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Home Source documents Senate Amendments to S. 2657, March 4, 2020 — Congressional Record

Senate Amendments to S. 2657, March 4, 2020 — Congressional Record

Summary

Congressional Record — Senate for March 4, 2020, beginning at page S1480. It opens with the closing lines of a Senate resolution that designates March 4, 2020 as National Assistive Technology Awareness Day. The amendments section includes amendments by Mr. LEE, Mr. BRAUN and others intended to be proposed to amendment SA 1407 proposed by Ms. MURKOWSKI to the bill S. 2657. Mr. MCCONNELL (for Mr. CORNYN) proposes an amendment to the bill S. 893 on the security of next generation mobile telecommunications systems. The text of SA 1480 adds a Title IV, the DIGIT Act, with findings and a sense of Congress on the Internet of Things.

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Cite this document

“Senate Amendments to S. 2657, March 4, 2020 — Congressional Record.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-03-04-crec-2020-03-04-pt1-pgs1480-2-295f94d2fa/, SHA-256 e827da67347c9a2950e2a747dda068cb8632ca7215e3d210d776d1bcd192027a.

Full text

                                               S1480                                             CONGRESSIONAL RECORD — SENATE                                                          March 4, 2020
                                               obtain assistive technology: Now, therefore,            RIS, and Mr. MARKEY)) submitted an amend-              mental appropriations for the fiscal year
                                               be it                                                   ment intended to be proposed to amendment              ending September 30, 2020, and for other pur-
                                                 Resolved, That the Senate—                            SA 1407 proposed by Ms. MURKOWSKI to the               poses; which was ordered to lie on the table.
                                                 (1) designates March 4, 2020, as ‘‘National           bill S. 2657, supra; which was ordered to lie            SA 1507. Mr. LANKFORD submitted an
                                               Assistive Technology Awareness Day’’; and               on the table.                                          amendment intended to be proposed to
                                                 (2) commends—                                           SA 1493. Mr. LEE (for himself, Mr. CRUZ,             amendment SA 1407 proposed by Ms. MUR-
                                                 (A) assistive technology specialists and              Mr. RISCH, and Mr. CRAPO) submitted an                 KOWSKI to the bill S. 2657, to support innova-
                                               program coordinators for their hard work                amendment intended to be proposed to                   tion in advanced geothermal research and
                                               and dedication to serving individuals with              amendment SA 1407 proposed by Ms. MUR-                 development, and for other purposes; which
                                               disabilities who are in need of finding the             KOWSKI to the bill S. 2657, supra; which was           was ordered to lie on the table.
                                               proper assistive technology to meet their in-           ordered to lie on the table.                             SA 1508. Mr. HAWLEY submitted an
                                               dividual needs; and                                       SA 1494. Mr. LEE submitted an amendment              amendment intended to be proposed to
                                                 (B) professional organizations and re-                intended to be proposed to amendment SA                amendment SA 1407 proposed by Ms. MUR-
                                               searchers dedicated to facilitating the access          1407 proposed by Ms. MURKOWSKI to the bill             KOWSKI to the bill S. 2657, supra; which was
                                               and acquisition of assistive technology for             S. 2657, supra; which was ordered to lie on            ordered to lie on the table.
                                               individuals with disabilities and older adults          the table.                                               SA 1509. Ms. MCSALLY (for herself and Mr.
                                               in need of assistive technology devices.                  SA 1495. Mr. CASSIDY (for himself, Mr.               LEAHY) submitted an amendment intended to
                                                                                                       CORNYN, Mr. INHOFE, Mr. LANKFORD, Mrs.                 be proposed to amendment SA 1407 proposed
                                                               f                                                                                              by Ms. MURKOWSKI to the bill S. 2657, supra;
                                                                                                       HYDE-SMITH, Mr. SULLIVAN, Mr. BARRASSO,
                                                 AMENDMENTS SUBMITTED AND                              Mrs. CAPITO, Mr. RISCH, Mr. CRAMER, Mr.                which was ordered to lie on the table.
                                                        PROPOSED                                       TILLIS, Mr. CRAPO, Mr. BRAUN, Mr. CRUZ, Mr.              SA 1510. Mr. MCCONNELL (for Mr. CORNYN)
                                                                                                       HOEVEN, and Mr. TOOMEY) submitted an                   proposed an amendment to the bill S. 893, to
                                                 SA 1480. Mrs. FISCHER (for herself, Mr.               amendment intended to be proposed to                   require the President to develop a strategy
                                               SCHATZ, Mr. GARDNER, and Mr. BOOKER) sub-               amendment SA 1407 proposed by Ms. MUR-                 to ensure the security of next generation
                                               mitted an amendment intended to be pro-                 KOWSKI to the bill S. 2657, supra; which was           mobile telecommunications systems and in-
                                               posed to amendment SA 1407 proposed by Ms.              ordered to lie on the table.                           frastructure in the United States and to as-
                                               MURKOWSKI to the bill S. 2657, to support in-             SA 1496. Mr. LEE submitted an amendment              sist allies and strategic partners in maxi-
                                               novation in advanced geothermal research                intended to be proposed to amendment SA                mizing the security of next generation mo-
                                               and development, and for other purposes;                1407 proposed by Ms. MURKOWSKI to the bill             bile telecommunications systems, infra-
                                               which was ordered to lie on the table.                  S. 2657, supra; which was ordered to lie on            structure, and software, and for other pur-
                                                 SA 1481. Mr. BRAUN (for himself and Ms.               the table.                                             poses.
                                               ERNST) submitted an amendment intended to                 SA 1497. Mr. PAUL submitted an amend-                  SA 1511. Mr. ROMNEY (for himself, Ms.
                                               be proposed to amendment SA 1407 proposed               ment intended to be proposed to amendment              WARREN, and Ms. SINEMA) submitted an
                                               by Ms. MURKOWSKI to the bill S. 2657, supra;            SA 1407 proposed by Ms. MURKOWSKI to the               amendment intended to be proposed to
                                               which was ordered to lie on the table.                  bill S. 2657, supra; which was ordered to lie          amendment SA 1407 proposed by Ms. MUR-
                                                 SA 1482. Mr. BRAUN (for himself and Ms.               on the table.                                          KOWSKI to the bill S. 2657, to support innova-
                                               ERNST) submitted an amendment intended to                 SA 1498. Mrs. SHAHEEN submitted an                   tion in advanced geothermal research and
                                               be proposed to amendment SA 1407 proposed               amendment intended to be proposed to                   development, and for other purposes; which
                                               by Ms. MURKOWSKI to the bill S. 2657, supra;            amendment SA 1407 proposed by Ms. MUR-                 was ordered to lie on the table.
                                               which was ordered to lie on the table.                  KOWSKI to the bill S. 2657, supra; which was             SA 1512. Mr. HOEVEN submitted an
                                                 SA 1483. Mr. LEE submitted an amendment               ordered to lie on the table.                           amendment intended to be proposed to
                                               intended to be proposed to amendment SA                   SA 1499. Mr. BENNET (for himself and Mr.             amendment SA 1407 proposed by Ms. MUR-
                                               1407 proposed by Ms. MURKOWSKI to the bill              PORTMAN) submitted an amendment intended               KOWSKI to the bill S. 2657, supra; which was
                                               S. 2657, supra; which was ordered to lie on             to be proposed to amendment SA 1407 pro-               ordered to lie on the table.
                                               the table.                                              posed by Ms. MURKOWSKI to the bill S. 2657,              SA 1513. Mr. HOEVEN submitted an
                                                 SA 1484. Mr. LANKFORD submitted an                    supra; which was ordered to lie on the table.          amendment intended to be proposed to
                                               amendment intended to be proposed to                      SA 1500. Mrs. SHAHEEN submitted an                   amendment SA 1407 proposed by Ms. MUR-
                                               amendment SA 1407 proposed by Ms. MUR-                  amendment intended to be proposed to                   KOWSKI to the bill S. 2657, supra; which was
                                               KOWSKI to the bill S. 2657, supra; which was            amendment SA 1407 proposed by Ms. MUR-                 ordered to lie on the table.
                                               ordered to lie on the table.                            KOWSKI to the bill S. 2657, supra; which was                           f
                                                 SA 1485. Mr. LEE (for himself and Mr. ROM-            ordered to lie on the table.
                                               NEY) submitted an amendment intended to                   SA 1501. Mr. YOUNG (for himself and Mr.                     TEXT OF AMENDMENTS
                                               be proposed to amendment SA 1407 proposed               BRAUN) submitted an amendment intended                   SA 1480. Mrs. FISCHER (for herself,
                                               by Ms. MURKOWSKI to the bill S. 2657, supra;            to be proposed to amendment SA 1407 pro-               Mr. SCHATZ, Mr. GARDNER, and Mr.
                                               which was ordered to lie on the table.                  posed by Ms. MURKOWSKI to the bill S. 2657,            BOOKER) submitted an amendment in-
                                                 SA 1486. Mr. LEE submitted an amendment               supra; which was ordered to lie on the table.
                                               intended to be proposed to amendment SA                                                                        tended to be proposed to amendment
                                                                                                         SA 1502. Mr. BRAUN (for himself and Mr.
                                               1407 proposed by Ms. MURKOWSKI to the bill              YOUNG) submitted an amendment intended                 SA 1407 proposed by Ms. MURKOWSKI to
                                               S. 2657, supra; which was ordered to lie on             to be proposed to amendment SA 1407 pro-               the bill S. 2657, to support innovation
                                               the table.                                              posed by Ms. MURKOWSKI to the bill S. 2657,            in advanced geothermal research and
                                                 SA 1487. Mr. LEE submitted an amendment               supra; which was ordered to lie on the table.          development, and for other purposes;
                                               intended to be proposed to amendment SA                   SA 1503. Mr. BRAUN submitted an amend-               which was ordered to lie on the table;
                                               1407 proposed by Ms. MURKOWSKI to the bill              ment intended to be proposed to amendment              as follows:
                                               S. 2657, supra; which was ordered to lie on             SA 1407 proposed by Ms. MURKOWSKI to the                 At the end, add the following:
                                               the table.                                              bill S. 2657, supra; which was ordered to lie
                                                 SA 1488. Ms. STABENOW (for herself, Mr.               on the table.                                               TITLE IV—INTERNET OF THINGS
                                               UDALL, and Mr. DURBIN) submitted an                       SA 1504. Mr. KENNEDY (for himself, Mr.               SEC. 4001. SHORT TITLE.
                                               amendment intended to be proposed to                    CARPER, Mr. CASSIDY, Mr. COONS, Ms. COL-                 This title may be cited as the ‘‘Developing
                                               amendment SA 1407 proposed by Ms. MUR-                  LINS, Mr. WHITEHOUSE, Mr. YOUNG, Mrs. FEIN-            Innovation and Growing the Internet of
                                               KOWSKI to the bill S. 2657, supra; which was            STEIN, Mr. MORAN, Mr. SCHATZ, Mr. GRAHAM,              Things Act’’ or the ‘‘DIGIT Act’’.
                                               ordered to lie on the table.                            Mr. BOOKER, Ms. ERNST, Mr. MERKLEY, Mr.                SEC. 4002. FINDINGS; SENSE OF CONGRESS.
                                                 SA 1489. Mr. UDALL submitted an amend-                COTTON, Mr. VAN HOLLEN, Mr. GRASSLEY, Mr.                (a) FINDINGS.—Congress finds that—
                                               ment intended to be proposed to amendment               MARKEY, Mr. BOOZMAN, Mr. JONES, Mr.                      (1) the Internet of Things refers to the
                                               SA 1407 proposed by Ms. MURKOWSKI to the                BLUNT, Mr. BLUMENTHAL, Mr. PERDUE, Mr.                 growing number of connected and inter-
                                               bill S. 2657, supra; which was ordered to lie           HEINRICH, Mrs. HYDE-SMITH, Mr. CARDIN, Mr.             connected devices;
                                               on the table.                                           BURR, Mr. MURPHY, and Mr. KING) submitted                (2) estimates indicate that more than
                                                 SA 1490. Mr. BARRASSO submitted an                    an amendment intended to be proposed to                125,000,000,000 devices will be connected to
                                               amendment intended to be proposed to                    amendment SA 1407 proposed by Ms. MUR-                 the internet by 2030;
                                               amendment SA 1407 proposed by Ms. MUR-                  KOWSKI to the bill S. 2657, supra; which was             (3) the Internet of Things has the potential




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                                               KOWSKI to the bill S. 2657, supra; which was            ordered to lie on the table.                           to generate trillions of dollars in new eco-
                                               ordered to lie on the table.                              SA 1505. Mr. RUBIO submitted an amend-               nomic activity around the world in the
                                                 SA 1491. Mr. LEE submitted an amendment               ment intended to be proposed to amendment              transportation, energy, agriculture, manu-
                                               intended to be proposed to amendment SA                 SA 1407 proposed by Ms. MURKOWSKI to the               facturing, and health care sectors and in
                                               1407 proposed by Ms. MURKOWSKI to the bill              bill S. 2657, supra; which was ordered to lie          other sectors that are critical to the growth
                                               S. 2657, supra; which was ordered to lie on             on the table.                                          of the gross domestic product of the United
                                               the table.                                                SA 1506. Mr. PAUL submitted an amend-                States;
                                                 SA 1492. Mrs. GILLIBRAND (for Mr. SAND-               ment intended to be proposed by him to the               (4) businesses across the United States can
                                               ERS (for himself, Mrs . GILLIBRAND, Ms. HAR-            bill H.R. 6074, making emergency supple-               develop new services and products, improve




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                                               March 4, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1481
                                               the efficiency of operations and logistics, cut           (D) any additional security measures that              (C) whether adequate spectrum is available
                                               costs, improve worker and public safety, and            Federal agencies may need to take to—                  to support the growing Internet of Things
                                               pass savings on to consumers by utilizing the             (i) safely and securely use the Internet of          and what legal or regulatory barriers may
                                               Internet of Things and related innovations;             Things, including measures that ensure the             exist to providing any spectrum needed in
                                                 (5) the Internet of Things will—                      security of critical infrastructure; and               the future;
                                                 (A) be vital in furthering innovation and               (ii) enhance the resiliency of Federal sys-            (D) policies, programs, or multi-stake-
                                               the development of emerging technologies;               tems against cyber threats to the Internet of          holder activities that—
                                               and                                                     Things; and                                              (i) promote or are related to the privacy of
                                                 (B) play a key role in developing artificial            (5) in carrying out the examinations re-             individuals who use or are affected by the
                                               intelligence and advanced computing capa-               quired under clauses (i) and (ii) of paragraph         Internet of Things;
                                               bilities;                                               (4)(D), ensure to the maximum extent pos-                (ii) may enhance the security of the Inter-
                                                 (6) the United States leads the world in the          sible the coordination of the current and fu-          net of Things, including the security of crit-
                                               development of technologies that support                ture activities of the Federal Government re-          ical infrastructure;
                                               the internet, the United States technology              lating to security with respect to the Inter-            (iii) may protect users of the Internet of
                                               sector is well-positioned to lead in the devel-         net of Things.                                         Things; and
                                               opment of technologies for the Internet of                (c) AGENCY REPRESENTATIVES.—In con-                    (iv) may encourage coordination among
                                               Things, and the appropriate prioritization of           vening the working group under subsection              Federal agencies with jurisdiction over the
                                               a national strategy with respect to the Inter-          (a), the Secretary shall have discretion to            Internet of Things;
                                               net of Things would strengthen that posi-               appoint representatives from Federal agen-               (E) the opportunities and challenges asso-
                                               tion;                                                   cies and departments as appropriate and                ciated with the use of Internet of Things
                                                 (7) the Federal Government can implement              shall specifically consider seeking represen-          technology by small businesses; and
                                               this technology to better deliver services to           tation from—                                             (F) any international proceeding, inter-
                                               the public; and                                           (1) the Department of Commerce, includ-              national negotiation, or other international
                                                 (8) the Senate unanimously passed Senate              ing—                                                   matter affecting the Internet of Things to
                                               Resolution 110, 114th Congress, agreed to                 (A) the National Telecommunications and              which the United States is or should be a
                                               March 24, 2015, calling for a national strat-           Information Administration;                            party.
                                               egy for the development of the Internet of                (B) the National Institute of Standards and            (3) MEMBERSHIP.—The Secretary shall ap-
                                               Things.                                                 Technology; and                                        point to the steering committee members
                                                 (b) SENSE OF CONGRESS.—It is the sense of                                                                    representing a wide range of stakeholders
                                                                                                         (C) the National Oceanic and Atmospheric
                                               Congress that policies governing the Inter-                                                                    outside of the Federal Government with ex-
                                                                                                       Administration;
                                               net of Things should—                                                                                          pertise relating to the Internet of Things, in-
                                                                                                         (2) the Department of Transportation;
                                                 (1) promote solutions with respect to the                                                                    cluding—
                                                                                                         (3) the Department of Homeland Security;
                                               Internet of Things that are secure, scalable,                                                                    (A) information and communications tech-
                                                                                                         (4) the Office of Management and Budget;
                                               interoperable, industry-driven, and stand-                                                                     nology manufacturers, suppliers, service pro-
                                                                                                         (5) the National Science Foundation;
                                               ards-based; and                                                                                                viders, and vendors;
                                                                                                         (6) the Commission;
                                                 (2) maximize the development and deploy-                                                                       (B) subject matter experts representing in-
                                                                                                         (7) the Federal Trade Commission;
                                               ment of the Internet of Things to benefit all                                                                  dustrial sectors other than the technology
                                                                                                         (8) the Office of Science and Technology
                                               stakeholders, including businesses, govern-                                                                    sector that can benefit from the Internet of
                                                                                                       Policy;                                                Things, including the transportation, en-
                                               ments, and consumers.                                     (9) the Department; and                              ergy, agriculture, and health care sectors;
                                               SEC. 4003. DEFINITIONS.                                   (10) the Federal Energy Regulatory Com-                (C) small, medium, and large businesses;
                                                 In this title:                                        mission.                                                 (D) think tanks and academia;
                                                 (1) COMMISSION.—The term ‘‘Commission’’                 (d) NONGOVERNMENTAL STAKEHOLDERS.—                     (E) nonprofit organizations and consumer
                                               means the Federal Communications Com-                   The working group shall consult with non-              groups;
                                               mission.                                                governmental stakeholders with expertise                 (F) security experts;
                                                 (2) SECRETARY.—The term ‘‘Secretary’’                 relating to the Internet of Things, includ-              (G) rural stakeholders; and
                                               means the Secretary of Commerce.                        ing—                                                     (H) other stakeholders with relevant exper-
                                                 (3) STEERING COMMITTEE.—The term ‘‘steer-               (1) the steering committee;                          tise, as determined by the Secretary.
                                               ing committee’’ means the steering com-                   (2) information and communications tech-               (4) REPORT.—Not later than 1 year after
                                               mittee established under section 4004(e)(1).            nology manufacturers, suppliers, service pro-          the date of enactment of this Act, the steer-
                                                 (4) WORKING GROUP.—The term ‘‘working                 viders, and vendors;                                   ing committee shall submit to the working
                                               group’’ means the working group convened                  (3) subject matter experts representing in-          group a report that includes any findings or
                                               under section 4004(a).                                  dustrial sectors other than the technology             recommendations of the steering committee.
                                               SEC. 4004. FEDERAL WORKING GROUP.                       sector that can benefit from the Internet of             (5) INDEPENDENT ADVICE.—
                                                 (a) IN GENERAL.—The Secretary shall con-              Things, including the transportation, en-                (A) IN GENERAL.—The steering committee
                                               vene a working group of Federal stake-                  ergy, agriculture, and health care sectors;            shall set the agenda of the steering com-
                                               holders for the purpose of providing rec-                 (4) small, medium, and large businesses;             mittee in carrying out the duties of the
                                               ommendations and a report to Congress re-                 (5) think tanks and academia;                        steering committee under paragraph (2).
                                               lating to the aspects of the Internet of                  (6) nonprofit organizations and consumer               (B) SUGGESTIONS.—The working group may
                                               Things described in subsection (b).                     groups;                                                suggest topics or items for the steering com-
                                                 (b) DUTIES.—The working group shall—                    (7) security experts;                                mittee to study, and the steering committee
                                                 (1) identify any Federal regulations, stat-             (8) rural stakeholders; and                          shall take those suggestions into consider-
                                               utes, grant practices, budgetary or jurisdic-             (9) other stakeholders with relevant exper-          ation in carrying out the duties of the steer-
                                               tional challenges, and other sector-specific            tise, as determined by the Secretary.                  ing committee.
                                               policies that are inhibiting, or could inhibit,           (e) STEERING COMMITTEE.—                               (C) REPORT.—The steering committee shall
                                               the development or deployment of the Inter-               (1) ESTABLISHMENT.—There is established              ensure that the report submitted under para-
                                               net of Things;                                          within the Department of Commerce a steer-             graph (4) is the result of the independent
                                                 (2) consider policies or programs that en-            ing committee to advise the working group.             judgment of the steering committee.
                                               courage and improve coordination among                    (2) DUTIES.—The steering committee shall               (6) NO COMPENSATION FOR MEMBERS.—A
                                               Federal agencies that have responsibilities             advise the working group with respect to—              member of the steering committee shall
                                               that are relevant to the objectives of this               (A) the identification of any Federal regu-          serve without compensation.
                                               title;                                                  lations, statutes, grant practices, programs,            (7) TERMINATION.—The steering committee
                                                 (3) consider any findings or recommenda-              budgetary or jurisdictional challenges, and            shall terminate on the date on which the
                                               tions made by the steering committee and,               other sector-specific policies that are inhib-         working group submits the report under sub-
                                               where appropriate, act to implement those               iting, or could inhibit, the development of            section (f).
                                               recommendations;                                        the Internet of Things;                                  (f) REPORT TO CONGRESS.—
                                                 (4) examine—                                            (B) situations in which the use of the                 (1) IN GENERAL.—Not later than 18 months
                                                 (A) how Federal agencies can benefit from             Internet of Things is likely to deliver signifi-       after the date of enactment of this Act, the
                                               utilizing the Internet of Things;                       cant and scalable economic and societal ben-           working group shall submit to Congress a re-




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                                                 (B) the use of Internet of Things tech-               efits to the United States, including benefits         port that includes—
                                               nology by Federal agencies as of the date on            from or to—                                              (A) the findings and recommendations of
                                               which the working group performs the exam-                (i) smart traffic and transit technologies;          the working group with respect to the duties
                                               ination;                                                  (ii) augmented logistics and supply chains;          of the working group under subsection (b);
                                                 (C) the preparedness and ability of Federal             (iii) sustainable infrastructure;                      (B) the report submitted by the steering
                                               agencies to adopt Internet of Things tech-                (iv) precision agriculture;                          committee under subsection (e)(4), as the re-
                                               nology as of the date on which the working                (v) environmental monitoring;                        port was received by the working group;
                                               group performs the examination and in the                 (vi) public safety; and                                (C) recommendations for action or reasons
                                               future; and                                               (vii) health care;                                   for inaction, as applicable, with respect to




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                                               S1482                                             CONGRESSIONAL RECORD — SENATE                                                           March 4, 2020
                                               each recommendation made by the steering                  SA 1482. Mr. BRAUN (for himself and                     At the end, insert the following:
                                               committee in the report submitted under                 Ms. ERNST) submitted an amendment                               TITLE IV—MISCELLANEOUS
                                               subsection (e)(4); and                                  intended to be proposed to amendment                    SEC. 4001. SULFUR HEXAFLUORIDE RESEARCH.
                                                 (D) an accounting of any progress made by             SA 1407 proposed by Ms. MURKOWSKI to
                                               Federal agencies to implement recommenda-                                                                         The Secretary shall carry out research to
                                               tions made by the working group or the
                                                                                                       the bill S. 2657, to support innovation                 find alternatives for the use of sulfur
                                               steering committee.                                     in advanced geothermal research and                     hexafluoride in power generation and trans-
                                                 (2) COPY OF REPORT.—The working group                 development, and for other purposes;                    mission equipment, including circuit break-
                                               shall submit a copy of the report described in          which was ordered to lie on the table;                  ers, switchgear, and gas insulated lines.
                                               paragraph (1) to—                                       as follows:
                                                 (A) the Committee on Commerce, Science,                    At the end, add the following:
                                                                                                                                                                 SA 1485. Mr. LEE (for himself and
                                               and Transportation and the Committee on                         TITLE IV—AMENDMENTS TO THE
                                                                                                                                                               Mr. ROMNEY) submitted an amendment
                                               Energy and Natural Resources of the Senate;                    INTERNAL REVENUE CODE OF 1986                    intended to be proposed to amendment
                                                 (B) the Committee on Energy and Com-                  SEC. 4001. ELIMINATION OF PERSONAL CREDIT
                                                                                                                                                               SA 1407 proposed by Ms. MURKOWSKI to
                                               merce of the House of Representatives; and                          BASED ON ADJUSTED GROSS IN-                 the bill S. 2657, to support innovation
                                                 (C) any other committee of Congress, upon                         COME.                                       in advanced geothermal research and
                                               request to the working group.                             (a) IN GENERAL.—Subsection (c) of section             development, and for other purposes;
                                               SEC. 4005. ASSESSING SPECTRUM NEEDS.                    30D of the Internal Revenue Code of 1986 is             which was ordered to lie on the table;
                                                 (a) IN GENERAL.—The Commission, in con-               amended—
                                                                                                         (1) in paragraph (2), by inserting ‘‘and (3)’’
                                                                                                                                                               as follows:
                                               sultation with the National Telecommuni-
                                               cations and Information Administration,                 after ‘‘paragraph (1)’’, and                              At the end, add the following:
                                               shall issue a notice of inquiry seeking public            (2) by adding at the end the following new                    TITLE IV—MISCELLANEOUS
                                               comment on the current, as of the date of en-           paragraph:                                              SEC. 4001. LIMITATION ON THE EXTENSION OR
                                               actment of this Act, and future spectrum                  ‘‘(3) ELIMINATION OF PERSONAL CREDIT                              ESTABLISHMENT   OF   NATIONAL
                                               needs to enable better connectivity relating            BASED ON ADJUSTED GROSS INCOME.—                                    MONUMENTS IN THE STATE OF
                                               to the Internet of Things.                                ‘‘(A) IN GENERAL.—For purposes of para-                           UTAH.
                                                 (b) REQUIREMENTS.—In issuing the notice of            graph (2), in the case of any new qualified                Section 320301(d) of title 54, United States
                                               inquiry under subsection (a), the Commis-               plug-in electric drive motor vehicle which is           Code, is amended—
                                               sion shall seek comments that consider and              placed in service by a taxpayer during any                 (1) in the heading, by striking ‘‘WYOMING’’
                                               evaluate—                                               taxable year, if the adjusted gross income of           and inserting ‘‘THE STATE OF WYOMING OR
                                                 (1) whether adequate spectrum is available,           such taxpayer for such taxable year exceeds             UTAH’’; and
                                               or is planned for allocation, for commercial            the threshold amount, the amount of the                    (2) by striking ‘‘Wyoming’’ and inserting
                                               wireless services that could support the                credit otherwise allowable under subsection             ‘‘the State of Wyoming or Utah’’.
                                               growing Internet of Things;                             (a) for such taxable year shall be reduced to
                                                 (2) if adequate spectrum is not available             zero.                                                     SA 1486. Mr. LEE submitted an
                                               for the purposes described in paragraph (1),              ‘‘(B) THRESHOLD AMOUNT.—For purposes of               amendment intended to be proposed to
                                               how to ensure that adequate spectrum is                 this paragraph, the term ‘threshold amount’             amendment SA 1407 proposed by Ms.
                                               available for increased demand with respect             means—                                                  MURKOWSKI to the bill S. 2657, to sup-
                                               to the Internet of Things;                                ‘‘(i) in the case of any taxpayer filing a
                                                                                                                                                               port innovation in advanced geo-
                                                 (3) what regulatory barriers may exist to             joint return for the taxable year, $326,600,
                                               providing any needed spectrum that would                and                                                     thermal research and development, and
                                               support uses relating to the Internet of                  ‘‘(ii) in the case of any taxpayer not filing         for other purposes; which was ordered
                                               Things; and                                             a joint return for the taxable year, $163,300.          to lie on the table; as follows:
                                                 (4) what the role of unlicensed and licensed            ‘‘(C) INFLATION ADJUSTMENT.—                            At the end of title II, add the following:
                                               spectrum is and will be in the growth of the              ‘‘(i) IN GENERAL.—In the case of any tax-                       Subtitle D—Miscellaneous
                                               Internet of Things.                                     able year beginning after 2020, each of the
                                                                                                                                                               SEC. 24llll. MINERAL ENTRY AUTHORIZED.
                                                 (c) REPORT.—Not later than 1 year after               dollar amounts in subparagraph (B) shall be
                                               the date of enactment of this Act, the Com-             increased by an amount equal to—                          (a) IN GENERAL.—The Federal land de-
                                               mission shall submit to the Committee on                  ‘‘(I) such dollar amount, multiplied by               scribed in subsection (b) shall be open to lo-
                                               Commerce, Science, and Transportation of                  ‘‘(II) the cost-of-living adjustment deter-           cation, entry, and patent under the mining
                                               the Senate and the Committee on Energy                  mined under section 1(f)(3) for the calendar            laws.
                                               and Commerce of the House of Representa-                year in which the taxable year begins by sub-             (b) FEDERAL LAND DESCRIBED.—The Fed-
                                               tives a report summarizing the comments                 stituting ‘calendar year 2019’ for ‘calendar            eral land referred to in subsections (a) and
                                               submitted in response to the notice of in-              year 2016’ in subparagraph (A)(ii) thereof.             (c) is the area of land depicted as ‘‘Mineral
                                               quiry issued under subsection (a).                        ‘‘(ii) ROUNDING.—If any increase deter-               Withdrawal’’ on the map prepared by the Bu-
                                                                                                       mined under clause (i) is not a multiple of             reau of Land Management entitled ‘‘Grand
                                                 SA 1481. Mr. BRAUN (for himself and                   $100, such increase shall be rounded to the             Canyon Centennial Protection Act’’ and
                                               Ms. ERNST) submitted an amendment                       nearest multiple of $100.’’.                            dated February 26, 2019.
                                                                                                         (b) EFFECTIVE DATE.—The amendments                      (c) LIMITATION ON WITHDRAWAL.—
                                               intended to be proposed to amendment
                                                                                                       made by this section shall apply to taxable               (1) IN GENERAL.—The Federal land de-
                                               SA 1407 proposed by Ms. MURKOWSKI to                                                                            scribed in subsection (b) may not be with-
                                                                                                       years beginning after December 31, 2019.
                                               the bill S. 2657, to support innovation                                                                         drawn from location, entry, and patent
                                               in advanced geothermal research and                       SA 1483. Mr. LEE submitted an                         under the mining laws except by Act of Con-
                                               development, and for other purposes;                    amendment intended to be proposed to                    gress.
                                               which was ordered to lie on the table;                  amendment SA 1407 proposed by Ms.                         (2) APPLICATION OF CERTAIN LAW.—The au-
                                               as follows:                                             MURKOWSKI to the bill S. 2657, to sup-                  thority of the Secretary of the Interior
                                                 At the end, add the following:                        port innovation in advanced geo-                        under sections 202(e)(3) and 204 of the Federal
                                                                                                                                                               Land Policy and Management Act of 1976 (43
                                                    TITLE IV—AMENDMENTS TO THE                         thermal research and development, and                   U.S.C. 1712(e)(3), 1714) shall not apply to the
                                                   INTERNAL REVENUE CODE OF 1986                       for other purposes; which was ordered                   Federal land described in subsection (b).
                                               SEC. 4001. LIMIT CREDIT FOR NEW QUALIFIED               to lie on the table; as follows:
                                                           PLUG-IN ELECTRIC DRIVE MOTOR                  Strike section 1808 and insert the fol-                 SA 1487. Mr. LEE submitted an
                                                           VEHICLES TO VEHICLES COSTING                lowing:
                                                           LESS THAN $45,000.                                                                                  amendment intended to be proposed to
                                                                                                       SEC. 1808. NO ARPA–E FUNDS.
                                                 (a) IN GENERAL.—Section 30D(d)(1) of the                                                                      amendment SA 1407 proposed by Ms.
                                                                                                         Funds appropriated to the Department
                                               Internal Revenue Code of 1986 is amended—               shall not be made available to carry out sec-
                                                                                                                                                               MURKOWSKI to the bill S. 2657, to sup-
                                                 (1) in subparagraph (E), by striking ‘‘and’’          tion 5012 of the America COMPETES Act (42               port innovation in advanced geo-
                                               at the end,                                             U.S.C. 16538).                                          thermal research and development, and
                                                 (2) in subparagraph (F)(ii), by striking the                                                                  for other purposes; which was ordered




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                                               period at the end and inserting ‘‘, and’’, and            SA 1484. Mr. LANKFORD submitted                       to lie on the table; as follows:
                                                 (3) by adding at the end the following new            an amendment intended to be proposed
                                               subparagraph:                                                                                                     At the end, add the following:
                                                                                                       to amendment SA 1407 proposed by Ms.                            TITLE IV—MISCELLANEOUS
                                                 ‘‘(G) for which the manufacturer’s sug-
                                                                                                       MURKOWSKI to the bill S. 2657, to sup-
                                               gested retail price is less than $45,000.’’.                                                                    SEC.   4001.   PROTECTION, MANAGEMENT, AND
                                                 (b) EFFECTIVE DATE.—The amendments                    port innovation in advanced geo-                                       CONTROL OF WILD FREE-ROAMING
                                               made by this section shall apply to vehicles            thermal research and development, and                                  HORSES AND BURROS.
                                               sold during any calendar quarter beginning              for other purposes; which was ordered                     Section 3 of Public Law 92–195 (16 U.S.C.
                                               after the date of enactment of this Act.                to lie on the table; as follows:                        1333) is amended—




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                                               March 4, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                    S1483
                                                 (1) in subsection (b)—                                seq.) shall apply to the activities described          cial review, applicant decisions, or State and
                                                 (A) by striking the subsection designation            in subclauses (I) and (II) of clause (i) begin-        local government involvement) associated
                                               and all that follows through ‘‘The Sec-                 ning on the date on which the Secretary de-            with the development and processing of ap-
                                               retary’’ in the first sentence of paragraph (1)         termines that the appropriate management               plications, operating plans, leases, licenses,
                                               and inserting the following:                            level of wild free-roaming horses or burros            permits, and other use authorizations for
                                                 ‘‘(b) INVENTORY; OVERPOPULATION; RE-                  has been attained with respect to an applica-          critical mineral-related activities on Federal
                                               SEARCH STUDY.—                                          ble area of public land.                               land, which shall serve as a baseline for pur-
                                                 ‘‘(1) INVENTORY.—                                       ‘‘(D) ORDER AND PRIORITY.—An action                  poses of paragraph (3)(B).
                                                 ‘‘(A) IN GENERAL.—The Secretary’’;                    under subparagraph (A) shall be carried out              (3) ANNUAL REPORTS.—Beginning with the
                                                 (B) in subparagraph (A) of paragraph (1) (as          in’’; and                                              first budget submission by the President
                                               so designated)—                                           (D) in paragraph (3)—                                under section 1105 of title 31, United States
                                                 (i) in the third sentence, by striking ‘‘In             (i) in the third sentence, by striking ‘‘Such        Code, after the date of enactment of this
                                               making such determinations the Secretary’’              study’’ and inserting the following:                   Act, and annually thereafter, the Secretaries
                                               and inserting the following:                              ‘‘(C) DEADLINE.—The study under this para-           shall submit to Congress a report that—
                                                 ‘‘(C) CONSULTATION.—In making a deter-                graph’’;                                                 (A) summarizes the implementation of rec-
                                               mination under subparagraph (B), the Sec-                 (ii) in the second sentence, by striking             ommendations, measures, and options identi-
                                               retary’’; and                                           ‘‘The terms and outline of such research               fied in subparagraphs (A) and (B) of para-
                                                 (ii) in the second sentence, by striking              study’’ and inserting the following:                   graph (2);
                                               ‘‘The purpose of such inventory shall be to:              ‘‘(B) RESEARCH DESIGN PANEL.—The terms                 (B) describes progress made by the execu-
                                               make’’ and inserting the following:                     and outline of the study under this para-              tive branch, as compared to the baseline es-
                                                 ‘‘(B) DETERMINATIONS.—The purpose of the              graph’’; and                                           tablished under paragraph (2)(C), on expe-
                                               inventory under subparagraph (A) shall be to              (iii) by striking ‘‘(3) For the purpose’’ and        diting the permitting of activities that will
                                               make’’;                                                 inserting the following:                               increase exploration for, and development of,
                                                 (C) in paragraph (2)—                                   ‘‘(3) RESEARCH STUDY.—                               domestic critical minerals; and
                                                 (i) in subparagraph (A), by striking the                ‘‘(A) IN GENERAL.—For the purpose’’; and               (C) compares the United States to other
                                               semicolon at the end and inserting a period;              (2) in subsection (d)—                               countries in terms of permitting efficiency
                                                 (ii) in subparagraph (B), by striking ‘‘;               (A) in each of paragraphs (2) and (3), by            and any other criteria relevant to the glob-
                                               and’’ at the end and inserting a period;                striking ‘‘or’’ at the end; and                        ally competitive critical minerals industry.
                                                 (iii) by redesignating subparagraphs (A)
                                                                                                         (B) by striking paragraph (1) and inserting
                                               through (C) as clauses (i) through (iii), re-
                                                                                                       the following:                                           SA 1489. Mr. UDALL submitted an
                                               spectively, and indenting the clauses appro-                                                                   amendment intended to be proposed to
                                                                                                         ‘‘(1) on passage of title pursuant to sub-
                                               priately; and                                                                                                  amendment SA 1407 proposed by Ms.
                                                                                                       section (c), subject to the limitation de-
                                                 (iv) by striking the paragraph designation                                                                   MURKOWSKI to the bill S. 2657, to sup-
                                                                                                       scribed in that subsection;’’.
                                               and all that follows through ‘‘management
                                               levels. Such action shall be taken, in’’ and
                                                                                                                                                              port innovation in advanced geo-
                                               inserting the following:
                                                                                                         SA 1488. Ms. STABENOW (for herself,                  thermal research and development, and
                                                 ‘‘(2) OVERPOPULATION.—                                Mr. UDALL, and Mr. DURBIN) submitted                   for other purposes; which was ordered
                                                 ‘‘(A) IN GENERAL.—On a determination by               an amendment intended to be proposed                   to lie on the table; as follows:
                                               the Secretary in accordance with subpara-               to amendment SA 1407 proposed by Ms.                     At the appropriate place, insert the fol-
                                               graph (B) that an overpopulation of wild                MURKOWSKI to the bill S. 2657, to sup-                 lowing:
                                               free-roaming horses or burros exists on a               port innovation in advanced geo-                       SEC. lll. STUDY ON ENVIRONMENTAL IM-
                                               given area of public land, and that action is           thermal research and development, and                             PACTS OF NEW PLASTIC PRODUC-
                                               necessary to remove excess horses or burros,                                                                              TION FACILITIES.
                                               the Secretary shall immediately remove ex-
                                                                                                       for other purposes; which was ordered                    (a) DEFINITIONS.—In this section:
                                               cess horses or burros from the public land              to lie on the table; as follows:                         (1) COVERED FACILITY.—The term ‘‘covered
                                               range as the Secretary determines to be nec-              Beginning on page 426, strike line 7 and all         facility’’ means—
                                               essary to achieve appropriate management                that follows through page 432, line 6, and in-            (A) an industrial facility that transforms
                                               levels of wild free-roaming horses or burros.           sert the following:                                    natural gas liquids into ethylene and pro-
                                                 ‘‘(B) BASIS OF DETERMINATIONS.—The Sec-                 (e) PERMITTING.—                                     pylene for later conversion into plastic poly-
                                               retary shall make a determination under                   (1) SENSE OF CONGRESS.—It is the sense of            mers;
                                               subparagraph (A) on the basis of—                       Congress that—                                            (B) a plastic polymerization or polymer
                                                 ‘‘(i)(I) the current inventory of land within           (A) critical minerals are fundamental to             production facility; and
                                               the jurisdiction of the Secretary;                      the economy, competitiveness, and security                (C) an industrial facility that repolym-
                                                 ‘‘(II) information contained in any relevant          of the United States; and                              erizes plastic polymers into chemical feed-
                                               land use planning completed pursuant to sec-              (B) to the maximum extent practicable,               stocks for use in new products or as fuel.
                                               tion 202 of the Federal Land Policy and Man-            the critical mineral needs of the United                  (2) COVERED PRODUCTS.—The term ‘‘covered
                                               agement Act of 1976 (43 U.S.C. 1712);                   States should be satisfied by minerals re-             plastic’’ means—
                                                 ‘‘(III) relevant information contained in             sponsibly produced and recycled in the                    (A) ethylene;
                                               court ordered environmental impact state-               United States.                                            (B) propylene;
                                               ments (as defined in section 3 of the Public              (2) REVIEW AND REPORT.—Not later than 1                 (C) polyethylene in any form (including
                                               Rangelands Improvement Act of 1978 (43                  year after the date of enactment of this Act,          pellets, resin, nurdle, powder, and flakes);
                                               U.S.C. 1902)); and                                      the Secretary (acting through the Director                (D) polypropylene in any form (including
                                                 ‘‘(IV) such additional information as be-             of the Bureau of Land Management) and the              pellets, resin, nurdle, powder, and flakes);
                                               comes available to the Secretary from time              Secretary of Agriculture (acting through the              (E) polyvinyl chloride in any form (includ-
                                               to time, including any information devel-               Chief of the Forest Service) (referred to in           ing pellets, resin, nurdle, powder, and
                                               oped in the research study under paragraph              this subsection as the ‘‘Secretaries’’) shall          flakes); or
                                               (3); or                                                 submit to Congress a report that—                         (F) other plastic polymer raw materials in
                                                 ‘‘(ii) in the absence of information de-                (A) identifies additional measures (includ-          any form (including pellets, resin, nurdle,
                                               scribed in clause (i), all information other-           ing regulatory and legislative proposals, as           powder, and flakes).
                                               wise available to the Secretary.                        appropriate) that would increase the timeli-              (3) ENVIRONMENTAL JUSTICE.—The term
                                                 ‘‘(C) APPLICABILITY OF NEPA.—                         ness of permitting activities for the explo-           ‘‘environmental justice’’ means the fair
                                                 ‘‘(i) IN GENERAL.—During any period with              ration and development of domestic critical            treatment and meaningful involvement of all
                                               respect to which the Secretary determines               minerals;                                              individuals, regardless of race, color, na-
                                               under subparagraph (A) that an overpopula-                (B) identifies options (including cost recov-        tional origin, educational level, or income,
                                               tion of wild free-roaming horses or burros ex-          ery paid by permit applicants) for ensuring            with respect to the development, implemen-
                                               ists, the National Environmental Policy Act             adequate staffing and training of Federal en-          tation, and enforcement of environmental
                                               of 1969 (42 U.S.C. 4321 et seq.) shall not apply        tities and personnel responsible for the con-          laws, regulations, and policies to ensure
                                               to—                                                     sideration of applications, operating plans,           that—
                                                 ‘‘(I) the use of any vehicle, including an            leases, licenses, permits, and other use au-              (A) communities of color, indigenous com-




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                                               all-terrain vehicle or helicopter, that the             thorizations for critical mineral-related ac-          munities, and low-income communities have
                                               Secretary determines to be necessary to cap-            tivities on Federal land; and                          access to public information and opportuni-
                                               ture excess wild free-roaming horses or bur-              (C) quantifies the amount of time typically          ties for meaningful public participation with
                                               ros; or                                                 required (including range derived from min-            respect to human health and environmental
                                                 ‘‘(II) the sterilization by a licensed profes-        imum and maximum durations, mean, me-                  planning, regulations, and enforcement;
                                               sional of any male or female wild free-roam-            dian, variance, and other statistical meas-               (B) no community of color, indigenous
                                               ing horse or burro.                                     ures or representations) to complete each              community, or low-income community is ex-
                                                 ‘‘(ii) RESUMPTION.—The National Environ-              step (including those aspects outside the              posed to a disproportionate burden of the
                                               mental Policy Act of 1969 (42 U.S.C. 4321 et            control of the executive branch, such as judi-         negative human health and environmental




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                                               S1484                                             CONGRESSIONAL RECORD — SENATE                                                            March 4, 2020
                                               impacts of pollution or other environmental               (4) to promote energy security in Europe               ‘‘(3) The exportation of natural gas to
                                               hazards; and                                            by working with the European Union and                 Japan shall be deemed to be consistent with
                                                 (C) the 17 principles described in the docu-          other allies of the United States to develop           the public interest pursuant to paragraph (1),
                                               ment entitled ‘‘The Principles of Environ-              liberalized energy markets that provide di-            and applications for such exportation shall
                                               mental Justice’’, written and adopted at the            versified energy sources, suppliers, and               be granted without modification or delay
                                               First National People of Color Environ-                 routes;                                                under that paragraph, during only such pe-
                                               mental Leadership Summit held on October                  (5) to continue to strongly oppose the Nord          riod as the Treaty of Mutual Cooperation
                                               24 through 27, 1991, in Washington, DC, are             Stream 2 pipeline based on its detrimental             and Security, signed at Washington January
                                               upheld.                                                 effects on the energy security of the Euro-            19, 1960, and entered into force June 23, 1960
                                                 (b) STUDY.—                                           pean Union and the economy of Ukraine and              (11 UST 1632; TIAS 4509), between the United
                                                 (1) IN GENERAL.—The Secretary shall offer             other countries in Central Europe through              States and Japan, remains in effect.’’.
                                               to enter into an agreement with the Na-                 which natural gas is transported; and                    (b) EFFECTIVE DATE.—The amendments
                                               tional Academy of Sciences and the National               (6) to support countries that are allies or          made by this section shall apply with respect
                                               Institutes of Health to conduct a study of—             partners of the United States by expediting            to applications for the authorization to ex-
                                                 (A) the existing and planned expansion of             the export of energy resources from the                port natural gas under section 3 of the Nat-
                                               the industry of the producers of covered                                                                       ural Gas Act (15 U.S.C. 717b) that are pending
                                                                                                       United States.
                                               products, including the entire supply chain,                                                                   on, or filed on or after, the date of the enact-
                                                                                                       SEC. 4003. NORTH ATLANTIC TREATY ORGANIZA-
                                               end uses, disposal fate, and lifecycle impacts                      TION.
                                                                                                                                                              ment of this Act.
                                               of covered products;                                      The President should direct the United                 SA 1491. Mr. LEE submitted an
                                                 (B) the environmental justice and pollu-              States Permanent Representative on the
                                               tion impacts of covered facilities and the              Council of the North Atlantic Treaty Organi-           amendment intended to be proposed to
                                               products of covered facilities;                         zation (in this title referred to as ‘‘NATO’’)         amendment SA 1407 proposed by Ms.
                                                 (C) the existing standard technologies and            to use the voice and influence of the United           MURKOWSKI to the bill S. 2657, to sup-
                                               practices of covered facilities with respect to         States to encourage NATO member countries              port innovation in advanced geo-
                                               the discharge and emission of pollutants into           to work together to achieve energy security            thermal research and development, and
                                               the environment; and                                    for those countries and countries in Europe            for other purposes; which was ordered
                                                 (D) the best available technologies and               and Eurasia that are partners of NATO.                 to lie on the table; as follows:
                                               practices that reduce or eliminate the envi-            SEC. 4004. TRANSATLANTIC ENERGY STRATEGY.
                                                                                                                                                                In section 2304(b)(4), strike ‘‘or 2306’’.
                                               ronmental justice and pollution impacts of                (a) SENSE OF CONGRESS.—It is the sense of              Strike section 2306.
                                               covered facilities and the products of covered          Congress that the United States and other
                                               facilities.                                             NATO member countries should explore                     SA 1492. Mrs. GILLIBRAND (for Mr.
                                                 (2) REQUIREMENTS.—The study under para-               ways to ensure that NATO member countries              SANDERS (for himself, Mrs. GILLIBRAND,
                                               graph (1) shall—                                        diversify their energy supplies and routes in          Ms. HARRIS, and Mr. MARKEY)) sub-
                                                 (A) consider—                                         order to enhance their energy security, in-
                                                                                                       cluding through the development of a trans-
                                                                                                                                                              mitted an amendment intended to be
                                                 (i) the direct, indirect, and cumulative en-
                                                                                                       atlantic energy strategy.                              proposed to amendment SA 1407 pro-
                                               vironmental impacts of the industries of cov-
                                               ered facilities to date; and                               (b) TRANSATLANTIC ENERGY STRATEGY.—                 posed by Ms. MURKOWSKI to the bill S.
                                                 (ii) the impacts of the planned expansion of             (1) IN GENERAL.—Not later than 180 days             2657, to support innovation in advanced
                                               those industries, including local, regional,            after the date of the enactment of this Act,           geothermal research and development,
                                               national, and international air, water, waste,          the Secretary of State, in coordination with           and for other purposes; which was or-
                                               climate change, public health, and environ-             the Administrator of the United States                 dered to lie on the table; as follows:
                                               mental justice impacts of those industries;             Agency for International Development and                 At the end of subtitle E of title I, add the
                                               and                                                     the Secretary of Energy, shall submit to the           following:
                                                 (B) recommend technologies, standards,                appropriate congressional committees a                 SEC. 15ll. POST-SHUTDOWN DECOMMISSIONING
                                               and practices to remediate or eliminate the             transatlantic energy strategy for the United                       ACTIVITIES REPORTS.
                                               local, regional, national, and international            States—                                                  (a) IN GENERAL.—Chapter 10 of title I of the
                                               air, water, waste, climate change, public                  (A) to enhance the energy security of               Atomic Energy Act of 1954 (42 U.S.C. 2131 et
                                               health, and environmental justice impacts of            NATO member countries and countries that               seq.) is amended by adding at the end the fol-
                                               covered facilities and the industries of cov-           are partners of NATO; and                              lowing:
                                               ered facilities.                                           (B) to increase exports of energy, energy           ‘‘SEC. 113. POST-SHUTDOWN DECOMMISSIONING
                                                 (3) REPORT.—Not later than 18 months                  technologies, and energy development serv-                          ACTIVITIES REPORTS.
                                               after the date of enactment of this Act, the            ices from the United States to such coun-                 ‘‘a. DEFINITIONS.—In this section:
                                               Secretary shall submit to Congress a report             tries.                                                    ‘‘(1) AFFECTED STATE.—The term ‘affected
                                               describing the results of the study under                  (2) APPROPRIATE CONGRESSIONAL COMMIT-               State’ means—
                                               paragraph (1).                                          TEES DEFINED.—In this subsection, the term               ‘‘(A) the host State of a covered facility;
                                                                                                       ‘‘appropriate   congressional   committees’’           and
                                                 SA 1490. Mr. BARRASSO submitted                       means—                                                   ‘‘(B) each State located within 50 miles of
                                               an amendment intended to be proposed                       (A) the Committee on Foreign Relations of           a covered facility.
                                                                                                       the Senate; and                                          ‘‘(2) COMMISSION.—The term ‘Commission’
                                               to amendment SA 1407 proposed by Ms.
                                                                                                          (B) the Committee on Foreign Affairs of             means the Nuclear Regulatory Commission.
                                               MURKOWSKI to the bill S. 2657, to sup-                  the House of Representatives.                            ‘‘(3) COVERED FACILITY.—The term ‘covered
                                               port innovation in advanced geo-                        SEC. 4005. EXPEDITED APPROVAL OF EXPOR-                facility’ means a facility of a licensee for
                                               thermal research and development, and                              TATION OF NATURAL GAS TO                    which a PSDAR is required.
                                               for other purposes; which was ordered                              UNITED STATES ALLIES.                         ‘‘(4) HOST STATE.—The term ‘host State’
                                               to lie on the table; as follows:                          (a) IN GENERAL.—Section 3(c) of the Nat-             means the State in which a covered facility
                                                                                                       ural Gas Act (15 U.S.C. 717b(c)) is amended—           is located.
                                                 At the end, add the following:
                                                                                                         (1) by inserting ‘‘(1)’’ before ‘‘For pur-             ‘‘(5) LICENSE; LICENSEE.—The terms ‘li-
                                                      TITLE IV—ENERGY SECURITY                         poses’’;                                               cense’ and ‘licensee’ have the meanings
                                                              COOPERATION                                (2) by striking ‘‘nation with which there is         given those terms in section 50.2 of title 10,
                                               SEC. 4001. SHORT TITLE.                                 in effect a free trade agreement requiring na-         Code of Federal Regulations (or successor
                                                 This title may be cited as the ‘‘Energy Se-           tional treatment for trade in natural gas’’            regulations).
                                               curity Cooperation with Allied Partners in              and inserting ‘‘foreign country described in             ‘‘(6) PSDAR.—The term ‘PSDAR’ means a
                                               Europe Act of 2020’’.                                   paragraph (2)’’; and                                   post-shutdown decommissioning activities
                                               SEC. 4002. STATEMENT OF POLICY.                           (3) by adding at the end the following:              report submitted to the Commission and af-
                                                 It is the policy of the United States—                  ‘‘(2) A foreign country described in this            fected States under section 50.82(a)(4)(i) of
                                                 (1) to reduce the dependency of allies and            paragraph is—                                          title 10, Code of Federal Regulations (or suc-
                                               partners of the United States on Russian en-              ‘‘(A) a nation with which there is in effect         cessor regulations).
                                               ergy resources, especially natural gas, in              a free trade agreement requiring national                ‘‘(7) TRANSFEREE.—The term ‘transferee’
                                               order for those countries to achieve lasting            treatment for trade in natural gas;                    means an entity to which a licensee proposes




SSpencer on DSKBBXCHB2PROD with SENATE
                                               and dependable energy security;                           ‘‘(B) a member country of the North Atlan-           to transfer a license for a covered facility.
                                                 (2) to condemn the Government of the Rus-             tic Treaty Organization;                                 ‘‘(8) TRIBAL GOVERNMENT.—The term ‘Trib-
                                               sian Federation for, and to deter that gov-               ‘‘(C) subject to paragraph (3), Japan; and           al government’ means the governing body of
                                               ernment from, using its energy resources as               ‘‘(D) any other foreign country if the Sec-          an Indian tribe (as defined in section 4 of the
                                               a geopolitical weapon to coerce, intimidate,            retary of State, in consultation with the              Indian Self-Determination and Education
                                               and influence other countries;                          Secretary of Defense, determines that expor-           Assistance Act (25 U.S.C. 5304)).
                                                 (3) to improve energy security in Europe              tation of natural gas to that foreign country            ‘‘b. CONSULTATION REQUIRED.—Notwith-
                                               by increasing access to diverse, reliable, and          would promote the national security inter-             standing any other provision of law (includ-
                                               affordable energy;                                      ests of the United States.                             ing regulations), a licensee may not submit




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                                               March 4, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                      S1485
                                               to the Commission a proposed PSDAR, or                     ‘‘(C) a statement of nonsupport for the pro-          ‘‘(B) CHANGES.—Notwithstanding the ade-
                                               transfer to another entity the license, for a           posed PSDAR or license transfer.                       quate protection of public health and safety
                                               covered facility until the licensee and the                ‘‘(2) STATEMENT OF SUPPORT OR NON-                  or the common defense and security, for each
                                               transferee, if applicable, conduct consulta-            SUPPORT; FAILURE TO SUBMIT.—                           change recommended by the host State
                                               tion regarding the development of the pro-                 ‘‘(A) IN GENERAL.—If the host State files           under paragraph (1)(B), the Commission
                                               posed PSDAR or the proposed license trans-              with the Commission a statement of support             shall—
                                               fer, as applicable, with—                               under paragraph (1)(A) or a statement of                 ‘‘(i) provide for the inclusion of the change
                                                 ‘‘(1) each affected State; and                        nonsupport under paragraph (1)(C), or fails to         into the final PSDAR or license transfer, un-
                                                 ‘‘(2) each unit of State government or Trib-          file a statement with the Commission by the            less the Commission determines the change
                                               al government that—                                     deadline specified in paragraph (1), the Com-          to be inappropriate for inclusion, based on
                                                 ‘‘(A) is located in an affected State; and            mission shall issue a determination regard-            clear and convincing evidence that—
                                                 ‘‘(B) has jurisdiction over land located              ing whether the proposed PSDAR is adequate               ‘‘(I) the change violates applicable law; or
                                               within 50 miles of the covered facility.                or inadequate or a determination regarding               ‘‘(II) the total costs of the change substan-
                                                 ‘‘c. SUBMISSION TO COMMISSION; ADDITIONAL             whether to provide consent for the proposed            tially outweigh the safety, economic, or en-
                                               CONSULTATION.—                                          license transfer, as applicable—                       vironmental benefits of the change to the
                                                 ‘‘(1) IN GENERAL.—After carrying out the                 ‘‘(i) based on the considerations described         host State; and
                                               consultation required under subsection b.               in subparagraph (B); and                                 ‘‘(ii) if applicable, provide the rationale for
                                               with respect to a proposed PSDAR or trans-                 ‘‘(ii) after taking into consideration—             each determination of inappropriateness
                                               fer of a license for a covered facility, the li-                                                               under clause (i).
                                                                                                          ‘‘(I) any written comments submitted by
                                               censee shall—                                                                                                    ‘‘(C) DECISION DOCUMENT.—
                                                                                                       the host State, other affected States, and
                                                 ‘‘(A) submit to the Commission, as applica-                                                                    ‘‘(i) IN GENERAL.—Subject to paragraph (4),
                                                                                                       local communities with respect to the pro-
                                               ble—                                                                                                           based on the determinations made under sub-
                                                                                                       posed PSDAR or license transfer; and
                                                 ‘‘(i) the proposed PSDAR; or                                                                                 paragraphs (A) and (B), the Commission shall
                                                                                                          ‘‘(II) any input from the public under sub-
                                                 ‘‘(ii) an application for transfer of a li-                                                                  issue a decision document relating to a pro-
                                                                                                       section d.
                                               cense; and                                                                                                     posed PSDAR or license transfer that, as ap-
                                                                                                          ‘‘(B) CONSIDERATIONS.—The Commission
                                                 ‘‘(B) subject to paragraph (3), make the                                                                     plicable—
                                                                                                       shall consider a proposed PSDAR or license               ‘‘(I) approves the proposed PSDAR or li-
                                               proposed PSDAR or application for transfer              transfer to be adequate under subparagraph
                                               of a license, as applicable, available to the                                                                  cense transfer with any changes rec-
                                                                                                       (A) if the Commission determines that—                 ommended by the host State that are not de-
                                               public.                                                    ‘‘(i) the proposed PSDAR or license trans-          termined to be inappropriate under subpara-
                                                 ‘‘(2) PUBLIC AVAILABILITY.—On receipt of a            fer provides for—                                      graph (B); or
                                               proposed PSDAR or notice of a proposed li-                 ‘‘(I) the overall protection of human health          ‘‘(II) rejects the proposed PSDAR or li-
                                               cense transfer under paragraph (1)(A), the              and the environment; and                               cense transfer.
                                               Commission shall, subject to paragraph (3),                ‘‘(II) adequate protection to the health and          ‘‘(ii) APPLICABLE LAW.—A decision docu-
                                               make the proposed PSDAR or application for              safety of the public and the common defense            ment issued under clause (i) or subparagraph
                                               transfer of a license, as applicable, available         and security;                                          (C) or (D)(i) of paragraph (2) shall be consid-
                                               to the public.                                             ‘‘(ii) the licensee (and, if applicable, the        ered to be a final order entered in a pro-
                                                 ‘‘(3) EXCLUSION OF CERTAIN INFORMATION.—              transferee) has a substantial likelihood of            ceeding under section 189 a.
                                               In making a proposed PSDAR or application               implementing the proposed PSDAR or li-                   ‘‘(D) TREATMENT ON APPROVAL.—On ap-
                                               for transfer of a license, as applicable, avail-        cense transfer within the timeframe de-                proval by the Commission of a proposed
                                               able to the public under paragraph (1)(B) or            scribed in the proposed PSDAR or license               PSDAR or license transfer under subpara-
                                               (2), the Commission or the licensee, as appli-          transfer application;                                  graph (C)(i)(I) or paragraph (2)(C)—
                                               cable, may redact such information as the                  ‘‘(iii) the proposed PSDAR or license trans-          ‘‘(i) the PSDAR or approval of the license
                                               Commission or the licensee, as applicable,              fer is in accordance with applicable law (in-          transfer by the Commission shall be final;
                                               determines to be necessary to protect—                  cluding regulations); and                              and
                                                 ‘‘(A) trade secrets and commercial or fi-                ‘‘(iv) the licensee (and, if applicable, the          ‘‘(ii) the licensee may begin implementa-
                                               nancial information under section 552(b)(4) of          transferee) has demonstrated that the li-              tion of the PSDAR.
                                               title 5, United States Code; or                         censee has, or will have, the funds required             ‘‘(E) REJECTION.—If the Commission rejects
                                                 ‘‘(B) national security.                              to fully implement the proposed PSDAR or               a proposed PSDAR or license transfer under
                                                 ‘‘d. PUBLIC PARTICIPATION.—For a period of            license transfer within the timeframe de-              subparagraph (C)(i)(II), not later than 2 years
                                               not less than 90 days beginning on the date             scribed in the proposed PSDAR or license               after the date of cessation of operations at
                                               on which a licensee submits a proposed                  transfer application, based on—                        the applicable covered facility, the licensee
                                               PSDAR to the Commission under subsection                   ‘‘(I) a comprehensive radiological site as-         shall develop and submit to the Commission
                                               c. (1)(A) or the date on which the Commis-              sessment and characterization; and                     a new proposed PSDAR or license transfer in
                                               sion dockets an application for transfer of a              ‘‘(II) a nonradiological site assessment and        accordance with this section.
                                               license under section 2.101 of title 10, Code of        characterization conducted by the host                   ‘‘(4) DEADLINE FOR DECISION DOCUMENT.—
                                               Federal Regulations (or successor regula-               State.                                                   ‘‘(A) IN GENERAL.—Subject to subpara-
                                               tions), as applicable, the Commission shall                ‘‘(C) DETERMINATION OF ADEQUACY.—Sub-               graphs (B) and (C), the Commission shall
                                               solicit in the host State public comments re-           ject to paragraph (4), if the Commission de-           issue a decision document relating to a pro-
                                               garding the proposed PSDAR or notice of                 termines that a proposed PSDAR or license              posed PSDAR or license transfer under sub-
                                               proposed       license    transfer,   including         transfer is adequate under subparagraphs (A)           paragraph (C) or (D)(i) of paragraph (2) or
                                               through—                                                and (B), the Commission shall issue a deci-            paragraph (3)(C)(i) by not later than 1 year
                                                 ‘‘(1) the solicitation of written comments;           sion document approving the PSDAR or li-               after the date on which the proposed PSDAR
                                               and                                                     cense transfer.                                        or an application for transfer of a license, as
                                                 ‘‘(2) the conduct of not fewer than 2 public             ‘‘(D) DETERMINATION OF INADEQUACY.—If               applicable, is submitted to the Commission
                                               meetings.                                               the Commission determines that a proposed              under subsection c. (1)(A).
                                                 ‘‘e. SUPPORT, CONDITIONAL SUPPORT, OR                 PSDAR or license transfer is inadequate                  ‘‘(B) PROPOSED INTERMEDIATE LICENSE
                                               NONSUPPORT BY HOST STATE.—                              under subparagraphs (A) and (B)—                       TRANSFERS.—
                                                 ‘‘(1) IN GENERAL.—Not later than 60 days                 ‘‘(i) the Commission shall issue a decision           ‘‘(i) DEFINITION OF PROPOSED INTERMEDIATE
                                               after the date of receipt of a proposed                 document rejecting the proposed PSDAR or               LICENSE TRANSFER.—In this subparagraph,
                                               PSDAR or the date on which the Commis-                  license transfer, including a description of           the term ‘proposed intermediate license
                                               sion dockets an application for transfer of a           the reasons for the decision, by the applica-          transfer’ means a proposed transfer of li-
                                               license under section 2.101 of title 10, Code of        ble deadline under paragraph (4); and                  cense—
                                               Federal Regulations (or successor regula-                  ‘‘(ii) not later than 2 years after the date of       ‘‘(I) for a covered facility on behalf of
                                               tions), as applicable, for a covered facility,          cessation of operations at the applicable cov-         which a proposed PSDAR has been submitted
                                               the Commission shall notify the host State              ered facility, the licensee shall develop and          by the licensee to the Commission under sub-
                                               of the opportunity to file with the Commis-             submit to the Commission a new proposed                section c. (1)(A)(i); and
                                               sion, by the date that is 60 days after the             PSDAR or license transfer in accordance                  ‘‘(II) the notice of which is submitted to
                                               date on which the host State receives the no-           with this section.                                     the Commission under subsection c. (1)(A)(ii)




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                                               tification—                                                ‘‘(3) CONDITIONAL SUPPORT BY HOST STATE.—           before the applicable deadline under subpara-
                                                 ‘‘(A) a statement of support for the pro-                ‘‘(A) IN GENERAL.—In any case in which the          graph (A) for the issuance by the Commis-
                                               posed PSDAR or license transfer;                        host State files with the Commission a state-          sion of a decision document relating to the
                                                 ‘‘(B) a statement of conditional support for          ment of conditional support of a proposed              proposed PSDAR described in subclause (I).
                                               the proposed PSDAR or license transfer, to-             PSDAR or license transfer under paragraph                ‘‘(ii) DEADLINE.—Subject to subparagraph
                                               gether with specific recommendations for                (1)(B), the Commission shall determine                 (C), in any case in which a licensee submits
                                               changes that could lead the host State to               whether the proposed PSDAR or license                  to the Commission a notice of a proposed in-
                                               support the proposed PSDAR or license                   transfer is permissible under applicable law           termediate license transfer of a covered fa-
                                               transfer; or                                            (including regulations).                               cility, the Commission shall issue a decision




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                                               S1486                                             CONGRESSIONAL RECORD — SENATE                                                           March 4, 2020
                                               document relating to the proposed PSDAR of              PSDAR, shall be issued in accordance with                (I) sponsored by a licensee; or
                                               the covered facility by not later than 1 year           subparagraph (C) or (D)(I) of subsection e. (2)          (II) required under applicable State law
                                               after the date of receipt of the application            or subsection e. (3)(C), as applicable, except         (including regulations).
                                               for transfer of a license.                              that the Commission shall issue the decision             (C) LICENSEE.—The term ‘‘licensee’’ means
                                                 ‘‘(C) EXTENSION.—If there are unforeseen              document by the date that is 1 year after the          a person licensed by the Nuclear Regulatory
                                               circumstances, including unexpected tech-               date on which the applicable decontamina-              Commission under chapter 10 of title I of the
                                               nical issues, site-specific characteristics, or         tion and dismantlement activities commence             Atomic Energy Act of 1954 (42 U.S.C. 2131 et
                                               other external factors that could affect the            at the applicable covered facility.                    seq.).
                                               ability of the Commission to issue a decision             ‘‘(4) REVISION AFTER DETERMINATION OF IN-              (2) AUTHORIZATION OF ASSISTANCE.—Not-
                                               document by a deadline specified in subpara-            ADEQUACY.—If the Commission rejects a re-              withstanding any other provision of law, the
                                               graph (A) or (B)(ii), the Commission may ex-            vised PSDAR submitted by a licensee or                 Administrator shall establish a program
                                               tend the applicable deadline for a reasonable           transferee under paragraph (1)(A) in accord-           under which the Administrator shall provide
                                               period of time, as determined by the Com-               ance with subsection e. (2)(D) or subsection           to community advisory boards economic ad-
                                               mission.                                                e. (3)(E), the licensee or transferee shall de-        justment assistance grants under section 209
                                                 ‘‘f. ADDITIONAL REQUIREMENTS.—                        velop and submit to the Commission a new               of the Public Works and Economic Develop-
                                                 ‘‘(1) ACTION BY TRANSFEREES.—On transfer              revised PSDAR in accordance with this sub-             ment Act of 1965 (42 U.S.C. 3149) or any other
                                               of a license for a covered facility by a li-            section by not later than 2 years after the            economic adjustment assistance program of
                                               censee to a transferee in accordance with               date of the rejection.’’.                              the Administrator.
                                               this section, the transferee shall conduct                (b) TECHNICAL AND CONFORMING AMEND-                    (3) ELIGIBILITY.—A community advisory
                                               consultation in accordance with subsection              MENTS.—                                                board shall be eligible to receive a grant
                                               b. with respect to each proposed PSDAR de-                (1) IN GENERAL.—The Atomic Energy Act of             under this subsection if, as determined by
                                               veloped by the transferee for the covered fa-           1954 is amended—                                       the Administrator, the community advisory
                                               cility.                                                   (A) in section 103 (42 U.S.C. 2133)—                 board—
                                                 ‘‘(2) STATE ENVIRONMENTAL LAW COMPLI-                   (i) in subsection d., in the second sentence,          (A) is composed of an organized group of
                                               ANCE.—Notwithstanding any other provision
                                                                                                       by striking ‘‘any any’’ and inserting ‘‘any’’;         individuals (including local community lead-
                                               of this section, the Commission shall not ap-           and                                                    ers and elected officials, State representa-
                                               prove a proposed PSDAR or license transfer                (ii) by redesignating subsection f. as sub-          tives, and staff of the applicable licensee) in-
                                               under this section unless the proposed                  section e.; and                                        terested in safe decommissioning practices
                                               PSDAR or license transfer for a covered fa-               (B) in section 111 (42 U.S.C. 2141), by strik-       and spent nuclear fuel management at a nu-
                                               cility includes a requirement that the li-
                                                                                                       ing the section designation and all that fol-          clear facility that is—
                                               censee and the transferee, if applicable, shall
                                                                                                       lows through ‘‘The Nuclear’’ in subsection a.            (i)(I) undergoing decommissioning; or
                                               comply with applicable State law relating to
                                                                                                       and inserting the following:                             (II) projected to undergo decommissioning
                                               air, water, or soil quality or radiological
                                                                                                       ‘‘SEC. 111. LICENSING BY NUCLEAR REGULATORY            not later than 3 years after the date on
                                               standards with respect to the implementa-
                                                                                                                     COMMISSION OF DISTRIBUTION OF            which an application is submitted under sub-
                                               tion of the proposed PSDAR or license trans-                          CERTAIN MATERIALS BY DEPART-             paragraph (C); and
                                               fer in any case in which the applicable State                         MENT OF ENERGY.                            (ii) located in the area in which the indi-
                                               law is more restrictive than an applicable                ‘‘a. The Nuclear’’.                                  viduals reside or are employed;
                                               Federal law.                                              (2) TABLE OF CONTENTS.—The table of con-
                                                 ‘‘g. APPLICATION TO EXISTING DECOMMIS-                                                                         (B) has in effect a governing charter to es-
                                                                                                       tents of the Atomic Energy Act of 1954 (68             tablish the roles and responsibilities of mem-
                                               SIONING ACTIVITIES.—
                                                                                                       Stat. 919; 126 Stat. 2216) is amended by strik-        bers; and
                                                 ‘‘(1) IN GENERAL.—The Commission shall
                                                                                                       ing the items relating to chapter 10 of title            (C) submits to the Administrator an appli-
                                               notify—
                                                                                                       I and inserting the following:                         cation at such time, in such manner, and
                                                 ‘‘(A) each licensee or transferee, if applica-
                                               ble, of the opportunity to develop and submit               ‘‘CHAPTER 10. ATOMIC ENERGY LICENSES               containing such information as the Adminis-
                                               to the Commission for approval a revised                ‘‘Sec. 101. License required.                          trator may require.
                                               PSDAR for any covered facility of the li-               ‘‘Sec. 102. Utilization and production facili-           (4) USE OF FUNDS.—A grant provided under
                                               censee for which, as of the date of enactment                          ties for industrial or commer-          this subsection—
                                               of this section—                                                       cial purposes.                            (A) may be used for the administrative
                                                 ‘‘(i) decontamination and dismantlement               ‘‘Sec. 103. Commercial licenses.                       costs of the recipient community advisory
                                               activities described in the PSDAR have not              ‘‘Sec. 104. Medical therapy and research and           board, including the costs of—
                                               commenced at the covered facility; or                                  development.                              (i) staffing; and
                                                 ‘‘(ii) decontamination and dismantlement              ‘‘Sec. 105. Antitrust provisions.                        (ii) hiring any expert or other professional
                                               activities described in the PSDAR have been             ‘‘Sec. 106. Classes of facilities.                     to assist the community advisory board in
                                               commenced at the covered facility for a pe-             ‘‘Sec. 107. Operators’ licenses.                       navigating the decommissioning process to
                                               riod of less than 5 years; and                          ‘‘Sec. 108. War or national emergency.                 ensure that the understanding and relevant
                                                 ‘‘(B) each affected State with respect to a           ‘‘Sec. 109. Component and other parts of fa-           capabilities of the community advisory
                                               covered facility described in subparagraph                             cilities.                               board are equivalent to those of industry
                                               (A) of the opportunity to consult with a li-            ‘‘Sec. 110. Exclusions.                                stakeholders, including the applicable li-
                                               censee or transferee described in that sub-             ‘‘Sec. 111. Licensing by Nuclear Regulatory            censee; but
                                               paragraph in accordance with subsection b.                             Commission of distribution of             (B) shall not be used for any economic de-
                                                 ‘‘(2) PROCESS.—                                                      certain materials by Depart-            velopment activity.
                                                 ‘‘(A) IN GENERAL.—Except as provided in                              ment of Energy.                           (5) AUTHORIZATION OF APPROPRIATIONS.—
                                               paragraphs (3) and (4), if a licensee or trans-         ‘‘Sec. 112. Domestic medical isotope produc-           There is authorized to be appropriated to the
                                               feree described in paragraph (1)(A) elects to                          tion.                                   Administrator to carry out this subsection
                                               submit to the Commission a revised PSDAR                ‘‘Sec. 113. Post-shutdown decommissioning              $5,000,000 for each of fiscal years 2021 through
                                               under that paragraph, the process for consid-                          activities reports.’’.                  2025.
                                               eration and approval of the revised PSDAR                 (c) ECONOMIC ADJUSTMENT ASSISTANCE FOR
                                               shall be carried out in accordance with—                COMMUNITY ADVISORY BOARDS.—                              SA 1493. Mr. LEE (for himself, Mr.
                                                 ‘‘(i) the process for consideration and ap-             (1) DEFINITIONS.—In this subsection:                 CRUZ, Mr. RISCH, and Mr. CRAPO) sub-
                                               proval of a proposed PSDAR for a covered fa-              (A) ADMINISTRATOR.—The term ‘‘Adminis-               mitted an amendment intended to be
                                               cility under subsections b., c., d., and f.; and        trator’’ means the Administrator of the Eco-           proposed to amendment SA 1407 pro-
                                                 ‘‘(ii) the process for support, conditional           nomic Development Administration.                      posed by Ms. MURKOWSKI to the bill S.
                                               support, or nonsupport by the host State                  (B) COMMUNITY ADVISORY BOARD.—                       2657, to support innovation in advanced
                                               under subsection e.                                       (i) IN GENERAL.—The term ‘‘community ad-             geothermal research and development,
                                                 ‘‘(B) NONSELECTION.—If a licensee or trans-           visory board’’ means a local community
                                               feree described in paragraph (1)(A) elects not          committee or other advisory organization es-
                                                                                                                                                              and for other purposes; which was or-
                                               to revise an original PSDAR under that                  tablished for the purpose of fostering com-            dered to lie on the table; as follows:
                                               paragraph, the host State may file a state-             munication and information exchange be-                  At the appropriate place, insert the fol-
                                               ment of support, conditional support, or non-           tween—                                                 lowing:
                                                                                                                                                              SEC. lll. SMALL REFINERY EXEMPTIONS.




SSpencer on DSKBBXCHB2PROD with SENATE
                                               support for the original PSDAR in accord-                 (I) a licensee planning for, and involved in,
                                               ance with the process for support, condi-               the decommissioning of a nuclear facility                 Section 211(o)(9) of the Clean Air Act (42
                                               tional support, or nonsupport by a host State           owned or operated by the licensee; and                 U.S.C. 7545(o)(9)) is amended—
                                               under subsection e.                                       (II) members of a community that the de-                (1) in subparagraph (A)(ii)(II), by inserting
                                                 ‘‘(3) DECISION DOCUMENT.—A decision docu-             commissioning referred to in subclause (I)             ‘‘grant or’’ after ‘‘the Administrator shall’’;
                                               ment for a revised PSDAR submitted under                may affect.                                            and
                                               paragraph (1)(A), or for an original PSDAR                (ii) INCLUSIONS.—The term ‘‘community ad-               (2) in subparagraph (B)(i), by inserting ‘‘for
                                               in any case in which the licensee or trans-             visory board’’ includes an organization de-            a new exemption or’’ after ‘‘the Adminis-
                                               feree elects not to revise the original                 scribed in clause (i) that is—                         trator’’.




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                                               March 4, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1487
                                                 SA 1494. Mr. LEE submitted an                         the date of the enactment of the Energy Tax               (2) Section 45K(g)(2) is amended by striking
                                               amendment intended to be proposed to                    Expenditure Repeal Act of 2020’’ after ‘‘sec-          subparagraph (E).
                                               amendment SA 1407 proposed by Ms.                       tion 30B(d)(3) of title 26’’.                             (3) Section 55(c)(1) is amended by striking
                                                                                                         (c) EFFECTIVE DATE.—The amendments                   ‘‘45(e)(11)(C),’’.
                                               MURKOWSKI to the bill S. 2657, to sup-                  made by this section shall apply to property              (c) EFFECTIVE DATE.—The amendments
                                               port innovation in advanced geo-                        purchased after December 31, 2017.                     made by this section shall apply to property
                                               thermal research and development, and                   SEC. 4005. REPEAL OF ALTERNATIVE FUEL VEHI-            placed in service after December 31, 2020.
                                               for other purposes; which was ordered                               CLE REFUELING PROPERTY CREDIT.             SEC. 4009. REPEAL OF CREDIT FOR PRODUCING
                                               to lie on the table; as follows:                          (a) IN GENERAL.—Subpart B of part IV of                          OIL AND GAS FROM MARGINAL
                                                                                                       subchapter A of chapter 1 is amended by                            WELLS.
                                                 At the end, add the following:                                                                                 (a) IN GENERAL.—Subpart D of part IV of
                                                                                                       striking section 30C (and by striking the
                                                  TITLE IV—REPEAL OF ENERGY TAX                                                                               subchapter A of chapter 1 is amended by
                                                                                                       item relating to such section in the table of
                                                              EXPENDITURES                                                                                    striking section 45I (and by striking the item
                                                                                                       sections for such subpart).
                                               SEC. 4001. SHORT TITLE; ETC.                               (b) CONFORMING AMENDMENTS.—                         relating to such section in the table of sec-
                                                 (a) SHORT TITLE.—This title may be cited                 (1) Section 38(b) is amended by striking            tions for such subpart).
                                               as the ‘‘Energy Tax Expenditure Repeal Act              paragraph (25).                                          (b) CONFORMING AMENDMENT.—Section 38(b)
                                               of 2020’’.                                                 (2) Section 55(c)(3) is amended by striking         is amended by striking paragraph (19).
                                                                                                                                                                (c) EFFECTIVE DATE.—The amendments
                                                 (b) AMENDMENT OF 1986 CODE.—Except as                 ‘‘sections 30C(d)(2) and 38(c)’’ and inserting
                                                                                                                                                              made by this section shall apply to taxable
                                               otherwise expressly provided, whenever in               ‘‘section 38(c)’’.
                                                                                                                                                              years beginning after December 31, 2020.
                                               this title an amendment or repeal is ex-                   (3) Section 1016(a) is amended by striking
                                                                                                                                                              SEC. 4010. REPEAL OF CREDIT FOR PRODUCTION
                                               pressed in terms of an amendment to, or re-             paragraph (36).                                                    FROM ADVANCED NUCLEAR POWER
                                               peal of, a section or other provision, the ref-            (4) Section 6501(m) is amended by striking                      FACILITIES.
                                               erence shall be considered to be made to a              ‘‘30C(e)(5),’’.                                          (a) IN GENERAL.—Subpart D of part IV of
                                               section or other provision of the Internal                 (5) Section 244(b) of the Energy Independ-          subchapter A of chapter 1 is amended by
                                               Revenue Code of 1986.                                   ence and Security Act of 2007 (42 U.S.C.               striking section 45J (and by striking the
                                               SEC. 4002. REPEAL OF CREDIT FOR NONBUSI-                17052(b)) is amended by striking paragraph             item relating to such section in the table of
                                                           NESS ENERGY PROPERTY.                       (6).                                                   sections for such subpart).
                                                 (a) IN GENERAL.—Subpart A of part IV of                  (c) EFFECTIVE DATE.—The amendments                    (b) CONFORMING AMENDMENTS.—
                                               subchapter A of chapter 1 is amended by                 made by this section shall apply to property             (1) Section 38(b) is amended by striking
                                               striking section 25C (and by striking the               placed in service after December 31, 2017.             paragraph (21).
                                               item relating to such section in the table of           SEC. 4006. REPEAL OF CREDIT FOR NEW QUALI-               (2) Section 501(c)(12) is amended by strik-
                                               sections of such subpart).                                          FIED PLUG-IN ELECTRIC DRIVE                ing subparagraph (I).
                                                                       AMENDMENT.—Section                          MOTOR VEHICLES.                              (c) EFFECTIVE DATE.—The amendments
                                                 (b)    CONFORMING
                                               1016(a) is amended by striking paragraph (33).            (a) IN GENERAL.—Subpart B of part IV of              made by this section shall apply to elec-
                                                 (c) EFFECTIVE DATE.—The amendments                    subchapter A of chapter 1 is amended by                tricity produced and sold after December 31,
                                               made by this section shall apply to property            striking section 30D (and by striking the              2020.
                                               placed in service after December 31, 2017.              item relating to such section in the table of          SEC. 4011. REPEAL OF NEW ENERGY EFFICIENT
                                               SEC. 4003. REPEAL OF CREDIT FOR RESIDENTIAL
                                                                                                       sections for such subpart).                                        HOME CREDIT.
                                                           ENERGY EFFICIENT PROPERTY.                     (b) CONFORMING AMENDMENTS.—                           (a) IN GENERAL.—Subpart D of part IV of
                                                                                                          (1) Section 38(b) is amended by striking            subchapter A of chapter 1 is amended by
                                                 (a) IN GENERAL.—Subpart A of part IV of
                                                                                                       paragraph (30).                                        striking section 45L (and by striking the
                                               subchapter A of chapter 1 is amended by
                                                                                                          (2) Section 1016(a) is amended by striking          item relating to such section in the table of
                                               striking section 25D (and by striking the
                                                                                                       paragraph (37).                                        sections for such subpart).
                                               item relating to such section in the table of
                                                                                                          (3) Section 6501(m) is amended by striking            (b) CONFORMING AMENDMENTS.—
                                               sections for such subpart).
                                                                                                       ‘‘30D(e)(4),’’.                                          (1) Section 38(b) is amended by striking
                                                  (b) CONFORMING AMENDMENTS.—
                                                                                                          (4) Section 166(b)(5)(A)(ii) of title 23, United    paragraph (23).
                                                  (1) Section 23(c)(1) is amended by striking
                                                                                                       States Code, is amended by inserting ‘‘, as in           (2) Section 196(c) is amended—
                                               ‘‘and section 25D’’.
                                                                                                       effect on the day before the date of the en-             (A) by inserting ‘‘and’’ at the end of para-
                                                  (2) Section 25(e)(1)(C) is amended by strik-
                                                                                                       actment of the Energy Tax Expenditure Re-              graph (12),
                                               ing ‘‘sections 23 and 25D’’ and inserting ‘‘sec-
                                                                                                       peal Act of 2020’’ after ‘‘section 30D(d)(1) of          (B) by striking paragraph (13), and
                                               tion 23’’.
                                                                                                       the Internal Revenue Code of 1986’’.                     (C) by redesignating paragraph (14) as para-
                                                  (3) Section 1016(a) is amended by striking
                                                                                                          (c) EFFECTIVE DATE.—The amendments                  graph (13).
                                               paragraph (34).                                         made by this section shall apply to vehicles             (3) Section 1016(a) is amended by striking
                                                  (c) EFFECTIVE DATE.—The amendments                   acquired after December 31, 2020.                      paragraph (32).
                                               made by this section shall apply to property
                                                                                                       SEC. 4007. REPEAL OF ENHANCED OIL RECOVERY               (c) EFFECTIVE DATE.—The amendments
                                               placed in service after December 31, 2020.                           CREDIT.                                   made by this section shall apply to homes
                                               SEC. 4004. REPEAL OF ALTERNATIVE MOTOR VE-                (a) IN GENERAL.—Subpart D of part IV of              acquired after December 31, 2017.
                                                           HICLE CREDIT.
                                                                                                       subchapter A of chapter 1 is amended by                SEC. 4012. REPEAL OF CREDIT FOR CARBON
                                                 (a) IN GENERAL.—Subpart B of part IV of               striking section 43 (and by striking the item                     OXIDE SEQUESTRATION.
                                               subchapter A of chapter 1 is amended by                 relating to such section in the table of sec-            (a) IN GENERAL.—Subpart D of part IV of
                                               striking section 30B (and by striking the               tions for such subpart).                               subchapter A of chapter 1 is amended by
                                               item relating to such section in the table of              (b) CONFORMING AMENDMENTS.—                         striking section 45Q (and by striking the
                                               sections for such subpart).                                (1) Section 38(b) is amended by striking            item relating to such section in the table of
                                                  (b) CONFORMING AMENDMENTS.—                          paragraph (6).                                         sections for such subpart).
                                                  (1) Section 38(b) is amended by striking                (2) Section 45K(b) is amended by striking             (b) CONFORMING AMENDMENT.—Section 38(b)
                                               paragraph (24).                                         paragraph (5).                                         is amended by striking paragraph (29).
                                                  (2) Section 1016(a) is amended by striking              (3) Section 196(c) is amended by striking             (c) EFFECTIVE DATE.—The amendments
                                               paragraph (35).                                         paragraph (5).                                         made by this section shall apply to taxable
                                                  (3) Section 6501(m) is amended by striking              (4) Section 6501(m) is amended by striking          years beginning after December 31, 2020.
                                               ‘‘30B(h)(9),’’.                                         ‘‘43,’’.                                               SEC. 4013. REPEAL OF ENERGY CREDIT.
                                                  (4) Section 301(3)(B) of the Energy Policy              (c) EFFECTIVE DATE.—The amendments                    (a) IN GENERAL.—Subpart E of part IV of
                                               Act of 1992 (42 U.S.C. 13211(3)(B)) is amend-           made by this section shall apply to amounts            subchapter A of chapter 1 is amended by
                                               ed—                                                     paid or incurred in taxable years beginning            striking section 48 (and by striking the item
                                                  (A) in clause (i), by inserting ‘‘, as in effect     after December 31, 2020.                               relating to such section in the table of sec-
                                               on the day before the date of the enactment             SEC. 4008. REPEAL OF CREDIT FOR ELECTRICITY            tions for such subpart).
                                               of the Energy Tax Expenditure Repeal Act of                         PRODUCED FROM CERTAIN RENEW-                 (b) CONFORMING AMENDMENTS.—
                                               2020’’ after ‘‘section 30B(b)(3) of title 26’’,                     ABLE RESOURCES.                              (1) Section 38(c)(4)(B) is amended by strik-
                                                  (B) in clause (ii), by inserting ‘‘, as in ef-         (a) IN GENERAL.—Subpart D of part IV of              ing clause (x).
                                               fect on the day before the date of the enact-           subchapter A of chapter 1 is amended by                  (2) Section 45K(b)(3)(A)(i)(III) is amended




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                                               ment of that Act’’ after ‘‘section 30B(c)(3) of         striking section 45 (and by striking the item          by inserting ‘‘, as in effect on the day before
                                               that title’’, and                                       relating to such section in the table of sec-          the date of the enactment of the Energy Tax
                                                  (C) in clause (iii), by inserting ‘‘, as in ef-      tions for such subpart).                               Expenditure Repeal Act of 2020’’ after ‘‘sec-
                                               fect on the day before the date of the enact-             (b) CONFORMING AMENDMENTS.—                          tion 48(a)(4)(C)’’.
                                               ment of that Act’’ after ‘‘section 30B(d)(3) of           (1) Section 38 is amended—                             (3) Section 168(e)(3)(B)(vi)(I) is amended by
                                               that title’’.                                             (A) in subsection (b), by striking paragraph         inserting ‘‘, as in effect on the day before the
                                                  (5) Section 508(a)(2) of the Energy Policy           (8), and                                               date of the enactment of the Energy Tax Ex-
                                               Act of 1992 (42 U.S.C. 13258(a)(2)) is amended            (B) in subsection (c)(4)(B), by striking             penditure Repeal Act of 2020’’ after ‘‘section
                                               by inserting ‘‘, as in effect on the day before         clauses (iv) and (v).                                  48(a)(3)’’.




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                                               S1488                                             CONGRESSIONAL RECORD — SENATE                                                           March 4, 2020
                                                 (c) EFFECTIVE DATE.—The amendments                      ‘‘(11) PERMANENT EXPENSING OF COSTS RE-                 (5) Section 381(c) is amended by striking
                                               made by this section shall apply to property            LATED TO SPECIFIED ENERGY PROPERTY.—                   paragraph (18).
                                               placed in service after December 31, 2020.                ‘‘(A) IN GENERAL.—In the case of any speci-             (6) Section 465(c)(1)(E) is amended by in-
                                               SEC. 4014. REPEAL OF QUALIFYING ADVANCED                fied energy property—                                  serting ‘‘, as in effect on the day before the
                                                           COAL PROJECT CREDIT.                          ‘‘(i) paragraphs (2)(A)(iii) and (8) shall not       date of the enactment of the Energy Tax Ex-
                                                 (a) IN GENERAL.—Subpart E of part IV of               apply, and                                             penditure Repeal Act of 2020’’ after ‘‘section
                                               subchapter A of chapter 1 is amended by                   ‘‘(ii) the applicable percentage shall be 100        613(e)(2)’’.
                                               striking section 48A (and by striking the               percent.                                                  (7) Section 611(a) is amended by striking
                                               item relating to such section in the table of             ‘‘(B) SPECIFIED ENERGY PROPERTY.—For                 the second sentence.
                                               sections for such subpart).                             purposes of this paragraph, the term ‘speci-              (8) Section 614(d) is amended by striking
                                                 (b) CONFORMING AMENDMENT.—Section 411                 fied energy property’ means any qualified              ‘‘includes only’’ and all that follows and in-
                                               of the Energy Policy Act of 2005 (42 U.S.C.             property which is described in—                        serting ‘‘includes only an interest burdened
                                               15971) is amended by striking subsection (d).             ‘‘(i) clause (vi) of subparagraph (B) of sub-        by the costs of production.’’.
                                                 (c) EFFECTIVE DATE.—The amendments                    section (e)(3),                                           (9) Section 631(c) is amended by striking
                                               made by this section shall apply to property              ‘‘(ii) clauses (iii) and (iv) of subparagraph        the second sentence.
                                               placed in service after December 31, 2020.              (C) of such subsection,                                   (10) Section 636(a) is amended by striking
                                               SEC.   4015.
                                                          REPEAL OF QUALIFYING GASIFI-                   ‘‘(iii) clause (iii) or (iv) of subparagraph (D)     ‘‘(for purposes of section 613)’’.
                                                          CATION PROJECT CREDIT.                       of such subsection, or                                    (11) Section 705(a) is amended—
                                                 (a) IN GENERAL.—Subpart E of part IV of                 ‘‘(iv) clauses (iii) through (vi) of subpara-           (A) in paragraph (1), by adding ‘‘and’’ at
                                               subchapter A of chapter 1 is amended by                 graph (E) of such subsection.’’.                       the end of subparagraph (C),
                                               striking section 48B (and by striking the                 (b)     CONFORMING        AMENDMENT.—Section            (B) in paragraph (2), by striking ‘‘; and’’ at
                                               item relating to such section in the table of           168(k)(6)(A) is amended by inserting ‘‘or              the end of subparagraph (B) and inserting a
                                               sections for such subpart).                             paragraph (11)’’ after ‘‘this paragraph’’.             period, and
                                                 (b) EFFECTIVE DATE.—The amendments                      (c) EFFECTIVE DATE.—The amendments                      (C) by striking paragraph (3).
                                               made by this section shall apply to property            made by this section shall apply to property              (12) Section 901(e)(1)(A) is amended by
                                               placed in service after December 31, 2020.              placed in service after December 31, 2020.             striking ‘‘(or, if smaller’’ and all that follows
                                               SEC. 4016. REPEAL OF QUALIFYING ADVANCED                SEC. 4020. PERMANENT EXPENSING OF COSTS RE-            through ‘‘under section 613)’’.
                                                           ENERGY PROJECT CREDIT.                                   LATED TO CERTAIN ATMOSPHERIC                 (13) Section 993(c)(2)(C) is amended by in-
                                                 (a) IN GENERAL.—Subpart E of part IV of                            POLLUTION CONTROL FACILITIES.             serting ‘‘(as each such section was in effect
                                               subchapter A of chapter 1 is amended by                   (a) IN GENERAL.—Paragraph (11) of section            on the day before the date of the enactment
                                               striking section 48C (and by striking the               168(k), as added by section 4019 of this Act, is       of the Energy Tax Expenditure Repeal Act of
                                               item relating to such section in the table of           amended—                                               2020)’’ after ‘‘section 613 or 613A’’.
                                               sections for such subpart).                                (1) in the heading, by inserting ‘‘AND CER-            (14) Section 1202(e)(3)(D) is amended by in-
                                                 (b) EFFECTIVE DATE.—The amendments                    TAIN ATMOSPHERIC POLLUTION CONTROL FACILI-             serting ‘‘(as each such section was in effect
                                               made by this section shall apply to property            TIES’’ after ‘‘SPECIFIED ENERGY PROPERTY’’,            on the day before the date of the enactment
                                               placed in service after December 31, 2020.              and                                                    of the Energy Tax Expenditure Repeal Act of
                                               SEC. 4017. REPEAL OF EXCLUSION OF ENERGY                   (2) in subparagraph (A), by inserting ‘‘or          2020)’’ after ‘‘section 613 or 613A’’.
                                                           CONSERVATION    SUBSIDIES  PRO-             any atmospheric pollution control facility                (15) Section 1367(a)(2) is amended by adding
                                                           VIDED BY PUBLIC UTILITIES.                  (as described in section 169(d)(5))’’ after            ‘‘and’’ at the end of subparagraph (C), by
                                                 (a) IN GENERAL.—Part III of subchapter B              ‘‘specified energy property’’.                         striking ‘‘, and’’ at the end of subparagraph
                                               of chapter 1 is amended by striking section                (b) EFFECTIVE DATE.—The amendments                  (D) and inserting a period, and by striking
                                               136 (and by striking the item relating to such          made by this section shall apply to property           subparagraph (E).
                                               section in the table of sections for such               placed in service after December 31, 2020.                (16) Section 1446(c) is amended by striking
                                               part).                                                  SEC. 4021. REPEAL OF DEDUCTION FOR ENERGY              paragraph (2) and by redesignating para-
                                                 (b) EFFECTIVE DATE.—The amendments                                EFFICIENT  COMMERCIAL   BUILD-             graph (3) as paragraph (2).
                                               made by this section shall apply to amounts                         INGS.
                                                                                                                                                                 (17) Section 4612(a)(7) is amended by insert-
                                               received after December 31, 2020.                         (a) IN GENERAL.—Part VI of subchapter B              ing ‘‘(as in effect on the day before the date
                                               SEC. 4018. EXPENSING OF GEOLOGICAL AND GEO-             of chapter 1 is amended by striking section            of the enactment of the Energy Tax Expendi-
                                                            PHYSICAL EXPENDITURES.                     179D (and by striking the item relating to             ture Repeal Act of 2020)’’ after ‘‘section 613’’.
                                                 (a) IN GENERAL.—Part VI of subchapter B               such section in the table of sections for such            (18) Section 4940(c)(3)(B) is amended—
                                               of chapter 1 is amended by inserting after              part).                                                    (A) by striking clause (ii), and
                                               section 176 the following new section:                    (b) CONFORMING AMENDMENT.—
                                                                                                                                                                 (B) by striking all that precedes ‘‘The de-
                                               ‘‘SEC. 177. GEOLOGICAL AND GEOPHYSICAL EX-                (1) Section 263(a)(1) is amended—
                                                                                                                                                              duction provided’’ and inserting the fol-
                                                            PENDITURES.                                  (A) in subparagraph (I), by adding ‘‘or’’ at
                                                                                                                                                              lowing:
                                                  ‘‘(a) TREATMENT AS EXPENSES.—A taxpayer              the end,
                                                                                                                                                                 ‘‘(B) MODIFICATIONS.—For purposes of sub-
                                               may elect to treat any geological and geo-                (B) by striking subparagraph (J), and
                                                                                                                                                              paragraph (A), the deduction provided’’.
                                               physical expenses paid or incurred in connec-             (C) by redesignating subparagraph (K) as                (c) EFFECTIVE DATE.—The amendments
                                               tion with the exploration for, or develop-              subparagraph (J).                                      made by this section shall apply to taxable
                                               ment of, oil or gas within the United States              (2) Section 312(k)(3)(B) is amended by               years beginning after December 31, 2020.
                                               (as defined in section 638) which are paid or           striking ‘‘, 179D’’ each place it appears.             SEC. 4023. REPEAL OF CREDIT FOR ALCOHOL
                                               incurred by the taxpayer during the taxable               (3) Section 1016(a) is amended by striking                       FUEL,  BIODIESEL,  AND ALTER-
                                               year as expenses which are not chargeable to            paragraph (31).                                                    NATIVE FUEL MIXTURES.
                                               capital account. The expenditures so treated              (4) Section 1245(a) is amended—                        (a) IN GENERAL.—Subchapter B of chapter
                                               shall be allowed as a deduction.                          (A) in paragraph (2)(C), by striking ‘‘179,’’,       65 of subtitle F is amended by striking sec-
                                                 ‘‘(b) ELECTION.—An election under sub-                and                                                    tion 6426 (and by striking the item relating
                                               section (a) shall be made at such time and in             (B) in paragraph (3)(C), by striking ‘‘179,’’.       to such section in the table of sections for
                                               such manner as the Secretary prescribes by                (c) EFFECTIVE DATE.—The amendments                   such subchapter).
                                               regulations.’’.                                         made by this section shall apply to property             (b) CONFORMING AMENDMENTS.—
                                                 (b) CONFORMING AMENDMENTS.—                           placed in service after December 31, 2017.               (1) Section 40(c) is amended by striking ‘‘,
                                                 (1) Section 167 is amended by striking sub-           SEC. 4022. REPEAL OF PERCENTAGE DEPLETION.             section 6426,’’.
                                               section (h).                                              (a) IN GENERAL.—Part I of subchapter I of              (2) Section 40A is amended—
                                                 (2) Section 263A(c)(3) is amended by strik-           chapter 1 is amended by striking sections 613            (A) in subsection (c), by striking ‘‘6426 or’’,
                                               ing ‘‘167(h),’’.                                        and 613A (and by striking the items relating           and
                                                 (3) The table of sections for part VI of sub-         to such sections in the table of sections for            (B) in subsection (f)(4)(B), by striking ‘‘and
                                               chapter B of chapter 1 is amended by insert-            such part).                                            section 6426(c)’’.
                                               ing after the item relating to section 176 the             (b) CONFORMING AMENDMENTS.—                           (3) Section 4101(a)(1) is amended by insert-
                                               following new item:                                        (1) Section 45H(d) is amended by inserting          ing ‘‘(as each such section was in effect on
                                               ‘‘Sec. 177. Geological and geophysical ex-              ‘‘, as in effect on the day before the date of         the day before the date of the enactment of
                                                                penditures.’’.                         the enactment of the Energy Tax Expendi-               the Energy Tax Expenditure Repeal Act of




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                                                 (c) EFFECTIVE DATE.—The amendments                    ture Repeal Act of 2020’’ after ‘‘section              2020)’’ after ‘‘section 6426(b)(4)(A)’’.
                                               made by this section shall apply to amounts             613A(d)(3)’’.                                            (4) Section 4104(a)(2) is amended by strik-
                                               paid or incurred after December 31, 2020.                  (2) Section 57(a)(1) is amended by striking         ing ‘‘, 6426,’’.
                                               SEC. 4019. PERMANENT EXPENSING OF COSTS RE-             the second sentence.                                     (5) Section 6427 is amended—
                                                            LATED  TO  SPECIFIED    ENERGY                (3) Section 263(i)(2)(A) is amended by strik-         (A) by striking subsection (e), and
                                                            PROPERTY.                                  ing ‘‘(determined without regard to section              (B) in subsection (i), by striking paragraph
                                                 (a) IN GENERAL.—Section 168(k) is amended             613)’’.                                                (3).
                                               by adding at the end the following new para-               (4) Section 291(a) is amended by striking             (6) Section 9503(b)(1) is amended by strik-
                                               graph:                                                  paragraph (2).                                         ing ‘‘taxes received under sections 4041 and




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                                               March 4, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1489
                                               4081 shall be determined without reduction              authorized by this subtitle do not duplicate             (S) refueling and charging infrastructure
                                               for credits under section 6426 and’’.                   those of other programs within the Depart-             for alternative fueled and electric or plug-in
                                                 (c) EFFECTIVE DATE.—The amendments                    ment or other relevant research agencies.              electric hybrid vehicles, including the
                                               made by this section shall apply to fuel sold           SEC. 1703. AUTHORIZATION OF APPROPRIATIONS.            unique challenges facing rural areas;
                                               or used after December 31, 2020.                          There are authorized to be appropriated to             (T) gaseous fuels storage systems and sys-
                                               SEC. 4024. CONFORMING AMENDMENTS RELAT-                 the Secretary for research, development, en-           tem integration and optimization;
                                                           ING TO MULTIPLE SECTIONS.                   gineering, demonstration, and commercial                 (U) sensing, communications, and actu-
                                                 (a) IN GENERAL.—                                      application of vehicles and related tech-              ation technologies for vehicle, electrical
                                                 (1) AT-RISK RULES.—Section 49(a)(1)(C) is             nologies in the United States, including ac-           grid, and infrastructure;
                                               amended by striking ‘‘means’’ and all that              tivities authorized under this subtitle—                 (V) efficient use, substitution, and recy-
                                               follows through the period and inserting                  (1) for fiscal year 2021, $313,567,000;              cling of potentially critical materials in ve-
                                               ‘‘means the portion of the basis of any quali-            (2) for fiscal year 2022, $326,109,000;              hicles, including rare earth elements and
                                               fied rehabilitated building attributable to               (3) for fiscal year 2023, $339,154,000;              precious metals, at risk of supply disruption;
                                               qualified rehabilitation expenditures.’’.                 (4) for fiscal year 2024, $352,720,000; and            (W) aftertreatment technologies;
                                                 (2) PROGRESS EXPENDITURES FOR INVEST-                   (5) for fiscal year 2025, $366,829,000.                (X) thermal management of battery sys-
                                               MENT CREDIT PROPERTY.—Section 50(a)(2) is               SEC. 1704. REPORTING.                                  tems;
                                               amended by striking subparagraph (E).                     (a) TECHNOLOGIES DEVELOPED.—Not later                  (Y) retrofitting advanced vehicle tech-
                                                 (3) APPLICABLE SECTION 38 CREDITS.—Sec-               than 18 months after the date of enactment             nologies to existing vehicles;
                                               tion 59A(b)(4) is amended by striking ‘‘prop-           of this Act and annually thereafter through              (Z) development of common standards,
                                               erly allocable’’ and all that follows through           2025, the Secretary shall submit to Congress           specifications, and architectures for both
                                               the period and inserting ‘‘properly allocable           a report regarding the technologies devel-             transportation and stationary battery appli-
                                               to the low-income housing credit determined             oped as a result of the activities authorized          cations;
                                               under section 42(a).’’.                                 by this subtitle, with a particular emphasis             (AA) advanced internal combustion en-
                                                 (4) AMOUNT OF INVESTMENT CREDIT.—Sec-                 on whether the technologies were success-              gines;
                                               tion 46 is amended—                                     fully adopted for commercial applications,               (BB) mild hybrid;
                                                 (A) in paragraph (1), by inserting ‘‘and’’ at         and if so, whether products relying on those             (CC) engine down speeding;
                                               the end,                                                technologies are manufactured in the United              (DD) vehicle-to-vehicle, vehicle-to-pedes-
                                                 (B) by striking paragraphs (2) through (5),           States.                                                trian, and vehicle-to-infrastructure tech-
                                                                                                         (b) ADDITIONAL MATTERS.—At the end of                nologies; and
                                               and
                                                                                                       each fiscal year through 2025, the Secretary             (EE) other research areas as determined by
                                                 (C) by redesignating paragraph (6) as para-
                                                                                                       shall submit to the relevant Congressional             the Secretary.
                                               graph (2).                                              committees of jurisdiction an annual report
                                                 (b) EFFECTIVE DATE.—The amendments                                                                             (2) TRANSFORMATIONAL TECHNOLOGY.—The
                                                                                                       describing activities undertaken in the pre-           Secretary shall ensure that the Department
                                               made by this section shall apply to taxable             vious year under this subtitle, active indus-          continues to support research, development,
                                               years beginning after December 31, 2020.                try participants, the status of public-private         engineering, demonstration, and commercial
                                                                                                       partnerships, progress of the program in               application activities and maintains com-
                                                 SA 1495. Mr. CASSIDY (for himself,                    meeting goals and timelines, and a strategic           petency in mid- to long-term trans-
                                               Mr.     CORNYN,     Mr.     INHOFE, Mr.                 plan for funding of activities across agencies.        formational vehicle technologies with poten-
                                               LANKFORD, Mrs. HYDE-SMITH, Mr. SUL-                     SEC. 1705. VEHICLE RESEARCH AND DEVELOP-               tial to achieve reductions in emissions, in-
                                               LIVAN, Mr. BARRASSO, Mrs. CAPITO, Mr.                               MENT.                                      cluding activities in the areas of—
                                               RISCH, Mr. CRAMER, Mr. TILLIS, Mr.                        (a) PROGRAM.—                                          (A) hydrogen vehicle technologies, includ-
                                               CRAPO, Mr. BRAUN, Mr. CRUZ, Mr.                           (1) ACTIVITIES.—The Secretary shall con-             ing fuel cells, hydrogen storage, infrastruc-
                                                                                                       duct a program of basic and applied research,          ture, and activities in hydrogen technology
                                               HOEVEN, and Mr. TOOMEY) submitted an                    development, engineering, demonstration,               validation and safety codes and standards;
                                               amendment intended to be proposed to                    and commercial application activities on                 (B) multiple battery chemistries and novel
                                               amendment SA 1407 proposed by Ms.                       materials, technologies, and processes with            energy storage devices, including nonchem-
                                               MURKOWSKI to the bill S. 2657, to sup-                  the potential to substantially reduce emis-            ical batteries and electromechanical storage
                                               port innovation in advanced geo-                        sions of the passenger and commercial vehi-            technologies such as hydraulics, flywheels,
                                               thermal research and development, and                   cles of the United States, including activi-           and compressed air storage;
                                               for other purposes; which was ordered                   ties in the areas of—                                    (C)    communication      and    connectivity
                                               to lie on the table; as follows:                          (A) electrification of vehicle systems;              among vehicles, infrastructure, and the elec-
                                                                                                         (B) batteries, ultracapacitors, and other            trical grid; and
                                                 Strike sections 1701 through 1705 and insert          energy storage devices;                                  (D) other innovative technologies research
                                               the following:                                            (C) power electronics;                               and development, as determined by the Sec-
                                               SEC. 1701. OBJECTIVES.                                    (D) vehicle, component, and subsystem                retary.
                                                 The objectives of this subtitle are—                  manufacturing technologies and processes;                (3) INDUSTRY PARTICIPATION.—
                                                 (1) to establish a consistent and consoli-              (E) engine efficiency and combustion opti-             (A) IN GENERAL.—To the maximum extent
                                               dated authority for the vehicle technology              mization;                                              practicable, activities under this subtitle
                                               program at the Department;                                (F) waste heat recovery;                             shall be carried out in partnership or col-
                                                 (2) to develop United States technologies               (G) transmission and drivetrains;                    laboration with automotive manufacturers,
                                               and practices that improve the fuel effi-                 (H) hydrogen vehicle technologies, includ-           heavy commercial, vocational, and transit
                                               ciency and emissions of all vehicles produced           ing fuel cells and internal combustion en-             vehicle manufacturers, qualified plug-in
                                               in the United States;                                   gines, and hydrogen infrastructure, includ-            electric vehicle manufacturers, compressed
                                                 (3) to support domestic research, develop-            ing hydrogen energy storage to enable re-              natural gas vehicle manufacturers, vehicle
                                               ment, engineering, demonstration, and com-              newables and provide hydrogen for fuel and             and engine equipment and component manu-
                                               mercial application and manufacturing of                power;                                                 facturers, manufacturing equipment manu-
                                               advanced vehicles, engines, and components;               (I) natural gas vehicle technologies;                facturers, advanced vehicle service pro-
                                                 (4) to enable vehicles to move larger vol-              (J) aerodynamics, rolling resistance (in-            viders, fuel producers and energy suppliers,
                                               umes of goods and more passengers with less             cluding tires and wheel assemblies), and ac-           electric utilities, universities, National Lab-
                                               energy and emissions;                                   cessory power loads of vehicles and associ-            oratories, and independent research labora-
                                                 (5) to develop cost-effective advanced tech-          ated equipment;                                        tories.
                                               nologies for wide-scale utilization through-              (K) vehicle weight reduction, including                (B) REQUIREMENTS.—In carrying out this
                                               out the passenger, commercial, government,              lightweighting materials and the develop-              subtitle, the Secretary shall—
                                               and transit vehicle sectors;                            ment of manufacturing processes to fab-                  (i) determine whether a wide range of com-
                                                 (6) to allow for greater consumer choice of           ricate, assemble, and use dissimilar mate-             panies that manufacture or assemble vehi-
                                               vehicle technologies and fuels;                         rials;                                                 cles or components in the United States are
                                                 (7) shorten technology development and in-              (L) friction and wear reduction;                     represented in ongoing public-private part-
                                               tegration cycles in the vehicle industry;                 (M) engine and component durability;                 nership activities, including firms that have
                                                 (8) to ensure a proper balance and diversity            (N) innovative propulsion systems;                   not traditionally participated in federally




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                                               of Federal investment in vehicle tech-                    (O) advanced boosting systems;                       sponsored research and development activi-
                                               nologies; and                                             (P) hydraulic hybrid technologies;                   ties, and where possible, partner with such
                                                 (9) to strengthen partnerships between                  (Q) engine compatibility with and optimi-            firms that conduct significant and relevant
                                               Federal and State governmental agencies                 zation for a variety of transportation fuels           research and development activities in the
                                               and the private and academic sectors.                   including natural gas and other liquid and             United States;
                                               SEC. 1702. COORDINATION AND NONDUPLICA-                 gaseous fuels;                                           (ii) leverage the capabilities and resources
                                                          TION.                                          (R) predictive engineering, modeling, and            of, and formalize partnerships with, indus-
                                                 The Secretary shall ensure, to the max-               simulation of vehicle and transportation sys-          try-led stakeholder organizations, nonprofit
                                               imum extent practicable, that the activities            tems;                                                  organizations, industry consortia, and trade




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                                               S1490                                             CONGRESSIONAL RECORD — SENATE                                                            March 4, 2020
                                               associations with expertise in the research                (I) with the most promise for market de-             ‘‘Davis-Bacon Act’’), shall not apply to any
                                               and development of, and education and out-              velopment; and                                          contract or subcontract supported, in whole
                                               reach activities in, advanced automotive and               (II) for which market development would              or in part, by funds provided under this Act
                                               commercial vehicle technologies;                        be aided by a demonstration project.                    or under the amendments made by this Act.
                                                  (iii) develop more effective processes for              (B) REPORT.—Not later than 1 year after                (b) PREVENTING OTHER PREVAILING WAGE
                                               transferring research findings and tech-                the date of enactment of this Act, the Sec-             REQUIREMENTS.—This Act shall be applied
                                               nologies to industry;                                   retary shall submit to the appropriate com-             without regard to subsection (g) of section
                                                  (iv) support public-private partnerships,            mittees of Congress an initial report on the            1004 and paragraph (4) of section 1204(b) of
                                               dedicated to overcoming barriers in commer-             findings of the program described in subpara-           this Act, and such subsection and paragraph
                                               cial application of transformational vehicle            graph (A), including recommendations for                are deemed null, void, and of no effect.
                                               technologies, that use such industry-led                stationary energy storage and other poten-
                                               technology development facilities of entities           tial applications for batteries used in plug-in           SA 1497. Mr. PAUL submitted an
                                               with demonstrated expertise in successfully             electric drive vehicles.                                amendment intended to be proposed to
                                               designing and engineering pre-commercial                   (C) SECONDARY USE DEMONSTRATION.—                    amendment SA 1407 proposed by Ms.
                                               generations of such transformational tech-                 (i) IN GENERAL.—Based on the results of the          MURKOWSKI to the bill S. 2657, to sup-
                                               nology; and                                             program described in subparagraph (A), the
                                                                                                       Secretary shall develop guidelines for
                                                                                                                                                               port innovation in advanced geo-
                                                  (v) promote efforts to ensure that tech-                                                                     thermal research and development, and
                                               nology research, development, engineering,              projects that demonstrate the secondary
                                               and commercial application activities funded            uses and innovative recycling of vehicle bat-           for other purposes; which was ordered
                                               under this subtitle are carried out in the              teries.                                                 to lie on the table; as follows:
                                               United States.                                             (ii) PUBLICATION OF GUIDELINES.—Not later              At the end of subtitle D of title I, add the
                                                  (4) INTERAGENCY AND INTRAAGENCY COORDI-              than 18 months after the date of enactment              following:
                                               NATION.—To the maximum extent prac-                     of this Act, the Secretary shall—                       SEC. 14ll. SALE OF COAL-FIRED ELECTRIC GEN-
                                               ticable, the Secretary shall coordinate re-                (I) publish the guidelines described in                          ERATING FACILITIES BY THE TEN-
                                               search, development, demonstration, and                 clause (i); and                                                     NESSEE VALLEY AUTHORITY.
                                               commercial application activities among—                   (II) solicit applications for funding for              (a) IN GENERAL.—Before the Tennessee Val-
                                                  (A) relevant programs within the Depart-             demonstration projects.                                 ley Authority retires a coal-fired electric
                                               ment, including—                                           (iii) PILOT DEMONSTRATION PROGRAM.—Not               generating facility, the Tennessee Valley
                                                  (i) the Office of Energy Efficiency and Re-          later than 21 months after the date of enact-           Authority shall—
                                               newable Energy;                                         ment of this Act, the Secretary shall select              (1) offer the facility for sale; and
                                                  (ii) the Office of Science;                          proposals for grant funding under this sub-               (2) sell the facility to the highest bidder,
                                                  (iii) the Office of Electricity Delivery and         section, based on an assessment of which                subject to the condition that the purchaser
                                               Energy Reliability;                                     proposals are mostly likely to contribute to            shall agree to continue to operate the facil-
                                                  (iv) the Office of Fossil Energy;                    the development of a secondary market for               ity for electric generation for not less than
                                                  (v) the Advanced Research Projects Agen-             batteries.                                              10 years beginning on the date of the sale.
                                               cy—Energy; and                                             (b) MANUFACTURING.—The Secretary shall                 (b) REVERTER.—On the violation by a pur-
                                                  (vi) other offices as determined by the Sec-         carry out a research, development, engineer-            chaser of the condition described in sub-
                                               retary; and                                             ing, demonstration, and commercial applica-             section (a)(2), the applicable facility shall re-
                                                  (B) relevant technology research and de-             tion program of advanced vehicle manufac-               vert to the Tennessee Valley Authority.
                                               velopment programs within other Federal                 turing technologies and practices, including
                                               agencies, as determined by the Secretary.               innovative processes—                                     SA 1498. Mrs. SHAHEEN submitted
                                                  (5) FEDERAL DEMONSTRATION OF TECH-                      (1) to increase the production rate and de-          an amendment intended to be proposed
                                               NOLOGIES.—The Secretary shall make infor-               crease the cost of advanced battery and fuel            to amendment SA 1407 proposed by Ms.
                                               mation available to procurement programs                cell manufacturing;
                                                                                                          (2) to vary the capability of individual
                                                                                                                                                               MURKOWSKI to the bill S. 2657, to sup-
                                               of Federal agencies regarding the potential                                                                     port innovation in advanced geo-
                                               to demonstrate technologies resulting from              manufacturing facilities to accommodate
                                                                                                       different battery chemistries and configura-            thermal research and development, and
                                               activities funded through programs under
                                               this subtitle.                                          tions;                                                  for other purposes; which was ordered
                                                  (6) INTERGOVERNMENTAL COORDINATION.—                    (3) to reduce waste streams, emissions, and          to lie on the table; as follows:
                                               The Secretary shall seek opportunities to le-           energy intensity of vehicle, engine, advanced             At the appropriate place, insert the fol-
                                               verage resources and support initiatives of             battery, and component manufacturing proc-              lowing:
                                               State and local governments in developing               esses;                                                  SEC. llll. MODEL GUIDANCE FOR COMBINED
                                               and promoting advanced vehicle tech-                       (4) to recycle and remanufacture used bat-                      HEAT AND POWER SYSTEMS AND
                                               nologies, manufacturing, and infrastructure.            teries and other vehicle components for                            WASTE HEAT TO POWER SYSTEMS.
                                                  (7) CRITERIA.—In awarding grants under               reuse in vehicles or stationary applications;             (a) DEFINITIONS.—In this section:
                                               the program under this subsection, the Sec-                (5) to develop manufacturing processes to              (1) ADDITIONAL SERVICES.—The term ‘‘addi-
                                               retary shall give priority to those tech-               effectively fabricate, assemble, and produce            tional services’’ means the provision of sup-
                                               nologies (either individually or as part of a           cost-effective lightweight materials such as            plementary power, backup or standby power,
                                               system) that—                                           advanced aluminum and other metal alloys,               maintenance power, or interruptible power
                                                  (A) provide the greatest aggregate fuel sav-         polymeric composites, and carbon fiber for              to an electric consumer by an electric util-
                                               ings based on the reasonable projected sales            use in vehicles;                                        ity.
                                               volumes of the technology; and                             (6) to produce lightweight high pressure               (2) WASTE HEAT TO POWER SYSTEM.—
                                                  (B) provide the greatest increase in United          storage systems for gaseous fuels;                        (A) IN GENERAL.—The term ‘‘waste heat to
                                               States employment.                                         (7) to design and manufacture purpose-               power system’’ means a system that gen-
                                                  (8) SECONDARY USE APPLICATIONS.—                     built hydrogen fuel cell vehicles and compo-            erates electricity through the recovery of
                                                  (A) IN GENERAL.—The Secretary shall carry            nents;                                                  waste energy.
                                               out a research, development, and demonstra-                (8) to improve the calendar life and cycle             (B) EXCLUSION.—The term ‘‘waste heat to
                                               tion program that—                                      life of advanced batteries; and                         power system’’ does not include a system
                                                  (i) builds on any work carried out under                (9) to produce permanent magnets for ad-             that generates electricity through the recov-
                                               section 915 of the Energy Policy Act of 2005            vanced vehicles.                                        ery of a heat resource from a process the pri-
                                               (42 U.S.C. 16195);                                                                                              mary purpose of which is the generation of
                                                  (ii) identifies possible uses of a vehicle bat-        SA 1496. Mr. LEE submitted an                         electricity using a fossil fuel.
                                               tery after the useful life of the battery in a          amendment intended to be proposed to                      (3) OTHER TERMS.—
                                               vehicle has been exhausted;                             amendment SA 1407 proposed by Ms.                         (A) PURPA.—The terms ‘‘electric con-
                                                  (iii) conducts long-term testing to verify           MURKOWSKI to the bill S. 2657, to sup-                  sumer’’, ‘‘electric utility’’, ‘‘interconnection
                                               performance and degradation predictions and             port innovation in advanced geo-                        service’’, and ‘‘State regulatory authority’’
                                               lifetime valuations for secondary uses;                 thermal research and development, and                   have the meanings given those terms in the
                                                  (iv) evaluates innovative approaches to re-                                                                  Public Utility Regulatory Policies Act of
                                                                                                       for other purposes; which was ordered




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                                               cycling materials from plug-in electric drive                                                                   1978 (16 U.S.C. 2601 et seq.), within the mean-
                                               vehicles and the batteries used in plug-in              to lie on the table; as follows:                        ing of title I of that Act (16 U.S.C. 2611 et
                                               electric drive vehicles;                                     After section 2, insert the following:             seq.).
                                                  (v)(I) assesses the potential for markets for        SEC.    3.  NONAPPLICABILITY OF DAVIS-BACON               (B) EPCA.—The terms ‘‘combined heat and
                                               uses described in clause (ii) to develop; and                         ACT.                                      power system’’ and ‘‘waste energy’’ have the
                                                  (II) identifies any barriers to the develop-           (a)     IN GENERAL.—Notwithstanding any               meanings given those terms in section 371 of
                                               ment of those markets; and                              other provision of law, the requirements of             the Energy Policy and Conservation Act (42
                                                  (vi) identifies the potential uses of a vehi-        subchapter IV of chapter 31 of title 40,                U.S.C. 6341).
                                               cle battery—                                            United States Code (commonly known as the                 (b) REVIEW.—




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                                               March 4, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                    S1491
                                                 (1) IN GENERAL.—Not later than 180 days               amendment SA 1407 proposed by Ms.                        (iii) additional sources of information as
                                               after the date of enactment of this Act, the            MURKOWSKI to the bill S. 2657, to sup-                 determined by the Secretary.
                                               Secretary, in consultation with the Federal             port innovation in advanced geo-                         (B) REPORT REQUIREMENTS.—For the pur-
                                               Energy Regulatory Commission and other                                                                         poses of subparagraph (A), an energy effi-
                                                                                                       thermal research and development, and
                                               appropriate entities, shall review existing                                                                    ciency report shall—
                                               rules and procedures relating to interconnec-           for other purposes; which was ordered
                                                                                                                                                                (i) estimate the expected energy cost sav-
                                               tion service and additional services through-           to lie on the table; as follows:
                                                                                                                                                              ings specific to the subject property, based
                                               out the United States for electric generation             At the appropriate place, insert the fol-
                                                                                                                                                              on specific information about the property;
                                               with nameplate capacity up to 20 megawatts              lowing:
                                                                                                                                                                (ii) be prepared in accordance with the
                                               to identify barriers to the deployment of               SEC. ll. ENHANCED ENERGY EFFICIENCY UN-
                                                                                                                  DERWRITING CRITERIA.                        guidelines to be issued under paragraph (1);
                                               combined heat and power systems and waste
                                                                                                         (a) DEFINITIONS.—In this section, the fol-           and
                                               heat to power systems.
                                                                                                       lowing definitions shall apply:                          (iii) be prepared—
                                                 (2) INCLUSION.—The review under this sub-
                                               section shall include a review of existing                (1) ADMINISTRATION.—The term ‘‘Adminis-                (I) in accordance with the Residential En-
                                               rules and procedures relating to—                       tration’’ means the Federal Housing Admin-             ergy Service Network’s Home Energy Rating
                                                 (A) determining and assigning costs of                istration.                                             System (commonly known as ‘‘HERS’’) by an
                                               interconnection service and additional serv-              (2) COVERED LOAN.—The term ‘‘covered                 individual certified by the Residential En-
                                               ices; and                                               loan’’ means a loan secured by a home that             ergy Service Network, unless the Secretary
                                                 (B) ensuring adequate cost recovery by an             is insured by the Administration under title           finds that the use of HERS does not further
                                               electric utility for interconnection service            II of the National Housing Act (12 U.S.C. 1707         the purposes of this section;
                                               and additional services.                                et seq.).                                                (II) in accordance with the Alaska Housing
                                                 (c) MODEL GUIDANCE.—                                    (3) HOMEOWNER.—The term ‘‘homeowner’’                Finance Corporation energy rating system
                                                 (1) IN GENERAL.—Not later than 18 months              means the mortgagor under a covered loan.              by an individual certified by the Alaska
                                               after the date of enactment of this Act, the              (4) MORTGAGEE.—The term ‘‘mortgagee’’                Housing Finance Corporation as an author-
                                               Secretary, in consultation with the Federal             means an original lender under a covered               ized Energy Rater; or
                                               Energy Regulatory Commission and other                  loan or the holder of a covered loan at the              (III) by other methods approved by the
                                               appropriate entities, shall issue model guid-           time at which that mortgage transaction is             Secretary, in consultation with the Sec-
                                               ance for interconnection service and addi-              consummated.                                           retary of Energy and the advisory group es-
                                               tional services for use by State regulatory               (5) SECRETARY.—The term ‘‘Secretary’’                tablished under subsection (e)(3), for use
                                               authorities to reduce the barriers identified           means the Secretary of Housing and Urban               under this section, which shall include a
                                               under subsection (b)(1).                                Development.
                                                                                                                                                              third-party quality assurance procedure.
                                                 (2) CURRENT BEST PRACTICES.—The model                   (b) ENHANCED ENERGY EFFICIENCY UNDER-
                                                                                                       WRITING CRITERIA.—
                                                                                                                                                                (4) USE BY APPRAISER.—If an energy effi-
                                               guidance issued under this subsection shall                                                                    ciency report is used under paragraph (2), the
                                               reflect, to the maximum extent practicable,               (1) IN GENERAL.—Not later than 1 year after
                                                                                                       the date of enactment of this Act, the Sec-            energy efficiency report shall be provided to
                                               current best practices to encourage the de-
                                                                                                       retary shall, in consultation with the advi-           the appraiser to estimate the energy effi-
                                               ployment of combined heat and power sys-
                                                                                                       sory group established under subsection                ciency of the subject property and for poten-
                                               tems and waste heat to power systems while
                                               ensuring the safety and reliability of the              (e)(3), develop and issue guidelines for the           tial adjustments for energy efficiency.
                                               interconnected units and the distribution               Administration to implement enhanced loan                (5) PRICING OF LOANS.—
                                               and transmission networks to which the                  eligibility requirements, for use when test-             (A) IN GENERAL.—The Administration may
                                               units connect, including—                               ing the ability of a loan applicant to repay a         price covered loans originated under the en-
                                                 (A) relevant current standards developed              covered loan, that account for the expected            hanced loan eligibility requirements re-
                                               by the Institute of Electrical and Electronic           energy cost savings for a loan applicant at a          quired under this subsection in accordance
                                               Engineers; and                                          subject property, in the manner set forth in           with the estimated risk of the loans.
                                                 (B) model codes and rules adopted by—                 paragraphs (2) and (3).                                  (B) IMPOSITION OF CERTAIN MATERIAL COSTS,
                                                 (i) States; or                                          (2) REQUIREMENTS TO ACCOUNT FOR ENERGY               IMPEDIMENTS, OR PENALTIES.—In the absence
                                                 (ii) associations of State regulatory agen-           COST SAVINGS.—                                         of a publicly disclosed analysis that dem-
                                               cies.                                                     (A) IN GENERAL.—The enhanced loan eligi-             onstrates significant additional default risk
                                                 (3) FACTORS FOR CONSIDERATION.—In estab-              bility requirements under paragraph (1) shall          or prepayment risk associated with the
                                               lishing the model guidance under this sub-              require that, for all covered loans for which          loans, the Administration shall not impose
                                               section, the Secretary shall take into consid-          an energy efficiency report is voluntarily             material costs, impediments, or penalties on
                                               eration—                                                provided to the mortgagee by the home-                 covered loans merely because the loan uses
                                                 (A) the appropriateness of using standards            owner, the Administration and the mort-                an energy efficiency report or the enhanced
                                               or procedures for interconnection service               gagee shall take into consideration the esti-          loan eligibility requirements required under
                                               that vary based on unit size, fuel type, or             mated energy cost savings expected for the             this subsection.
                                               other relevant characteristics;                         owner of the subject property in determining             (6) LIMITATIONS.—
                                                 (B) the appropriateness of establishing               whether the loan applicant has sufficient in-            (A) IN GENERAL.—The Administration may
                                               fast-track procedures for interconnection               come to service the mortgage debt plus other           price covered loans originated under the en-
                                               service;                                                regular expenses.                                      hanced loan eligibility requirements re-
                                                 (C) the value of consistency with Federal               (B) USE AS OFFSET.—To the extent that the            quired under this subsection in accordance
                                               interconnection rules established by the Fed-           Administration uses a test such as a debt-to-          with the estimated risk of those loans.
                                               eral Energy Regulatory Commission as of                 income test that includes certain regular ex-            (B) PROHIBITED ACTIONS.—The Administra-
                                               the date of enactment of this Act;                      penses, such as hazard insurance and prop-             tion shall not—
                                                 (D) the best practices used to model outage           erty taxes—                                              (i) modify existing underwriting criteria or
                                               assumptions and contingencies to determine                (i) the expected energy cost savings shall
                                                                                                                                                              adopt new underwriting criteria that inten-
                                               fees or rates for additional services;                  be included as an offset to these expenses;
                                                                                                                                                              tionally negate or reduce the impact of the
                                                 (E) the appropriate duration, magnitude,              and
                                                                                                                                                              requirements or resulting benefits that are
                                               or usage of demand charge ratchets;                       (ii) the Administration may not use the
                                                 (F) potential alternative arrangements                                                                       set forth or otherwise derived from the en-
                                                                                                       offset described in clause (i) to qualify a loan
                                               with respect to the procurement of addi-                                                                       hanced loan eligibility requirements re-
                                                                                                       applicant for insurance under title II of the
                                               tional services, including—                             National Housing Act (12 U.S.C. 1707 et seq.)          quired under this subsection; or
                                                 (i) contracts tailored to individual electric         with respect to a loan that would not other-             (ii) impose greater buy back requirements,
                                               consumers for additional services;                      wise meet the requirements for such insur-             credit overlays, or insurance requirements,
                                                 (ii) procurement of additional services by            ance.                                                  including private mortgage insurance, on
                                               an electric utility from a competitive mar-               (C) TYPES OF ENERGY COSTS.—Energy costs              covered loans merely because the loan uses
                                               ket; and                                                to be assessed under this paragraph shall in-          an energy efficiency report or the enhanced
                                                 (iii) waivers of fees or rates for additional         clude the cost of electricity, natural gas, oil,       loan eligibility requirements required under
                                               services for small electric consumers; and              and any other fuel regularly used to supply            this subsection.
                                                 (G) outcomes such as increased electric re-           energy to the subject property.                          (7) APPLICABILITY AND IMPLEMENTATION
                                                                                                                                                              DATE.—Not later than 3 years after the date




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                                               liability, fuel diversification, enhanced                 (3) DETERMINATION OF ESTIMATED ENERGY
                                               power quality, and reduced electric losses              COST SAVINGS.—                                         of enactment of this Act, and before Decem-
                                               that may result from increased use of com-                (A) IN GENERAL.—The guidelines to be                 ber 31, 2023, the enhanced loan eligibility re-
                                               bined heat and power systems and waste                  issued under paragraph (1) shall include in-           quirements required under this subsection
                                               heat to power systems.                                  structions for the Administration to cal-              shall be implemented by the Administration
                                                                                                       culate estimated energy cost savings using—            to—
                                                 SA 1499. Mr. BENNET (for himself                        (i) the energy efficiency report;                      (A) apply to any covered loan for the sale,
                                               and Mr. PORTMAN) submitted an                             (ii) an estimate of baseline average energy          or refinancing of any loan for the sale, of any
                                               amendment intended to be proposed to                    costs; and                                             home;




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                                               S1492                                             CONGRESSIONAL RECORD — SENATE                                                         March 4, 2020
                                                 (B) be available on any residential real              energy-saving improvements or features of a            ergy efficiency appraisal guidelines and en-
                                               property (including individual units of con-            property, such as—                                     hanced loan eligibility requirements;
                                               dominiums and cooperatives) that qualifies                ‘‘(A) labels or ratings of buildings;                  (2) includes the default rates and rates of
                                               for a covered loan; and                                   ‘‘(B) installed appliances, measures, sys-           foreclosures for each category of loans; and
                                                 (C) provide prospective mortgagees with               tems or technologies;                                    (3) describes the risk premium, if any, that
                                               sufficient guidance and applicable tools to               ‘‘(C) blueprints;                                    the Administration has priced into covered
                                               implement the required underwriting meth-                 ‘‘(D) construction costs;                            loans for which there was an energy effi-
                                               ods.                                                      ‘‘(E) financial or other incentives regard-          ciency report.
                                                 (c) ENHANCED ENERGY EFFICIENCY UNDER-                 ing energy-efficient components and systems              (e) RULEMAKING.—
                                               WRITING VALUATION GUIDELINES.—                          installed in a property;                                 (1) IN GENERAL.—The Secretary shall pre-
                                                 (1) IN GENERAL.—Not later than 1 year after             ‘‘(F) utility bills;                                 scribe regulations to carry out this section,
                                               the date of enactment of this Act, the Sec-               ‘‘(G)      energy       consumption       and        in consultation with the Secretary of Energy
                                               retary shall—                                           benchmarking data; and                                 and the advisory group established in para-
                                                 (A) in consultation with the Federal Fi-                ‘‘(H) third-party verifications or represen-         graph (3), which may contain such classifica-
                                               nancial Institutions Examination Council                tations of energy and water efficiency per-            tions, differentiations, or other provisions,
                                               and the advisory group established under                formance of a property, observing all finan-           and may provide for such proper implemen-
                                               subsection (e)(3), develop and issue guide-             cial privacy requirements adhered to by cer-           tation and appropriate treatment of different
                                               lines for the Administration to determine               tified and licensed appraisers, including sec-         types of transactions, as the Secretary deter-
                                               the maximum permitted loan amount based                 tion 501 of the Gramm-Leach-Bliley Act (15             mines are necessary or proper to effectuate
                                               on the value of the property for all covered            U.S.C. 6801).                                          the purposes of this section, to prevent cir-
                                               loans made on properties with an energy effi-           Unless a property owner consents to a lend-            cumvention or evasion thereof, or to facili-
                                               ciency report that meets the requirements of            er, an appraiser, in carrying out the require-         tate compliance therewith.
                                               subsection (b)(3)(B); and                               ments of paragraph (4), shall not have access            (2) RULE OF CONSTRUCTION.—Nothing in this
                                                 (B) in consultation with the Secretary of             to the commercial or financial information             section shall be construed to authorize the
                                               Energy, issue guidelines for the Administra-            of the owner that is privileged or confiden-           Secretary to require any homeowner or
                                               tion to determine the estimated energy sav-             tial.’’.                                               other party to provide energy efficiency re-
                                               ings under subsection (b) for properties with             (5) TRANSACTIONS REQUIRING STATE CER-                ports, energy efficiency labels, or other dis-
                                               an energy efficiency report.                            TIFIED APPRAISERS.—Section 1113 of the Fi-             closures to the Administration or to a mort-
                                                 (2) REQUIREMENTS.—The enhanced energy                 nancial Institutions Reform, Recovery, and             gagee.
                                               efficiency underwriting valuation guidelines            Enforcement Act of 1989 (12 U.S.C. 3342) is              (3) ADVISORY GROUP.—To assist in carrying
                                               required under paragraph (1) shall include—             amended—                                               out this section, the Secretary shall estab-
                                                 (A) a requirement that if an energy effi-               (A) in paragraph (1), by inserting before            lish an advisory group, consisting of individ-
                                               ciency report that meets the requirements of            the semicolon the following: ‘‘, or any real           uals representing the interests of—
                                               subsection (b)(3)(B) is voluntarily provided            property on which the appraiser makes ad-                (A) mortgage lenders;
                                               to the mortgagee, such report shall be used             justments using an energy efficiency re-                 (B) appraisers;
                                               by the mortgagee or the Administration to               port’’; and                                              (C) energy raters and residential energy
                                               determine the estimated energy savings of                 (B) in paragraph (2), by inserting after be-         consumption experts;
                                               the subject property; and                               fore the period at the end the following: ‘‘, or         (D) energy efficiency organizations;
                                                 (B) a requirement that the estimated en-              an appraisal on which the appraiser makes                (E) real estate agents;
                                               ergy savings of the subject property be added           adjustments using an energy efficiency re-               (F) home builders and remodelers;
                                               to the appraised value of the subject prop-             port’’.                                                  (G) consumer advocates;
                                               erty by a mortgagee or the Administration                 (6) PROTECTIONS.—                                      (H) State energy officials; and
                                               for the purpose of determining the loan-to-               (A) AUTHORITY TO IMPOSE LIMITATIONS.—                  (I) others as determined by the Secretary.
                                               value ratio of the subject property, unless             The guidelines to be issued under paragraph              (f) ADDITIONAL STUDY.—
                                               the appraisal includes the value of the over-           (1) shall include such limitations and condi-            (1) IN GENERAL.—Not later than 18 months
                                               all energy efficiency of the subject property,          tions as determined by the Secretary to be             after the date of enactment of this Act, the
                                               using methods to be established under the               necessary to protect against meaningful                Secretary shall reconvene the advisory group
                                               guidelines issued under paragraph (1).                  under or over valuation of energy cost sav-            established under subsection (e)(3), in addi-
                                                 (3) DETERMINATION OF ESTIMATED ENERGY                 ings or duplicative counting of energy effi-           tion to water and locational efficiency ex-
                                               SAVINGS.—                                               ciency features or energy cost savings in the          perts, to advise the Secretary on the imple-
                                                 (A) AMOUNT OF ENERGY SAVINGS.—The                     valuation of any subject property that is              mentation of the enhanced energy efficiency
                                               amount of estimated energy savings shall be             used to determine a loan amount.                       underwriting criteria established under sub-
                                               determined by calculating the difference be-              (B) ADDITIONAL AUTHORITY.—At the end of              sections (b) and (c).
                                               tween the estimated energy costs for the av-            the 7-year period following the implementa-              (2) RECOMMENDATIONS.—The advisory group
                                               erage comparable houses, as determined in               tion of enhanced eligibility and underwriting          established in subsection (e)(3) shall provide
                                               guidelines to be issued under paragraph (1),            valuation requirements under this sub-                 recommendations to the Secretary on any
                                               and the estimated energy costs for the sub-             section, the Secretary may modify or apply             revisions or additions to the enhanced en-
                                               ject property based upon the energy effi-               additional exceptions to the approach de-              ergy efficiency underwriting criteria deemed
                                               ciency report.                                          scribed in paragraph (2), where the Secretary          necessary by the group, which may include
                                                 (B) DURATION OF ENERGY SAVINGS.—The du-               finds that the unadjusted appraisal will re-           alternate methods to better account for
                                               ration of the estimated energy savings shall            flect an accurate market value of the effi-            home energy costs and additional factors to
                                               be based upon the estimated life of the appli-          ciency of the subject property or that a               account for substantial and regular costs of
                                               cable equipment, consistent with the rating             modified approach will better reflect an ac-           homeownership such as location-based trans-
                                               system used to produce the energy efficiency            curate market value.                                   portation costs and water costs. The Sec-
                                               report.                                                   (7) APPLICABILITY AND IMPLEMENTATION                 retary shall forward any legislative rec-
                                                 (C) PRESENT VALUE OF ENERGY SAVINGS.—                 DATE.—Not later than 3 years after the date            ommendations from the advisory group to
                                               The present value of the future savings shall           of enactment of this Act, and before Decem-            Congress for its consideration.
                                               be discounted using the average interest rate           ber 31, 2023, the Administration shall imple-
                                               on conventional 30-year mortgages, in the               ment the guidelines required under this sub-             SA 1500. Mrs. SHAHEEN submitted
                                               manner directed by guidelines issued under              section, which shall—                                  an amendment intended to be proposed
                                               paragraph (1).                                            (A) apply to any covered loan for the sale,          to amendment SA 1407 proposed by Ms.
                                                 (4) ENSURING CONSIDERATION OF ENERGY EF-              or refinancing of any loan for the sale, of any        MURKOWSKI to the bill S. 2657, to sup-
                                               FICIENT FEATURES.—Section 1110 of the Fi-               home; and
                                                                                                                                                              port innovation in advanced geo-
                                               nancial Institutions Reform, Recovery, and                (B) be available on any residential real
                                                                                                       property, including individual units of con-           thermal research and development, and
                                               Enforcement Act of 1989 (12 U.S.C. 3339) is
                                                                                                       dominiums and cooperatives, that qualifies             for other purposes; which was ordered
                                               amended—
                                                 (A) in paragraph (2), by striking ‘‘; and’’ at        for a covered loan.                                    to lie on the table; as follows:
                                               the end;                                                  (d) MONITORING.—Not later than 1 year                  At the appropriate place, insert the fol-
                                                                                                                                                              lowing:




SSpencer on DSKBBXCHB2PROD with SENATE
                                                 (B) in paragraph (3), by striking the period          after the date on which the enhanced eligi-
                                               at the end and inserting ‘‘; and’’; and                 bility and underwriting valuation require-             SEC. ll. SMALL BUSINESS ENERGY EFFICIENCY.
                                                 (C) by inserting after paragraph (3) the fol-         ments are implemented under this sub-                    (a) FINDINGS.—Congress finds the fol-
                                               lowing:                                                 section, and every year thereafter, the Ad-            lowing:
                                                 ‘‘(4) that State certified and licensed ap-           ministration shall issue and make available              (1) According to the Small Business Ad-
                                               praisers have timely access, whenever prac-             to the public a report that—                           ministration, small businesses account for
                                               ticable, to information from the property                 (1) enumerates the number of covered loans           99.7 percent of United States employer firms
                                               owner and the lender that may be relevant in            of the Administration for which there was an           and employ approximately half of all pri-
                                               developing an opinion of value regarding the            energy efficiency report, and that used en-            vate-sector employees in the United States.




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                                               March 4, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1493
                                                 (2) A 2012 report from the National Federa-             (c) CERTIFIED DEVELOPMENT COMPANY AND                  (F) Federal agency action can encourage
                                               tion of Independent Businesses found that               LOAN UNDERWRITING REFORM.—                             on-bill financing programs and maximize
                                               energy costs are—                                         (1) INCREASED LOAN AMOUNTS UNDER THE 504/            their impact on the small business sector.
                                                 (A) the third most serious problem for                CDC PROGRAM.—Section 502(2) of the Small                 (2) REQUIREMENT.—The Administrator shall
                                               small business owners; and                              Business Investment Act of 1958 (15 U.S.C.             carry out efforts to advance the availability
                                                 (B) one of the top 3 business expenses in 35          696(2)) is amended by adding at the end the            and utilization of utility-based financing
                                               percent of small businesses;                            following:                                             programs for energy efficiency improve-
                                                 (3) Investments in energy efficiency en-                ‘‘(C) LOANS FOR ENERGY EFFICIENCY SAV-               ments among small business entities.
                                               hance energy savings and improve the com-               INGS.—                                                   (3) CREATION OF A STAKEHOLDER WORKING
                                               petitiveness, profitability, production, prod-            ‘‘(i) IN GENERAL.—The Administration may             GROUP.—
                                               uct quality, and environmental sustain-                 make loans under this section to a borrower              (A) IN GENERAL.—In carrying out the ef-
                                               ability of United States businesses and man-            in an amount greater than the maximum                  forts under paragraph (2), and not later than
                                               ufacturers;                                             amount under subparagraph (A)(i) if the loan           180 days after the date of enactment of this
                                                 (4) According to the Department of Energy,            proceeds are directed toward a project that            Act, the Administrator shall convene a
                                               small buildings—                                        results in energy savings for a small business         working group (in this paragraph referred to
                                                 (A) are predominantly occupied by small               concern as a result of the installation or im-         as the ‘‘Group’’) to address barriers that
                                               business entities;                                      plementation of energy efficiency improve-             limit energy efficiency improvements among
                                                 (B) consume 44 percent of the overall en-             ments.                                                 small business concerns.
                                               ergy use in buildings in the United States;               ‘‘(ii) AMOUNT.—The Administration may                  (B) PURPOSE.—The purpose of the Group is
                                               and                                                     increase the maximum amount under sub-                 to provide guidance on how to—
                                                 (C) present an estimated potential energy             paragraph (A)(i) for a small business concern            (i) address the market barriers for small
                                               savings equal to 1,070,000,000,000,000 Btu of           by not more than the amount equal to the               business concerns described in subsection
                                               energy savings or $30,000,000,000 in cost sav-          anticipated increased income or resources              (a)(5) and the challenges to utilities listed in
                                               ings per year.                                          due to energy savings from the project.’’.             paragraph (1)(D) that limit widespread adop-
                                                 (5) Market barriers exist to the widespread             (2) GUIDANCE FOR LOAN UNDERWRITING.—Not              tion of on-bill financing programs;
                                               adoption of energy efficiency technologies              later than 180 days after the date of enact-             (ii) develop Federal incentives or other
                                               and practices among small businesses, in-               ment of this Act, the Administrator shall              mechanisms that encourage utility-based fi-
                                               cluding a lack of—                                      issue guidance requiring covered lenders to            nancing programs that target small business
                                                 (A) expertise about energy and the oppor-             incorporate energy efficiency considerations           concerns; and
                                               tunities to reduce costs through energy effi-           and life-cycle cost savings into the under-              (iii) encourage coordination between lend-
                                               ciency measures;                                        writing process for loans provided under title         ers and utilities regarding existing incentive
                                                 (B) internal capacity to develop and imple-           V of the Small Business Investment Act of              programs for small business concerns and po-
                                               ment energy efficiency projects; and                    1958 (15 U.S.C. 695 et seq.) and section 7(a) of       tential sources of energy efficiency financ-
                                                 (C) capital or access to incentives and af-           the Small Business Act (15 U.S.C. 636(a)).             ing.
                                                                                                         (3) EXISTING FEDERAL PROGRAMS.—Nothing                 (C) MEMBERSHIP.—
                                               fordable financing for energy retrofits.
                                                                                                       in this subsection or the amendments made                (i) IN GENERAL.—The Group shall be com-
                                                 (6) Addressing the barriers described in
                                                                                                       by this subsection shall be construed to re-           posed of representatives of all groups deter-
                                               paragraph (5) is in the interest of the United
                                                                                                       strict or otherwise affect efforts of the Fed-         mined by the Administrator to have a mate-
                                               States.
                                                                                                       eral Government in existence on the day be-            rial interest in the development and imple-
                                                 (7) The United States would benefit from a
                                                                                                       fore the date of enactment of this Act that            mentation of on-bill financing programs that
                                               concerted and focused effort to advance the
                                                                                                       would expand financing opportunities for               target small business concerns.
                                               adoption of energy efficiency technologies
                                                                                                       small business concerns.                                 (ii) CRITERIA.—The Administrator shall se-
                                               and practices among small businesses, which               (d) WORKING GROUP AND UTILITY-LENDER                 lect members of the Group—
                                               will facilitate greater economic growth in              FINANCING INCENTIVE PILOT PROGRAM.—                      (I) from among representatives that apply
                                               this sector.                                              (1) FINDINGS.—Congress finds the following:          as a result of a public announcement from
                                                 (b) DEFINITIONS.—In this section—                       (A) Small businesses account for more                the Administrator; and
                                                 (1) the terms ‘‘Administration’’ and ‘‘Ad-            than 90 percent of utility commercial cus-               (II) based on qualifications and balance of
                                               ministrator’’ mean the Small Business Ad-               tomers and nearly half of all commercial               interests represented by the selected individ-
                                               ministration and the Administrator thereof;             electricity usage.                                     uals.
                                                 (2) the term ‘‘covered lender’’ means—                  (B) According to the National Small Busi-              (D) DUTIES.—The Group shall provide rec-
                                                 (A) a development company (as defined in              ness Association, small businesses, particu-           ommendations to the Administrator for ac-
                                               section 103 of the Small Business Investment            larly those with fewer than 35 employees in            tions that should be taken to carry out the
                                               Act of 1958 (15 U.S.C. 662)) that is eligible to        the manufacturing sector, pay 35 percent               efforts under paragraph (2).
                                               participate in the program established under            more per unit for their electricity than com-            (E) REPORT.—Not later than 2 years after
                                               title V of such Act (15 U.S.C. 695 et seq.); and        parable larger firms.                                  the date of enactment of this Act, the Ad-
                                                 (B) a lender under section 7(a) of the Small            (C) Utility-administered energy efficiency           ministrator shall prepare and submit to Con-
                                               Business Act (15 U.S.C. 636(a));                        programs, including on-bill financing—                 gress a publicly available report based on the
                                                 (3) the term ‘‘energy efficiency’’ means a              (i) reduce or eliminate the first costs for          recommendations of the Group under sub-
                                               decrease in consumption of energy (including            energy efficiency improvements;                        paragraph (D).
                                               electricity and thermal energy) that pro-                 (ii) leverage existing billing relationships           (F) AUTHORIZATION OF APPROPRIATIONS.—
                                               duces significant energy savings and is                 between consumers and utilities;                       There are authorized to be appropriated such
                                               achieved without reducing the quality of en-              (iii) can be tied to a property so that en-          sums as may be necessary to carry out this
                                               ergy services through—                                  ergy savings are transferred to multiple own-          subsection, but not more than $2,000,000 in
                                                 (A) a measure or program that targets cus-            ers or tenants;                                        any 1 fiscal year.
                                               tomer behavior;                                           (iv) incur low default rates ranging from 0            (4) PILOT PROGRAM.—
                                                 (B) appliances, equipment, or energy sys-             to 3 percent; and                                        (A) IN GENERAL.—Based on the findings in
                                               tems;                                                     (v) have been implemented in 23 States.              the report submitted under paragraph (3)(E)
                                                 (C) fixtures; or                                        (D) Utilities have encountered challenges            and not later than 3 years after the date of
                                                 (D) other devices;                                    to the widespread adoption of on-bill financ-          enactment of this Act, the Administrator
                                                 (4) the term ‘‘energy efficiency improve-             ing programs among small businesses, in-               shall establish a pilot program to encourage
                                               ment’’ means any project or activity the pri-           cluding—                                               the availability and utilization of on-bill fi-
                                               mary purpose of which is increasing energy                (i) modification of utility billing systems          nancing for small business concerns.
                                               efficiency;                                             in order to provide on-bill financing options            (B) ELIGIBLE ENTITIES.—Any individual en-
                                                 (5) the term ‘‘energy savings’’ means a re-           to customers;                                          tity or group of entities may submit to the
                                               duction in net energy costs (including elec-              (ii) desire among utilities to act as a finan-       Administrator proposals for demonstration
                                               tricity and thermal energy), fuel costs, water          cial institution;                                      projects to be carried out under the pilot
                                               costs, other utility costs, or related net oper-          (iii) insufficient human resources to navi-          program established under subparagraph (A),
                                               ating costs from or as compared to an estab-            gate or comply with Federal and State regu-            including—
                                               lished baseline of those costs;                         latory reporting requirements involved with              (i) State and local agencies;




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                                                 (6) the term ‘‘on-bill financing’’ means a fi-        the implementation of on-bill financing pro-             (ii) electric and gas utilities;
                                               nancial product that is serviced by, or in              grams; and                                               (iii) electric cooperatives;
                                               partnership with, a utility company for en-               (iv) risk of non-payment and challenges as-            (iv) municipal utilities; or
                                               ergy efficiency improvements in a building,             sociated with non-payment penalties for cus-             (v) covered lenders.
                                               and repaid by the building owner or tenant              tomers.                                                  (C) APPLICATION.—
                                               on his or her monthly utility bill; and                   (E) Because of the challenges for utilities            (i) IN GENERAL.—An eligible entity de-
                                                 (7) the term ‘‘small business concern’’ has           described in subparagraph (D), participation           scribed in subparagraph (B) that desires to
                                               the meaning given the term in section 3 of              rates for on-bill financing programs among             participate in the pilot program established
                                               the Small Business Act (15 U.S.C. 632).                 small businesses are generally low.                    under subparagraph (A) shall submit to the




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                                               S1494                                             CONGRESSIONAL RECORD — SENATE                                                          March 4, 2020
                                               Administrator an application at such time,                (2) SMALL BUSINESS ENERGY BEST PRACTICES               ‘‘(4) assess and monitor potential changes
                                               in such manner, and containing such infor-              PROGRAM.—The Administrator shall require               in lifecycle greenhouse gas emissions that
                                               mation as the Administrator may require.                each regional office of the Administration             may result from the use of technologies de-
                                                 (ii) CRITERIA.—The Administrator shall                to—                                                    veloped under the program.’’.
                                               evaluate an application submitted under                   (A) compile comprehensive clearinghouses               (b) TECHNICAL AMENDMENT.—The table of
                                               clause (i) on the basis of merit using criteria         of energy efficiency resources for small busi-         contents for the Energy Policy Act of 2005
                                               identified by the Administrator, including—             ness concerns; and                                     (Public Law 109–58; 119 Stat. 600) (as amended
                                                 (I) demonstrated support from lenders that              (B) disseminate those clearinghouses, in             by section 1405(b)) is amended by adding at
                                               offer financing to small business concerns in           the applicable geographic region, to—                  the end of the items relating to subtitle F of
                                               the State or region;                                      (i) mentors and coaches of the Service               title IX the following:
                                                 (II) demonstrated support from utilities,             Corps of Retired Executives authorized under           ‘‘Sec. 969B. Waste gas utilization.’’.
                                               electric cooperatives, or municipal utilities           section 8(b)(1)(B) of the Small Business Act
                                               in the State or region; and                             (15 U.S.C. 637(b)(1)(B));                                SA 1502. Mr. BRAUN (for himself and
                                                 (III) availability of existing financing pro-           (ii) small business concerns; and                    Mr. YOUNG) submitted an amendment
                                               grams for small business concerns and util-               (iii) covered lenders.                               intended to be proposed to amendment
                                               ity incentive programs in the State or re-                (3) LOAN PERFORMANCE DATA TO ENCOURAGE               SA 1407 proposed by Ms. MURKOWSKI to
                                               gion.                                                   ENERGY      EFFICIENCY    OPPORTUNITIES.—Not
                                                                                                                                                              the bill S. 2657, to support innovation
                                                 (D) BEST PRACTICES.—In carrying out the               later than 1 year after the date of enactment
                                               pilot program established under subpara-                of this Act, the Administrator shall submit            in advanced geothermal research and
                                               graph (A), the Administrator shall establish            to Congress a report on establishing a frame-          development, and for other purposes;
                                               best practices for the establishment and                work for standardizing and aggregating for             which was ordered to lie on the table;
                                               maintenance of relationships between lend-              securitization and data collection loan per-           as follows:
                                               ers and utility companies to expand access              formance information that may be used by                 Beginning on page 274, strike line 23 and
                                               to financing for energy efficiency measures.            lenders to increase or expand energy effi-             all that follows through page 275, line 8, and
                                                 (E) REPORT.—Not later than 1 year after               ciency financing opportunities from small              insert the following:
                                               the date on which the pilot program is estab-           business concerns.                                       ‘‘(2) HYDROGEN CONVERSION PROGRAM.—Not
                                               lished under subparagraph (A), and each year              (f) ENERGY EFFICIENCY AWARDS.—                       later than 180 days after the date of enact-
                                               thereafter for 4 years, the Administrator                 (1)     ENERGY     EFFICIENCY    LEADERSHIP          ment of this section, the Secretary shall es-
                                               shall submit to Congress a report on the effi-          AWARD.—The Administrator shall establish               tablish a demonstration program for the pur-
                                               cacy of the pilot program in establishing               an award entitled the ‘‘Small Business                 pose of partnering with private institutions
                                               connections between utility companies that              Award for Energy Efficiency Leadership’’,              to accelerate the commercial deployment of
                                               offer energy efficiency incentives to small             which shall be awarded annually to a small             technology to convert solids with high car-
                                               business concerns and lenders that offer fi-            business concern that makes extraordinary              bon content, including coal or petroleum
                                               nancing to small business concerns.                     efforts or significant investments in energy           coke, to hydrogen and hydrogen products.
                                                 (F) TERMINATION.—The pilot program es-                efficiency.                                              ‘‘(3) COST SHARING.—Activities under para-
                                               tablished under subparagraph (A) shall ter-               (2) CROSS-ENDORSEMENT OF ENERGY EFFI-                graphs (1) and (2) shall be subject to the cost-
                                               minate on the date that is 5 years after the            CIENCY AWARDS.—The Administrator, in con-              sharing requirements of section 988.
                                               date on which the Administrator establishes             sultation with the Secretary of Energy and               ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
                                               the pilot program.                                      the Administrator of the Environmental                   ‘‘(1) IN GENERAL.—There are authorized to
                                                 (G) AUTHORIZATION OF APPROPRIATIONS.—                 Protection Agency, shall establish a small             be appropriated to the Secretary to carry
                                               There are authorized to be appropriated such            business-focused version of existing recogni-          out this section (other than subsection
                                               sums as may be necessary to carry out this              tion programs at the Department of Energy              (b)(2))—
                                               subsection, but not more than $5,000,000 in             and the Environmental Protection Agency,                 ‘‘(A) $29,000,000 for fiscal year 2021;
                                               any 1 fiscal year.                                      to identify, acknowledge, and better encour-             ‘‘(B) $30,250,000 for fiscal year 2022;
                                                 (5) COORDINATION WITH STATE PROGRAMS.—                age energy efficiency among small business               ‘‘(C) $31,562,500 for fiscal year 2023;
                                               In establishing and implementing this sub-              concerns.                                                ‘‘(D) $32,940,625 for fiscal year 2024; and
                                               section, the Administrator shall, to the max-                                                                    ‘‘(E) $34,387,656 for fiscal year 2025.
                                               imum extent practicable, preserve the integ-              SA 1501. Mr. YOUNG (for himself and                    ‘‘(2) HYDROGEN CONVERSION PROGRAM.—
                                               rity and incorporate best practices of State            Mr. BRAUN) submitted an amendment                      There are authorized to be appropriated to
                                               on-bill financing programs in existence on              intended to be proposed to amendment                   the Secretary to carry out subsection (b)(2)—
                                               the day before the date of enactment of this            SA 1407 proposed by Ms. MURKOWSKI to                     ‘‘(A) $105,400,000 for fiscal year 2021;
                                               Act.                                                    the bill S. 2657, to support innovation                  ‘‘(B) $50,650,000 for fiscal year 2022; and
                                                 (e) MENTORING AND BEST PRACTICE PRO-                                                                           ‘‘(C) $55,125,000 for fiscal year 2023.’’.
                                                                                                       in advanced geothermal research and
                                               GRAMS.—
                                                                                                       development, and for other purposes;                     SA 1503. Mr. BRAUN submitted an
                                                 (1) ENERGY MANAGEMENT MENTORING PRO-
                                               GRAM.—Section 8 of the Small Business Act
                                                                                                       which was ordered to lie on the table;                 amendment intended to be proposed to
                                               (15 U.S.C. 637) is amended by striking sub-             as follows:                                            amendment SA 1407 proposed by Ms.
                                               section (c) and inserting the following:                  At the end of subtitle D of title I, add the         MURKOWSKI to the bill S. 2657, to sup-
                                                 ‘‘(c) ENERGY EFFICIENCY MANAGEMENT AND                following:                                             port innovation in advanced geo-
                                               FINANCING IN SCORE PROGRAM.—                            SEC. 14lll. WASTE GAS UTILIZATION.
                                                                                                                                                              thermal research and development, and
                                                 ‘‘(1) DEFINITION.—In this subsection, the               (a) IN GENERAL.—Subtitle F of title IX of
                                                                                                                                                              for other purposes; which was ordered
                                               term ‘SCORE program’ means the Service                  the Energy Policy Act of 2005 (42 U.S.C. 16291
                                               Corps of Retired Executives authorized under            et seq.) (as amended by section 1405(a)) is            to lie on the table; as follows:
                                               subsection (b)(1)(B).                                   amended by adding at the end the following:              At the end, add the following:
                                                 ‘‘(2) VOLUNTEERS.—Under the SCORE pro-                ‘‘SEC. 969B. WASTE GAS UTILIZATION.                            TITLE IV—MISCELLANEOUS
                                               gram, the Administrator shall recruit volun-               ‘‘(a) IN GENERAL.—The Secretary      shall          SEC. 4001. BUREAU OF LAND MANAGEMENT LAND
                                               teers with expertise in energy management,              carry out a program of research, develop-                           ACQUISITION DATA.
                                               to be known as ‘energy coaches’, who shall              ment, and demonstration for waste gas utili-             The Secretary of the Interior (acting
                                               work on-site directly with small business               zation.                                                through the Director of the Bureau of Land
                                               concerns to provide assistance relating to                ‘‘(b) COMPONENTS.—In carrying out the pro-           Management) shall—
                                               energy efficiency and energy management                 gram under subsection (a), the Secretary                 (1) collect centralized data on land ac-
                                               for a specified period of time.                         shall—                                                 quired for administration by the Bureau of
                                                 ‘‘(3) CLEARINGHOUSES OF ENERGY EFFICIENCY               ‘‘(1) identify and evaluate new uses for             Land Management using amounts from the
                                               INCENTIVES AND FINANCING RESOURCES.—The                 light hydrocarbons, such as methane, eth-              Land and Water Conservation Fund estab-
                                               Administrator shall—                                    ane, propane, butane, pentane, and hexane,             lished under section 200302 of title 54, United
                                                 ‘‘(A) compile clearinghouses of grant, re-            produced during oil and shale gas produc-              States Code, including data on—
                                               bate, and financing programs, with an em-               tion, including the production of chemicals              (A) the method used for the acquisition;
                                               phasis on programs that use utility on-bill             or transportation fuels;                               and




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                                               financing and recovery and other energy effi-             ‘‘(2) develop advanced gas conversion tech-            (B) the type of interest acquired;
                                               ciency incentives, offered by States, quasi-            nologies that—                                           (2) not later than 1 year after the date of
                                               State entities, local governments, and util-              ‘‘(A) are modular and compact; and                   enactment of this Act, and annually there-
                                               ity companies; and                                        ‘‘(B) may leverage advanced manufac-                 after, submit to Congress a report describing
                                                 ‘‘(B) train energy coaches described in               turing technologies;                                   the information collected under paragraph
                                               paragraph (2) to match small business con-                ‘‘(3) support demonstration activities at            (1); and
                                               cerns with the programs described in sub-               operating oil and gas facilities to test the             (3) develop guidance to ensure that land ac-
                                               paragraph (A) and provide advice in applying            performance and cost-effectiveness of new              quisition data collected under paragraph (1)
                                               for assistance from those programs.’’.                  gas conversion technologies; and                       is entered correctly and properly coded in




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                                               March 4, 2020                                        CONGRESSIONAL RECORD — SENATE                                                                      S1495
                                               the data system of the Bureau of Land Man-                 products and equipment in the United                    stitutes an importation within the meaning
                                               agement.                                                   States;                                                 of the customs laws of the United States.
                                                                                                             (D) the new markets for fluorinated prod-               (7) PRODUCE.—
                                                 SA 1504. Mr. KENNEDY (for himself,                       ucts and equipment created by this section                 (A) IN GENERAL.—The term ‘‘produce’’
                                               Mr. CARPER, Mr. CASSIDY, Mr. COONS,                        are expected to increase the share of the               means the manufacture of a regulated sub-
                                               Ms. COLLINS, Mr. WHITEHOUSE, Mr.                           United States of the global fluorocarbon                stance from a raw material or feedstock
                                               YOUNG, Mrs. FEINSTEIN, Mr. MORAN,                          product and equipment market by 25 percent              chemical (but not including the destruction
                                               Mr. SCHATZ, Mr. GRAHAM, Mr. BOOKER,                        (to 9 percent from 7.2 percent); and                    of a regulated substance by a technology ap-
                                               Ms. ERNST, Mr. MERKLEY, Mr. COTTON,                           (E) this section incentivizes the invest-            proved by the Administrator).
                                                                                                          ment of approximately $5,000,000,000 in the                (B) EXCLUSIONS.—The term ‘‘produce’’ does
                                               Mr. VAN HOLLEN, Mr. GRASSLEY, Mr.
                                                                                                          United States through fiscal year 2025 to ex-           not include—
                                               MARKEY, Mr. BOOZMAN, Mr. JONES, Mr.                        ploit the new markets for fluorinated prod-                (i) the manufacture of a regulated sub-
                                               BLUNT, Mr. BLUMENTHAL, Mr. PERDUE,                         ucts and equipment created by this section.             stance that is used and entirely consumed
                                               Mr. HEINRICH, Mrs. HYDE-SMITH, Mr.                            (2) SENSE OF CONGRESS.—It is the sense of            (except for trace quantities) in the manufac-
                                               CARDIN, Mr. BURR, Mr. MURPHY, and                          Congress that the Administrator should pro-             ture of another chemical; or
                                               Mr. KING) submitted an amendment in-                       vide for a safe hydrofluorocarbon transition               (ii) the reuse or recycling of a regulated
                                               tended to be proposed to amendment                         by ensuring that heating, ventilation, air              substance.
                                               SA 1407 proposed by Ms. MURKOWSKI to                       conditioning, and refrigeration practitioners              (8) PRODUCTION BASELINE.—The term ‘‘pro-
                                               the bill S. 2657, to support innovation                    are positioned to comply with safe servicing,           duction baseline’’ means the baseline estab-
                                               in advanced geothermal research and                        repair, disposal, or installation procedures.           lished for the production of regulated sub-
                                                                                                             (b) DEFINITIONS.—In this section:                    stances under subsection (e)(1)(B).
                                               development, and for other purposes;
                                                                                                             (1) ADMINISTRATOR.—The term ‘‘Adminis-                  (9) RECLAIM.—The term ‘‘reclaim’’ means—
                                               which was ordered to lie on the table;                     trator’’ means the Administrator of the En-
                                               as follows:                                                                                                           (A) the reprocessing of a recovered regu-
                                                                                                          vironmental Protection Agency.                          lated substance to at least the purity de-
                                                 At the appropriate place, insert the fol-                   (2) ALLOWANCE.—The term ‘‘allowance’’                scribed in standard 700–2016 of the Air-Condi-
                                               lowing:                                                    means a limited authorization for the pro-              tioning, Heating, and Refrigeration Institute
                                               SEC. lll. AMERICAN INNOVATION AND MANU-                    duction or consumption of a regulated sub-              (or an appropriate successor standard adopt-
                                                           FACTURING.                                     stance established under subsection (e).                ed by the Administrator); and
                                                 (a) FINDINGS; SENSE OF CONGRESS.—                           (3) CONSUMPTION.—The term ‘‘consump-                    (B) the verification of the purity of that
                                                 (1) FINDINGS.—Congress finds that—                       tion’’, with respect to a regulated substance,          regulated substance using, at a minimum,
                                                 (A) industries in the United States that                 means a quantity equal to the difference be-            the analytical methodology described in the
                                               use and produce fluorocarbons—                             tween—                                                  standard referred to in subparagraph (A).
                                                 (i) contribute more than $158,000,000,000 an-               (A) a quantity equal to the sum of—                     (10) RECOVER.—The term ‘‘recover’’ means
                                               nually in goods and services to the economy                   (i) the quantity of that regulated sub-              the process by which a regulated substance
                                               of the United States; and                                  stance produced in the United States; and               is—
                                                 (ii) provide employment to more than                        (ii) the quantity of the regulated substance            (A) removed, in any condition, from equip-
                                               700,000 individuals, with an industry-wide                 imported into the United States; and                    ment; and
                                               payroll of more than $32,000,000,000;                         (B) the quantity of the regulated substance
                                                                                                                                                                     (B) stored in an external container, with or
                                                 (B) the support and promotion of the tech-               exported from the United States.
                                                                                                                                                                  without testing or processing the regulated
                                               nological leadership of the United States in                  (4) CONSUMPTION BASELINE.—The term
                                                                                                                                                                  substance.
                                               fluorocarbon production and related prod-                  ‘‘consumption baseline’’ means the baseline
                                                                                                                                                                     (11) REGULATED SUBSTANCE.—The term
                                               ucts, equipment, and other uses provided by                established for the consumption of regulated
                                                                                                                                                                  ‘‘regulated substance’’ means—
                                               this section is expected—                                  substances under subsection (e)(1)(C).
                                                                                                                                                                     (A) a substance listed in the table con-
                                                 (i) to create approximately 33,000 new man-                 (5) EXCHANGE VALUE.—The term ‘‘exchange
                                                                                                                                                                  tained in subsection (c)(1); and
                                               ufacturing jobs in the United States; and                  value’’ means the value assigned to a regu-
                                                                                                                                                                     (B) a substance included as a regulated
                                                 (ii) to add approximately $12,500,000,000 per            lated substance in accordance with sub-
                                                                                                                                                                  substance by the Administrator under sub-
                                               year to the economy of the United States;                  sections (c) and (e), as applicable.
                                                                                                                                                                  section (c)(3).
                                                 (C) supporting and promoting the techno-                    (6) IMPORT.—The term ‘‘import’’ means to
                                               logical leadership of the United States in flu-            land on, bring into, or introduce into, or at-            (c) LISTING OF REGULATED SUBSTANCES.—
                                               orocarbon production and related products,                 tempt to land on, bring into, or introduce                (1) LIST OF REGULATED SUBSTANCES.—Each
                                               equipment, and other uses also creates a sig-              into, any place subject to the jurisdiction of          of the following substances, and any isomers
                                               nificant new export advantage for manufac-                 the United States, regardless of whether that           of such a substance, shall be a regulated sub-
                                               turers of fluorinated compounds and related                landing, bringing, or introduction con-                 stance:

                                                                                                                                                                                                        Exchange
                                                                                          Chemical Name                                                              Common Name                          Value

                                                CHF2CHF2                                                                                          HFC–134                                                   1100

                                                CH2FCF3                                                                                           HFC–134a                                                  1430

                                                CH2FCHF2                                                                                          HFC–143                                                    353

                                                CHF2CH2CF3                                                                                        HFC–245fa                                                 1030

                                                CF3CH2CF2CH3                                                                                      HFC–365mfc                                                 794

                                                CF3CHFCF3                                                                                         HFC–227ea                                                 3220

                                                CH2FCF2CF3                                                                                        HFC–236cb                                                 1340

                                                CHF2CHFCF3                                                                                        HFC–236ea                                                 1370

                                                CF3CH2CF3                                                                                         HFC–236fa                                                 9810

                                                CH2FCF2CHF2                                                                                       HFC–245ca                                                  693

                                                CF3CHFCHFCF2CF3                                                                                   HFC–43–10mee                                              1640




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                                                CH2F2                                                                                             HFC–32                                                     675

                                                CHF2CF3                                                                                           HFC–125                                                   3500

                                                CH3CF3                                                                                            HFC–143a                                                  4470

                                                CH3F                                                                                              HFC–41                                                      92




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                                               S1496                                              CONGRESSIONAL RECORD — SENATE                                                           March 4, 2020
                                                                                                                                                                                                      Exchange
                                                                                        Chemical Name                                                              Common Name                          Value

                                                CH2FCH2F                                                                                        HFC–152                                                     53

                                                CH3CHF2                                                                                         HFC–152a                                                   124

                                                CHF3                                                                                            HFC–23                                                   14800.


                                                 (2) REVIEW.—The Administrator may—                     regulated substance shall submit to the Ad-               (i) a production baseline for the production
                                                 (A) review the exchange values listed in               ministrator a report that describes, as appli-          of all regulated substances in the United
                                               the table contained in paragraph (1) on a                cable, the quantity of the regulated sub-               States, as described in subpagraph (B)); and
                                               periodic basis; and                                      stance that the person—                                   (ii) a consumption baseline for the con-
                                                 (B) subject to notice and opportunity for                (i) produced, imported, and exported;                 sumption of all regulated substances in the
                                               public comment, adjust the exchange values                 (ii) reclaimed;                                       United States, as described in subparagraph
                                               solely on the basis of—                                    (iii) destroyed by a technology approved by           (C).
                                                 (i) publicly available, peer-reviewed sci-             the Administrator;                                        (B) PRODUCTION BASELINE DESCRIBED.—The
                                               entific data; and                                          (iv) used and entirely consumed (except for           production baseline referred to in subpara-
                                                 (ii) other information consistent with                 trace quantities) in the manufacture of an-
                                               widely used or commonly accepted existing                                                                        graph (A)(i) is the quantity equal to the sum
                                                                                                        other chemical; or
                                               exchange values.                                                                                                 of—
                                                                                                          (v) used as a process agent.
                                                 (3) OTHER REGULATED SUBSTANCES.—                                                                                 (i) the average annual quantity of all regu-
                                                                                                          (B) REQUIREMENTS.—
                                                 (A) IN GENERAL.—Subject to notice and op-                (i) SIGNED AND ATTESTED.—The report                   lated substances produced in the United
                                               portunity for public comment, the Adminis-               under subparagraph (A) shall be signed and              States during the period—
                                               trator may designate a substance not in-                 attested by a responsible officer (within the             (I) beginning on January 1, 2011; and
                                               cluded in the table contained in paragraph               meaning of the Clean Air Act (42 U.S.C. 7401              (II) ending on December 31, 2013; and
                                               (1) as a regulated substance if—                         et seq.)).                                                (ii) the quantity equal to the sum of—
                                                 (i) the substance—                                       (ii) NO FURTHER REPORTS REQUIRED.—A re-                 (I) 15 percent of the production level of
                                                 (I) is a chemical substance that is a satu-            port under subparagraph (A) shall not be re-            hydrochlorofluorocarbons in calendar year
                                               rated hydrofluorocarbon; and                             quired from a person if the person—                     1989; and
                                                 (II) has an exchange value, as determined                (I) permanently ceases production, impor-               (II) 0.42 percent of the production level of
                                               by the Administrator in accordance with the              tation, exportation, destruction, trans-                chlorofluorocarbons in calendar year 1989.
                                               basis described in paragraph (2)(B), of great-           formation, use as a process agent, or rec-                (C) CONSUMPTION BASELINE DESCRIBED.—The
                                               er than 53; and                                          lamation of all regulated substances; and               consumption baseline referred to in subpara-
                                                 (ii) the designation of the substance as a               (II) notifies the Administrator in writing            graph (A)(ii) is the quantity equal to the sum
                                               regulated substance would be consistent                  that the requirement under subclause (I) has
                                               with the purposes of this section.                                                                               of—
                                                                                                        been met.                                                 (i) the average annual quantity of all regu-
                                                 (B) SAVINGS PROVISION.—Nothing in this                   (iii) BASELINE PERIOD.—Each report under
                                               paragraph authorizes the Administrator to                                                                        lated substances consumed in the United
                                                                                                        subparagraph (A) shall include, as applica-             States during the period—
                                               designate as a regulated substance a blend of            ble, the information described in that sub-
                                               substances that includes a saturated                                                                               (I) beginning on January 1, 2011; and
                                                                                                        paragraph for the baseline period of calendar
                                               hydrofluorocarbon for purposes of phasing                                                                          (II) ending on December 31, 2013; and
                                                                                                        years 2011 through 2013.
                                               down production or consumption of regu-                                                                            (ii) the quantity equal to the sum of—
                                                                                                          (2) COORDINATION.—The Administrator may
                                               lated substances under subsection (e), even if           allow any person subject to the requirements              (I) 15 percent of the consumption level of
                                               the saturated hydrofluorocarbon is, or may               of paragraph (1)(A) to combine and include              hydrochlorofluorocarbons in calendar year
                                               be, designated as a regulated substance.                                                                         1989; and
                                                                                                        the information required to be reported
                                                 (d) MONITORING AND REPORTING REQUIRE-                                                                            (II) 0.42 percent of the consumption level of
                                               MENTS.—
                                                                                                        under that paragraph with any other related
                                                                                                        information that the person is required to              chlorofluorocarbons in calendar year 1989.
                                                 (1) PRODUCTION, IMPORT, AND EXPORT LEVEL
                                                                                                        report to the Administrator.                              (D) EXCHANGE VALUES.—
                                               REPORTS.—
                                                                                                          (e) PHASE-DOWN OF PRODUCTION AND CON-                   (i) IN GENERAL.—For purposes of subpara-
                                                 (A) IN GENERAL.—On a periodic basis, to be
                                               determined by the Administrator, but not                 SUMPTION OF REGULATED SUBSTANCES.—
                                                                                                                                                                graphs (B) and (C), the Administrator shall
                                               less frequently than annually, each person                 (1) BASELINES.—                                       use the following exchange values for
                                               who, within the applicable reporting period,               (A) IN GENERAL.—Subject to subparagraph               hydrochlorofluorocarbons                   and
                                               produces, imports, exports, destroys, trans-             (D), the Administrator shall establish for the          chlorofluorocarbons:
                                               forms, uses as a process agent, or reclaims a            phase-down of regulated substances—

                                                                                                                               Table 2

                                                                                                                                                                                                      Exchange
                                                                                        Chemical Name                                                              Common Name                          Value

                                                CHFC12                                                                                                                  HCFC–21                             151

                                                CHF2C1                                                                                                                  HCFC–22                            1810

                                                C2HF3C12                                                                                                               HCFC–123                              77

                                                C2HF4C1                                                                                                                HCFC–124                             609

                                                CH3CFC12                                                                                                               HCFC–141b                            725

                                                CH3CF2C1                                                                                                               HCFC–142b                           2310

                                                CF3CF2CHC12                                                                                                            HCFC–225ca                           122

                                                CF2C1CF2CHC1F                                                                                                          HCFC–225cb                           595




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                                                                                                                               Table 3

                                                                                                                                                                                                      Exchange
                                                                                        Chemical Name                                                              Common Name                          Value

                                                CFC13                                                                                           CFC–11                                                     4750

                                                CF2C12                                                                                          CFC–12                                                    10900




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                                               March 4, 2020                                       CONGRESSIONAL RECORD — SENATE                                                                                 S1497
                                                                                                                                Table 3

                                                                                                                                                                                                                  Exchange
                                                                                       Chemical Name                                                                      Common Name                               Value

                                                C2F3C13                                                                                          CFC–113                                                                  6130

                                                C2F4C12                                                                                          CFC–114                                                                 10000

                                                C2F5C1                                                                                           CFC–115                                                                  7370


                                                 (ii) REVIEW.—The Administrator may—                       (A) IN GENERAL.—During the period begin-                    (B) COMPLIANCE.—For each year listed on
                                                 (I) review the exchange values listed in the            ning on January 1 of each year listed in the                the table contained in subparagraph (C), the
                                               tables contained in paragraph (1) on a peri-              table contained in subparagraph (C) and end-                Administrator shall ensure that the annual
                                               odic basis; and                                           ing on December 31 of the year before the                   quantity of all regulated substances pro-
                                                 (II) subject to notice and opportunity for              next year listed on that table, except as oth-              duced or consumed in the United States does
                                               public comment, adjust the exchange values                erwise permitted under this section, no per-                not exceed the product obtained by multi-
                                               solely on the basis of—                                   son shall—                                                  plying—
                                                 (aa)      publicly      available,     peer-              (i) produce a quantity of a regulated sub-                  (i) the production baseline or consumption
                                               reviewed scientific data; and                             stance without a corresponding quantity of                  baseline, as applicable; and
                                                                                                                                                                       (ii) the applicable percentage listed on the
                                                 (bb) other information consistent with                  production allowances, except as provided in
                                                                                                                                                                     table contained in subparagraph (C).
                                               widely used or commonly accepted existing                 paragraph (5); or
                                                                                                                                                                       (C) RELATION TO BASELINE.—On January 1
                                               exchange values.                                            (ii) consume a quantity of a regulated sub-
                                                                                                                                                                     of each year listed in the following table, the
                                                 (2) PRODUCTION AND CONSUMPTION PHASE-                   stance without a corresponding quantity of                  Administrator shall apply the applicable per-
                                               DOWN.—                                                    consumption allowances.                                     centage, as described in subparagraph (A):

                                                                                    Date                                              Percentage of Production Baseline             Percentage of Consumption Baseline

                                                                                 2020–2023                                                        90 percent                                    90 percent

                                                                                 2024–2028                                                        60 percent                                    60 percent

                                                                                 2029–2033                                                        30 percent                                    30 percent

                                                                                 2034–2035                                                        20 percent                                    20 percent

                                                                             2036 and thereafter                                                  15 percent                                    15 percent


                                                 (D) ALLOWANCES.—                                          (ii) a regulated substance that is used and                  (II) EXTENSION.—If the Administrator de-
                                                 (i) QUANTITY.—Not later than October 1 of               not entirely consumed in the manufacture of                 termines, subject to notice and opportunity
                                               each calendar year, the Administrator shall               another chemical, if the remaining amounts                  for public comment, that no substitute will
                                               use the quantity calculated under subpara-                of the regulated substance are subsequently                 be available for an application for which the
                                               graph (B) to determine the quantity of allow-             destroyed.                                                  Administrator granted a waiver under clause
                                               ances for the production and consumption of                 (B) ESSENTIAL USES.—                                      (i) during a subsequent period, the Adminis-
                                               regulated substances that may be used for                   (i) IN GENERAL.—Not earlier than January                  trator may authorize the production or con-
                                               the following calendar year.                              1, 2034, the Administrator may, after notice                sumption, as applicable, of any regulated
                                                 (ii) NATURE OF ALLOWANCES.—                             and opportunity for public comment, author-                 substance used in the application for not
                                                 (I) IN GENERAL.—An allowance allocated                  ize the production or consumption of a regu-                more than an additional 5 years in a quan-
                                               under this section—                                       lated substance for a period of not more than               tity in excess of the quantity authorized
                                                 (aa) does not constitute a property right;              5 years in a quantity in excess of the quan-                under paragraph (2)(A) for exclusive use in
                                               and                                                       tities authorized under paragraph (2)(A) for                the application.
                                                 (bb) is a limited authorization for the pro-            the exclusive use of the regulated substance                   (5) DOMESTIC MANUFACTURING.—Notwith-
                                               duction or consumption of a regulated sub-                in an application with respect to which the                 standing paragraph (2)(A)(i), the Adminis-
                                               stance under this section.                                Administrator determines that—                              trator may authorize a person to produce a
                                                 (II) SAVINGS PROVISION.—Nothing in this                   (I) no substitute will be available during                regulated substance in excess of the number
                                               section or in any other provision of law lim-             the applicable period for that application,                 of production allowances held by that per-
                                               its the authority of the United States to ter-            considering     technological   achievability,              son, subject to the conditions that—
                                               minate or limit an authorization described                commercial demands, safety, and other rel-                     (A) the authorization is—
                                               in subclause (I)(bb).                                     evant factors; and                                             (i) for a renewable period of not more than
                                                 (3) REGULATIONS REGARDING PRODUCTION                      (II) the total supply of the regulated sub-               5 years; and
                                               AND     CONSUMPTION     OF   REGULATED     SUB-           stance authorized under paragraph (2)(A), in-                  (ii) subject to notice and opportunity for
                                               STANCES.—Not later than 270 days after the                cluding any quantities of a regulated sub-                  public comment; and
                                               date of enactment of this Act, the Adminis-               stance available from reclaiming, prior pro-                   (B) the production—
                                               trator shall issue a final rule—                          duction, or prior import, is insufficient to                   (i) is at a facility located in the United
                                                 (A) phasing down the production of regu-                accommodate the application.                                States;
                                               lated substances in the United States                       (ii) LIMITATION.—No person receiving an                      (ii) is solely for export to, and use in, a for-
                                               through an allowance allocation and trading               authorization under clause (i) may, on an an-               eign country that is not subject to the prohi-
                                               program in accordance with this section; and              nual basis, produce or consume a quantity of                bition in subsection (j)(1); and
                                                 (B) phasing down the consumption of regu-               a regulated substance that is greater than 10                  (iii) would not violate paragraph (2)(B).
                                               lated substances in the United States                     percent of the quantity that the person pro-                   (f) ACCELERATED SCHEDULE.—
                                               through an allowance allocation and trading               duced or consumed to contribute to the pro-                    (1) IN GENERAL.—Subject to paragraph (4),
                                               program in accordance with the schedule                   duction baseline or the consumption base-                   the Administrator may, in response to a pe-
                                               under paragraph (2)(C) (subject to the same               line, as applicable.                                        tition submitted to the Administrator in ac-
                                               exceptions and other requirements as are ap-                (iii) REVIEW.—                                            cordance with paragraph (3) and after notice
                                               plicable to the phase-down of production of                 (I) IN GENERAL.—For each application for                  and opportunity for public comment, pro-
                                               regulated substances under this section).                 which the Administrator has authorized the                  mulgate regulations that establish a sched-




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                                                 (4) EXCEPTIONS.—                                        production or consumption, as applicable, of                ule for phasing down the production or con-
                                                 (A) FEEDSTOCKS AND PROCESS AGENTS.—Ex-                  a regulated substance under clause (i), the                 sumption of regulated substances that is
                                               cept for the reporting requirements de-                   Administrator shall review the availability                 more stringent than the production and con-
                                               scribed in subsection (d)(1), this section does           of substitutes, including any quantities of                 sumption levels of regulated substances re-
                                               not apply to—                                             the regulated substance available from re-                  quired under subsection (e)(2)(C) if, based on
                                                 (i) a regulated substance that is used and              claiming or prior production, not less fre-                 the availability of substitutes for regulated
                                               entirely consumed (except for trace quan-                 quently than once every 5 years, considering                substances, the Administrator determines
                                               tities) in the manufacture of another chem-               technological achievability, commercial de-                 that a more-stringent schedule is prac-
                                               ical; or                                                  mands, safety, and other relevant factors.                  ticable, taking into account technological




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                                               S1498                                             CONGRESSIONAL RECORD — SENATE                                                          March 4, 2020
                                               achievability, commercial demands, safety,              the allowances will be subject, under the              with stakeholders using the procedure de-
                                               and other relevant factors, including the               final rule, to an enforceable and quantifiable         scribed in subparagraph (A), the Adminis-
                                               quantities of regulated substances available            reduction in annual production that—                   trator shall, before commencement of the
                                               from reclaiming, prior production, or prior               (i) exceeds the reduction otherwise applica-         rulemaking process for a rule under para-
                                               import.                                                 ble to the transferor under this section;              graph (1), publish an explanation of the deci-
                                                 (2) REQUIREMENT.—In making a determina-                 (ii) exceeds the quantity of production rep-         sion of the Administrator to not use that
                                               tion on whether to implement a more-strin-              resented by the production allowances trans-           procedure.
                                               gent phase-down schedule under paragraph                ferred to the transferee; and                            (3) TRANSITION.—
                                               (1), the Administrator shall—                             (iii) would not have occurred in the ab-               (A) PROPOSALS.—Not later than 18 months
                                                 (A) consider—                                         sence of the transaction; and                          after the date of enactment of this Act, the
                                                 (i) the remaining phase-down period for                 (C) provide for the trading of consumption           Administrator shall publish in the Federal
                                               regulated substances under subsection (e), if           allowances in the same manner as is applica-           Register a proposal of 1 or more dates after
                                               applicable; and                                         ble under this subsection to the trading of            which the use of a regulated substance in a
                                                 (ii) relevant, publicly available, peer-re-           production allowances.                                 sector or subsector shall be restricted.
                                               viewed scientific data;                                   (h) MANAGEMENT OF REGULATED SUB-                       (B) FINAL RULES.—Not later than 18
                                                 (B) apply uniformly any regulations pro-              STANCES.—                                              months after the date on which the Adminis-
                                               mulgated pursuant to paragraph (1) to the                 (1) IN GENERAL.—For purposes of maxi-                trator publishes a proposed rule under sub-
                                               allocation of production and consumption al-            mizing reclaiming and minimizing the re-               paragraph (A) in the Federal Register, the
                                               lowances for regulated substances, in accord-           lease of a regulated substance from equip-             Administrator shall issue a final rule for
                                               ance with subsection (e)(3); and                        ment and ensuring the safety of technicians            that proposed rule.
                                                 (C) adjust the production and consumption             and consumers, the Administrator shall pro-              (4) PETITIONS.—
                                               allowances accordingly.                                 mulgate regulations to control, where appro-             (A) IN GENERAL.—A person may petition
                                                 (3) PETITION.—                                        priate, any practice, process, or activity re-         the Administrator to issue a rule under para-
                                                 (A) IN GENERAL.—A person may petition                 garding the servicing, repair, disposal, or in-        graph (1) for the restriction on use of a regu-
                                               the Administrator to promulgate regulations             stallation of equipment (including requiring,          lated substance in a sector or subsector,
                                               for an accelerated schedule for the phase-              where appropriate, that any such servicing,            which may include a request that the Ad-
                                               down of production or consumption of regu-              repair, disposal, or installation be performed         ministrator negotiate with stakeholders in
                                               lated substances under paragraph (1).                   by a trained technician meeting minimum                accordance with paragraph (2)(A).
                                                 (B) REQUIREMENT.—A petition submitted                 standards, as determined by the Adminis-                 (B) RESPONSE.—The Administrator shall
                                               under subparagraph (A) shall—                           trator) that involves—                                 grant or deny a petition under subparagraph
                                                 (i) be made at such time, in such manner,               (A) a regulated substance;                           (A) not later than 180 days after the date of
                                               and containing such information as the Ad-                (B) a substitute for a regulated substance;          receipt of the petition.
                                               ministrator shall require; and                            (C) the reclaiming of a regulated substance            (C) REQUIREMENTS.—
                                                 (ii) include a showing by the petitioner              used as a refrigerant; or                                (i) EXPLANATION.—If the Administrator de-
                                               that there are data to support the petition.              (D) the reclaiming of a substitute for a reg-        nies a petition under subparagraph (B), the
                                                 (C) TIMELINES.—                                       ulated substance used as a refrigerant.                Administrator shall publish in the Federal
                                                 (i) PETITIONS.—The Administrator shall                  (2) RECLAIMING.—                                     Register an explanation of the denial.
                                               grant or deny the petition under subpara-                 (A) IN GENERAL.—In carrying out this sec-              (ii) FINAL RULE.—If the Administrator
                                               graph (A) by not later than 270 days after the          tion, the Administrator shall consider the             grants a petition under subparagraph (B),
                                               date on which the Administrator receives                use of authority available to the Adminis-             the Administrator shall issue a final rule not
                                               the petition.                                           trator under this section to increase oppor-           later than 2 years after the date on which
                                                 (ii) REGULATIONS.—If the Administrator                tunities for the reclaiming of regulated sub-          the Administrator grants the petition.
                                               grants a petition under subparagraph (A),               stances used as refrigerants.                            (iii) PUBLICATION OF PETITIONS.—Not later
                                               the final regulations with respect to the pe-             (B) RECOVERY.—A regulated substance used             than 30 days after the date on which the Ad-
                                               tition shall be promulgated by not later than           as a refrigerant that is recovered shall be re-        ministrator receives a petition under sub-
                                               1 year after the date on which the Adminis-             claimed before the regulated substance is              paragraph (A), the Administrator shall pub-
                                               trator grants the petition.                             sold or transferred to a new owner, except             lish in the Federal Register that petition in
                                                 (D) DENIAL.—If the Administrator denies a             where the recovered regulated substance is             full.
                                               petition under subparagraph (A), the Admin-             sold or transferred to a new owner solely for            (5) CRITERIA.—In issuing a rule under para-
                                               istrator shall publish a description of the             the purposes of being reclaimed or destroyed.          graph (1), the Administrator shall consider
                                               reason for the denial.                                    (3) COORDINATION.—In promulgating regula-            the need—
                                                 (E) INSUFFICIENT INFORMATION.—If the Ad-              tions to carry out this subsection, the Ad-              (A) to promote and support domestic eco-
                                               ministrator determines that the data in-                ministrator may coordinate those regula-               nomic development;
                                               cluded under subparagraph (B)(ii) in a peti-            tions with any other regulations promul-                 (B) to maximize protections for human
                                               tion are not sufficient to make a determina-            gated by the Administrator that involve—               health and the environment;
                                               tion under this paragraph, the Administrator              (A) the same or a similar practice, process,           (C) to minimize costs for the production,
                                               shall use any authority available to the Ad-            or activity regarding the servicing, repair,           use, and reclaiming of regulated substances;
                                               ministrator to acquire the necessary data.              disposal, or installation of equipment; or               (D) to maximize flexibility for the recov-
                                                 (4)    APPLICABILITY.—The     Administrator             (B) reclaiming.                                      ery, reclaiming, and reuse of regulated sub-
                                               may not promulgate under paragraph (1) a                  (i) TECHNOLOGY TRANSITIONS.—                         stances;
                                               regulation for the production or consump-                 (1) AUTHORITY.—Subject to the provisions               (E) to ensure consumer safety;
                                               tion of regulated substances that is more               of this subsection, the Administrator may by             (F) for the availability of substitutes, tak-
                                               stringent than the production or consump-               rule restrict, fully, partially, or on a grad-         ing into account technological achievability,
                                               tion levels required under subsection                   uated schedule, the use of a regulated sub-            commercial demands, safety, and other rel-
                                               (e)(2)(C) that takes effect before January 1,           stance in the sector or subsector in which             evant factors, including lead times for equip-
                                               2024.                                                   the regulated substance is used.                       ment conversion; and
                                                 (g) EXCHANGE AUTHORITY.—                                (2) NEGOTIATED RULEMAKING.—                            (G) to minimize any additional costs to
                                                 (1) TRANSFERS.—Not later than 270 days                  (A) CONSIDERATION REQUIRED.—Before pro-              consumers.
                                               after the date of enactment of this Act, the            posing a rule for the use of a regulated sub-            (6) EVALUATION.—In carrying out this sub-
                                               Administrator shall promulgate a final regu-            stance for a sector or subsector under para-           section, the Administrator shall evaluate
                                               lation that governs the transfer of allow-              graph (1), the Administrator shall consider            substitutes for regulated substances in a sec-
                                               ances for the production of regulated sub-              negotiating with stakeholders in the sector            tor or subsector, taking into account techno-
                                               stances under subsection (e)(3)(A) that uses—           or subsector subject to the potential rule in          logical achievability, commercial demands,
                                                 (A) the applicable exchange values de-                accordance with the negotiated rulemaking              safety, and other relevant factors.
                                               scribed in the table contained in subsection            procedure provided for under subchapter III              (j) INTERNATIONAL COOPERATION.—
                                               (c)(1); or                                              of chapter 5 of title 5, United States Code              (1) IN GENERAL.—Subject to paragraph (2),
                                                 (B) the exchange value described in the               (commonly known as the ‘‘Negotiated Rule-              no person subject to the requirements of this
                                               rule designating the substance as a regulated           making Act of 1990’’).                                 section shall trade or transfer a production
                                               substance under subsection (c)(3).                        (B) NEGOTIATED RULEMAKINGS.—If the Ad-               allowance or, after January 1, 2033, export a




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                                                 (2) REQUIREMENTS.—The final rule promul-              ministrator negotiates a rulemaking with               regulated substance to a person in a foreign
                                               gated pursuant to paragraph (1)(A) shall—               stakeholders using the procedure described             country that, as determined by the Adminis-
                                                 (A) ensure that the transfers under this              in subparagraph (A), the Administrator                 trator, has not enacted or otherwise estab-
                                               subsection will result in greater total reduc-          shall, to the extent practicable, give priority        lished within a reasonable timeframe after
                                               tions in the production of regulated sub-               to completing that rulemaking over com-                the date of enactment of this Act the same
                                               stances in each year than would occur during            pleting rulemakings that were not nego-                or similar requirements or otherwise under-
                                               the year in the absence of the transfers;               tiated using that procedure.                           taken commitments regarding the produc-
                                                 (B) permit 2 or more persons to transfer                (C) NO NEGOTIATED RULEMAKING.—If the Ad-             tion and consumption of regulated sub-
                                               production allowances if the transferor of              ministrator does not negotiate a rulemaking            stances as are contained in this section.




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                                               March 4, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1499
                                                 (2) TRANSFERS.—Pursuant to paragraph (1),             port innovation in advanced geo-                          ‘‘(B) not later than March 31, 2024, a report
                                               a person in the United States may engage in             thermal research and development, and                  that—
                                               a trade or transfer of a production allow-              for other purposes; which was ordered                     ‘‘(i) includes the information described in
                                               ance—                                                                                                          subparagraph (A);
                                                                                                       to lie on the table; as follows:                          ‘‘(ii) assesses where the Department of En-
                                                 (A) to a person in a foreign country if, at
                                               the time of the transfer, the Administrator               At the appropriate place, insert the fol-            ergy needs improvement with respect to the
                                               revises the number of allowances for produc-            lowing:                                                proposal review and award times under each
                                               tion under subsection (e)(2), as applicable,            SEC. ll. SBIR AND STTR PROGRAMS OF THE DE-             program;
                                               for the United States such that the aggre-                         PARTMENT OF ENERGY.                            ‘‘(iii) identifies best practices for short-
                                               gate national production of the regulated                 (a) ACCELERATING SBIR AND STTR AWARD                 ening the proposal review and award times
                                               substance to be traded under the revised pro-           TIMELINES AT THE DEPARTMENT OF ENERGY.—                under each program; and
                                               duction limits is equal to the least of—                Section 9 of the Small Business Act (15                   ‘‘(iv) analyzes the efficacy of the program
                                                 (i) the maximum production level per-                 U.S.C. 638) is amended—                                established under subsection (hh)(3).’’.
                                               mitted for the applicable regulated sub-                                                                          (b) IMPROVEMENTS TO COMMERCIALIZATION
                                                                                                         (1) in subsection (g)(8)—
                                               stance in the year of the transfer under this                                                                  SELECTION.—
                                                                                                         (A) in subparagraph (B), by striking ‘‘and’’
                                               section, less the production allowances                                                                           (1) IN GENERAL.—Section 9 of the Small
                                                                                                       at the end;
                                               transferred;                                                                                                   Business Act (15 U.S.C. 638) is amended—
                                                                                                         (B) in subparagraph (C), by adding ‘‘and’’              (A) in subsection (g)—
                                                 (ii) the maximum production level per-                at the end; and
                                               mitted for the applicable regulated sub-                                                                          (i) in paragraph (11), by striking ‘‘and’’ at
                                                                                                         (C) by adding at the end the following:              the end;
                                               stances in the transfer year under applicable             ‘‘(D) with respect to the SBIR program of
                                               law, less the production allowances trans-                                                                        (ii) in paragraph (12), by striking the pe-
                                                                                                       the Department of Energy, the average and              riod at the end and inserting ‘‘; and’’; and
                                               ferred; and                                             median amount of time that the Department
                                                 (iii) the average of the actual national pro-                                                                   (iii) by adding at the end the following:
                                                                                                       of Energy takes to review and make a final                ‘‘(13) with respect to peer review carried
                                               duction level of the applicable regulated sub-          decision on proposals submitted under the
                                               stances for the 3-year period ending on the                                                                    out under the SBIR program of the Depart-
                                                                                                       program;’’;                                            ment of Energy, to the extent practicable,
                                               date of the transfer, less the production al-             (2) in subsection (o)(9)—
                                               lowances transferred; or                                                                                       include in the peer review—
                                                                                                         (A) in subparagraph (B), by striking ‘‘and’’            ‘‘(A) the likelihood of commercialization
                                                 (B) from a person in a foreign country if, at         at the end;                                            in addition to scientific and technical merit
                                               the time of the trade or transfer, the Admin-             (B) in subparagraph (C), by adding ‘‘and’’           and feasibility; and
                                               istrator finds that the foreign country has             at the end; and                                           ‘‘(B) not less than 1 reviewer with commer-
                                               revised the domestic production limits of the             (C) by adding at the end the following:              cialization expertise who is capable of as-
                                               regulated substance in the same manner as                 ‘‘(D) with respect to the STTR program of            sessing the likelihood of commercializa-
                                               provided with respect to transfers by a per-            the Department of Energy, the average and              tion.’’;
                                               son in United States under this subsection.             median amount of time that the Department                 (B) in subsection (o)—
                                                 (3) EFFECT OF TRANSFERS ON PRODUCTION                 of Energy takes to review and make a final                (i) in paragraph (15), by striking ‘‘and’’ at
                                               LIMITS.—The Administrator may—                          decision on proposals submitted under the              the end;
                                                 (A) reduce the production limits estab-               program;’’;                                               (ii) in paragraph (16), by striking the pe-
                                               lished under subsection (e)(2)(B) as required             (3) in subsection (hh), by adding at the end         riod at the end and inserting ‘‘; and’’; and
                                               as a prerequisite to a transfer described in            the following:                                            (iii) by adding at the end the following:
                                               paragraph (2)(A); or                                      ‘‘(3) REQUIREMENT TO ACCELERATE DEPART-                 ‘‘(17) with respect to peer review carried
                                                 (B) increase the production limits estab-             MENT OF ENERGY SBIR AND STTR AWARDS.—Not               out under the STTR program of the Depart-
                                               lished under subsection (e)(2)(B) to reflect            later than 1 year after the date of enactment          ment of Energy, to the extent practicable,
                                               production allowances acquired under a                  of this paragraph, the Department of Energy            include in the peer review—
                                               trade or transfer described in paragraph                shall establish a program to reduce the time              ‘‘(A) the likelihood of commercialization
                                               (2)(B).                                                 for awards under the SBIR and STTR pro-                in addition to scientific and technical merit
                                                 (4)     REGULATIONS.—The       Administrator          grams of the Department of Energy by—                  and feasibility; and
                                               shall—                                                    ‘‘(A) developing simplified and standard-               ‘‘(B) not less than 1 reviewer with commer-
                                                 (A) not later than 1 year after the date of           ized procedures and model contracts or                 cialization expertise who is capable of as-
                                               enactment of this Act, promulgate a final               awards throughout the Department of En-                sessing the likelihood of commercializa-
                                               rule to carry out this subsection; and                  ergy for Phase I, Phase II, and Phase III              tion.’’;
                                                 (B) not less frequently than annually, re-            SBIR awards;                                              (C) in subsection (cc)—
                                               view and, if necessary, revise the final rule             ‘‘(B) for Phase I SBIR and STTR awards,                 (i) by striking ‘‘During fiscal years 2012
                                               promulgated pursuant to subparagraph (A).               reducing the amount of time between solici-            through 2022, the National Institutes of
                                                 (k) RELATIONSHIP TO OTHER LAW.—                       tation closure and award;                              Health, the Department of Defense, and the
                                                 (1) IMPLEMENTATION.—                                    ‘‘(C) for Phase II SBIR and STTR awards,             Department of Education’’ and inserting the
                                                 (A)     RULEMAKINGS.—The       Administrator          reducing the amount of time between the                following:
                                               may promulgate such regulations as are nec-             end of a Phase I award and the start of the               ‘‘(1) IN GENERAL.—During fiscal years 2020
                                               essary to carry out the functions of the Ad-            Phase II award;                                        through 2025, the National Institutes of
                                               ministrator under this section.                           ‘‘(D) for Phase II SBIR and STTR awards              Health, the Department of Defense, the De-
                                                 (B) DELEGATION.—The Administrator may                 that skip Phase I, reducing the amount of              partment of Education, and the Department
                                               delegate to any officer or employee of the              time between solicitation closure and award;           of Energy’’; and
                                               Environmental Protection Agency such of                   ‘‘(E) for sequential Phase II SBIR and                  (ii) by adding at the end the following:
                                               the powers and duties of the Administrator              STTR awards, reducing the amount of time                  ‘‘(2) LIMITATION.—The total value of awards
                                               under this section as the Administrator de-             between Phase II awards; and                           provided by a Federal agency described in
                                               termines to be appropriate.                               ‘‘(F) reducing the award times described in          paragraph (1) under this subsection in a fis-
                                                 (C) CLEAN AIR ACT.—Sections 113, 114, 304,            subparagraphs (B), (C), (D), and (E) to be as          cal year shall be not more than 10 percent of
                                               and 307 of the Clean Air Act (42 U.S.C. 7413,           close to 90 days as possible.’’; and                   the total funds allocated to the SBIR and
                                               7414, 7604, 7607) shall apply to this section             (4) in subsection (ii), by adding at the end         STTR programs of the Federal agency during
                                               and any regulations promulgated by the Ad-              the following:                                         that fiscal year.
                                               ministrator pursuant to this section as                   ‘‘(3) ADDITIONAL COMPTROLLER GENERAL RE-                ‘‘(3) EXTENSION.—During fiscal years 2024
                                               though this section were expressly included             PORTS FOR THE DEPARTMENT OF ENERGY.—The                and 2025, each Federal agency described in
                                               in each of those sections, as applicable, and           Comptroller General of the United States               paragraph (1) may continue phase flexibility
                                               the requirements of this section were part of           shall submit to the Committee on Small                 as described in this subsection only if the re-
                                               that Act (42 U.S.C. 7401 et seq.).                      Business and Entrepreneurship of the Senate            ports required under subsection (tt)(1)(B)
                                                 (2) AUTHORITY.—On issuance of a final rule            and the Committee on Small Business of the             have been submitted to the appropriate com-
                                               under subsection (e)(3) for the production              House of Representatives, with respect to              mittees.’’;
                                               and consumption of regulated substances,                the SBIR and STTR programs Department of                  (D) in subsection (hh)(2)(A)(i), by inserting
                                               notwithstanding any other provision of law,             Energy—                                                ‘‘application process and requirements’’ after
                                               the Administrator shall have no authority to




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                                                                                                         ‘‘(A) not later than 2 years after the date of       ‘‘simplified and standardized’’; and
                                               regulate the production or consumption of               enactment of this paragraph, a report that—               (E) by adding at the end the following:
                                               regulated substances under section 614(b) of              ‘‘(i) provides the average and median                   ‘‘(vv) TECHNOLOGY COMMERCIALIZATION OF-
                                               the Clean Air Act (42 U.S.C. 7671m(b)).                 amount of time that the Department takes               FICIAL IN THE DEPARTMENT OF ENERGY.—The
                                                                                                       to review and make a final decision on pro-            Department of Energy shall designate a
                                                SA 1505. Mr. RUBIO submitted an                        posals submitted under each program; and               Technology Commercialization Official in
                                               amendment intended to be proposed to                      ‘‘(ii) compares that average and median              the Department of Energy, who shall—
                                               amendment SA 1407 proposed by Ms.                       amount of time with that of the previous 5                ‘‘(1) have sufficient commercialization ex-
                                               MURKOWSKI to the bill S. 2657, to sup-                  fiscal years; and                                      perience;




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                                               S1500                                             CONGRESSIONAL RECORD — SENATE                                                           March 4, 2020
                                                 ‘‘(2) provide assistance to SBIR and STTR               (A) the Economic Support Fund under                     (A) at which firewood is collected, proc-
                                               program awardees in commercializing and                 chapter 4 of part II of the Foreign Assistance          essed, or stored; and
                                               transitioning technologies;                             Act of 1961 (22 U.S.C. 2346 et seq.); and                 (B) that is used by a cooperating party to
                                                 ‘‘(3) identify SBIR and STTR program                    (B) the United States Agency for Inter-               distribute firewood to low-income or dis-
                                               technologies with sufficient technology and             national Development.                                   abled individuals for personal use.
                                               commercialization readiness to advance to                 (2) EXCLUSIONS.—In making the rescissions               (3) SECRETARIES.—The term ‘‘Secretaries’’
                                               Phase III awards or other non-SBIR or STTR              required under paragraph (1), the Director              means the Secretary, the Secretary of the
                                               program contracts;                                      shall not rescind any amounts appropriated              Interior, and the Secretary of Agriculture.
                                                 ‘‘(4) coordinate with the Technology Com-             for—                                                      (4) SECRETARY CONCERNED.—The term ‘‘Sec-
                                               mercialization Officials of other Federal                 (A) global health programs under title III            retary concerned’’ means—
                                               agencies to identify additional markets and             of the Department of State, Foreign Oper-                 (A) the Secretary of the Interior, in the
                                               commercialization pathways for promising                ations, and Related Programs Appropria-                 case of Federal land administered by the
                                               SBIR and STTR program technologies;                     tions Act, 2020 (division G of Public Law 116–          Secretary of the Interior, including trust
                                                 ‘‘(5) submit to the Administration an an-             94); or                                                 land (as defined in section 3765 of title 38,
                                               nual report on the number of technologies                 (B) assistance to Israel.                             United States Code); and
                                               from the SBIR or STTR program that have                                                                           (B) the Secretary of Agriculture, in the
                                               advanced commercialization activities, in-                SA 1507. Mr. LANKFORD submitted                       case of Federal land administered by the
                                               cluding information required in the commer-             an amendment intended to be proposed                    Secretary of Agriculture, acting through the
                                               cialization impact assessment under sub-                to amendment SA 1407 proposed by Ms.                    Chief of the Forest Service.
                                               section (xx) and how those activities may re-                                                                     (b) PROMOTION OF FIREWOOD BANKS.—The
                                                                                                       MURKOWSKI to the bill S. 2657, to sup-                  Secretaries shall promote the use of firewood
                                               late to support of the diversification of the           port innovation in advanced geo-
                                               United States supply chain;                                                                                     banks by carrying out this section.
                                                 ‘‘(6) submit to the Administration an an-
                                                                                                       thermal research and development, and                     (c) FIREWOOD BANKS WITHIN COMMU-
                                                                                                       for other purposes; which was ordered                   NITIES.—
                                               nual report on actions taken by the Federal
                                                                                                       to lie on the table; as follows:                          (1) IN GENERAL.—The Secretary and the
                                               agency, and the results of those actions, to
                                                                                                                                                               Secretary of Agriculture (referred to in this
                                               simplify, standardize, and expedite the appli-            At the end of subtitle A of title II, add the
                                                                                                                                                               subsection as the ‘‘Secretaries’’) may estab-
                                               cation process and requirements, procedures,            following:
                                                                                                                                                               lish a program to acquire a parcel of land or
                                               and contracts as required under subsection              SEC. 21lll. LOAN GUARANTEES FOR PROJECTS
                                                                                                                                                               an interest in a parcel of land within 1 or
                                               (hh) and described in subsection (xx)(E); and                      THAT INCREASE THE DOMESTIC
                                                                                                                  SUPPLY OF CRITICAL MINERALS.                 more communities to be used as a local fire-
                                                 ‘‘(7) carry out such other duties as the De-                                                                  wood bank.
                                               partment of Energy determines necessary.’’.               (a) IN GENERAL.—Section 1703(b) of the En-
                                                                                                       ergy Policy Act of 2005 (42 U.S.C. 16513(b)) is           (2) ACQUISITIONS.—The land referred to in
                                                 (2) REPORT.—Not later than 1 year after                                                                       paragraph (1) may be acquired through a fee-
                                               the date of enactment of this Act, the Ad-              amended by adding at the end the following:
                                                                                                         ‘‘(11) Projects that increase the domestic            simple purchase, an easement, or a donation.
                                               ministrator of the Small Business Adminis-                                                                        (3) PARCEL REQUIREMENTS.—A parcel of
                                               tration shall submit to the Committee on                supply of critical minerals (as designated by
                                                                                                                                                               land acquired under paragraph (1)—
                                               Small Business and Entrepreneurship of the              the Secretary of the Interior under section
                                                                                                                                                                 (A) shall be in a community in which at
                                               Senate and the Committee on Small Busi-                 2101(c) of the American Energy Innovation
                                                                                                                                                               least 20 percent of the residents primarily
                                               ness of the House of Representatives summa-             Act of 2020), including through mining, proc-
                                                                                                                                                               heat their homes with a wood-burning stove;
                                               rizing the metrics relating to and an evalua-           essing, recycling, and the fabrication of min-
                                                                                                                                                                 (B) shall be not less than 1⁄2 acre and not
                                               tion of the authority provided under section            eral alternatives.’’.
                                                                                                         (b) PROHIBITION ON USE OF APPROPRIATED                more than 6 acres in size;
                                               9(hh) of the Small Business Act (15 U.S.C.                                                                        (C) shall be able to store not fewer than 100
                                               638(hh)) to the Department of Energy, as                FUNDS.—Amounts appropriated to the De-
                                                                                                       partment before the date of enactment of                cords of firewood;
                                               amended by subsection (a), which shall in-                                                                        (D) may have equipment on site to process
                                               clude the size and location of the small busi-          this Act shall not be made available for the
                                                                                                       cost of loan guarantees made under para-                logs into firewood; and
                                               ness concerns, as defined in section 3 of the                                                                     (E) may be subject to any other require-
                                               Small Business Act (15 U.S.C. 632), receiving           graph (11) of section 1703(b) of the Energy
                                                                                                       Policy Act of 2005 (42 U.S.C. 16513(b)).                ments that the Secretaries, in consultation
                                               awards under the SBIR or STTR program, as                                                                       with cooperating parties under paragraph (4),
                                               defined in section 9(e) of the Small Business                                                                   determine to be necessary for the efficient,
                                               Act (15 U.S.C. 638(e)), of the Department of              SA 1508. Mr. HAWLEY submitted an
                                                                                                       amendment intended to be proposed to                    effective, and safe administration of the fire-
                                               Energy.                                                                                                         wood bank.
                                                                                                       amendment SA 1407 proposed by Ms.                         (4) COOPERATING PARTIES.—The Secretaries
                                                 SA 1506. Mr. PAUL submitted an                        MURKOWSKI to the bill S. 2657, to sup-                  may authorize or consult with cooperating
                                               amendment intended to be proposed by                    port innovation in advanced geo-                        parties—
                                               him to the bill H.R. 6074, making emer-                 thermal research and development, and                     (A) to maintain the parcel of land acquired
                                               gency supplemental appropriations for                   for other purposes; which was ordered                   under paragraph (1); and
                                               the fiscal year ending September 30,                    to lie on the table; as follows:                          (B) to operate the firewood bank.
                                               2020, and for other purposes; which was                   On page 362, strike lines 14 through 16 and             (5) USE OF LAND.—The Secretaries, or the
                                               ordered to lie on the table; as follows:                insert the following:                                   cooperating parties, as applicable, shall use
                                                 At the appropriate place, insert the fol-               (EE) biofuel vehicle technologies, includ-            a parcel of land acquired under paragraph (1)
                                               lowing:                                                 ing ethanol and biodiesel combustion sys-               exclusively as a firewood bank.
                                               SEC. ll. RESCISSIONS.                                                                                             (d) FIREWOOD BANKS ON FEDERAL LAND.—
                                                                                                       tems, and biofuel infrastructure, including
                                                 (a) EDUCATIONAL AND CULTURAL ASSIST-                                                                            (1) IN GENERAL.—The Secretary concerned
                                                                                                       the use of agricultural feedstocks to provide
                                                       PROGRAMS.—Notwithstanding any                                                                           may authorize 1 or more firewood banks to
                                               ANCE                                                    fuel and power; and
                                               other provision of law, all amounts made                                                                        be established and operated on Federal land,
                                                                                                         (FF) other research areas as determined by
                                               available for fiscal year 2020 for the East-                                                                    including trust land (as defined in section
                                                                                                       the Secretary.
                                               West Center under title I of the Department                                                                     3765 of title 38, United States Code).
                                               of State, Foreign Operations, and Related                 SA 1509. Ms. MCSALLY (for herself                       (2) REQUIREMENTS.—A firewood bank de-
                                               Programs Appropriations Act, 2020 (division                                                                     scribed in paragraph (1)—
                                                                                                       and Mr. LEAHY) submitted an amend-
                                               G of Public Law 116–94), the Inter-American                                                                       (A) may only be established if the firewood
                                                                                                       ment intended to be proposed to                         bank—
                                               Foundation under title III of such Act, and
                                               educational and cultural exchange programs              amendment SA 1407 proposed by Ms.                         (i) will be located within 50 miles of a com-
                                               under title I of such Act that remain unobli-           MURKOWSKI to the bill S. 2657, to sup-                  munity in which at least 20 percent of the
                                               gated as of the date of the enactment of this           port innovation in advanced geo-                        residents primarily heat their homes with a
                                               Act are rescinded.                                      thermal research and development, and                   wood-burning stove;
                                                 (b) PROPORTIONAL RESCISSIONS OF OTHER                 for other purposes; which was ordered                     (ii) will occupy an area not less than 1⁄2
                                               UNOBLIGATED      DISCRETIONARY     APPROPRIA-           to lie on the table; as follows:                        acre and not more than 6 acres in size; and
                                               TIONS.—                                                                                                           (iii) will be able to store not fewer than 20
                                                                                                            At the end, add the following:
                                                 (1) IN GENERAL.—Except as provided under                                                                      cords of firewood; and
                                                                                                                  TITLE IV—MISCELLANEOUS




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                                               paragraph (2), after rescinding the amounts                                                                       (B) may have privately or publicly owned
                                               required under subsection (a), the Director of          SEC. 4001. FIREWOOD BANKS.                              equipment on site to process logs into fire-
                                               the Office of Management and Budget shall                 (a) DEFINITIONS.—In this section:                     wood.
                                               rescind, on a proportional basis, such                    (1) COOPERATING PARTY.—The term        ‘‘co-            (3) COOPERATING PARTIES.—The Secretary
                                               amounts as may be necessary to fully offset             operating party’’ means a State, local, or              concerned may authorize or consult with co-
                                               (in conjunction with the rescissions under              Tribal government, a private company, a                 operating parties—
                                               subsection (a)) the amounts appropriated by             nonprofit organization, and a cooperative.                (A) to maintain the Federal land on which
                                               this Act from the unobligated amounts ap-                 (2) FIREWOOD BANK.—The term ‘‘firewood                the firewood bank is established under this
                                               propriated for fiscal year 2020 for—                    bank’’ means a site—                                    subsection; and




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                                               March 4, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1501
                                                 (B) to operate the firewood bank.                     effectiveness of the program under this sec-             (b) DESIGNATION.—The strategy developed
                                                 (4) USE OF FEDERAL LAND.—The Secretary                tion.                                                  under subsection (a) shall be known as the
                                               concerned, or a cooperating party, as appli-              (4) SUBMISSION.—On completion of each re-            ‘‘National Strategy to Secure 5G and Next
                                               cable, shall use the land on which a firewood           port described in paragraph (1), the Secre-            Generation Wireless Communications’’ (re-
                                               bank is established under this subsection ex-           taries shall submit the report to—                     ferred to in this Act as the ‘‘Strategy’’).
                                               clusively as a firewood bank.                             (A) the Committee on Energy and Natural                (c) ELEMENTS.—The Strategy shall rep-
                                                 (e) SECURE SUPPLIES OF FIREWOOD FOR                   Resources of the Senate;                               resent a whole-of-government approach and
                                               FIREWOOD BANKS.—                                          (B) the Committee on Appropriations of               shall include the following:
                                                 (1) IN GENERAL.—The Secretary concerned               the Senate;                                              (1) A description of efforts to facilitate do-
                                               shall—                                                    (C) the Committee on Natural Resources of            mestic 5th and future generations wireless
                                                 (A) designate trees for cutting and removal           the House of Representatives; and                      communications rollout.
                                               on Federal land by marking; and                           (D) the Committee on Appropriations of                 (2) A description of efforts to assess the
                                                 (B) make those trees available to firewood            the House of Representatives.                          risks to and identify core security principles
                                               banks, consistent with this subsection.                                                                        of 5th and future generations wireless com-
                                                 (2) DESIGNATION.—The Secretary concerned                SA 1510. Mr. MCCONNELL (for Mr.                      munications infrastructure.
                                               shall designate trees under paragraph                   CORNYN) proposed an amendment to                         (3) A description of efforts to address risks
                                               (1)(A)—                                                 the bill S. 893, to require the President              to the national security of the United States
                                                 (A) in an area located within 50 miles of             to develop a strategy to ensure the se-                during development and deployment of 5th
                                               each firewood bank established under sub-                                                                      and future generations wireless communica-
                                               section (d); and
                                                                                                       curity of next generation mobile tele-
                                                                                                       communications systems and infra-                      tions infrastructure worldwide.
                                                 (B) in other areas that the Secretary con-                                                                     (4) A description of efforts to promote re-
                                               cerned determines to be appropriate.                    structure in the United States and to
                                                                                                                                                              sponsible global development and deploy-
                                                 (3) REQUIREMENT.—The Secretaries con-                 assist allies and strategic partners in
                                                                                                                                                              ment of 5th and future generations wireless
                                               cerned shall designate trees under paragraph            maximizing the security of next gen-                   communications, including through robust
                                               (1)(A) in a sufficient quantity to provide at           eration mobile telecommunications                      international engagement, leadership in the
                                               least 100 cords of firewood continuously.               systems, infrastructure, and software,                 development of international standards, and
                                                 (4) NO FEE REQUIRED.—                                 and for other purposes; as follows:                    incentivizing market competitiveness of se-
                                                 (A) IN GENERAL.—Any Federal employee or
                                                                                                         Strike all after the enacting clause and in-         cure 5th and future generation wireless com-
                                               party designated by a firewood bank may
                                                                                                       sert the following:                                    munications infrastructure options.
                                               cut, remove, and transport to a firewood
                                                                                                       SECTION 1. SHORT TITLE.                                  (d) PUBLIC CONSULTATION.—In developing
                                               bank a tree designated under paragraph
                                                                                                         This Act may be cited as the ‘‘Secure 5G             the Strategy, the President shall consult
                                               (1)(A) without incurring any fee.
                                                                                                       and Beyond Act of 2020’’.                              with relevant groups that represent con-
                                                 (B) LIMITATIONS.—
                                                                                                       SEC. 2. APPROPRIATE COMMITTEES OF CON-                 sumers or the public interest, private sector
                                                 (i) PERMITS.—The Secretary concerned
                                                                                                                 GRESS DEFINED.                               communications providers, and communica-
                                               may require a permit for the cutting and re-
                                                                                                         In this Act, the term ‘‘appropriate commit-          tions infrastructure and systems equipment
                                               moval of a tree designated under paragraph
                                                                                                       tees of Congress’’ means—                              developers.
                                               (1)(A).
                                                                                                         (1) the Select Committee on Intelligence,            SEC. 4. STRATEGY IMPLEMENTATION PLAN.
                                                 (ii) NO SIGNIFICANT DAMAGE TO RE-
                                                                                                       the Committee on Commerce, Science, and                  Not later than 180 days after the date of
                                               SOURCES.—A Federal employee or party des-
                                                                                                       Transportation, the Committee on Foreign               enactment of this Act, the President shall
                                               ignated by a firewood bank shall not be per-
                                                                                                       Relations, the Committee on Armed Serv-                develop and submit to the appropriate com-
                                               mitted to significantly damage any resource
                                                                                                       ices, and the Committee on Homeland Secu-              mittees of Congress an implementation plan
                                               while cutting or removing a tree designated
                                                                                                       rity and Governmental Affairs of the Senate;           for the Strategy (referred to in this Act as
                                               under paragraph (1)(A).
                                                 (5) CLOSED ENTRY.—The Secretary con-                  and                                                    the ‘‘Implementation Plan’’), which shall in-
                                               cerned may close to entry an area with trees              (2) the Permanent Select Committee on In-            clude, at a minimum, the following:
                                               designated under paragraph (1)(A), or make              telligence, the Committee on Energy and                  (1) A description of United States national
                                               that entry subject to such conditions as the            Commerce, the Committee on Foreign Af-                 and economic security interests pertaining
                                               Secretary concerned determines are nec-                 fairs, the Committee on Armed Services, and            to the deployment of 5th and future genera-
                                               essary—                                                 the Committee on Homeland Security of the              tions wireless communications systems and
                                                 (A) for periods of not longer than 60 con-            House of Representatives.                              infrastructure.
                                                                                                       SEC. 3. STRATEGY TO ENSURE SECURITY OF                   (2) An identification and assessment of po-
                                               secutive calendar days; and
                                                                                                                  NEXT GENERATION WIRELESS COM-
                                                 (B) for not longer than 150 calendar days                                                                    tential security threats and vulnerabilities
                                                                                                                  MUNICATIONS SYSTEMS AND INFRA-
                                               during any 1 calendar year.                                        STRUCTURE.                                  to the infrastructure, equipment, systems,
                                                 (f) REPORT.—                                            (a) STRATEGY REQUIRED.—Not later than                software, and virtualized networks that sup-
                                                 (1) IN GENERAL.—Not later than 5 years                180 days after the date of enactment of this           port 5th and future generations wireless
                                               after the date of enactment of this Act, and            Act, the President, in consultation with the           communications systems, infrastructure,
                                               every 5 years thereafter, the Secretaries               Chairman of the Federal Communications                 and enabling technologies, which shall, as
                                               shall prepare a report describing the imple-            Commission, the Secretary of Commerce, the             practicable, include a comprehensive evalua-
                                               mentation of this section.                              Assistant Secretary of Commerce for Com-               tion of the full range of threats to, and
                                                 (2) CONSULTATION.—The Secretaries may                 munications and Information, the Secretary             unique security challenges posed by, 5th and
                                               prepare the report described in paragraph (1)           of Homeland Security, the Director of Na-              future generations wireless communications
                                               in consultation with cooperating parties.               tional Intelligence, the Attorney General,             systems and infrastructure, as well as steps
                                                 (3) CONTENTS.—The Secretaries shall in-               the Secretary of State, the Secretary of En-           that public and private sector entities can
                                               clude in the report described in paragraph              ergy, and the Secretary of Defense, and con-           take to mitigate those threats.
                                               (1)—                                                    sistent with the protection of national secu-            (3) An identification and assessment of the
                                                 (A) an assessment of whether, and to what             rity information, shall develop and submit to          global competitiveness and vulnerabilities of
                                               extent, the program under this section—                 the appropriate committees of Congress a               United States manufacturers and suppliers
                                                 (i) is providing assistance to low-income             strategy—                                              of 5th and future generations wireless com-
                                               and disabled individuals;                                 (1) to ensure the security of 5th and future         munications equipment.
                                                 (ii) is using cooperating parties to estab-           generations wireless communications sys-                 (4) An evaluation of available domestic
                                               lish, operate, and maintain firewood banks;             tems and infrastructure within the United              suppliers of 5th and future generations wire-
                                               and                                                     States;                                                less communications equipment and other
                                                 (iii) is supplying firewood from trees des-             (2) to provide technical assistance to mu-           suppliers in countries that are mutual de-
                                               ignated under subsection (e)(1)(A);                     tual defense treaty allies of the United               fense allies or strategic partners of the
                                                 (B) lists describing—                                 States, strategic partners of the United               United States and a strategy to assess their
                                                 (i) the acquisitions made under subsection            States, and other countries, when in the se-           ability to produce and supply 5th generation
                                               (c) and the locations at which the acquisi-             curity and strategic interests of the United           and future generations wireless communica-
                                               tions were made;                                        States, to maximize the security of 5th and            tions systems and infrastructure.
                                                 (ii) the locations of firewood banks estab-           future generations wireless communications               (5) Identification of where security gaps




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                                               lished under subsection (d)(1);                         systems and infrastructure inside their coun-          exist in the United States domestic or mu-
                                                 (iii) the cooperating parties that are assist-        tries; and                                             tual defense treaty allies and strategic part-
                                               ing in operating firewood banks established               (3) to protect the competitiveness of                ners communications equipment supply
                                               under subsection (d)(1); and                            United States companies, privacy of United             chain for 5th and future generations wireless
                                                 (iv) the units of Federal land on which the           States consumers, and integrity and impar-             communications systems and infrastructure.
                                               Secretary concerned has designated trees                tiality of standards-setting bodies and proc-            (6) Identification of incentives and policy
                                               under subsection (e)(1); and                            esses related to 5th and future generations            options to help close or narrow any security
                                                 (C) recommendations to Congress on ways               wireless communications systems and infra-             gaps identified under paragraph (5) in, and
                                               to improve the administration, efficacy, and            structure.                                             ensure the economic viability of, the United




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                                               S1502                                             CONGRESSIONAL RECORD — SENATE                                                           March 4, 2020
                                               States domestic industrial base, including              agencies and interagency mechanisms to co-               (A) the Navajo Nation; and
                                               research and development in critical tech-              ordinate implementation of the Strategy, as              (B) the United States, for the benefit of the
                                               nologies and workforce development in 5th               provided in section 5(d).                              Nation;
                                               and future generations wireless communica-                (17) An identification of the key diplo-               (2) to authorize, ratify, and confirm the
                                               tions systems and infrastructure.                       matic, development, intelligence, military,            Agreement entered into by the Nation and
                                                 (7) Identification of incentives and policy           and economic resources necessary to imple-             the State, to the extent that the Agreement
                                               options for leveraging the communications               ment the Strategy, including specific budg-            is consistent with this title;
                                               equipment suppliers from mutual defense                 etary requests.                                          (3) to authorize and direct the Secretary—
                                               treaty allies, strategic partners, and other              (18) As necessary, a description of such leg-          (A) to execute the Agreement; and
                                               countries to ensure that private industry in            islative or administrative action needed to              (B) to take any actions necessary to carry
                                               the United States has adequate sources for              carry out the Strategy.                                out the agreement in accordance with this
                                               secure, effective, and reliable 5th and future          SEC. 5. LIMITATIONS AND BRIEFINGS.                     title; and
                                               generations wireless communications sys-                  (a) LIMITATIONS.—                                      (4) to authorize funds necessary for the im-
                                               tems and infrastructure equipment.                        (1) IN GENERAL.—The Strategy and the Im-             plementation of the Agreement and this
                                                 (8) A plan for diplomatic engagement with             plementation Plan shall not include a rec-             title.
                                               mutual defense treaty allies, strategic part-           ommendation or a proposal to nationalize               SEC. 4003. DEFINITIONS.
                                               ners, and other countries to share security             5th or future generations wireless commu-                 In this title:
                                               risk information and findings pertaining to             nications systems or infrastructure.                      (1) AGREEMENT.—The term ‘‘agreement’’
                                               5th and future generations wireless commu-
                                                                                                         (2) FEDERAL AGENCY AUTHORITY.—Nothing                means—
                                               nications systems and infrastructure equip-
                                                                                                       in this Act shall be construed to limit any               (A) the document entitled ‘‘Navajo Utah
                                               ment and cooperation on mitigating those
                                                                                                       authority or ability of any Federal agency.            Water Rights Settlement Agreement’’ dated
                                               risks.
                                                                                                         (b) PUBLIC COMMENT.—Not later than 60                December 14, 2015, and the exhibits attached
                                                 (9) A plan for engagement with private sec-
                                                                                                       days after the date of enactment of this Act,          thereto; and
                                               tor communications infrastructure and sys-
                                                                                                       the President shall seek public comment re-               (B) any amendment or exhibit to the docu-
                                               tems equipment developers and critical in-
                                                                                                       garding the development and implementa-                ment or exhibits referenced in subparagraph
                                               frastructure owners and operators who have
                                                                                                       tion of the Implementation Plan.                       (A) to make the document or exhibits con-
                                               a critical dependency on communications in-
                                                                                                         (c) BRIEFING.—                                       sistent with this title.
                                               frastructure to share information and find-
                                                                                                         (1) IN GENERAL.—Not later than 21 days                  (2) ALLOTMENT.—The term ‘‘allotment’’
                                               ings on 5th and future generations wireless
                                                                                                       after the date on which the Implementation             means a parcel of land—
                                               communications systems and infrastructure
                                               equipment standards to secure platforms.                Plan is completed, the President shall direct             (A) granted out of the public domain that
                                                 (10) A plan for engagement with private               appropriate representatives from the depart-           is—
                                               sector communications infrastructure and                ments and agencies involved in the formula-               (i) located within the exterior boundaries
                                               systems equipment developers to encourage               tion of the Strategy to provide the appro-             of the Reservation; or
                                               the maximum participation possible on                   priate committees of Congress a briefing on               (ii) Bureau of Indian Affairs parcel number
                                               standards-setting bodies related to such sys-           the implementation of the Strategy.                    792 634511 in San Juan County, Utah, con-
                                               tems and infrastructure equipment stand-                  (2) UNCLASSIFIED SETTING.—The briefing               sisting of 160 acres located in Township 41S,
                                               ards by public and private sector entities              under paragraph (1) shall be held in an un-            Range 20E, sections 11, 12, and 14, originally
                                               from the United States.                                 classified setting to the maximum extent               set aside by the United States for the benefit
                                                 (11) A plan for diplomatic engagement with            possible.                                              of an individual identified in the allotting
                                               mutual defense treaty allies, strategic part-             (d) IMPLEMENTATION.—                                 document as a Navajo Indian; and
                                               ners, and other countries to share informa-               (1) IN GENERAL.—The President and the Na-               (B) held in trust by the United States—
                                               tion and findings on 5th and future genera-             tional Telecommunications and Information                 (i) for the benefit of an individual, individ-
                                               tions wireless communications systems and               Administration, in conjunction, shall—                 uals, or an Indian Tribe other than the Nav-
                                               infrastructure equipment standards to pro-                (A) implement the Strategy;                          ajo Nation; or
                                               mote maximum interoperability, competi-                   (B) keep congressional committees ap-                   (ii) in part for the benefit of the Navajo
                                               tiveness, openness, and secure platforms.               prised of progress on implementation; and              Nation as of the enforceability date.
                                                 (12) A plan for diplomatic engagement with              (C) not implement any proposal or rec-                  (3) ALLOTTEE.—The term ‘‘allottee’’ means
                                               mutual defense treaty allies, strategic part-           ommendation involving non-Federal spec-                an individual or Indian Tribe with a bene-
                                               ners, and other countries to share informa-             trum administered by the Federal Commu-                ficial interest in an allotment held in trust
                                               tion and findings on 5th and future genera-             nications Commission unless the implemen-              by the United States.
                                               tions wireless communications infrastruc-               tation of such proposal or recommendation                 (4) ENFORCEABILITY DATE.—The term ‘‘en-
                                               ture and systems equipment concerning the               is first approved by the Commission.                   forceability date’’ means the date on which
                                               standards-setting bodies related to such sys-             (2) RULE OF CONSTRUCTION.—Nothing in this            the Secretary publishes in the Federal Reg-
                                               tems and infrastructure equipment to pro-               subsection shall be construed to affect the            ister the statement of findings described in
                                               mote maximum transparency, openness, im-                authority or jurisdiction of the Federal Com-          section 4008(a).
                                               partiality, integrity, and neutrality.                  munications Commission or confer upon the                 (5) GENERAL STREAM ADJUDICATION.—The
                                                 (13) A plan for joint testing environments            President or any other executive branch                term ‘‘general stream adjudication’’ means
                                               with mutual defense treaty allies, strategic            agency the power to direct the actions of the          the adjudication pending, as of the date of
                                               partners, and other countries to ensure a               Commission, whether directly or indirectly.            enactment, in the Seventh Judicial District
                                               trusted marketplace for 5th and future gen-               (e) FORM.—The Strategy and Implementa-               in and for Grand County, State of Utah, com-
                                               erations wireless communications systems                tion Plan shall be submitted to the appro-             monly known as the ‘‘Southeastern Colorado
                                               and infrastructure equipment.                           priate committees of Congress in unclassi-             River General Adjudication’’, Civil No.
                                                 (14) A plan for research and development              fied form, but may include a classified                810704477, conducted pursuant to State law.
                                               by the Federal Government, in close partner-            annex.                                                    (6) INJURY TO WATER RIGHTS.—The term
                                               ship with trusted supplier entities, mutual                                                                    ‘‘injury to water rights’’ means an inter-
                                               defense treaty allies, strategic partners, and            SA 1511. Mr. ROMNEY (for himself,                    ference with, diminution of, or deprivation
                                               other countries to reach and maintain                   Ms. WARREN, and Ms. SINEMA) sub-                       of water rights under Federal or State law,
                                               United States leadership in 5th and future              mitted an amendment intended to be                     excluding injuries to water quality.
                                               generations wireless communications sys-                proposed to amendment SA 1407 pro-                        (7) MEMBER.—The term ‘‘member’’ means
                                               tems and infrastructure security, including                                                                    any person who is a duly enrolled member of
                                                                                                       posed by Ms. MURKOWSKI to the bill S.
                                               the development of an ongoing capability to                                                                    the Navajo Nation.
                                               identify security vulnerabilities in 5th and            2657, to support innovation in advanced                   (8) NAVAJO NATION OR NATION.—The term
                                               future generations wireless communications              geothermal research and development,                   ‘‘Navajo Nation’’ or ‘‘Nation’’ means a body
                                               systems.                                                and for other purposes; which was or-                  politic and federally recognized Indian na-
                                                 (15) Options for identifying and helping to           dered to lie on the table; as follows:                 tion, as published on the list established
                                               mitigate the security risks of 5th and future             At the end, add the following:                       under section 104(a) of the Federally Recog-
                                               generations wireless communications sys-                 TITLE IV—NAVAJO UTAH WATER RIGHTS                     nized Indian Tribe List Act of 1994 (25 U.S.C.
                                               tems and infrastructure that have security                              SETTLEMENT                             5131(a)), also known variously as the ‘‘Navajo




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                                               flaws or vulnerabilities, or are utilizing                                                                     Nation’’, the ‘‘Navajo Nation of Arizona, New
                                               equipment sourced from countries of con-                SEC. 4001. SHORT TITLE.                                Mexico, & Utah’’, and the ‘‘Navajo Nation of
                                               cern, and that have already been put in place            This title may be cited as the ‘‘Navajo               Indians’’ and other similar names, and in-
                                               within the systems and infrastructure of mu-            Utah Water Rights Settlement Act of 2020’’.            cludes all bands of Navajo Indians and chap-
                                               tual defense treaty allies, strategic partners,         SEC. 4002. PURPOSES.                                   ters of the Navajo Nation and all divisions,
                                               and other countries, when in the security in-             The purposes of this title are—                      agencies, officers, and agents thereof.
                                               terests of the United States.                             (1) to achieve a fair, equitable, and final             (9)     NAVAJO       WATER      DEVELOPMENT
                                                 (16) A description of the roles and respon-           settlement of all claims to water rights in            PROJECTS.—The term ‘‘Navajo water develop-
                                               sibilities of the appropriate executive branch          the State of Utah for—                                 ment projects’’ means projects for domestic




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                                               March 4, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                    S1503
                                               municipal water supply, including distribu-             an allotment shall be accounted for as a de-           together with any interest earned on those
                                               tion infrastructure, and agricultural water             pletion by the Navajo Nation for purposes of           amounts, for the purpose of carrying out this
                                               conservation, to be constructed, in whole or            depletion accounting under the agreement,              title.
                                               in part, using monies from the Navajo Water             including recognition of—                                (b) ACCOUNTS.—The Secretary shall estab-
                                               Development Projects Account.                             (A) any water use existing on an allotment           lish in the Trust Fund the following Ac-
                                                 (10) NAVAJO WATER RIGHTS.—The term                    as of the date of enactment of this Act and            counts:
                                               ‘‘Navajo water rights’’ means the Nation’s              as subsequently reflected in the hydro-                  (1) The Navajo Water Development
                                               water rights in Utah described in the agree-            graphic survey report referenced in section            Projects Account.
                                               ment and this title.                                    4007(b);                                                 (2) The Navajo OM&R Account.
                                                 (11) OM&R.—The term ‘‘OM&R’’ means op-                  (B) reasonable domestic and stock water
                                               eration, maintenance, and replacement.                                                                           (c) DEPOSITS.—The Secretary shall deposit
                                                                                                       uses put into use on an allotment; and
                                                 (12) PARTIES.—The term ‘‘parties’’ means                                                                     in the Trust Fund Accounts—
                                                                                                         (C) any allotment water rights that may be
                                               the Navajo Nation, the State, and the United                                                                     (1) in the Navajo Water Development
                                                                                                       decreed in the general stream adjudication
                                               States.                                                                                                        Projects Account, the amounts made avail-
                                                                                                       or other appropriate forum.
                                                 (13) RESERVATION.—The term ‘‘Reserva-                                                                        able pursuant to section 4007(a)(1); and
                                                                                                         (3) SATISFACTION OF ON-RESERVATION STATE
                                               tion’’ means, for purposes of the agreement                                                                      (2) in the Navajo OM&R Account, the
                                                                                                       LAW-BASED WATER RIGHTS.—Depletions re-
                                               and this title, the Reservation of the Navajo                                                                  amount made available pursuant to section
                                                                                                       sulting from the use of water on the Reserva-
                                               Nation in Utah as in existence on the date of                                                                  4007(a)(2).
                                                                                                       tion pursuant to State law-based water
                                               enactment of this Act and depicted on the               rights existing as of the date of enactment of           (d) MANAGEMENT AND INTEREST.—
                                               map attached to the agreement as Exhibit A,             this Act shall be accounted for as depletions            (1) MANAGEMENT.—Upon receipt and de-
                                               including any parcel of land granted out of             by the Navajo Nation for purposes of deple-            posit of the funds into the Trust Fund Ac-
                                               the public domain and held in trust by the              tion accounting under the agreement.                   counts, the Secretary shall manage, invest,
                                               United States entirely for the benefit of the             (4) IN GENERAL.—The Navajo water rights              and distribute all amounts in the Trust Fund
                                               Navajo Nation as of the enforceability date.            are ratified, confirmed, and declared to be            in a manner that is consistent with the in-
                                                 (14) SECRETARY.—The term ‘‘Secretary’’                valid.                                                 vestment authority of the Secretary under—
                                               means the Secretary of the United States                  (5) USE.—Any use of the Navajo water                   (A) the first section of the Act of June 24,
                                               Department of the Interior or a duly author-            rights shall be subject to the terms and con-          1938 (25 U.S.C. 162a);
                                               ized representative thereof.                            ditions of the agreement and this title.                 (B) the American Indian Trust Fund Man-
                                                 (15) STATE.—The term ‘‘State’’ means the                (6) CONFLICT.—In the event of a conflict be-         agement Reform Act of 1994 (25 U.S.C. 4001 et
                                               State of Utah and all officers, agents, depart-         tween the agreement and this title, the pro-           seq.); and
                                               ments, and political subdivisions thereof.              visions of this title shall control.                     (C) this section.
                                                 (16) UNITED STATES.—The term ‘‘United                   (b) TRUST STATUS OF NAVAJO WATER                       (2) INVESTMENT EARNINGS.—In addition to
                                               States’’ means the United States of America             RIGHTS.—The Navajo water rights—                       the deposits under subsection (c), any invest-
                                               and all departments, agencies, bureaus, offi-             (1) shall be held in trust by the United             ment earnings, including interest, credited
                                               cers, and agents thereof.                               States for the use and benefit of the Nation           to amounts held in the Trust Fund are au-
                                                 (17) UNITED STATES ACTING IN ITS TRUST CA-            in accordance with the agreement and this              thorized to be appropriated to be used in ac-
                                               PACITY.—The term ‘‘United States acting in                                                                     cordance with the uses described in sub-
                                                                                                       title; and
                                               its trust capacity’’ means the United States              (2) shall not be subject to forfeiture or            section (h).
                                               acting for the benefit of the Navajo Nation             abandonment.                                             (e) AVAILABILITY OF AMOUNTS.—Amounts
                                               or for the benefit of allottees.                          (c) AUTHORITY OF THE NATION.—                        appropriated to, and deposited in, the Trust
                                               SEC. 4004. RATIFICATION OF AGREEMENT.                     (1) IN GENERAL.—The Nation shall have the            Fund, including any investment earnings,
                                                 (a) APPROVAL BY CONGRESS.—Except to the               authority to allocate, distribute, and lease           shall be made available to the Nation by the
                                               extent that any provision of the agreement              the Navajo water rights for any use on the             Secretary beginning on the enforceability
                                               conflicts with this title, Congress approves,           Reservation in accordance with the agree-              date and subject to the uses and restrictions
                                               ratifies, and confirms the agreement (includ-           ment, this title, and applicable Tribal and            set forth in this section.
                                               ing any amendments to the agreement that                Federal law.
                                               are executed to make the agreement con-                                                                          (f) WITHDRAWALS.—
                                                                                                         (2) OFF-RESERVATION USE.—The Nation may                (1) WITHDRAWALS UNDER THE AMERICAN IN-
                                               sistent with this title).
                                                 (b) EXECUTION BY SECRETARY.—The Sec-                  allocate, distribute, and lease the Navajo             DIAN TRUST FUND MANAGEMENT REFORM ACT
                                               retary is authorized and directed to prompt-            water rights for off-Reservation use in ac-            OF 1994.—The Nation may withdraw any por-
                                               ly execute the agreement to the extent that             cordance with the agreement, subject to the            tion of the funds in the Trust Fund on ap-
                                               the agreement does not conflict with this               approval of the Secretary.                             proval by the Secretary of a tribal manage-
                                               title, including—                                         (3) ALLOTTEE WATER RIGHTS.—The Nation                ment plan submitted by the Nation in ac-
                                                 (1) any exhibits to the agreement requiring           shall not object in the general stream adju-           cordance with the American Indian Trust
                                               the signature of the Secretary; and                     dication or other applicable forum to the              Fund Management Reform Act of 1994 (25
                                                 (2) any amendments to the agreement nec-              quantification of reasonable domestic and              U.S.C. 4001 et seq.).
                                               essary to make the agreement consistent                 stock water uses on an allotment, and shall              (A) REQUIREMENTS.—In addition to the re-
                                               with this title.                                        administer any water use on the Reservation            quirements under the American Indian Trust
                                                 (c) ENVIRONMENTAL COMPLIANCE.—                        in accordance with applicable Federal law,             Fund Management Reform Act of 1994 (25
                                                 (1) IN GENERAL.—In implementing the                   including recognition of—                              U.S.C. 4001 et seq.), the Tribal management
                                               agreement and this title, the Secretary shall             (A) any water use existing on an allotment           plan under this paragraph shall require that
                                               comply with all applicable provisions of—               as of the date of enactment of this Act and            the Nation shall spend all amounts with-
                                                 (A) the Endangered Species Act of 1973 (16            as subsequently reflected in the hydro-                drawn from the Trust Fund and any invest-
                                               U.S.C. 1531 et seq.);                                   graphic survey report referenced in section            ment earnings accrued through the invest-
                                                 (B) the National Environmental Policy Act             4007(b);                                               ments under the Tribal management plan in
                                               of 1969 (42 U.S.C. 4321 et seq.); and                     (B) reasonable domestic and stock water              accordance with this title.
                                                 (C) all other applicable environmental laws           uses on an allotment; and                                (B) ENFORCEMENT.—The Secretary may
                                               and regulations.                                          (C) any allotment water rights decreed in            carry out such judicial and administrative
                                                 (2) EXECUTION OF THE AGREEMENT.—Execu-                the general stream adjudication or other ap-           actions as the Secretary determines to be
                                               tion of the agreement by the Secretary as               propriate forum.                                       necessary to enforce the Tribal management
                                               provided for in this title shall not constitute           (d) EFFECT.—Except as otherwise expressly            plan to ensure that amounts withdrawn by
                                               a major Federal action under the National               provided in this section, nothing in this              the Nation from the Trust Fund under this
                                               Environmental Policy Act of 1969 (42 U.S.C.             title—                                                 paragraph are used in accordance with this
                                               4321 et seq.).                                            (1) authorizes any action by the Nation              title.
                                               SEC. 4005. NAVAJO WATER RIGHTS.                         against the United States under Federal,                 (2) WITHDRAWALS UNDER EXPENDITURE
                                                 (a) CONFIRMATION OF NAVAJO                 WATER      State, Tribal, or local law; or                        PLAN.—The Nation may submit to the Sec-
                                               RIGHTS.—                                                  (2) alters or affects the status of any action       retary a request to withdraw funds from the
                                                 (1) QUANTIFICATION.—The Navajo      Nation            brought pursuant to section 1491(a) of title           Trust Fund pursuant to an approved expendi-
                                               shall have the right to use water from water            28, United States Code.                                ture plan.




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                                               sources located within Utah and adjacent to             SEC. 4006. NAVAJO TRUST ACCOUNTS.                        (A) REQUIREMENTS.—To be eligible to with-
                                               or encompassed within the boundaries of the               (a) ESTABLISHMENT.—The Secretary shall               draw funds under an expenditure plan under
                                               Reservation resulting in depletions not to              establish a trust fund, to be known as the             this paragraph, the Nation shall submit to
                                               exceed 81,500 acre-feet annually as described           ‘‘Navajo Utah Settlement Trust Fund’’ (re-             the Secretary for approval an expenditure
                                               in the agreement and as confirmed in the de-            ferred to in this title as the ‘‘Trust Fund’’),        plan for any portion of the Trust Fund that
                                               cree entered by the general stream adjudica-            to be managed, invested, and distributed by            the Nation elects to withdraw pursuant to
                                               tion court.                                             the Secretary and to remain available until            this paragraph, subject to the condition that
                                                 (2) SATISFACTION OF ALLOTTEE RIGHTS.—De-              expended, consisting of the amounts depos-             the funds shall be used for the purposes de-
                                               pletions resulting from the use of water on             ited in the Trust Fund under subsection (c),           scribed in this title.




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                                               S1504                                             CONGRESSIONAL RECORD — SENATE                                                          March 4, 2020
                                                 (B) INCLUSIONS.—An expenditure plan                   velopment Projects Account of the Trust                capacity as allottees), and the United States,
                                               under this paragraph shall include a descrip-           Fund established under section 4006(b)(1) in           acting as trustee for the Nation and mem-
                                               tion of the manner and purpose for which the            installments in each of the 3 years following          bers of the Nation (other than members in
                                               amounts proposed to be withdrawn from the               the execution of the agreement by the Sec-             their capacity as allottees), are authorized
                                               Trust Fund will be used by the Nation, in ac-           retary as provided for in subsection (b) of            and directed to execute a waiver and release
                                               cordance with subsections (c) and (h).                  section 4004.                                          of—
                                                 (C) APPROVAL.—On receipt of an expendi-                 (d) FLUCTUATION IN COSTS.—The amount                   (A) all claims for water rights within Utah
                                               ture plan under this paragraph, the Sec-                authorized to be appropriated under sub-               based on any and all legal theories that the
                                               retary shall approve the plan, if the Sec-              section (a) shall be increased or decreased, as        Navajo Nation or the United States acting in
                                               retary determines that the plan—                        appropriate, by such amounts as may be jus-            its trust capacity for the Nation, asserted, or
                                                 (i) is reasonable;                                    tified by reason of ordinary fluctuations in           could have asserted, at any time in any pro-
                                                 (ii) is consistent with, and will be used for,        costs occurring after the date of enactment            ceeding, including to the general stream ad-
                                               the purposes of this title; and                         of this Act as indicated by the Bureau of              judication, up to and including the enforce-
                                                 (iii) contains a schedule which described             Reclamation Construction Cost Index—Com-               ability date, except to the extent that such
                                               that tasks will be completed within 18                  posite Trend.                                          rights are recognized in the agreement and
                                               months of receipt of withdrawn amounts.                   (1) REPETITION.—The adjustment process               this title; and
                                                 (D) ENFORCEMENT.—The Secretary may                    under this subsection shall be repeated for              (B) all claims for damages, losses, or inju-
                                               carry out such judicial and administrative              each subsequent amount appropriated until              ries to water rights or claims of interference
                                               actions as the Secretary determines to be               the amount authorized, as adjusted, has been           with, diversion, or taking of water rights (in-
                                               necessary to enforce an expenditure plan to             appropriated.                                          cluding claims for injury to lands resulting
                                               ensure that amounts disbursed under this                  (2) PERIOD OF INDEXING.—The period of in-            from such damages, losses, injuries, inter-
                                               paragraph are used in accordance with this              dexing adjustment for any increment of                 ference with, diversion, or taking of water
                                               title.                                                  funding shall end on the date on which funds           rights) within Utah against the State, or any
                                                 (g) EFFECT OF TITLE.—Nothing in this title            are deposited into the Trust Fund.                     person, entity, corporation, or municipality,
                                               gives the Nation the right to judicial review           SEC. 4008. CONDITIONS PRECEDENT.                       that accrued at any time up to and including
                                               of a determination of the Secretary regard-               (a) IN GENERAL.—The waivers and release              the enforceability date.
                                               ing whether to approve a Tribal management                                                                       (b) CLAIMS BY THE NAVAJO NATION AGAINST
                                                                                                       contained in section 4009 shall become effec-          THE UNITED STATES.—The Navajo Nation, on
                                               plan or an expenditure plan except under                tive as of the date the Secretary causes to be         behalf of itself (including in its capacity as
                                               subchapter II of chapter 5, and chapter 7, of           published in the Federal Register a state-             allottee) and its members (other than mem-
                                               title 5, United States Code (commonly                   ment of findings that—                                 bers in their capacity as allottees), shall exe-
                                               known as the ‘‘Administrative Procedure                    (1) to the extent that the agreement con-           cute a waiver and release of—
                                               Act’’).                                                 flicts with the Act, the agreement has been              (1) all claims the Navajo Nation may have
                                                 (h) USES.—Amounts from the Trust Fund                 revised to conform with this title;                    against the United States relating in any
                                               shall be used by the Nation for the following              (2) the agreement, so revised, including            manner to claims for water rights in, or
                                               purposes:                                               waivers and releases of claims set forth in            water of, Utah that the United States acting
                                                 (1) The Navajo Water Development                      section 4009, has been executed by the par-            in its trust capacity for the Nation asserted,
                                               Projects Account shall be used to plan, de-             ties, including the United States;                     or could have asserted, in any proceeding, in-
                                               sign, and construct the Navajo water devel-                (3) Congress has fully appropriated, or the         cluding the general stream adjudication;
                                               opment projects and for the conduct of re-              Secretary has provided from other author-                (2) all claims the Navajo Nation may have
                                               lated activities, including to comply with              ized sources, all funds authorized under sub-          against the United States relating in any
                                               Federal environmental laws.                             section (a) of section 4007;                           manner to damages, losses, or injuries to
                                                 (2) The Navajo OM&R Account shall be                     (4) the State has enacted any necessary             water, water rights, land, or other resources
                                               used for the operation, maintenance, and re-            legislation and provided the funding required          due to loss of water or water rights (includ-
                                               placement of the Navajo water development               under the agreement and subsection (c) of              ing damages, losses, or injuries to hunting,
                                               projects.                                               section 4007; and                                      fishing, gathering, or cultural rights due to
                                                 (i) LIABILITY.—The Secretary and the Sec-                (5) the court has entered a final or inter-         loss of water or water rights; claims relating
                                               retary of the Treasury shall not be liable for          locutory decree that—                                  to interference with, diversion, or taking of
                                               the expenditure or investment of any                       (A) confirms the Navajo water rights con-           water; or claims relating to failure to pro-
                                               amounts withdrawn from the Trust Fund by                sistent with the agreement and this title;             tect, acquire, replace, or develop water or
                                               the Nation under subsection (f).                        and                                                    water rights) within Utah that first accrued
                                                 (j) NO PER CAPITA DISTRIBUTIONS.—No por-                 (B) with respect to the Navajo water                at any time up to and including the enforce-
                                               tion of the Trust Fund shall be distributed             rights, is final and nonappealable.                    ability date;
                                               on a per capita basis to any member of the                 (b) EXPIRATION DATE.—If all the conditions            (3) all claims the Nation may have against
                                               Nation.                                                 precedent described in subsection (a) have             the United States relating in any manner to
                                                 (k) EXPENDITURE REPORTS.—The Navajo                   not been fulfilled to allow the Secretary’s            the litigation of claims relating to the Na-
                                               Nation shall submit to the Secretary annu-              statement of findings to be published in the           tion’s water rights in proceedings in Utah;
                                               ally an expenditure report describing accom-            Federal Register by October 31, 2030—                  and
                                               plishments and amounts spent from use of                   (1) the agreement and this title, including           (4) all claims the Nation may have against
                                               withdrawals under a Tribal management                   waivers and releases of claims described in            the United States relating in any manner to
                                               plan or an expenditure plan as described in             those documents, shall no longer be effec-             the negotiation, execution, or adoption of
                                               this title.                                             tive;                                                  the agreement or this title.
                                               SEC. 4007. AUTHORIZATION OF APPROPRIATIONS.                (2) any funds that have been appropriated             (c) RESERVATION OF RIGHTS AND RETENTION
                                                 (a) AUTHORIZATION.—There are authorized               pursuant to section 4007 but not expended,             OF CLAIMS BY THE NAVAJO NATION AND THE
                                               to be appropriated to the Secretary—                    including any investment earnings on funds             UNITED STATES.—Notwithstanding the waiv-
                                                 (1) for deposit in the Navajo Water Devel-            that have been appropriated pursuant to                ers and releases authorized in this title, the
                                               opment Projects Account of the Trust Fund               such section, shall immediately revert to the          Navajo Nation, and the United States acting
                                               established     under    section    4006(b)(1),         general fund of the Treasury; and                      in its trust capacity for the Nation, retain—
                                               $198,300,000, which funds shall be retained                (3) any funds contributed by the State pur-           (1) all claims for injuries to and the en-
                                               until expended, withdrawn, or reverted to               suant to subsection (c) of section 4007 but            forcement of the agreement and the final or
                                               the general fund of the Treasury; and                   not expended shall be returned immediately             interlocutory decree entered in the general
                                                 (2) for deposit in the Navajo OM&R Ac-                to the State.                                          stream adjudication, through such legal and
                                               count of the Trust Fund established under                  (c) EXTENSION.—The expiration date set              equitable remedies as may be available in
                                               section 4006(b)(2), $11,100,000, which funds            forth in subsection (b) may be extended if             the decree court or the Federal District
                                               shall be retained until expended, withdrawn,            the Navajo Nation, the State, and the United           Court for the District of Utah;
                                               or reverted to the general fund of the Treas-           States (acting through the Secretary) agree              (2) all rights to use and protect water
                                               ury.                                                    that an extension is reasonably necessary.             rights acquired after the enforceability date;
                                                 (b) IMPLEMENTATION COSTS.—There is au-                SEC. 4009. WAIVERS AND RELEASES.                         (3) all claims relating to activities affect-
                                               thorized to be appropriated non-trust funds               (a) IN GENERAL.—                                     ing the quality of water, including any




SSpencer on DSKBBXCHB2PROD with SENATE
                                               in the amount of $1,000,000 to assist the                 (1) WAIVER AND RELEASE OF CLAIMS BY THE              claims under the Comprehensive Environ-
                                               United States with costs associated with the            NATION AND THE UNITED STATES ACTING IN ITS             mental Response, Compensation, and Liabil-
                                               implementation of the title, including the              CAPACITY AS TRUSTEE FOR THE NATION.—Sub-               ity Act of 1980 (42 U.S.C. 9601 et seq. (includ-
                                               preparation of a hydrographic survey of his-            ject to the retention of rights set forth in           ing claims for damages to natural re-
                                               toric and existing water uses on the Reserva-           subsection (c), in return for confirmation of          sources)), the Safe Drinking Water Act (42
                                               tion and on allotments.                                 the Navajo water rights and other benefits             U.S.C. 300f et seq.), and the Federal Water
                                                 (c) STATE COST SHARE.—The State shall                 set forth in the agreement and this title, the         Pollution Control Act (33 U.S.C. 1251 et seq.),
                                               contribute $8,000,000 payable to the Sec-               Nation, on behalf of itself and the members            the regulations implementing those Acts,
                                               retary for deposit into the Navajo Water De-            of the Nation (other than members in their             and the common law;




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                                               March 4, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                      S1505
                                                 (4) all claims for water rights, and claims           SEC. 4011. RELATION TO ALLOTTEES.                       amendment SA 1407 proposed by Ms.
                                               for injury to water rights, in states other               (a) NO EFFECT ON CLAIMS OF ALLOTTEES.—                MURKOWSKI to the bill S. 2657, to sup-
                                               than the State of Utah;                                 Nothing in this title or the agreement shall            port innovation in advanced geo-
                                                 (5) all claims, including environmental               affect the rights or claims of allottees, or the
                                               claims, under any laws (including regula-               United States, acting in its capacity as
                                                                                                                                                               thermal research and development, and
                                               tions and common law) relating to human                 trustee for or on behalf of allottees, for              for other purposes; which was ordered
                                               health, safety, or the environment; and                 water rights or damages related to lands al-            to lie on the table; as follows:
                                                 (6) all rights, remedies, privileges, immuni-         lotted by the United States to allottees, ex-             At the appropriate place in subtitle B of
                                               ties, and powers not specifically waived and            cept as provided in section 4005(a)(2).                 title I, insert the following:
                                               released pursuant to the agreement and this               (b)    RELATIONSHIP     OF      DECREE      TO        SEC. 12ll. BIOMASS DEMONSTRATION PROJECT
                                               title.                                                  ALLOTTEES.—Allottees, or the United States,                        MODIFICATIONS.
                                                 (d) EFFECT.—Nothing in the agreement or               acting in its capacity as trustee for                     (a)   TRIBAL   BIOMASS  DEMONSTRATION
                                               this title—                                             allottees, are not bound by any decree en-              PROJECT.—Section 3 of the Tribal Forest
                                                 (1) affects the ability of the United States          tered in the general stream adjudication                Protection Act of 2004 (25 U.S.C. 3115b note;
                                               acting in its sovereign capacity to take ac-            confirming the Navajo water rights and shall            Public Law 108–278) is amended—
                                               tions authorized by law, including any laws             not be precluded from making claims to                    (1) in subsection (a), by striking ‘‘fiscal
                                               relating to health, safety, or the environ-             water rights in the general stream adjudica-            years 2017 through 2021’’ and inserting ‘‘fiscal
                                               ment, including the Comprehensive Environ-              tion. Allottees, or the United States, acting           years 2019 through 2023’’; and
                                               mental Response, Compensation, and Liabil-              in its capacity as trustee for allottees, may             (2) in subsection (f), in the matter pre-
                                               ity Act of 1980 (42 U.S.C. 9601 et seq.), the           make claims and such claims may be adju-                ceding paragraph (1), by striking ‘‘2019’’ and
                                               Safe Drinking Water Act (42 U.S.C. 300f et              dicated as individual water rights in the gen-          inserting ‘‘2021’’.
                                               seq.), the Federal Water Pollution Control              eral stream adjudication.                                 (b) ALASKA NATIVE BIOMASS DEMONSTRA-
                                               Act (33 U.S.C. 1251 et seq.), the Solid Waste           SEC. 4012. ANTIDEFICIENCY.                              TION PROJECT.—Section 202(c) of the Indian
                                               Disposal Act (42 U.S.C. 6901 et seq.), and the            The United States shall not be liable for             Tribal Energy Development and Self-Deter-
                                               regulations implementing those laws;                    any failure to carry out any obligation or ac-          mination Act Amendments of 2017 (25 U.S.C.
                                                 (2) affects the ability of the United States          tivity authorized by this title (including any          3115b note; Public Law 115–325) is amended—
                                               to take actions in its capacity as trustee for          obligation or activity under the agreement)               (1) in paragraph (2), by striking ‘‘fiscal
                                               any other Indian Tribe or allottee;                     if adequate appropriations are not provided             years 2017 through 2021’’ and inserting ‘‘fiscal
                                                 (3) confers jurisdiction on any State court           expressly by Congress to carry out the pur-             years 2019 through 2023’’; and
                                               to—                                                     poses of this title.                                      (2) in paragraph (7), in the matter pre-
                                                 (A) interpret Federal law regarding health,
                                                                                                                                                               ceding subparagraph (A), by striking ‘‘2019’’
                                               safety, or the environment or determine the               SA 1512. Mr. HOEVEN submitted an                      and inserting ‘‘2021’’.
                                               duties of the United States or other parties            amendment intended to be proposed to
                                               pursuant to such Federal law; and                                                                                                 f
                                                 (B) conduct judicial review of Federal
                                                                                                       amendment SA 1407 proposed by Ms.
                                                                                                       MURKOWSKI to the bill S. 2657, to sup-                   AUTHORITY FOR COMMITTEES TO
                                               agency action; or
                                                 (4) modifies, conflicts with, preempts, or            port innovation in advanced geo-                                         MEET
                                               otherwise affects—                                      thermal research and development, and                     Mr. COTTON. Mr. President, I have
                                                 (A) the Boulder Canyon Project Act (43                for other purposes; which was ordered                   14 requests for committees to meet
                                               U.S.C. 617 et seq.);                                    to lie on the table; as follows:                        during today’s session of the Senate.
                                                 (B) the Boulder Canyon Project Adjust-                     At the end of title II, add the following:         They have the approval of the Majority
                                               ment Act (43 U.S.C. 618 et seq.);
                                                 (C) the Act of April 11, 1956 (commonly                            Subtitle D—Miscellaneous                   and Minority leaders.
                                               known as the ‘‘Colorado River Storage                   SEC. 24lll. DEPARTMENT OF THE INTERIOR                    Pursuant to rule XXVI, paragraph
                                               Project Act’’) (43 U.S.C. 620 et seq.);                            PILOT PROGRAM.                               5(a), of the Standing Rules of the Sen-
                                                 (D) the Colorado River Basin Project Act                (a) ESTABLISHMENT.—The Secretary of the               ate, the following committees are au-
                                               (43 U.S.C. 1501 et seq.);                               Interior, acting through the Director of the            thorized to meet during today’s session
                                                 (E) the Treaty between the United States              Bureau of Land Management (referred to in
                                                                                                                                                               of the Senate:
                                               of America and Mexico respecting utilization            this section as the ‘‘Director’’), shall estab-
                                                                                                       lish a pilot program in 1 State with at least                   COMMITTEE ON ARMED SERVICES
                                               of waters of the Colorado and Tijuana Rivers
                                               and of the Rio Grande, signed at Washington             2,000 oil and gas drilling spacing units (as de-          The Committee on Armed Services is
                                               February 3, 1944 (59 Stat. 1219);                       fined under State law), in which—                       authorized to meet during the session
                                                 (F) the Colorado River Compact of 1922, as              (1) 25 percent or less of the minerals are            of the Senate on Wednesday, March 4,
                                               approved by the Presidential Proclamation               owned or held in trust by the Federal Gov-              2020, at 10 a.m., to conduct a hearing.
                                               of June 25, 1929 (46 Stat. 3000); and                   ernment; and
                                                                                                                                                                       COMMITTEE ON ARMED SERVICES
                                                 (G) the Upper Colorado River Basin Com-                 (2) there is no surface land owned or held
                                               pact as consented to by the Act of April 6,             in trust by the Federal Government.                       The Committee on Armed Services is
                                               1949 (63 Stat. 31, chapter 48).                           (b) ACTIVITIES.—In carrying out the pilot             authorized to meet during the session
                                                 (e) TOLLING OF CLAIMS.—                               program, the Director shall identify and im-            of the Senate on Wednesday, March 4,
                                                 (1) IN GENERAL.—Each applicable period of             plement ways to streamline the review and               2020, at 2:30 p.m., to conduct a hearing.
                                               limitation and time-based equitable defense             approval of Applications for Permits to Drill
                                                                                                                                                                  COMMITTEE ON COMMERCE, SCIENCE, AND
                                               relating to a claim waived by the Navajo Na-            for oil and gas drilling spacing units of the
                                                                                                                                                                           TRANSPORTATION
                                               tion described in this section shall be tolled          State in order to achieve a processing time
                                               for the period beginning on the date of enact-          for those oil and gas drilling spacing units              The     Committee     on   Commerce,
                                               ment of this Act and ending on the enforce-             similar to that of spacing units that require           Science, and Transportation is author-
                                               ability date.                                           an Application for Permit to Drill and are              ized to meet during the session of the
                                                 (2) EFFECT OF SUBSECTION.—Nothing in this             not part of the pilot program in the same               Senate on Wednesday, March 4, 2020, at
                                               subsection revives any claim or tolls any pe-           State.                                                  10 a.m., to conduct a hearing.
                                               riod of limitation or time-based equitable de-            (c) FUNDING.—Beginning in fiscal year 2021,
                                                                                                                                                                  COMMITTEE ON ENVIRONMENT AND PUBLIC
                                               fense that expired before the date of enact-            and for a period of 3 years thereafter, to
                                                                                                                                                                                 WORKS
                                               ment of this Act.                                       carry out the pilot program efficiently, the
                                                 (3) LIMITATION.—Nothing in this section               Director may fund up to 10 full-time equiva-              The Committee on Environment and
                                               precludes the tolling of any period of limita-          lents at appropriate field offices.                     Public Works is authorized to meet
                                               tions or any time-based equitable defense                 (d) REPORT.—Not later than 4 years after              during the session of the Senate on
                                               under any other applicable law.                         the date of enactment of this Act, the Direc-           Wednesday, March 4, 2020, at 10 a.m., to
                                               SEC. 4010. MISCELLANEOUS PROVISIONS.                    tor shall submit to Congress a report on the            conduct a hearing.
                                                 (a) PRECEDENT.—Nothing in this title es-              results of the pilot program.
                                                                                                         (e) WAIVER.—The Secretary of the Interior                COMMITTEE ON HOMELAND SECURITY AND
                                               tablishes any standard for the quantification                                                                            GOVERNMENTAL AFFAIRS
                                               or litigation of Federal reserved water rights          may waive the requirement for an Applica-
                                                                                                                                                                 The Committee on Homeland Secu-




SSpencer on DSKBBXCHB2PROD with SENATE
                                               or any other Indian water claims of any                 tion for Permit to Drill if the Director deter-
                                               other Indian Tribe in any other judicial or             mines that the mineral interest of the                  rity and Governmental Affairs is au-
                                               administrative proceeding.                              United States in the spacing units in land              thorized to meet during the session of
                                                 (b) OTHER INDIAN TRIBES.—Nothing in the               covered by this section is adequately pro-              the Senate on Wednesday, March 4,
                                               agreement or this title shall be construed in           tected, if otherwise in accordance with appli-
                                                                                                                                                               2020, at 2:30 p.m., to conduct a hearing.
                                               any way to quantify or otherwise adversely              cable laws, regulations, and lease terms.
                                                                                                                                                                        COMMITTEE ON INDIAN AFFAIRS
                                               affect the water rights, claims, or entitle-
                                               ments to water of any Indian Tribe, band, or             SA 1513. Mr. HOEVEN submitted an                         The Committee on Indian Affairs is
                                               community, other than the Navajo Nation.                amendment intended to be proposed to                    authorized to meet during the session



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