes under paragraph                ‘‘(5) $34,387,656 for fiscal year 2025.’’.
                                             assessments to examine the economic viabil-             (1) shall be—                                            (2) TECHNICAL AMENDMENT.—The table of
                                             ity of technologies and systems developed                 ‘‘(A) to identify geologic storage sites that        contents for the Energy Policy Act of 2005
                                             under the program.                                      are able to accept large volumes of carbon             (Public Law 109–58; 119 Stat. 600) is amended
                                               ‘‘(3) GEOLOGIC SETTINGS.—In carrying out              dioxide acceptable for commercial contracts;           by adding at the end of the items relating to
                                             research activities under this subsection, the            ‘‘(B) to understand the technical and com-           subtitle F of title IX the following:
                                             Secretary shall consider a variety of can-              mercial viability of carbon dioxide geologic           ‘‘Sec. 969. Carbon utilization program.’’.
                                             didate onshore and offshore geologic set-               storage sites; and                                       (b) STUDY.—
                                             tings, including—                                         ‘‘(C) to carry out any other activities nec-           (1) IN GENERAL.—The Secretary shall enter
                                               ‘‘(A) operating oil and gas fields;                   essary to transition the large-scale carbon            into an agreement with the National Acad-
                                               ‘‘(B) depleted oil and gas fields;                    sequestration demonstration projects under             emies of Sciences, Engineering, and Medicine
                                               ‘‘(C) residual oil zones;                             subsection (c) into integrated commercial              under which the National Academies of
                                               ‘‘(D) unconventional reservoirs and rock              storage complexes.’’.                                  Sciences, Engineering, and Medicine shall
                                             types;                                                    (b) TECHNICAL AMENDMENT.—The table of                conduct a study to assess any barriers and
                                               ‘‘(E) unmineable coal seams;                          contents for the Energy Policy Act of 2005             opportunities relating to commercializing
                                               ‘‘(F) saline formations in both sedimentary           (Public Law 109–58; 119 Stat. 600; 121 Stat.           carbon, coal-derived carbon, and carbon di-
                                             and basaltic geologies;                                 1708) is amended by striking the item relat-           oxide in the United States.
                                               ‘‘(G) geologic systems that may be used as            ing to section 963 and inserting the fol-                (2) REQUIREMENTS.—The study under para-
                                             engineered reservoirs to extract economical             lowing:                                                graph (1) shall—
                                             quantities of brine from geothermal re-                 ‘‘Sec. 963. Carbon storage validation and                (A) analyze challenges to commercializing
                                             sources of low permeability or porosity; and                           testing.’’.                             carbon dioxide, including—
                                               ‘‘(H) geologic systems containing in situ               (c) CONFORMING AMENDMENTS.—                            (i) expanding carbon dioxide pipeline ca-
                                             carbon dioxide mineralization formations.                 (1) Section 703(a)(3) of the Department of           pacity;
                                               ‘‘(c) LARGE-SCALE CARBON SEQUESTRATION                Energy Carbon Capture and Sequestration                  (ii) mitigating environmental impacts;
                                             DEMONSTRATION PROGRAM.—                                 Research, Development, and Demonstration                 (iii) access to capital;
                                               ‘‘(1) IN GENERAL.—The Secretary shall es-             Act of 2007 (42 U.S.C. 17251(a)(3)) is amended,          (iv) geographic barriers; and
                                             tablish a demonstration program under                   in the first sentence of the matter preceding            (v) regional economic challenges and op-
                                             which the Secretary shall provide funding               subparagraph (A), by striking ‘‘section                portunities;
                                             for demonstration projects to collect and               963(c)(3)’’ and inserting ‘‘section 963(c)’’.            (B) identify potential markets, industries,
                                             validate information on the cost and feasi-               (2) Section 704 of the Department of En-             or sectors that may benefit from greater ac-
                                             bility of commercial deployment of large-               ergy Carbon Capture and Sequestration Re-              cess to commercial carbon dioxide;
                                             scale carbon sequestration technologies.                search, Development, and Demonstration                   (C) determine the feasibility of, and oppor-
                                               ‘‘(2) EXISTING REGIONAL CARBON SEQUESTRA-             Act of 2007 (42 U.S.C. 17252) is amended, in           tunities for, the commercialization of coal-
                                             TION PARTNERSHIPS.—In carrying out para-                the first sentence, by striking ‘‘section              derived carbon products, including for—




dlhill on DSKBBY8HB2PROD with SENATE
                                             graph (1), the Secretary may provide addi-              963(c)(3)’’ and inserting ‘‘section 963(c)’’.            (i) commercial purposes;
                                             tional funding to regional carbon sequestra-            SEC. 1404. CARBON UTILIZATION PROGRAM.                   (ii) industrial purposes;
                                             tion partnerships that are carrying out or                (a) CARBON UTILIZATION PROGRAM.—                       (iii) defense and military purposes;
                                             have completed a large-scale carbon seques-               (1) IN GENERAL.—Subtitle F of title IX of              (iv) agricultural purposes, including soil
                                             tration demonstration project under this                the Energy Policy Act of 2005 (42 U.S.C. 16291         amendments and fertilizers;
                                             section (as in effect on the day before the             et seq.) is amended by adding at the end the             (v) medical and pharmaceutical applica-
                                             date of enactment of the American Energy                following:                                             tions;




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                       S1551
                                               (vi) construction and building applications;            ‘‘(c) PROGRAM ACTIVITIES.—The program                  ‘‘(B) support large-scale pilot and dem-
                                               (vii) energy applications; and                        may include research, development, and                 onstration projects and test direct air cap-
                                               (viii) production of critical minerals;               demonstration activities relating to—                  ture and storage technologies;
                                               (D) assess—                                             ‘‘(1) direct air capture and storage tech-             ‘‘(C) develop front-end engineering design
                                               (i) the state of infrastructure as of the date        nologies;                                              and economic analysis; and
                                             of the study; and                                         ‘‘(2) bioenergy with carbon capture and se-            ‘‘(D) maintain a public record of pilot and
                                               (ii) any necessary updates to infrastruc-             questration;                                           full-scale plant performance.
                                             ture to allow for the integration of safe and             ‘‘(3) enhanced geological weathering;                  ‘‘(3) SELECTION.—
                                             reliable carbon dioxide transportation, use,              ‘‘(4) agricultural practices;                          ‘‘(A) IN GENERAL.—The Secretary shall se-
                                             and storage;                                              ‘‘(5) forest management and afforestation;           lect entities to receive grants under this sub-
                                               (E) describe the economic, climate, and en-           and                                                    section according to such criteria as the Sec-
                                             vironmental impacts of any well-integrated                ‘‘(6) planned or managed carbon sinks, in-           retary may develop.
                                             national carbon dioxide pipeline system, in-            cluding natural and artificial.                          ‘‘(B) COMPETITIVE BASIS.—The Secretary
                                             cluding suggestions for policies that could—              ‘‘(d) REQUIREMENTS.—In developing and                shall select entities to receive grants under
                                               (i) improve the economic impact of the                identifying carbon removal technologies and            this subsection on a competitive basis.
                                             system; and                                             strategies under the program, the Secretary              ‘‘(C) PRIORITY CRITERIA.—In selecting enti-
                                               (ii) mitigate impacts of the system;                  shall consider—                                        ties to receive grants under this subsection,
                                               (F) assess the global status and progress of            ‘‘(1) land use changes, including impacts on         the Secretary shall prioritize applicants
                                             chemical and biological carbon utilization              natural and managed ecosystems;                        that—
                                             technologies in practice as of the date of the            ‘‘(2) ocean acidification;                             ‘‘(i) have access to existing or planned re-
                                             study that utilize anthropogenic carbon, in-              ‘‘(3) net greenhouse gas emissions;                  search facilities for direct air capture and
                                             cluding carbon dioxide, carbon monoxide,                  ‘‘(4) commercial viability;                          storage technologies;
                                             methane, and biogas, from power generation,               ‘‘(5) potential for near-term impact;                  ‘‘(ii) are institutions of higher education
                                                                                                       ‘‘(6) potential for carbon reductions on a
                                             biofuels production, and other industrial                                                                      with established expertise in engineering for
                                                                                                     gigaton scale; and
                                             processes;                                                                                                     direct air capture and storage technologies,
                                                                                                       ‘‘(7) economic cobenefits.
                                               (G) identify emerging technologies and ap-              ‘‘(e) AIR CAPTURE TECHNOLOGY PRIZE COM-              or partnerships with such institutions of
                                             proaches for carbon utilization that show               PETITION.—
                                                                                                                                                            higher education; or
                                             promise for scale-up, demonstration, deploy-              ‘‘(1) DEFINITIONS.—In this subsection:                 ‘‘(iii) have access to existing research and
                                             ment, and commercialization;                              ‘‘(A) DILUTE MEDIA.—The term ‘dilute                 test facilities for bulk materials design and
                                               (H) analyze the factors associated with               media’ means media in which the concentra-             testing, component design and testing, or
                                             making carbon utilization technologies via-             tion of carbon dioxide is less than 1 percent          professional engineering design.
                                             ble at a commercial scale, including carbon             by volume.                                               ‘‘(4) FORMULA FOR AWARDING GRANTS.—The
                                             waste stream availability, economics, mar-                ‘‘(B) PRIZE COMPETITION.—The term ‘prize             Secretary may develop a formula for award-
                                             ket capacity, energy, and lifecycle require-            competition’ means the competitive tech-               ing grants under this subsection.
                                             ments;                                                  nology prize competition established under               ‘‘(5) SCHEDULE.—
                                               (I)(i) assess the major technical challenges          paragraph (2).                                           ‘‘(A) IN GENERAL.—Each grant awarded
                                             associated with increasing the commercial                 ‘‘(2) ESTABLISHMENT.—Not later than 2                under this subsection shall be for a term of
                                             viability of carbon reuse technologies; and             years after the date of enactment of this sec-         not more than 5 years, subject to the avail-
                                               (ii) identify the research and development            tion, the Secretary, in consultation with the          ability of appropriations.
                                             questions that will address the challenges              Administrator of the Environmental Protec-               ‘‘(B) RENEWAL.—The Secretary may renew
                                             described in clause (i);                                tion Agency, shall establish as part of the            a grant for 1 or more additional 5-year
                                               (J)(i) assess research efforts being carried          program a competitive technology prize                 terms, subject to a competitive merit review
                                             out as of the date of the study, including              competition to award prizes for carbon diox-           and the availability of appropriations.
                                             basic, applied, engineering, and computa-               ide capture from dilute media.                           ‘‘(6) TERMINATION.—To the extent other-
                                             tional research efforts, that are addressing              ‘‘(3) REQUIREMENTS.—In carrying out this             wise authorized by law, the Secretary may
                                             the challenges described in subparagraph                subsection, the Secretary, in accordance               eliminate, and terminate grant funding
                                             (I)(i); and                                             with section 24 of the Stevenson-Wydler                under this subsection for, a Center during
                                               (ii) identify gaps in the research efforts            Technology Innovation Act of 1980 (15 U.S.C.           any 5-year term described in paragraph (5) if
                                             under clause (i);                                       3719), shall develop requirements for—                 the Secretary determines that the Center is
                                               (K) develop a comprehensive research                    ‘‘(A) the prize competition process; and             underperforming.
                                             agenda that addresses long- and short-term                                                                       ‘‘(g)      PILOT       AND      DEMONSTRATION
                                                                                                       ‘‘(B) monitoring and verification proce-
                                             research needs and opportunities; and                                                                          PROJECTS.—In supporting the technology de-
                                                                                                     dures for projects selected to receive a prize
                                               (L)(i) identify appropriate Federal agencies                                                                 velopment activities under this section, the
                                                                                                     under the prize competition.
                                             with capabilities to support small business                                                                    Secretary is encouraged to support carbon
                                                                                                       ‘‘(4) ELIGIBLE PROJECTS.—To be eligible to
                                             entities; and                                                                                                  removal pilot and demonstration projects,
                                                                                                     be awarded a prize under the prize competi-            including—
                                               (ii) determine what assistance the Federal            tion, a project shall—
                                             agencies identified under clause (i) could                                                                       ‘‘(1) pilot projects that test direct air cap-
                                                                                                       ‘‘(A) meet minimum performance stand-                ture systems capable of capturing 10 to 100
                                             provide to small business entities to further           ards set by the Secretary;
                                             the development and commercial deploy-                                                                         tonnes of carbon oxides per year to provide
                                                                                                       ‘‘(B) meet minimum levels set by the Sec-            data for demonstration-scale projects; and
                                             ment of carbon dioxide-based products.                  retary for the capture of carbon dioxide from
                                               (3) DEADLINE.—Not later than 180 days                                                                          ‘‘(2) direct air capture demonstration
                                                                                                     dilute media; and                                      projects capable of capturing greater than
                                             after the date of enactment of this Act, the              ‘‘(C) demonstrate in the application of the
                                             National Academies of Sciences, Engineer-                                                                      1,000 tonnes of carbon oxides per year.
                                                                                                     project for a prize—                                     ‘‘(h) INTRAAGENCY COORDINATION.—The di-
                                             ing, and Medicine shall submit to the Sec-                ‘‘(i) a design for a promising carbon cap-
                                             retary a report describing the results of the                                                                  rect air capture activities carried out under
                                                                                                     ture technology that will—                             subsections (c)(1) and (e) shall be carried out
                                             study under paragraph (1).                                ‘‘(I) be operated on a demonstration scale;          in coordination with, and leveraging lessons
                                             SEC. 1405. CARBON REMOVAL.                              and                                                    learned from, the coal and natural gas tech-
                                               (a) IN GENERAL.—Subtitle F of title IX of               ‘‘(II) have the potential to achieve signifi-        nology program established under section
                                             the Energy Policy Act of 2005 (42 U.S.C. 16291          cant reduction in the level of carbon dioxide          962(b)(1).
                                             et seq.) (as amended by section 1404(a)(1)) is          in the atmosphere;                                       ‘‘(i) ACCOUNTING.—The Secretary shall col-
                                             amended by adding at the end the following:               ‘‘(ii) a successful bench-scale demonstra-           laborate with the Administrator of the Envi-
                                             ‘‘SEC. 969A. CARBON REMOVAL.                            tion of a carbon capture technology; or                ronmental Protection Agency and the heads
                                                ‘‘(a) ESTABLISHMENT.—The     Secretary, in             ‘‘(iii) an operational carbon capture tech-          of other relevant Federal agencies to develop
                                             coordination with the heads of appropriate              nology on a commercial scale.                          and improve accounting frameworks and
                                             Federal agencies, including the Secretary of              ‘‘(f) DIRECT AIR CAPTURE TEST CENTER.—               tools to accurately measure carbon removal
                                             Agriculture, shall establish a research, de-              ‘‘(1) IN GENERAL.—Not later than 2 years             and sequestration methods and technologies
                                             velopment, and demonstration program (re-               after the date of enactment of this section,           across the Federal Government.
                                             ferred to in this section as the ‘program’) to          the Secretary shall award grants to 1 or                 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—
                                             test, validate, or improve technologies and             more entities for the operation of 1 or more           There are authorized to be appropriated to
                                             strategies to remove carbon dioxide from the            test centers (referred to in this subsection as        the Secretary to carry out this section—




dlhill on DSKBBY8HB2PROD with SENATE
                                             atmosphere on a large scale.                            a ‘Center’) to provide unique testing capa-              ‘‘(1) $75,000,000 for fiscal year 2021, of which
                                               ‘‘(b) INTRAAGENCY COORDINATION.—The Sec-              bilities for innovative direct air capture and         $15,000,000 shall be used to carry out sub-
                                             retary shall ensure that the program in-                storage technologies.                                  section (e);
                                             cludes the coordinated participation of the               ‘‘(2) PURPOSE.—Each Center shall—                      ‘‘(2) $63,500,000 for fiscal year 2022;
                                             Office of Fossil Energy, the Office of Science,           ‘‘(A) advance research, development, dem-              ‘‘(3) $66,150,000 for fiscal year 2023;
                                             and the Office of Energy Efficiency and Re-             onstration, and commercial application of                ‘‘(4) $69,458,000 for fiscal year 2024; and
                                             newable Energy.                                         direct air capture and storage technologies;             ‘‘(5) $72,930,000 for fiscal year 2025.’’.




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                                             S1552                                             CONGRESSIONAL RECORD — SENATE                                                           March 5, 2020
                                               (b) TECHNICAL AMENDMENT.—The table of                   (A) by striking ‘‘this section’’ and insert-            (A) in the matter preceding paragraph (1),
                                             contents for the Energy Policy Act of 2005              ing ‘‘this subsection’’;                               by striking ‘‘this section’’ and inserting
                                             (Public Law 109–58; 119 Stat. 600) (as amended            (B) by striking ‘‘minimize environmental’’           ‘‘this subsection’’; and
                                             by section 1404(a)(2)) is amended by adding at          and inserting ‘‘improve fuel cycle perform-               (B) by redesignating paragraphs (1)
                                             the end of the items relating to subtitle F of          ance while minimizing the cost and com-                through (4) as subparagraphs (A) through
                                             title IX the following:                                 plexity of processing, environmental im-               (D), respectively, and indenting appro-
                                             ‘‘Sec. 969A. Carbon removal.’’.                         pacts,’’; and                                          priately;
                                                           Subtitle E—Nuclear                          (C) by striking ‘‘the Generation IV’’;                  (5) in subsection (e), by striking ‘‘this sec-
                                                                                                       (3) by inserting after paragraph (1) (as so          tion’’ and inserting ‘‘this subsection’’;
                                             SEC. 1501. LIGHT WATER REACTOR SUSTAIN-
                                                                                                     redesignated) the following:                              (6) in subsection (f)—
                                                        ABILITY PROGRAM.
                                                                                                       ‘‘(2) CONSIDERATIONS.—In carrying out ac-               (A) by striking ‘‘this section’’ and insert-
                                               Section 952 of the Energy Policy Act of
                                                                                                     tivities under the program, the Secretary              ing ‘‘this subsection’’; and
                                             2005 (42 U.S.C. 16272) is amended by striking
                                                                                                     shall consider the potential benefits of those            (B) by striking ‘‘subsection (b)(2)’’ and in-
                                             subsection (b) and inserting the following:             activities for civilian nuclear applications,          serting ‘‘paragraph (2)(B)’’;
                                               ‘‘(b) LIGHT WATER REACTOR SUSTAINABILITY
                                                                                                     environmental remediation, and national se-               (7) by redesignating subsections (a)
                                             PROGRAM.—The Secretary shall carry out a
                                                                                                     curity.’’;                                             through (f) as paragraphs (1), (2), (3), (4), (6),
                                             light water reactor sustainability program—
                                                                                                       (4) by inserting after paragraph (5) (as so          and (7), respectively, and indenting appro-
                                               ‘‘(1) to ensure the achievement of max-
                                                                                                     redesignated) the following:                           priately;
                                             imum benefits from existing nuclear genera-
                                                                                                       ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—                 (8) by inserting after paragraph (4) (as so
                                             tion;
                                                                                                     There is authorized to be appropriated to the          redesignated) the following:
                                               ‘‘(2) to accommodate the increase in appli-           Secretary to carry out the program                        ‘‘(5) RADIOLOGICAL FACILITIES MANAGE-
                                             cations for nuclear power plant license re-             $40,000,000 for each of fiscal years 2021              MENT.—
                                             newals expected as of the date of enactment             through 2025.’’;                                          ‘‘(A) IN GENERAL.—The Secretary shall
                                             of this subsection;                                       (5) by inserting before paragraph (1) (as so         carry out a program under which the Sec-
                                               ‘‘(3) to enable the continued operation of            redesignated) the following:                           retary shall provide project management,
                                             existing nuclear power plants through tech-               ‘‘(a) MATERIAL RECOVERY AND WASTE FORM               technical support, quality engineering and
                                             nology development;                                     DEVELOPMENT.—’’; and                                   inspection, and nuclear material support to
                                               ‘‘(4) to improve the performance and re-                (6) by adding at the end the following:              research reactors located at universities.
                                             duce the operation and maintenance costs of               ‘‘(b) ADVANCED FUELS.—                                  ‘‘(B) AUTHORIZATION OF APPROPRIATIONS.—
                                             nuclear power plants;                                     ‘‘(1) IN GENERAL.—The Secretary shall                In addition to any amounts appropriated to
                                               ‘‘(5) to promote the use of high-perform-             carry out a program to conduct research re-            carry out the program under this subsection,
                                             ance computing to simulate nuclear reactor              lating to—                                             there is authorized to be appropriated to the
                                             processes;                                                ‘‘(A) next-generation light water reactor            Secretary to carry out the program under
                                               ‘‘(6) to coordinate with other research and           fuels that demonstrate improved—                       this paragraph $15,000,000 for each of fiscal
                                             development programs of the Office of Nu-                 ‘‘(i) performance; and                               years 2021 through 2025.’’;
                                             clear Energy to ensure that developed tech-               ‘‘(ii) accident tolerance; and                          (9) by inserting before paragraph (1) (as so
                                             nologies and capabilities are part of an inte-            ‘‘(B) advanced reactor fuels that dem-               redesignated) the following:
                                             grated investment strategy, the overall focus           onstrate improved—                                        ‘‘(a) UNIVERSITY NUCLEAR SCIENCE AND EN-
                                             of which is improving the safety, security,               ‘‘(i) proliferation resistance; and                  GINEERING SUPPORT.—’’; and
                                             reliability, and economics of operating nu-               ‘‘(ii) use of resources.                                (10) by adding at the end the following:
                                             clear power plants; and                                   ‘‘(2) REQUIREMENTS.—In carrying out the                 ‘‘(b) NUCLEAR ENERGY APPRENTICESHIP SUB-
                                               ‘‘(7) to focus on—                                    program under this subsection, the Sec-                PROGRAM.—
                                               ‘‘(A) new capabilities relating to nuclear            retary shall—                                             ‘‘(1) ESTABLISHMENT.—In carrying out the
                                             energy research and development;                          ‘‘(A) focus on the development of accident-          program under subsection (a), the Secretary
                                               ‘‘(B) enabling technologies beyond indi-              tolerant fuel and cladding concepts that are           shall establish a nuclear energy apprentice-
                                             vidual programs;                                        capable of achieving initial commercializa-            ship subprogram under which the Secretary
                                               ‘‘(C) coordinating capabilities among the             tion by December 31, 2025;                             shall     establish    competitively    awarded
                                             research and development programs of the                  ‘‘(B) conduct studies regarding the means            traineeships and apprenticeships in indus-
                                             Office of Nuclear Energy;                               by which those concepts would impact reac-             tries that are represented by skilled labor
                                               ‘‘(D) examining new classes of materials              tor economics, the fuel cycle, operations,             unions and with universities to provide fo-
                                             not considered for nuclear applications;                safety, and the environment;                           cused, graduate-level training to meet high-
                                               ‘‘(E) high-risk research, which could poten-            ‘‘(C) subject to paragraph (3), publish the          ly focused needs through a tailored academic
                                             tially overcome technological limitations;              results of the studies conducted under sub-            graduate program that delivers a curriculum
                                             and                                                     paragraph (B); and                                     with a rigorous thesis or dissertation re-
                                               ‘‘(F) the potential for industry partner-               ‘‘(D) cooperate with institutions of higher          search requirement aligned with the critical
                                             ships to develop technologies relating to               education through the Nuclear Energy Uni-              needs of the Department with respect to mis-
                                             storage, hydrogen production, high-tempera-             versity and Integrated Research Projects               sion-driven workforce.
                                             ture process heat, and other relevant                   programs of the Department.                               ‘‘(2) REQUIREMENTS.—In carrying out the
                                             areas.’’.                                                 ‘‘(3) SENSITIVE INFORMATION.—The Sec-                subprogram under this subsection, the Sec-
                                             SEC. 1502. NUCLEAR ENERGY RESEARCH, DEVEL-              retary shall not publish any information               retary shall—
                                                         OPMENT, AND DEMONSTRATION.                  under paragraph (2)(C) that is detrimental to             ‘‘(A) encourage appropriate partnerships
                                               Section 952 of the Energy Policy Act of               national security, as determined by the Sec-           among National Laboratories, affected uni-
                                             2005 (42 U.S.C. 16272) is amended by adding at          retary.                                                versities, and industry; and
                                             the end the following:                                    ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—                 ‘‘(B) on an annual basis, evaluate the needs
                                               ‘‘(e) ADVANCED REACTOR TECHNOLOGIES DE-               There is authorized to be appropriated to the          of the nuclear energy community to imple-
                                             VELOPMENT PROGRAM.—                                     Secretary to carry out the program under               ment traineeships for focused topical areas
                                               ‘‘(1) IN GENERAL.—The Secretary shall                 this subsection $120,000,000 for each of fiscal        addressing mission-specific workforce needs.
                                             carry out a program under which the Sec-                years 2021 through 2025.’’.                               ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—
                                             retary shall conduct research relating to the           SEC. 1504. NUCLEAR SCIENCE AND ENGINEERING             There is authorized to be appropriated to the
                                             development of innovative nuclear reactor                           SUPPORT.                                   Secretary to carry out the subprogram under
                                             technologies that may offer improved safety,              (a) IN GENERAL.—Section 954 of the Energy            this subsection $5,000,000 for each of fiscal
                                             functionality, and affordability.                       Policy Act of 2005 (42 U.S.C. 16274) is amend-         years 2021 through 2025.’’.
                                               ‘‘(2) REQUIREMENTS.—The program under                 ed—                                                       (b) CONFORMING AMENDMENT.—The table of
                                             this subsection shall—                                     (1) in the section heading, by striking             contents of the Energy Policy Act of 2005
                                               ‘‘(A) support efforts to reduce long-term             ‘‘UNIVERSITY      NUCLEAR’’     and    inserting       (Public Law 109–58; 119 Stat. 600) is amended
                                             technical barriers for advanced nuclear en-             ‘‘NUCLEAR’’;                                           by striking the item relating to section 954
                                             ergy systems; and                                          (2) in subsection (b)—                              and inserting the following:
                                               ‘‘(B) be carried out in consultation with                (A) in the matter preceding paragraph (1),          ‘‘Sec. 954. Nuclear science and engineering
                                             the Nuclear Regulatory Commission to en-                by striking ‘‘this section’’ and inserting                            support.’’.
                                             sure identification of any relevant con-                ‘‘this subsection’’; and                               SEC. 1505. UNIVERSITY NUCLEAR LEADERSHIP
                                             cerns.’’.                                                  (B) by redesignating paragraphs (1)                            PROGRAM.




dlhill on DSKBBY8HB2PROD with SENATE
                                             SEC. 1503. ADVANCED FUELS DEVELOPMENT.                  through (5) as subparagraphs (A) through (E),            Section 313 of the Energy and Water Devel-
                                               Section 953 of the Energy Policy Act of               respectively, and indenting appropriately;             opment and Related Agencies Appropriations
                                             2005 (42 U.S.C. 16273) is amended—                         (3) in subsection (c), by redesignating para-       Act, 2009 (42 U.S.C. 16274a), is amended to
                                               (1) by redesignating subsections (a)                  graphs (1) and (2) as subparagraphs (A) and            read as follows:
                                             through (d) as paragraphs (1), (3), (4), and (5),       (B), respectively, and indenting appro-                ‘‘SEC. 313. UNIVERSITY NUCLEAR LEADERSHIP
                                             respectively, and indenting appropriately;              priately;                                                           PROGRAM.
                                               (2) in paragraph (1) (as so redesignated)—               (4) in subsection (d)—                                 ‘‘(a) DEFINITIONS.—In this section:




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1553
                                               ‘‘(1) ADVANCED NUCLEAR REACTOR.—The                     (2) in subparagraph (A), by striking ‘‘deter-          ‘‘(B) establish a program to enter into
                                             term ‘advanced nuclear reactor’ means—                  mine the mission need’’ and inserting ‘‘pro-           agreements to complete 1 additional oper-
                                               ‘‘(A) a nuclear fission reactor, including a          vide’’.                                                ational demonstration project by not later
                                             prototype plant (as defined in sections 50.2            SEC. 1507. ADVANCED NUCLEAR REACTOR RE-                than December 31, 2035.
                                             and 52.1 of title 10, Code of Federal Regula-                       SEARCH AND DEVELOPMENT GOALS.                ‘‘(2) REQUIREMENTS.—In carrying out dem-
                                             tions (or successor regulations)), with sig-              (a) IN GENERAL.—Subtitle E of title IX of            onstration projects under paragraph (1), the
                                             nificant improvements compared to the most              the Energy Policy Act of 2005 (42 U.S.C. 16271         Secretary shall—
                                             recent generation of fission reactors, includ-          et seq.) is amended by adding at the end the             ‘‘(A) include diversity in designs for the ad-
                                             ing improvements such as—                               following:                                             vanced nuclear reactors demonstrated under
                                               ‘‘(i) additional inherent safety features;            ‘‘SEC. 959A. ADVANCED NUCLEAR REACTOR RE-              this section, including designs using var-
                                               ‘‘(ii) lower waste yields;                                         SEARCH AND DEVELOPMENT GOALS.             ious—
                                               ‘‘(iii) improved fuel performance;                       ‘‘(a) DEFINITIONS.—In this section:                   ‘‘(i) primary coolants;
                                               ‘‘(iv) increased tolerance to loss of fuel               ‘‘(1) ADVANCED NUCLEAR REACTOR.—The                   ‘‘(ii) fuel types and compositions; and
                                             cooling;                                                term ‘advanced nuclear reactor’ means—                   ‘‘(iii) neutron spectra;
                                               ‘‘(v) enhanced reliability;                             ‘‘(A) a nuclear fission reactor, including a           ‘‘(B) seek to ensure that—
                                               ‘‘(vi) increased proliferation resistance;            prototype plant (as defined in sections 50.2             ‘‘(i) the long-term cost of electricity or
                                               ‘‘(vii) increased thermal efficiency;                 and 52.1 of title 10, Code of Federal Regula-          heat for each design to be demonstrated
                                               ‘‘(viii) reduced consumption of cooling               tions (or successor regulations)), with sig-           under this subsection is cost-competitive in
                                             water;                                                  nificant improvements compared to the most             the applicable market;
                                               ‘‘(ix) the ability to integrate into electric         recent generation of fission reactors, includ-           ‘‘(ii) the selected projects can meet the
                                             applications and nonelectric applications;              ing improvements such as—                              deadline established in paragraph (1) to dem-
                                               ‘‘(x) modular sizes to allow for deployment             ‘‘(i) additional inherent safety features;           onstrate first-of-a-kind advanced nuclear re-
                                             that corresponds with the demand for elec-                ‘‘(ii) lower waste yields;                           actor technologies, for which additional in-
                                             tricity; or                                               ‘‘(iii) improved fuel performance;                   formation shall be considered, including—
                                               ‘‘(xi) operational flexibility to respond to            ‘‘(iv) increased tolerance to loss of fuel             ‘‘(I) the technology readiness level of a pro-
                                             changes in demand for electricity and to                cooling;                                               posed advanced nuclear reactor technology;
                                             complement integration with intermittent                  ‘‘(v) enhanced reliability;                            ‘‘(II) the technical abilities and qualifica-
                                             renewable energy; and                                     ‘‘(vi) increased proliferation resistance;           tions of teams desiring to demonstrate a pro-
                                               ‘‘(B) a fusion reactor.                                 ‘‘(vii) increased thermal efficiency;                posed advanced nuclear reactor technology;
                                               ‘‘(2) INSTITUTION OF HIGHER EDUCATION.—                 ‘‘(viii) reduced consumption of cooling              and
                                             The term ‘institution of higher education’              water;                                                   ‘‘(III) the capacity to meet cost-share re-
                                             has the meaning given the term in section                 ‘‘(ix) the ability to integrate into electric        quirements of the Department;
                                             101(a) of the Higher Education Act of 1965 (20          applications and nonelectric applications;               ‘‘(C) ensure that each evaluation of can-
                                             U.S.C. 1001(a)).                                          ‘‘(x) modular sizes to allow for deployment          didate technologies for the demonstration
                                               ‘‘(3) PROGRAM.—The term ‘Program’ means               that corresponds with the demand for elec-             projects is completed through an external re-
                                             the University Nuclear Leadership Program               tricity; or                                            view of proposed designs, which review
                                             established under subsection (b).                         ‘‘(xi) operational flexibility to respond to         shall—
                                               ‘‘(b) ESTABLISHMENT.—The Secretary of                 changes in demand for electricity and to                 ‘‘(i) be conducted by a panel that includes
                                             Energy, the Administrator of the National               complement integration with intermittent               not fewer than 1 representative of each of—
                                             Nuclear Security Administration, and the                renewable energy; and                                    ‘‘(I) an electric utility; and
                                             Chairman of the Nuclear Regulatory Com-                   ‘‘(B) a fusion reactor.                                ‘‘(II) an entity that uses high-temperature
                                             mission shall jointly establish a program, to             ‘‘(2) DEMONSTRATION PROJECT.—The term                process heat for manufacturing or industrial
                                             be known as the ‘University Nuclear Leader-             ‘demonstration project’ means an advanced              processing, such as a petrochemical com-
                                             ship Program’.                                          nuclear reactor operated in any manner, in-            pany, a manufacturer of metals, or a manu-
                                               ‘‘(c) USE OF FUNDS.—                                  cluding as part of the power generation fa-            facturer of concrete;
                                               ‘‘(1) IN GENERAL.—Except as provided in               cilities of an electric utility system, for the          ‘‘(ii) include a review of cost-competitive-
                                             paragraph (2), amounts made available to                purpose of demonstrating the suitability for           ness and other value streams, together with
                                             carry out the Program shall be used to pro-             commercial application of the advanced nu-             the technology readiness level, of each de-
                                             vide financial assistance for scholarships,             clear reactor.                                         sign to be demonstrated under this sub-
                                             fellowships, and research and development                 ‘‘(b) PURPOSE.—The purpose of this section           section; and
                                             projects at institutions of higher education            is to direct the Secretary, as soon as prac-             ‘‘(iii) not be required for a demonstration
                                             in areas relevant to the programmatic mis-              ticable after the date of enactment of this            project that receives no financial assistance
                                             sion of the applicable Federal agency pro-              section, to advance the research and develop-          from the Department for construction costs;
                                             viding the financial assistance with respect            ment of domestic advanced, affordable, and               ‘‘(D) for federally funded demonstration
                                             to research, development, demonstration,                clean nuclear energy by—                               projects, enter into cost-sharing agreements
                                             and deployment activities for technologies                ‘‘(1) demonstrating different advanced nu-           with private sector partners in accordance
                                             relevant to advanced nuclear reactors, in-              clear reactor technologies that could be used          with section 988 for the conduct of activities
                                             cluding relevant fuel cycle technologies.               by the private sector to produce—                      relating to the research, development, and
                                               ‘‘(2) EXCEPTION.—Notwithstanding para-                  ‘‘(A) emission-free power at a levelized cost        demonstration of private-sector advanced
                                             graph (1), amounts made available to carry              of electricity of $60 per megawatt-hour or             nuclear reactor designs under the program;
                                             out the Program may be used to provide fi-              less;                                                    ‘‘(E) work with private sector partners to
                                             nancial assistance for a scholarship, fellow-             ‘‘(B) heat for community heating, indus-             identify potential sites, including Depart-
                                             ship, or multiyear research and development             trial purposes, or synthetic fuel production;          ment-owned sites, for demonstrations, as ap-
                                             project that does not align directly with a               ‘‘(C) remote or off-grid energy supply; or           propriate;
                                             programmatic mission of the applicable Fed-               ‘‘(D) backup or mission-critical power sup-            ‘‘(F) align specific activities carried out
                                             eral agency providing the financial assist-             plies;                                                 under demonstration projects carried out
                                             ance, if the activity for which assistance is             ‘‘(2) developing subgoals for nuclear energy         under this subsection with priorities identi-
                                             provided would facilitate the maintenance of            research programs that would accomplish                fied through direct consultations between—
                                             the discipline of nuclear science or nuclear            the goals of the demonstration projects car-             ‘‘(i) the Department;
                                             engineering.                                            ried out under subsection (c);                           ‘‘(ii) National Laboratories;
                                               ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—                 ‘‘(3) identifying research areas that the pri-         ‘‘(iii) institutions of higher education;
                                             There are authorized to be appropriated to              vate sector is unable or unwilling to under-             ‘‘(iv) traditional end-users (such as electric
                                             carry out the Program for fiscal year 2021              take due to the cost of, or risks associated           utilities);
                                             and each fiscal year thereafter—                        with, the research; and                                  ‘‘(v) potential end-users of new tech-
                                               ‘‘(1) $30,000,000 to the Secretary of Energy,           ‘‘(4) facilitating the access of the private         nologies (such as users of high-temperature
                                             of which $15,000,000 shall be for use by the            sector—                                                process heat for manufacturing processing,
                                             Administrator of the National Nuclear Secu-               ‘‘(A) to Federal research facilities and per-        including petrochemical companies, manu-
                                             rity Administration; and                                sonnel; and                                            facturers of metals, or manufacturers of con-
                                               ‘‘(2) $15,000,000 to the Nuclear Regulatory             ‘‘(B) to the results of research relating to         crete); and
                                             Commission.’’.                                          civil nuclear technology funded by the Fed-              ‘‘(vi) developers of advanced nuclear reac-




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                                             SEC. 1506. VERSATILE, REACTOR-BASED FAST                eral Government.                                       tor technology; and
                                                        NEUTRON SOURCE.                                ‘‘(c) DEMONSTRATION PROJECTS.—                         ‘‘(G) seek to ensure that the demonstration
                                               Section 955(c)(1) of the Energy Policy Act              ‘‘(1) IN GENERAL.—The Secretary shall, to            projects carried out under paragraph (1) do
                                             of 2005 (42 U.S.C. 16275(c)(1)) is amended—             the maximum extent practicable—                        not cause any delay in a deployment of an
                                               (1) in the paragraph heading, by striking               ‘‘(A) enter into agreements to complete              advanced reactor by private industry and the
                                             ‘‘MISSION NEED’’ and inserting ‘‘AUTHORIZA-             not fewer than 2 demonstration projects by             Department that is underway as of the date
                                             TION’’; and                                             not later than December 31, 2025; and                  of enactment of this section.




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                                             S1554                                             CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                               ‘‘(3) ADDITIONAL REQUIREMENTS.—In car-                rials are investigated to reduce the cost of           means a transportation package that is suit-
                                             rying out demonstration projects under                  advanced nuclear reactors.’’.                          able for transporting high-assay, low-en-
                                             paragraph (1), the Secretary shall—                       (b) TABLE OF CONTENTS.—The table of con-             riched uranium.
                                               ‘‘(A) identify candidate technologies that—           tents of the Energy Policy Act of 2005 (Pub-             ‘‘(2) HIGH-ASSAY, LOW-ENRICHED URANIUM.—
                                               ‘‘(i) are not developed sufficiently for dem-         lic Law 109–58; 119 Stat. 594; 132 Stat. 3160) is      The term ‘high-assay, low-enriched uranium’
                                             onstration within the initial required time-            amended—                                               means uranium with an assay greater than 5
                                             frame described in paragraph (1)(A); but                  (1) in the item relating to section 917, by          weight percent, but less than 20 weight per-
                                               ‘‘(ii) could be demonstrated within the               striking ‘‘Efficiency’’;                               cent, of the uranium-235 isotope.
                                             timeframe described in paragraph (1)(B);                  (2) in the items relating to each of sections          ‘‘(3) HIGH-ENRICHED URANIUM.—The term
                                               ‘‘(B) identify technical challenges to the            957, 958, and 959 by inserting ‘‘Sec.’’ before         ‘high-enriched uranium’ means uranium
                                             candidate technologies identified in subpara-           the item number; and                                   with an assay of 20 weight percent or more of
                                             graph (A);                                                (3) by inserting after the item relating to          the uranium-235 isotope.
                                               ‘‘(C) support near-term research and devel-           section 959 the following:                               ‘‘(b) HIGH-ASSAY, LOW-ENRICHED URANIUM
                                             opment to address the highest-risk technical            ‘‘Sec. 959A. Advanced nuclear reactor re-              PROGRAM FOR ADVANCED REACTORS.—
                                             challenges to the successful demonstration                             search     and      development           ‘‘(1) ESTABLISHMENT.—Not later than 1 year
                                             of a selected advanced reactor technology, in                          goals.’’.                               after the date of enactment of this section,
                                             accordance with—                                                                                               the Secretary shall establish a program to
                                                                                                     SEC. 1508. NUCLEAR ENERGY STRATEGIC PLAN.
                                               ‘‘(i) subparagraph (B); and                                                                                  make available high-assay, low-enriched ura-
                                                                                                       (a) IN GENERAL.—Subtitle E of title IX of
                                               ‘‘(ii) the research and development activi-                                                                  nium, through contracts for sale, resale,
                                                                                                     the Energy Policy Act of 2005 (42 U.S.C. 16271
                                             ties under sections 952 and 958;                                                                               transfer, or lease, for use in commercial or
                                                                                                     et seq.) (as amended by section 1507(a)) is
                                               ‘‘(D) establish such technology advisory                                                                     noncommercial advanced nuclear reactors.
                                                                                                     amended by adding at the end the following:
                                             working groups as the Secretary determines                                                                       ‘‘(2) NUCLEAR FUEL OWNERSHIP.—Each lease
                                                                                                     ‘‘SEC. 959B. NUCLEAR ENERGY STRATEGIC PLAN.
                                             to be appropriate to advise the Secretary re-                                                                  under this subsection shall include a provi-
                                             garding the technical challenges identified                ‘‘(a) IN GENERAL.—Not later than 180 days           sion establishing that the high-assay, low-
                                             under subparagraph (B) and the scope of re-             after the date of enactment of this section,           enriched uranium that is the subject of the
                                             search and development programs to address              the Secretary shall submit to the Committee            lease shall remain the property of the De-
                                             the challenges, in accordance with subpara-             on Energy and Natural Resources of the Sen-            partment, including with respect to responsi-
                                             graph (C), to be comprised of—                          ate and the Committees on Energy and Com-              bility for the storage, use, or final disposi-
                                               ‘‘(i) private-sector advanced nuclear reac-           merce and Science, Space, and Technology of            tion of all radioactive waste created by the
                                             tor technology developers;                              the House of Representatives a 10-year stra-           irradiation, processing, or purification of
                                               ‘‘(ii) technical experts with respect to the          tegic plan for the Office of Nuclear Energy of         any leased high-assay, low-enriched ura-
                                             relevant technologies at institutions of high-          the Department, in accordance with this sec-           nium.
                                             er education; and                                       tion.                                                    ‘‘(3) QUANTITY.—In carrying out the pro-
                                               ‘‘(iii) technical experts at the National               ‘‘(b) REQUIREMENTS.—                                 gram under this subsection, the Secretary
                                             Laboratories.                                             ‘‘(1) COMPONENTS.—The strategic plan                 shall make available—
                                               ‘‘(d) GOALS.—                                         under this section shall designate—                      ‘‘(A) by December 31, 2022, high-assay, low-
                                               ‘‘(1) IN GENERAL.—The Secretary shall es-               ‘‘(A) programs that support the planned ac-          enriched uranium containing not less than 2
                                             tablish goals for research relating to ad-              complishment of—                                       metric tons of the uranium-235 isotope; and
                                             vanced nuclear reactors facilitated by the                ‘‘(i) the goals established under section              ‘‘(B) by December 31, 2025, high-assay, low-
                                             Department that support the objectives of               959A; and                                              enriched uranium containing not less than 10
                                             the program for demonstration projects es-                ‘‘(ii) the demonstration programs identi-            metric tons of the uranium-235 isotope (as
                                             tablished under subsection (c).                         fied under subsection (c) of that section; and         determined including the quantities of the
                                               ‘‘(2) COORDINATION.—In developing the                   ‘‘(B) programs that—                                 uranium-235 isotope made available before
                                             goals under paragraph (1), the Secretary                  ‘‘(i) do not support the planned accom-              December 31, 2022).
                                             shall coordinate, on an ongoing basis, with             plishment of demonstration programs, or the              ‘‘(4) FACTORS FOR CONSIDERATION.—In car-
                                             members of private industry to advance the              goals, referred to in subparagraph (A); but            rying out the program under this subsection,
                                             demonstration of various designs of ad-                   ‘‘(ii) are important to the mission of the           the Secretary shall take into consideration—
                                             vanced nuclear reactors.                                Office of Nuclear Energy, as determined by               ‘‘(A) options for providing the high-assay,
                                               ‘‘(3) REQUIREMENTS.—In developing the                 the Secretary.                                         low-enriched uranium under this subsection
                                             goals under paragraph (1), the Secretary                  ‘‘(2) PROGRAM PLANNING.—In developing the            from a stockpile of uranium owned by the
                                             shall ensure that—                                      strategic plan under this section, the Sec-            Department (including the National Nuclear
                                               ‘‘(A) research activities facilitated by the          retary shall specify expected timelines for,           Security Administration), including—
                                             Department to meet the goals developed                  as applicable—                                           ‘‘(i) fuel that—
                                             under this subsection are focused on key                  ‘‘(A) the accomplishment of relevant objec-            ‘‘(I) directly meets the needs of an end-
                                             areas of nuclear research and deployment                tives under current programs of the Depart-            user; but
                                             ranging from basic science to full-design de-           ment; or                                                 ‘‘(II) has been previously used or fabricated
                                             velopment, safety evaluation, and licensing;              ‘‘(B) the commencement of new programs               for another purpose;
                                               ‘‘(B) research programs designed to meet              to accomplish those objectives.                          ‘‘(ii) fuel that can meet the needs of an
                                             the goals emphasize—                                      ‘‘(c) UPDATES.—Not less frequently than              end-user after removing radioactive or other
                                               ‘‘(i) resolving materials challenges relating         once every 2 years, the Secretary shall sub-           contaminants that resulted from a previous
                                             to extreme environments, including ex-                  mit to the Committee on Energy and Nat-                use or fabrication of the fuel for research, de-
                                             tremely high levels of—                                 ural Resources of the Senate and the Com-              velopment, demonstration, or deployment
                                               ‘‘(I) radiation fluence;                              mittees on Energy and Commerce and                     activities of the Department (including ac-
                                               ‘‘(II) temperature;                                   Science, Space, and Technology of the House            tivities of the National Nuclear Security Ad-
                                               ‘‘(III) pressure; and                                 of Representatives an updated 10-year stra-            ministration); and
                                               ‘‘(IV) corrosion; and                                 tegic plan in accordance with subsection (b),            ‘‘(iii) fuel from a high-enriched uranium
                                               ‘‘(ii) qualification of advanced fuels;               which shall identify, and provide a justifica-         stockpile, which can be blended with lower-
                                               ‘‘(C) activities are carried out that address         tion for, any major deviation from a previous          assay uranium to become high-assay, low-en-
                                             near-term challenges in modeling and sim-               strategic plan submitted under this sec-               riched uranium to meet the needs of an end-
                                             ulation to enable accelerated design and li-            tion.’’.                                               user; and
                                             censing;                                                  (b) TABLE OF CONTENTS.—The table of con-               ‘‘(B) requirements to support molybdenum-
                                               ‘‘(D) related technologies, such as tech-             tents of the Energy Policy Act of 2005 (Pub-           99 production under the American Medical
                                             nologies to manage, reduce, or reuse nuclear            lic Law 109–58; 119 Stat. 594; 132 Stat. 3160) (as     Isotopes Production Act of 2012 (Public Law
                                             waste, are developed;                                   amended by section 1507(b)(3)) is amended by           112–239; 126 Stat. 2211).
                                               ‘‘(E) nuclear research infrastructure is              inserting after the item relating to section             ‘‘(5) LIMITATION.—The Secretary shall not
                                             maintained or constructed, such as—                     959A the following:                                    barter or otherwise sell or transfer uranium
                                               ‘‘(i) currently operational research reac-            ‘‘Sec. 959B. Nuclear energy strategic plan.’’.         in any form in exchange for services relating
                                             tors at the National Laboratories and insti-            SEC. 1509. ADVANCED NUCLEAR FUEL SECURITY              to the final disposition of radioactive waste
                                             tutions of higher education;                                        PROGRAM.                                   from uranium that is the subject of a lease
                                               ‘‘(ii) hot cell research facilities;                    (a) IN GENERAL.—Subtitle E of title IX of            under this subsection.
                                               ‘‘(iii) a versatile fast neutron source; and          the Energy Policy Act of 2005 (42 U.S.C. 16271           ‘‘(6) SUNSET.—The program under this sub-




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                                               ‘‘(iv) a molten salt testing facility;                et seq.) (as amended by section 1508(a)) is            section shall terminate on the earlier of—
                                               ‘‘(F) basic knowledge of non-light water              amended by adding at the end the following:              ‘‘(A) January 1, 2035; and
                                             coolant physics and chemistry is improved;              ‘‘SEC. 960. ADVANCED NUCLEAR FUEL SECURITY               ‘‘(B) the date on which uranium enriched
                                               ‘‘(G) advanced sensors and control systems                         PROGRAM.                                  up to, but not equal to, 20 weight percent can
                                             are developed; and                                         ‘‘(a) DEFINITIONS.—In this section:                 be obtained in the commercial market from
                                               ‘‘(H) advanced manufacturing and ad-                     ‘‘(1) HALEU TRANSPORTATION PACKAGE.—                domestic suppliers.
                                             vanced construction techniques and mate-                The term ‘HALEU transportation package’                  ‘‘(c) REPORT.—




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1555
                                               ‘‘(1) IN GENERAL.—Not later than 180 days               ‘‘(D) nuclear reactors.’’.                             (ii) to develop energy systems involving
                                             after the date of enactment of this section,              (b) CLERICAL AMENDMENT.—The table of                 the integration of nuclear energy with re-
                                             the Secretary shall submit to the appro-                contents of the Energy Policy Act of 2005              newable energy, fossil energy, and energy
                                             priate committees of Congress a report that             (Public Law 109–58; 119 Stat. 594; 132 Stat.           storage; and
                                             describes actions proposed to be carried out            3160) (as amended by section 1508(b)) is                 (iii) to expand the use of emissions-reduc-
                                             by the Secretary—                                       amended by inserting after the item relating           ing energy technologies into nonelectric sec-
                                               ‘‘(A) under the program under subsection              to section 959B the following:                         tors to achieve significant reductions in en-
                                             (b); or                                                 ‘‘Sec. 960. Advanced nuclear fuel security             vironmental emissions.
                                               ‘‘(B) otherwise to enable the commercial                            program.’’.                                (B) PROGRAM ADMINISTRATION; PARTNERS.—
                                             use of high-assay, low-enriched uranium.                SEC. 1510. INTERNATIONAL NUCLEAR ENERGY                The program shall be carried out by the
                                               ‘‘(2)    COORDINATION     AND     STAKEHOLDER                     COOPERATION.                               Under Secretary of Energy, in partnership
                                             INPUT.—In developing the report under this                (a) IN GENERAL.—Subtitle H of Title IX of            with—
                                             subsection, the Secretary shall seek input              the Energy Policy Act of 2005 (42 U.S.C. 16341           (i) relevant offices within the Department;
                                             from—                                                   et seq.) is amended by adding at the end the             (ii) National Laboratories;
                                               ‘‘(A) the Nuclear Regulatory Commission;              following:                                               (iii) institutions of higher education; and
                                               ‘‘(B) the National Laboratories;                      ‘‘SEC. 986B. INTERNATIONAL NUCLEAR ENERGY                (iv) the private sector.
                                               ‘‘(C) institutions of higher education;                            COOPERATION.                                (C) GOALS AND MILESTONES.—The Secretary
                                               ‘‘(D) producers of medical isotopes;                     ‘‘(a) IN GENERAL.—The Secretary shall               shall establish quantitative goals and mile-
                                               ‘‘(E) a diverse group of entities operating           carry out a program to develop bilateral col-          stones for the program.
                                             in the nuclear energy industry; and                     laboration initiatives with a variety of coun-           (2) RESEARCH AREAS.—Research areas under
                                               ‘‘(F) a diverse group of technology devel-            tries through—                                         the program may include—
                                             opers.                                                    ‘‘(1) research and development agreements;             (A) technology innovation to further the
                                               ‘‘(3) COST AND SCHEDULE ESTIMATES.—The                                                                       expansion of emissions-reducing energy tech-
                                                                                                       ‘‘(2) other relevant arrangements and ac-
                                             report under this subsection shall include es-                                                                 nologies to accommodate a modern, resilient
                                                                                                     tion plan updates; and
                                             timated costs, budgets, and timeframes for                                                                     grid system by—
                                                                                                       ‘‘(3) maintaining existing multilateral co-
                                             enabling the use of high-assay, low-enriched                                                                     (i) effectively leveraging multiple energy
                                                                                                     operation commitments of—
                                             uranium.                                                                                                       sources;
                                                                                                       ‘‘(A) the International Framework for Nu-
                                               ‘‘(4) REQUIRED EVALUATIONS.—The report                                                                         (ii) enhancing and streamlining engineer-
                                                                                                     clear Energy Cooperation;
                                             under this subsection shall evaluate—                                                                          ing design;
                                                                                                       ‘‘(B) the Generation IV International
                                               ‘‘(A) the costs and actions required to es-                                                                    (iii) carrying out process demonstrations
                                                                                                     Forum;
                                             tablish and carry out the program under sub-                                                                   to optimize performance; and
                                             section (b), including with respect to—                   ‘‘(C) the International Atomic Energy
                                                                                                     Agency; and                                              (iv) streamlining regulatory review;
                                               ‘‘(i) proposed preliminary terms for the                                                                       (B) advanced power cycles, energy extrac-
                                             sale, resale, transfer, and leasing of high-              ‘‘(D) any other international collaborative
                                                                                                     effort with respect to advanced nuclear reac-          tion, and processing of complex hydro-
                                             assay, low-enriched uranium (including                                                                         carbons to produce high-value chemicals;
                                             guidelines defining the roles and responsibil-          tor operations and safety.
                                                                                                       ‘‘(b) SUBPROGRAM.—                                     (C) efficient use of emissions-reducing en-
                                             ities between the Department and the pur-
                                                                                                       ‘‘(1) IN GENERAL.—In carrying out the pro-           ergy technologies for hydrogen production to
                                             chaser, transfer recipient, or lessee); and
                                                                                                     gram under subsection (a), the Secretary               support transportation and industrial needs;
                                               ‘‘(ii) the potential to coordinate with pur-
                                                                                                     shall establish a subprogram that shall—                 (D) enhancement and acceleration of do-
                                             chasers, transfer recipients, and lessees re-
                                                                                                       ‘‘(A) support diplomatic, nonproliferation,          mestic manufacturing and desalinization
                                             garding—
                                                                                                     climate, and international economic objec-             technologies and processes by optimally
                                               ‘‘(I) fuel fabrication; and
                                                                                                     tives for the safe, secure, and peaceful use of        using clean energy sources;
                                               ‘‘(II) fuel transport;
                                                                                                     nuclear technology in countries developing               (E) more effective thermal energy use,
                                               ‘‘(B) the potential sources and fuel forms
                                                                                                     nuclear energy programs, with a focus on               transport, and storage;
                                             available to provide uranium for the pro-
                                             gram under subsection (b);                              countries that have increased civil nuclear              (F) the demonstration of nuclear energy
                                               ‘‘(C) options to coordinate the program               cooperation with Russia and China; and                 for—
                                             under subsection (b) with the operation of                ‘‘(B) be modeled after the International               (i) the production of chemicals, metals,
                                             the versatile, reactor-based fast neutron               Military Education and Training program of             and fuels;
                                             source under section 959A;                              the Department of State.                                 (ii) the capture, use, and storage of carbon;
                                               ‘‘(D) the ability of the domestic uranium               ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—                (iii) renewable integration with an inte-
                                             market to provide materials for advanced                There is authorized to be appropriated to the          grated energy system;
                                             nuclear reactor fuel; and                               Secretary to carry out the subprogram under              (iv) conversion of carbon feedstock, such as
                                               ‘‘(E) any associated legal, regulatory, and           this subsection $5,500,000 for each of fiscal          coal, biomass, natural gas, and refuse waste,
                                             policy issues that should be addressed to en-           years 2021 through 2025.                               to higher value nonelectric commodities;
                                             able—                                                     ‘‘(c) REQUIREMENTS.—The program under                and
                                               ‘‘(i) the program under subsection (b); and           subsection (a) shall be carried out—                     (v) the generation of heat used, directly or
                                               ‘‘(ii) the establishment of a domestic in-              ‘‘(1) to facilitate, to the maximum extent           through an energy storage system, in a vari-
                                             dustry capable of providing high-assay, low-            practicable, workshops and expert-based ex-            ety of processes that may include elec-
                                             enriched uranium for commercial and non-                changes to engage industry, stakeholders,              tricity, hydrogen, or other industrial appli-
                                             commercial purposes, including with respect             and foreign governments regarding inter-               cations;
                                             to the needs of—                                        national civil nuclear issues, such as train-            (G) the development of new analysis capa-
                                               ‘‘(I) the Department;                                 ing, financing, safety, and options for multi-         bilities to identify the best ways—
                                               ‘‘(II) the Department of Defense; and                 national cooperation on used nuclear fuel                (i) to leverage multiple energy sources in a
                                               ‘‘(III) the National Nuclear Security Ad-             disposal; and                                          given region; and
                                             ministration.                                             ‘‘(2) in coordination with—                            (ii) to quantify the benefits of integrated
                                               ‘‘(d) HALEU TRANSPORTATION PACKAGE RE-                  ‘‘(A) the National Security Council;                 energy systems; and
                                             SEARCH PROGRAM.—                                          ‘‘(B) the Secretary of State;                          (H) any other area that, as determined by
                                               ‘‘(1) IN GENERAL.—As soon as practicable                ‘‘(C) the Secretary of Commerce; and                 the Secretary, meets the purpose and goals
                                             after the date of enactment of this section,              ‘‘(D) the Nuclear Regulatory Commis-                 of the program.
                                             the Secretary shall establish a research, de-           sion.’’.                                                 (3) GRANTS.—The Secretary may award
                                             velopment, and demonstration program                      (b) CONFORMING AMENDMENT.—The table of               grants under the program to support the
                                             under which the Secretary shall provide fi-             contents of the Energy Policy Act of 2005              goals of the program.
                                             nancial assistance, on a competitive basis, to          (Public Law 109–58; 119 Stat. 600) is amended            (b) REPORT ON DUPLICATIVE PROGRAMS.—
                                             establish the capability to transport high-             by inserting after the item relating to sec-           Not later than 1 year after the date of enact-
                                             assay, low-enriched uranium.                            tion 986A the following:                               ment of this Act, and annually thereafter,
                                               ‘‘(2) REQUIREMENT.—The focus of the pro-              ‘‘Sec. 986B. International nuclear energy co-          the Secretary shall submit to Congress a re-
                                             gram under this subsection shall be to estab-                          operation.’’.                           port identifying any program that is duplica-
                                             lish 1 or more HALEU transportation pack-               SEC. 1511. INTEGRATED ENERGY SYSTEMS PRO-              tive of the program established under sub-
                                             ages that can be certified by the Nuclear                           GRAM.                                      section (a)(1)(A).
                                             Regulatory Commission to transport high-                  (a) PROGRAM.—                                               Subtitle F—Industrial Technologies




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                                             assay, low-enriched uranium to the various                (1) ESTABLISHMENT.—
                                                                                                                                                                        PART I—INNOVATION
                                             facilities involved in producing or using nu-             (A) IN GENERAL.—The Secretary shall es-
                                             clear fuel containing high-assay, low-en-               tablish a program, to be known as the ‘‘Inte-          SEC. 1601. PURPOSE.
                                             riched uranium, such as—                                grated Energy Systems Program’’ (referred                The purpose of this part and the amend-
                                               ‘‘(A) enrichment facilities;                          to in this subsection as the ‘‘program’’)—             ments made by this part is to encourage the
                                               ‘‘(B) fuel processing facilities;                       (i) to maximize energy production and effi-          development and evaluation of innovative
                                               ‘‘(C) fuel fabrication facilities; and                ciency;                                                technologies aimed at increasing—




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                                             S1556                                             CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                               (1) the technological and economic com-                 ‘‘(A) coordinate with each relevant office             ‘‘(7) high-performance computing to de-
                                             petitiveness of industry and manufacturing              in the Department and any other Federal                velop advanced materials and manufacturing
                                             in the United States; and                               agency;                                                processes contributing to the focus areas de-
                                               (2) the emissions reduction of nonpower in-             ‘‘(B) coordinate and collaborate with the            scribed in paragraphs (1) through (6), includ-
                                             dustrial sectors.                                       Industrial Technology Innovation Advisory              ing—
                                             SEC. 1602. COORDINATION OF RESEARCH AND                 Committee established under section 456; and             ‘‘(A) modeling, simulation, and optimiza-
                                                         DEVELOPMENT OF ENERGY EFFI-                   ‘‘(C) coordinate and seek to avoid duplica-          tion of the design of energy efficient and sus-
                                                         CIENT TECHNOLOGIES FOR INDUS-               tion with the energy-intensive industries              tainable products; and
                                                         TRY.                                        program established under section 452.                   ‘‘(B) the use of digital prototyping and ad-
                                               Section 6(a) of the American Energy Manu-               ‘‘(3) LEVERAGE OF EXISTING RESOURCES.—In             ditive manufacturing to enhance product de-
                                             facturing Technical Corrections Act (42                 carrying out the program, the Secretary                sign.
                                             U.S.C. 6351(a)) is amended—                             shall leverage, to the maximum extent prac-              ‘‘(d) GRANTS, CONTRACTS, COOPERATIVE
                                               (1) by striking ‘‘Industrial Technologies             ticable—                                               AGREEMENTS,          AND       DEMONSTRATION
                                             Program’’ each place it appears and insert-               ‘‘(A) existing resources and programs of             PROJECTS.—
                                             ing ‘‘Advanced Manufacturing Office’’; and              the Department and other relevant Federal                ‘‘(1) GRANTS.—In carrying out the program,
                                               (2) in the matter preceding paragraph (1),            agencies; and                                          the Secretary shall award grants on a com-
                                             by striking ‘‘Office of Energy’’ and all that             ‘‘(B) public-private partnerships.                   petitive basis to eligible entities for projects
                                             follows through ‘‘Office of Science’’ and in-                                                                  that the Secretary determines would best
                                             serting ‘‘Department of Energy’’.                         ‘‘(c) FOCUS AREAS.—The program shall
                                                                                                     focus on—                                              achieve the goals of the program.
                                             SEC. 1603. INDUSTRIAL EMISSIONS REDUCTION                                                                        ‘‘(2) CONTRACTS AND COOPERATIVE AGREE-
                                                         TECHNOLOGY DEVELOPMENT PRO-                   ‘‘(1) industrial production processes, in-
                                                                                                     cluding technologies and processes that—               MENTS.—In carrying out the program, the
                                                         GRAM.
                                                                                                       ‘‘(A) achieve emissions reduction in high-           Secretary may enter into contracts and co-
                                               (a) IN GENERAL.—The Energy Independence
                                                                                                     emissions industrial materials production              operative agreements with eligible entities
                                             and Security Act of 2007 is amended by in-
                                                                                                     processes, including production processes for          and Federal agencies for projects that the
                                             serting after section 454 (as added by section
                                                                                                     iron, steel, steel mill products, aluminum,            Secretary determines would further the pur-
                                             1022(b)) the following:
                                                                                                     cement, glass, pulp, paper, and industrial ce-         poses of the program.
                                             ‘‘SEC. 455. INDUSTRIAL EMISSIONS REDUCTION
                                                                                                     ramics;                                                  ‘‘(3) DEMONSTRATION PROJECTS.—In sup-
                                                          TECHNOLOGY DEVELOPMENT PRO-
                                                          GRAM.                                        ‘‘(B) achieve emissions reduction in                 porting technologies developed under this
                                                ‘‘(a) DEFINITIONS.—In this section:                  medium- and high-temperature heat genera-              section, the Secretary shall fund demonstra-
                                                ‘‘(1) DIRECTOR.—The term ‘Director’ means            tion, including—                                       tion projects that test and validate tech-
                                             the Director of the Office of Science and                 ‘‘(i) through electrification of heating             nologies described in subsection (c).
                                             Technology Policy.                                      processes;                                               ‘‘(4) APPLICATION.—An entity seeking fund-
                                               ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible               ‘‘(ii) through renewable heat generation             ing or a contract or agreement under this
                                             entity’ means—                                          technology;                                            subsection shall submit to the Secretary an
                                               ‘‘(A) a scientist or other individual with              ‘‘(iii) through combined heat and power;             application at such time, in such manner,
                                             knowledge and expertise in emissions reduc-             and                                                    and containing such information as the Sec-
                                             tion;                                                     ‘‘(iv) by switching to alternative fuels, in-        retary may require.
                                               ‘‘(B) an institution of higher education;             cluding hydrogen and nuclear energy;                     ‘‘(5) COST SHARING.—In awarding funds
                                               ‘‘(C) a nongovernmental organization;                   ‘‘(C) achieve emissions reduction in chem-           under this section, the Secretary shall re-
                                               ‘‘(D) a National Laboratory;                          ical production processes, including by in-            quire cost sharing in accordance with section
                                               ‘‘(E) a private entity; and                           corporating, if appropriate and practicable,           988 of the Energy Policy Act of 2005 (42 U.S.C.
                                               ‘‘(F) a partnership or consortium of 2 or             principles, practices, and methodologies of            16352).’’.
                                             more entities described in subparagraphs (B)            sustainable, green chemistry and engineer-               (b) TECHNICAL AMENDMENT.—The table of
                                             through (E).                                            ing;                                                   contents of the Energy Independence and Se-
                                               ‘‘(3) EMISSIONS REDUCTION.—                             ‘‘(D) leverage smart manufacturing tech-             curity Act of 2007 (Public Law 110–140; 121
                                               ‘‘(A) IN GENERAL.—The term ‘emissions re-             nologies and principles, digital manufac-              Stat. 1494) (as amended by section 1022(c)) is
                                             duction’ means the reduction, to the max-               turing technologies, and advanced data ana-            amended by inserting after the item relating
                                             imum extent practicable, of net nonwater                lytics to develop advanced technologies and            to section 454 the following:
                                             greenhouse gas emissions to the atmosphere              practices in information, automation, moni-            ‘‘Sec. 455. Industrial emissions reduction
                                             by energy services and industrial processes.            toring, computation, sensing, modeling, and                          technology development pro-
                                               ‘‘(B) EXCLUSION.—The term ‘emissions re-              networking to—                                                       gram.’’.
                                             duction’ does not include the elimination of              ‘‘(i) model and simulate manufacturing               SEC. 1604. INDUSTRIAL TECHNOLOGY INNOVA-
                                             carbon embodied in the principal products of            production lines;                                                  TION ADVISORY COMMITTEE.
                                             industrial manufacturing.                                 ‘‘(ii) monitor and communicate production              (a) IN GENERAL.—The Energy Independence
                                               ‘‘(4) INSTITUTION OF HIGHER EDUCATION.—               line status;                                           and Security Act of 2007 is amended by in-
                                             The term ‘institution of higher education’                ‘‘(iii) manage and optimize energy produc-           serting after section 455 (as added by section
                                             has the meaning given the term in section               tivity and cost throughout production; and             1603(a)) the following:
                                             101 of the Higher Education Act of 1965 (20               ‘‘(iv) model, simulate, and optimize the en-         ‘‘SEC. 456. INDUSTRIAL TECHNOLOGY INNOVA-
                                             U.S.C. 1001).                                           ergy efficiency of manufacturing processes;                         TION ADVISORY COMMITTEE.
                                               ‘‘(5) PROGRAM.—The term ‘program’ means                 ‘‘(E) leverage the principles of sustainable            ‘‘(a) DEFINITIONS.—In this section:
                                             the program established under subsection                manufacturing and sustainable chemistry to                ‘‘(1) COMMITTEE.—The term ‘Committee’
                                             (b)(1).                                                 minimize the negative environmental im-                means the Industrial Technology Innovation
                                               ‘‘(b) INDUSTRIAL EMISSIONS REDUCTION                  pacts of manufacturing while conserving en-            Advisory Committee established under sub-
                                             TECHNOLOGY DEVELOPMENT PROGRAM.—                        ergy and resources, including—                         section (b).
                                               ‘‘(1) IN GENERAL.—Not later than 1 year                 ‘‘(i) by designing products that enable                ‘‘(2) DIRECTOR.—The term ‘Director’ means
                                             after the date of enactment of the American             reuse, refurbishment, remanufacturing, and             the Director of the Office of Science and
                                             Energy Innovation Act of 2020, the Sec-                 recycling;                                             Technology Policy.
                                             retary, in consultation with the Director,                ‘‘(ii) by minimizing waste from industrial             ‘‘(3) EMISSIONS REDUCTION.—The term
                                             the heads of relevant Federal agencies, Na-             processes, including through the reuse of              ‘emissions reduction’ has the meaning given
                                             tional Laboratories, industry, and institu-             waste as other resources in other industrial           the term in section 455(a).
                                             tions of higher education, shall establish a            processes for mutual benefit; and                        ‘‘(4) PROGRAM.—The term ‘program’ means
                                             crosscutting industrial emissions reduction               ‘‘(iii) by increasing resource efficiency; and       the industrial emissions reduction tech-
                                             technology development program of re-                     ‘‘(F) increase the energy efficiency of in-          nology development program established
                                             search, development, demonstration, and                 dustrial processes;                                    under section 455(b)(1).
                                             commercial application to further the devel-              ‘‘(2) alternative materials that produce               ‘‘(b) ESTABLISHMENT.—Not later than 180
                                             opment and commercialization of innovative              fewer emissions during production and result           days after the date of enactment of the
                                             technologies that—                                      in fewer emissions during use;                         American Energy Innovation Act of 2020, the
                                               ‘‘(A) increase the technological and eco-               ‘‘(3) development of net-zero emissions liq-         Secretary, in consultation with the Director,
                                             nomic competitiveness of industry and man-              uid and gaseous fuels;                                 shall establish an advisory committee, to be
                                             ufacturing in the United States;                          ‘‘(4) emissions reduction in shipping, avia-         known as the ‘Industrial Technology Innova-




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                                               ‘‘(B) increase the viability and competi-             tion, and long distance transportation;                tion Advisory Committee’.
                                             tiveness of United States industrial tech-                ‘‘(5) carbon capture technologies for indus-           ‘‘(c) MEMBERSHIP.—
                                             nology exports; and                                     trial processes;                                         ‘‘(1) APPOINTMENT.—The Committee shall
                                               ‘‘(C) achieve emissions reduction in                    ‘‘(6) other technologies that achieve net-           be comprised of not fewer than 14 members
                                             nonpower industrial sectors.                            zero emissions in nonpower industrial sec-             and not more than 18 members, who shall be
                                               ‘‘(2) COORDINATION.—In carrying out the               tors, as determined by the Secretary, in con-          appointed by the Secretary, in consultation
                                             program, the Secretary shall—                           sultation with the Director; and                       with the Director.




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1557
                                               ‘‘(2) REPRESENTATION.—Members appointed                 ‘‘(1) IN GENERAL.—Not later than 2 years               ‘‘(E) a tribal organization (as defined in
                                             pursuant to paragraph (1) shall include—                after the date of enactment of the American            section 3765 of title 38, United States Code);
                                               ‘‘(A) not less than 1 representative of each          Energy Innovation Act of 2020, and not less              ‘‘(F) an institution of higher education;
                                             relevant Federal agency, as determined by               frequently than once every 3 years there-              and
                                             the Secretary;                                          after, the Committee shall submit to the                 ‘‘(G) a private entity.
                                               ‘‘(B) the Chair of the Secretary of Energy            Secretary a report on the progress of achiev-            ‘‘(2) EMISSIONS REDUCTION.—The term
                                             Advisory Board, if that position is filled;             ing the purposes of the program.                       ‘emissions reduction’ has the meaning given
                                               ‘‘(C) not less than 2 representatives of                ‘‘(2) CONTENTS.—The report under para-               the term in section 455(a).
                                             labor groups;                                           graph (1) shall include—                                 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.—
                                               ‘‘(D) not less than 3 representatives of the            ‘‘(A) a description of any technology inno-          The term ‘institution of higher education’
                                             research community, which shall include                 vation opportunities identified by the Com-            has the meaning given the term in section
                                             academia and National Laboratories;                     mittee;                                                101 of the Higher Education Act of 1965 (20
                                               ‘‘(E) not less than 2 representatives of non-           ‘‘(B) a description of any technology gaps           U.S.C. 1001).
                                             governmental organizations;                             identified by the Committee under sub-                   ‘‘(4) PROGRAM.—The term ‘program’ means
                                               ‘‘(F) not less than 6 representatives of              section (d)(1)(B)(ii);                                 the program established under subsection
                                             small- and large-scale industry, the collec-              ‘‘(C) recommendations for improving tech-            (b).
                                             tive expertise of which shall cover every               nology screening criteria and management                 ‘‘(b) ESTABLISHMENT.—Not later than 180
                                             focus area described in section 455(c); and             of the program;                                        days after the date of enactment of the
                                               ‘‘(G) any other individuals the Secretary,              ‘‘(D) an evaluation of the progress of the           American Energy Innovation Act of 2020, the
                                             in coordination with the Director, deter-               program and the research and development               Secretary shall establish a program to pro-
                                             mines to be necessary to ensure that the                funded under the program;                              vide technical assistance to eligible entities
                                             Committee is comprised of a diverse group of              ‘‘(E) any recommended changes to the                 to carry out an activity described in sub-
                                             representatives of industry, academia, inde-            focus areas of the program described in sec-           section (c).
                                             pendent researchers, and public and private             tion 455(c);                                             ‘‘(c) ACTIVITIES DESCRIBED.—An activity
                                             entities.                                                 ‘‘(F) a description of the manner in which           referred to in subsection (b) is any of the fol-
                                               ‘‘(3) CHAIR.—The Secretary shall designate            the Committee has carried out the duties de-           lowing activities carried out for the purpose
                                             a member of the Committee to serve as                   scribed in subsection (d)(1) and any relevant          of     achieving     emissions    reduction   in
                                             Chair.                                                  findings as a result of carrying out those du-         nonpower industrial sectors:
                                               ‘‘(d) DUTIES.—                                        ties;                                                    ‘‘(1) Adopting emissions reduction tech-
                                               ‘‘(1) IN GENERAL.—The Committee shall—                  ‘‘(G) if necessary, an update to the stra-           nologies.
                                               ‘‘(A) in consultation with the Secretary              tegic plan developed by the Committee under              ‘‘(2) Establishing goals and priorities to ac-
                                             and the Director, propose missions and goals            subsection (d)(1)(C);                                  celerate the development and evaluation of
                                             for the program, which shall be consistent                ‘‘(H) the progress made in achieving the             relevant technologies.
                                             with the purposes of the program described              goals set out in that strategic plan;                    ‘‘(3) Developing collaborations across
                                             in section 455(b)(1); and                                 ‘‘(I) a review of the management, coordina-          States, local governments, and territories
                                               ‘‘(B) advise the Secretary with respect to            tion, and industry utility of the program;             and possessions of the United States.
                                             the program—                                              ‘‘(J) an assessment of the extent to which             ‘‘(4) Reviewing the appropriate emissions
                                               ‘‘(i) by identifying and evaluating any               progress has been made under the program in            reduction technologies available for a par-
                                             technologies being developed by the private             developing commercial, cost-competitive                ticular eligible entity.
                                             sector relating to the focus areas described            technologies in each focus area described in             ‘‘(5) Developing a roadmap for imple-
                                             in section 455(c);                                      section 455(c); and                                    menting emissions reduction technologies
                                               ‘‘(ii) by identifying technology gaps in the            ‘‘(K) an assessment of the effectiveness of          for a particular eligible entity.
                                             private sector in those focus areas, and mak-           the program in coordinating efforts within               ‘‘(6) Any other activity determined appro-
                                             ing recommendations to address those gaps;              the Department and with other Federal                  priate by the Secretary.
                                               ‘‘(iii) by surveying and analyzing factors            agencies to achieve the purposes of the pro-             ‘‘(d) APPLICATIONS.—
                                             that prevent the adoption of emissions re-              gram.                                                    ‘‘(1) IN GENERAL.—An eligible entity desir-
                                             duction technologies by the private sector;               ‘‘(g) REPORT TO CONGRESS.—Not later than             ing technical assistance under the program
                                             and                                                     60 days after receiving a report from the              shall submit to the Secretary an application
                                               ‘‘(iv) by recommending technology screen-             Committee under subsection (f), the Sec-               at such time, in such manner, and con-
                                             ing criteria for technology developed under             retary shall submit a copy of that report to           taining such information as the Secretary
                                             the program to encourage adoption of the                the Committees on Appropriations and                   may require.
                                             technology by the private sector; and                   Science, Space, and Technology of the House              ‘‘(2) APPLICATION PROCESS.—The Secretary
                                               ‘‘(C) develop the strategic plan described in         of Representatives, the Committees on Ap-              shall seek applications for technical assist-
                                             paragraph (2).                                          propriations and Energy and Natural Re-                ance under the program on a periodic basis,
                                               ‘‘(2) STRATEGIC PLAN.—                                sources of the Senate, and any other rel-              but not less frequently than once every 12
                                               ‘‘(A) PURPOSE.—The purpose of the stra-               evant Committee of Congress.                           months.
                                             tegic plan developed under paragraph (1)(C)               ‘‘(h) APPLICABILITY OF FEDERAL ADVISORY
                                                                                                                                                              ‘‘(3) FACTORS FOR CONSIDERATION.—In se-
                                             is to achieve the goals of the program in the           COMMITTEE ACT.—Except as otherwise pro-
                                                                                                                                                            lecting eligible entities for technical assist-
                                             focus areas described in section 455(c).                vided in this section, the Federal Advisory
                                                                                                                                                            ance under the program, the Secretary
                                                                                                     Committee Act (5 U.S.C. App.) shall apply to
                                               ‘‘(B) CONTENTS.—The strategic plan devel-                                                                    shall—
                                                                                                     the Committee.’’.
                                             oped under paragraph (1)(C) shall—                                                                               ‘‘(A) give priority to—
                                                                                                       (b) TECHNICAL AMENDMENT.—The table of
                                               ‘‘(i) specify near-term and long-term quali-          contents of the Energy Independence and Se-              ‘‘(i) activities carried out with technical
                                             tative and quantitative objectives relating             curity Act of 2007 (Public Law 110–140; 121            assistance under the program that have the
                                             to each focus area described in section 455(c),         Stat. 1494) (as amended by section 1603(b)) is         greatest potential for achieving emissions
                                             including research, development, demonstra-             amended by inserting after the item relating           reduction in nonpower industrial sectors;
                                             tion, and commercial application objectives;            to section 455 the following:                            ‘‘(ii) activities carried out in a State in
                                               ‘‘(ii) specify the anticipated timeframe for                                                                 which there are active or inactive industrial
                                                                                                     ‘‘Sec. 456. Industrial Technology Innovation
                                             achieving the objectives specified under                                                                       facilities that may be used or retrofitted to
                                                                                                                    Advisory Committee.’’.
                                             clause (i);                                                                                                    carry out activities under the focus areas de-
                                                                                                     SEC. 1605. TECHNICAL ASSISTANCE PROGRAM TO
                                               ‘‘(iii) include plans for developing emis-                                                                   scribed in section 455(c); and
                                                                                                                  IMPLEMENT INDUSTRIAL EMISSIONS
                                             sions reduction technologies that are glob-                          REDUCTION.                                  ‘‘(iii) activities carried out in an economi-
                                             ally cost-competitive;                                    (a) IN GENERAL.—The Energy Independence              cally distressed area (as described in section
                                               ‘‘(iv) identify the public and private costs          and Security Act of 2007 is amended by in-             301(a) of the Public Works and Economic De-
                                             of achieving the objectives specified under             serting after section 456 (as added by section         velopment Act of 1965 (42 U.S.C. 3161(a))); and
                                             clause (i); and                                         1604(a)) the following:                                  ‘‘(B) ensure that—
                                               ‘‘(v) estimate the economic and employ-               ‘‘SEC. 457. TECHNICAL ASSISTANCE PROGRAM TO              ‘‘(i) there is geographic diversity among
                                             ment impact in the United States of achiev-                           IMPLEMENT INDUSTRIAL EMISSIONS           the eligible entities selected; and
                                             ing those objectives.                                                 REDUCTION.                                 ‘‘(ii) the activities carried out with tech-
                                               ‘‘(e) MEETINGS.—                                         ‘‘(a) DEFINITIONS.—In this section:                 nical assistance under the program reflect a
                                               ‘‘(1) FREQUENCY.—The Committee shall                     ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible           majority of the focus areas described in sec-




dlhill on DSKBBY8HB2PROD with SENATE
                                             meet not less frequently than 2 times per               entity’ means—                                         tion 455(c).’’.
                                             year, at the call of the Chair.                           ‘‘(A) a State;                                         (b) TECHNICAL AMENDMENT.—The table of
                                               ‘‘(2) INITIAL MEETING.—Not later than 30                ‘‘(B) a unit of local government;                    contents of the Energy Independence and Se-
                                             days after the date on which the members                  ‘‘(C) a territory or possession of the United        curity Act of 2007 (Public Law 110–140; 121
                                             are appointed under subsection (b), the Com-            States;                                                Stat. 1494) (as amended by section 1604(b)) is
                                             mittee shall hold its first meeting.                      ‘‘(D) a relevant State or local office, in-          amended by inserting after the item relating
                                               ‘‘(f) COMMITTEE REPORT.—                              cluding an energy office;                              to section 456 the following:




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                                             S1558                                             CONGRESSIONAL RECORD — SENATE                                                         March 5, 2020
                                             ‘‘Sec. 457. Technical assistance program to             and additive manufacturing to enhance prod-            SEC. 1614. LEVERAGING SMART MANUFACTURING
                                                           implement industrial emissions            uct design;                                                         INFRASTRUCTURE  AT  NATIONAL
                                                                                                                                                                         LABORATORIES.
                                                           reduction.’’.                               (E) connect manufactured products in net-
                                                                                                     works to monitor and optimize the perform-               (a) STUDY.—
                                                 PART II—SMART MANUFACTURING
                                                                                                     ance of the networks, including automated                (1) IN GENERAL.—Not later than 180 days
                                             SEC. 1611. DEFINITIONS.                                                                                        after the date of enactment of this Act, the
                                                In this part:                                        network operations; and
                                                                                                       (F) digitally connect the supply chain net-          Secretary shall conduct a study on how the
                                                (1) ENERGY MANAGEMENT SYSTEM.—The                                                                           Department can increase access to existing
                                             term ‘‘energy management system’’ means a               work.
                                                                                                                                                            high-performance computing resources in
                                             business management process based on                    SEC. 1612. DEVELOPMENT OF NATIONAL SMART
                                                                                                                                                            the National Laboratories, particularly for
                                             standards of the American National Stand-                           MANUFACTURING PLAN.
                                                                                                                                                            small and medium manufacturers.
                                             ards Institute that enables an organization               (a) IN GENERAL.—Not later than 3 years                 (2) INCLUSIONS.—In identifying ways to in-
                                             to follow a systematic approach in achieving            after the date of enactment of this Act, the           crease access to National Laboratories under
                                             continual improvement of energy perform-                Secretary, in consultation with the National           paragraph (1), the Secretary shall—
                                             ance, including energy efficiency, security,            Academies, shall develop and complete a na-              (A) focus on increasing access to the com-
                                             use, and consumption.                                   tional plan for smart manufacturing tech-              puting facilities of the National Labora-
                                                (2) INDUSTRIAL ASSESSMENT CENTER.—The                nology development and deployment to im-               tories; and
                                             term ‘‘industrial assessment center’’ means             prove the productivity and energy efficiency             (B) ensure that—
                                             a center located at an institution of higher            of the manufacturing sector of the United                (i) the information from the manufacturer
                                             education that—                                         States.                                                is protected; and
                                                (A) receives funding from the Department;              (b) CONTENT.—                                          (ii) the security of the National Labora-
                                                (B) provides an in-depth assessment of                 (1) IN GENERAL.—The plan developed under             tory facility is maintained.
                                             small- and medium-size manufacturer plant               subsection (a) shall identify areas in which             (3) REPORT.—Not later than 1 year after
                                             sites to evaluate the facilities, services, and         agency actions by the Secretary and other              the date of enactment of this Act, the Sec-
                                             manufacturing operations of the plant site;             heads of relevant Federal agencies would—              retary shall submit to Congress a report de-
                                             and                                                       (A) facilitate quicker development, deploy-          scribing the results of the study.
                                                (C) identifies opportunities for potential           ment, and adoption of smart manufacturing                (b) ACTIONS FOR INCREASED ACCESS.—The
                                             savings for small- and medium-size manufac-             technologies and processes;                            Secretary shall facilitate access to the Na-
                                             turer plant sites from energy efficiency im-              (B) result in greater energy efficiency and          tional Laboratories studied under subsection
                                             provements, waste minimization, pollution               lower environmental impacts for all Amer-              (a) for small and medium manufacturers so
                                             prevention, and productivity improvement.               ican manufacturers; and                                that small and medium manufacturers can
                                                (3) INFORMATION AND COMMUNICATION TECH-                (C) enhance competitiveness and strength-            fully use the high-performance computing
                                             NOLOGY.—The term ‘‘information and com-                 en the manufacturing sectors of the United             resources of the National Laboratories to en-
                                             munication technology’’ means any elec-                 States.                                                hance the manufacturing competitiveness of
                                             tronic system or equipment (including the                 (2) INCLUSIONS.—Agency actions identified            the United States.
                                             content contained in the system or equip-               under paragraph (1) shall include—                     SEC. 1615. STATE MANUFACTURING LEADERSHIP.
                                             ment) used to create, convert, communicate,               (A) an assessment of previous and current              (a) FINANCIAL ASSISTANCE AUTHORIZED.—
                                             or duplicate data or information, including             actions of the Department relating to smart            The Secretary may provide financial assist-
                                             computer hardware, firmware, software,                  manufacturing;                                         ance on a competitive basis to States for the
                                             communication protocols, networks, and                    (B) the establishment of voluntary inter-            establishment of programs to be used as
                                             data interfaces.                                        connection protocols and performance stand-            models for supporting the implementation of
                                                (4) INSTITUTION OF HIGHER EDUCATION.—The             ards;                                                  smart manufacturing technologies.
                                             term ‘‘institution of higher education’’ has              (C) the use of smart manufacturing to im-              (b) APPLICATIONS.—
                                             the meaning given the term in section 101(a)            prove energy efficiency and reduce emissions             (1) IN GENERAL.—To be eligible to receive
                                             of the Higher Education Act of 1965 (20 U.S.C.          in supply chains across multiple companies;            financial assistance under this section, a
                                             1001(a)).                                                 (D) actions to increase cybersecurity in             State shall submit to the Secretary an appli-
                                                (5) NORTH AMERICAN INDUSTRY CLASSIFICA-              smart manufacturing infrastructure;                    cation at such time, in such manner, and
                                             TION SYSTEM.—The term ‘‘North American                    (E) deployment of existing research re-              containing such information as the Sec-
                                                                                                     sults;                                                 retary may require.
                                             Industry Classification System’’ means the
                                                                                                       (F) the leveraging of existing high-per-               (2) CRITERIA.—The Secretary shall evaluate
                                             standard used by Federal statistical agencies
                                                                                                     formance computing infrastructure; and                 an application for financial assistance under
                                             in classifying business establishments for
                                                                                                       (G) consideration of the impact of smart             this section on the basis of merit using cri-
                                             the purpose of collecting, analyzing, and
                                                                                                     manufacturing on existing manufacturing                teria identified by the Secretary, including—
                                             publishing statistical data relating to the
                                                                                                                                                              (A) technical merit, innovation, and im-
                                             business economy of the United States.                  jobs and future manufacturing jobs.
                                                                                                                                                            pact;
                                                (6) SMALL AND MEDIUM MANUFACTURERS.—                   (c) BIENNIAL REVISIONS.—Not later than 2
                                                                                                                                                              (B) research approach, workplan, and
                                             The term ‘‘small and medium manufactur-                 years after the date on which the Secretary
                                                                                                                                                            deliverables;
                                             ers’’ means manufacturing firms—                        completes the plan under subsection (a), and
                                                                                                                                                              (C) academic and private sector partners;
                                                (A) classified in the North American Indus-          not less frequently than once every 2 years
                                                                                                                                                            and
                                             try Classification System as any of sectors             thereafter, the Secretary shall revise the
                                                                                                                                                              (D) alternate sources of funding.
                                             31 through 33;                                          plan to account for advancements in infor-               (c) REQUIREMENTS.—
                                                (B) with gross annual sales of less than             mation and communication technology and                  (1) TERM.—The term of an award of finan-
                                             $100,000,000;                                           manufacturing needs.                                   cial assistance under this section shall not
                                                (C) with fewer than 500 employees at the               (d) REPORT.—Annually until the comple-               exceed 3 years.
                                             plant site; and                                         tion of the plan under subsection (a), the               (2) MAXIMUM AMOUNT.—The amount of an
                                                (D) with annual energy bills totaling more           Secretary shall submit to Congress a report            award of financial assistance under this sec-
                                             than $100,000 and less than $2,500,000.                 on the progress made in developing the plan.           tion shall be not more than $2,000,000.
                                                (7) SMART MANUFACTURING.—The term                      (e) FUNDING.—The Secretary shall use un-               (3) MATCHING REQUIREMENT.—Each State
                                             ‘‘smart manufacturing’’ means advanced                  obligated funds of the Department to carry             that receives financial assistance under this
                                             technologies in information, automation,                out this section.                                      section shall contribute matching funds in
                                             monitoring, computation, sensing, modeling,             SEC. 1613. LEVERAGING EXISTING AGENCY PRO-             an amount equal to not less than 30 percent
                                             artificial intelligence, analytics, and net-                        GRAMS TO ASSIST SMALL AND ME-              of the amount of the financial assistance.
                                             working that—                                                       DIUM MANUFACTURERS.                          (d) USE OF FUNDS.—
                                                (A) digitally—                                         (a) EXPANSION OF TECHNICAL ASSISTANCE                  (1) IN GENERAL.—A State may use financial
                                                (i) simulate manufacturing production                PROGRAMS.—The Secretary shall expand the               assistance provided under this section—
                                             lines;                                                  scope of technologies covered by the Indus-              (A) to facilitate access to high-perform-
                                                (ii) operate computer-controlled manufac-            trial Assessment Centers of the Depart-                ance computing resources for small and me-
                                             turing equipment;                                       ment—                                                  dium manufacturers; and
                                                (iii) monitor and communicate production               (1) to include smart manufacturing tech-               (B) to provide assistance to small and me-
                                             line status; and                                        nologies and practices; and                            dium manufacturers to implement smart
                                                (iv) manage and optimize energy produc-                (2) to equip the directors of the Industrial         manufacturing technologies and practices.
                                             tivity and cost throughout production;                  Assessment Centers with the training and                 (e) EVALUATION.—The Secretary shall con-




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                                                (B) model, simulate, and optimize the en-            tools necessary to provide technical assist-           duct semiannual evaluations of each award
                                             ergy efficiency of a factory building;                  ance in smart manufacturing technologies               of financial assistance under this section—
                                                (C) monitor and optimize building energy             and practices, including energy management               (1) to determine the impact and effective-
                                             performance;                                            systems, to manufacturers.                             ness of programs funded with the financial
                                                (D) model, simulate, and optimize the de-              (b) FUNDING.—The Secretary shall use un-             assistance; and
                                             sign of energy efficient and sustainable prod-          obligated funds of the Department to carry               (2) to provide guidance to States on ways
                                             ucts, including the use of digital prototyping          out this section.                                      to better execute the program of the State.




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1559
                                               (f) AUTHORIZATION.—There is authorized to               (1) ACTIVITIES.—The Secretary shall con-               (A) hydrogen vehicle technologies, includ-
                                             be appropriated to the Secretary to carry               duct a program of basic and applied research,          ing fuel cells, hydrogen storage, infrastruc-
                                             out this section $10,000,000 for each of fiscal         development, engineering, demonstration,               ture, and activities in hydrogen technology
                                             years 2021 through 2024.                                and commercial application activities on               validation and safety codes and standards;
                                             SEC. 1616. REPORT.                                      materials, technologies, and processes with              (B) multiple battery chemistries and novel
                                               The Secretary annually shall submit to                the potential to substantially reduce or               energy storage devices, including nonchem-
                                             Congress and make publicly available a re-              eliminate petroleum use and the emissions              ical batteries and electromechanical storage
                                             port on the progress made in advancing                  of the passenger and commercial vehicles of            technologies such as hydraulics, flywheels,
                                             smart manufacturing in the United States.               the United States, including activities in the         and compressed air storage;
                                                        Subtitle G—Vehicles                          areas of—                                                (C)    communication      and    connectivity
                                             SEC. 1701. OBJECTIVES.                                    (A) electrification of vehicle systems;              among vehicles, infrastructure, and the elec-
                                               The objectives of this subtitle are—                    (B) batteries, ultracapacitors, and other            trical grid; and
                                               (1) to establish a consistent and consoli-            energy storage devices;
                                                                                                                                                              (D) other innovative technologies research
                                             dated authority for the vehicle technology                (C) power electronics;
                                                                                                                                                            and development, as determined by the Sec-
                                             program at the Department;                                (D) vehicle, component, and subsystem
                                                                                                                                                            retary.
                                               (2) to develop United States technologies             manufacturing technologies and processes;
                                                                                                       (E) engine efficiency and combustion opti-             (3) INDUSTRY PARTICIPATION.—
                                             and practices that—                                                                                              (A) IN GENERAL.—To the maximum extent
                                               (A) improve the fuel efficiency and emis-             mization;
                                                                                                       (F) waste heat recovery;                             practicable, activities under this subtitle
                                             sions of all vehicles produced in the United                                                                   shall be carried out in partnership or col-
                                             States; and                                               (G) transmission and drivetrains;
                                                                                                       (H) hydrogen vehicle technologies, includ-           laboration with automotive manufacturers,
                                               (B) reduce vehicle reliance on petroleum-                                                                    heavy commercial, vocational, and transit
                                             based fuels;                                            ing fuel cells and internal combustion en-
                                                                                                     gines, and hydrogen infrastructure, includ-            vehicle manufacturers, qualified plug-in
                                               (3) to support domestic research, develop-                                                                   electric vehicle manufacturers, compressed
                                             ment, engineering, demonstration, and com-              ing hydrogen energy storage to enable re-
                                                                                                     newables and provide hydrogen for fuel and             natural gas vehicle manufacturers, vehicle
                                             mercial application and manufacturing of                                                                       and engine equipment and component manu-
                                             advanced vehicles, engines, and components;             power;
                                                                                                       (I) natural gas vehicle technologies;                facturers, manufacturing equipment manu-
                                               (4) to enable vehicles to move larger vol-                                                                   facturers, advanced vehicle service pro-
                                                                                                       (J) aerodynamics, rolling resistance (in-
                                             umes of goods and more passengers with less                                                                    viders, fuel producers and energy suppliers,
                                                                                                     cluding tires and wheel assemblies), and ac-
                                             energy and emissions;                                                                                          electric utilities, universities, National Lab-
                                                                                                     cessory power loads of vehicles and associ-
                                               (5) to develop cost-effective advanced tech-                                                                 oratories, and independent research labora-
                                                                                                     ated equipment;
                                             nologies for wide-scale utilization through-
                                                                                                       (K) vehicle weight reduction, including              tories.
                                             out the passenger, commercial, government,
                                                                                                     lightweighting materials and the develop-                (B) REQUIREMENTS.—In carrying out this
                                             and transit vehicle sectors;
                                                                                                     ment of manufacturing processes to fab-                subtitle, the Secretary shall—
                                               (6) to allow for greater consumer choice of
                                                                                                     ricate, assemble, and use dissimilar mate-               (i) determine whether a wide range of com-
                                             vehicle technologies and fuels;
                                                                                                     rials;                                                 panies that manufacture or assemble vehi-
                                               (7) shorten technology development and in-              (L) friction and wear reduction;                     cles or components in the United States are
                                             tegration cycles in the vehicle industry;                 (M) engine and component durability;                 represented in ongoing public-private part-
                                               (8) to ensure a proper balance and diversity            (N) innovative propulsion systems;                   nership activities, including firms that have
                                             of Federal investment in vehicle tech-                    (O) advanced boosting systems;                       not traditionally participated in federally
                                             nologies; and                                             (P) hydraulic hybrid technologies;                   sponsored research and development activi-
                                               (9) to strengthen partnerships between                  (Q) engine compatibility with and optimi-            ties, and where possible, partner with such
                                             Federal and State governmental agencies                 zation for a variety of transportation fuels
                                             and the private and academic sectors.                                                                          firms that conduct significant and relevant
                                                                                                     including natural gas and other liquid and             research and development activities in the
                                             SEC. 1702. COORDINATION AND NONDUPLICA-                 gaseous fuels;
                                                        TION.                                                                                               United States;
                                                                                                       (R) predictive engineering, modeling, and              (ii) leverage the capabilities and resources
                                               The Secretary shall ensure, to the max-               simulation of vehicle and transportation sys-
                                             imum extent practicable, that the activities                                                                   of, and formalize partnerships with, indus-
                                                                                                     tems;                                                  try-led stakeholder organizations, nonprofit
                                             authorized by this subtitle do not duplicate              (S) refueling and charging infrastructure
                                             those of other programs within the Depart-                                                                     organizations, industry consortia, and trade
                                                                                                     for alternative fueled and electric or plug-in         associations with expertise in the research
                                             ment or other relevant research agencies.               electric hybrid vehicles, including the
                                             SEC. 1703. AUTHORIZATION OF APPROPRIATIONS.                                                                    and development of, and education and out-
                                                                                                     unique challenges facing rural areas;
                                               There are authorized to be appropriated to                                                                   reach activities in, advanced automotive and
                                                                                                       (T) gaseous fuels storage systems and sys-
                                             the Secretary for research, development, en-                                                                   commercial vehicle technologies;
                                                                                                     tem integration and optimization;
                                             gineering, demonstration, and commercial                                                                         (iii) develop more effective processes for
                                                                                                       (U) sensing, communications, and actu-
                                             application of vehicles and related tech-                                                                      transferring research findings and tech-
                                                                                                     ation technologies for vehicle, electrical
                                             nologies in the United States, including ac-                                                                   nologies to industry;
                                                                                                     grid, and infrastructure;
                                             tivities authorized under this subtitle—                  (V) efficient use, substitution, and recy-             (iv) support public-private partnerships,
                                               (1) for fiscal year 2021, $313,567,000;               cling of potentially critical materials in ve-         dedicated to overcoming barriers in commer-
                                               (2) for fiscal year 2022, $326,109,000;               hicles, including rare earth elements and              cial application of transformational vehicle
                                               (3) for fiscal year 2023, $339,154,000;               precious metals, at risk of supply disruption;         technologies, that use such industry-led
                                               (4) for fiscal year 2024, $352,720,000; and             (W) aftertreatment technologies;                     technology development facilities of entities
                                               (5) for fiscal year 2025, $366,829,000.                 (X) thermal management of battery sys-               with demonstrated expertise in successfully
                                             SEC. 1704. REPORTING.                                   tems;                                                  designing and engineering pre-commercial
                                               (a) TECHNOLOGIES DEVELOPED.—Not later                   (Y) retrofitting advanced vehicle tech-              generations of such transformational tech-
                                             than 18 months after the date of enactment              nologies to existing vehicles;                         nology; and
                                             of this Act and annually thereafter through               (Z) development of common standards,                   (v) promote efforts to ensure that tech-
                                             2025, the Secretary shall submit to Congress            specifications, and architectures for both             nology research, development, engineering,
                                             a report regarding the technologies devel-              transportation and stationary battery appli-           and commercial application activities funded
                                             oped as a result of the activities authorized                                                                  under this subtitle are carried out in the
                                                                                                     cations;
                                             by this subtitle, with a particular emphasis                                                                   United States.
                                                                                                       (AA) advanced internal combustion en-
                                             on whether the technologies were success-                                                                        (4) INTERAGENCY AND INTRAAGENCY COORDI-
                                                                                                     gines;
                                             fully adopted for commercial applications,                                                                     NATION.—To the maximum extent prac-
                                                                                                       (BB) mild hybrid;
                                             and if so, whether products relying on those                                                                   ticable, the Secretary shall coordinate re-
                                             technologies are manufactured in the United               (CC) engine down speeding;
                                                                                                       (DD) vehicle-to-vehicle, vehicle-to-pedes-           search, development, demonstration, and
                                             States.
                                                                                                     trian, and vehicle-to-infrastructure tech-             commercial application activities among—
                                               (b) ADDITIONAL MATTERS.—At the end of
                                             each fiscal year through 2025, the Secretary            nologies; and                                            (A) relevant programs within the Depart-
                                             shall submit to the relevant Congressional                (EE) other research areas as determined by           ment, including—
                                             committees of jurisdiction an annual report             the Secretary.                                           (i) the Office of Energy Efficiency and Re-
                                             describing activities undertaken in the pre-              (2) TRANSFORMATIONAL TECHNOLOGY.—The                 newable Energy;
                                             vious year under this subtitle, active indus-           Secretary shall ensure that the Department               (ii) the Office of Science;




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                                             try participants, the status of public-private          continues to support research, development,              (iii) the Office of Electricity Delivery and
                                             partnerships, progress of the program in                engineering, demonstration, and commercial             Energy Reliability;
                                             meeting goals and timelines, and a strategic            application activities and maintains com-                (iv) the Office of Fossil Energy;
                                             plan for funding of activities across agencies.         petency in mid- to long-term trans-                      (v) the Advanced Research Projects Agen-
                                             SEC. 1705. VEHICLE RESEARCH AND DEVELOP-                formational vehicle technologies with poten-           cy—Energy; and
                                                         MENT.                                       tial to achieve reductions in emissions, in-             (vi) other offices as determined by the Sec-
                                               (a) PROGRAM.—                                         cluding activities in the areas of—                    retary; and




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                                             S1560                                             CONGRESSIONAL RECORD — SENATE                                                            March 5, 2020
                                                (B) relevant technology research and de-             turing technologies and practices, including             (24) integration of these and other ad-
                                             velopment programs within other Federal                 innovative processes—                                  vanced systems onto a single truck and trail-
                                             agencies, as determined by the Secretary.                  (1) to increase the production rate and de-         er platform.
                                                (5) FEDERAL DEMONSTRATION OF TECH-                   crease the cost of advanced battery and fuel           SEC. 1707. CLASS 8 TRUCK AND TRAILER SYS-
                                             NOLOGIES.—The Secretary shall make infor-               cell manufacturing;                                                TEMS DEMONSTRATION.
                                             mation available to procurement programs                   (2) to vary the capability of individual              (a) IN GENERAL.—The Secretary shall con-
                                             of Federal agencies regarding the potential             manufacturing facilities to accommodate                duct a competitive grant program to dem-
                                             to demonstrate technologies resulting from              different battery chemistries and configura-           onstrate the integration of multiple ad-
                                             activities funded through programs under                tions;                                                 vanced technologies on Class 8 truck and
                                             this subtitle.                                             (3) to reduce waste streams, emissions, and         trailer platforms, including a combination of
                                                (6) INTERGOVERNMENTAL COORDINATION.—                 energy intensity of vehicle, engine, advanced          technologies listed in section 1706.
                                             The Secretary shall seek opportunities to le-           battery, and component manufacturing proc-               (b) APPLICANT TEAMS.—Applicant teams
                                             verage resources and support initiatives of             esses;                                                 may be comprised of truck and trailer manu-
                                             State and local governments in developing                  (4) to recycle and remanufacture used bat-          facturers, engine and component manufac-
                                             and promoting advanced vehicle tech-                    teries and other vehicle components for                turers, fleet customers, university research-
                                             nologies, manufacturing, and infrastructure.            reuse in vehicles or stationary applications;          ers, and other applicants as appropriate for
                                                (7) CRITERIA.—In awarding grants under                  (5) to develop manufacturing processes to           the development and demonstration of inte-
                                             the program under this subsection, the Sec-             effectively fabricate, assemble, and produce           grated Class 8 truck and trailer systems.
                                             retary shall give priority to those tech-               cost-effective lightweight materials such as           SEC. 1708. TECHNOLOGY TESTING AND METRICS.
                                             nologies (either individually or as part of a           advanced aluminum and other metal alloys,                The Secretary, in coordination with the
                                             system) that—                                           polymeric composites, and carbon fiber for             partners of the interagency research pro-
                                                (A) provide the greatest aggregate fuel sav-         use in vehicles;                                       gram described in section 1706—
                                             ings based on the reasonable projected sales               (6) to produce lightweight high pressure              (1) shall develop standard testing proce-
                                             volumes of the technology; and                          storage systems for gaseous fuels;                     dures and technologies for evaluating the
                                                (B) provide the greatest increase in United             (7) to design and manufacture purpose-              performance of advanced heavy vehicle tech-
                                             States employment.                                      built hydrogen fuel cell vehicles and compo-
                                                (8) SECONDARY USE APPLICATIONS.—                                                                            nologies under a range of representative
                                                                                                     nents;                                                 duty cycles and operating conditions, includ-
                                                (A) IN GENERAL.—The Secretary shall carry               (8) to improve the calendar life and cycle
                                             out a research, development, and demonstra-                                                                    ing for heavy hybrid propulsion systems;
                                                                                                     life of advanced batteries; and                          (2) shall evaluate heavy vehicle perform-
                                             tion program that—                                         (9) to produce permanent magnets for ad-
                                                (i) builds on any work carried out under                                                                    ance using work performance-based metrics
                                                                                                     vanced vehicles.                                       other than those based on miles per gallon,
                                             section 915 of the Energy Policy Act of 2005
                                             (42 U.S.C. 16195);                                      SEC. 1706. MEDIUM- AND HEAVY-DUTY COMMER-              including those based on units of volume and
                                                (ii) identifies possible uses of a vehicle bat-                  CIAL AND TRANSIT VEHICLES PRO-             weight transported for freight applications,
                                             tery after the useful life of the battery in a                      GRAM.                                      and appropriate metrics based on the work
                                             vehicle has been exhausted;                                                                                    performed by nonroad systems; and
                                                                                                       The Secretary, in partnership with rel-                (3) may construct heavy duty truck and
                                                (iii) conducts long-term testing to verify           evant research and development programs in
                                             performance and degradation predictions and                                                                    bus testing facilities.
                                                                                                     other Federal agencies, and a range of appro-          SEC. 1709. NONROAD SYSTEMS PILOT PROGRAM.
                                             lifetime valuations for secondary uses;
                                                                                                     priate industry stakeholders, shall carry out
                                                (iv) evaluates innovative approaches to re-                                                                   The Secretary shall undertake a pilot pro-
                                                                                                     a program of cooperative research, develop-            gram of research, development, demonstra-
                                             cycling materials from plug-in electric drive
                                             vehicles and the batteries used in plug-in              ment, demonstration, and commercial appli-             tion, and commercial applications of tech-
                                             electric drive vehicles;                                cation activities on advanced technologies             nologies to improve total machine or system
                                                (v)(I) assesses the potential for markets for        for medium- to heavy-duty commercial, vo-              efficiency for nonroad mobile equipment in-
                                             uses described in clause (ii) to develop; and           cational, recreational, and transit vehicles,          cluding agricultural, construction, air, and
                                                (II) identifies any barriers to the develop-         including activities in the areas of—                  sea port equipment, and shall seek opportu-
                                             ment of those markets; and                                (1) engine efficiency and combustion re-             nities to transfer relevant research findings
                                                (vi) identifies the potential uses of a vehi-        search;                                                and technologies between the nonroad and
                                             cle battery—                                              (2) onboard storage technologies for com-            on-highway equipment and vehicle sectors.
                                                (I) with the most promise for market de-             pressed and liquefied natural gas;                     SEC. 1710. REPEAL OF EXISTING AUTHORITIES.
                                             velopment; and                                            (3) development and integration of engine              (a) IN GENERAL.—Sections 706, 711, 712, and
                                                (II) for which market development would              technologies designed for natural gas oper-            933 of the Energy Policy Act of 2005 (42 U.S.C.
                                             be aided by a demonstration project.                    ation of a variety of vehicle platforms;               16051, 16061, 16062, 16233) are repealed.
                                                (B) REPORT.—Not later than 1 year after                (4) waste heat recovery and conversion;                (b) ENERGY EFFICIENCY.—Section 911 of the
                                             the date of enactment of this Act, the Sec-               (5) improved aerodynamics and tire rolling           Energy Policy Act of 2005 (42 U.S.C. 16191) is
                                             retary shall submit to the appropriate com-             resistance;                                            amended—
                                             mittees of Congress an initial report on the              (6) energy and space-efficient emissions               (1) in subsection (a)—
                                             findings of the program described in subpara-           control systems;                                         (A) in paragraph (1)(A), by striking ‘‘vehi-
                                             graph (A), including recommendations for                  (7) mild hybrid, heavy hybrid, hybrid hy-            cles, buildings,’’ and inserting ‘‘buildings’’;
                                             stationary energy storage and other poten-              draulic, plug-in hybrid, and electric plat-            and
                                             tial applications for batteries used in plug-in         forms, and energy storage technologies;                  (B) in paragraph (2)—
                                             electric drive vehicles.                                  (8) drivetrain optimization;                           (i) by striking subparagraph (A); and
                                                (C) SECONDARY USE DEMONSTRATION.—                      (9) friction and wear reduction;                       (ii) by redesignating subparagraphs (B)
                                                (i) IN GENERAL.—Based on the results of the            (10) engine idle and parasitic energy loss           through (E) as subparagraphs (A) through
                                             program described in subparagraph (A), the              reduction;                                             (D), respectively; and
                                             Secretary shall develop guidelines for                    (11) electrification of accessory loads;               (2) in subsection (c)—
                                             projects that demonstrate the secondary                   (12) onboard sensing and communications                (A) by striking paragraph (3);
                                             uses and innovative recycling of vehicle bat-           technologies;                                            (B) by redesignating paragraph (4) as para-
                                             teries.                                                   (13) advanced lightweighting materials and           graph (3); and
                                                (ii) PUBLICATION OF GUIDELINES.—Not later            vehicle designs;                                         (C) in paragraph (3) (as so redesignated), by
                                             than 18 months after the date of enactment                (14) increasing load capacity per vehicle;           striking ‘‘(a)(2)(D)’’ and inserting ‘‘(a)(2)(C)’’.
                                             of this Act, the Secretary shall—                         (15) thermal management of battery sys-
                                                                                                     tems;                                                         Subtitle H—Department of Energy
                                                (I) publish the guidelines described in
                                             clause (i); and                                           (16) recharging infrastructure;                      SEC. 1801. VETERANS’ HEALTH INITIATIVE.
                                                (II) solicit applications for funding for              (17) compressed natural gas infrastructure;            (a) PURPOSES.—The purposes of this section
                                             demonstration projects.                                   (18) advanced internal combustion engines;           are to advance Department expertise in arti-
                                                (iii) PILOT DEMONSTRATION PROGRAM.—Not                 (19) complete vehicle and power pack mod-            ficial intelligence and high-performance
                                             later than 21 months after the date of enact-           eling, simulation, and testing;                        computing in order to improve health out-
                                             ment of this Act, the Secretary shall select              (20) hydrogen vehicle technologies, includ-          comes for veteran populations by—
                                             proposals for grant funding under this sub-             ing fuel cells and internal combustion en-               (1) supporting basic research through the
                                             section, based on an assessment of which                gines, and hydrogen infrastructure, includ-            application of artificial intelligence, high-




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                                             proposals are mostly likely to contribute to            ing hydrogen energy storage to enable re-              performance computing, modeling and sim-
                                             the development of a secondary market for               newables and provide hydrogen for fuel and             ulation, machine learning, and large-scale
                                             batteries.                                              power;                                                 data analytics to identify and solve out-
                                                (b) MANUFACTURING.—The Secretary shall                 (21) retrofitting advanced technologies              come-defined challenges in the health
                                             carry out a research, development, engineer-            onto existing truck fleets;                            sciences;
                                             ing, demonstration, and commercial applica-               (22) advanced boosting systems;                        (2) maximizing the impact of the Depart-
                                             tion program of advanced vehicle manufac-                 (23) engine down speeding; and                       ment of Veterans Affairs’ health and




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                    S1561
                                             genomics data housed at the National Lab-               fairs, and that access to data is provided in            ‘‘(C) The exportation of natural gas to a
                                             oratories, as well as data from other sources,          accordance with relevant Department of Vet-            nation with which there is in effect a free
                                             on science, innovation, and health care out-            erans Affairs data access policies, including          trade agreement requiring national treat-
                                             comes through the use and advancement of                informed consent.                                      ment for trade in natural gas.
                                             artificial intelligence and high-performance              (4) REPORT.—Not later than 2 years after               ‘‘(2) EXCLUSION.—Subparagraphs (B) and
                                             computing capabilities of the Department;               the date of enactment of this Act, the Sec-            (C) of paragraph (1) shall not apply to any
                                               (3)   promoting     collaborative   research          retary shall submit to the Committee on En-            nation subject to sanctions imposed by the
                                             through the establishment of partnerships to            ergy and Natural Resources and the Com-                United States.’’.
                                             improve data sharing between Federal agen-              mittee on Veterans’ Affairs of the Senate,             SEC. 1803. APPALACHIAN ENERGY FOR NATIONAL
                                             cies, National Laboratories, institutions of            and the Committee on Science, Space, and                            SECURITY.
                                             higher education, and nonprofit institutions;           Technology and the Committee on Veterans’                (a) STUDY ON BUILDING ETHANE AND OTHER
                                               (4) establishing multiple scientific com-             Affairs of the House of Representatives, a re-         NATURAL-GAS-LIQUIDS-RELATED          PETRO-
                                             puting user facilities to house and provision           port detailing the effectiveness of—                   CHEMICAL INFRASTRUCTURE.—
                                             available data to foster transformational                 (A) the interagency coordination between               (1) IN GENERAL.—Not later than 1 year after
                                             outcomes; and                                           each Federal agency involved in the research           the date of enactment of this Act, the Sec-
                                               (5) driving the development of technology             program carried out under this subsection;             retary, in consultation with the Secretary of
                                             to improve artificial intelligence, high-per-             (B) collaborative research achievements of           Defense, the Secretary of the Treasury, and
                                             formance computing, and networking rel-                 the program; and                                       the heads of other relevant Federal depart-
                                             evant to mission applications of the Depart-              (C) potential opportunities to expand the            ments and agencies and stakeholders, shall
                                             ment, including modeling, simulation, ma-               technical capabilities of the Department.              conduct a study assessing the potential na-
                                             chine learning, and advanced data analytics.              (5) FUNDING.—There is authorized to be ap-           tional and economic security impacts of
                                               (b) VETERANS HEALTH RESEARCH AND DE-                  propriated to the Secretary of Veterans Af-            building ethane and other natural-gas-liq-
                                             VELOPMENT.—                                             fairs to carry out this subsection $27,000,000         uids-related petrochemical infrastructure in
                                               (1) IN GENERAL.—The Secretary shall estab-            during the period of fiscal years 2021 through         the geographical vicinity of the Marcellus,
                                             lish and carry out a research program in ar-            2025.                                                  Utica, and Rogersville shale plays in the
                                             tificial intelligence and high-performance                (c) INTERAGENCY COLLABORATION.—                      United States.
                                             computing, focused on the development of                  (1) IN GENERAL.—The Secretary is author-               (2) CONTENTS.—The study conducted under
                                             tools to solve large-scale data analytics and           ized to carry out research, development, and           paragraph (1) shall include—
                                             management challenges associated with vet-              demonstration activities to develop tools to             (A) the identification of potential benefits
                                             eran’s healthcare, and to support the efforts           apply to big data that enable Federal agen-            of the proposed infrastructure to national
                                             of the Department of Veterans Affairs to                cies, institutions of higher education, non-           and economic security, including the identi-
                                             identify potential health risks and chal-               profit research organizations, and industry            fication of potential risks to national and
                                             lenges     utilizing   data    on   long-term           to better leverage the capabilities of the De-         economic security of significant foreign own-
                                             healthcare, health risks, and genomic data              partment to solve complex, big data chal-              ership and control of United States domestic
                                             collected from veteran populations. The Sec-            lenges. The Secretary shall carry out these            petrochemical resources; and
                                             retary shall carry out this program through             activities through a competitive, merit-re-              (B) an examination of, with respect to the
                                             a competitive, merit-reviewed process, and              viewed process, and consider applications              proposed infrastructure—
                                             consider applications from National Labora-             from National Laboratories, institutions of              (i) types of additional infrastructure need-
                                             tories, institutions of higher education,               higher education, multi-institutional col-             ed to fully optimize the potential national
                                             multi-institutional collaborations, and other           laborations, and other appropriate entities.           security benefits;
                                             appropriate entities.                                     (2) ACTIVITIES.—In carrying out the re-                (ii) whether geopolitical diversity in areas
                                               (2) PROGRAM COMPONENTS.—In carrying out               search, development, and demonstration ac-             to which the ethane and other natural gas
                                             the program established under paragraph (1),            tivities authorized under paragraph (1), the           liquids will be exported from the producing
                                             the Secretary may—                                      Secretary may—                                         region would undermine or bolster national
                                               (A) conduct basic research in modeling and              (A) utilize all available mechanisms to pre-         security;
                                             simulation, machine learning, large-scale               vent duplication and coordinate research ef-             (iii) the necessity of evaluating the public
                                             data analytics, and predictive analysis in              forts across the Department;                           interest with respect to exports of ethane,
                                             order to develop novel or optimized algo-                 (B) establish multiple user facilities to            propane, butane, and other natural gas liq-
                                             rithms for prediction of disease treatment              serve as data enclaves capable of securely             uids, to ensure the potential strategic na-
                                             and recovery;                                           storing data sets created by Federal agen-             tional and economic security benefits are
                                               (B) develop methods to accommodate large              cies, institutions of higher education, non-           preserved within the United States; and
                                             data sets with variable quality and scale,              profit organizations, or industry at National            (iv) the potential benefits, with respect to
                                             and to provide insight and models for com-              Laboratories; and                                      significant weather impacts, compared to
                                             plex systems;                                             (C) promote collaboration and data sharing           other regions, of locating the proposed infra-
                                               (C) develop new approaches and maximize               between National Laboratories, research en-            structure in the geographical vicinity of the
                                             the use of algorithms developed through ar-             tities, and user facilities of the Department          Marcellus, Utica, and Rogersville shale
                                             tificial intelligence, machine learning, data           by providing the necessary access and secure           plays.
                                             analytics, natural language processing, mod-            data transfer capabilities.                              (b) REPORTS.—
                                             eling and simulation, and develop new algo-               (3) REPORT.—Not later than 2 years after               (1) STATUS REPORTS.—Prior to completion
                                             rithms suitable for high-performance com-               the date of enactment of this Act, the Sec-            of the study under subsection (a), the Com-
                                             puting systems and large biomedical data                retary shall submit to the Committee on En-            mittees on Energy and Natural Resources
                                             sets;                                                   ergy and Natural Resources of the Senate               and Armed Services of the Senate and the
                                               (D) advance existing and construct new                and the Committee on Science, Space, and               Committees on Energy and Commerce and
                                             data enclaves capable of securely storing               Technology of the House of Representatives             Armed Services of the House of Representa-
                                             data sets provided by the Department of Vet-            a report evaluating the effectiveness of the           tives, from time to time, may request and re-
                                             erans Affairs, Department of Defense, and               activities authorized under paragraph (1).             ceive from the Secretary status reports with
                                             other sources; and                                        (4) FUNDING.—There are authorized to be              respect to the study, including any findings.
                                               (E) promote collaboration and data sharing            appropriated to the Secretary to carry out               (2) SUBMISSION AND PUBLICATION OF RE-
                                             between National Laboratories, research en-             this subsection $15,000,000 for each of fiscal         PORT.—On completion of the study under
                                             tities, and user facilities of the Department           years 2021 through 2025.                               subsection (a), the Secretary shall—
                                             by providing the necessary access and secure            SEC. 1802. SMALL SCALE LNG ACCESS.                       (A) submit to the Committees on Energy
                                             data transfer capabilities.                               Section 3 of the Natural Gas Act (15 U.S.C.          and Natural Resources and Armed Services
                                               (3) COORDINATION.—In carrying out the pro-            717b) is amended by striking subsection (c)            of the Senate and the Committees on Energy
                                             gram established under paragraph (1), the               and inserting the following:                           and Commerce and Armed Services of the
                                             Secretary is authorized—                                  ‘‘(c) EXPEDITED APPLICATION AND APPROVAL             House of Representatives a report describing
                                               (A) to enter into memoranda of under-                 PROCESS.—                                              the results of the study; and
                                             standing in order to carry out reimbursable               ‘‘(1) IN GENERAL.—For purposes of sub-                 (B) publish the report on the website of the
                                             agreements with the Department of Veterans              section (a), the following shall be deemed to          Department.
                                             Affairs and other entities in order to maxi-            be consistent with the public interest, and            SEC. 1804. ENERGY AND WATER FOR SUSTAIN-
                                             mize the effectiveness of Department re-                applications for such importation or expor-                        ABILITY.
                                             search and development to improve veterans’             tation shall be granted without modification             (a) NEXUS OF ENERGY AND WATER FOR SUS-




dlhill on DSKBBY8HB2PROD with SENATE
                                             healthcare;                                             or delay:                                              TAINABILITY.—
                                               (B) to consult with the Department of Vet-              ‘‘(A) The importation of the natural gas re-           (1) DEFINITIONS.—In this subsection:
                                             erans Affairs and other Federal agencies as             ferred to in subsection (b).                             (A) ENERGY-WATER NEXUS.—The term ‘‘en-
                                             appropriate; and                                          ‘‘(B) Subject to the last sentence of sub-           ergy-water nexus’’ means the links be-
                                               (C) to ensure that data storage meets all             section (a), the exportation of natural gas in         tween—
                                             privacy and security requirements estab-                a volume up to and including 51,750,000,000              (i) the water needed to produce fuels, elec-
                                             lished by the Department of Veterans Af-                cubic feet per year.                                   tricity, and other forms of energy; and




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                                             S1562                                             CONGRESSIONAL RECORD — SENATE                                                         March 5, 2020
                                               (ii) the energy needed to transport, re-              nities that support basic and applied RD&D               (B) EFFECT.—The termination of authority
                                             claim, and treat water and wastewater.                  proposals to advance energy-water nexus re-            under subparagraph (A) shall not affect on-
                                               (B)    INTERAGENCY      COORDINATION   COM-           lated science and technologies;                        going interagency planning, coordination, or
                                             MITTEE.—The term ‘‘Interagency Coordina-                  (bb) to leverage existing programs by en-            other activities relating to the energy-water
                                             tion Committee’’ means the Committee on                 couraging joint solicitations, block grants,           nexus.
                                             the Nexus of Energy and Water for Sustain-              and matching programs with non-Federal en-               (b) INTEGRATING ENERGY AND WATER RE-
                                             ability (or the ‘‘NEWS Committee’’) estab-              tities; and                                            SEARCH.—The      Secretary shall integrate
                                             lished under paragraph (2)(A).                            (cc) to identify opportunities for domestic          water considerations into energy research,
                                               (C) NEXUS OF ENERGY AND WATER SUSTAIN-                and international public-private partner-              development, and demonstration programs
                                             ABILITY OFFICE; NEWS OFFICE.—The term                   ships, innovative financing mechanisms, and            and projects of the Department by—
                                             ‘‘Nexus of Energy and Water Sustainability              information and data exchange;                           (1) advancing energy and energy efficiency
                                             Office’’ or the ‘‘NEWS Office’’ means an of-              (v) promote the integration of energy-               technologies and practices that meet the ob-
                                             fice located at the Department and managed              water nexus considerations into existing               jectives of—
                                             in cooperation with the Department of the               Federal water, energy, and other natural re-             (A) minimizing freshwater withdrawal and
                                             Interior pursuant to an agreement between               source, infrastructure, and science programs           consumption;
                                             the 2 agencies to carry out leadership and              at the national and regional levels and with             (B) increasing water use efficiency; and
                                             administrative functions for the Interagency            programs administered in partnership with                (C) utilizing nontraditional water sources;
                                             Coordination Committee.                                 non-Federal entities; and                                (2) considering the effects climate varia-
                                               (D) RD&D.—The term ‘‘RD&D’’ means re-                   (vi) not later than 1 year after the date of         bility may have on water supplies and qual-
                                             search, development, and demonstration.                 enactment of this Act, issue a report on the           ity for energy generation and fuel produc-
                                               (2)    INTERAGENCY     COORDINATION    COM-           potential benefits and feasibility of estab-           tion; and
                                             MITTEE.—                                                lishing an energy-water center of excellence             (3) improving understanding of the energy-
                                               (A) ESTABLISHMENT.—Not later than 180                 within the National Laboratories.                      water nexus (as defined in subsection (a)(1)).
                                             days after the date of enactment of this Act,             (D) NO REGULATION.—Nothing in this para-               (c) SMART ENERGY AND WATER EFFICIENCY
                                             the Secretary and the Secretary of the Inte-            graph grants to the Interagency Coordina-              PILOT PROGRAM.—
                                             rior shall establish the joint NEWS Office              tion Committee the authority to promulgate               (1) IN GENERAL.—Subtitle A of title IX of
                                             and Interagency Coordination Committee on               regulations or set standards.                          the Energy Policy Act of 2005 (42 U.S.C. 16191
                                             the Nexus of Energy and Water for Sustain-                (E) ADDITIONAL PARTICIPATION.—In devel-              et seq.) is amended by adding at the end the
                                             ability (or the ‘‘NEWS Committee’’) to carry            oping the strategic plan described in sub-             following:
                                             out the duties described in subparagraph (C).           paragraph (C)(ii), the Secretary shall consult
                                                                                                                                                            ‘‘SEC. 918. SMART ENERGY AND WATER EFFI-
                                               (B) ADMINISTRATION.—                                  and coordinate with a diverse group of rep-
                                                                                                                                                                         CIENCY PILOT PROGRAM.
                                               (i) CHAIRS.—The Secretary and the Sec-                resentatives from research and academic in-
                                             retary of the Interior shall jointly manage             stitutions, industry, public utility commis-             ‘‘(a) DEFINITIONS.—In this section:
                                             the NEWS Office and serve as co-chairs of               sions, and State and local governments that              ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible
                                             the Interagency Coordination Committee.                 have expertise in technologies and practices           entity’ means—
                                               (ii) MEMBERSHIP; STAFFING.—Membership                 relating to the energy-water nexus.                      ‘‘(A) a utility;
                                             and staffing shall be determined by the co-               (F) REVIEW; REPORT.—At the end of the 5-               ‘‘(B) a municipality;
                                             chairs.                                                 year period beginning on the date on which               ‘‘(C) a water district;
                                               (C) DUTIES.—The Interagency Coordination              the Interagency Coordination Committee                   ‘‘(D) an Indian tribe or Alaska Native vil-
                                             Committee shall—                                        and NEWS Office are established, the NEWS              lage; and
                                               (i) serve as a forum for developing common            Office shall—                                            ‘‘(E) any other authority that provides
                                             Federal goals and plans on energy-water                   (i) review the activities, relevance, and ef-        water, wastewater, or water reuse services.
                                             nexus RD&D activities in coordination with              fectiveness of the Interagency Coordination              ‘‘(2) SMART ENERGY AND WATER EFFICIENCY
                                             the National Science and Technology Coun-               Committee; and                                         PILOT PROGRAM.—The term ‘smart energy
                                             cil;                                                      (ii) submit to the Committee on Energy               and water efficiency pilot program’ or ‘pilot
                                               (ii) not later than 1 year after the date of          and Natural Resources of the Senate and the            program’ means the pilot program estab-
                                             enactment of this Act, and biennially there-            Committees on Science, Space, and Tech-                lished under subsection (b).
                                             after, issue a strategic plan on energy-water           nology, Energy and Commerce, and Natural                 ‘‘(b) SMART ENERGY AND WATER EFFICIENCY
                                             nexus RD&D activities priorities and objec-             Resources of the House of Representatives a            PILOT PROGRAM.—
                                             tives;                                                  report that—                                             ‘‘(1) IN GENERAL.—The Secretary shall es-
                                               (iii) convene and promote coordination of               (I) describes the results of the review con-         tablish and carry out a smart energy and
                                             the activities of Federal departments and               ducted under clause (i); and                           water efficiency pilot program in accordance
                                             agencies on energy-water nexus RD&D ac-                   (II) includes a recommendation on whether            with this section.
                                             tivities, including the activities of—                  the Interagency Coordination Committee                   ‘‘(2) PURPOSE.—The purpose of the smart
                                               (I) the Department;                                   should continue.                                       energy and water efficiency pilot program is
                                               (II) the Department of the Interior;                    (3) CROSSCUT BUDGET.—Not later than 30               to award grants to eligible entities to dem-
                                               (III) the Corps of Engineers;                         days after the President submits the budget            onstrate unique, advanced, or innovative
                                               (IV) the Department of Agriculture;                   of the United States Government under sec-             technology-based solutions that will—
                                               (V) the Department of Defense;                        tion 1105 of title 31, United States Code, the           ‘‘(A) improve the net energy balance of
                                               (VI) the Department of State;                         co-chairs of the Interagency Coordination              water, wastewater, and water reuse systems;
                                               (VII) the Environmental Protection Agen-              Committee (acting through the NEWS Of-                   ‘‘(B) improve the net energy balance of
                                             cy;                                                     fice) shall submit to the Committee on En-             water, wastewater, and water reuse systems
                                               (VIII) the Council on Environmental Qual-             ergy and Natural Resources of the Senate               to help communities across the United
                                             ity;                                                    and the Committees on Science, Space, and              States make measurable progress in con-
                                               (IX) the National Institute of Standards              Technology, Energy and Commerce, and Nat-              serving water, saving energy, and reducing
                                             and Technology;                                         ural Resources of the House of Representa-             costs;
                                               (X) the National Oceanic and Atmospheric              tives, an interagency budget crosscut report             ‘‘(C) support the implementation of inno-
                                             Administration;                                         that displays at the program-, project-, and           vative and unique processes and the installa-
                                               (XI) the National Science Foundation;                 activity-level for each of the Federal agen-           tion of established advanced automated sys-
                                               (XII) the Office of Management and Budg-              cies that carry out or support (including              tems that provide real-time data on energy
                                             et;                                                     through grants, contracts, interagency and             and water; and
                                               (XIII) the Office of Science and Technology           intraagency transfers, and multiyear and no-             ‘‘(D) improve energy-water conservation
                                             Policy;                                                 year funds) basic and applied RD&D activi-             and quality and predictive maintenance
                                               (XIV) the National Aeronautics and Space              ties to advance the energy-water nexus re-             through technologies that utilize internet
                                             Administration; and                                     lated science and technologies—                        connected technologies, including sensors,
                                               (XV) such other Federal departments and                 (A) the budget proposed in the budget re-            intelligent gateways, and security embedded
                                             agencies as the Interagency Coordination                quest of the President for the upcoming fis-           in hardware.
                                             Committee considers appropriate;                        cal year;                                                ‘‘(3) PROJECT SELECTION.—
                                               (iv)(I) coordinate and develop capabilities             (B) expenditures and obligations for the               ‘‘(A) IN GENERAL.—The Secretary shall
                                             and methodologies for data collection, man-             prior fiscal year; and                                 make competitive, merit-reviewed grants
                                             agement, and dissemination of information                 (C) estimated expenditures and obligations           under the pilot program to not less than 3,




dlhill on DSKBBY8HB2PROD with SENATE
                                             related to energy-water nexus RD&D activi-              for the current fiscal year.                           but not more than 5, eligible entities.
                                             ties from and to other Federal departments                (4) TERMINATION.—                                      ‘‘(B) SELECTION CRITERIA.—In selecting an
                                             and agencies; and                                         (A) IN GENERAL.—The authority provided               eligible entity to receive a grant under the
                                               (II) promote information exchange between             to the NEWS Office and NEWS Committee                  pilot program, the Secretary shall consider—
                                             Federal departments and agencies—                       under this subsection shall terminate on the             ‘‘(i) energy and cost savings;
                                               (aa) to identify and document Federal and             date that is 7 years after the date of enact-            ‘‘(ii) the uniqueness, commercial viability,
                                             non-Federal programs and funding opportu-               ment of this Act.                                      and reliability of the technology to be used;




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1563
                                               ‘‘(iii) the degree to which the project inte-           ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—              Department, National Laboratories, the
                                             grates next-generation sensors software,                There is authorized to be appropriated to the          Technology Transfer Working Group estab-
                                             analytics, and management tools;                        Secretary to carry out this section                    lished under subsection (b), the Technology
                                               ‘‘(iv) the anticipated cost-effectiveness of          $15,000,000, to remain available until ex-             Transfer Policy Board, and other stake-
                                             the pilot project through measurable energy             pended.’’.                                             holders (including private industry).’’;
                                             savings, water savings or reuse, and infra-               (2) CONFORMING AMENDMENT.—The table of                 (4) by redesignating subsections (d)
                                             structure costs averted;                                contents of the Energy Policy Act of 2005              through (h) as subsections (b) through (f), re-
                                               ‘‘(v) whether the technology can be de-               (Public Law 109–58; 119 Stat. 594) is amended          spectively; and
                                             ployed in a variety of geographic regions and           by inserting after the item relating to sec-             (5) in subsection (f) (as so redesignated), by
                                             the degree to which the technology can be               tion 917 the following:                                striking ‘‘subsection (e)’’ and inserting ‘‘sub-
                                             implemented in a wide range of applications             ‘‘Sec. 918. Smart energy and water efficiency          section (c)’’.
                                             ranging in scale from small towns to large                            pilot program.’’.                          (b) REVIEW OF APPLIED ENERGY PRO-
                                             cities, including tribal communities;                   SEC. 1805. TECHNOLOGY TRANSITIONS.                     GRAMS.—
                                               ‘‘(vi) whether the technology has been suc-             (a) OFFICE OF TECHNOLOGY TRANSITIONS.—                 (1) IN GENERAL.—Not later than 1 year after
                                             cessfully deployed elsewhere;                           Section 1001 of the Energy Policy Act of 2005          the date of enactment of this Act, the Sec-
                                               ‘‘(vii) whether the technology was sourced            (42 U.S.C. 16391) is amended—                          retary shall conduct a review of all applied
                                             from a manufacturer based in the United                   (1) by striking subsection (a) and all that          energy research and development programs
                                             States; and                                             follows through ‘‘The Coordinator’’ in sub-            under the Department that focus on re-
                                               ‘‘(viii) whether the project will be com-             section (b) and inserting the following:               searching and developing technologies that
                                             pleted in 5 years or less.                                ‘‘(a) OFFICE OF TECHNOLOGY TRANSITIONS.—             reduce emissions.
                                               ‘‘(C) APPLICATIONS.—                                    ‘‘(1) ESTABLISHMENT.—There is established              (2) REQUIREMENTS.—In conducting the re-
                                               ‘‘(i) IN GENERAL.—Subject to clause (ii), an          within the Department an Office of Tech-               view under paragraph (1), the Secretary
                                             eligible entity seeking a grant under the               nology Transitions (referred to in this sec-           shall—
                                             pilot program shall submit to the Secretary             tion as the ‘Office’).                                   (A) identify each program described in that
                                             an application at such time, in such manner,              ‘‘(2) MISSION.—The mission of the Office             paragraph the mission of which is to re-
                                             and containing such information as the Sec-             shall be—                                              search and develop technologies that reduce
                                             retary determines to be necessary.                        ‘‘(A) to expand the commercial impact of             emissions;
                                               ‘‘(ii) CONTENTS.—An application under                 the research investments of the Department;              (B) determine the type of services provided
                                             clause (i) shall, at a minimum, include—                and                                                    by each program identified under subpara-
                                               ‘‘(I) a description of the project;                     ‘‘(B) to focus on commercializing tech-              graph (A), such as grants and technical as-
                                               ‘‘(II) a description of the technology to be          nologies that reduce greenhouse gas emis-              sistance;
                                             used in the project;                                    sions and technologies that support other                (C) determine whether there are written
                                               ‘‘(III) the anticipated results, including en-        missions of the Department.                            program goals for each program identified
                                             ergy and water savings, of the project;                   ‘‘(3) GOALS.—                                        under subparagraph (A);
                                               ‘‘(IV) a comprehensive budget for the                   ‘‘(A) IN GENERAL.—In carrying out the mis-             (D) examine the extent to which the pro-
                                             project;                                                sion and activities of the Office, the Chief           grams identified under subparagraph (A)
                                               ‘‘(V) the names of the project lead organi-           Commercialization Officer appointed under              overlap or are duplicative; and
                                             zation and any partners;                                paragraph (4) shall, with respect to commer-             (E) develop recommendations—
                                               ‘‘(VI) the number of users to be served by            cialization activities, meet not less than two           (i) as to how any overlapping or duplica-
                                             the project;                                            of the goals described in subparagraph (B)             tive programs identified under subparagraph
                                               ‘‘(VII) a description of the ways in which            and, to the maximum extent practicable,                (D) should be restructured or consolidated,
                                             the proposal would meet performance meas-               meet all of the goals described in that sub-           including by any necessary legislation;
                                             ures established by the Secretary; and                  paragraph.                                               (ii) as to how to identify technologies de-
                                               ‘‘(VIII) any other information that the                 ‘‘(B) GOALS DESCRIBED.—The goals referred            scribed in subparagraph (A) that—
                                             Secretary determines to be necessary to                 to in subparagraph (A) are the following:                (I) are not served by a single program of-
                                             complete the review and selection of a grant              ‘‘(i) Reduction of greenhouse gas emis-              fice at the Department; or
                                             recipient.                                              sions.                                                   (II) the research and development of which
                                               ‘‘(4) ADMINISTRATION.—                                  ‘‘(ii) Ensuring economic competitiveness.            may require collaboration with other Fed-
                                               ‘‘(A) IN GENERAL.—Not later than 1 year                 ‘‘(iii) Enhancement of domestic energy se-           eral agencies; and
                                             after the date of enactment of this section,            curity and national security.                            (iii) for methods to improve the programs
                                             the Secretary shall select grant recipients               ‘‘(iv) Enhancement of domestic jobs.                 identified under subparagraph (A), including
                                             under this section.                                       ‘‘(v) Any other missions of the Depart-              by establishing program goals, assessing
                                               ‘‘(B) EVALUATIONS.—                                   ment, as determined by the Secretary.                  workforce considerations and technical
                                               ‘‘(i) ANNUAL EVALUATIONS.—The Secretary                 ‘‘(4) CHIEF COMMERCIALIZATION OFFICER.—              skills, or increasing collaboration with other
                                             shall annually carry out an evaluation of                 ‘‘(A) IN GENERAL.—The Office shall be head-          Federal agencies and stakeholders (including
                                             each project for which a grant is provided              ed by an officer, who shall be known as the            private industry).
                                             under this section that meets performance               ‘Chief Commercialization Officer’, and who               (3) REPORT.—Not later than 60 days after
                                             measures and benchmarks developed by the                shall report directly to, and be appointed by,         the Secretary completes the review under
                                             Secretary, consistent with the purposes of              the Secretary.                                         paragraph (1), the Secretary shall submit to
                                             this section.                                             ‘‘(B) PRINCIPAL ADVISOR.—The Chief Com-              the Committee on Energy and Natural Re-
                                               ‘‘(ii) REQUIREMENTS.—Consistent with the              mercialization Officer shall be the principal          sources of the Senate and the Committees on
                                             performance measures and benchmarks de-                 advisor to the Secretary on all matters re-            Science, Space, and Technology and Energy
                                             veloped under clause (i), in carrying out an            lating to technology transfer and commer-              and Commerce of the House of Representa-
                                             evaluation under that clause, the Secretary             cialization.                                           tives a report describing the results of and
                                             shall—                                                    ‘‘(C) QUALIFICATIONS.—The Chief Commer-              the recommendations developed under the
                                               ‘‘(I) evaluate the progress and impact of             cialization Officer’’;                                 review.
                                             the project; and                                          (2) in subsection (c)—                               SEC.   1806.    ENERGY TECHNOLOGY COMMER-
                                               ‘‘(II) assesses the degree to which the                 (A) in paragraph (1), by striking ‘‘sub-                            CIALIZATION FUND COST-SHARING.
                                             project is meeting the goals of the pilot pro-          section (d)’’ and inserting ‘‘subsection (b)’’;          Section 1001 of the Energy Policy Act of
                                             gram.                                                     (B) by redesignating paragraphs (1)                  2005 (42 U.S.C. 16391) is amended in sub-
                                               ‘‘(C) TECHNICAL AND POLICY ASSISTANCE.—               through (4) as clauses (i) through (iv), respec-       section (c) (as redesignated by section
                                             On the request of a grant recipient, the Sec-           tively, and indenting appropriately; and               1805(a)(4))—
                                             retary shall provide technical and policy as-             (C) by striking the subsection designation             (1) in the subsection heading, by inserting
                                             sistance.                                               and heading and all that follows through               ‘‘ENERGY’’ before ‘‘TECHNOLOGY’’; and
                                               ‘‘(D) BEST PRACTICES.—The Secretary shall             ‘‘The Coordinator’’ in the matter preceding              (2) by striking ‘‘matching funds with pri-
                                             make available to the public through the                clause (i) (as so redesignated) and inserting          vate partners’’ and inserting ‘‘, in accord-
                                             Internet and other means the Secretary con-             the following:                                         ance with the cost-sharing requirements
                                             siders to be appropriate—                                 ‘‘(D) DUTIES.—The Chief Commercializa-               under section 988, funds to private partners,
                                               ‘‘(i) a copy of each evaluation carried out           tion Officer’’;                                        including National Laboratories,’’.
                                             under subparagraph (B); and                               (3) by adding at the end of subsection (a)           SEC. 1807. STATE LOAN ELIGIBILITY.




dlhill on DSKBBY8HB2PROD with SENATE
                                               ‘‘(ii) a description of any best practices            (as amended by paragraph (2)(C)) the fol-                (a) DEFINITIONS.—Section 1701 of the En-
                                             identified by the Secretary as a result of              lowing:                                                ergy Policy Act of 2005 (42 U.S.C. 16511) is
                                             those evaluations.                                        ‘‘(5) COORDINATION.—In carrying out the              amended by adding at the end the following:
                                               ‘‘(E) REPORT TO CONGRESS.—The Secretary               mission and activities of the Office, the Chief          ‘‘(6) STATE.—The term ‘State’ has the
                                             shall submit to Congress a report containing            Commercialization Officer shall coordinate             meaning given the term in section 202 of the
                                             the results of each evaluation carried out              with the senior leadership of the Depart-              Energy Conservation and Production Act (42
                                             under subparagraph (B).                                 ment, other relevant program offices of the            U.S.C. 6802).




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                                             S1564                                               CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                               ‘‘(7)   STATE     ENERGY     FINANCING      INSTITU-       ‘‘(1) IN GENERAL.—In carrying’’; and                   (2) in subsection (o)(4)(B), by striking
                                             TION.—                                                       (2) by adding at the end the following:             ‘‘(c)(2)(D)’’ and inserting ‘‘(c)(2)(C)’’.
                                               ‘‘(A) IN GENERAL.—The term ‘State energy                   ‘‘(2) CONSIDERATION OF PRIOR GRANTS.—In             SEC. 1809. ADJUSTING STRATEGIC PETROLEUM
                                             financing institution’ means a quasi-inde-                awarding a grant under paragraph (1), the                          RESERVE MANDATED DRAWDOWNS.
                                             pendent entity or an entity within a State                Director shall take into account the satisfac-           (a) AMERICA’S WATER INFRASTRUCTURE ACT
                                             agency or financing authority established by              tory completion of any project carried out             OF 2018.—Section 3009(a)(1) of the America’s
                                             a State—                                                  by the entity applying for the grant using             Water Infrastructure Act of 2018 (42 U.S.C.
                                               ‘‘(i) to provide financing support or credit            any prior grant funds awarded to that entity           6241 note; Public Law 115–270) is amended by
                                             enhancements, including loan guarantees                   by the Director.’’.                                    striking ‘‘2028’’ and inserting ‘‘2030.’’
                                             and loan loss reserves, for eligible projects;               (d) REPORTS AND ROADMAPS.—Section                      (b) BIPARTISAN BUDGET ACT OF 2018.—Sec-
                                             and                                                       5012(h) of the America COMPETES Act (42                tion 30204(a)(1) of the Bipartisan Budget Act
                                               ‘‘(ii) to create liquid markets for eligible            U.S.C. 16538(h)) is amended—                           of 2018 (42 U.S.C. 6241 note; Public Law 115–
                                             projects,     including    warehousing       and             (1) in paragraph (1)—                               123) is amended—
                                             securitization, or take other steps to reduce                (A) by striking ‘‘describing projects’’ and            (1) in subparagraph (B), by striking ‘‘2026’’
                                             financial barriers to the deployment of exist-            inserting the following: ‘‘describing—                 and inserting ‘‘2029’’; and
                                             ing and new eligible projects.                               ‘‘(A) projects’’;                                      (2) in subparagraph (C), by striking ‘‘2027’’
                                               ‘‘(B) INCLUSION.—The term ‘State energy                    (B) in subparagraph (A) (as so designated),         and inserting ‘‘2030’’.
                                             financing institution’ includes an entity or              by striking the period at the end and insert-             (c) RECONCILIATION ON THE BUDGET FOR
                                             organization established to achieve the pur-              ing ‘‘, including projects that examine topics         2018.—Section 20003(a)(1) of Public Law 115–97
                                             poses described in clauses (i) and (ii) of sub-           and technologies closely relating to other             (42 U.S.C. 6241 note) is amended by striking
                                             paragraph (A) by an Indian Tribal entity or               activities funded by the Department;’’ and             ‘‘2026 through 2027’’ and inserting ‘‘2029
                                             an Alaska Native Corporation.’’.                             (C) by adding at the end the following:             through 2030.’’.
                                               (b) TERMS AND CONDITIONS.—Section 1702 of                  ‘‘(B) an analysis of whether the Director is        SEC. 1810. WESTERN AREA POWER ADMINISTRA-
                                             the Energy Policy Act of 2005 (42 U.S.C.                  in compliance with subsection (i)(1)(A) in                         TION PILOT PROJECT.
                                             16512) is amended—                                        supporting projects that examine the topics              (a) IN GENERAL.—Not later than 120 days
                                               (1) in subsection (a), by inserting ‘‘, includ-         and technologies described in subparagraph             after the date of enactment of this Act, the
                                             ing projects receiving financial support or               (A); and                                               Administrator of the Western Area Power
                                             credit enhancements from a State energy fi-                  ‘‘(C) current, proposed, and planned                Administration (referred to in this section as
                                             nancing institution,’’ after ‘‘for projects’’;            projects to be carried out pursuant to sub-            the ‘‘Administrator’’) shall—
                                               (2) in subsection (d)(1), by inserting ‘‘, in-          section (e)(3)(D).’’; and                                (1) establish a pilot project, as part of the
                                             cluding a guarantee for a project receiving                  (2) in paragraph (2)—                               continuous process improvement program
                                             financial support or credit enhancements                     (A) by striking ‘‘October 1, 2010, and Octo-        and to provide increased transparency for
                                             from a State energy financing institution,’’              ber 1, 2013’’ and inserting ‘‘October 1, 2021,         customers—
                                             after ‘‘No guarantee’’; and                               and every 4 years thereafter’’; and                      (A) to make available a database of infor-
                                               (3) by adding at the end the following:                    (B) by striking ‘‘3’’ and inserting ‘‘4’’.
                                               ‘‘(l) STATE ENERGY FINANCING INSTITU-                                                                          mation relating to the Western Area Power
                                                                                                          (e) COORDINATION AND NONDUPLICATION.—
                                             TIONS.—                                                                                                          Administration in accordance with para-
                                                                                                       Section 5012(i)(1) of the America COMPETES
                                               ‘‘(1) ELIGIBILITY.—To be eligible for a guar-                                                                  graph (2); and
                                                                                                       Act (42 U.S.C. 16538(i)(1)) is amended—
                                             antee under this title, a project receiving fi-                                                                    (B) to provide annual updates to the data-
                                                                                                          (1) by striking ‘‘that the activities’’ and in-
                                             nancial support or credit enhancements from                                                                      base in accordance with subsection (b); and
                                                                                                       serting the following: ‘‘that—
                                             a State energy financing institution—                                                                              (2) publish on a publicly available website
                                                                                                          ‘‘(A) the activities’’;
                                               ‘‘(A) shall meet the requirements of sec-                                                                      of the Western Area Power Administration, a
                                                                                                          (2) in subparagraph (A) (as so designated),
                                             tion 1703(a)(1); and                                                                                             database of the following information, begin-
                                                                                                       by striking the period at the end and insert-
                                               ‘‘(B) shall not be required to meet the re-                                                                    ning with fiscal year 2008, relating to the
                                                                                                       ing ‘‘; and’’; and
                                             quirements of section 1703(a)(2).                                                                                Western Area Power Administration:
                                                                                                          (3) by adding at the end the following:
                                               ‘‘(2) PARTNERSHIPS AUTHORIZED.—In car-                                                                           (A) By power system and in a consistent
                                                                                                          ‘‘(B) an award is not provided for a project
                                             rying out a project receiving a loan guar-                                                                       format, rates charged to customers for power
                                                                                                       unless the prospective award recipient dem-
                                             antee under this title, State energy financ-                                                                     and transmission service.
                                                                                                       onstrates that—
                                             ing institutions may enter into partnerships                                                                       (B) By power system, the amount of capac-
                                                                                                          ‘‘(i) the prospective award recipient has
                                             with private entities, Tribal entities, and                                                                      ity or energy sold.
                                                                                                       made a sufficient attempt to secure private
                                             Alaska Native corporations.                                                                                        (C) By region, an accounting, at the task
                                                                                                       financing, as determined by the Director; or
                                               ‘‘(3) PROHIBITION ON USE OF APPROPRIATED                                                                       level, budget activity level, organizational
                                                                                                          ‘‘(ii) the project is not independently com-
                                             FUNDS.—Amounts appropriated to the De-                                                                           code level, and object class level, of all ex-
                                                                                                       mercially viable.’’.
                                             partment before the date of enactment of                     (f) EVALUATION.—Section 5012(l) of the              penditures, including—
                                             this subsection shall not be available to be              America COMPETES Act (42 U.S.C. 16538(l))                (i) indirect costs, including overhead costs;
                                             used for the cost of loan guarantees made to              is amended—                                              (ii) direct charges and direct allocations;
                                             State energy financing institutions under                    (1) in paragraph (1), by striking ‘‘After’’           (iii) costs related to contract staff;
                                             this subsection.’’.                                       and all that follows through ‘‘years’’ and in-           (iv) costs related to independent consult-
                                             SEC. 1808. ARPA–E REAUTHORIZATION.                        serting ‘‘Not later than 3 years after the date        ants;
                                               (a) GOALS.—Section 5012(c) of the America               of enactment of the American Energy Inno-                (v) the number of full-time equivalents;
                                             COMPETES Act (42 U.S.C. 16538(c)) is amend-               vation Act of 2020’’; and                                (vi) charges to the region from the head-
                                             ed—                                                          (2) in paragraph (2)—                               quarters office of the Western Area Power
                                               (1) in paragraph (1), by striking subpara-                 (A) in the matter preceding subparagraph            Administration for all annual and capital
                                             graph (A) and inserting the following:                    (A), by striking ‘‘shall’’ and inserting               costs; and
                                               ‘‘(A) to enhance the economic and energy                ‘‘may’’; and                                             (vii) expenses incurred on behalf of other
                                             security of the United States through the de-                (B) in subparagraph (A), by striking ‘‘the          Federal agencies or programs or third par-
                                             velopment of energy technologies that—                    recommendation of the National Academy of              ties for the administration of programs not
                                               ‘‘(i) reduce imports of energy from foreign             Sciences’’ and inserting ‘‘a recommenda-               related to the marketing, transmission, or
                                             sources;                                                  tion’’.                                                wheeling of Federal hydropower resources
                                               ‘‘(ii) reduce energy-related emissions, in-                (g) AUTHORIZATION OF APPROPRIATIONS.—               within the Western Area Power Administra-
                                             cluding greenhouse gases;                                 Section 5012(o)(2) of the America COMPETES             tion marketing area, including—
                                               ‘‘(iii) improve the energy efficiency of all            Act (42 U.S.C. 16538(o)(2)) is amended—                  (I) indirect costs, including overhead costs;
                                             economic sectors; and                                        (1) in the matter preceding subparagraph              (II) direct charges and allocations;
                                               ‘‘(iv) improve the resilience, reliability,             (A), by striking ‘‘paragraphs (4) and (5)’’ and          (III) costs related to contract staff; and
                                             and security of infrastructure to produce, de-            inserting ‘‘paragraph (4)’’; and                         (IV) the number of full-time equivalents.
                                             liver, and store energy; and’’; and                          (2) by striking subparagraphs (A) through             (D) For the headquarters office of the
                                               (2) in paragraph (2), in the matter pre-                (E) and inserting the following:                       Western Area Power Administration, an ac-
                                             ceding subparagraph (A), by striking ‘‘en-                   ‘‘(A) $428,000,000 for fiscal year 2021;            counting, at the task level, budget activity
                                             ergy’’ and inserting ‘‘advanced’’.                           ‘‘(B) $497,000,000 for fiscal year 2022;            level, organizational code level, and object
                                               (b) RESPONSIBILITIES.—Section 5012(e)(3)(A)                ‘‘(C) $567,000,000 for fiscal year 2023;            class level, of all expenditures, including—
                                             of the America COMPETES Act (42 U.S.C.                       ‘‘(D) $651,000,000 for fiscal year 2024; and          (i) indirect costs, including overhead costs;




dlhill on DSKBBY8HB2PROD with SENATE
                                             16538(e)(3)(A)) is amended by striking ‘‘en-                 ‘‘(E) $750,000,000 for fiscal year 2025.’’.           (ii) direct charges and direct allocations;
                                             ergy’’.                                                      (h) TECHNICAL AMENDMENTS.—Section 5012                (iii) costs related to contract staff;
                                               (c) AWARDS.—Section 5012(f) of the America              of the America COMPETES Act (42 U.S.C.                   (iv) costs related to independent consult-
                                             COMPETES Act (42 U.S.C. 16538(f)) is amend-               16538) is amended—                                     ants;
                                             ed—                                                          (1) in subsection (g)(3)(A)(iii), by striking         (v) the number of full-time equivalents;
                                               (1) by striking ‘‘In carrying’’ and inserting           ‘‘subpart’’ each place it appears and insert-            (vi) a summary of any expenditures de-
                                             the following:                                            ing ‘‘subparagraph’’; and                              scribed in this paragraph, with the total




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1565
                                             amount paid by each region and power sys-                 ‘‘(A) DEFINITIONS.—In this paragraph:                   ‘‘(III) to support research by early career
                                             tem; and                                                  ‘‘(i) ELIGIBLE ENTITY.—The term ‘eligible            faculty; and
                                               (vii) expenses incurred on behalf of other            entity’ means an institution of higher edu-               ‘‘(IV) to improve research capabilities at
                                             Federal agencies or programs or third par-              cation located in an eligible jurisdiction.            eligible entities through biennial implemen-
                                             ties for the administration of programs not               ‘‘(ii) ELIGIBLE JURISDICTION.—The term ‘eli-         tation grants.
                                             related to the marketing, transmission, or              gible jurisdiction’ means a State that, as de-            ‘‘(iii) NO COST SHARING.—EPSCoR shall not
                                             wheeling of Federal hydropower resources                termined by the Secretary—                             impose any cost-sharing requirement with
                                             within the Western Area Power Administra-                 ‘‘(I)(aa) historically has received relatively       respect to a grant made under this subpara-
                                             tion marketing area, including—                         little Federal research and development                graph.
                                               (I) indirect costs, including overhead costs;         funding; and                                              ‘‘(E) OTHER ACTIVITIES.—EPSCoR may
                                               (II) direct charges and allocations;                    ‘‘(bb) has demonstrated a commitment—                carry out such activities as may be nec-
                                               (III) costs related to contract staff; and              ‘‘(AA) to develop the research bases in the          essary to meet the objectives described in
                                               (IV) the number of full-time equivalents.             State; and                                             subparagraph (C) in the areas of applied en-
                                               (E) Capital expenditures for each project,              ‘‘(BB) to improve science and engineering            ergy research, environmental management,
                                             including—                                              research and education programs at institu-            and basic science described in subparagraph
                                               (i) capital investments delineated by the             tions of higher education in the State; and            (D)(i).
                                             year in which each investment is placed into              ‘‘(II) is an eligible jurisdiction under the            ‘‘(F) PROGRAM IMPLEMENTATION.—
                                             service; and                                            criteria used by the Secretary to make                    ‘‘(i) IN GENERAL.—Not later than 270 days
                                               (ii) the sources of capital for each invest-          awards under this paragraph on the day be-             after the date of enactment of the American
                                             ment.                                                   fore the date of enactment of the American             Energy Innovation Act of 2020, the Secretary
                                               (b) ANNUAL SUMMARY.—                                  Energy Innovation Act of 2020.                         shall submit to the Committees on Energy
                                               (1) IN GENERAL.—Not later than 120 days                 ‘‘(iii) EPSCOR.—The term ‘EPSCoR’ means              and Natural Resources and Appropriations of
                                             after the end of each fiscal year in which the          the Established Program to Stimulate Com-              the Senate and the Committees on Energy
                                             pilot project is being carried out under this           petitive Research operated under subpara-              and Commerce and Appropriations of the
                                             section, the Administrator shall make avail-            graph (B).                                             House of Representatives a plan describing
                                             able on a publicly available website—                     ‘‘(iv) NATIONAL LABORATORY.—The term                 how the Secretary shall implement EPSCoR.
                                               (A) updates to documents made available               ‘National Laboratory’ has the meaning given               ‘‘(ii) CONTENTS OF PLAN.—The plan de-
                                             on the date of the initial publication of the           the term in section 2 of the Energy Policy             scribed in clause (i) shall include a descrip-
                                             information on the website under subsection             Act of 2005 (42 U.S.C. 15801).                         tion of—
                                             (a)(2);                                                   ‘‘(v) STATE.—The term ‘State’ means—                    ‘‘(I) the management structure of EPSCoR,
                                               (B) an identification of the annual changes             ‘‘(I) a State;                                       which shall ensure that all research areas
                                             in the information published on the website               ‘‘(II) the District of Columbia;                     and activities described in this paragraph are
                                             under subsection (a)(2);                                  ‘‘(III) the Commonwealth of Puerto Rico;             incorporated into EPSCoR;
                                               (C) the reasons for the changes identified              ‘‘(IV) Guam;                                            ‘‘(II) efforts to conduct outreach to inform
                                             under subparagraph (B);                                   ‘‘(V) the United States Virgin Islands;              eligible entities and faculty of changes to,
                                               (D) subject to paragraph (2), the total                 ‘‘(VI) American Samoa; and                           and opportunities under, EPSCoR;
                                             amount of the unobligated balances retained               ‘‘(VII) the Commonwealth of the Northern                ‘‘(III) how EPSCoR plans to increase en-
                                             by the Western Area Power Administration                Mariana Islands.                                       gagement with eligible entities, faculty, and
                                             at the end of the prior fiscal year within                ‘‘(B) PROGRAM OPERATION.—The Secretary               State committees, including by holding reg-
                                             each project and headquarters by—                       shall operate an Established Program to                ular workshops, to increase participation in
                                               (i) purpose or function;                              Stimulate Competitive Research.                        EPSCoR; and
                                               (ii) source of funding;                                 ‘‘(C)    OBJECTIVES.—The       objectives   of          ‘‘(IV) any other issues relating to EPSCoR
                                               (iii) anticipated program allotment; and              EPSCoR shall be—                                       that the Secretary determines appropriate.
                                                                                                       ‘‘(i) to increase the number of researchers             ‘‘(G) PROGRAM EVALUATION.—
                                               (iv) underlying authority for each source of
                                                                                                     at institutions of higher education in eligi-             ‘‘(i) IN GENERAL.—Not later than 5 years
                                             funding; and
                                                                                                     ble jurisdictions capable of performing na-            after the date of enactment of the American
                                               (E) the anticipated level of unobligated
                                                                                                     tionally competitive science and engineering           Energy Innovation Act of 2020, the Secretary
                                             balances that the Western Area Power Ad-
                                                                                                     research in support of the mission of the De-          shall contract with a federally funded re-
                                             ministration expects to retain at the end of
                                                                                                     partment of Energy in the areas of applied             search and development center, the National
                                             the fiscal year in which the annual summary
                                                                                                     energy research, environmental manage-                 Academy of Sciences, or a similar organiza-
                                             is published, as delineated by each of the cat-
                                                                                                     ment, and basic science;                               tion to carry out an assessment of the effec-
                                             egories described in clauses (i) through (iv)
                                                                                                       ‘‘(ii) to enhance the capabilities of institu-       tiveness of EPSCoR, including an assessment
                                             of subparagraph (D).
                                                                                                     tions of higher education in eligible jurisdic-        of—
                                               (2) LIMITATION.—Amounts in the Upper Col-             tions to develop, plan, and execute research
                                             orado River Basin Fund established by sec-                                                                        ‘‘(I) the tangible progress made towards
                                                                                                     that is competitive in the peer-review proc-           achieving the objectives described in sub-
                                             tion 5(a) of the Act of April 11, 1956 (com-            ess; and
                                             monly known as the ‘‘Colorado River Stor-                                                                      paragraph (C);
                                                                                                       ‘‘(iii) to increase the probability of long-            ‘‘(II) the impact of research supported by
                                             age Project Act’’) (43 U.S.C. 620d(a)), shall           term growth of competitive funding to insti-
                                             not be considered to be an unobligated bal-                                                                    EPSCoR on the mission of the Department of
                                                                                                     tutions of higher education in eligible juris-         Energy; and
                                             ance retained by the Western Area Power                 dictions.
                                             Administration for purposes of paragraph                                                                          ‘‘(III) any other issues relating to EPSCoR
                                                                                                       ‘‘(D) GRANTS IN AREAS OF APPLIED ENERGY              that the Secretary determines appropriate.
                                             (1)(D).                                                 RESEARCH, ENVIRONMENTAL MANAGEMENT, AND
                                               (c) TERMINATION.—The pilot project under                                                                        ‘‘(ii) LIMITATION.—The organization with
                                                                                                     BASIC SCIENCE.—                                        which the Secretary contracts under clause
                                             this section shall terminate on the date that
                                                                                                       ‘‘(i) IN GENERAL.—EPSCoR shall make                  (i) shall not be a National Laboratory.
                                             is 7 years after the date of enactment of this
                                                                                                     grants to eligible entities to carry out and              ‘‘(iii) REPORT.—Not later than 6 years after
                                             Act.
                                                                                                     support applied energy research and research           the date of enactment of the American En-
                                             SEC. 1811. TIMING FOR DISTRIBUTION OF FINAN-
                                                          CIAL  ASSISTANCE   UNDER    THE
                                                                                                     in all areas of environmental management               ergy Innovation Act of 2020, the Secretary
                                                          STATE ENERGY PROGRAM.                      and basic science sponsored by the Depart-             shall submit to the Committees on Energy
                                               Section 363 of the Energy Policy and Con-             ment of Energy, including—                             and Natural Resources and Appropriations of
                                             servation Act (42 U.S.C. 6323) is amended by              ‘‘(I) energy efficiency, fossil energy, renew-       the Senate and the Committees on Energy
                                             adding at the end the following:                        able energy, and other applied energy re-              and Commerce and Appropriations of the
                                               ‘‘(g) TIMING FOR DISTRIBUTION OF FINANCIAL            search;                                                House of Representatives a report describing
                                             ASSISTANCE.—Notwithstanding any other                     ‘‘(II) electricity delivery research;                the results of the assessment carried out
                                             provision of law (including regulations), not             ‘‘(III) cybersecurity, energy security, and          under clause (i), including recommendations
                                             later than 60 days after the date on which              emergency response;                                    for improvements that would enable the Sec-
                                             funds have been made available to provide fi-             ‘‘(IV) environmental management; and                 retary to achieve the objectives described in
                                             nancial assistance under this section, the                ‘‘(V) basic science research.                        subparagraph (C).’’.
                                             Secretary shall distribute to the applicable              ‘‘(ii) ACTIVITIES.—EPSCOR may make                   SEC. 1813. BAKKEN AND THREE FORKS NATURAL
                                             State the full amount of assistance to be               grants under this subparagraph for any ac-                         GAS LIQUIDS REPORT.
                                             provided to the State under this section for            tivities consistent with the objectives de-              (a) IN GENERAL.—As soon as practicable
                                             the fiscal year.’’.                                     scribed in subparagraph (C) in the areas of            after the date of enactment of this Act, the




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                                             SEC. 1812. ESTABLISHED PROGRAM TO STIMU-                applied energy research, environmental man-            Secretary shall submit to the appropriate
                                                         LATE COMPETITIVE RESEARCH.                  agement, and basic science described in                committees of Congress a report that as-
                                               Section 2203(b) of the Energy Policy Act of           clause (i), including—                                 sesses the feasibility of establishing a stor-
                                             1992 (42 U.S.C. 13503(b)) is amended by strik-            ‘‘(I) to support research at eligible entities       age and distribution hub for natural gas liq-
                                             ing paragraph (3) and inserting the following:          that is carried out in partnership with the            uids or any natural gas liquids component
                                               ‘‘(3) ESTABLISHED PROGRAM TO STIMULATE                National Laboratories;                                 (including propane) in the vicinity of the
                                             COMPETITIVE RESEARCH.—                                    ‘‘(II) to provide for graduate traineeships;         Bakken and Three Forks shale plays in order




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                                             S1566                                             CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                             to address supply chain constraints in the                (D) the process for participants to register           (F) the Commonwealth of the Northern
                                             Midwest and other opportunities as a result             for the competition;                                   Mariana Islands; and
                                             of the increased production of natural gas                (E) the amount of the prize; and                       (G) the United States Virgin Islands.
                                             liquids from shale developments.                          (F) the criteria for awarding the prize.               (b) POLICY.—
                                               (b) COMPONENTS.—The report submitted                    (g) JUDGES.—                                           (1) IN GENERAL.—Section 3 of the National
                                             under subsection (a) shall include, with re-              (1) IN GENERAL.—For each prize competi-              Materials and Minerals Policy, Research and
                                             spect to the proposed storage and distribu-             tion under the program, the Secretary shall            Development Act of 1980 (30 U.S.C. 1602) is
                                             tion hub, an examination of—                            assemble a panel of qualified judges to select         amended in the second sentence—
                                               (1) potential locations;                              the winner or winners of the competition on              (A) by striking paragraph (3) and inserting
                                               (2) economic feasibility;                             the basis of the criteria established under            the following:
                                               (3) geologic and aboveground storage capa-            subsection (e).                                          ‘‘(3) establish an analytical and forecasting
                                             bilities;                                                 (2) SELECTION.—The judges for each com-              capability for identifying critical mineral
                                               (4) infrastructure needs; and                         petition shall include appropriate members             demand, supply, and other factors to allow
                                               (5) any economic benefits or benefits to en-          of private industry involved in the commer-            informed actions to be taken to avoid supply
                                             ergy security.                                          cial production and deployment of wind                 shortages, mitigate price volatility, and pre-
                                             SEC. 1814. WIND BLADE RECYCLING PRIZE COM-              blades.                                                pare for demand growth and other market
                                                         PETITION.                                     (3) CONFLICTS.—An individual may not                 shifts;’’;
                                               (a) IN GENERAL.—The Secretary shall es-               serve as a judge in a prize competition under            (B) in paragraph (6), by striking ‘‘and’’
                                             tablish an award program, to be known as                the program if the individual, the spouse of           after the semicolon at the end; and
                                             the ‘‘Wind Blade Recycling Prize Competi-               the individual, any child of the individual, or          (C) by striking paragraph (7) and inserting
                                             tion’’ (referred to in this section as the ‘‘pro-       any other member of the household of the in-           the following:
                                             gram’’), under which the Secretary shall                                                                         ‘‘(7) facilitate the availability, develop-
                                                                                                     dividual—
                                             carry out prize competitions and make                                                                          ment, and environmentally responsible pro-
                                                                                                       (A) has a personal or financial interest in,
                                             awards to advance the recycling of wind                                                                        duction of domestic resources to meet na-
                                                                                                     or is an employee, officer, director, or agent
                                             blade materials.                                                                                               tional material or critical mineral needs;
                                               (b) FREQUENCY.—To the maximum extent                  of, any entity that is a registered participant
                                                                                                     in the prize competition for which the indi-             ‘‘(8) avoid duplication of effort, prevent un-
                                             practicable, the Secretary shall carry out a                                                                   necessary paperwork, and minimize delays in
                                             competition under the program not less fre-             vidual will serve as a judge; or
                                                                                                       (B) has a familial or financial relationship         the administration of applicable laws (in-
                                             quently than once every calendar year.                                                                         cluding regulations) and the issuance of per-
                                               (c) ELIGIBILITY.—                                     with a registered participant in the prize
                                                                                                     competition for which the individual will              mits and authorizations necessary to explore
                                               (1) IN GENERAL.—To be eligible to win a                                                                      for, develop, and produce critical minerals
                                             prize under the program, an individual or en-           serve as a judge.
                                                                                                       (h) REPORT TO CONGRESS.—Not later than               and to construct critical mineral manufac-
                                             tity—                                                                                                          turing facilities in accordance with applica-
                                               (A) shall have complied with the require-             60 days after the date on which the first prize
                                                                                                     is awarded under the program, and annually             ble environmental and land management
                                             ments of the competition as described in the                                                                   laws;
                                             announcement for that competition pub-                  thereafter, the Secretary shall submit to
                                                                                                     Congress a report that—                                  ‘‘(9) strengthen—
                                             lished in the Federal Register by the Sec-                                                                       ‘‘(A) educational and research capabilities
                                             retary under subsection (f);                              (1) identifies each award recipient;
                                                                                                       (2) describes the advanced methods or tech-          at not lower than the secondary school level;
                                               (B) in the case of a private entity, shall be
                                                                                                     nologies developed by each award recipient;            and
                                             incorporated in the United States and main-
                                                                                                     and                                                      ‘‘(B) workforce training for exploration
                                             tain a primary place of business in the
                                                                                                       (3) specifies actions being taken by the De-         and development of critical minerals and
                                             United States; and
                                                                                                     partment toward commercial application of              critical mineral manufacturing;
                                               (C) in the case of an individual, whether
                                                                                                     all methods or technologies with respect to              ‘‘(10) bolster international cooperation
                                             participating singly or in a group, shall be a
                                                                                                     which a prize has been awarded under the               through technology transfer, information
                                             citizen of, or an alien lawfully admitted for
                                                                                                     program.                                               sharing, and other means;
                                             permanent residence in, the United States.
                                                                                                       (i) ANTI-DEFICIENCY ACT.—The Secretary                 ‘‘(11) promote the efficient production, use,
                                               (2) EXCLUSIONS.—The following entities and
                                                                                                     shall carry out the program in accordance              and recycling of critical minerals;
                                             individuals shall not be eligible to win a
                                             prize under the program:                                with section 1341 of title 31, United States             ‘‘(12) develop alternatives to critical min-
                                               (A) A Federal entity.                                 Code (commonly referred to as the ‘‘Anti-De-           erals; and
                                               (B) A Federal employee (including an em-              ficiency Act’’).                                         ‘‘(13) establish contingencies for the pro-
                                             ployee of a National Laboratory) acting                   (j) AUTHORIZATION OF APPROPRIATIONS.—                duction of, or access to, critical minerals for
                                             within the scope of employment.                         There is authorized to be appropriated to              which viable sources do not exist within the
                                               (d) AWARDS.—In carrying out the program,              carry out this section $2,000,000, to remain           United States.’’.
                                             the Secretary shall award cash prizes, in               available until expended.                                (2) CONFORMING AMENDMENT.—Section 2(b)
                                             amounts to be determined by the Secretary,                  TITLE II—SUPPLY CHAIN SECURITY                     of the National Materials and Minerals Pol-
                                             to each individual or entity selected through                                                                  icy, Research and Development Act of 1980
                                                                                                              Subtitle A—Mineral Security                   (30 U.S.C. 1601(b)) is amended by striking ‘‘(b)
                                             a competitive process to develop methods or
                                                                                                     SEC. 2101. MINERAL SECURITY.                           As used in this Act, the term’’ and inserting
                                             technologies to recycle or reuse wind blade
                                             materials from domestic wind energy facili-               (a) DEFINITIONS.—In this section:                    the following:
                                             ties.                                                     (1) BYPRODUCT.—The term ‘‘byproduct’’                  ‘‘(b) DEFINITIONS.—In this Act:
                                               (e) CRITERIA.—                                        means a critical mineral—                                ‘‘(1) CRITICAL MINERAL.—The term ‘critical
                                               (1) IN GENERAL.—The Secretary shall estab-              (A) the recovery of which depends on the             mineral’ means any mineral, element, sub-
                                             lish objective, merit-based criteria for                production of a host mineral that is not des-          stance, or material designated as critical by
                                             awarding the prizes in each competition car-            ignated as a critical mineral; and                     the Secretary under section 2101(c) of the
                                             ried out under the program.                               (B) that exists in sufficient quantities to          American Energy Innovation Act of 2020.
                                               (2) REQUIREMENTS.—The criteria estab-                 be recovered during processing or refining.              ‘‘(2) MATERIALS.—The term’’.
                                             lished under paragraph (1) shall prioritize ad-           (2) CRITICAL MINERAL.—                                 (c) CRITICAL MINERAL DESIGNATIONS.—
                                             vancements in methods or technologies that                (A) IN GENERAL.—The term ‘‘critical min-               (1) DRAFT METHODOLOGY AND LIST.—The
                                             present the greatest potential for large-scale          eral’’ means any mineral, element, sub-                Secretary, acting through the Director of
                                             commercial deployment.                                  stance, or material designated as critical by          the United States Geological Survey (re-
                                               (3) CONSULTATION.—In establishing criteria            the Secretary under subsection (c).                    ferred to in this subsection as the ‘‘Sec-
                                             under paragraph (1), the Secretary shall con-             (B) EXCLUSIONS.—The term ‘‘critical min-             retary’’), shall publish in the Federal Reg-
                                             sult with appropriate members of private in-            eral’’ does not include—                               ister for public comment—
                                             dustry involved in the commercial deploy-                 (i) fuel minerals, including oil, natural gas,         (A) a description of the draft methodology
                                             ment of wind energy facilities.                         or any other fossil fuels; or                          used to identify a draft list of critical min-
                                               (f) ADVERTISING AND SOLICITATION OF COM-                (ii) water, ice, or snow.                            erals;
                                             PETITORS.—                                                (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’            (B) a draft list of minerals, elements, sub-
                                               (1) IN GENERAL.—The Secretary shall an-               has the meaning given the term in section 4            stances, and materials that qualify as crit-
                                             nounce each prize competition under the pro-            of the Indian Self-Determination and Edu-              ical minerals; and
                                             gram by publishing a notice in the Federal              cation Assistance Act (25 U.S.C. 5304).                  (C) a draft list of critical minerals recov-
                                             Register.                                                 (4) SECRETARY.—The term ‘‘Secretary’’                ered as byproducts.




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                                               (2) REQUIREMENTS.—Each notice published               means the Secretary of the Interior.                     (2) AVAILABILITY OF DATA.—If available
                                             under paragraph (1) shall describe the essen-             (5) STATE.—The term ‘‘State’’ means—                 data is insufficient to provide a quantitative
                                             tial elements of the competition, such as—                (A) a State;                                         basis for the methodology developed under
                                               (A) the subject of the competition;                     (B) the District of Columbia;                        this subsection, qualitative evidence may be
                                               (B) the duration of the competition;                    (C) the Commonwealth of Puerto Rico;                 used to the extent necessary.
                                               (C) the eligibility requirements for partici-           (D) Guam;                                              (3) FINAL METHODOLOGY AND LIST.—After
                                             pation in the competition;                                (E) American Samoa;                                  reviewing public comments on the draft




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1567
                                             methodology and the draft lists published               the Secretary, shall complete a comprehen-               (A) critical minerals are fundamental to
                                             under paragraph (1) and updating the meth-              sive national assessment of each critical              the economy, competitiveness, and security
                                             odology and lists as appropriate, not later             mineral that—                                          of the United States;
                                             than 45 days after the date on which the pub-             (A) identifies and quantifies known critical           (B) to the maximum extent practicable,
                                             lic comment period with respect to the draft            mineral resources, using all available public          the critical mineral needs of the United
                                             methodology and draft lists closes, the Sec-            and private information and datasets, in-              States should be satisfied by minerals re-
                                             retary shall publish in the Federal Reg-                cluding exploration histories; and                     sponsibly produced and recycled in the
                                             ister—                                                    (B) provides a quantitative and qualitative          United States; and
                                               (A) a description of the final methodology            assessment of undiscovered critical mineral              (C) the Federal permitting process has
                                             for determining which minerals, elements,               resources throughout the United States, in-            been identified as an impediment to mineral
                                             substances, and materials qualify as critical           cluding probability estimates of tonnage and           production and the mineral security of the
                                             minerals;                                               grade, using all available public and private          United States.
                                               (B) the final list of critical minerals; and          information and datasets, including explo-               (2) PERFORMANCE IMPROVEMENTS.—To im-
                                               (C) the final list of critical minerals recov-        ration histories.                                      prove the quality and timeliness of decisions,
                                             ered as byproducts.                                       (2) SUPPLEMENTARY INFORMATION.—In car-               the Secretary (acting through the Director
                                               (4) DESIGNATIONS.—                                    rying out this subsection, the Secretary may           of the Bureau of Land Management) and the
                                               (A) IN GENERAL.—For purposes of carrying              carry out surveys and field work (including            Secretary of Agriculture (acting through the
                                             out this subsection, the Secretary shall                drilling, remote sensing, geophysical sur-             Chief of the Forest Service) (referred to in
                                             maintain a list of minerals, elements, sub-             veys, topographical and geological mapping,
                                                                                                                                                            this subsection as the ‘‘Secretaries’’) shall,
                                             stances, and materials designated as critical,          and geochemical sampling and analysis) to
                                                                                                                                                            to the maximum extent practicable, with re-
                                             pursuant to the final methodology published             supplement       existing   information     and
                                                                                                                                                            spect to critical mineral production on Fed-
                                             under paragraph (3), that the Secretary de-             datasets available for determining the exist-
                                                                                                                                                            eral land, complete Federal permitting and
                                             termines—                                               ence of critical minerals in the United
                                                                                                                                                            review processes with maximum efficiency
                                               (i) are essential to the economic or na-              States.
                                                                                                                                                            and effectiveness, while supporting vital eco-
                                             tional security of the United States;                     (3) PUBLIC ACCESS.—Subject to applicable
                                                                                                                                                            nomic growth, by—
                                               (ii) the supply chain of which is vulnerable          law, to the maximum extent practicable, the
                                             to disruption (including restrictions associ-           Secretary shall make all data and metadata               (A) establishing and adhering to timelines
                                             ated with foreign political risk, abrupt de-            collected from the comprehensive national              and schedules for the consideration of, and
                                             mand growth, military conflict, violent un-             assessment carried out under paragraph (1)             final decisions regarding, applications, oper-
                                             rest, anti-competitive or protectionist be-             publically and electronically accessible.              ating plans, leases, licenses, permits, and
                                             haviors, and other risks throughout the sup-              (4) TECHNICAL ASSISTANCE.—At the request             other use authorizations for mineral-related
                                             ply chain); and                                         of the Governor of a State or the head of an           activities on Federal land;
                                               (iii) serve an essential function in the man-         Indian tribe, the Secretary may provide                  (B) establishing clear, quantifiable, and
                                             ufacturing of a product (including energy               technical assistance to State governments              temporal permitting performance goals and
                                             technology-, defense-, currency-, agriculture-          and Indian tribes conducting critical mineral          tracking progress against those goals;
                                             , consumer electronics-, and health care-re-            resource assessments on non-Federal land.                (C) engaging in early collaboration among
                                             lated applications), the absence of which                 (5) PRIORITIZATION.—                                 agencies, project sponsors, and affected
                                             would have significant consequences for the               (A) IN GENERAL.—The Secretary may se-                stakeholders—
                                             economic or national security of the United             quence the completion of resource assess-                (i) to incorporate and address the interests
                                             States.                                                 ments for each critical mineral such that              of those parties; and
                                               (B) INCLUSIONS.—Notwithstanding the cri-              critical minerals considered to be most crit-            (ii) to minimize delays;
                                             teria under paragraph (3), the Secretary may            ical under the methodology established                   (D) ensuring transparency and account-
                                             designate and include on the list any min-              under subsection (c) are completed first.              ability by using cost-effective information
                                             eral, element, substance, or material deter-              (B) REPORTING.—During the period begin-              technology to collect and disseminate infor-
                                             mined by another Federal agency to be stra-             ning not later than 1 year after the date of           mation regarding individual projects and
                                             tegic and critical to the defense or national           enactment of this Act and ending on the date           agency performance;
                                             security of the United States.                          of completion of all of the assessments re-              (E) engaging in early and active consulta-
                                               (C) REQUIRED CONSULTATION.—The Sec-                   quired under this subsection, the Secretary            tion with State, local, and Indian tribal gov-
                                             retary shall consult with the Secretaries of            shall submit to Congress on an annual basis            ernments to avoid conflicts or duplication of
                                             Defense, Commerce, Agriculture, and Energy              an interim report that—                                effort, resolve concerns, and allow for con-
                                             and the United States Trade Representative                (i) identifies the sequence and schedule for         current, rather than sequential, reviews;
                                             in designating minerals, elements, sub-                 completion of the assessments if the Sec-                (F) providing demonstrable improvements
                                             stances, and materials as critical under this           retary sequences the assessments; or                   in the performance of Federal permitting
                                             paragraph.                                                (ii) describes the progress of the assess-           and review processes, including lower costs
                                               (5) SUBSEQUENT REVIEW.—                               ments if the Secretary does not sequence the           and more timely decisions;
                                               (A) IN GENERAL.—The Secretary, in con-                assessments.                                             (G) expanding and institutionalizing per-
                                             sultation with the Secretaries of Defense,                (6) UPDATES.—The Secretary may periodi-              mitting and review process improvements
                                             Commerce, Agriculture, and Energy and the               cally update the assessments conducted                 that have proven effective;
                                             United States Trade Representative, shall               under this subsection based on—                          (H) developing mechanisms to better com-
                                             review the methodology and list under para-               (A) the generation of new information or             municate priorities and resolve disputes
                                             graph (3) and the designations under para-              datasets by the Federal Government; or                 among agencies at the national, regional,
                                             graph (4) at least every 3 years, or more fre-            (B) the receipt of new information or                State, and local levels; and
                                             quently as the Secretary considers to be ap-            datasets from critical mineral producers,                (I) developing other practices, such as
                                             propriate.                                              State geological surveys, academic institu-            preapplication procedures.
                                               (B) REVISIONS.—Subject to paragraph                   tions, trade associations, or other persons.             (3) REVIEW AND REPORT.—Not later than 1
                                             (4)(A), the Secretary may—                                (7) ADDITIONAL SURVEYS.—The Secretary                year after the date of enactment of this Act,
                                               (i) revise the methodology described in this          shall complete a resource assessment for               the Secretaries shall submit to Congress a
                                             subsection;                                             each additional mineral or element subse-              report that—
                                               (ii) determine that minerals, elements,               quently designated as a critical mineral                 (A) identifies additional measures (includ-
                                             substances, and materials previously deter-             under subsection (c)(5)(B) not later than 2            ing regulatory and legislative proposals, as
                                             mined to be critical minerals are no longer             years after the designation of the mineral or          appropriate) that would increase the timeli-
                                             critical minerals; and                                  element.                                               ness of permitting activities for the explo-
                                               (iii) designate additional minerals, ele-               (8) REPORT.—Not later than 2 years after             ration and development of domestic critical
                                             ments, substances, or materials as critical             the date of enactment of this Act, the Sec-            minerals;
                                             minerals.                                               retary shall submit to Congress a report de-             (B) identifies options (including cost recov-
                                               (6) NOTICE.—On finalization of the method-            scribing the status of geological surveying of         ery paid by permit applicants) for ensuring
                                             ology and the list under paragraph (3), or any          Federal land for any mineral commodity—                adequate staffing and training of Federal en-
                                             revision to the methodology or list under                 (A) for which the United States was de-              tities and personnel responsible for the con-
                                             paragraph (5), the Secretary shall submit to            pendent on a foreign country for more than             sideration of applications, operating plans,
                                             Congress written notice of the action.                  25 percent of the United States supply, as de-         leases, licenses, permits, and other use au-
                                               (d) RESOURCE ASSESSMENT.—                             picted in the report issued by the United              thorizations for critical mineral-related ac-




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                                               (1) IN GENERAL.—Not later than 4 years                States Geological Survey entitled ‘‘Mineral            tivities on Federal land;
                                             after the date of enactment of this Act, in             Commodity Summaries 2020’’; but                          (C) quantifies the amount of time typically
                                             consultation with applicable State (includ-               (B) that is not designated as a critical min-        required (including range derived from min-
                                             ing geological surveys), local, academic, in-           eral under subsection (c).                             imum and maximum durations, mean, me-
                                             dustry, and other entities, the Secretary                 (e) PERMITTING.—                                     dian, variance, and other statistical meas-
                                             (acting through the Director of the United                (1) SENSE OF CONGRESS.—It is the sense of            ures or representations) to complete each
                                             States Geological Survey) or a designee of              Congress that—                                         step (including those aspects outside the




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                                             S1568                                             CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                             control of the executive branch, such as judi-          agency responsible for issuing the critical              (1) CAPABILITIES.—In order to evaluate ex-
                                             cial review, applicant decisions, or State and          mineral exploration or mine permit.                    isting critical mineral policies and inform
                                             local government involvement) associated                  (3) TRANSMISSION.—All Federal Register               future actions that may be taken to avoid
                                             with the development and processing of ap-              notices regarding official document avail-             supply shortages, mitigate price volatility,
                                             plications, operating plans, leases, licenses,          ability, announcements of meetings, or no-             and prepare for demand growth and other
                                             permits, and other use authorizations for               tices of intent to undertake an action shall           market shifts, the Secretary (acting through
                                             critical mineral-related activities on Federal          be originated in, and transmitted to the Fed-          the Director of the United States Geological
                                             land, which shall serve as a baseline for the           eral Register from, the office in which, as ap-        Survey) or a designee of the Secretary, in
                                             performance metric under paragraph (4); and             plicable—                                              consultation with the Energy Information
                                               (D) describes actions carried out pursuant              (A) the documents or meetings are held; or           Administration, academic institutions, and
                                             to paragraph (2).                                         (B) the activity is initiated.                       others in order to maximize the application
                                               (4) PERFORMANCE METRIC.—Not later than                  (g) RECYCLING, EFFICIENCY, AND ALTER-                of existing competencies related to devel-
                                             90 days after the date of submission of the             NATIVES.—                                              oping and maintaining computer-models and
                                             report under paragraph (3), the Secretaries,              (1) ESTABLISHMENT.—The Secretary of En-              similar analytical tools, shall conduct and
                                             after providing public notice and an oppor-             ergy (referred to in this subsection as the            publish the results of an annual report that
                                             tunity to comment, shall develop and pub-               ‘‘Secretary’’) shall conduct a program of re-          includes—
                                             lish a performance metric for evaluating the            search and development—                                  (A) as part of the annually published Min-
                                             progress made by the executive branch to ex-              (A) to promote the efficient production,             eral Commodity Summaries from the United
                                             pedite the permitting of activities that will           use, and recycling of critical minerals                States Geological Survey, a comprehensive
                                             increase exploration for, and development of,           throughout the supply chain; and                       review of critical mineral production, con-
                                             domestic critical minerals, while maintain-               (B) to develop alternatives to critical min-         sumption, and recycling patterns, includ-
                                             ing environmental standards.                            erals that do not occur in significant abun-           ing—
                                               (5) ANNUAL REPORTS.—Beginning with the                dance in the United States.                              (i) the quantity of each critical mineral do-
                                             first budget submission by the President                  (2) COOPERATION.—In carrying out the pro-            mestically produced during the preceding
                                             under section 1105 of title 31, United States           gram, the Secretary shall cooperate with ap-           year;
                                             Code, after publication of the performance              propriate—                                               (ii) the quantity of each critical mineral
                                             metric required under paragraph (4), and an-                                                                   domestically consumed during the preceding
                                                                                                       (A) Federal agencies and National Labora-
                                             nually thereafter, the Secretaries shall sub-                                                                  year;
                                                                                                     tories;
                                             mit to Congress a report that—                                                                                   (iii) market price data or other price data
                                                                                                       (B) critical mineral producers;
                                               (A) summarizes the implementation of rec-                                                                    for each critical mineral;
                                                                                                       (C) critical mineral processors;
                                             ommendations, measures, and options identi-                                                                      (iv) an assessment of—
                                                                                                       (D) critical mineral manufacturers;
                                             fied in subparagraphs (A) and (B) of para-                                                                       (I) critical mineral requirements to meet
                                                                                                       (E) trade associations;
                                             graph (3);                                                                                                     the national security, energy, economic, in-
                                                                                                       (F) academic institutions;
                                               (B) using the performance metric under                                                                       dustrial, technological, and other needs of
                                                                                                       (G) small businesses; and
                                             paragraph (4), describes progress made by the                                                                  the United States during the preceding year;
                                                                                                       (H) other relevant entities or individuals.
                                             executive branch, as compared to the base-                                                                       (II) the reliance of the United States on
                                                                                                       (3) ACTIVITIES.—Under the program, the               foreign sources to meet those needs during
                                             line established pursuant to paragraph (3)(C),          Secretary shall carry out activities that in-          the preceding year; and
                                             on expediting the permitting of activities              clude the identification and development                 (III) the implications of any supply short-
                                             that will increase exploration for, and devel-          of—                                                    ages, restrictions, or disruptions during the
                                             opment of, domestic critical minerals; and                (A) advanced critical mineral extraction,            preceding year;
                                               (C) compares the United States to other               production, separation, alloying, or proc-               (v) the quantity of each critical mineral
                                             countries in terms of permitting efficiency             essing technologies that decrease the energy           domestically recycled during the preceding
                                             and any other criteria relevant to the glob-            consumption, environmental impact, and                 year;
                                             ally competitive critical minerals industry.            costs of those activities, including—                    (vi) the market penetration during the pre-
                                               (6) INDIVIDUAL PROJECTS.—Using data from                (i) efficient water and wastewater manage-           ceding year of alternatives to each critical
                                             the Secretaries generated under paragraph               ment strategies;                                       mineral;
                                             (5), the Director of the Office of Management             (ii) technologies and management strate-               (vii) a discussion of international trends
                                             and Budget shall prioritize inclusion of indi-          gies to control the environmental impacts of           associated with the discovery, production,
                                             vidual critical mineral projects on the                 radionuclides in ore tailings;                         consumption, use, costs of production,
                                             website operated by the Office of Manage-                 (iii) technologies for separation and proc-          prices, and recycling of each critical mineral
                                             ment and Budget in accordance with section              essing; and                                            as well as the development of alternatives to
                                             1122 of title 31, United States Code.                     (iv) technologies for increasing the recov-          critical minerals; and
                                               (7) REPORT OF SMALL BUSINESS ADMINISTRA-              ery rates of byproducts from host metal ores;            (viii) such other data, analyses, and eval-
                                             TION.—Not later than 1 year and 300 days                  (B) technologies or process improvements             uations as the Secretary finds are necessary
                                             after the date of enactment of this Act, the            that minimize the use, or lead to more effi-           to achieve the purposes of this subsection;
                                             Administrator of the Small Business Admin-              cient use, of critical minerals across the full        and
                                             istration shall submit to the applicable com-           supply chain;                                            (B) a comprehensive forecast, entitled the
                                             mittees of Congress a report that assesses                (C) technologies, process improvements, or           ‘‘Annual Critical Minerals Outlook’’, of pro-
                                             the performance of Federal agencies with re-            design optimizations that facilitate the recy-         jected critical mineral production, consump-
                                             spect to—                                               cling of critical minerals, and options for im-        tion, and recycling patterns, including—
                                               (A) complying with chapter 6 of title 5,              proving the rates of collection of products              (i) the quantity of each critical mineral
                                             United States Code (commonly known as the               and scrap containing critical minerals from            projected to be domestically produced over
                                             ‘‘Regulatory Flexibility Act’’), in promul-             post-consumer, industrial, or other waste              the subsequent 1-year, 5-year, and 10-year pe-
                                             gating regulations applicable to the critical           streams;                                               riods;
                                             minerals industry; and                                    (D) commercial markets, advanced storage               (ii) the quantity of each critical mineral
                                               (B) performing an analysis of regulations             methods, energy applications, and other ben-           projected to be domestically consumed over
                                             applicable to the critical minerals industry            eficial uses of critical minerals processing           the subsequent 1-year, 5-year, and 10-year pe-
                                             that may be outmoded, inefficient, duplica-             byproducts;                                            riods;
                                             tive, or excessively burdensome.                          (E) alternative minerals, metals, and ma-              (iii) an assessment of—
                                               (f) FEDERAL REGISTER PROCESS.—                        terials, particularly those available in abun-           (I) critical mineral requirements to meet
                                               (1) DEPARTMENTAL REVIEW.—Absent any ex-               dance within the United States and not sub-            projected national security, energy, eco-
                                             traordinary circumstance, and except as oth-            ject to potential supply restrictions, that            nomic, industrial, technological, and other
                                             erwise required by law, the Secretary and               lessen the need for critical minerals; and             needs of the United States;
                                             the Secretary of Agriculture shall ensure                 (F) alternative energy technologies or al-             (II) the projected reliance of the United
                                             that each Federal Register notice described             ternative designs of existing energy tech-             States on foreign sources to meet those
                                             in paragraph (2) shall be—                              nologies, particularly those that use min-             needs; and
                                               (A) subject to any required reviews within            erals that—                                              (III) the projected implications of potential
                                             the Department of the Interior or the De-                 (i) occur in abundance in the United                 supply shortages, restrictions, or disrup-
                                             partment of Agriculture; and                            States; and                                            tions;
                                               (B) published in final form in the Federal              (ii) are not subject to potential supply re-           (iv) the quantity of each critical mineral




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                                             Register not later than 45 days after the date          strictions.                                            projected to be domestically recycled over
                                             of initial preparation of the notice.                     (4) REPORTS.—Not later than 2 years after            the subsequent 1-year, 5-year, and 10-year pe-
                                               (2) PREPARATION.—The preparation of Fed-              the date of enactment of this Act, and annu-           riods;
                                             eral Register notices required by law associ-           ally thereafter, the Secretary shall submit              (v) the market penetration of alternatives
                                             ated with the issuance of a critical mineral            to Congress a report summarizing the activi-           to each critical mineral projected to take
                                             exploration or mine permit shall be dele-               ties, findings, and progress of the program.           place over the subsequent 1-year, 5-year, and
                                             gated to the organizational level within the              (h) ANALYSIS AND FORECASTING.—                       10-year periods;




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1569
                                               (vi) a discussion of reasonably foreseeable             (i) to design an interdisciplinary program             (i) the matter under the heading ‘‘GEOLOGI-
                                             international trends associated with the dis-           on critical minerals that will support the             CAL SURVEY’’ of the first section of the Act of
                                             covery, production, consumption, use, costs             critical mineral supply chain and improve              March 3, 1879 (43 U.S.C. 31(a)); or
                                             of production, and recycling of each critical           the ability of the United States to increase             (ii) the first section of Public Law 87–626
                                             mineral as well as the development of alter-            domestic, critical mineral exploration, de-            (43 U.S.C. 31(b)).
                                             natives to critical minerals; and                       velopment, production, manufacturing, re-                (B) EFFECT ON DEPARTMENT OF DEFENSE.—
                                               (vii) such other projections relating to              search, including fundamental research into            Nothing in this section or an amendment
                                             each critical mineral as the Secretary deter-           alternatives, and recycling;                           made by this section affects the authority of
                                             mines to be necessary to achieve the pur-                 (ii) to address undergraduate and graduate           the Secretary of Defense with respect to the
                                             poses of this subsection.                               education, especially to assist in the devel-          work of the Department of Defense on crit-
                                               (2) PROPRIETARY INFORMATION.—In pre-                  opment of graduate level programs of re-               ical material supplies in furtherance of the
                                             paring a report described in paragraph (1),             search and instruction that lead to advanced           national defense mission of the Department
                                             the Secretary shall ensure, consistent with             degrees with an emphasis on the critical               of Defense.
                                             section 5(f) of the National Materials and              mineral supply chain or other positions that             (C) SECRETARIAL ORDER NOT AFFECTED.—
                                             Minerals Policy, Research and Development               will increase domestic, critical mineral ex-           This section shall not apply to any mineral
                                             Act of 1980 (30 U.S.C. 1604(f)), that—                  ploration, development, production, manu-              described in Secretarial Order No. 3324,
                                               (A) no person uses the information and                facturing, research, including fundamental             issued by the Secretary on December 3, 2012,
                                             data collected for the report for a purpose             research into alternatives, and recycling;             in any area to which the order applies.
                                             other than the development of or reporting                (iii) to develop guidelines for proposals              (4) APPLICATION OF CERTAIN PROVISIONS.—
                                             of aggregate data in a manner such that the             from institutions of higher education with               (A) IN GENERAL.—Subsections (e) and (f)
                                             identity of the person or firm who supplied             substantial capabilities in the required dis-          shall apply to—
                                             the information is not discernible and is not           ciplines for activities to improve the critical          (i) an exploration project in which the
                                             material to the intended uses of the informa-           mineral supply chain and advance the capac-            presence of a byproduct is reasonably ex-
                                             tion;                                                   ity of the United States to increase domes-            pected,     based     on     known    mineral
                                               (B) no person discloses any information or            tic, critical mineral exploration, research,           companionality, geologic formation, min-
                                             data collected for the report unless the infor-         development, production, manufacturing,                eralogy, or other factors; and
                                             mation or data has been transformed into a              and recycling; and                                       (ii) a project that demonstrates that the
                                             statistical or aggregate form that does not               (iv) to outline criteria for evaluating per-         byproduct is of sufficient grade that, when
                                             allow the identification of the person or firm          formance and recommendations for the                   combined with the production of a host min-
                                             who supplied particular information; and                amount of funding that will be necessary to            eral, the byproduct is economic to recover,
                                               (C) procedures are established to require             establish and carry out the program de-                as determined by the applicable Secretary in
                                             the withholding of any information or data              scribed in paragraph (3).                              accordance with subparagraph (B).
                                             collected for the report if the Secretary de-             (B) REPORT.—Not later than 2 years after               (B) REQUIREMENT.—In making the deter-
                                             termines that withholding is necessary to               the date of enactment of this Act, the Sec-            mination under subparagraph (A)(ii), the ap-
                                             protect proprietary information, including              retary shall submit to Congress a description          plicable Secretary shall consider the cost ef-
                                             any trade secrets or other confidential infor-                                                                 fectiveness of the byproducts recovery.
                                                                                                     of the results of the study required under
                                                                                                                                                              (l) AUTHORIZATION OF APPROPRIATIONS.—
                                             mation.                                                 subparagraph (A).                                      There is authorized to be appropriated to
                                               (i) EDUCATION AND WORKFORCE.—                           (3) PROGRAM.—                                        carry out this section $50,000,000 for each of
                                               (1) WORKFORCE ASSESSMENT.—Not later                     (A) ESTABLISHMENT.—The Secretary and                 fiscal years 2021 through 2029.
                                             than 1 year and 300 days after the date of en-          the Secretary of Labor shall jointly conduct           SEC. 2102. RARE EARTH ELEMENT ADVANCED
                                             actment of this Act, the Secretary of Labor             a competitive grant program under which in-                        COAL TECHNOLOGIES.
                                             (in consultation with the Secretary, the Di-            stitutions of higher education may apply for             (a) PROGRAM FOR EXTRACTION AND RECOV-
                                             rector of the National Science Foundation,              and receive 4-year grants for—                         ERY OF RARE EARTH ELEMENTS AND MINERALS
                                             institutions of higher education with sub-                (i) startup costs for newly designated fac-          FROM COAL AND COAL BYPRODUCTS.—
                                             stantial expertise in mining, institutions of           ulty positions in integrated critical mineral            (1) IN GENERAL.—The Secretary of Energy,
                                             higher education with significant expertise             education, research, innovation, training,             acting through the Assistant Secretary for
                                             in minerals research, including fundamental             and workforce development programs con-                Fossil Energy (referred to in this section as
                                             research into alternatives, and employers in            sistent with paragraph (2);                            the ‘‘Secretary’’), shall carry out a program
                                             the critical minerals sector) shall submit to             (ii) internships, scholarships, and fellow-          under which the Secretary shall develop ad-
                                             Congress an assessment of the domestic                  ships for students enrolled in programs re-            vanced separation technologies for the ex-
                                             availability of technically trained personnel           lated to critical minerals;                            traction and recovery of rare earth elements
                                             necessary for critical mineral exploration,               (iii) equipment necessary for integrated             and minerals from coal and coal byproducts.
                                             development, assessment, production, manu-              critical mineral innovation, training, and               (2) AUTHORIZATION OF APPROPRIATIONS.—
                                             facturing, recycling, analysis, forecasting,            workforce development programs; and                    There is authorized to be appropriated to the
                                             education, and research, including an anal-               (iv) research of critical minerals and their         Secretary to carry out the program de-
                                             ysis of—                                                applications, particularly concerning the              scribed in paragraph (1) $23,000,000 for each of
                                               (A) skills that are in the shortest supply as         manufacture of critical components vital to            fiscal years 2021 through 2027.
                                             of the date of the assessment;                          national security.                                       (b) REPORT.—Not later than 1 year after
                                               (B) skills that are projected to be in short            (B) RENEWAL.—A grant under this para-                the date of enactment of this Act, the Sec-
                                             supply in the future;                                   graph shall be renewable for up to 2 addi-             retary shall submit to the Committee on En-
                                               (C) the demographics of the critical min-             tional 3-year terms based on performance               ergy and Natural Resources of the Senate
                                             erals industry and how the demographics                 criteria outlined under paragraph (2)(A)(iv).          and the Committee on Energy and Commerce
                                             will evolve under the influence of factors                                                                     of the House of Representatives a report
                                                                                                        (j) NATIONAL GEOLOGICAL AND GEOPHYSICAL
                                             such as an aging workforce;                                                                                    evaluating the development of advanced sep-
                                                                                                     DATA      PRESERVATION     PROGRAM.—Section            aration technologies for the extraction and
                                               (D) the effectiveness of training and edu-            351(k) of the Energy Policy Act of 2005 (42            recovery of rare earth elements and minerals
                                             cation programs in addressing skills short-             U.S.C. 15908(k)) is amended by striking                from coal and coal byproducts, including
                                             ages;                                                   ‘‘$30,000,000 for each of fiscal years 2006            acid mine drainage from coal mines and coal
                                               (E) opportunities to hire locally for new
                                                                                                     through 2010’’ and inserting ‘‘$5,000,000 for          mine refuse and tailings.
                                             and existing critical mineral activities;
                                                                                                     each of fiscal years 2021 through 2029, to re-         SEC. 2103. MONITORING MINERAL INVESTMENTS
                                               (F) the sufficiency of personnel within rel-                                                                             UNDER BELT AND ROAD INITIATIVE
                                             evant areas of the Federal Government for               main available until expended’’.
                                                                                                                                                                        OF PEOPLE’S REPUBLIC OF CHINA.
                                             achieving the policies described in section 3             (k) ADMINISTRATION.—                                   (a) REPORT REQUIRED.—Not later than 1
                                             of the National Materials and Minerals Pol-               (1) IN GENERAL.—The National Critical Ma-            year after the date of the enactment of this
                                             icy, Research and Development Act of 1980               terials Act of 1984 (30 U.S.C. 1801 et seq.) is        Act, the Director of National Intelligence, in
                                             (30 U.S.C. 1602); and                                   repealed.                                              consultation with the Secretary of Interior,
                                               (G) the potential need for new training pro-            (2) CONFORMING AMENDMENT.—Section 3(d)               the Secretary, the Secretary of Commerce,
                                             grams to have a measurable effect on the                of the National Superconductivity and Com-             the Secretary of State, the Secretary of De-
                                             supply of trained workers in the critical               petitiveness Act of 1988 (15 U.S.C. 5202(d)) is        fense, and the United States Trade Rep-
                                             minerals industry.                                      amended in the first sentence by striking ‘‘,          resentative, shall submit to the appropriate
                                               (2) CURRICULUM STUDY.—                                with the assistance of the National Critical           congressional committees a report on invest-




dlhill on DSKBBY8HB2PROD with SENATE
                                               (A) IN GENERAL.—The Secretary and the                 Materials Council as specified in the Na-              ments in minerals under the Belt and Road
                                             Secretary of Labor shall jointly enter into             tional Critical Materials Act of 1984 (30              Initiative of the People’s Republic of China
                                             an arrangement with the National Academy                U.S.C. 1801 et seq.),’’.                               that includes an assessment of—
                                             of Sciences and the National Academy of En-               (3) SAVINGS CLAUSES.—                                  (1) notable past mineral investments;
                                             gineering under which the Academies shall                 (A) IN GENERAL.—Nothing in this section or             (2) whether and how such investments have
                                             coordinate with the National Science Foun-              an amendment made by this section modifies             increased the extent of control of minerals
                                             dation on conducting a study—                           any requirement or authority provided by—              by the People’s Republic of China;




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                                             S1570                                             CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                                (3) any efforts by the People’s Republic of          ational capability, or service, including com-           ‘‘(f) SINGLE-ISSUE RATE FILINGS.—The
                                             China to counter or interfere with the goals            puter hardware, software, or a related asset,          Commission shall permit public utilities to
                                             of the Energy Resource Governance Initia-               that enhances the security posture of public           apply for incentive-based rate treatment
                                             tive of the Department of State; and                    utilities through improvements in the abil-            under a rule issued under this section on a
                                                (4) the strategy of the People’s Republic of         ity to protect against, detect, respond to, or         single-issue basis by submitting to the Com-
                                             China with respect to mineral investments.              recover from a cybersecurity threat (as de-            mission a tariff schedule under section 205
                                                (b) MONITORING MECHANISM.—In conjunc-                fined in section 102 of the Cybersecurity Act          that permits recovery of costs and incentives
                                             tion with each report required by subsection            of 2015 (6 U.S.C. 1501)).                              over the depreciable life of the applicable as-
                                             (a), the Director shall submit to the appro-              ‘‘(2) ADVANCED CYBERSECURITY TECHNOLOGY              sets, without regard to changes in receipts or
                                             priate congressional committees a list of any           INFORMATION.—The term ‘advanced cyberse-               other costs of the public utility.
                                             minerals with respect to which—                         curity technology information’ means infor-              ‘‘(g) PROTECTION OF INFORMATION.—Ad-
                                                (1) the People’s Republic of China, directly         mation relating to advanced cybersecurity              vanced cybersecurity technology informa-
                                             or through the Belt and Road Initiative—                technology or proposed advanced cybersecu-             tion that is provided to, generated by, or col-
                                                (A) is increasing its concentration of ex-           rity technology that is generated by or pro-           lected by the Federal Government under sub-
                                             traction and processing;                                vided to the Commission or another Federal             section (b), (c), or (f) shall be considered to
                                                (B) is acquiring significant mining and              agency.                                                be critical electric infrastructure informa-
                                             processing facilities;                                    ‘‘(b) STUDY.—Not later than 180 days after           tion under section 215A.’’.
                                                (C) is maintaining or increasing export re-          the date of enactment of this section, the             SEC. 2202. RURAL AND MUNICIPAL UTILITY AD-
                                             strictions; or                                          Commission, in consultation with the Sec-                          VANCED CYBERSECURITY GRANT
                                                (D) has achieved substantial control of the          retary of Energy, the North American Elec-                         AND TECHNICAL ASSISTANCE PRO-
                                                                                                     tric Reliability Corporation, the Electricity                      GRAM.
                                             supply of minerals used within an industry
                                             or related minerals; or                                 Subsector Coordinating Council, and the Na-              (a) DEFINITIONS.—In this section:
                                                                                                     tional Association of Regulatory Utility                 (1)   ADVANCED     CYBERSECURITY   TECH-
                                                (2) there is a significant difference between
                                                                                                     Commissioners, shall conduct a study to                NOLOGY.—The term ‘‘advanced cybersecurity
                                             domestic prices in the People’s Republic of
                                             China as compared to prices on international            identify incentive-based, including perform-           technology’’ means any technology, oper-
                                             markets; or                                             ance-based, rate treatments for the trans-             ational capability, or service, including com-
                                                (3) there is a significant increase or vola-         mission and sale of electric energy subject to         puter hardware, software, or a related asset,
                                             tility in price as a result of the Belt and             the jurisdiction of the Commission that                that enhances the security posture of elec-
                                             Road Initiative of the People’s Republic of             could be used to encourage—                            tric utilities through improvements in the
                                             China.                                                    ‘‘(1) investment by public utilities in ad-          ability to protect against, detect, respond to,
                                                (c) CRITICAL MINERAL EVALUATION.—For                 vanced cybersecurity technology; and                   or recover from a cybersecurity threat (as
                                             any mineral included on the list required by              ‘‘(2) participation by public utilities in cy-       defined in section 102 of the Cybersecurity
                                             subsection (b) that is not already designated           bersecurity threat information sharing pro-            Act of 2015 (6 U.S.C. 1501)).
                                             as critical by the Secretary of the Interior            grams.                                                   (2) ELIGIBLE ENTITY.—The term ‘‘eligible
                                             pursuant to section 2101, the Director shall—             ‘‘(c) INCENTIVE-BASED RATE TREATMENT.—               entity’’ means—
                                                (1) determine, in consultation with the              Not later than 1 year after the completion of            (A) a rural electric cooperative;
                                             Secretary of the Interior, the Secretary, the           the study under subsection (b), the Commis-              (B) a utility owned by a political subdivi-
                                             Secretary of Commerce, the Secretary of                 sion shall establish, by rule, incentive-based,        sion of a State, such as a municipally owned
                                             State, the Secretary of Defense, and the                including performance-based, rate treat-               electric utility;
                                             United States Trade Representative, whether             ments for the transmission of electric energy            (C) a utility owned by any agency, author-
                                             the mineral is strategic and critical to the            in interstate commerce and the sale of elec-           ity, corporation, or instrumentality of 1 or
                                             defense or national security of the United              tric energy at wholesale in interstate com-            more political subdivisions of a State;
                                             States; and                                             merce by public utilities for the purpose of             (D) a not-for-profit entity that is in a part-
                                                (2) make a recommendation to the Sec-                benefitting consumers by encouraging—                  nership with not fewer than 6 entities de-
                                             retary of the Interior regarding the designa-             ‘‘(1) investments by public utilities in ad-         scribed in subparagraph (A), (B), or (C); and
                                             tion of the mineral under section 2101.                 vanced cybersecurity technology; and                     (E) an investor-owned electric utility that
                                                (d) ANNUAL UPDATES.—The Director shall                 ‘‘(2) participation by public utilities in cy-       sells less than 4,000,000 megawatt hours of
                                             update the report required by subsection (a)            bersecurity threat information sharing pro-            electricity per year.
                                             and list required by subsection (b) not less            grams.                                                   (3) PROGRAM.—The term ‘‘Program’’ means
                                             frequently than annually.                                 ‘‘(d) FACTORS FOR CONSIDERATION.—In                  the Rural and Municipal Utility Advanced
                                                (e) FORM.—Each report or list required by            issuing a rule pursuant to this section, the           Cybersecurity Grant and Technical Assist-
                                             this section shall be submitted in unclassi-            Commission may provide additional incen-               ance Program established under subsection
                                             fied form but may include a classified annex.           tives beyond those identified in subsection            (b).
                                                (f) APPROPRIATE CONGRESSIONAL COMMIT-                (c) in any case in which the Commission de-              (b) ESTABLISHMENT.—Not later than 180
                                             TEES DEFINED.—In this section, the term                 termines that an investment in advanced cy-            days after the date of enactment of this Act,
                                             ‘‘appropriate      congressional    committees’’        bersecurity technology or information shar-            the Secretary, in consultation with the Sec-
                                             means—                                                  ing program costs will reduce cybersecurity            retary of Homeland Security, the Federal
                                                (1) the Committee on Energy and Natural              risks to—                                              Energy Regulatory Commission, the North
                                             Resources, the Committee on Foreign Rela-                 ‘‘(1) defense critical electric infrastructure       American Electric Reliability Corporation,
                                             tions, the Committee on Armed Services, the             (as defined in section 215A(a)) and other fa-          and the Electricity Subsector Coordinating
                                             Committee on Finance, the Committee on                  cilities subject to the jurisdiction of the            Council, shall establish a program, to be
                                             Homeland Security and Governmental Af-                  Commission that are critical to public safe-           known as the ‘‘Rural and Municipal Utility
                                             fairs, the Committee on Commerce, Science,              ty, national defense, or homeland security,            Advanced Cybersecurity Grant and Tech-
                                             and Transportation, and the Committee on                as determined by the Commission in con-                nical Assistance Program’’, to provide grants
                                             Appropriations of the Senate; and                       sultation with—                                        and technical assistance to, and enter into
                                                (2) the Committee on Energy and Com-                   ‘‘(A) the Secretary of Energy;                       cooperative agreements with, eligible enti-
                                             merce, the Committee on Foreign Affairs,                  ‘‘(B) the Secretary of Homeland Security;            ties to protect against, detect, respond to,
                                             the Committee on Armed Services, the Com-               and                                                    and recover from cybersecurity threats.
                                             mittee on Ways and Means, the Committee                   ‘‘(C) other appropriate Federal agencies;              (c) OBJECTIVES.—The objectives of the Pro-
                                             on Homeland Security, and the Committee                 and                                                    gram shall be—
                                             on Appropriations of the House of Represent-              ‘‘(2) facilities of small or medium-sized              (1) to deploy advanced cybersecurity tech-
                                             atives.                                                 public utilities with limited cybersecurity            nologies for electric utility systems; and
                                                                                                     resources, as determined by the Commission.              (2) to increase the participation of eligible
                                              Subtitle B—Cybersecurity and Grid Security               ‘‘(e) RATEPAYER PROTECTION.—                         entities in cybersecurity threat information
                                                             and Modernization                         ‘‘(1) IN GENERAL.—Any rate approved under            sharing programs.
                                                  PART I—CYBERSECURITY AND GRID                      a rule issued pursuant to this section, in-              (d) AWARDS.—
                                                                 SECURITY                            cluding any revisions to that rule, shall be             (1) IN GENERAL.—The Secretary—
                                             SEC. 2201. INCENTIVES FOR ADVANCED CYBERSE-             subject to the requirements of sections 205              (A) shall award grants and provide tech-
                                                          CURITY TECHNOLOGY INVESTMENT.              and 206 that all rates, charges, terms, and            nical assistance under the Program to eligi-
                                               Part II of the Federal Power Act is amend-            conditions—                                            ble entities on a competitive basis;
                                             ed by inserting after section 219 (16 U.S.C.              ‘‘(A) shall be just and reasonable; and                (B) shall develop criteria and a formula for




dlhill on DSKBBY8HB2PROD with SENATE
                                             824s) the following:                                      ‘‘(B) shall not be unduly discriminatory or          awarding grants and providing technical as-
                                             ‘‘SEC. 219A. INCENTIVES FOR CYBERSECURITY IN-           preferential.                                          sistance under the Program;
                                                           VESTMENTS.                                  ‘‘(2) PROHIBITION OF DUPLICATE RECOVERY.—              (C) may enter into cooperative agreements
                                                ‘‘(a) DEFINITIONS.—In this section:                  Any rule issued pursuant to this section               with eligible entities that can facilitate the
                                                ‘‘(1)   ADVANCED    CYBERSECURITY   TECH-            shall preclude rate treatments that allow un-          objectives described in subsection (c); and
                                             NOLOGY.—The term ‘advanced cybersecurity                just and unreasonable double recovery for                (D) shall establish a process to ensure that
                                             technology’ means any technology, oper-                 advanced cybersecurity technology.                     all eligible entities are informed about and




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                      S1571
                                             can become aware of opportunities to receive               ‘‘(3) other entities responsible for main-          SEC.    2204. ENHANCING     GRID    SECURITY
                                             grants or technical assistance under the Pro-           taining fuel or electric reliability and secur-                   THROUGH PUBLIC-PRIVATE PART-
                                                                                                                                                                       NERSHIPS.
                                             gram.                                                   ing energy infrastructure.
                                               (2) PRIORITY FOR GRANTS AND TECHNICAL AS-                ‘‘(d) FINANCIAL ASSISTANCE.—A State is not            (a) DEFINITIONS.—In this section:
                                             SISTANCE.—In awarding grants and providing              eligible to receive Federal financial assist-            (1) ELECTRIC RELIABILITY ORGANIZATION.—
                                             technical assistance under the Program, the             ance under this part, for any purpose, for a           The term ‘‘Electric Reliability Organiza-
                                             Secretary shall give priority to an eligible            fiscal year unless the Governor of such State          tion’’ has the meaning given the term in sec-
                                             entity that, as determined by the Sec-                  submits to the Secretary, with respect to              tion 215(a) of the Federal Power Act (16
                                                                                                     such fiscal year—                                      U.S.C. 824o(a)).
                                             retary—
                                                                                                        ‘‘(1) a State energy security plan described          (2) ELECTRIC UTILITY; STATE REGULATORY
                                               (A) has limited cybersecurity resources;
                                                                                                     in subsection (a) that meets the require-              AUTHORITY.—The terms ‘‘electric utility’’
                                               (B) owns assets critical to the reliability of
                                                                                                     ments of subsection (b); or                            and ‘‘State regulatory authority’’ have the
                                             the bulk power system; or
                                                                                                        ‘‘(2) after an annual review of the State en-       meanings given those terms in section 3 of
                                               (C) owns defense critical electric infra-
                                                                                                     ergy security plan by the Governor—                    the Federal Power Act (16 U.S.C. 796).
                                             structure (as defined in section 215A(a) of the                                                                  (b) PROGRAM TO PROMOTE AND ADVANCE
                                             Federal Power Act (16 U.S.C. 824o–1(a))).                  ‘‘(A) any necessary revisions to such plan;
                                                                                                     or                                                     PHYSICAL SECURITY AND CYBERSECURITY OF
                                               (e) PROTECTION OF INFORMATION.—Informa-                                                                      ELECTRIC UTILITIES.—
                                             tion provided to, or collected by, the Federal             ‘‘(B) a certification that no revisions to
                                                                                                     such plan are necessary.                                 (1) ESTABLISHMENT.—The Secretary, in
                                             Government under this section—                                                                                 consultation with the Secretary of Homeland
                                               (1) shall be exempt from disclosure under                ‘‘(e) TECHNICAL ASSISTANCE.—Upon request
                                                                                                     of the Governor of a State, the Secretary, in          Security, State regulatory authorities, in-
                                             section 552(b)(3) of title 5, United States                                                                    dustry stakeholders, the Electric Reliability
                                                                                                     consultation with the Secretary of Homeland
                                             Code; and                                                                                                      Organization, and any other Federal agen-
                                                                                                     Security, may provide information and tech-
                                               (2) shall not be made available by any Fed-                                                                  cies that the Secretary determines to be ap-
                                                                                                     nical assistance, and other assistance, in the
                                             eral agency, State, political subdivision of a                                                                 propriate, shall carry out a program—
                                                                                                     development, implementation, or revision of
                                             State, or Tribal authority under any applica-           a State energy security plan.                            (A) to develop, and provide for voluntary
                                             ble law requiring public disclosure of infor-              ‘‘(f) REQUIREMENT.—Each State receiving             implementation of, maturity models, self-as-
                                             mation or records.                                      Federal financial assistance under this part           sessments, and auditing methods for assess-
                                               (f) FUNDING.—There is authorized to be ap-            shall provide reasonable assurance to the              ing the physical security and cybersecurity
                                             propriated to carry out this section                    Secretary that the State has established               of electric utilities;
                                             $50,000,000 for each of fiscal years 2021               policies and procedures designed to assure               (B) to assist with threat assessment and
                                             through 2025, to remain available until ex-             that the financial assistance will be used—            cybersecurity training for electric utilities;
                                             pended.                                                    ‘‘(1) to supplement, and not to supplant,             (C) to provide technical assistance for elec-
                                             SEC. 2203. STATE ENERGY SECURITY PLANS.                 State and local funds; and                             tric utilities subject to the program;
                                               (a) IN GENERAL.—Part D of title III of the               ‘‘(2) to the maximum extent practicable, to           (D) to provide training to electric utilities
                                             Energy Policy and Conservation Act (42                  increase the amount of State and local funds           to address and mitigate cybersecurity supply
                                             U.S.C. 6321 et seq.) is amended by adding at            that otherwise would be available, in the ab-          chain management risks;
                                             the end the following:                                  sence of the financial assistance, for the im-           (E) to advance the cybersecurity of third-
                                             ‘‘SEC. 367. STATE ENERGY SECURITY PLANS.                plementation of the State energy security              party vendors in partnerships with electric
                                                ‘‘(a) IN GENERAL.—Federal financial assist-          plan under this section.                               utilities; and
                                             ance made available to a State under this                  ‘‘(g) PROTECTION OF INFORMATION.—Infor-               (F) to increase opportunities for sharing
                                             part may be used for the development, im-               mation provided to, or collected by, the Fed-
                                                                                                                                                            best practices and data collection within the
                                             plementation, review, and revision of a State           eral Government under this section—
                                                                                                                                                            electric sector.
                                             energy security plan that assesses the                     ‘‘(1) shall be exempt from disclosure under
                                                                                                                                                              (2) SCOPE.—In carrying out the program
                                             State’s existing circumstances and proposes             section 552(b)(3) of title 5, United States
                                                                                                                                                            under paragraph (1), the Secretary shall—
                                             methods to strengthen the ability of the                Code; and
                                                                                                                                                              (A) take into consideration—
                                                                                                        ‘‘(2) shall not be made available by any
                                             State, in consultation with owners and oper-                                                                     (i) the different sizes of electric utilities;
                                                                                                     Federal agency, State, political subdivision
                                             ators of energy infrastructure in such State,                                                                  and
                                                                                                     of a State, or Tribal authority pursuant to
                                             to—                                                                                                              (ii) the regions that electric utilities serve;
                                                                                                     any Federal, State, or Tribal law, as applica-
                                               ‘‘(1) secure the energy infrastructure of the                                                                  (B) prioritize electric utilities with fewer
                                                                                                     ble, requiring public disclosure of informa-
                                             State against all physical and cybersecurity                                                                   available resources due to size or region; and
                                                                                                     tion or records.
                                             threats;                                                   ‘‘(h) SUNSET.—This section shall expire on            (C) to the maximum extent practicable,
                                               ‘‘(2) mitigate the risk of energy supply dis-         October 31, 2024.’’.                                   use and leverage—
                                             ruptions to the State and enhance the re-                  (b) AUTHORIZATION OF APPROPRIATIONS.—                 (i) existing Department programs; and
                                             sponse to, and recovery from, energy disrup-            Section 365(f) of the Energy Policy and Con-             (ii) existing programs of the Federal agen-
                                             tions; and                                              servation Act (42 U.S.C. 6325(f)) is amended—          cies determined to be appropriate under
                                               ‘‘(3) ensure the State has a reliable, secure,           (1) by striking ‘‘$125,000,000’’ and inserting      paragraph (1).
                                             and resilient energy infrastructure.                    ‘‘$90,000,000’’; and                                     (3) PROTECTION OF INFORMATION.—Informa-
                                               ‘‘(b) CONTENTS OF PLAN.—A State energy                   (2) by striking ‘‘2007 through 2012’’ and in-       tion provided to, or collected by, the Federal
                                             security plan described in subsection (a)               serting ‘‘2021 through 2025’’.                         Government pursuant to this subsection—
                                             shall—                                                     (c) TECHNICAL AND CONFORMING AMEND-                   (A) shall be exempt from disclosure under
                                               ‘‘(1) address all energy sources and regu-            MENTS.—                                                section 552(b)(3) of title 5, United States
                                             lated and unregulated energy providers;                    (1) CONFORMING AMENDMENTS.—Section 363              Code; and
                                               ‘‘(2) provide a State energy profile, includ-         of the Energy Policy and Conservation Act                (B) shall not be made available by any Fed-
                                             ing an assessment of energy production, dis-            (42 U.S.C. 6323) (as amended by section 1811)          eral agency, State, political subdivision of a
                                             tribution, and end-use;                                 is amended—                                            State, or Tribal authority pursuant to any
                                               ‘‘(3) address potential hazards to each en-              (A) by striking subsection (e); and                 Federal, State, political subdivision of a
                                             ergy sector or system, including physical                  (B) by redesignating subsections (f) and (g)        State, or Tribal law, respectively, requiring
                                             threats and cybersecurity threats and                   as subsections (e) and (f), respectively.              public disclosure of information or records.
                                             vulnerabilities;                                           (2)      TECHNICAL     AMENDMENT.—Section             (c) REPORT ON CYBERSECURITY AND DIS-
                                               ‘‘(4) provide a risk assessment of energy in-         366(3)(B)(i) of the Energy Policy and Con-             TRIBUTION SYSTEMS.—
                                             frastructure and cross-sector interdepend-              servation Act (42 U.S.C. 6326(3)(B)(i)) is               (1) IN GENERAL.—Not later than 1 year after
                                             encies;                                                 amended by striking ‘‘approved under sec-              the date of enactment of this Act, the Sec-
                                               ‘‘(5) provide a risk mitigation approach to           tion 367’’.                                            retary, in consultation with the Secretary of
                                             enhance reliability and end-use resilience;                (3) REFERENCE.—The matter under the                 Homeland Security, State regulatory au-
                                             and                                                     heading ‘‘ENERGY CONSERVATION’’ under the              thorities, industry stakeholders, and any
                                               ‘‘(6) address multi-State, Indian Tribe, and          heading ‘‘DEPARTMENT OF ENERGY’’ in                    other Federal agencies that the Secretary
                                             regional coordination planning and response,            title II of the Department of the Interior and         determines to be appropriate, shall submit to
                                             and to the extent practicable, encourage mu-            Related Agencies Appropriations Act, 1985              Congress a report that assesses—
                                             tual assistance in cyber and physical re-               (42 U.S.C. 6323a) is amended by striking ‘‘sec-          (A) priorities, policies, procedures, and ac-
                                             sponse plans.                                           tions 361 through 366’’ and inserting ‘‘sec-           tions for enhancing the physical security and
                                               ‘‘(c) COORDINATION.—In developing or revis-           tions 361 through 367’’.                               cybersecurity of electricity distribution sys-




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                                             ing a State energy security plan under this                (4) TABLE OF CONTENTS.—The table of con-            tems, including behind-the-meter genera-
                                             section, the energy office of the State shall,          tents for part D of title III of the Energy            tion, storage, and load management devices,
                                             to the extent practicable, coordinate with—             Policy and Conservation Act (Public Law 94–            to address threats to, and vulnerabilities of,
                                               ‘‘(1) the public utility or service commis-           163; 89 Stat. 872; 92 Stat. 3272; 104 Stat. 1006)      electricity distribution systems; and
                                             sion of the State;                                      is amended by adding at the end the fol-                 (B) the implementation of the priorities,
                                               ‘‘(2) energy providers from the private and           lowing:                                                policies, procedures, and actions assessed
                                             public sectors; and                                     ‘‘Sec. 367. State energy security plans.’’.            under subparagraph (A), including—




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                                             S1572                                             CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                               (i) an estimate of potential costs and bene-            (d) ENERGY SECTOR OPERATIONAL SUPPORT                       PART II—GRID MODERNIZATION
                                             fits of the implementation; and                         FOR CYBERRESILIENCE PROGRAM.—                          SEC. 2210. GRID STORAGE PROGRAM.
                                               (ii) an assessment of any public-private                (1) IN GENERAL.—The Secretary may carry                (a) IN GENERAL.—The Secretary shall con-
                                             cost-sharing opportunities.                             out a program—                                         duct a program of research, development,
                                               (2) PROTECTION OF INFORMATION.—Informa-                 (A) to enhance and periodically test—                and demonstration of electric grid energy
                                             tion provided to, or collected by, the Federal            (i) the emergency response capabilities of           storage that addresses the principal chal-
                                             Government under this subsection—                       the Department; and                                    lenges identified in the 2013 Department of
                                               (A) shall be exempt from disclosure under               (ii) the coordination of the Department              Energy Strategic Plan for Grid Energy Stor-
                                             section 552(b)(3) of title 5, United States             with other agencies, the National Labora-              age.
                                             Code; and                                               tories, and private industry;                            (b) AREAS OF FOCUS.—The program under
                                               (B) shall not be made available by any Fed-             (B) to expand cooperation of the Depart-             this section shall focus on—
                                             eral agency, State, political subdivision of a          ment with the intelligence communities for               (1)     materials,      electric    thermal,
                                             State, or Tribal authority pursuant to any              energy sector-related threat collection and            electromechanical, and electrochemical sys-
                                             Federal, State, political subdivision of a              analysis;                                              tems research;
                                             State, or Tribal law, respectively, requiring             (C) to enhance the tools of the Department             (2) power conversion technologies research;
                                             public disclosure of information or records.            and E–ISAC for monitoring the status of the              (3) developing—
                                             SEC. 2205. ENHANCED GRID SECURITY.                      energy sector;                                           (A) empirical and science-based industry
                                               (a) DEFINITIONS.—In this section:                       (D) to expand industry participation in E–           standards to compare the storage capacity,
                                               (1) ELECTRIC UTILITY.—The term ‘‘electric             ISAC; and                                              cycle length and capabilities, and reliability
                                             utility’’ has the meaning given the term in               (E) to provide, in coordination with the Cy-         of different types of electricity storage; and
                                             section 3 of the Federal Power Act (16 U.S.C.           bersecurity and Infrastructure Security                  (B) validation and testing techniques;
                                             796).                                                   Agency of the Department of Homeland Se-                 (4) other fundamental and applied research
                                               (2) E–ISAC.—The term ‘‘E–ISAC’’ means                 curity, technical assistance to small electric         critical to widespread deployment of elec-
                                             the Electricity Sector Information Sharing              utilities    for    purposes    of   assessing         tricity storage;
                                             and Analysis Center.                                    cybermaturity level.                                     (5) device development that builds on re-
                                               (b) CYBERSECURITY FOR THE ENERGY SECTOR                 (2) A  UTHORIZATION    OF  APPROPRIATIONS .—         sults from research described in paragraphs
                                             RESEARCH, DEVELOPMENT, AND DEMONSTRA-                   There is authorized to be appropriated to              (1), (2), and (4), including combinations of
                                             TION PROGRAM.—                                          carry out this subsection $10,000,000 for each         power electronics, advanced optimizing con-
                                               (1) IN GENERAL.—The Secretary, in con-                of fiscal years 2021 through 2029.                     trols, and energy storage as a general pur-
                                             sultation with the Secretary of Homeland                  (e) MODELING AND ASSESSING ENERGY IN-                pose element of the electric grid;
                                             Security and, as determined appropriate,                FRASTRUCTURE RISK.—                                      (6) grid-scale testing and analysis of stor-
                                             other Federal agencies, the energy sector,                (1) IN GENERAL.—The Secretary, in con-               age devices, including test-beds and field
                                             the States, and other stakeholders, shall               sultation with the Secretary of Homeland               trials;
                                             carry out a program—                                    Security, shall develop an advanced energy               (7) cost-benefit analyses that inform cap-
                                               (A) to develop advanced cybersecurity ap-             security program to secure energy networks,            ital expenditure planning for regulators and
                                             plications and technologies for the energy              including electric, natural gas, and oil explo-        owners and operators of components of the
                                             sector—                                                 ration, transmission, and delivery.                    electric grid;
                                               (i) to identify and mitigate vulnerabilities,           (2) SECURITY AND RESILIENCY OBJECTIVE.—                (8) electricity storage device safety and re-
                                             including—                                              The objective of the program developed                 liability, including potential failure modes,
                                               (I) dependencies on other critical infra-             under paragraph (1) is to increase the func-           mitigation measures, and operational guide-
                                             structure; and                                          tional preservation of the electric grid oper-         lines;
                                               (II) impacts from weather and fuel supply;            ations or natural gas and oil operations in              (9) standards for storage device perform-
                                             and                                                     the face of natural and human-made threats             ance, control interface, grid interconnection,
                                               (ii) to advance the security of field devices         and hazards, including electric magnetic               and interoperability; and
                                             and third-party control systems, including—             pulse and geomagnetic disturbances.                      (10) maintaining a public database of en-
                                               (I) systems for generation, transmission,               (3) ELIGIBLE ACTIVITIES.—In carrying out             ergy storage projects, policies, codes, stand-
                                             distribution, end use, and market functions;            the program developed under paragraph (1),             ards, and regulations.
                                               (II) specific electric grid elements includ-          the Secretary may—                                       (c) ASSISTANCE TO STATES.—The Secretary
                                             ing advanced metering, demand response,                   (A) develop capabilities to identify                 may provide technical and financial assist-
                                             distributed generation, and electricity stor-           vulnerabilities and critical components that           ance to States, Indian Tribes, or units of
                                             age;                                                    pose major risks to grid security if destroyed         local government to participate in or use re-
                                               (III) forensic analysis of infected systems;          or impaired;                                           search, development, or demonstration of
                                             and                                                       (B) provide modeling at the national level           technology developed under this section.
                                                                                                     to predict impacts from natural or human-                (d) AUTHORIZATION OF APPROPRIATIONS.—
                                               (IV) secure communications;
                                                                                                     made events;                                           There is authorized to be appropriated to the
                                               (B) to leverage electric grid architecture as
                                                                                                       (C) develop a maturity model for physical            Secretary to carry out this section $50,000,000
                                             a means to assess risks to the energy sector,                                                                  for each of fiscal years 2021 through 2029.
                                             including by implementing an all-hazards                security and cybersecurity;
                                                                                                                                                              (e) NO EFFECT ON OTHER PROVISIONS OF
                                             approach to communications infrastructure,                (D) conduct exercises and assessments to
                                                                                                                                                            LAW.—Nothing in this Act or an amendment
                                             control systems architecture, and power sys-            identify and mitigate vulnerabilities to the           made by this Act authorizes regulatory ac-
                                             tems architecture;                                      electric grid, including providing mitigation          tions that would duplicate or conflict with
                                               (C) to perform pilot demonstration                    recommendations;                                       regulatory requirements, mandatory stand-
                                             projects with the energy sector to gain expe-             (E) conduct research hardening solutions             ards, or related processes under section 215 of
                                             rience with new technologies; and                       for critical components of the electric grid;          the Federal Power Act (16 U.S.C. 824o).
                                               (D) to develop workforce development cur-               (F) conduct research mitigation and recov-             (f) USE OF FUNDS.—To the maximum extent
                                             ricula for energy sector-related cybersecu-             ery solutions for critical components of the           practicable, in carrying out this section, the
                                             rity.                                                   electric grid; and                                     Secretary shall ensure that the use of funds
                                               (2) AUTHORIZATION OF APPROPRIATIONS.—                   (G) provide technical assistance to States           to carry out this section is coordinated
                                             There is authorized to be appropriated to               and other entities for standards and risk              among different offices within the Grid Mod-
                                             carry out this subsection $65,000,000 for each          analysis.                                              ernization Initiative of the Department and
                                             of fiscal years 2021 through 2029.                        (4) AUTHORIZATION OF APPROPRIATIONS.—                other programs conducting energy storage
                                               (c) ENERGY SECTOR COMPONENT TESTING                   There is authorized to be appropriated to              research.
                                             FOR CYBERRESILIENCE PROGRAM.—                           carry out this subsection $10,000,000 for each         SEC. 2211. TECHNOLOGY DEMONSTRATION ON
                                               (1) IN GENERAL.—The Secretary, in con-                of fiscal years 2021 through 2029.                                THE DISTRIBUTION SYSTEM.
                                             sultation with the Federal Acquisition Secu-              (f) LEVERAGING EXISTING PROGRAMS.—The                  (a) IN GENERAL.—The Secretary shall es-
                                             rity Council, shall carry out a program—                programs established under this section shall          tablish a grant program to carry out eligible
                                               (A) to establish a cybertesting and mitiga-           be carried out consistent with—                        projects related to the modernization of the
                                             tion program to identify vulnerabilities of               (1) the report of the Department entitled            electric grid, including the application of
                                             energy sector supply chain products to                  ‘‘Roadmap to Achieve Energy Delivery Sys-              technologies to improve observability, ad-
                                             known threats;                                          tems Cybersecurity’’ and dated 2011;                   vanced controls, and prediction of system
                                               (B) to oversee third-party cybertesting;                (2) existing programs of the Department;             performance on the distribution system.




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                                             and                                                     and                                                      (b) ELIGIBLE PROJECTS.—To be eligible for
                                               (C) to develop procurement guidelines for               (3) any associated strategic framework               a grant under subsection (a), a project
                                             energy sector supply chain components.                  that links together academic and National              shall—
                                               (2) AUTHORIZATION OF APPROPRIATIONS.—                 Laboratory researchers, electric utilities,              (1) be designed to improve the performance
                                             There is authorized to be appropriated to               manufacturers, and any other relevant pri-             and efficiency of the future electric grid,
                                             carry out this subsection $15,000,000 for each          vate industry organizations, including the             while ensuring the continued provision of
                                             of fiscal years 2021 through 2029.                      Electricity Sub-sector Coordinating Council.           safe, secure, reliable, and affordable power;




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                    S1573
                                               (2) demonstrate—                                      ing displacement of conventional generation            SEC. 2213. ELECTRIC GRID ARCHITECTURE, SCE-
                                               (A) secure integration and management of              used for electric power generation, heating                        NARIO DEVELOPMENT, AND MOD-
                                                                                                                                                                        ELING.
                                             two or more energy resources, including dis-            and cooling, and transportation;
                                             tributed energy generation, combined heat                 (B) the potential for renewable resources,             (a) GRID ARCHITECTURE AND SCENARIO DE-
                                             and power, micro-grids, energy storage, elec-                                                                  VELOPMENT.—
                                                                                                     including wind, solar, and hydropower, to be
                                             tric vehicles, energy efficiency, demand re-            integrated into a hybrid micro-grid system;              (1) IN GENERAL.—Subject to paragraph (2),
                                             sponse, and intelligent loads; and                        (C) opportunities for improving the effi-            the Secretary shall establish and facilitate a
                                               (B) secure integration and interoperability                                                                  collaborative process to develop model grid
                                                                                                     ciency of existing hybrid micro-grid systems;
                                             of communications and information tech-                                                                        architecture and a set of future scenarios for
                                                                                                       (D) the capacity of the local workforce to
                                             nologies; and                                                                                                  the electric grid to examine the impacts of
                                                                                                     operate, maintain, and repair a hybrid
                                               (3) be subject to the requirements of sec-                                                                   different combinations of resources (includ-
                                                                                                     micro-grid system;
                                             tion 545(a) of the Energy Security and Inde-                                                                   ing different quantities of distributed energy
                                                                                                       (E) opportunities to develop the capacity
                                             pendence Act of 2007 (42 U.S.C. 17155(a)).                                                                     resources and large-scale, central genera-
                                                                                                     of the local workforce to operate, maintain,
                                             SEC. 2212. MICRO-GRID AND HYBRID MICRO-GRID
                                                                                                                                                            tion) on the electric grid.
                                                                                                     and repair a hybrid micro-grid system;
                                                          SYSTEMS PROGRAM.                                                                                    (2) MARKET STRUCTURE.—The grid architec-
                                                                                                       (F) leveraging existing capacity within
                                               (a) DEFINITIONS.—In this section:                                                                            ture and scenarios developed under para-
                                                                                                     local or regional research organizations,
                                               (1) HYBRID MICRO-GRID SYSTEM.—The term                                                                       graph (1) shall account for differences in
                                                                                                     such as organizations based at institutions            market structure, including an examination
                                             ‘‘hybrid micro-grid system’’ means a micro-             of higher education, to support development
                                             grid system that—                                                                                              of the potential for stranded costs in each
                                                                                                     of hybrid micro-grid systems, including by             type of market structure.
                                                (A) comprises generation from both con-              testing novel components and systems prior
                                             ventional and renewable energy resources;                                                                        (3) FINDINGS.—
                                                                                                     to field deployment;                                     (A) IN GENERAL.—Based on the findings of
                                             and                                                       (G) the need for basic infrastructure to de-
                                                (B) may use grid-scale energy storage.                                                                      grid architecture developed under paragraph
                                                                                                     velop, deploy, and sustain a hybrid micro-             (1), the Secretary shall—
                                                (2) ISOLATED COMMUNITY.—The term ‘‘iso-              grid system;
                                             lated community’’ means a community that                                                                         (i) determine whether any additional
                                                                                                       (H) input of traditional knowledge from              standards are necessary to ensure the inter-
                                             is powered by a stand-alone electric genera-            local leaders of isolated communities in the
                                             tion and distribution system without the                                                                       operability of grid systems and associated
                                                                                                     development of a hybrid micro-grid system;             communications networks; and
                                             economic and reliability benefits of connec-              (I) the impact of hybrid micro-grid systems
                                             tion to a regional electric grid.                                                                                (ii) if the Secretary makes a determination
                                                                                                     on defense, homeland security, economic de-            that additional standards are necessary
                                                (3) MICRO-GRID SYSTEM.—The term ‘‘micro-             velopment, and environmental interests;
                                             grid system’’ means a localized grid that op-                                                                  under subparagraph (A), make recommenda-
                                                                                                       (J) opportunities to leverage existing               tions for additional standards, including, as
                                             erates autonomously, regardless of whether
                                                                                                     interagency coordination efforts and rec-              may be appropriate, to the Electric Reli-
                                             the grid can operate in connection with an-
                                                                                                     ommendations for new interagency coordina-             ability Organization under section 215 of the
                                             other grid.
                                                                                                     tion efforts to minimize unnecessary over-             Federal Power Act (16 U.S.C. 824o).
                                                (4) STRATEGY.—The term ‘‘strategy’’ means
                                                                                                     head, mobilization, and other project costs;             (B) CONSIDERATION.—The Electric Reli-
                                             the strategy developed pursuant to sub-
                                                                                                     and                                                    ability Organization shall not be under any
                                             section (b)(2)(B).
                                                (b) PROGRAM.—                                          (K) any other criteria the Secretary deter-          obligation to establish any process to con-
                                                (1) ESTABLISHMENT.—The Secretary shall               mines appropriate.                                     sider the recommendations described in sub-
                                             establish a program to promote the develop-               (c) COLLABORATION.—The program estab-                paragraph (A)(ii).
                                             ment of—                                                lished under subsection (b)(1) shall be carried          (b) MODELING.—Subject to subsection (c),
                                                (A) hybrid micro-grid systems for isolated                                                                  the Secretary shall—
                                                                                                     out in collaboration with relevant stake-
                                             communities; and                                                                                                 (1) conduct modeling based on the sce-
                                                                                                     holders, including, as appropriate—                    narios developed under subsection (a); and
                                                (B) micro-grid systems to increase the re-             (1) States;
                                             silience of critical infrastructure.                                                                             (2) analyze and evaluate the technical and
                                                                                                       (2) Indian Tribes;                                   financial impacts of the models to assist
                                                (2) PHASES.—The program established                    (3) regional entities and regulators;
                                             under paragraph (1) shall be divided into the                                                                  States, utilities, and other stakeholders in—
                                                                                                       (4) units of local government;                         (A) enhancing strategic planning efforts;
                                             following phases:                                         (5) institutions of higher education; and
                                                (A) Phase I, which shall consist of the de-                                                                   (B) avoiding stranded costs; and
                                                                                                       (6) private sector entities.                           (C) maximizing the cost-effectiveness of fu-
                                             velopment of a feasibility assessment for—
                                                (i) hybrid micro-grid systems in isolated              (d) REPORT.—Not later than 180 days after            ture grid-related investments.
                                             communities; and                                        the date of enactment of this Act, and annu-             (c) INPUT.—The Secretary shall develop the
                                                                                                                                                            scenarios and conduct the modeling and
                                                (ii) micro-grid systems to enhance the re-           ally thereafter until calendar year 2029, the
                                                                                                                                                            analysis under subsections (a) and (b) with
                                             silience of critical infrastructure.                    Secretary shall submit to the Committee on             participation or input, as appropriate,
                                                (B) Phase II, which shall consist of the de-         Energy and Natural Resources of the Senate             from—
                                             velopment of an implementation strategy, in             and the Committee on Energy and Commerce                 (1) the National Laboratories;
                                             accordance with paragraph (3), to promote               of the House of Representatives a report on              (2) States;
                                             the development of hybrid micro-grid sys-               the efforts to implement the program estab-              (3) State regulatory authorities;
                                             tems for isolated communities, particularly                                                                      (4) transmission organizations;
                                                                                                     lished under subsection (b)(1) and the status
                                             for those communities exposed to extreme                                                                         (5) representatives of all sectors of the
                                                                                                     of the strategy developed under subsection
                                             weather conditions and high energy costs,                                                                      electric power industry;
                                             including electricity, space heating and cool-          (b)(2)(B).
                                                                                                                                                              (6) academic institutions;
                                             ing, and transportation.                                  (e) MUNICIPAL MICRO-GRID SYSTEMS.—                     (7) independent research institutes; and
                                                (C) Phase III, which shall be carried out in           (1) REPORT.—Not later than 270 days after              (8) other entities.
                                             parallel with Phase II and consist of the de-           the date of enactment of this Act, the Sec-              (d) EFFECT.—Nothing in this section grants
                                             velopment of an implementation strategy to              retary shall submit to the Committee on En-            any person a right to receive or review con-
                                             promote the development of micro-grid sys-              ergy and Natural Resources of the Senate               fidential, proprietary, or otherwise protected
                                             tems that increase the resilience of critical           and the Committee on Energy and Commerce               information concerning grid architecture or
                                             infrastructure.                                         of the House of Representatives a report on            scenarios.
                                                (D) Phase IV, which shall consist of cost-           the benefits of, and barriers to, imple-               SEC. 2214. VOLUNTARY MODEL PATHWAYS.
                                             shared demonstration projects, based upon               menting resilient micro-grid systems that                (a) ESTABLISHMENT OF VOLUNTARY MODEL
                                             the strategies developed under subparagraph             are—                                                   PATHWAYS.—
                                             (B) that include the development of physical              (A)(i) owned or operated by isolated com-              (1) ESTABLISHMENT.—Not later than 90 days
                                             and cybersecurity plans to take appropriate             munities or municipal governments; or                  after the date of enactment of this Act, the
                                             measures to protect and secure the electric               (ii) operated on behalf of municipal govern-         Secretary, in consultation with the steering
                                             grid.                                                   ments; and                                             committee established under paragraph (3),
                                                (E) Phase V, which shall establish a bene-             (B) designed to maximize the use of—                 shall initiate the development of voluntary
                                             fits analysis plan to help inform regulators,             (i) energy-generation facilities owned or            model pathways for modernizing the electric
                                             policymakers, and industry stakeholders                 operated by isolated communities; or                   grid through a collaborative, public-private
                                             about the affordability, environmental and                (ii) municipal energy-generation facilities.         effort that—
                                             resilience benefits associated with Phases II,            (2) GRANTS TO OVERCOME BARRIERS.—The                   (A) produces illustrative policy pathways




dlhill on DSKBBY8HB2PROD with SENATE
                                             III, and IV.                                            Secretary shall award grants of not more               encompassing a diverse range of technologies
                                                (3) REQUIREMENTS FOR STRATEGY.—In devel-             than $500,000 to not fewer than 10 municipal           that can be adapted for State and regional
                                             oping the strategy under paragraph (2)(B),              governments or isolated communities each               applications by regulators and policymakers;
                                             the Secretary shall consider—                           year to assist those municipal governments               (B) facilitates the modernization of the
                                                (A) establishing future targets for the eco-         and isolated communities in overcoming the             electric grid and associated communications
                                             nomic displacement of conventional genera-              barriers identified in the report under para-          networks to achieve the objectives described
                                             tion using hybrid micro-grid systems, includ-           graph (1).                                             in paragraph (2);




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                                             S1574                                             CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                               (C) ensures a reliable, resilient, affordable,          (3) identification of tools, resources, and          through 2216 $200,000,000 for each of fiscal
                                             safe, and secure electric grid; and                     deployment models that may enable im-                  years 2021 through 2029.
                                               (D) acknowledges and accounts for dif-                proved performance through the adoption of             SEC. 2218. STUDY ON THE IMPLEMENTATION OF
                                             ferent priorities, electric systems, and rate           emerging, commercially available or ad-                            MICROGRIDS IN WILDFIRE RISK
                                             structures across States and regions.                   vanced grid technologies or solutions, in-                         AREAS.
                                               (2) OBJECTIVES.—The pathways established              cluding—                                                 Not later than 180 days after the date of
                                             under paragraph (1) shall facilitate achieve-             (A) multicustomer micro-grids;                       enactment of this Act, the Secretary shall—
                                             ment of as many of the following objectives               (B) distributed energy resources;                      (1) conduct a study relating to the imple-
                                             as practicable:                                           (C) energy storage;                                  mentation of microgrids in wildfire risk
                                               (A) Near real-time situational awareness of             (D) electric vehicles;                               areas, including assessments of—
                                             the electric system.                                      (E) electric vehicle charging infrastruc-              (A) the means by which utilities can better
                                               (B) Data visualization.                               ture;                                                  plan for that implementation;
                                               (C) Advanced monitoring and control of                  (F) integrated information and commu-                  (B) any permitting changes at the local,
                                             the advanced electric grid.                             nications systems;                                     State, or Federal level that are necessary for
                                               (D) Enhanced certainty of policies for in-              (G) transactive energy systems; and                  that implementation; and
                                             vestment in the electric grid.                            (H) advanced demand management sys-                    (C) any other barriers to that implementa-
                                               (E) Increased innovation.                             tems; and                                              tion; and
                                               (F) Greater consumer empowerment.                       (4) the role of States and local regulatory            (2) make publicly available the results of
                                               (G) Enhanced grid resilience, reliability,            authorities in enabling a robust future elec-          the study conducted under paragraph (1).
                                             and robustness.                                         tric grid to ensure that—                              SEC. 2219. NET METERING STUDY AND EVALUA-
                                               (H) Improved—                                           (A) electric utilities remain financially                        TION.
                                               (i) integration of distributed energy re-             viable;                                                  (a) IN GENERAL.—Not later than 180 days
                                             sources;                                                  (B) electric utilities make the needed in-           after the date of enactment of this Act, the
                                               (ii) interoperability of the electric system;         vestments that ensure a reliable, secure, and          Secretary shall seek to enter into an agree-
                                             and                                                     resilient grid; and                                    ment with the National Academies of
                                               (iii) predictive modeling and capacity fore-            (C) costs incurred to transform to an inte-          Sciences, Engineering, and Medicine (re-
                                             casting.                                                grated grid are allocated and recovered re-            ferred to in this section as the ‘‘National
                                               (I) Reduced cost of service for consumers.            sponsibly, efficiently, and equitably.                 Academies’’) under which the National Acad-
                                               (J) Diversification of generation sources.            SEC. 2216. VOLUNTARY STATE, REGIONAL, AND              emies shall—
                                                                                                                 LOCAL ELECTRICITY DISTRIBUTION               (1) study the opportunities and challenges
                                               (3) STEERING COMMITTEE.—Not later than 90                         PLANNING.
                                             days after the date of enactment of this Act,                                                                  associated with net metering; and
                                                                                                       (a) IN GENERAL.—On the request of a State,             (2) evaluate the expected medium- and
                                             the Secretary shall establish a steering com-           regional organization, or electric utility, the
                                             mittee to help develop the pathways under                                                                      long-term impacts of net metering.
                                                                                                     Secretary shall provide assistance to States,            (b) ELEMENTS.—The study and evaluation
                                             paragraph (1), to be composed of members                regional organizations, and electric utilities
                                             appointed by the Secretary, consisting of                                                                      conducted pursuant to the agreement en-
                                                                                                     to facilitate the development of State, re-
                                             persons with appropriate expertise rep-                                                                        tered into under subsection (a) shall ad-
                                                                                                     gional, and local electricity distribution
                                             resenting a diverse range of interests in the                                                                  dress—
                                                                                                     plans by—
                                             public, private, and academic sectors, includ-                                                                   (1) developments in net metering, includ-
                                                                                                       (1) conducting a resource assessment and
                                             ing representatives of—                                 analysis of future demand and distribution             ing the emergence of new technologies;
                                               (A) the Federal Energy Regulatory Com-                requirements; and                                        (2) alternatives to existing metering sys-
                                             mission;                                                  (2) developing open source tools for State,          tems that—
                                               (B) the National Laboratories;                        regional, and local planning and operations.             (A) provide for transactions that—
                                               (C) States;                                             (b) RISK AND SECURITY ANALYSIS.—The as-                (i) measure electric energy consumption by
                                               (D) State regulatory authorities;                     sessment under subsection (a)(1) shall in-             an electric consumer at the home or facility
                                               (E) transmission organizations;                       clude—                                                 of that electric consumer; and
                                               (F) representatives of all sectors of the               (1) the evaluation of the physical security,           (ii) are capable of sending electric energy
                                             electric power industry;                                cybersecurity, and associated communica-               usage information through a communica-
                                               (G) institutions of higher education;                 tions needs of an advanced distribution man-           tions network to an electric utility;
                                               (H) independent research institutes; and              agement system and the integration of dis-               (B) promote equitable distribution of re-
                                               (I) other entities.                                   tributed energy resources; and                         sources and costs; and
                                               (b) TECHNICAL ASSISTANCE.—The Secretary                 (2) advanced use of grid architecture to               (C) provide incentives for the use of dis-
                                             may provide technical assistance to States,             analyze risks in an all-hazards approach that          tributed renewable generation;
                                             Indian Tribes, or units of local government             includes communications infrastructure,                  (3) net metering planning and operating
                                             to adopt or implement one or more elements              control systems architecture, and power sys-           techniques;
                                             of the pathways developed under subsection              tems architecture.                                       (4) effective architecture for net metering;
                                             (a)(1), including on a pilot basis.                       (c) DESIGNATION.—The information col-                  (5) successful net metering business mod-
                                             SEC. 2215. PERFORMANCE METRICS FOR ELEC-                lected for the assessment and analysis under           els;
                                                         TRICITY INFRASTRUCTURE  PRO-                subsection (a)(1)—                                       (6) consumer and industry incentives for
                                                         VIDERS.                                       (1) shall be considered to be critical elec-         net metering;
                                               (a) IN GENERAL.—Not later than 2 years                tric infrastructure information under section            (7) the role of renewable resources in the
                                             after the date of enactment of this Act, the            215A of the Federal Power Act (16 U.S.C.               electric grid;
                                             Secretary, in consultation with the steering            824o–1); and                                             (8) the role of net metering in developing
                                             committee       established   under     section           (2) shall only be released in compliance             future models for renewable infrastructure;
                                             2214(a)(3), shall submit to the Committee on            with regulations implementing that section.            and
                                             Energy and Natural Resources of the Senate                (d) TECHNICAL ASSISTANCE.—For the pur-                 (9) the use of battery storage with net me-
                                                                                                     pose of assisting in the development of State          tering.
                                             and the Committee on Energy and Commerce
                                                                                                     and regional electricity distribution plans,             (c) REPORT.—
                                             of the House of Representatives a report that
                                                                                                     the Secretary shall provide technical assist-            (1) IN GENERAL.—The agreement entered
                                             includes—
                                                                                                     ance to—                                               into under subsection (a) shall require the
                                               (1) an evaluation of the performance of the
                                                                                                       (1) States;                                          National Academies to submit to the Sec-
                                             electric grid as of the date of the report; and
                                                                                                       (2) regional reliability entities; and               retary, not later than 2 years after entering
                                               (2) a description of the projected range of
                                                                                                       (3) other distribution asset owners and op-          into the agreement, a report that describes
                                             measurable costs and benefits associated
                                                                                                     erators.                                               the results of the study and evaluation con-
                                             with the changes evaluated under the sce-                 (e) WITHDRAWAL.—A State or any entity
                                             narios developed under section 2213.                                                                           ducted pursuant to the agreement.
                                                                                                     that has requested technical assistance                  (2) PUBLIC AVAILABILITY.—The report sub-
                                               (b) CONSIDERATIONS FOR DEVELOPMENT OF                 under this section may withdraw the request            mitted under paragraph (1) shall be made
                                             METRICS.—In developing metrics for the                  for technical assistance at any time, and on           available to the public through electronic
                                             evaluation and projections under subsection             such withdrawal, the Secretary shall termi-            means, including the internet.
                                             (a), the Secretary shall consider—                      nate all assistance efforts.
                                               (1) standard methodologies for calculating              (f) EFFECT.—Nothing in this section au-                    Subtitle C—Workforce Development
                                             improvements or deteriorations in the per-              thorizes the Secretary to require any State,           SEC. 2301. DEFINITIONS.




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                                             formance metrics, such as reliability, grid             regional organization, regional reliability              In this subtitle:
                                             efficiency, power quality, consumer satisfac-           entity, asset owner, or asset operator to                (1) WIOA TERMS.—The terms ‘‘community-
                                             tion, sustainability, and financial incentives;         adopt any model, tool, plan, analysis, or as-          based organization’’, ‘‘economic development
                                               (2) standard methodologies for calculating            sessment.                                              agency’’, ‘‘recognized postsecondary creden-
                                             potential costs and measurable benefits                 SEC. 2217. AUTHORIZATION OF APPROPRIATIONS.            tial’’, and ‘‘State’’ have the meanings given
                                             value to ratepayers, applying the perform-                There is authorized to be appropriated to            the terms in section 3 of the Workforce Inno-
                                             ance metrics developed under paragraph (1);             the Secretary to carry out sections 2211               vation and Opportunity Act (29 U.S.C. 3102).




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1575
                                                (2) APPRENTICESHIP PROGRAM.—The term                    (12) MINORITY-SERVING INSTITUTION.—The                ‘‘(B) specify a maximum amount of reason-
                                             ‘‘apprenticeship program’’ means an appren-             term ‘‘minority-serving institution’’ means            able compensation for the category of em-
                                             ticeship registered under the Act of August             an institution of higher education eligible to         ployees or other personnel;
                                             16, 1937 (commonly known as the ‘‘National              receive funds under section 320 or 371(a) of             ‘‘(C) be valid for a 5-year period beginning
                                             Apprenticeship Act’’) (50 Stat. 664, chapter            the Higher Education Act of 1965 (20 U.S.C.            on the date on which the certification is
                                             663; 29 U.S.C. 50 et seq.), including, as in ef-        1059g, 1067q(a)).                                      issued;
                                             fect on December 30, 2019, any requirement,                (13)     PREAPPRENTICESHIP.—The         term          ‘‘(D) be no broader than necessary to
                                             standard, or rule promulgated under that                ‘‘preapprenticeship’’, used with respect to a          achieve the objective of retaining or attract-
                                             Act.                                                    program, means an initiative or set of strat-          ing employees and other personnel to allow
                                                (3) AREA CAREER AND TECHNICAL EDUCATION              egies that—                                            the Commission to carry out the functions of
                                             SCHOOL.—The term ‘‘area career and tech-                   (A) is designed to prepare participants to          the Commission in a timely, efficient, and
                                             nical education school’’ has the meaning                enter an apprenticeship program;                       effective manner; and
                                             given the term in section 3 of the Carl D.                 (B) is carried out by an eligible sponsor             ‘‘(E) include an explanation for why the
                                             Perkins Career and Technical Education Act              that has a documented partnership with 1 or            other approaches available to the Chairman
                                             of 2006 (20 U.S.C. 2302).                               more sponsors of apprenticeship programs;              for retaining and attracting employees and
                                                (4) BOARD.—The term ‘‘Board’’ means the              and                                                    other personnel are inadequate.
                                             21st Century Energy Workforce Advisory                     (C) includes each of the following:                   ‘‘(3) RENEWAL.—
                                             Board established under section 2304(a).                   (i) Training (including a curriculum for the          ‘‘(A) IN GENERAL.—Not later than 90 days
                                                                                                     training) aligned with industry standards re-          before the date of expiration of a certifi-
                                                (5) COVERED FACILITY OF THE NATIONAL NU-
                                                                                                     lated to an apprenticeship program and re-             cation issued under paragraph (1), the Chair-
                                             CLEAR SECURITY ADMINISTRATION.—The term
                                                                                                     viewed and approved annually by sponsors of            man shall determine whether the certifi-
                                             ‘‘covered facility of the National Nuclear Se-
                                                                                                     the apprenticeship program within the docu-            cation should be renewed for a subsequent 5-
                                             curity Administration’’ means a national se-
                                                                                                     mented partnership that will prepare partici-          year period.
                                             curity laboratory or a nuclear weapons pro-
                                                                                                     pants by teaching the skills and com-                    ‘‘(B) REQUIREMENT.—If the Chairman deter-
                                             duction facility (as those terms are defined
                                                                                                     petencies needed to enter 1 or more appren-            mines that a certification should be renewed
                                             in section 4002 of the Atomic Energy Defense                                                                   under subparagraph (A), the Chairman may
                                             Act (50 U.S.C. 2501)).                                  ticeship programs.
                                                                                                        (ii) Hands-on training and theoretical edu-         renew the certification, subject to the cer-
                                                (6) ELIGIBLE SPONSOR.—The term ‘‘eligible                                                                   tification requirements under paragraph (2)
                                             sponsor’’ means a public organization or an             cation for participants that does not displace
                                                                                                     a paid employee.                                       that were applicable to the initial certifi-
                                             organization described in section 501(c) of                                                                    cation.
                                             the Internal Revenue Code of 1986 and ex-                  (iii) A formal agreement with a sponsor of
                                                                                                     an apprenticeship program that would enable              ‘‘(4) NEW HIRES.—
                                             empt from tax under section 501(a) of that                                                                       ‘‘(A) IN GENERAL.—An employee or other
                                             Code, that—                                             participants who successfully complete the
                                                                                                     preapprenticeship program—                             personnel that is a member of a category of
                                                (A) with respect to an apprenticeship pro-                                                                  employees or other personnel that would
                                             gram, administers such program through a                   (I) to enter directly into the apprenticeship
                                                                                                     program if a place in the program is avail-            have been covered by a certification issued
                                             partnership that may include—                                                                                  under paragraph (1), but was hired during a
                                                (i) a business;                                      able and if the participant meets the quali-
                                                                                                                                                            period in which the certification has expired
                                                (ii) an employer or industry association;            fications of the apprenticeship program; and
                                                                                                                                                            and has not been renewed under paragraph
                                                (iii) a labor-management organization;                  (II) to earn credits towards the apprentice-
                                                                                                                                                            (3) shall not be eligible for compensation at
                                                (iv) a local workforce development board             ship program.
                                                                                                                                                            the level that would have applied to the em-
                                             or State workforce development board;                      (14) SECONDARY SCHOOL.—The term ‘‘sec-
                                                                                                                                                            ployee or other personnel if the certification
                                                (v) a 2- or 4-year institution of higher edu-        ondary school’’ has the meaning given the
                                                                                                                                                            had been in effect on the date on which the
                                             cation that offers an educational program               term in section 8101 of the Elementary and
                                                                                                                                                            employee or other personnel was hired.
                                             leading to an associate’s or bachelor’s degree          Secondary Education Act of 1965 (20 U.S.C.
                                                                                                                                                              ‘‘(B) COMPENSATION OF NEW HIRES ON RE-
                                             in conjunction with a certificate of comple-            7801).
                                                                                                                                                            NEWAL.—On renewal of a certification under
                                             tion of apprenticeship;                                    (15)    STATE    WORKFORCE      DEVELOPMENT
                                                                                                                                                            paragraph (3), the Chairman may fix the
                                                (vi) the Armed Forces (including the Na-             BOARD.—The term ‘‘State workforce develop-
                                                                                                                                                            compensation of the employees or other per-
                                             tional Guard and Reserves);                             ment board’’ has the meaning given the term            sonnel described in subparagraph (A) at the
                                                (vii) a community-based organization;                ‘‘State board’’ in section 3 of the Workforce          level established for the category of employ-
                                                (viii) a labor organization with significant         Innovation and Opportunity Act (29 U.S.C.              ees or other personnel in the certification.
                                             energy experience; or                                   3102).                                                   ‘‘(5) RETENTION OF LEVEL OF FIXED COM-
                                                (ix) an economic development agency; and                (16) TRIBAL ORGANIZATION.—The term ‘‘trib-          PENSATION.—A category of employees or
                                                (B) with respect to a preapprenticeship              al organization’’ has the meaning given the            other personnel, the compensation of which
                                             program, is a local educational agency, a               term in section 3765 of title 38, United States        was fixed by the Chairman in accordance
                                             secondary school, an area career and tech-              Code.                                                  with paragraph (1), may, at the discretion of
                                             nical education school, a State workforce de-           SEC.   2302.   ADDRESSING INSUFFICIENT COM-            the Chairman, have the level of fixed com-
                                             velopment board, a local workforce develop-                            PENSATION OF EMPLOYEES AND              pensation for the category of employees or
                                             ment board, a labor organization, or a com-                            OTHER PERSONNEL OF THE FED-             other personnel retained, regardless of
                                             munity-based organization, that administers                            ERAL ENERGY REGULATORY COM-             whether a certification described under that
                                                                                                                    MISSION.
                                             such program with any required coordina-                                                                       paragraph is in effect with respect to the
                                             tion and necessary approvals from the Sec-                (a) IN GENERAL.—Section 401 of the Depart-           compensation of the category of employees
                                             retary of Labor or a State department of                ment of Energy Organization Act (42 U.S.C.             or other personnel.
                                             labor.                                                  7171) is amended by adding at the end the fol-           ‘‘(6) CONSULTATION REQUIRED.—The Chair-
                                                (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’          lowing:                                                man shall consult with the Director of the
                                             has the meaning given the term in section 4               ‘‘(k) ADDRESSING INSUFFICIENT COMPENSA-              Office of Personnel Management in imple-
                                             of the Indian Self-Determination and Edu-               TION OF EMPLOYEES AND OTHER PERSONNEL OF               menting this subsection, including in the de-
                                             cation Assistance Act (25 U.S.C. 5304).                 THE COMMISSION.—                                       termination of the amount of compensation
                                                (8) INSTITUTION OF HIGHER EDUCATION.—The               ‘‘(1) IN GENERAL.—Notwithstanding any                with respect to each category of employees
                                             term ‘‘institution of higher education’’ has            other provision of law, if the Chairman pub-           or other personnel.
                                             the meaning given the term in section 101               licly certifies that compensation for a cat-             ‘‘(7) EXPERTS AND CONSULTANTS.—
                                             and subparagraphs (A) and (B) of section                egory of employees or other personnel of the             ‘‘(A) IN GENERAL.—Subject to subparagraph
                                             102(a)(1) of the Higher Education Act of 1965           Commission is insufficient to retain or at-            (B), the Chairman may—
                                             (20 U.S.C. 1001, 1002(a)(1)).                           tract employees and other personnel to allow             ‘‘(i) obtain the services of experts and con-
                                                (9) LABOR ORGANIZATION.—The term ‘‘labor             the Commission to carry out the functions of           sultants in accordance with section 3109 of
                                             organization’’ has the meaning given the                the Commission in a timely, efficient, and             title 5, United States Code;
                                             term in section 2 of the National Labor Rela-           effective manner, the Chairman may fix the               ‘‘(ii) compensate those experts and consult-
                                             tions Act (29 U.S.C. 152).                              compensation for the category of employees             ants for each day (including travel time) at
                                                (10) LOCAL EDUCATIONAL AGENCY.—The term              or other personnel without regard to chapter           rates not in excess of the rate of pay for level
                                             ‘‘local educational agency’’ has the meaning            51 and subchapter III of chapter 53 of title 5,        IV of the Executive Schedule under section
                                             given the term in section 8101 of the Elemen-           United States Code, or any other civil serv-           5315 of that title; and
                                             tary and Secondary Education Act of 1965 (20            ice law.                                                 ‘‘(iii) pay to the experts and consultants




dlhill on DSKBBY8HB2PROD with SENATE
                                             U.S.C. 7801).                                             ‘‘(2) CERTIFICATION REQUIREMENTS.—A cer-             serving away from the homes or regular
                                                (11)    LOCAL    WORKFORCE     DEVELOPMENT           tification issued under paragraph (1) shall—           places of business of the experts and consult-
                                             BOARD.—The term ‘‘local workforce develop-                ‘‘(A) apply with respect to a category of            ants travel expenses and per diem in lieu of
                                             ment board’’ has the meaning given the term             employees or other personnel responsible for           subsistence at rates authorized by sections
                                             ‘‘local board’’ in section 3 of the Workforce           conducting work of a scientific, techno-               5702 and 5703 of that title for persons in Gov-
                                             Innovation and Opportunity Act (29 U.S.C.               logical, engineering, or mathematical na-              ernment service employed intermittently.
                                             3102).                                                  ture;                                                    ‘‘(B) LIMITATIONS.—The Chairman shall—




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                                             S1576                                             CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                               ‘‘(i) to the maximum extent practicable,              15 members, with the initial members of the            report is submitted to the Secretary under
                                             limit the use of experts and consultants pur-           Board to be appointed by the Secretary not             subparagraph (A), the Secretary shall—
                                             suant to subparagraph (A); and                          later than 1 year after the date of enactment            (i) submit to the Board a response to the
                                               ‘‘(ii) ensure that the employment contract            of this Act.                                           report that—
                                             of each expert and consultant employed pur-               (2) REQUIREMENT.—The Board shall include               (I) describes whether the Secretary ap-
                                             suant to subparagraph (A) is subject to re-             not fewer than 1 representative of a labor or-         proves or disapproves of each recommenda-
                                             newal not less frequently than annually.’’.             ganization with significant energy experi-             tion of the Board under subparagraph (A);
                                               (b) REPORTS.—                                         ence who has been nominated by a national              and
                                               (1) IN GENERAL.—Not later than 1 year after           labor federation.                                        (II) if the Secretary approves of a rec-
                                             the date of enactment of this Act, and every              (3) QUALIFICATIONS.—Each individual ap-              ommendation, provides an implementation
                                             2 years thereafter for 10 years, the Chairman           pointed to the Board under paragraph (1)               plan for the recommendation; and
                                             of the Federal Energy Regulatory Commis-                shall have expertise in—                                 (ii) submit to Congress—
                                             sion shall submit to the Committee on En-                 (A) the field of economics or workforce de-            (I) the report of the Board under subpara-
                                             ergy and Commerce of the House of Rep-                  velopment;                                             graph (A); and
                                             resentatives and the Committee on Energy                  (B) relevant traditional energy industries             (II) the response of the Secretary under
                                             and Natural Resources of the Senate a report            or clean energy industries;                            clause (i).
                                             on information relating to hiring, vacancies,             (C) secondary or postsecondary education;              (C) PUBLIC AVAILABILITY OF REPORT.—
                                             and compensation at the Federal Energy                    (D) energy workforce development or ap-                (i) IN GENERAL.—The Board shall make
                                             Regulatory Commission.                                  prenticeship programs of States or units of            each report under subparagraph (A) available
                                               (2) INCLUSIONS.—Each report under para-               local government;                                      to the public on the earlier of—
                                             graph (1) shall include—                                  (E) relevant organized labor organizations;            (I) the date on which the Board receives
                                               (A) an analysis of any trends with respect            or                                                     the response of the Secretary under subpara-
                                             to hiring, vacancies, and compensation at                 (F) bringing underrepresented groups, in-            graph (B)(i); and
                                             the Federal Energy Regulatory Commission;               cluding racial and ethnic minorities, women,             (II) the date that is 90 days after the date
                                             and                                                     veterans, and socioeconomically disadvan-              on which the Board submitted the report to
                                               (B) a description of the efforts to retain            taged individuals, into the workforce.                 the Secretary.
                                             and attract employees or other personnel re-              (4) LIMITATION.—No individual shall be ap-             (ii) REQUIREMENT.—If the Board has re-
                                             sponsible for conducting work of a scientific,          pointed to the Board who is an employee or             ceived a response to a report from the Sec-
                                             technological, engineering, or mathematical             a board member of an entity applying for a             retary under subparagraph (B)(i), the Board
                                             nature at the Federal Energy Regulatory                                                                        shall make that response publicly available
                                                                                                     grant under section 2305 or 2306.
                                             Commission.                                                                                                    with the applicable report.
                                               (c) APPLICABILITY.—The amendment made                   (c) ADVISORY BOARD REVIEW AND REC-                     (d) ENERGY JOBS SURVEY AND ANALYSIS.—
                                             by subsection (a) shall apply beginning on              OMMENDATIONS.—                                           (1) IN GENERAL.—The Secretary, acting
                                             the date that is 30 days after the date of en-            (1) DETERMINATION BY BOARD.—In devel-                through the Administrator of the Energy In-
                                             actment of this Act.                                    oping the strategy required under subsection           formation Administration, shall—
                                             SEC. 2303. REPORT ON THE AUTHORITY OF THE               (a), the Board shall—                                    (A) conduct a voluntary survey of employ-
                                                         SECRETARY TO IMPLEMENT FLEXI-                 (A) determine whether there are opportuni-           ers in the energy, energy efficiency, and
                                                         BLE COMPENSATION MODELS.                    ties to more effectively and efficiently use           motor vehicle sectors of the economy of the
                                               Not later than 180 days after the date of             the capabilities of the Department in the de-          United States; and
                                             enactment of this Act, the Secretary shall              velopment of a skilled energy workforce;                 (B) perform an analysis of the employment
                                             submit to Congress a report examining the                 (B) identify ways in which the Department            figures and demographics in those sectors,
                                             full scope of the hiring authority made avail-          could work with other relevant Federal                 including the number of personnel in each
                                             able to the Secretary by the Office of Per-             agencies, States, units of local government,           sector who devote a substantial portion of
                                             sonnel Management to implement flexible                 institutions of higher education, labor orga-          working hours, as determined by the Sec-
                                             compensation models, including pay for per-             nizations, Indian tribes and tribal organiza-          retary, to compliance matters.
                                             formance and pay banding, throughout the                tions, and industry in the development of a              (2) METHODOLOGY.—In conducting the sur-
                                             Department, including at the National Lab-              skilled energy workforce;                              vey and analysis under paragraph (1), the
                                             oratories, for the purposes of hiring, recruit-           (C) identify ways in which the Department            Secretary shall employ a methodology
                                             ing, and retaining employees responsible for            and National Laboratories can—                         that—
                                             conducting work of a scientific, techno-                  (i) increase outreach to minority-serving              (A) was approved in 2016 by the Office of
                                             logical, engineering, or mathematical na-               institutions; and                                      Management and Budget for use in the docu-
                                             ture.
                                                                                                       (ii) make resources available to increase            ment entitled ‘‘OMB Control Number 1910–
                                             SEC. 2304. 21ST CENTURY ENERGY WORKFORCE
                                                                                                     the number of skilled minorities and women             5179’’;
                                                         ADVISORY BOARD.
                                                                                                     trained to go into the energy- and manufac-              (B) uses a representative, stratified sam-
                                               (a) ESTABLISHMENT.—The Secretary shall
                                                                                                     turing-related sectors;                                pling of businesses in the United States; and
                                             establish a board, to be known as the ‘‘21st
                                             Century Energy Workforce Advisory Board’’,                (iii) increase outreach to displaced and un-           (C) is designed to elicit a comparable num-
                                             to develop a strategy for the Department                employed energy sector workers; and                    ber of responses from businesses in each
                                             that, with respect to the role of the Depart-             (iv) make resources available to provide             State and with the same North American In-
                                             ment in the support and development of a                training to displaced and unemployed energy            dustry Classification System codes as were
                                             skilled energy workforce—                               sector workers to reenter the energy work-             received for the 2016 and 2017 reports entitled
                                               (1) meets the current and future industry             force; and                                             ‘‘U.S. Energy and Employment Report’’.
                                             and labor needs of the energy sector;                     (D)(i) identify the energy sectors in great-           (3) CONSULTATION.—In conducting the sur-
                                               (2) provides opportunities for students to            est need of workforce training; and                    vey and analysis under paragraph (1), the
                                             become qualified for placement in tradi-                  (ii) in consultation with the Secretary of           Secretary shall consult with key stake-
                                             tional energy sector and clean energy sector            Labor, develop guidelines for the skills nec-          holders, including—
                                             jobs;                                                   essary to develop a workforce trained to                 (A) as the Secretary determines to be ap-
                                               (3) identifies areas in which the Depart-             work in those energy sectors.                          propriate, the heads of relevant Federal
                                             ment can effectively utilize the technical ex-            (2) REQUIRED ANALYSIS.—In developing the             agencies and offices, including—
                                             pertise of the Department to support the                strategy required under subsection (a), the              (i) the Secretary of Commerce;
                                             workforce activities of other Federal agen-             Board shall analyze the effectiveness of—                (ii) the Secretary of Transportation;
                                             cies;                                                     (A) existing Department-directed support;              (iii) the Director of the Bureau of the Cen-
                                               (4) strengthens and engages the workforce             and                                                    sus;
                                             training programs of the Department and                   (B) developing energy workforce training               (iv) the Commissioner of the Bureau of
                                             the National Laboratories in carrying out               programs.                                              Labor Statistics; and
                                             the Minorities in Energy Initiative of the                (3) REPORT.—                                           (v) the Administrator of the Environ-
                                             Department and other Department work-                     (A) IN GENERAL.—Not later than 1 year                mental Protection Agency;
                                             force priorities;                                       after the date on which the Board is estab-              (B) officials of State agencies responsible
                                               (5) develops plans to support and retrain             lished under this section, and biennially              for maintaining State employment data;
                                             displaced and unemployed energy sector                  thereafter until the date on which the Board             (C) the State Energy Advisory Board estab-
                                             workers; and                                            is terminated under subsection (g), the Board          lished by section 365(g) of the Energy Policy
                                               (6) prioritizes education and job training            shall submit to the Secretary a report con-            and Conservation Act (42 U.S.C. 6325(g));




dlhill on DSKBBY8HB2PROD with SENATE
                                             for underrepresented groups, including racial           taining, with respect to the strategy re-                (D) energy industry trade associations; and
                                             and ethnic minorities, Indian tribes, women,            quired under subsection (a)—                             (E) labor organizations with significant en-
                                             veterans, and socioeconomically disadvan-                 (i) the findings of the Board; and                   ergy experience.
                                             taged individuals.                                        (ii) the proposed energy workforce strategy            (e) REPORTS BY THE SECRETARY.—
                                               (b) MEMBERSHIP.—                                      of the Board.                                            (1) REPORT ON WORKFORCE BOARD.—Not
                                               (1) IN GENERAL.—The Board shall be com-                 (B) RESPONSE OF THE SECRETARY.—Not                   later than 180 days before the date of expira-
                                             posed of not fewer than 10 and not more than            later than 60 days after the date on which a           tion of a term of the Board under subsection




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1577
                                             (g), the Secretary shall submit to the Com-               (3) encourage the energy industry to im-             prenticeship programs to careers relevant to
                                             mittees on Energy and Natural Resources                 prove the opportunities for students of mi-            such programs.
                                             and Appropriations of the Senate and the                nority-serving institutions, veterans, and               (d) APPLICATIONS.—An eligible entity desir-
                                             Committees on Energy and Commerce and                   displaced and unemployed energy workers to             ing a grant under this section shall submit
                                             Appropriations of the House of Representa-              participate          in          internships,          to the Secretary an application at such time,
                                             tives a report that—                                    preapprenticeships, and cooperative work-              in such manner, and containing such infor-
                                               (A) describes the effectiveness and accom-            study programs in the energy industry; and             mation as the Secretary may require.
                                             plishments of the Board during the applica-               (4) work with the National Laboratories to             (e) PRIORITY.—In selecting eligible entities
                                             ble term;                                               increase the participation of underrep-                to receive grants under this section, the Sec-
                                               (B) contains a determination of the Sec-              resented groups, veterans, and displaced and           retary shall prioritize applicants that—
                                             retary as to whether the Board should be re-            unemployed energy workers in internships,                (1) house the preapprenticeship or appren-
                                             newed; and                                              fellowships, training programs, and employ-            ticeship programs in an institution of higher
                                               (C) if the Secretary determines that the              ment at the National Laboratories.                     education that includes basic science and
                                             Board should be renewed, any recommenda-                  (g) TERM.—                                           math education in the curriculum of the in-
                                             tions as to whether and how the scope and                 (1) IN GENERAL.—Subject to paragraph (2),            stitution of higher education;
                                             functions of the Board should be modified.              the Board shall terminate on September 30,               (2) work with the Secretary of Defense and
                                               (2) ENERGY AND EMPLOYMENT REPORT.—                    2025.                                                  the Secretary of Veterans Affairs or veteran
                                               (A) IN GENERAL.—Not later than 1 year                   (2) EXTENSIONS.—The Secretary may renew              service organizations recognized by the Sec-
                                             after the date of enactment of this Act, and            the Board for 1 or more 5-year periods by              retary of Veterans Affairs under section 5902
                                             annually thereafter, the Secretary shall—               submitting, not later than the date described          of title 38, United States Code, to transition
                                               (i) make publicly available on the website            in subsection (e)(1), a report described in            members of the Armed Forces and veterans
                                             of the Department a report, to be entitled              that subsection that contains a determina-             to careers in the energy sector;
                                             the ‘‘U.S. Energy and Employment Report’’,              tion by the Secretary that the Board should              (3) work with—
                                             describing the employment figures and de-               be renewed.                                              (A) Indian tribes;
                                             mographics in the energy, energy efficiency,                                                                     (B) tribal organizations; and
                                                                                                     SEC. 2305. NATIONAL LABORATORY JOBS ACCESS
                                             and motor vehicle sectors of the United                             PILOT PROGRAM.                               (C) Native American veterans (as defined
                                             States based on the survey and analysis con-                                                                   in section 3765 of title 38, United States
                                                                                                       (a) IN GENERAL.—Not later than 1 year
                                             ducted under subsection (d); and                                                                               Code), including veterans who are descend-
                                                                                                     after the date of enactment of this Act, the
                                               (ii) subject to the requirements of the Con-                                                                 ants of Natives (as defined in section 3 of the
                                                                                                     Secretary, in consultation with the Sec-
                                             fidential Information Protection and Statis-
                                                                                                     retary of Labor, shall establish a pilot pro-          Alaska Native Claims Settlement Act (43
                                             tical Efficiency Act of 2002 (44 U.S.C. 3501
                                                                                                     gram to award, on a competitive basis,                 U.S.C. 1602));
                                             note; Public Law 107–347), make the data col-
                                                                                                     grants to eligible entities described in sub-            (4) apply as a State or regional consortia
                                             lected under subsection (d) publicly available
                                                                                                     section (c) for the Federal share of the costs         to leverage best practices already available
                                             on the website of the Department.
                                                                                                     of technical, skills-based preapprenticeship           in the State or region in which an institu-
                                               (B) CONTENTS.—
                                                                                                     and apprenticeship programs that provide               tion of higher education is located;
                                               (i) IN GENERAL.—The report under subpara-
                                                                                                     employer-driven or recognized postsecondary              (5) have a State-supported entity included
                                             graph (A) shall include employment figures
                                                                                                     credentials.                                           in the consortium applying for the grant;
                                             and demographic data for—
                                                                                                       (b) REQUIREMENTS.—A program funded by a                (6) provide support services and career
                                               (I) the energy sector of the economy of the
                                             United States, including—                               grant awarded under this section shall de-             coaching;
                                               (aa) the electric power generation and                velop and deliver customized and com-                    (7) provide introductory energy workforce
                                             fuels sectors; and                                      petency-based training that—                           development training;
                                               (bb) the transmission, storage, and dis-                (1) is focused on skills and qualifications            (8) work with minority-serving institutions
                                             tribution sectors;                                      needed to meet the immediate and on-going              to provide job training to increase the num-
                                               (II) the energy efficiency sector of the              needs of traditional and emerging technician           ber of skilled minorities and women in the
                                             economy of the United States; and                       positions (including machinists and cyber se-          energy sector; or
                                               (III) the motor vehicle sector of the econ-           curity technicians) at the National Labora-              (9) provide job training for displaced and
                                             omy of the United States.                               tories and covered facilities of the National          unemployed workers in the energy sector.
                                               (ii) INCLUSION.—With respect to each sector           Nuclear Security Administration;                         (f) ADDITIONAL CONSIDERATION.—In making
                                             described in clause (i), the report under sub-            (2) creates an apprenticeship program or             grants under this section, the Secretary
                                             paragraph (A) shall include employment fig-             preapprenticeship partnership with a Na-               shall consider regional diversity.
                                             ures and demographic data sorted by—                    tional Laboratory or covered facility of the             (g) LIMITATION ON APPLICATIONS.—An eligi-
                                               (I) each technology, subtechnology, and               National Nuclear Security Administration;              ble entity may not submit, either individ-
                                             fuel type of those sectors; and                         and                                                    ually or as part of a joint application, more
                                               (II) subject to the requirements of the Con-            (3) creates an apprenticeship program or             than 1 application for a grant under this sec-
                                             fidential Information Protection and Statis-            preapprenticeship program with the Sec-                tion during any 1 fiscal year.
                                             tical Efficiency Act of 2002 (44 U.S.C. 3501            retary of Labor or a State department of                 (h) LIMITATIONS ON AMOUNT OF GRANT.—
                                             note; Public Law 107–347)—                              labor in coordination with a National Lab-             The amount of an individual grant for any
                                               (aa) each State;                                      oratory or covered facility of the National            24-month period shall not exceed $500,000.
                                               (bb) each territory of the United States;             Nuclear Security Administration.                         (i) FEDERAL SHARE.—The Federal share of
                                               (cc) the District of Columbia; and                      (c) ELIGIBLE ENTITIES.—To be eligible to             the cost of a preapprenticeship or appren-
                                               (dd) to the maximum extent practicable,               receive a grant under this section, an entity          ticeship program carried out using a grant
                                             each county (or equivalent jurisdiction) in             shall be an eligible sponsor that—                     under this section shall be not greater than
                                             the United States.                                        (1) demonstrates experience in imple-                50 percent.
                                               (f) OUTREACH TO MINORITY-SERVING INSTI-               menting and operating apprenticeship pro-                (j) REPORT.—Not later than 1 year after the
                                             TUTIONS, VETERANS, AND DISPLACED AND UN-                grams or preapprenticeship programs;                   date on which the first grant is awarded
                                             EMPLOYED ENERGY WORKERS.—In developing                    (2)(A) has a relationship with a National            under this section, and annually thereafter
                                             the strategy under subsection (a), the Board            Laboratory or covered facility of the Na-              for 5 years, the Secretary shall submit to
                                             shall—                                                  tional Nuclear Security Administration;                Congress and make publicly available on the
                                               (1) give special consideration to increasing            (B) has knowledge of technician workforce            website of the Department a report on the
                                             outreach to minority-serving institutions,              needs of such laboratory or facility and the           pilot program established under this section,
                                             veterans, and displaced and unemployed en-              associated security requirements of such lab-          including a description of—
                                             ergy workers;                                           oratory or facility; and                                 (1) the entities receiving grants;
                                               (2) make resources available to—                        (C) is eligible to enter into an agreement             (2) the activities carried out using the
                                               (A) minority-serving institutions, with the           with such laboratory or facility that would            grants;
                                             objective of increasing the number of skilled           be paid for in part or entirely from grant               (3) best practices used to leverage the in-
                                             minorities and women trained to go into the             funds received under this section;                     vestment of the Federal Government; and
                                             energy and manufacturing sectors;                         (3) demonstrates the ability to recruit and            (4) an assessment of the results achieved
                                               (B) institutions that serve veterans, with            support individuals who plan to work in the            by the pilot program, including the rate of
                                             the objective of increasing the number vet-             energy industry in the successful completion           employment at the National Laboratories
                                             erans in the energy industry by ensuring                of relevant job training and education pro-            for    participants    after    completing    a




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                                             that veterans have the credentials and train-           grams;                                                 preapprenticeship or apprenticeship program
                                             ing necessary to secure careers in the energy             (4) provides students who complete a pro-            carried out using a grant awarded under this
                                             industry; and                                           gram funded by a grant awarded under this              section.
                                               (C) institutions that serve displaced and             section with a recognized postsecondary cre-             (k) AUTHORIZATION OF APPROPRIATIONS.—
                                             unemployed energy workers to increase the               dential; and                                           There is authorized to be appropriated to
                                             number of individuals trained for jobs in the             (5) demonstrates successful outcomes con-            carry out this section $5,000,000 for each of
                                             energy industry;                                        necting graduates of preapprenticeship or ap-          fiscal years 2021 through 2025.




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                                             S1578                                             CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                             SEC. 2306. CLEAN ENERGY WORKFORCE PILOT                   (A) IN GENERAL.—An eligible entity shall             ergy-Ready Vets Program’’, to prepare eligi-
                                                         PROGRAM.                                    use a grant received under the pilot program           ble participants for careers in the energy in-
                                                (a) DEFINITIONS.—In this section:                    to pay the Federal share of the cost of—               dustry.
                                                (1) COMMUNITY PARTNERSHIP.—The term                    (i) providing on-the-job training for an em-           (2) IMPLEMENTATION.—The Secretary shall
                                             ‘‘community partnership’’ includes a non-               ployee, in accordance with subparagraph (B);           ensure that the program is implemented by
                                             profit organization or qualified youth or con-          or                                                     an administrator, to be appointed by the
                                             servation corps that provides training to in-             (ii) in the case of a preapprenticeship pro-         Secretary from among individuals with expe-
                                             dividuals to work for an eligible entity that           gram—                                                  rience relating to military service.
                                             is a business, or works on behalf of an eligi-            (I) recruiting minorities, women, and vet-             (c) ADMINISTRATION OF PROGRAM.—
                                             ble entity that is a business.                          erans for training;                                      (1) IN GENERAL.—The Secretary, in partner-
                                                (2) ELIGIBLE ENTITY.—The term ‘‘eligible               (II) supporting those individuals in the suc-        ship with the Secretary of Defense, shall
                                             entity’’ means a business, labor organiza-              cessful completion of the preapprenticeship            carry out the program through the
                                             tion, or community partnership that—                    program; and                                           SkillBridge program of the Department of
                                                (A)(i) is directly involved with energy effi-          (III) carrying out any other activity of the         Defense, under which the Secretary shall
                                             ciency, renewable energy technology, or re-             preapprenticeship program, as determined to            provide standardized training courses, based,
                                             duction in greenhouse gas emissions, as de-             be appropriate by the Secretary of Labor, in           to the maximum extent practicable, on ex-
                                             termined by the Secretary of Labor in con-              consultation with the Secretary.                       isting industry-recognized certification and
                                             sultation with the Secretary; or                          (B) FEDERAL SHARE AMOUNT.—The Federal                training programs, to prepare eligible par-
                                                (ii) works on behalf of a business or com-           share described in subparagraph (A) shall not          ticipants in the program for careers in the
                                             munity partnership that is directly involved            exceed—                                                energy industry, including—
                                             with energy efficiency, renewable energy                  (i) for activities described in clause (i) of          (A) careers in low-carbon emissions sectors
                                             technology, or reduction in greenhouse gas              that subparagraph—                                     of the energy industry, including the solar
                                             emissions, as determined by the Secretary of              (I) in the case of an eligible entity with 20        sector, the wind sector, and other sectors
                                             Labor in consultation with the Secretary; or            or fewer employees, 45 percent of the cost of          identified by the Secretary;
                                                (B) provides services related to—                    on-the-job-training for an employee;                     (B) careers in the cybersecurity sector of
                                                (i) energy efficiency and renewable energy             (II) in the case of an eligible entity with          the energy industry, including careers in—
                                             technology deployment and maintenance;                  not fewer than 21 employees and not more                 (i) cybersecurity preparedness;
                                                (ii) grid modernization; or                          than 99 employees, 37.5 percent of the cost of           (ii) cyber incident response and recovery;
                                                (iii) reduction in greenhouse gas emissions          on-the-job-training for an employee; and                 (iii) grid modernization, security, and
                                             through the use of other low-carbon tech-                 (III) in the case of an eligible entity with         maintenance; and
                                             nologies.                                               not fewer than 100 employees, 25 percent of              (iv) resilience planning; and
                                                (3) PILOT PROGRAM.—The term ‘‘pilot pro-             the cost of on-the-job-training for an em-               (C) careers in sectors that plan, develop,
                                             gram’’ means the pilot program established              ployee; and                                            construct, maintain, and expand energy in-
                                             under subsection (b).                                     (ii) for activities described in clause (ii) of      dustry infrastructure.
                                                (b) ESTABLISHMENT.—The Secretary of                  that subparagraph, 50 percent.                           (2) PROGRAM REQUIREMENTS.—
                                             Labor, in consultation with the Secretary                 (4) EMPLOYER PAYMENT OF NON-FEDERAL                    (A) IN GENERAL.—In carrying out the pro-
                                             and in accordance with section 169(b) of the            SHARE.—                                                gram, the Secretary shall ensure that the
                                             Workforce Innovation and Opportunity Act                  (A) IN GENERAL.—The non-Federal share of             courses described in paragraph (1)—
                                             (29 U.S.C. 3224(b)), shall establish a pilot pro-       the cost of providing on-the-job training for            (i) provide—
                                             gram to provide competitively awarded cost-             an employee under a grant received under                 (I) job training;
                                             shared grants to eligible entities to pay for—          the pilot program shall be paid in cash or in            (II) employment skills training, including
                                                (1) on-the-job training of a new or existing         kind by the employer of the employee receiv-           providing comprehensive wraparound sup-
                                             employee to work—                                       ing the training.                                      port services to eligible participants that—
                                                (A) in renewable energy, energy efficiency,            (B) INCLUSIONS.—The non-Federal share de-              (aa) enhance the training experience and
                                             or grid modernization; or                               scribed in subparagraph (A)(i) may include             promote the professional development of eli-
                                                (B) on the reduction of greenhouse gas               the amount of wages paid by the employer to            gible participants; and
                                             emissions; or                                           the employee during the time that the em-                (bb) help eligible participants transition
                                                (2) preapprenticeship programs that pro-             ployee is receiving on-the-job training, as            into the workforce; and
                                             vide a direct pathway to a career working—              fairly evaluated by the Secretary of Labor.              (III) opportunities for internships of not
                                                (A) in renewable energy, energy efficiency,            (5) GRANT AMOUNT.—An eligible entity may             longer than 180 days; and
                                             or grid modernization; or                               not receive more than $100,000 per fiscal year           (ii) are carried out primarily through—
                                                (B) on the reduction of greenhouse gas               in grant funds under the pilot program.                  (I) internships; or
                                             emissions.                                                (d) AUTHORIZATION OF APPROPRIATIONS.—                  (II) applied, work-based training.
                                                                                                     There is authorized to be appropriated to                (B) EXAM REQUIREMENT.—As a requirement
                                                (c) GRANTS.—
                                                                                                     carry out this section $15,000,000 for each of         for completing a course described in para-
                                                (1) IN GENERAL.—An eligible entity desiring
                                                                                                     fiscal years 2021 through 2023.                        graph (1), the Secretary shall require each el-
                                             a grant under the pilot program shall submit
                                                                                                     SEC. 2307. ENERGY-READY VETS PROGRAM.                  igible participant in the course to earn an
                                             to the Secretary of Labor an application at
                                                                                                                                                            applicable industry-recognized entry-level
                                             such time, in such manner, and containing                 (a) DEFINITIONS.—In this section:
                                                                                                                                                            certificate or other credential.
                                             such information as the Secretary of Labor                (1) ACTIVE MILITARY, NAVAL, OR AIR SERV-
                                                                                                                                                            SEC. 2308. WIND WORKFORCE TRAINING GRANT
                                             may require.                                            ICE.—The term ‘‘active military, naval, or
                                                                                                                                                                        PROGRAM.
                                                (2) PRIORITY FOR TARGETED COMMUNITIES.—              air service’’ has the meaning given such                 (a) IN GENERAL.—Title XI of the Energy
                                             In providing grants under the pilot program,            term in section 101 of title 38, United States         Policy Act of 2005 (42 U.S.C. 16411 et seq.) is
                                             the Secretary of Labor, in consultation with            Code.                                                  amended by adding at the end the following:
                                             the Secretary shall give priority to an eligi-            (2) ELIGIBLE PARTICIPANT.—The term ‘‘eli-            ‘‘SEC. 1107. WIND WORKFORCE TRAINING GRANT
                                             ble entity that—                                        gible participant’’ means a veteran who—                             PROGRAM.
                                                (A) recruits employees—                                (A) was discharged or released from service             ‘‘(a) DEFINITION OF ELIGIBLE ENTITY.—In
                                                (i) from the 1 or more communities that              in the active military, naval, or air service          this section, the term ‘eligible entity’ means
                                             are served by the eligible entity; and                  during the most recent 1-year period; or               a community college, technical school, insti-
                                                (ii) that are minorities, women, veterans,             (B)(i) was discharged or released from serv-         tution of higher education, or labor organi-
                                             or individuals who are transitioning from               ice in the active military, naval, or air serv-        zation that offers an onshore or offshore
                                             fossil energy sector jobs;                              ice during the 2-year period immediately               wind training program.
                                                (B) provides trainees with the opportunity           preceding the most recent 1-year period; and             ‘‘(b) GRANT PROGRAM.—The Secretary shall
                                             to obtain real-world experience;                          (ii) receives the approval of the Secretary          establish a program under which the Sec-
                                                (C) has fewer than 100 employees; and                to participate in the program.                         retary shall award grants, on a competitive
                                                (D) in the case of a preapprenticeship pro-            (3) PROGRAM.—The term ‘‘program’’ means              basis, to eligible entities—
                                             gram, demonstrates—                                     the Energy-Ready Vets Program established                ‘‘(1) to purchase large pieces of wind com-
                                                (i) a multi-year record of—                          under subsection (b)(1).                               ponent equipment (such as nacelles, towers,
                                                (I) successfully recruiting minorities,                (4) UNIFORMED SERVICES.—The term ‘‘uni-              and blades) or installation equipment for use
                                             women, and veterans for training; and                   formed services’’ has the meaning given such           in training wind industry students;
                                                (II) supporting those individuals in the suc-        term in section 10(a) of title 10, United                ‘‘(2) to conduct occupational skills train-




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                                             cessful completion of the preapprenticeship             States Code.                                           ing, including on-the-job training, safety and
                                             program; and                                              (5) VETERAN.—The term ‘‘veteran’’ has the            health training, and classroom training;
                                                (ii) a successful multi-year record of plac-         meaning given such term in section 101 of                ‘‘(3) for incumbent worker and career lad-
                                             ing the majority of the graduates of the                title 38, United States Code.                          der training and retraining, including skill
                                             preapprenticeship program into apprentice-                (b) ESTABLISHMENT; IMPLEMENTATION.—                  upgrading;
                                             ship programs.                                            (1) ESTABLISHMENT.—The Secretary shall                 ‘‘(4) for individual referral and tuition as-
                                                (3) USE OF GRANT FOR FEDERAL SHARE.—                 establish a program, to be known as the ‘‘En-          sistance for a training program offered by a




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1579
                                             nonprofit organization through which an in-               (1) the Department of Defense;                       SEC. 3006. REPEAL OF WEATHERIZATION STUDY.
                                             dividual may attain a recognized postsec-                 (2) the Department of Education;                       (a) REPEAL.—Section 254 of the National
                                             ondary credential (as defined in section 3 of             (3) the Department;                                  Energy Conservation Policy Act (42 U.S.C.
                                             the Workforce Innovation and Opportunity                  (4) the Department of Labor;                         8233) is repealed.
                                             Act (29 U.S.C. 3102));                                    (5) the Department of Veterans Affairs;                (b) CONFORMING AMENDMENT.—The table of
                                               ‘‘(5) for customized training in conjunction            (6) technical schools, community colleges,           contents for the National Energy Conserva-
                                             with an existing registered apprenticeship              and institutions of higher education that              tion Policy Act (Public Law 95–619; 92 Stat.
                                             program, internship, or labor-management                have wind workforce training programs;                 3206) is amended by striking the item relat-
                                             partnership; and                                          (7) State and local governments;                     ing to section 254.
                                               ‘‘(6) for other activities that the Secretary           (8) ports;                                           SEC. 3007. REPEAL OF REPORT TO CONGRESS.
                                             determines meet the purposes of this section.             (9) vessel operators;                                  (a) REPEAL.—Section 273 of the National
                                               ‘‘(c) PRIORITY.—In awarding grants under                (10) labor organizations;                            Energy Conservation Policy Act (42 U.S.C.
                                             this section, the Secretary shall give pri-               (11) nonprofit organizations; and                    8236b) is repealed.
                                             ority to eligible entities that—                          (12) the wind industry.                                (b) CONFORMING AMENDMENT.—The table of
                                               ‘‘(1) have formed partnerships with other               (c) REPORT.—Not later than 1 year after              contents for the National Energy Conserva-
                                             eligible entities;                                      the date of enactment of this Act, the Sec-            tion Policy Act (Public Law 95–619; 92 Stat.
                                               ‘‘(2) have entered into a memorandum of               retary shall make publicly available and               3206) is amended by striking the item relat-
                                             understanding with an employer in the on-               submit to Congress a report that—                      ing to section 273.
                                             shore or offshore wind industry to foster                 (1) describes the results of the study con-          SEC. 3008. REPEAL OF SURVEY OF ENERGY SAV-
                                             workforce development; or                               ducted under subsection (a)(1);                                    ING POTENTIAL.
                                               ‘‘(3) will use the grant funds to assist indi-          (2) includes the comprehensive list de-                (a) REPEAL.—Section 550 of the National
                                             viduals who are—                                        scribed in subsection (a)(2); and                      Energy Conservation Policy Act (42 U.S.C.
                                               ‘‘(A) dislocated workers, with a focus on               (3) provides recommendations—                        8258b) is repealed.
                                             workers displaced from the offshore oil and               (A) for creating a credentialing program               (b) CONFORMING AMENDMENTS.—
                                             gas, onshore fossil fuel, nuclear energy, or            that may be administered by community                    (1) The table of contents for the National
                                             fishing industry; or                                    colleges, technical schools, and other train-          Energy Conservation Policy Act (Public Law
                                               ‘‘(B) individuals with a barrier to employ-           ing institutions or organizations; and                 95–619; 92 Stat. 3206; 106 Stat. 2851) is amend-
                                             ment.                                                     (B) that reflect best practices for wind             ed by striking the item relating to section
                                               ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—               workforce training programs, as identified             550.
                                             There is authorized to be appropriated to the           by the stakeholders described in subsection              (2) Section 543(d)(2) of the National Energy
                                             Secretary to carry out this section $5,000,000          (b).                                                   Conservation Policy Act (42 U.S.C. 8253(d)(2))
                                             for each of fiscal years 2021 through 2025.’’.            (d) AUTHORIZATION OF APPROPRIATIONS.—                is amended by striking ‘‘, incorporating any
                                               (b) CLERICAL AMENDMENT.—The table of                  There is authorized to be appropriated to the          relevant information obtained from the sur-
                                             contents for the Energy Policy Act of 2005              Secretary to carry out this subsection                 vey conducted pursuant to section 550’’.
                                             (Public Law 109–58; 119 Stat. 601) is amended           $500,000.                                              SEC. 3009. REPEAL OF REPORT BY GENERAL
                                             by inserting after the item relating to sec-                                                                              SERVICES ADMINISTRATION.
                                                                                                            TITLE III—CODE MAINTENANCE
                                             tion 1106 the following:                                                                                         (a) REPEAL.—Section 154 of the Energy Pol-
                                                                                                     SEC. 3001. REPEAL OF OFF-HIGHWAY MOTOR VE-
                                             ‘‘Sec. 1107. Wind workforce training grant                          HICLES STUDY.                              icy Act of 1992 (42 U.S.C. 8262a) is repealed.
                                                            program.’’.                                                                                       (b) CONFORMING AMENDMENTS.—
                                                                                                       (a) REPEAL.—Part I of title III of the En-
                                             SEC. 2309. VETERANS IN WIND ENERGY.                                                                              (1) The table of contents for the Energy
                                                                                                     ergy Policy and Conservation Act (42 U.S.C.
                                               (a) IN GENERAL.—Title XI of the Energy                                                                       Policy Act of 1992 (Public Law 102–486; 106
                                                                                                     6373) is repealed.
                                             Policy Act of 2005 (42 U.S.C. 16411 et seq.) (as                                                               Stat. 2776) is amended by striking the item
                                                                                                       (b) CONFORMING AMENDMENT.—The table of
                                             amended by section 2308(a)) is amended by                                                                      relating to section 154.
                                                                                                     contents for the Energy Policy and Con-
                                             adding at the end the following:                                                                                 (2) Section 159 of the Energy Policy Act of
                                                                                                     servation Act (Public Law 94–163; 89 Stat.
                                             ‘‘SEC. 1108. VETERANS IN WIND ENERGY.
                                                                                                     871) is amended—                                       1992 (42 U.S.C. 8262e) is amended by striking
                                                ‘‘(a) IN GENERAL.—The Secretary shall es-              (1) by striking the item relating to part I          subsection (c).
                                             tablish a program to prepare veterans for ca-           of title III; and                                      SEC. 3010. REPEAL OF INTERGOVERNMENTAL EN-
                                             reers in the wind energy industry that shall                                                                                ERGY MANAGEMENT PLANNING AND
                                                                                                       (2) by striking the item relating to section
                                             be modeled off of the Solar Ready Vets pilot                                                                                COORDINATION WORKSHOPS.
                                                                                                     385.
                                             program formerly administered by the De-                                                                         (a) REPEAL.—Section 156 of the Energy Pol-
                                                                                                     SEC. 3002. REPEAL OF METHANOL STUDY.
                                             partment of Energy and the Department of                                                                       icy Act of 1992 (42 U.S.C. 8262b) is repealed.
                                             Defense.                                                  Section 400EE of the Energy Policy and                 (b) CONFORMING AMENDMENT.—The table of
                                               ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—               Conservation Act (42 U.S.C. 6374d) is amend-           contents for the Energy Policy Act of 1992
                                             There is authorized to be appropriated to the           ed—                                                    (Public Law 102–486; 106 Stat. 2776) is amend-
                                             Secretary to carry out this section $2,000,000            (1) by striking subsection (a); and                  ed by striking the item relating to section
                                             for each of fiscal years 2021 through 2025.’’.            (2) by redesignating subsections (b) and (c)         156.
                                               (b) CLERICAL AMENDMENT.—The table of                  as subsections (a) and (b), respectively.              SEC. 3011. REPEAL OF INSPECTOR GENERAL
                                             contents for the Energy Policy Act of 2005              SEC. 3003. REPEAL OF STATE UTILITY REGU-                          AUDIT SURVEY AND PRESIDENT’S
                                             (Public Law 109–58; 119 Stat. 601) (as amended                     LATORY ASSISTANCE.                                     COUNCIL ON INTEGRITY AND EFFI-
                                             by section 2308(b)) is amended by inserting               (a) REPEAL.—Section 207 of the Energy                           CIENCY REPORT TO CONGRESS.
                                             after the item relating to section 1107 the             Conservation and Production Act (42 U.S.C.               (a) REPEAL.—Section 160 of the Energy Pol-
                                             following:                                              6807) is repealed.                                     icy Act of 1992 (42 U.S.C. 8262f) is amended by
                                             ‘‘Sec. 1108. Veterans in wind energy.’’.                  (b) CONFORMING AMENDMENT.—The table of               striking the section designation and heading
                                                                                                     contents for the Energy Conservation and               and all that follows through ‘‘(c) INSPECTOR
                                             SEC. 2310. STUDY AND REPORT ON WIND WORK-
                                                         FORCE.                                      Production Act (Public Law 94–385; 90 Stat.            GENERAL REVIEW.—Each Inspector General’’
                                               (a) IN GENERAL.—The Secretary shall con-              1126) is amended by striking the item relat-           and inserting the following:
                                             vene a task force comprised of 1 or more rep-           ing to section 207.                                    ‘‘SEC. 160. INSPECTOR GENERAL REVIEW.
                                             resentatives of each of the stakeholders de-            SEC. 3004. REPEAL OF AUTHORIZATION OF AP-                ‘‘Each Inspector General’’.
                                             scribed in subsection (b) that shall—                               PROPRIATIONS PROVISION.                      (b) CONFORMING AMENDMENT.—The table of
                                               (1) conduct a study to assess the needs of              (a) REPEAL.—Section 208 of the Energy                contents for the Energy Policy Act of 1992
                                             the offshore and onshore wind industry                  Conservation and Production Act (42 U.S.C.             (Public Law 102–486; 106 Stat. 2776) is amend-
                                             workforce, including supply chain and sup-              6808) is repealed.                                     ed by striking the item relating to section
                                             port vessels; and                                         (b) CONFORMING AMENDMENT.—The table of               160 and inserting the following:
                                               (2) create a comprehensive list that—                 contents for the Energy Conservation and               ‘‘Sec. 160. Inspector General review.’’.
                                               (A) lists each type of position related to            Production Act (Public Law 94–385; 90 Stat.            SEC. 3012. REPEAL OF PROCUREMENT AND IDEN-
                                             the onshore and offshore wind energy indus-             1126) is amended by striking the item relat-                       TIFICATION OF ENERGY EFFICIENT
                                             try available in the United States;                     ing to section 208.                                                PRODUCTS PROGRAM.
                                               (B) identifies existing gaps in the offshore          SEC. 3005. REPEAL OF RESIDENTIAL ENERGY EF-              (a) REPEAL.—Section 161 of the Energy Pol-
                                             and onshore wind industry workforce, in-                            FICIENCY STANDARDS STUDY.                  icy Act of 1992 (42 U.S.C. 8262g) is repealed.
                                             cluding supply chain and support vessels;                 (a) REPEAL.—Section 253 of the National                (b) CONFORMING AMENDMENTS.—




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                                             and                                                     Energy Conservation Policy Act (42 U.S.C.                (1) The table of contents for the Energy
                                               (C) describes the skill sets required for             8232) is repealed.                                     Policy Act of 1992 (Public Law 102–486; 106
                                             each type of position listed under subpara-               (b) CONFORMING AMENDMENT.—The table of               Stat. 2776) is amended by striking the item
                                             graph (A).                                              contents for the National Energy Conserva-             relating to section 161.
                                               (b) STAKEHOLDERS DESCRIBED.—The stake-                tion Policy Act (Public Law 95–619; 92 Stat.             (2) Section 548(b) of the National Energy
                                             holders referred to in subsection (a) are rep-          3206) is amended by striking the item relat-           Conservation Policy Act (42 U.S.C. 8258(b))
                                             resentatives of—                                        ing to section 253.                                    (as amended by section 1033(a)) is amended—




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                                             S1580                                             CONGRESSIONAL RECORD — SENATE                                                           March 5, 2020
                                               (A) in paragraph (3), by inserting ‘‘and’’            SEC. 3020. REPEAL OF AUTHORIZATION OF AP-                 (A) by striking the items relating to sub-
                                             after the semicolon at the end;                                     PROPRIATIONS.                              title A of title II;
                                               (B) by striking paragraph (4); and                      (a) REPEAL.—Subtitle F of title VII of the              (B) by striking the items relating to sub-
                                               (C) by redesignating paragraph (5) as para-           Powerplant and Industrial Fuel Use Act of              title B of title II;
                                             graph (4).                                              1978 (42 U.S.C. 8461) is repealed.                        (C) by striking the item relating to section
                                             SEC. 3013. REPEAL OF PHOTOVOLTAIC ENERGY                  (b) CONFORMING AMENDMENT.—The table of               204 and inserting the following:
                                                         PROGRAM.                                    contents for the Powerplant and Industrial
                                                                                                                                                            ‘‘Sec. 204. Funding.’’;
                                               (a) REPEAL.—Part 4 of title V of the Na-              Fuel Use Act of 1978 (Public Law 95–620; 92
                                                                                                                                                            and
                                             tional Energy Conservation Policy Act (42               Stat. 3289) is amended—
                                                                                                                                                               (D) by striking the item relating to section
                                             U.S.C. 8271 et seq.) is repealed.                         (1) by striking the item relating to subtitle
                                                                                                                                                            271.
                                               (b) CONFORMING AMENDMENT.—The table of                F of title VII; and
                                                                                                                                                               (2) Section 203 of the Biomass Energy and
                                             contents for the National Energy Conserva-                (2) by striking the item relating to section
                                                                                                                                                            Alcohol Fuels Act of 1980 (42 U.S.C. 8802) is
                                             tion Policy Act (Public Law 95–619; 92 Stat.            751.
                                                                                                                                                            amended—
                                             3206) is amended—                                       SEC. 3021. REPEAL OF SUBMISSION OF REPORTS.
                                                                                                                                                               (A) by striking paragraph (16); and
                                               (1) by striking the item relating to part 4             (a) REPEAL.—Section 807 of the Powerplant               (B) by redesignating paragraphs (17)
                                             of title V; and                                         and Industrial Fuel Use Act of 1978 (42 U.S.C.         through (19) as paragraphs (16) through (18),
                                               (2) by striking the items relating to sec-            8483) is repealed.                                     respectively.
                                             tions 561 through 570.                                    (b) CONFORMING AMENDMENT.—The table of                  (3) Section 204 of the Energy Security Act
                                             SEC. 3014. REPEAL OF NATIONAL ACTION PLAN               contents for the Powerplant and Industrial             (42 U.S.C. 8803) is amended—
                                                         FOR DEMAND RESPONSE.                        Fuel Use Act of 1978 (Public Law 95–620; 92               (A) in the section heading, by striking
                                               (a) REPEAL.—Part 5 of title V of the Na-              Stat. 3289) is amended by striking the item            ‘‘FOR SUBTITLES A AND B’’; and
                                             tional Energy Conservation Policy Act (42               relating to section 807.                                  (B) in subsection (a)—
                                             U.S.C. 8279) is repealed.                               SEC. 3022. REPEAL OF ELECTRIC UTILITY CON-                (i) in paragraph (1), by adding ‘‘and’’ after
                                               (b) CONFORMING AMENDMENT.—The table of                            SERVATION PLAN.
                                                                                                                                                            the semicolon at the end;
                                             contents for the National Energy Conserva-                (a) REPEAL.—Section 808 of the Powerplant               (ii) in paragraph (2), by striking ‘‘; and’’ at
                                             tion Policy Act (Public Law 95–619; 92 Stat.            and Industrial Fuel Use Act of 1978 (42 U.S.C.         the end and inserting a period; and
                                             3206; 121 Stat. 1665) is amended—                       8484) is repealed.                                        (iii) by striking paragraph (3).
                                               (1) by striking the item relating to part 5             (b) CONFORMING AMENDMENTS.—
                                                                                                                                                            SEC. 3025. NUCLEAR SAFETY RESEARCH, DEVEL-
                                             of title V; and                                           (1) TABLE OF CONTENTS.—The table of con-                         OPMENT, AND DEMONSTRATION ACT
                                               (2) by striking the item relating to section          tents for the Powerplant and Industrial Fuel                       OF 1980 REPEALS.
                                             571.                                                    Use Act of 1978 (Public Law 95–620; 92 Stat.             Sections 5 and 6 of the Nuclear Safety Re-
                                             SEC. 3015. REPEAL OF ENERGY AUDITOR TRAIN-
                                                                                                     3289) is amended by striking the item relat-           search, Development, and Demonstration
                                                         ING AND CERTIFICATION.                      ing to section 808.                                    Act of 1980 (42 U.S.C. 9704, 9705) are repealed.
                                               (a) REPEAL.—Subtitle F of title V of the                (2) REPORT ON IMPLEMENTATION.—Section
                                                                                                                                                            SEC. 3026. REPEAL OF RENEWABLE ENERGY AND
                                             Energy Security Act (42 U.S.C. 8285 et seq.) is         712 of the Powerplant and Industrial Fuel                          ENERGY EFFICIENCY TECHNOLOGY
                                             repealed.                                               Use Act of 1978 (42 U.S.C. 8422) is amended—                       COMPETITIVENESS ACT OF 1989.
                                               (b) CONFORMING AMENDMENT.—The table of                  (A) by striking ‘‘(a) GENERALLY.—’’; and               (a) REPEAL.—The Renewable Energy and
                                             contents for the Energy Security Act (Public              (B) by striking subsection (b).                      Energy Efficiency Technology Competitive-
                                             Law 96–294; 94 Stat. 611) is amended—                   SEC. 3023. EMERGENCY ENERGY CONSERVATION               ness Act of 1989 (42 U.S.C. 12001 et seq.) is re-
                                                                                                                 REPEALS.
                                               (1) by striking the item relating to subtitle                                                                pealed.
                                             F of title V; and                                         (a) REPEALS.—                                          (b) CONFORMING AMENDMENTS.—
                                               (2) by striking the items relating to sec-              (1) Section 201 of the Emergency Energy                (1) Section 6(b)(3) of the Federal Non-
                                             tions 581 through 584.                                  Conservation Act of 1979 (42 U.S.C. 8501) is           nuclear Energy Research and Development
                                                                                                     amended by striking the section designation            Act of 1974 (42 U.S.C. 5905(b)(3)) (as amended
                                             SEC. 3016. REPEAL OF NATIONAL COAL POLICY
                                                         STUDY.                                      and heading and all that follows through ‘‘(b)         by section 1205(c)(2)) is amended—
                                                                                                     PURPOSES.—The purposes’’ and inserting the               (A) in subparagraph (P), by adding ‘‘and’’
                                               (a) REPEAL.—Section 741 of the Powerplant
                                                                                                     following:                                             after the semicolon;
                                             and Industrial Fuel Use Act of 1978 (42 U.S.C.
                                                                                                     ‘‘SEC. 201. PURPOSES.                                    (B) by striking subparagraph (Q); and
                                             8451) is repealed.
                                               (b) CONFORMING AMENDMENT.—The table of                  ‘‘The purposes’’.                                      (C) by redesignating subparagraph (R) as
                                             contents for the Powerplant and Industrial                (2) Part B of title II of the Emergency En-          subparagraph (Q).
                                             Fuel Use Act of 1978 (Public Law 95–620; 92             ergy Conservation Act of 1979 (42 U.S.C. 8521            (2) Section 1204 of the Energy Policy Act of
                                             Stat. 3289) is amended by striking the item             et seq.) is repealed.                                  1992 (42 U.S.C. 13313) is amended—
                                             relating to section 741.                                  (3) Section 241 of the Emergency Energy                (A) in subsection (b), in the matter pre-
                                                                                                     Conservation Act of 1979 (42 U.S.C. 8531) is re-       ceding paragraph (1), in the first sentence, by
                                             SEC. 3017. REPEAL OF STUDY ON COMPLIANCE
                                                         PROBLEM OF SMALL ELECTRIC                   pealed.                                                striking ‘‘, in consultation with’’ and all
                                                         UTILITY SYSTEMS.                              (b) CONFORMING AMENDMENTS.—                          that follows through ‘‘under section 6 of the
                                               (a) REPEAL.—Section 744 of the Powerplant               (1) The table of contents for the Emer-              Renewable Energy and Energy Efficiency
                                             and Industrial Fuel Use Act of 1978 (42 U.S.C.          gency Energy Conservation Act of 1979 (Pub-            Technology Competitiveness Act of 1989,’’;
                                             8454) is repealed.                                      lic Law 96–102; 93 Stat. 749) is amended—              and
                                               (b) CONFORMING AMENDMENT.—The table of                  (A) by striking the item relating to section           (B) in subsection (c), by striking ‘‘, in con-
                                             contents for the Powerplant and Industrial              201 and inserting the following:                       sultation with the Advisory Committee,’’.
                                             Fuel Use Act of 1978 (Public Law 95–620; 92             ‘‘Sec. 201. Purposes.’’;                               SEC. 3027. REPEAL OF HYDROGEN RESEARCH,
                                             Stat. 3289) is amended by striking the item               (B) by striking the item relating to part B                      DEVELOPMENT, AND DEMONSTRA-
                                             relating to section 744.                                of title II; and                                                   TION PROGRAM.
                                             SEC.   3018.REPEAL OF STUDY OF SOCIO-                     (C) by striking the items relating to sec-             The Spark M. Matsunaga Hydrogen Re-
                                                        ECONOMIC IMPACTS OF INCREASED                tions 221, 222, and 241.                               search, Development, and Demonstration
                                                        COAL PRODUCTION AND OTHER EN-                  (2) Section 251(b) of the Emergency Energy           Act of 1990 (42 U.S.C. 12401 et seq.) is re-
                                                        ERGY DEVELOPMENT.                            Conservation Act of 1979 (42 U.S.C. 8541(b)) is        pealed.
                                               (a) REPEAL.—Section 746 of the Powerplant             amended—                                               SEC. 3028. REPEAL OF STUDY ON ALTERNATIVE
                                             and Industrial Fuel Use Act of 1978 (42 U.S.C.            (A) by striking ‘‘or 221’’ each place it ap-                     FUEL USE IN NONROAD VEHICLES
                                             8456) is repealed.                                      pears; and                                                         AND ENGINES.
                                               (b) CONFORMING AMENDMENT.—The table of                  (B) by striking ‘‘(as the case may be)’’.              (a) IN GENERAL.—Section 412 of the Energy
                                             contents for the Powerplant and Industrial              SEC. 3024. ENERGY SECURITY ACT REPEALS.                Policy Act of 1992 (42 U.S.C. 13238) is re-
                                             Fuel Use Act of 1978 (Public Law 95–620; 92               (a)    BIOMASS    ENERGY     DEVELOPMENT             pealed.
                                             Stat. 3289) is amended by striking the item             PLANS.—Subtitle A of title II of the Energy              (b) CONFORMING AMENDMENT.—The table of
                                             relating to section 746.                                Security Act (42 U.S.C. 8811 et seq.) is re-           contents for the Energy Policy Act of 1992
                                             SEC. 3019. REPEAL OF STUDY OF THE USE OF PE-            pealed.                                                (Public Law 102–486; 106 Stat. 2776) is amend-
                                                         TROLEUM AND NATURAL GAS IN                    (b) MUNICIPAL WASTE BIOMASS ENERGY.—                 ed by striking the item relating to section
                                                         COMBUSTORS.                                 Subtitle B of title II of the Energy Security          412.
                                               (a) REPEAL.—Section 747 of the Powerplant             Act (42 U.S.C. 8831 et seq.) is repealed.              SEC. 3029. REPEAL OF LOW INTEREST LOAN PRO-




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                                             and Industrial Fuel Use Act of 1978 (42 U.S.C.            (c) USE OF GASOHOL IN FEDERAL MOTOR VE-                          GRAM FOR SMALL BUSINESS FLEET
                                             8457) is repealed.                                      HICLES.—Section 271 of the Energy Security                         PURCHASES.
                                               (b) CONFORMING AMENDMENT.—The table of                Act (42 U.S.C. 8871) is repealed.                        (a) IN GENERAL.—Section 414 of the Energy
                                             contents for the Powerplant and Industrial                (d) CONFORMING AMENDMENTS.—                          Policy Act of 1992 (42 U.S.C. 13239) is re-
                                             Fuel Use Act of 1978 (Public Law 95–620; 92               (1) The table of contents for the Energy Se-         pealed.
                                             Stat. 3289) is amended by striking the item             curity Act (Public Law 96–294; 94 Stat. 611) is          (b) CONFORMING AMENDMENT.—The table of
                                             relating to section 747.                                amended—                                               contents for the Energy Policy Act of 1992




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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                       S1581
                                             (Public Law 102–486; 106 Stat. 2776) is amend-            (A) in subsection (a), in the matter pre-               (5) MENTORING PROGRAM.—Section 3195 of
                                             ed by striking the item relating to section             ceding paragraph (1), in the first sentence, by        the Department of Energy Science Education
                                             414.                                                    striking ‘‘, in consultation with the Advisory         Enhancement Act (42 U.S.C. 7381r) is re-
                                             SEC. 3030. REPEAL OF TECHNICAL AND POLICY               Board established under section 2302 of the            pealed.
                                                         ANALYSIS FOR REPLACEMENT FUEL               Energy Policy Act of 1992,’’;                             (b) REPEAL OF AUTHORIZATIONS.—
                                                         DEMAND AND SUPPLY INFORMA-                    (B) in subsection (b)—                                  (1) DEPARTMENT OF ENERGY EARLY CAREER
                                                         TION.                                         (i) in paragraph (1), in the first sentence,         AWARDS FOR SCIENCE, ENGINEERING, AND
                                               (a) IN GENERAL.—Section 506 of the Energy             by striking ‘‘, in consultation with the Advi-         MATHEMATICS RESEARCHERS.—Section 5006 of
                                             Policy Act of 1992 (42 U.S.C. 13256) is re-             sory Board established under section 2302 of           the America COMPETES Act (42 U.S.C.
                                             pealed.                                                 the Energy Policy Act of 1992,’’; and                  16534) is amended by striking subsection (h).
                                               (b) CONFORMING AMENDMENTS.—                             (ii) in paragraph (2), in the second sen-               (2) PROTECTING AMERICA’S COMPETITIVE
                                               (1) The table of contents for the Energy              tence, by striking ‘‘, in consultation with the        EDGE (PACE) GRADUATE FELLOWSHIP PRO-
                                             Policy Act of 1992 (Public Law 102–486; 106             Advisory Board established under section               GRAM.—Section 5009 of the America COM-
                                             Stat. 2776) is amended by striking the item             2302 of the Energy Policy Act of 1992,’’; and          PETES Act (42 U.S.C. 16536) is amended by
                                             relating to section 506.                                  (C) in subsection (c), in the first sentence,        striking subsection (f).
                                               (2) Section 507(m) of the Energy Policy Act           by striking ‘‘, in consultation with the Advi-            (3) DISTINGUISHED SCIENTIST PROGRAM.—
                                             of 1992 (42 U.S.C. 13257(m)) is amended by              sory Board established under section 2302 of           Section 5011 of the America COMPETES Act
                                             striking ‘‘and section 506’’.                           the Energy Policy Act of 1992,’’.                      (42 U.S.C. 16537) is amended by striking sub-
                                             SEC. 3031. REPEAL OF 1992 REPORT ON CLIMATE               (3) Section 2011(c) of the Energy Policy Act         section (j).
                                                         CHANGE.                                     of 1992 (42 U.S.C. 13411(c)) is amended, in the           (c) CONSOLIDATION OF DUPLICATIVE PRO-
                                               (a) IN GENERAL.—Section 1601 of the En-               second sentence, by striking ‘‘, and with the          GRAM AUTHORITIES.—
                                             ergy Policy Act of 1992 (42 U.S.C. 13381) is re-        Advisory Board established under section                  (1) UNIVERSITY NUCLEAR SCIENCE AND ENGI-
                                             pealed.                                                 2302’’.                                                NEERING SUPPORT.—Section 954 of the Energy
                                               (b) CONFORMING AMENDMENTS.—                             (4) Section 2304 of the Energy Policy Act of         Policy Act of 2005 (42 U.S.C. 16274) (as amend-
                                               (1) The table of contents for the Energy              1992 (42 U.S.C. 13523), is amended—                    ed by section 1504(a)) is amended in sub-
                                             Policy Act of 1992 (Public Law 102–486; 106               (A) in subsection (a), by striking ‘‘, in con-       section (a)—
                                             Stat. 2776) is amended by striking the item             sultation with the Advisory Board estab-                  (A) in paragraph (1), by inserting ‘‘nuclear
                                             relating to section 1601.                               lished under section 2302,’’; and                      chemistry,’’ after ‘‘nuclear engineering,’’;
                                               (2) Section 1602(a) of the Energy Policy Act            (B) in subsection (c), in the matter pre-            and
                                             of 1992 (42 U.S.C. 13382(a)) is amended, in the         ceding paragraph (1), in the first sentence, by           (B) in paragraph (2)—
                                             matter preceding paragraph (1), in the third            striking ‘‘, with the advice of the Advisory              (i) by redesignating subparagraphs (C)
                                             sentence, by striking ‘‘the report required             Board established under section 2302 of this           through (E) as subparagraphs (D) through
                                             under section 1601 and’’.                               Act,’’.                                                (F), respectively; and
                                             SEC. 3032. REPEAL OF DIRECTOR OF CLIMATE                SEC. 3037. REPEAL OF STUDY ON USE OF ENERGY               (ii) by inserting after subparagraph (B) the
                                                         PROTECTOR ESTABLISHMENT.                                 FUTURES FOR FUEL PURCHASE.                following:
                                               (a) IN GENERAL.—Section 1603 of the En-                 (a) IN GENERAL.—Section 3014 of the En-                 ‘‘(C) award grants, not to exceed 5 years in
                                             ergy Policy Act of 1992 (42 U.S.C. 13383) is re-        ergy Policy Act of 1992 (42 U.S.C. 13552) is re-       duration, to institutions of higher education
                                             pealed.                                                 pealed.                                                with existing academic degree programs in
                                               (b) CONFORMING AMENDMENT.—The table of                  (b) CONFORMING AMENDMENT.—The table of               nuclear sciences and related fields—
                                             contents for the Energy Policy Act of 1992              contents for the Energy Policy Act of 1992                ‘‘(i) to increase the number of graduates in
                                             (Public Law 102–486; 106 Stat. 2776) is amend-          (Public Law 102–486; 106 Stat. 2776) is amend-         nuclear science and related fields;
                                             ed by striking the item relating to section             ed by striking the item relating to section               ‘‘(ii) to enhance the teaching and research
                                             1603.                                                   3014.                                                  of advanced nuclear technologies;
                                             SEC. 3033. REPEAL OF 1994 REPORT ON GLOBAL              SEC. 3038. REPEAL OF ENERGY SUBSIDY STUDY.                ‘‘(iii) to undertake collaboration with in-
                                                         CLIMATE CHANGE EMISSIONS.                     (a) IN GENERAL.—Section 3015 of the En-              dustry and National Laboratories; and
                                               (a) IN GENERAL.—Section 1604 of the En-               ergy Policy Act of 1992 (42 U.S.C. 13553) is re-          ‘‘(iv) to bolster or sustain nuclear infra-
                                             ergy Policy Act of 1992 (42 U.S.C. 13384) is re-        pealed.                                                structure and research facilities of institu-
                                             pealed.                                                   (b) CONFORMING AMENDMENT.—The table of               tions of higher education, such as research
                                               (b) CONFORMING AMENDMENT.—The table of                contents for the Energy Policy Act of 1992             and training reactors and laboratories;’’.
                                             contents for the Energy Policy Act of 1992              (Public Law 102–486; 106 Stat. 2776) is amend-            (2) CONSOLIDATION OF DEPARTMENT OF EN-
                                             (Public Law 102–486; 106 Stat. 2776) is amend-          ed by striking the item relating to section            ERGY EARLY CAREER AWARDS FOR SCIENCE, EN-
                                             ed by striking the item relating to section             3015.                                                  GINEERING, AND MATHEMATICS RESEARCHERS
                                             1604.                                                   SEC. 3039. ELIMINATION AND CONSOLIDATION OF            PROGRAM AND DISTINGUISHED SCIENTIST PRO-
                                             SEC. 3034. REPEAL OF TELECOMMUTING STUDY.                            CERTAIN AMERICA COMPETES PRO-             GRAM.—
                                               (a) IN GENERAL.—Section 2028 of the En-                            GRAMS.                                       (A) FUNDING.—Section 971(c) of the Energy
                                             ergy Policy Act of 1992 (42 U.S.C. 13438) is re-          (a) ELIMINATION OF PROGRAM AUTHORI-                  Policy Act of 2005 (42 U.S.C. 16311(c)) is
                                             pealed.                                                 TIES.—                                                 amended by adding at the end the following:
                                               (b) CONFORMING AMENDMENT.—The table of                  (1) NUCLEAR SCIENCE TALENT EXPANSION                    ‘‘(8) For the Department of Energy early
                                             contents for the Energy Policy Act of 1992              PROGRAM FOR INSTITUTIONS OF HIGHER EDU-                career awards for science, engineering, and
                                             (Public Law 102–486; 106 Stat. 2776) is amend-          CATION.—Section 5004 of the America COM-               mathematics researchers program under sec-
                                             ed by striking the item relating to section             PETES Act (42 U.S.C. 16532) is repealed.               tion 5006 of the America COMPETES Act (42
                                             2028.                                                    (2) HYDROCARBON SYSTEMS SCIENCE TALENT                U.S.C. 16534) and the distinguished scientist
                                             SEC. 3035. REPEAL OF ADVANCED BUILDINGS                 EXPANSION PROGRAM FOR INSTITUTIONS OF                  program under section 5011 of that Act (42
                                                        FOR 2005 PROGRAM.                            HIGHER EDUCATION.—Section 5005 of the                  U.S.C. 16537), $150,000,000 for each of fiscal
                                               (a) IN GENERAL.—Section 2104 of the En-               America COMPETES Act (42 U.S.C. 16533) is              years 2018 through 2022, of which not more
                                             ergy Policy Act of 1992 (42 U.S.C. 13454) is re-        amended—                                               than 65 percent of the amount made avail-
                                             pealed.                                                   (A) by striking subsection (e); and                  able for a fiscal year under this paragraph
                                               (b) CONFORMING AMENDMENT.—The table of                  (B) in subsection (f)—                               may be used to carry out section 5006 or 5011
                                             contents for the Energy Policy Act of 1992                (i) by striking paragraph (2);                       of that Act.’’.
                                             (Public Law 102–486; 106 Stat. 2776) is amend-            (ii) by striking the subsection designation             (B) DEPARTMENT OF ENERGY EARLY CAREER
                                             ed by striking the item relating to section             and heading and all that follows through               AWARDS FOR SCIENCE, ENGINEERING, AND
                                             2104.                                                   ‘‘There are’’ in paragraph (1) and inserting           MATHEMATICS RESEARCHERS.—Section 5006 of
                                             SEC. 3036. REPEAL OF ENERGY RESEARCH, DE-               the following:                                         the America COMPETES Act (42 U.S.C.
                                                         VELOPMENT, DEMONSTRATION, AND                 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—              16534) is amended—
                                                         COMMERCIAL APPLICATION ADVI-                There are’’; and                                          (i) in subsection (b)(1)—
                                                         SORY BOARD.                                   (iii) by redesignating subparagraphs (A)                (I) in the matter preceding subparagraph
                                               (a) IN GENERAL.—Section 2302 of the En-               through (F) as paragraphs (1) through (6), re-         (A)—
                                             ergy Policy Act of 1992 (42 U.S.C. 13522) is re-        spectively, and indenting appropriately.                  (aa)     by   inserting    ‘‘average’’   before
                                             pealed.                                                   (3) DISCOVERY SCIENCE AND ENGINEERING IN-            ‘‘amount’’; and
                                               (b) CONFORMING AMENDMENTS.—                           NOVATION INSTITUTES.—Section 5008 of the                  (bb) by inserting ‘‘for each year’’ before




dlhill on DSKBBY8HB2PROD with SENATE
                                               (1) The table of contents for the Energy              America COMPETES Act (42 U.S.C. 16535) is              ‘‘shall’’;
                                             Policy Act of 1992 (Public Law 102–486; 106             repealed.                                                 (II) in subparagraph (A), by striking
                                             Stat. 2776) is amended by striking the item               (4) ELIMINATION OF DUPLICATIVE AUTHORITY             ‘‘$80,000’’ and inserting ‘‘$190,000’’; and
                                             relating to section 2302.                               FOR EDUCATION PROGRAMS.—Sections 3181 and                 (III) in subparagraph (B), by striking
                                               (2) Section 6 of the Federal Nonnuclear En-           3185 of the Department of Energy Science               ‘‘$125,000’’ and inserting ‘‘$490,000’’;
                                             ergy Research and Development Act of 1974               Education Enhancement Act (42 U.S.C. 7381l,               (ii) in subsection (c)(1)(C)—
                                             (42 U.S.C. 5905) is amended—                            42 U.S.C. 7381n) are repealed.                            (I) in clause (i)—




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                                             S1582                                             CONGRESSIONAL RECORD — SENATE                                                        March 5, 2020
                                                (aa) by striking ‘‘assistant professor or               (ii) in paragraph (2), by striking subpara-           The PRESIDING OFFICER. The Sen-
                                             equivalent title’’ and inserting ‘‘untenured            graph (B) and inserting the following:                 ator from Ohio.
                                             assistant or associate professor’’; and                    ‘‘(B) to demonstrate excellent academic
                                                                                                                                                                         AMENDMENT NO. 1514
                                                (bb) by inserting ‘‘or’’ after the semicolon         performance and understanding of scientific
                                             at the end;                                             or technical subjects; and’’;                            (Purpose: To establish greater energy
                                                (II) by striking clause (ii); and                       (B) in subsection (d)(1)(B)(i), by inserting        efficiency and cost-effectiveness in
                                                (III) by redesignating clause (iii) as clause        ‘‘full or partial’’ before ‘‘graduate tuition’’;       building codes.)
                                             (ii);                                                   and                                                      Mr. PORTMAN. Mr. President, I ask
                                                (iii) in subsection (d), by striking ‘‘on a             (C) in subsection (e), in the matter pre-           unanimous consent to call up amend-
                                             competitive, merit-reviewed basis’’ and in-             ceding paragraph (1), by striking ‘‘Director           ment No. 1514 and ask that it be re-
                                             serting ‘‘through a competitive process using           of Science, Engineering, and Mathematics
                                                                                                                                                            ported by number.
                                             merit-based peer review’’;                              Education’’ and inserting ‘‘Director of the
                                                (iv) in subsection (e)—                              Office of Science.’’.                                    The PRESIDING OFFICER. The
                                                (I) by striking the subsection designation              (d) CONFORMING AMENDMENTS.—The table                clerk will report.
                                             and heading and all that follows through ‘‘To           of contents for the America COMPETES ACT                 The senior assistant legislative clerk
                                             be eligible’’ in paragraph (1) and inserting            (Public Law 110–69; 121 Stat. 573) is amended          read as follows:
                                             the following:                                          by striking the items relating to sections               The Senator from Ohio [Mr. PORTMAN] pro-
                                                ‘‘(e) SELECTION PROCESS AND CRITERIA.—To             5004 and 5008.                                         poses an amendment numbered 1514.
                                                                                                     SEC. 3040. REPEAL OF PRIOR LIMITATION ON
                                             be eligible’’; and                                                                                               (The amendment is printed in today’s
                                                                                                                 COMPENSATION OF THE SECRETARY
                                                (II) by striking paragraph (2); and                              OF THE INTERIOR.                           RECORD under ‘‘Text of Amendments.’’)
                                                (v) in subsection (f)(1), by striking ‘‘non-           (a) IN GENERAL.—The Joint Resolution en-
                                             profit, nondegree-granting research organi-                                                                      The PRESIDING OFFICER. The Sen-
                                                                                                     titled ‘‘Joint Resolution ensuring that the            ator from Ohio.
                                             zations’’ and inserting ‘‘National Labora-              compensation and other emoluments at-
                                             tories’’.                                               tached to the office of Secretary of the Inte-
                                                                                                                                                              Mr. PORTMAN. Mr. President, Sen-
                                                (3) SCIENCE EDUCATION PROGRAMS.—Section              rior are those which were in effect on Janu-           ator SHAHEEN and I are here today to
                                             3164 of the Department of Energy Science                ary 1, 2005’’, approved January 16, 2009 (5            report this amendment. This is simply
                                             Education Enhancement Act (42 U.S.C. 7381a)             U.S.C. 5312 note; Public Law 111–1), is re-            language that is being reinserted back
                                             is amended—                                             pealed.                                                into the Energy bill that was taken
                                                (A) in subsection (b)—                                 (b) EFFECTIVE DATE.—This section shall               out. I will say that it is clarifying lan-
                                                (i) by striking paragraphs (1) and (2) and           take effect as though enacted on March 2,
                                             inserting the following:                                                                                       guage. We made some slight changes to
                                                                                                     2017.
                                                ‘‘(1) IN GENERAL.—The Director of the Of-                                                                   clarify that there are no mandates in
                                                                                                                      CLOTURE MOTION
                                             fice of Science (referred to in this subsection                                                                this legislation, and it has to do with
                                                                                                       Mr. MCCONNELL. Mr. President, I
                                             as the ‘Director’) shall provide for appro-                                                                    ensuring that we have encouragement
                                             priate coordination of science, technology,             send a cloture motion to the desk for
                                                                                                                                                            of energy efficiency in the single larg-
                                             engineering, and mathematics education                  the substitute amendment No. 1407.
                                                                                                                                                            est use of energy in our country, which
                                             programs across all functions of the Depart-              The PRESIDING OFFICER. The clo-
                                                                                                                                                            are our residential homes and commer-
                                             ment.                                                   ture motion having been presented
                                                                                                                                                            cial buildings. So I appreciate the fact
                                                ‘‘(2) ADMINISTRATION.—In carrying out                under rule XXII, the Chair directs the
                                             paragraph (1), the Director shall—                                                                             that Senator SHAHEEN is here on the
                                                                                                     clerk to read the motion.
                                                ‘‘(A) consult with—                                    The senior assistant legislative clerk               floor. I yield to the Senator.
                                                ‘‘(i) the Assistant Secretary of Energy with         read as follows:                                         The PRESIDING OFFICER. The Sen-
                                             responsibility for energy efficiency and re-
                                                                                                                      CLOTURE MOTION
                                                                                                                                                            ator from New Hampshire.
                                             newable energy programs; and                                                                                     Mrs. SHAHEEN. Mr. President, Sen-
                                                ‘‘(ii) the Deputy Administrator for Defense            We, the undersigned Senators, in accord-
                                                                                                     ance with the provisions of rule XXII of the           ator PORTMAN and I have been working
                                             Programs of the National Nuclear Security                                                                      on this legislation for about 10 years
                                             Administration; and                                     standing rules of the Senate, do hereby move
                                                                                                     to bring to a close debate on the amendment            now. It has gone through committee
                                                ‘‘(B) seek to increase the participation and
                                             advancement of women and underrep-                      No. 1407, as modified, to Calendar No. 357, S.         multiple times. It has gone through the
                                             resented minorities at every level of science,          2657, a bill to support innovation in advanced         floor of the Senate multiple times, and
                                             technology, engineering, and mathematics                geothermal research and development, and               we hope that we have it in a position
                                             education.’’; and                                       for other purposes.                                    now where we can actually get this
                                                (ii) in paragraph (3)—                                   Mitch McConnell, Chuck Grassley, John
                                                                                                            Barrasso, John Thune, Cindy Hyde-
                                                                                                                                                            done as part of the overall energy
                                                (I) in subparagraph (D), by striking ‘‘and’’                                                                package, which is significant and a
                                             at the end;                                                    Smith, Mike Braun, Lindsey Graham,
                                                                                                            Shelley Moore Capito, Lamar Alex-               tribute to the work of Senators MUR-
                                                (II) by redesignating subparagraph (E) as
                                                                                                            ander, Thom Tillis, Mike Crapo, James           KOWSKI and MANCHIN and so many peo-
                                             subparagraph (F); and
                                                (III) by inserting after subparagraph (D)                   E. Risch, Lisa Murkowski, John                  ple in this Chamber.
                                             the following:                                                 Hoeven, John Boozman, Steve Daines,               As Senator PORTMAN said, energy use
                                                ‘‘(E) represent the Department as the prin-                 Richard C. Shelby.                              in buildings is about 40 percent of our
                                             cipal interagency liaison for all coordination                           CLOTURE MOTION                        energy use. It is the biggest single sec-
                                             activities under the President for science,               Mr. MCCONNELL. Mr. President, I                      tor in our economy. Energy efficiency
                                             technology, engineering, and mathematics                send a cloture motion to the desk with                 is the cheapest, fastest way to deal
                                             education programs; and’’; and                          the underlying bill, S. 2657.                          with our energy needs. So what these
                                                (B) in subsection (d)—                                 The PRESIDING OFFICER. The clo-                      provisions would do—they are vol-
                                                (i) by striking ‘‘The Secretary’’ and insert-        ture motion having been presented
                                             ing the following:                                                                                             untary. What they would do is provide
                                                                                                     under rule XXII, the Chair directs the                 significant savings to consumers. They
                                                ‘‘(1) IN GENERAL.—The Secretary’’; and
                                                (ii) by adding at the end the following:
                                                                                                     clerk to read the motion.                              would be the equivalent of taking
                                                ‘‘(2) REPORT.—Not later than 180 days after            The senior assistant legislative clerk               every car and light truck off the road
                                             the date of enactment of this paragraph, the            read as follows:                                       for a year, so significant emission sav-
                                             Director shall submit a report describing the                          CLOTURE MOTION                          ings and significant energy savings.
                                             impact of the activities assisted with the                We, the undersigned Senators, in accord-             This is a win-win. I hope that the
                                             Fund established under paragraph (1) to—                ance with the provisions of rule XXII of the
                                                                                                                                                            amendment can be called up and
                                                ‘‘(A) the Committee on Science, Space, and           standing rules of the Senate, do hereby move
                                             Technology of the House of Representatives;             to bring to a close debate on Calendar No.             passed.
                                             and                                                     357, S. 2657, a bill to support innovation in            Mr. PORTMAN. I thank my col-
                                                ‘‘(B) the Committee on Energy and Natural            advanced geothermal research and develop-              league, and I yield back.
                                             Resources of the Senate.’’.                             ment, and for other purposes.                            The PRESIDING OFFICER. The Sen-
                                                (4) PROTECTING AMERICA’S COMPETITIVE                     Mitch McConnell, Chuck Grassley, John              ator from Alaska.




dlhill on DSKBBY8HB2PROD with SENATE
                                             EDGE (PACE) GRADUATE FELLOWSHIP PRO-                          Barrasso, John Thune, Cindy Hyde-                  TRIBUTE TO CHRISTOPHER JOHNSON, FRANK
                                             GRAM.—Section 5009 of the America COM-                        Smith, Mike Braun, Lindsey Graham,                JOHNSON, ETHAN CAMILLE, AND TREY CAMILLE
                                             PETES Act (42 U.S.C. 16536) is amended—                       Shelley Moore Capito, Lamar Alex-
                                                (A) in subsection (c)—                                     ander, Thom Tillis, Mike Crapo, James              Mr. SULLIVAN. Mr. President, it is
                                                (i) in paragraph (1) by striking ‘‘, involv-               E. Risch, Lisa Murkowski, John                   Thursday afternoon, and it is the time
                                             ing’’ and all that follows through ‘‘Sec-                     Hoeven, John Boozman, Steve Daines,              I love to come down to the floor. It is
                                             retary’’; and                                                 Richard C. Shelby.                               one of my favorite times of the week



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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                               S1583
                                             because I get to talk about an Alaskan                  in the house. Irene, the grandmother of                tic. They called out to the community
                                             who has done something really, really                   three and mother of one, was watching                  to help search for them, and that is
                                             important for their community, for                      them that day. It was her birthday. As                 what people did. All throughout the
                                             their State, and for their country. I                   boys do, they were getting restless.                   community, they couldn’t be found.
                                             know the pages like the speech because                  They wanted to get outside. Irene,                     And then, as often happens in our
                                             I talk about stories in Alaska—the                      wanting to have them get some exer-                    State, the Coast Guard, the National
                                             great State of Alaska and what is hap-                  cise and play, rightly encouraged them                 Guard, and local search and rescue
                                             pening in the State right now. Some-                    to get outside in the great outdoors,                  groups from neighboring villages were
                                             times I call this person the Alaskan of                 but the weather was turning a little bit               all activated—Alaskans throughout the
                                             the Week. Usually, it is one person.                    ugly. Storms were in the forecast.                     State going to look for these four boys.
                                             Sometimes we fudge a little and recog-                    Irene later said:                                    It was all hands on deck.
                                             nize more than one person. Today we                       They have to know how to be outside. They              Irene and Karen, one of the mothers,
                                             are going to recognize our Alaskans of                  are tough Alaskan kids. There’s always                 of three of them, were heartsick. Hours
                                             the Week.                                               going to be a storm coming. Besides, their el-         and hours went by. The whole State
                                               In any case, these are people who                     ders and their grandfather taught them to be           was holding its breath. It had been over
                                             help their communities, help their                      prepared for the weather.                              24 hours. The cold night fell. Around 2
                                             country, and oftentimes do something                      This is teaching from their grand-                   a.m., the search and rescue was called
                                             that is unheralded, nobody knows                        parents and mothers and fathers.                       off.
                                             about, very few know about, so I like                     So    the    four     boys—Christopher,                In the snow cave, however, these
                                             to come down and tell the country                       Frank, Ethan, and Trey—trudged out-                    young, tough Alaskan boys continued
                                             about what they are doing. As you                       side to partake in one of the most pop-                to protect each other. Almost 20 miles
                                             know, Alaska is a big State. It holds a                 ular winter hobbies we have in Alaska,                 away from home, they huddled. They
                                             lot of imagination for our Nation—the                   snowmachining.       Snowmachining      is             tried to keep each other warm to keep
                                             last frontier, with good reason, because                often referred to as snowmobiling by                   each other alive.
                                             we are filled with resilient people,                    many Americans, but I am going to                        Ethan didn’t have a glove. Chris-
                                             some who have lived in Alaska for                       call    it   by     its    proper   name,              topher was only wearing sweatpants,
                                             thousands and thousands of years,                       snowmachining. Due to a lack of road                   and they were particularly concerned
                                             building communities in some of the                     systems in our State, it also happens                  for the 2-year-old, Trey. First, one of
                                             most extreme weather environments                       to be a primary mode of transportation                 them crawled on top of Trey, but they
                                             on the planet, and they are tough, my                   during the winter months across doz-                   were afraid that might be too much for
                                             constituents. They are also kind, and                   ens and dozens of villages throughout                  him, so they created a kind of criss-
                                             they make it through our tough win-                     Alaska.                                                cross barrier to keep this young 2-year-
                                             ters.                                                     After they went riding around the                    old alive and warm as best they could.
                                               It is below zero in many, many parts                  small village, the boys were going to                    The 8-year-old, Frank, refused to
                                             of the State—well below zero. We make                   call it a day, when they spotted a fox.                close his eyes throughout the night for
                                             it through these winters through                        They spotted a fox. Like curious young                 fear of falling asleep and really never
                                             toughness, ingenuity, and, impor-                       boys do, the irresistible urge to trace                waking up. So he continuously stayed
                                             tantly, looking out for one another.                    this fox began, and they chased it out                 awake and poked the other boys
                                               Last week, I highlighted a heroic                     onto the tundra. Before they knew it,                  throughout the night to keep them
                                             Coast Guard rescuer, Evan Grills, in a                  they lost the fox. The snowmachine                     awake, which was successful.
                                             real epic story for those who listened                  was now stuck in the snow, and they                      The next morning, the storm had
                                             to it—what this young scout swim-                       were lost in a white blizzard. They                    cleared, the sun started to come up,
                                             mer—rescue swimmer did in his first                     were lost.                                             and the search throughout the State,
                                             mission ever in the Coast Guard, some-                    Chris, the 14-year-old—the oldest of                 with all of these other Alaskans look-
                                             thing that people should remember for                   the group, the leader—was determined                   ing for these four boys, continued. For
                                             a long, long time.                                      to lift the snowmachine free of the                    hours and hours, the search team kept
                                               This week, I am going to talk about                   snow. He lifted it so hard that it was                 their eyes peeled for anything unusual
                                             another rescue mission—an only-in-                      later discovered he suffered a hernia.                 on the tundra.
                                             Alaska mission—and I am going to rec-                   This is one tough kid.                                   About 1 hour before the sun was
                                             ognize four extraordinary young Alas-                     Eventually, the machine unfortu-                     going to go down again the next day,
                                             kans who stuck together, toughed it                     nately ran out of gas, and the young                   the search party from Scammon Bay—
                                             out, looked out for one another, and                    boys were miles and miles away from                    about 50 miles south—saw something.
                                             were rescued in another perilous situa-                 their village and lost. They began                     They knew how to read the tundra.
                                             tion. They are Christopher Johnson,                     tracking through the deep snow in                      They knew what a snow drift would
                                             age 14; Frank Johnson, age 8; Ethan                     whiteout conditions in a direction they                look like, and this one looked dif-
                                             Camille, age 7; and Trey Camille, 2                     thought was the way back home.                         ferent. Then they saw movement.
                                             years old. All of them are alive and re-                  At one point, one of the boys briefly                  The search party investigated and
                                             covering because of their own inge-                     took off his glove, which the wind                     came upon the four missing boys
                                             nuity, determination, toughness, and                    promptly took away in the storm. Yet                   huddled and bundled together. Because
                                             looking out for one another. These four                 they continued walking and walking                     it looked like one big mass, at first
                                             boys are from Nunam Iqua, a Yupik                       into winds as high as 60 miles per hour                they didn’t think any of the boys were
                                             village 495 miles northwest of Anchor-                  and wind chills way, way below zero.                   alive, and then they realized what was
                                             age.                                                      After fighting the deep snow and                     going on. They were protecting the
                                               Home to about 200 people, this village                whiteout conditions for 4 miles, Chris                 baby.
                                             is a close-knit Yupik community on                      decided it was time to try to build a                    One of the rescuers, Herschel Sun-
                                             the south fork of the Yukon River. A                    snow cave for shelter. That is a smart                 down, told a reporter they were pro-
                                             2005 mission statement, written by                      young man, knowing how to survive.                     tecting Trey. The rescue team imme-
                                             community leaders and elders, de-                         They did it. They built a shelter out                diately got to work warming the boys
                                             scribes the village like this: ‘‘a small                of snow—a hole for them to crawl into                  up, and within 15 minutes, a Coast
                                             quiet community of family, relatives,                   and escape some of these most brutal                   Guard helicopter—our brave men and
                                             and friends working together [to pur-                   wind gusts.                                            women of the Coast Guard, always on
                                             sue] our Yupik way of lifestyle with re-                  Now, a snow cave is only used as a                   the scene—quickly transported these




dlhill on DSKBBY8HB2PROD with SENATE
                                             spect to our surrounding land and                       last resort, but this was the last resort,             boys, after picking them up, to a local
                                             waters for subsistence.’’                               and these young boys knew it. So they                  hospital.
                                               Like many places in Alaska, tem-                      crawled in, and they huddled, and they                   Ethan, the 7-year-old, is now recov-
                                             peratures there can be extreme, as they                 waited for a rescue.                                   ering from severe frostbite on his
                                             would be on February 2, when these                        Back in the village, as you can imag-                hands, but all the kids are back at
                                             four boys were rambunctiously playing                   ine, the boys’ family was getting fran-                school and doing well.



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                                             S1584                                               CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                               The rescuer, Herschel Sundown said:                     tragedy like this from happening                       stead of the United States, the Depart-
                                               [Honestly], I don’t know how they sur-                  again. I called for a hard reset of the                ment should consider that when appro-
                                             vived. The will to survive in these young                 entire foreign national’s training pro-                priate.
                                             boys is amazing. I have never seen anything               gram and for all Saudi nationals train-                  This terrorist should have never been
                                             like [it].                                                ing in the United States to be sent                    allowed into our country, let alone on
                                               Irene, the grandmother of the three                     home until the U.S. Department of De-                  any American military base with easy
                                             and mother of one, is so very proud of                    fense completed a thorough review.                     access to military men and women.
                                             them. She said: If I were to get lost in                    We now know that 21 of the foreign                   The Secure U.S. Bases Act makes sure
                                             Alaska in the wilderness, I would want                    military students were withdrawn from                  foreign military students training at
                                             to be with these four boys. So would I.                   the program and returned to Saudi                      U.S. bases are thoroughly vetted and
                                               She also asked for the prayers of the                   Arabia after an investigation found                    monitored and that our troops are pro-
                                             country for Ethan and for his hand to                     that they were engaged in dangerous                    tected and never have to experience a
                                             heal. And that is starting to happen.                     activities, including accessing anti-                  tragedy like this again.
                                               These are the kind of young men and                     American jihadists websites and child                    I had the opportunity to serve in the
                                             boys in Alaska who make us so unique,                     pornography.                                           U.S. Navy and can’t imagine our mili-
                                             tough, and resourceful. They uplift us,                     Withdrawing these students was a                     tary men and women feeling unsafe on
                                             and they make us proud. They are the                      positive step, but there are still more                their post. It is a place where they
                                             protectors of their lands, their homes,                   than 850 military students from Saudi                  train and serve, where their families
                                             and, importantly, each other.                             Arabia who remain in the United                        live—some on base and some off—and
                                               To the rescue crews, thank you again                    States at 38 military installations in 17              where they deserve to feel safe and se-
                                             for your hard work and perseverance                                                                              cure.
                                                                                                       States, and there are thousands of ad-
                                                                                                                                                                I hope all my colleagues join me in
                                             and for risking your own lives for these                  ditional foreign nationals from coun-                  this effort and keep our U.S. bases se-
                                             young boys.                                               tries around the world training at U.S.                cure.
                                               To Christopher, Frank, Ethan, and                       military basis across our great Nation.                  I yield the floor.
                                             little 2-year-old Trey, thank you for                       I am not calling for an end to these                   The PRESIDING OFFICER. The Sen-
                                             your inspiration, for your ingenuity,                     programs. Our alliances around the                     ator from Texas.
                                             for your toughness, and for being able                    world, including our longstanding rela-                                  SUPREME COURT
                                             to survive in the elements and looking                    tionship with Saudi Arabia, are invalu-                  Mr. CORNYN. Mr. President, yester-
                                             out for each other. Thank you for stay-                   able in defending American national                    day our colleague, the senior Senator
                                             ing alive and staying safe, and con-                      securities and our interests abroad.                   from New York, headed across the
                                             gratulations on being our Alaskans of                     These programs play an important                       street to join a pro-abortion rally out-
                                             the Week.                                                 role, but we cannot put the lives of our               side the Supreme Court Building,
                                               I yield the floor.                                      military men and women at risk.                        where he made deeply disturbing com-
                                               The PRESIDING OFFICER. The Sen-                           We need to make sure that our men                    ments about two of the Justices sitting
                                             ator from Florida.                                        and women in uniform are safe at all                   on the Supreme Court. He said these
                                               Mr. SCOTT of Florida. Mr. President,                    times, especially when they are train-                 words:
                                             first, I want to thank the Senator from                   ing right here in the United States.                     I want to tell you, Gorsuch. I want to tell
                                             Alaska for his ‘‘Alaskans of the Week’’                     Today, I am proud to join with my                    you, Kavanaugh. You have released the
                                             each week. I have had the opportunity                     colleague Senator JONI ERNST to intro-                 whirlwind, and you will pay the price. You
                                             to preside a few times when he recog-                     duce the Secure U.S. Bases Act, to                     won’t know what hit you if you go forward
                                             nizes the Alaskan of the Week, and the                    make sure these programs are operated                  with these awful decisions.
                                             stories are unbelievable. The story last                  with American interests first and that                   He certainly didn’t mince words. The
                                             week of what the young man from the                       our men and women in uniform are                       minority leader of the U.S. Senate
                                             great State of Florida did up in Alaska                   protected.                                             threatened two sitting Supreme Court
                                             was just remarkable.                                        The Secure U.S. Bases Act does three                 Justices based on the potential out-
                                               So I say to the Senator, thank you                      things. First, it creates a new visa cat-              come of a case they are considering.
                                             for what you do.                                          egory for foreign military students                    That is the only way to interpret what
                                               Mr. SULLIVAN. Thank you.                                training on U.S. bases, with restric-                  he said.
                                                             SECURE U.S. BASES ACT                     tions on their travel and actions while                  It is no surprise to any of us that the
                                               Mr. SCOTT of Florida. Mr. President,                    they are in our country. Individuals                   Senator from New York is no fan of the
                                             I speak today in honor of the three vic-                  who receive the new visa will be pro-                  two most recent additions on the
                                             tims of the tragic terrorist attack that                  hibited from possessing, acquiring, or                 Court, but a fiery floor speech and a
                                                                                                       using firearms, except for uses specifi-               downright threat of violence are two
                                             took place at Naval Air Station Pensa-
                                                                                                                                                              very different things.
                                             cola on December 6, 2019.                                 cally required by their training pro-
                                                                                                                                                                We have heard some of our Demo-
                                               Airman Mohammed Sameh Haitham,                          gram, and they will be under the con-                  cratic colleagues voice their mis-
                                             known to friends and family as ‘‘Mo,’’                    tinual oversight of their commander.                   givings about the Court, but no one, to
                                             just 19 years old, from St. Petersburg,                     Second, the bill changes the applica-                my knowledge, has sunk so low as to
                                             FL, was a great athlete who loved to                      tion process and vetting requirements                  threaten sitting Justices. As you would
                                             make others laugh.                                        for foreign military students.                         expect, the shock and outrage were im-
                                               Ensign Joshua Kaleb Watson of En-                         The application to train on U.S.                     mediate. Liberal legal scholar Lau-
                                             terprise, AL, a 23-year-old natural-born                  bases will now require an official en-                 rence Tribe denounced Senator SCHU-
                                             leader and selfless volunteer, who lift-                  dorsement letter from the chief of in-                 MER. Even Chief Justice Roberts issued
                                             ed others up, died a hero after giving                    telligence of their home country, addi-                a rare public rebuke, calling the com-
                                             first responders information on the                       tional personal information, an in-per-                ments not only inappropriate but dan-
                                             shooter’s location while he was mor-                      son interview, and an extensive back-                  gerous.
                                             tally wounded.                                            ground check that will include a review                  The simple end to this story would be
                                               Airman Apprentice Cameron Scott                         of social media activity. The U.S. Di-                 that our colleague would apologize to
                                             Walters of Richmond Hill, GA, was just                    rector of National Intelligence will                   Justice Gorsuch, Justice Kavanaugh,
                                             21 years old, with a contagious smile,                    also be responsible for the final deci-                and to the American people, but in-
                                             whose dream was to serve his country.                     sion on whether to admit an applicant                  stead of doing that, he has doubled
                                               Our sailors and law enforcement offi-                   into this program.                                     down. His office has accused the Chief
                                             cials showed heroism and bravery in                         Finally, the Secretary of Defense                    Justice somehow of bias and said Sen-




dlhill on DSKBBY8HB2PROD with SENATE
                                             the face of evil, as they ran toward the                  must develop a method for classifying                  ator SCHUMER was referring to Repub-
                                             shooter that day, saving lives, and our                   relative risks by country and consider                 lican lawmakers, not the Associate
                                             first responders came to the first aid of                 the overall risk profile of each country               Justices, as if inciting violence against
                                             those in need.                                            when making determinations of an ap-                   Republican lawmakers is somehow ac-
                                               Following this attack, I promised to                    plicant’s eligibility. If a program could              ceptable, too, in the wake of what hap-
                                             do everything possible to prevent a                       be implemented in another country in-                  pened to STEVE SCALISE and other



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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                               S1585
                                             Members of Congress just a short time                   some legitimate questions and con-                       I am incredibly grateful to the
                                             previously. But the minority leader did                 cerns they needed answered.                            healthcare workers around the world
                                             not fumble over words. He clearly                         I felt like, at the time, the meeting                who are battling this virus and the
                                             named       Justices     Gorsuch      and               was a positive step to help encourage                  dedicated scientists who are working
                                             Kavanaugh in his threat, and when it                    coordination between local officials                   hard to develop a vaccine.
                                             caught the inevitable firestorm, his of-                and their Federal partners, but now                      In the past few days, I have spoken
                                             fice deliberately tried to mislead the                  there is even higher concern after we                  with President Trump, Secretary Azar,
                                             American people about what he said.                     learned one patient was released only                  and my colleagues on the Appropria-
                                               ‘‘[P]ay the price. You won’t know                     to later find out the test result indi-                tions Committee—who did good work
                                             what hit you’’—those are not the types                  cated her virus was still active. At the               on this supplemental appropriations we
                                             of statements we need from any elected                  end of her treatment, in accordance                    just voted on—about the need for addi-
                                             official, let alone one of the highest                  with CDC guidelines, the patient was                   tional coordination and resources, and
                                             ranking Democrats in the country, nor                   tested on two occasions with a 24-hour                 I thank each of them for their commit-
                                             are they a good example because oth-                    intervening period, which was protocol                 ment in keeping Americans and Texans
                                             ers—maybe vulnerable persons—who                        at the time, and she was ultimately re-                safe.
                                             hear words like that may become in-                     leased. Following her release, though, a                 In this supplemental appropriations
                                             cited to take things into their own                     test that the CDC was unaware was                      bill that we just voted on, I requested
                                             hands in innumerable ways that we                       conducted returned results indicating                  funding for State and local commu-
                                             can’t anticipate.                                       the patient was still a weak positive                  nities—including San Antonio—which
                                               Unfortunately, some of our col-                       for the virus. At that point, she was re-              have been at the forefront of this bat-
                                             leagues on the other side, including the                turned to isolation, after spending                    tle, and today we delivered a big win
                                             junior Senator from Rhode Island, fell                  about 12 hours in the broader San An-                  for them. The supplemental funding
                                             in line and chose to echo the minority                  tonio community, including time at a                   bill we just passed will make $950 mil-
                                             leader in criticizing the Chief Justice.                shopping mall and a hotel.                             lion available for reimbursement for
                                               It doesn’t matter what case is before                   While I am glad this mistake was                     the costs Texas and other States across
                                             the Supreme Court or what ruling is                     caught and corrected, it raises serious                the country have incurred while moni-
                                             ultimately handed down; congressional                   questions that need to be answered to                  toring and treating individuals exposed
                                             leaders must set an example for the                     ensure the continued protection of the                 to the coronavirus.
                                             American people and respect the inde-                   American people.                                         I want to thank Senator SHELBY and
                                             pendence of the judiciary and the three                   Earlier this week, Senator CRUZ and                  the ranking member, Senator LEAHY,
                                             coequal branches of government. We                      I sent a letter to the Director of the                 for their work on this, and I am glad
                                             have had innumerable discussions                        Centers for Disease Control, Dr. Robert                this much needed relief is now on the
                                             about hate speech and threats of vio-                   Redfield, asking him to explain how                    way.
                                             lence against our leaders and politi-                   this incident happened and how it                        I yield the floor.
                                             cians. The last thing we need is one of                 could be avoided in the future. Now                      I suggest the absence of a quorum.
                                             the most powerful men in the country                    that the majority of the individuals                     The PRESIDING OFFICER. The
                                             making a threat against Supreme                         who had been evacuated from the Dia-                   clerk will call the roll.
                                             Court Justices. It doesn’t matter                       mond Princess cruise ship, as well as                    The senior assistant legislative clerk
                                             whether you are a fourth grader on the                  from     Wuhan     Province—repatriated                proceeded to call the roll.
                                             playground or a U.S. Senator—our les-                   Americans—have been released from                        Mr. CASSIDY. Mr. President, I ask
                                             son should be that violence is never the                quarantine, what steps is the Centers                  unanimous consent that the order for
                                             answer and that words matter.                           for Disease Control taking to ensure                   the quorum call be rescinded.
                                               The simple end of this would be for                   they are truly clear of the virus? How                   The PRESIDING OFFICER (Mr.
                                             Senator SCHUMER to apologize to the                     are they monitoring those released                     SCOTT of Florida). Without objection,
                                             Justices for his attacks, by name: Jus-                 from quarantine, and what public                       it is so ordered.
                                             tice Gorsuch, Justice Kavanaugh, and                    health risks does the larger population                  Mr. CASSIDY. Mr. President, one
                                             Chief Justice Roberts.                                  face after their release?                              thing that is on everybody’s mind right
                                                               CORONAVIRUS                             After a lot of conversations, we also                now is this: How do we prepare to ad-
                                               Mr. President, on another matter, at                  asked Director Redfield if additional                  dress the coronavirus? I speak not just
                                             the beginning of February, the Air                      evacuees will be brought to Texas for                  as a Senator but, perhaps even more
                                             Force announced that my hometown,                       quarantine and what will happen if San                 particularly, as a physician who has
                                             San Antonio, would be one of the quar-                  Antonio’s health resources reach their                 done public health in my previous prac-
                                             antine sites for Americans evacuated                    maximum capacity.                                      tice, working with immunizations,
                                             from China due to the coronavirus.                        I think it is fair to say that my                    looking at all those issues as to who is
                                             Lackland Air Force Base is home to an                   hometown is carrying more than its                     vulnerable and who needs to be pro-
                                             incredibly dedicated and talented                       fair share of this international out-                  tected.
                                             group of airmen, and I thank the Air                    break, and its residents deserve an-                     There are a couple of things that are
                                             Force for their assistance in housing                   swers. As we continue to see headlines                 quite apparent from what we have al-
                                             these American evacuates during their                   about the spread of the virus in Wash-                 ready learned from this epidemic. Let
                                             quarantine period. Also, the State of                   ington State, New York, California,                    me compliment the Chinese. They have
                                             Texas and the city of San Antonio have                  and others, it is clear that time is of                come in for some criticism that was
                                             many hard-working medical profes-                       the essence.                                           well deserved, but in other things they
                                             sionals, and I have no doubt that these                   As we seek those answers, I encour-                  have helped determine a lot of things
                                             patients who developed symptoms have                    age all of my constituents and all                     that will benefit the rest of the world
                                             received top-notch care while at Meth-                  Americans to read the best guidance on                 in terms of the natural history of
                                             odist Hospital and the Texas Center for                 how to keep themselves and their fami-                 coronavirus.
                                             Infectious Disease.                                     lies safe. While this is a new virus, the                By the way, the theme of this talk is
                                               But there was and still is serious con-               same old techniques that your mother                   that we have to make sure that
                                             cern about the larger public health im-                 taught you while you were growing up                   coronavirus medications are going to
                                             pact this virus could have. A couple of                 apply: Wash your hands, disinfect com-                 be available and affordable for senior
                                             weeks ago, I brought together the city                  monly touched household surfaces, and                  citizens. Why do I emphasize senior
                                             of San Antonio officials, like the                      avoid contact with those who are sick.                 citizens? One thing we have learned




dlhill on DSKBBY8HB2PROD with SENATE
                                             mayor and two members of city coun-                     That is just common sense. Try to                      from the Chinese is that those who are
                                             cil, for meetings with the Department                   avoid touching your face, be sure to                   50 and above—and 65 and above, in par-
                                             of Health and Human Services and the                    cover your cough or sneeze, and stay                   ticular—are the ones who are most
                                             Defense Department to discuss the on-                   home if you are not feeling well. Those                likely to die from being exposed to and
                                             going mission concerns and challenges.                  are the commonsense ways we can pro-                   infected with coronavirus. That is our
                                             The mayor and the city council had                      tect ourselves.                                        Medicare Part D population. If you



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                                             S1586                                             CONGRESSIONAL RECORD — SENATE                                                        March 5, 2020
                                             have a chronic illness—and chronic ill-                   Mr. President, you know this, but for                  But for the purposes of this talk, in-
                                             ness can be hypertension, high blood                    the folks watching, I will explain the                 stead of current law where it is 5 per-
                                             pressure—again, you are particularly                    tension. Whatever we do to control the                 cent no matter how much it is, what
                                             susceptible. If we know that our Medi-                  cost of medication has to preserve the                 the senior citizen has to pay is capped,
                                             care population is most vulnerable, let                 incentive for industry—for pharma-                     so however much that coronavirus drug
                                             us focus particularly upon them.                        ceutical companies and vaccine manu-                   costs, the senior can afford it. She will
                                               First, science is working. There are                  facturers—to continue to innovate. If                  not die because she can’t afford to pay
                                             at least six vaccines that are being de-                you take away all their profits, they                  5 percent of a list price no matter how
                                             veloped to attempt to address the                       will just go home. Why invest billions                 high that list price is.
                                             coronavirus. Hopefully, one of them                     of dollars if you don’t make a profit?                   This so-called Grassley-Wyden bill
                                             will work. There are other therapies                    On the other hand, if they are able to                 has passed out of the Senate Finance
                                             being developed. Some of them are                       charge so much that no one can afford                  Committee. It needs to come to the
                                             medications. Four different medicines                   it, no matter how innovative they are,                 floor of the Senate. We need to have a
                                             are now being tested to see if they are                 it is as if the innovation never oc-                   vote on it because as we prepare to
                                             the ones that absolutely prevent                        curred.                                                fight the coronavirus—to literally put
                                             coronavirus. We know whatever drug                        If the theme of this discussion is                   in policies that will save lives of our
                                             that is could end up being quite expen-                 ‘‘How     do   we    make    sure    that              senior citizens—one of those has to be
                                             sive. For the Medicare Part D bene-                     coronavirus medications are available                  this: How do we make sure the drug is
                                             ficiary, that leads into this discussion:               and affordable for the senior citizen?’’               affordable?
                                             How do we make sure those drugs are                     we have to strike that balance. It has                   I am renaming Grassley-Wyden. I am
                                             effective?                                              to be the balance between encouraging                  now calling Grassley-Wyden the ‘‘Mak-
                                               Let me show you the current situa-                    innovation by allowing a profit but not                ing Coronavirus Drugs Affordable.’’ It
                                             tion. This is the Medicare Part D                       so much profit that the senior citizen                 caps out-of-pocket expenses; it lets pa-
                                             standard benefit parameter under cur-                                                                          tients pay over time, not all at once in
                                                                                                     cannot afford it, and it is as if the in-
                                             rent law. In the orange is that which                                                                          January and February; it protects pa-
                                                                                                     novation never occurred.
                                             the beneficiary pays, the Medicare Part                   So far there are two options. There is               tients from price gouging; it preserves
                                             D beneficiary. The blue is what the in-                 a bill on the House side called H.R. 3. A              the innovation that does bring us these
                                             surance plan pays. The green is what                    lot of what they have is very similar to               new drugs.
                                             the manufacturer pays. The dark blue                    that which was passed in the Senate,                     We have lots of stuff coming through
                                             is what the taxpayer pays, the Medi-                    which I personally think is a very good                this Congress to address our Nation’s
                                             care system.                                                                                                   vulnerability to coronavirus. We need
                                                                                                     bill. But they have one provision that
                                               What you see is, initially, beneath                                                                          to focus on those who are most vulner-
                                                                                                     says the Federal Government can dic-
                                             the deductible, the Part D bene-                                                                               able, those who are 65 and above. We
                                             ficiary—the senior citizen on Medicare                  tate to the pharmaceutical company:
                                                                                                     This is how much you charge. And if                    applaud industry, pharmaceutical com-
                                             Part D—pays 100 percent. Then, you go                                                                          panies, researchers, and vaccine manu-
                                             into what is called the initial coverage                you don’t accept our price, ultimately,
                                                                                                                                                            facturers for the effort they are put-
                                             phase, 25 percent; the coverage gap                     we will take 95 percent of your profits.
                                                                                                       If we are going to try to incentivize                ting in to find those drugs. We thank
                                             phase, 25 percent; and then above the                                                                          the Chinese for running many of these
                                                                                                     companies to come up with new medi-
                                             catastrophic coverage, the senior cit-                                                                         clinical trials that will hopefully es-
                                                                                                     cations to fight cancer, to fight
                                             izen pays 5 percent, no matter how                                                                             tablish that one of these drugs is actu-
                                             much that drug costs. That drug could                   coronavirus, to fight Alzheimer’s dis-
                                                                                                                                                            ally effective. Yet what we must do is
                                             cost $1 million, and they are going to                  ease, we can’t go to them at the get-go
                                                                                                                                                            continue to allow innovation and, at
                                             pay 5 percent under current law.                        and say: If you don’t accept the price
                                                                                                                                                            the same time, make sure that
                                               By the way, that is the list price.                   we dictate, we are going to take 95 per-
                                                                                                                                                            coronavirus drugs are affordable. This
                                             Even if the manufacturer and the phar-                  cent of your profit.
                                                                                                       That is the way you end up with no                   bill will pass the Senate if it comes to
                                             macy benefit manager have a deal                                                                               the floor. I ask that it be brought to
                                             where the drug might be priced at                       innovation whatsoever. Even though
                                                                                                     there is a fair part of that bill that is              the floor.
                                             $100,000 but the rebate is $50,000 that                                                                          I yield the floor.
                                             goes back to the manufacturer—so                        constructed, that one is a deal breaker,                 I suggest the absence of a quorum.
                                             your net price is $50,000—the bene-                     and I can tell you that this doctor, who                 The PRESIDING OFFICER. The
                                             ficiary is paying 5 percent of the list                 has seen a tremendous amount of inno-                  clerk will call the roll.
                                             price. She is paying 5 percent of                       vation that has saved so many lives,                     The legislative clerk proceeded to
                                             $100,000. She does not benefit from any                 will not agree to a provision that kills               call the roll.
                                             rebates. This is current law.                           innovation.                                              Ms. MURKOWSKI. Mr. President, I
                                               We can imagine if a drug that is                        But then we go to the other side.                    ask unanimous consent that the order
                                             quickly developed, expensive to de-                     What about the bill that we have here                  for the quorum call be rescinded.
                                             velop, and expensive to produce—and it                  in Senate Finance? It came out of the                    The PRESIDING OFFICER. Without
                                             is the only one that works against the                  Senate Finance Committee on a bipar-                   objection, it is so ordered.
                                             coronavirus—it is going to be an expen-                 tisan basis, and on that bipartisan                                      S. 2657
                                             sive drug. We can also imagine if it is                 basis, it saves taxpayers $80 to $100 bil-               Ms. MURKOWSKI. Mr. President, I
                                             an old drug that happens to work,                       lion over 10 years. Drug companies still               appreciate the strong vote that we had
                                             there might be somebody who buys it,                    make their profit. They still have the                 yesterday, 90 to 4, to advance and con-
                                             closes down all the competition, and                    incentive to innovate, but taxpayers                   tinue debate on S. 2657.
                                             then charges an arm and a leg for this                  also save.                                               Just after that vote was concluded, I
                                             one old medicine—off patent for dec-                      Most importantly, for the sake of                    laid down a substitute amendment that
                                             ades—that happens to be the one medi-                   this talk—which is how we make                         contains the full text of the bipartisan
                                             cine that actually works to prevent the                 coronavirus medications affordable to                  American Energy Innovation Act. Hav-
                                             progression of coronavirus infection.                   the senior citizen when they become                    ing done that, we would normally begin
                                               How do we protect the senior citizen?                 available—we cap the amount of money                   the process of voting on amendments,
                                             Right now, one more time, she is ex-                    the senior citizen has to pay for her                  whether by voice or by rollcall in this
                                             posed to 5 percent of the cost, no mat-                 drugs. They no longer pay 5 percent of                 so-called regular order. We certainly
                                             ter how expensive it is, under current                  this price, even if the list price is $1               have no shortage of options. We have
                                             law. There are a couple of proposals                    million. We are going to cap that so                   some 200 amendments that have now




dlhill on DSKBBY8HB2PROD with SENATE
                                             out there right now. One of them is on                  the senior citizen can afford it. One                  been filed to the bill. What we are
                                             the House side, called H.R. 3, and the                  thing we also do is protect the tax-                   missing is a little bit of cooperation so
                                             other principal bill on the Senate side                 payer from having to pay so much and,                  that we can actually reach consent and
                                             is called Grassley-Wyden. I am going to                 instead, ask the manufacturers and the                 move to votes.
                                             rename it in a second. But let me just                  pharmacy benefit managers to pay                         We could not reach agreement to
                                             say those are the two bills.                            their fair share.                                      have votes throughout the course of



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                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                    S1587
                                             this week from Monday until, effec-                     Senate, but we have also drawn strong                  the American Petroleum Institute and
                                             tively, now. It has been frustrating.                   support from many stakeholders out-                    the National Ocean Industries Associa-
                                             Both Senator MANCHIN and I have been                    side. A group of 39 major trade associa-               tion. We appreciate all of them—
                                             working to try to facilitate that. We                   tions, think tanks, advocacy groups,                   ClearPath Action, Citizens for Respon-
                                             want to take amendments. The leader                     and environmental groups wrote us to                   sible Energy Solutions, the Corps Net-
                                             wants us to take amendments. We have                    express their strong support for our en-               work, the American Wind Energy Asso-
                                             a good bill. We think we have a pretty                  ergy innovation package. The signato-                  ciation, the Nuclear Energy Institute,
                                             strong bill, but we know that it is al-                 ries include the U.S. Chamber of Com-                  the Clean Air Task Force, Third Way,
                                             ways possible to make it better by                      merce, the National Association of                     the Energy Storage Association, and so
                                             gathering those ideas from colleagues                   Manufacturers, the Environmental De-                   many more that have contacted us and
                                             who have not been part of the process                   fense Fund, and the Nature Conser-                     have shared their support.
                                             on the Energy and Natural Resources                     vancy—just to name a few of the many.                    We are hearing a lot from Alaskans
                                             Committee. We want to address those                       Here are some of the comments that                   as well. As the Alaska Power Associa-
                                             priorities from as many Members as we                   we have heard.                                         tion wrote in a letter we received this
                                             can.                                                      They wrote:                                          week:
                                               While we were blocked on votes this                     Our diverse organizations recognize and                APA and our member electric utilities
                                             week, our staffs have been working to-                  agree that climate change is an important              throughout the State reiterate our support
                                                                                                     national priority that demands Congres-                for the many energy law modernization ele-
                                             gether—Senator MANCHIN’s and mine—                      sional attention. While we may not agree on            ments that comprise your American Energy
                                             to develop a modified substitute that                   everything, we believe there is much com-              Innovation Act . . . AEIA will help Alaska’s
                                             will add to the original text. We now                   mon ground upon which all sides of the de-             far-flung electricity providers and their con-
                                             have a total of 18 filed amendments                     bate can come together to begin to address             sumers.
                                             that will be included as part of the un-                climate change, promote American techno-                 The U.S. Chamber of Commerce’s
                                             derlying text. We have been working                     logical leadership, and foster continued eco-
                                                                                                     nomic growth. In particular, there is a grow-
                                                                                                                                                            Global Energy Institute wrote: ‘‘We
                                             this week—maybe not actively out on                                                                            urge the Senate to seize this oppor-
                                                                                                     ing consensus that the development and
                                             the floor with a process where folks are                                                                       tunity to fuel American innovation and
                                                                                                     commercialization of new technologies are
                                             voting—but we have been able to take                    important factors that will determine how              promote climate action by passing this
                                             some of these consensus areas, bring                    quickly and at what cost greenhouse gas                legislation without delay.’’
                                             them together, and put them into a                      emissions can be reduced.                                Those are some pretty good words
                                             modified text.                                            The American Energy Innovation Act will              coming from them. We certainly would
                                               This is not my preferred approach. If                 help do just that . . . [It] will accelerate           agree.
                                             we could do it the good old-fashioned                   these breakthroughs and enable adoption of
                                                                                                                                                              We had an opportunity this morning,
                                                                                                     lower emitting and more efficient tech-
                                             way, if you will, through individual                                                                           in the Committee on Energy and Nat-
                                                                                                     nologies . . . Congress now has its best op-
                                             votes or a managers’ amendment—a                        portunity in more than a decade to enact               ural Resources, to hear from the head
                                             managers’ package—that is great. But                    significant energy legislation.                        of the IEA, the International Energy
                                             a modified substitute was the only op-                    That is a pretty strong statement                    Agency, which is based out of Paris,
                                             tion that was available to us, recog-                   from those organizations.                              France. Dr. Fatih Birol heads up the
                                             nizing that we have limited time on                       The National Mining Association                      member countries that are part of the
                                             the floor, and we were still not able to                wrote to us, whose members under-                      IEA, and they track trends in energy
                                             form that path forward.                                 stand as well as anyone that clean                     markets. We do an annual update with
                                               I want to speak quickly about what                    technologies rely on raw materials.                    Dr. Birol, and, as usual, his words were
                                             is very much a highlight. Our modified                    It wrote: ‘‘This forward-looking legis-              important, telling, and resounding.
                                             substitute includes an even number of                   lation takes steps to address the na-                    As we reflect on what Dr. Birol high-
                                             priorities from both sides, some with                   tion’s alarming mineral import reli-                   lighted as areas of opportunity for the
                                             amendments, some with modifications.                    ance and brings the United States to                   United States to be a global energy
                                             We have been able to take provisions                    the forefront of research and develop-                 leader, what we have put in the Amer-
                                             from the Senator from Arizona, the                      ment efforts in carbon capture tech-                   ican Energy Innovation Act is exactly
                                             Senator from Rhode Island, Senator                      nologies.’’                                            the recipe that we should be pursuing
                                             ERNST of Iowa, FEINSTEIN of California,                   The Consumer Energy Alliance wrote                   to continue being a leader in the en-
                                             TILLIS of North Carolina, from New                      that our American Energy Innovation                    ergy sector, to being a strong leader
                                             Hampshire, South Dakota, Senator                        Act ‘‘provides opportunities to make                   from an economic perspective, and to
                                             HASSAN, Senator SHAHEEN, Senator                        real progress on the energy issues and                 being a strong leader in energy secu-
                                             ENZI of Wyoming, DUCKWORTH of Illi-                     environmental protections that all                     rity, in national security, and in envi-
                                             nois, CRAMER of North Dakota, CASEY                     Americans support.’’                                   ronmental security.
                                             of Pennsylvania, ROMNEY of Utah,                          The Bipartisan Policy Center wrote                     We are doing the right thing, and we
                                             BROWN of Ohio, WICKER of Mississippi,                   that our bill is ‘‘a landmark piece of                 have it within this legislation. We will
                                             STABENOW of Michigan, RISCH of Idaho,                   legislation representing a down pay-                   be moving forward more aggressively
                                             Senator MARKEY of Massachusetts—18                      ment on the innovation necessary to                    with it next week so that we can get to
                                             different provisions, which added to                    decarbonize our energy sector and mod-                 a good and positive conclusion for the
                                             what we had done previously.                            ernize our nation’s energy policies.’’                 Senate and for the country.
                                               We have priorities from nearly 70                       The Business Council for Sustainable                   I yield the floor.
                                             Members of the Senate. That makes a                     Energy wrote: ‘‘The bipartisan intro-                    The PRESIDING OFFICER. The Sen-
                                             good, strong bipartisan bill even better                duction of the American Energy Inno-                   ator from Georgia.
                                             and stronger.                                           vation Act demonstrates Congress’                                        CORONAVIRUS
                                               We now need to move to our final                      commitment to innovation in the U.S.                     Mrs. LOEFFLER. Mr. President, I
                                             steps. Just a bit ago, the majority lead-               energy sector.’’                                       was sworn in 2 months ago and left be-
                                             er filed cloture on our modified sub-                     All told, we have received support                   hind a nearly three-decade business ca-
                                             stitute amendment, which will allow us                  from more than 200 groups, companies,                  reer to serve the people of Georgia in
                                             to hold that vote on Monday evening.                    and organizations for this legislation.                our Nation’s Capital. It is truly my
                                             As we look to complete our work on                      These are groups that are really in-                   honor to support and defend the Con-
                                             this bipartisan innovation package,                     volved in keeping the lights on in big                 stitution.
                                             know that we are going to be doing                      cities, in small communities, and all                    I arrived as impeachment began, one
                                             that throughout today, tomorrow, and                    across the Nation. These involve folks                 of the most divided and partisan times




dlhill on DSKBBY8HB2PROD with SENATE
                                             through the weekend.                                    from Edison Electric Institute, the                    in the history of Congress. Now, with
                                               I want to address very quickly now                    American Public Power Association,                     impeachment behind us and the Presi-
                                             some of the support that the American                   and the National Rural Electric Coop-                  dent’s having been acquitted, ongoing
                                             Energy Innovation Act has received.                     erative Association.                                   partisanship is undermining the Amer-
                                             We have focused on the priorities that                    These are groups whose members are                   ican people’s access to facts during a
                                             it contains for Members here in the                     working to keep energy affordable, like                public health emergency.



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                                             S1588                                              CONGRESSIONAL RECORD — SENATE                                                      March 5, 2020
                                               What I have seen in the last few                       is still there and the loss of property.               practical information on that cleanup
                                             weeks has been alarming. Day after                       It is going to be in the hundreds of mil-              and then kind of next steps as you go
                                             day, I witness exactly why the Amer-                     lions of dollars. Those estimates are                  about filing claims and rebuilding.
                                             ican people are fed up with Wash-                        beginning to take place, but there is a                  So we do look forward to individuals
                                             ington—the partisan rhetoric, the me-                    lot of work to do.                                     having access to this information and
                                             dia’s sensationalism, the negative po-                     The loss of life is, indeed, the most                using it because we know that we want
                                             litical news—all while America is fac-                   tender as 24 individuals have lost their               to be there and help them to recover
                                             ing a public health emergency.                           lives—18 in Putnam County. We have                     during this terrible time.
                                               The government at all levels must                      children who have lost their lives. We                   Tennessee is a State that is known
                                             carry out the responsibility to keep                     have dozens who have been injured and                  for its volunteer spirit, and as you look
                                             Americans safe. Federal agencies and                     who have been hospitalized. We still                   through some of the social media posts
                                             the Vice President and our President                     have some individuals who are unac-                    that were coming out during this
                                             are working relentlessly to do just                      counted for and are missing. So there                  storm and after the storm and you see
                                             that. We need to be united in our ef-                    is a long way back to normalcy as we                   the horror of what was transpiring
                                             forts to protect the health and safety                   look at this situation.                                with the tornadoes, you also see hope,
                                             of all Americans. This is not a time to                    I will tell you that I give a lot of                 and you see how the elected officials—
                                             score political points through baseless                  credit to our Governor and the leader-                 those local officials in these commu-
                                             commentary. It is a time for facts.                      ship that he has shown as we have                      nities—have stepped up and have taken
                                               I hope my colleagues, the media, and                   worked through this. He did get a for-                 the lead. Our mayors and our sheriffs
                                             political leaders across America will                    mal request submitted to FEMA today.                   are to be commended for the work they
                                             continue to put Americans first and                      He has asked for President Trump to                    are doing and also our emergency re-
                                             put politics aside while we prepare to                   issue a major disaster declaration. This               sponse personnel, all of our first re-
                                             combat this outbreak.                                    is going to include individual assist-                 sponders, for the way they have shown
                                               I suggest the absence of a quorum.                     ance for Davidson, Putnam, and Wilson                  up and they have worked through.
                                               The PRESIDING OFFICER. The                             Counties; public assistance for Benton,                Some of them worked through 36, 40
                                             clerk will call the roll.                                Carroll, Davidson, Gibson, Putnam,                     hours without a break in order to re-
                                               The legislative clerk proceeded to                     and Wilson Counties; and hazard miti-                  spond to this.
                                             call the roll.                                                                                                    I was at the State Emergency Oper-
                                                                                                      gation statewide. He has also requested
                                               Mrs. BLACKBURN. Mr. President, I                                                                              ations Center, and in Tennessee we
                                                                                                      Small Business Administration loans
                                             ask unanimous consent that the order                                                                            have, at our National Guard facility,
                                                                                                      for several counties.                                  the TEMA response facility, and indi-
                                             for the quorum call be rescinded.                          This is catastrophic damage. As our
                                               The PRESIDING OFFICER. Without                                                                                viduals would be so encouraged to see
                                                                                                      teams worked together to assess the
                                             objection, it is so ordered.                                                                                    this working because you have rep-
                                                                                                      situation and as I worked yesterday
                                                                                                                                                             resentatives from the highway patrol
                                                             TENNESSEE TORNADOES                      with our State’s insurance commis-
                                               Mrs. BLACKBURN. Mr. President, as                                                                             and from the TBI and from the Red
                                                                                                      sioner; with Director Sheehan of                       Cross and from so many different State
                                             I begin my remarks today, I express                      TEMA, the Tennessee Emergency Man-                     agencies, and they are working there
                                             my thanks to my colleagues here in                       agement Agency; with General Holmes,                   together to meet the needs of Ten-
                                             this Chamber and, certainly, all across                  our Adjutant General for the National                  nesseans.
                                             Capitol Hill who have extended their                     Guard; and FEMA, with its regional Di-                   On Tuesday evening, when I landed, I
                                             thoughts and their prayers and have                      rector, one of the things that was so                  went straight over to the operations
                                             asked ‘‘How are you doing?’’ when it                     significant was that the debris field                  center, and there was one gentleman,
                                             comes to talking about Tennessee and                     went on for miles and miles and miles                  and he had his puppy there. So of
                                             our citizens and those who have been                     outside of the areas that were hit. So                 course that was the first thing I want-
                                             so adversely impacted by the tornadoes                   we know this is going to take a little                 ed to do, was meet his pet. He was
                                             this week.                                               while.                                                 there working with him. And I found
                                               The damage is absolutely indescrib-                      I do have some information that I                    out that this employee, Brandon Ward,
                                             able. Even though, on early Tuesday                      want to share. The Tennessee Emer-                     actually had slept on a cot there at the
                                             morning, when the news broke and I                       gency Management Agency has taken                      facility because he had lost his home.
                                             started watching some of the local TV                    the lead in organizing the shelters and                So what did he do? The storm hits. His
                                             stations that had put drones up there                    the command centers on the ground in                   home gets hit. He heads over to work.
                                             around Nashville and Putnam County                       order to get this information out to in-               He has his pet with him. He was stay-
                                             and over in Wilson County, I could not                   dividuals in the State and to the indi-                ing there, helping others even though
                                             appreciate the extent of this damage                     viduals around the country who have                    he had experienced loss.
                                             until I walked these neighborhoods.                      family who live in these areas.                          We were at a shelter, and there was a
                                             That is something I did yesterday.                         There are three contact points that I                nurse, a paramedic, who was there, and
                                               You can see the damage. Commu-                         want to bring attention to: the home                   I found out she was from Bowling
                                             nities are now debris fields. It is just                 and property cleanup hotline, the                      Green, KY. I asked why she had chosen
                                             indescribable the power of this storm—                   statewide crisis phone line, and then,                 to come. She said: We knew you needed
                                             an F–2, an F–3, and an F–4. These tor-                   for individuals who are trying to figure               help. So she came from Bowling Green
                                             nadoes ripped through Tennessee—                         out how to access help for recovery,                   to fill in until someone could get there
                                             through Carroll County, Gibson Coun-                     the website TN.gov/TEMA. There is a                    and handle a shift. Helping people.
                                             ty, Humphreys County, Benton County,                     resource directory—an aggregation—of                   Meeting their needs.
                                             Davidson County, Wilson County, and                      where to go to find help and informa-                    We have seen Tennesseans by the
                                             Putnam County. The damage that they                      tion.                                                  thousands show up. Big smiles. They
                                             have seen on the ground is sometimes                       The crisis phone line is a mental                    have got water. They have got food.
                                             for 50 miles. It is just absolutely inde-                health phone line because the impact                   They have brought along chainsaws
                                             scribable.                                               of this kind of tragedy just cannot be                 and tractors and bulldozers and four
                                               What we have seen are many families                    understated.                                           wheelers—everything needed to clear
                                             who have been left homeless. Their                         So, as I said, two important phone                   these debris fields, to move into these
                                             homes are now piles of rubble. We have                   numbers—one can help you if you need                   communities where houses once stood,
                                             seen over 100,000 Tennesseans initially                  emergency cleanup, and another will                    and to help these individuals who are
                                             without electricity, but because of the                  connect you to trained mental health                   seeking to push forward in rebuilding




dlhill on DSKBBY8HB2PROD with SENATE
                                             good work of the TVA, which is the                       professionals. Individuals should be en-               their lives, cleaning up the damage
                                             power generator, and our local power                     couraged to call if they have need                     that has been left by this storm, sifting
                                             distributors, we have that number                        there.                                                 through what was once their home and
                                             worked down to 23,550. So that is begin-                   On the website, you will find shelter                finding those precious mementos. That
                                             ning to improve, and the lights are, in-                 locations, emergency accommodations                    is what is happening in Tennessee this
                                             deed, coming back on. Yet the damage                     and transportation, and just some                      week.



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