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).”
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Congressional Record
E PL
UR M
IB NU
U U
S
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.
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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
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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.
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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
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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
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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
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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
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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.
VerDate Sep 11 2014 04:04 Mar 06, 2020 Jkt 099060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\L05MR7.000 H05MRPT1
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
UR M
IB NU
U U
S
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,’’
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∑ 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
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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
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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
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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
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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.
dlhill on DSKBBY8HB2PROD with SENATE
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-
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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;
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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.’’.
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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
dlhill on DSKBBY8HB2PROD with SENATE
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);
dlhill on DSKBBY8HB2PROD with SENATE
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;
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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.
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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-
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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-
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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,
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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.
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‘‘(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.
dlhill on DSKBBY8HB2PROD with SENATE
(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-
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(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
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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-
dlhill on DSKBBY8HB2PROD with SENATE
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
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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
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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));
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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
dlhill on DSKBBY8HB2PROD with SENATE
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-
dlhill on DSKBBY8HB2PROD with SENATE
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.—
dlhill on DSKBBY8HB2PROD with SENATE
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-
dlhill on DSKBBY8HB2PROD with SENATE
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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