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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“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/
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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
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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
SSpencer on DSKBBXCHB2PROD with SENATE
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:
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(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
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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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