Pandemic Darlings The pandemic economy, in original documents
Home Source documents H.R. 6074 Vote and American Energy Innovation Act of 2020 — Congressional Record, Senate, March 5, 2020

H.R. 6074 Vote and American Energy Innovation Act of 2020 — Congressional Record, Senate, March 5, 2020

Summary

A page of the Congressional Record, Senate, dated March 5, 2020, at page S1522, during the vote on the emergency coronavirus bill, H.R. 6074. The text includes an Administration request to let $535 million in Ebola funds go to the COVID-19 response, making $1.8 billion in new resources available. The bill is read the third time and passed on a roll call of YEAS 96 and NAYS 1, with Ms. Collins, Ms. Murkowski, Mr. Leahy and Mr. McConnell speaking. The page also holds a modified substitute amendment to the American Energy Innovation Act, amendment No. 1407, that accepts amendment No. 1419 by Ms. Ernst.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“H.R. 6074 Vote and American Energy Innovation Act of 2020 — Congressional Record, Senate, March 5, 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-03-05-crec-2020-03-05-pt1-pgs1522-c744e225b1/, SHA-256 ea81cf61bf2db030566baf7a3aa22609fe8ea493301ae785d0cd2025c7db3692.

Full text

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




dlhill on DSKBBY8HB2PROD with SENATE
                                                                                                                                                               SUBPART D—REBATES AND CERTIFICATIONS
                                                                                                       The amendment is withdrawn.
                                             objection?                                                                                                      Sec. 1041. Third-Party Certification Under
                                               Without objection, it is so ordered.                    The PRESIDING OFFICER. The Sen-
                                                                                                     ator from Alaska.                                                    Energy Star Program.
                                               Ms. COLLINS. Mr. President, I ask                                                                             Sec. 1042. Extended Product System Rebate
                                             for the yeas and nays.                                          AMENDMENT NO. 1407, AS MODIFIED
                                                                                                                                                                          Program.
                                               The PRESIDING OFFICER. Is there a                      Ms. MURKOWSKI. Mr. President, I                        Sec. 1043. Energy Efficient Transformer Re-
                                             sufficient second?                                      modify the substitute amendment No.                                  bate Program.




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00014   Fmt 4624   Sfmt 0655    E:\CR\FM\A05MR6.011   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                    S1523
                                                      SUBPART E—MISCELLANEOUS                        Sec. 1703. Authorization of appropriations.            Sec. 2304. 21st Century Energy Workforce
                                             Sec. 1051. State energy conservation plans.             Sec. 1704. Reporting.                                                Advisory Board.
                                             Sec. 1052. Report on electrochromic glass.              Sec. 1705. Vehicle research and development.           Sec. 2305. National Laboratory jobs access
                                             Sec. 1053. Advance appropriations required.             Sec. 1706. Medium- and heavy-duty commer-                            pilot program.
                                                                                                                   cial and transit vehicles pro-           Sec. 2306. Clean energy workforce pilot pro-
                                                       PART II—WEATHERIZATION
                                                                                                                   gram.                                                  gram.
                                             Sec. 1101. Weatherization Assistance Pro-               Sec. 1707. Class 8 truck and trailer systems           Sec. 2307. Energy-Ready Vets Program.
                                                           gram.                                                   demonstration.                           Sec. 2308. Wind workforce training grant
                                                    Subtitle B—Renewable Energy                      Sec. 1708. Technology testing and metrics.                           program.
                                             Sec. 1201. Hydroelectric production incen-              Sec. 1709. Nonroad systems pilot program.              Sec. 2309. Veterans in wind energy.
                                                           tives and efficiency improve-             Sec. 1710. Repeal of existing authorities.             Sec. 2310. Study and report on wind work-
                                                           ments.                                         Subtitle H—Department of Energy                                 force.
                                             Sec. 1202. Marine energy research and devel-            Sec. 1801. Veterans’ health initiative.                     TITLE III—CODE MAINTENANCE
                                                           opment.                                   Sec. 1802. Small scale LNG access.                     Sec. 3001. Repeal of off-highway motor vehi-
                                             Sec. 1203. Advanced geothermal innovation               Sec. 1803. Appalachian energy for national                           cles study.
                                                           leadership.                                             security.                                Sec. 3002. Repeal of methanol study.
                                             Sec. 1204. Wind energy research and develop-            Sec. 1804. Energy and water for sustain-               Sec. 3003. Repeal of state utility regulatory
                                                           ment.                                                   ability.                                               assistance.
                                             Sec. 1205. Solar energy research and devel-             Sec. 1805. Technology transitions.                     Sec. 3004. Repeal of authorization of appro-
                                                           opment.                                   Sec. 1806. Energy      Technology     Commer-                        priations provision.
                                                      Subtitle C—Energy Storage                                    cialization Fund cost-sharing.           Sec. 3005. Repeal of residential energy effi-
                                                                                                     Sec. 1807. State loan eligibility.                                   ciency standards study.
                                             Sec. 1301. Better energy storage technology.            Sec. 1808. ARPA–E reauthorization.
                                             Sec. 1302. Bureau of Reclamation pumped                                                                        Sec. 3006. Repeal of weatherization study.
                                                                                                     Sec. 1809. Adjusting strategic petroleum re-
                                                           storage hydropower develop-                                                                      Sec. 3007. Repeal of report to Congress.
                                                                                                                   serve mandated drawdowns.
                                                           ment.                                                                                            Sec. 3008. Repeal of survey of energy saving
                                                                                                     Sec. 1810. Western Area Power Administra-
                                                                                                                                                                          potential.
                                             Subtitle D—Carbon Capture, Utilization, and                           tion pilot project.
                                                                                                                                                            Sec. 3009. Repeal of report by General Serv-
                                                                 Storage                             Sec. 1811. Timing for distribution of finan-
                                                                                                                                                                          ices Administration.
                                             Sec. 1401. Fossil energy.                                             cial assistance under the State
                                                                                                                                                            Sec. 3010. Repeal of intergovernmental en-
                                             Sec. 1402. Establishment of coal and natural                          energy program.
                                                                                                                                                                          ergy management planning and
                                                           gas technology program.                   Sec. 1812. Established Program to Stimulate
                                                                                                                                                                          coordination workshops.
                                             Sec. 1403. Carbon storage validation and                              Competitive Research.
                                                                                                     Sec. 1813. Bakken and Three Forks natural              Sec. 3011. Repeal of Inspector General audit
                                                           testing.                                                                                                       survey and President’s Council
                                             Sec. 1404. Carbon utilization program.                                gas liquids report.
                                                                                                     Sec. 1814. Wind Blade Recycling Prize Com-                           on Integrity and Efficiency re-
                                             Sec. 1405. Carbon removal.                                                                                                   port to Congress.
                                                                                                                   petition.
                                                          Subtitle E—Nuclear                                                                                Sec. 3012. Repeal of procurement and identi-
                                                                                                        TITLE II—SUPPLY CHAIN SECURITY                                    fication of energy efficient
                                             Sec. 1501. Light water reactor sustainability
                                                           program.                                          Subtitle A—Mineral Security                                  products program.
                                             Sec. 1502. Nuclear energy research, develop-            Sec. 2101. Mineral security.                           Sec. 3013. Repeal of photovoltaic energy pro-
                                                           ment, and demonstration.                  Sec. 2102. Rare earth element advanced coal                          gram.
                                             Sec. 1503. Advanced fuels development.                                technologies.                            Sec. 3014. Repeal of national action plan for
                                             Sec. 1504. Nuclear science and engineering              Sec. 2103. Monitoring mineral investments                            demand response.
                                                           support.                                                under Belt and Road Initiative           Sec. 3015. Repeal of energy auditor training
                                             Sec. 1505. University Nuclear Leadership                              of People’s Republic of China.                         and certification.
                                                           Program.                                  Subtitle B—Cybersecurity and Grid Security             Sec. 3016. Repeal of national coal policy
                                             Sec. 1506. Versatile, reactor-based fast neu-                         and Modernization                                      study.
                                                           tron source.                              PART I—CYBERSECURITY AND GRID SECURITY                 Sec. 3017. Repeal of study on compliance
                                             Sec. 1507. Advanced nuclear reactor research                                                                                 problem of small electric util-
                                                                                                     Sec. 2201. Incentives for advanced cybersecu-                        ity systems.
                                                           and development goals.                                  rity technology investment.
                                             Sec. 1508. Nuclear energy strategic plan.                                                                      Sec. 3018. Repeal of study of socioeconomic
                                                                                                     Sec. 2202. Rural and municipal utility ad-                           impacts of increased coal pro-
                                             Sec. 1509. Advanced nuclear fuel security                             vanced cybersecurity grant and
                                                           program.                                                                                                       duction and other energy devel-
                                                                                                                   technical assistance program.                          opment.
                                             Sec. 1510. International nuclear energy co-             Sec. 2203. State energy security plans.
                                                           operation.                                                                                       Sec. 3019. Repeal of study of the use of pe-
                                                                                                     Sec. 2204. Enhancing grid security through
                                             Sec. 1511. Integrated      Energy     Systems                                                                                troleum and natural gas in
                                                                                                                   public-private partnerships.
                                                           Program.                                                                                                       combustors.
                                                                                                     Sec. 2205. Enhanced grid security.
                                                                                                                                                            Sec. 3020. Repeal of authorization of appro-
                                                  Subtitle F—Industrial Technologies                        PART II—GRID MODERNIZATION                                    priations.
                                                          PART I—INNOVATION                          Sec. 2210. Grid storage program.                       Sec. 3021. Repeal of submission of reports.
                                             Sec. 1601. Purpose.                                     Sec. 2211. Technology demonstration on the             Sec. 3022. Repeal of electric utility con-
                                             Sec. 1602. Coordination of research and de-                           distribution system.                                   servation plan.
                                                           velopment of energy efficient             Sec. 2212. Micro-grid and hybrid micro-grid            Sec. 3023. Emergency Energy Conservation
                                                           technologies for industry.                              systems program.                                       repeals.
                                             Sec. 1603. Industrial emissions reduction               Sec. 2213. Electric grid architecture, sce-            Sec. 3024. Energy Security Act repeals.
                                                           technology development pro-                             nario development, and mod-              Sec. 3025. Nuclear Safety Research, Develop-
                                                           gram.                                                   eling.                                                 ment, and Demonstration Act
                                             Sec. 1604. Industrial Technology Innovation             Sec. 2214. Voluntary model pathways.                                 of 1980 repeals.
                                                           Advisory Committee.                       Sec. 2215. Performance metrics for elec-               Sec. 3026. Repeal of Renewable Energy and
                                             Sec. 1605. Technical assistance program to                            tricity infrastructure providers.                      Energy Efficiency Technology
                                                           implement industrial emissions            Sec. 2216. Voluntary State, regional, and                            Competitiveness Act of 1989.
                                                           reduction.                                              local electricity distribution           Sec. 3027. Repeal of hydrogen research, de-
                                                                                                                   planning.                                              velopment, and demonstration
                                                   PART II—SMART MANUFACTURING                       Sec. 2217. Authorization of appropriations.                          program.
                                             Sec. 1611. Definitions.                                 Sec. 2218. Study on the implementation of              Sec. 3028. Repeal of study on alternative fuel
                                             Sec. 1612. Development of national smart                              microgrids in wildfire risk                            use in nonroad vehicles and en-
                                                           manufacturing plan.                                     areas.                                                 gines.
                                             Sec. 1613. Leveraging existing agency pro-              Sec. 2219. Net metering study and evalua-              Sec. 3029. Repeal of low interest loan pro-
                                                           grams to assist small and me-                           tion.                                                  gram for small business fleet
                                                           dium manufacturers.                           Subtitle C—Workforce Development                                 purchases.
                                             Sec. 1614. Leveraging smart manufacturing
                                                                                                     Sec. 2301. Definitions.                                Sec. 3030. Repeal of technical and policy




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




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00015   Fmt 4624   Sfmt 0655   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1524                                             CONGRESSIONAL RECORD — SENATE                                                         March 5, 2020
                                             Sec. 3033. Repeal of 1994 report on global cli-           (2) is required to be publicly available on            (B) the cost-effectiveness of the use of en-
                                                           mate change emissions.                    the internet under State and local govern-             ergy-efficiency materials;
                                             Sec. 3034. Repeal of telecommuting study.               ment building energy disclosure laws (in-                (C) an effective plan for evaluation, meas-
                                             Sec. 3035. Repeal of advanced buildings for             cluding regulations); and                              urement, and verification of energy savings;
                                                           2005 program.                               (3) includes information on private sector           and
                                             Sec. 3036. Repeal of Energy Research, Devel-            buildings that are not less than 250,000                 (D) the financial need of the applicant.
                                                           opment, Demonstration, and                square feet.                                             (4) LIMITATION ON INDIVIDUAL GRANT
                                                           Commercial Application Advi-                (d) PROTECTION OF INFORMATION.—In car-               AMOUNT.—Each grant awarded under this sec-
                                                           sory Board.                               rying out the agreement, the Administrator             tion shall not exceed $200,000.
                                             Sec. 3037. Repeal of study on use of energy             and the Administrator of the Environmental               (d) REPORT.—Not later than January 1,
                                                           futures for fuel purchase.                Protection Agency shall protect information            2023, the Secretary shall submit to Congress
                                             Sec. 3038. Repeal of energy subsidy study.                                                                     a report on the pilot program established
                                                                                                     in accordance with—
                                             Sec. 3039. Elimination and consolidation of                                                                    under subsection (b) that describes—
                                                                                                       (1) section 552(b)(4) of title 5, United States
                                                           certain America COMPETES                                                                           (1) the net reduction in energy use and en-
                                                                                                     Code (commonly known as the ‘Freedom of
                                                           programs.                                                                                        ergy costs under the pilot program; and
                                             Sec. 3040. Repeal of prior limitation on com-           Information Act’);
                                                                                                       (2) subchapter III of chapter 35 of title 44,          (2) for each recipient of a grant under the
                                                           pensation of the Secretary of                                                                    pilot program—
                                                           the Interior.                             United States Code; and
                                                                                                       (3) any other applicable law (including reg-           (A) the geographic location of the recipi-
                                             SEC. 2. DEFINITIONS.
                                                                                                     ulations).                                             ent; and
                                               In this Act:                                                                                                   (B) the size of the organization of the re-
                                               (1) DEPARTMENT.—The term ‘‘Department’’               SEC.   1002.   ENERGY EFFICIENCY         MATERIALS
                                                                                                                    PILOT PROGRAM.                          cipient.
                                             means the Department of Energy.                                                                                  (e) AUTHORIZATION OF APPROPRIATIONS.—
                                               (2) NATIONAL LABORATORY.—The term ‘‘Na-                 (a) DEFINITIONS.—In this section:
                                                                                                                                                            There is authorized to be appropriated to
                                             tional Laboratory’’ has the meaning given                 (1) APPLICANT.—The term ‘‘applicant’’
                                                                                                                                                            carry out this section $10,000,000 for each of
                                             the term in section 2 of the Energy Policy              means a nonprofit organization that applies
                                                                                                                                                            fiscal years 2021 through 2025, to remain
                                             Act of 2005 (42 U.S.C. 15801).                          for a grant under this section.
                                                                                                                                                            available until expended.
                                               (3) SECRETARY.—Unless otherwise specified,              (2) ENERGY-EFFICIENCY MATERIAL.—
                                                                                                                                                            SEC. 1003. COORDINATION OF ENERGY RETRO-
                                             the term ‘‘Secretary’’ means the Secretary                (A) IN GENERAL.—The term ‘‘energy-effi-                          FITTING ASSISTANCE FOR SCHOOLS.
                                             of Energy.                                              ciency material’’ means a material (includ-              (a) DEFINITION OF SCHOOL.—In this section,
                                                         TITLE I—INNOVATION                          ing a product, equipment, or system) the in-           the term ‘‘school’’ means—
                                                                                                     stallation of which results in a reduction in            (1) an elementary school or secondary
                                                          Subtitle A—Efficiency                      use by a nonprofit organization of energy or
                                                    PART I—ENERGY SAVINGS AND                                                                               school (as defined in section 8101 of the Ele-
                                                                                                     fuel.                                                  mentary and Secondary Education Act of
                                                   INDUSTRIAL COMPETITIVENESS                          (B) INCLUSIONS.—The term ‘‘energy-effi-              1965 (20 U.S.C. 7801));
                                                          Subpart A—Buildings                        ciency material’’ includes—                              (2) an institution of higher education (as
                                                 CHAPTER 1—BUILDING EFFICIENCY                         (i) a roof or lighting system or component           defined in section 102(a) of the Higher Edu-
                                             SEC. 1001. COMMERCIAL BUILDING ENERGY CON-              of the system;                                         cation Act of 1965 (20 U.S.C. 1002(a)));
                                                         SUMPTION INFORMATION SHARING.                 (ii) a window;                                         (3) a school of the defense dependents’ edu-
                                               (a) IN GENERAL.—Not later than 120 days                 (iii) a door, including a security door;             cation system under the Defense Dependents’
                                             after the date of enactment of this Act, the              (iv) a heating, ventilation, or air condi-           Education Act of 1978 (20 U.S.C. 921 et seq.)
                                             Administrator of the Energy Information                 tioning system or component of the system              or established under section 2164 of title 10,
                                             Administration (referred to in this section as          (including insulation and wiring and plumb-            United States Code;
                                             the ‘‘Administrator’’) and the Administrator            ing improvements needed to serve a more ef-              (4) a school operated by the Bureau of In-
                                             of the Environmental Protection Agency                  ficient system); and                                   dian Education;
                                             shall sign, and submit to Congress, an infor-             (v) a renewable energy generation or heat-             (5) a tribally controlled school (as defined
                                             mation sharing agreement (referred to in                ing system, including a solar, photovoltaic,           in section 5212 of the Tribally Controlled
                                             this section as the ‘‘agreement’’) relating to          wind, geothermal, or biomass (including                Schools Act of 1988 (25 U.S.C. 2511)); and
                                             commercial building energy consumption                  wood pellet) system or component of the sys-             (6) a Tribal College or University (as de-
                                             data.                                                   tem.                                                   fined in section 316(b) of the Higher Edu-
                                               (b) CONTENT OF AGREEMENT.—The agree-                    (3) NONPROFIT BUILDING.—                             cation Act of 1965 (20 U.S.C. 1059c(b))).
                                             ment shall—                                               (A) IN GENERAL.—The term ‘‘nonprofit                   (b) DESIGNATION OF LEAD AGENCY.—The
                                               (1) provide that the Administrator shall              building’’ means a building operated and               Secretary, acting through the Office of En-
                                             have access to building-specific data in the            owned by an organization that is described             ergy Efficiency and Renewable Energy, shall
                                             Portfolio Manager database of the Environ-              in section 501(c)(3) of the Internal Revenue           act as the lead Federal agency for coordi-
                                             mental Protection Agency;                               Code of 1986 and exempt from tax under sec-            nating and disseminating information on ex-
                                               (2) describe the manner in which the Ad-              tion 501(a) of such Code.                              isting Federal programs and assistance that
                                             ministrator shall incorporate appropriate                 (B) INCLUSIONS.—The term ‘‘nonprofit                 may be used to help initiate, develop, and fi-
                                             data (including the data described in sub-              building’’ includes a building described in            nance energy efficiency, renewable energy,
                                             section (c)) into any Commercial Buildings              subparagraph (A) that is—                              and energy retrofitting projects for schools.
                                             Energy Consumption Survey (referred to in                 (i) a hospital;                                        (c) REQUIREMENTS.—In carrying out coordi-
                                             this section as ‘‘CBECS’’) published after the            (ii) a youth center;                                 nation and outreach under subsection (b),
                                             date of enactment of this Act for the purpose             (iii) a school;                                      the Secretary shall—
                                             of analyzing and estimating building popu-                (iv) a social-welfare program facility;                (1) in consultation and coordination with
                                             lation, size, location, activity, energy usage,           (v) a faith-based organization; or                   the appropriate Federal agencies, carry out a
                                             and any other relevant building char-                     (vi) any other nonresidential and non-               review of existing programs and financing
                                             acteristic; and                                         commercial structure.                                  mechanisms (including revolving loan funds
                                               (3) describe and compare—                               (b) ESTABLISHMENT.—Not later than 1 year             and loan guarantees) available in or from the
                                               (A) the methodologies that the Energy In-             after the date of enactment of this Act, the           Department of Agriculture, the Department,
                                             formation Administration, the Environ-                  Secretary shall establish a pilot program to           the Department of Education, the Depart-
                                             mental Protection Agency, and State and                 award grants for the purpose of providing              ment of the Treasury, the Internal Revenue
                                             local government managers use to maximize               nonprofit buildings with energy-efficiency             Service, the Environmental Protection
                                             the quality, reliability, and integrity of data         materials.                                             Agency, and other appropriate Federal agen-
                                             collected through CBECS, the Portfolio Man-               (c) GRANTS.—                                         cies with jurisdiction over energy financing
                                             ager database of the Environmental Protec-                (1) IN GENERAL.—The Secretary may award              and facilitation that are currently used or
                                             tion Agency, and State and local building en-           grants under the program established under             may be used to help initiate, develop, and fi-
                                             ergy disclosure laws (including regulations),           subsection (b).                                        nance energy efficiency, renewable energy,
                                             respectively, and the manner in which those               (2) APPLICATION.—The Secretary may                   and energy retrofitting projects for schools;
                                             methodologies can be improved; and                      award a grant under paragraph (1) if an ap-              (2) establish a Federal cross-departmental
                                               (B) consistencies and variations in data for          plicant submits to the Secretary an applica-           collaborative coordination, education, and
                                             buildings that were captured in the 2012                tion at such time, in such form, and con-              outreach effort to streamline communica-
                                             CBECS cycle and in the Portfolio Manager                taining such information as the Secretary              tion and promote available Federal opportu-




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




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00016   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                    S1525
                                               (B) to form partnerships with Governors,                 (C) the installation of renewable energy            1965 (20 U.S.C. 7801)) using data from the
                                             State energy programs, local educational, fi-           technologies      (such    as    wind    power,        schools that feed into the high school); or
                                             nancial, and energy officials, State and local          photovoltaics, solar thermal systems, geo-               (B) with a participating local educational
                                             government officials, nonprofit organiza-               thermal energy, hydrogen-fueled systems,               agency designated with a school district lo-
                                             tions, and other appropriate entities, to sup-          biomass-based systems, biofuels, anaerobic             cale code of 41, 42, or 43, as determined by
                                             port the initiation of the projects;                    digesters, and hydropower) that provide                the National Center for Education Statistics
                                               (3) provide technical assistance for States,          power to a school;                                     in consultation with the Bureau of the Cen-
                                             local educational agencies, and schools to                 (D) the installation of zero-emissions vehi-        sus.
                                             help develop and finance energy efficiency,             cle infrastructure on school grounds for ex-             (e) COMPETITIVE CRITERIA.—The competi-
                                             renewable energy, and energy retrofitting               clusive use of school buses, school fleets, or         tive criteria used by the Secretary to award
                                             projects—                                               students, or for the general public; and               grants under this section shall include the
                                               (A) to increase the energy efficiency of                 (E) the purchase or lease of zero-emissions         following:
                                             buildings or facilities;                                vehicles, including school buses, fleet vehi-            (1) The difference between the fiscal capac-
                                               (B) to install systems that individually              cles, and other operational vehicles.                  ity of the eligible entity to carry out, and
                                             generate energy from renewable energy re-                  (3) LOCAL EDUCATIONAL AGENCY.—The term              the needs of the partnering local educational
                                             sources;                                                ‘‘local educational agency’’ has the meaning           agency for, energy improvements at school
                                               (C) to establish partnerships to leverage             given the term in section 8101 of the Elemen-          facilities, including—
                                             economies of scale and additional financing             tary and Secondary Education Act of 1965 (20             (A) the current and historic ability of the
                                             mechanisms available to larger clean energy             U.S.C. 7801).                                          partnering local educational agency to raise
                                             initiatives; or                                            (4) PARTNERING LOCAL EDUCATIONAL AGEN-              funds for construction, renovation, mod-
                                               (D) to promote—                                       CY.—The term ‘‘partnering local educational            ernization, and major repair projects for
                                               (i) the maintenance of health, environ-               agency’’, when used with respect to an eligi-          schools;
                                             mental quality, and safety in schools, includ-          ble entity, means the local educational agen-            (B) whether the partnering local edu-
                                             ing the ambient air quality, through energy             cy participating in the eligible entity.               cational agency has been able to issue bonds
                                             efficiency, renewable energy, and energy ret-              (5) ZERO-EMISSIONS VEHICLE INFRASTRUC-              or receive other funds to support current in-
                                                                                                     TURE.—The term ‘‘zero-emissions vehicle in-            frastructure needs of the partnering local
                                             rofit projects; and
                                                                                                     frastructure’’ means infrastructure used to            educational agency; and
                                               (ii) the achievement of expected energy
                                                                                                     charge or fuel—                                          (C) the bond rating of the partnering local
                                             savings and renewable energy production
                                                                                                        (A) a zero-emission vehicle (as defined in          educational agency.
                                             through proper operations and maintenance
                                                                                                     section 88.102–94 of title 40, Code of Federal           (2) The likelihood that the partnering local
                                             practices;
                                                                                                     Regulations (or successor regulation)); or             educational agency or eligible entity will
                                               (4) develop and maintain a single online re-
                                                                                                        (B) a vehicle that does not produce exhaust         maintain in good condition, and operate, the
                                             source website with contact information for
                                                                                                     emissions of any criteria pollutant (or pre-           energy improvements at any facility the im-
                                             relevant technical assistance and support
                                                                                                     cursor pollutant) or greenhouse gas under              provement of which is assisted.
                                             staff in the Office of Energy Efficiency and
                                                                                                     any possible operational modes or condi-                 (3) The potential energy, health, and safety
                                             Renewable Energy for States, local edu-
                                                                                                     tions.                                                 benefits from the proposed energy improve-
                                             cational agencies, and schools to effectively
                                                                                                        (b) AUTHORITY.—From amounts made                    ments, considering factors including the de-
                                             access and use Federal opportunities and as-
                                                                                                     available for grants under this section, the           gree of efficiency, energy savings, and renew-
                                             sistance described in paragraph (1) to de-
                                                                                                     Secretary shall award competitive grants to            able energy generation in proportion to
                                             velop energy efficiency, renewable energy,
                                                                                                     eligible entities to make energy improve-              school facility size and usage.
                                             and energy retrofitting projects; and                                                                            (f) USE OF GRANT AMOUNTS.—
                                                                                                     ments authorized by this section.
                                               (5) establish a process for recognition of               (c) APPLICATIONS.—                                    (1) IN GENERAL.—An eligible entity receiv-
                                             schools that—                                              (1) IN GENERAL.—An eligible entity desiring         ing a grant under this section shall use the
                                               (A) have successfully implemented energy              a grant under this section shall submit to             grant amounts only to make the energy im-
                                             efficiency, renewable energy, and energy ret-           the Secretary an application at such time, in          provements described in the application,
                                             rofitting projects; and                                 such manner, and containing such informa-              subject to the other provisions of this sub-
                                               (B) are willing to serve as resources for             tion as the Secretary may require.                     section.
                                             other local educational agencies and schools               (2) CONTENTS.—The application submitted               (2) OPERATION AND MAINTENANCE TRAIN-
                                             to assist initiation of similar efforts.                under paragraph (1) shall include each of the          ING.—An eligible entity receiving a grant
                                               (d) REPORT.—Not later than 180 days after             following:                                             under this section may use not more than 5
                                             the date of enactment of this Act, the Sec-                (A) A needs assessment of the current con-          percent of the grant amounts for operation
                                             retary shall submit to Congress a report de-            dition of the school and facilities that are to        and maintenance training for energy effi-
                                             scribing the implementation of this section.            receive the energy improvements.                       ciency and renewable energy improvements
                                             SEC. 1004. GRANTS FOR ENERGY EFFICIENCY IM-                (B) A draft work plan of what the eligible          (such as maintenance staff and teacher
                                                         PROVEMENTS AND RENEWABLE EN-                entity proposes to achieve at the school and           training, education, and preventative main-
                                                         ERGY IMPROVEMENTS AT PUBLIC                 a description of the energy improvements to            tenance training).
                                                         SCHOOL FACILITIES.                                                                                   (3) AUDIT.—An eligible entity receiving a
                                                                                                     be carried out.
                                               (a) DEFINITIONS.—In this section:                        (C) A description of the capacity of the eli-       grant under this section may use funds under
                                               (1) ELIGIBLE ENTITY.—The term ‘‘eligible              gible entity to provide services and com-              the grant for a third-party investigation and
                                             entity’’ means a consortium of—                         prehensive support to make the energy im-              analysis for energy improvements (such as
                                               (A) 1 local educational agency; and                   provements.                                            energy audits and existing building commis-
                                               (B) 1 or more—                                           (D) An assessment of the applicant’s ex-            sioning).
                                               (i) schools;                                          pected needs of the eligible entity for oper-            (4) CONTINUING EDUCATION.—An eligible en-
                                               (ii) nonprofit organizations;                         ation and maintenance training funds, and a            tity receiving a grant under this section may
                                               (iii) for-profit organizations; or                    plan for use of those funds, if any.                   use not more than 3 percent of the grant
                                               (iv) community partners that have the                    (E) An assessment of the expected energy,           amounts to develop a continuing education
                                             knowledge and capacity to partner and assist            safety, and health benefits of the energy im-          curriculum relating to energy improve-
                                             with energy improvements.                               provements.                                            ments.
                                               (2) ENERGY IMPROVEMENT.—The term ‘‘en-                   (F) A lifecycle cost estimate of the pro-             (g) CONTRACTING REQUIREMENTS.—
                                             ergy improvement’’ means—                               posed energy improvements.                               (1) DAVIS-BACON.—Any laborer or mechanic
                                               (A) any improvement, repair, renovation,                 (G) An identification of other resources            employed by any contractor or subcon-
                                             or installation to a school, including school           that are available to carry out the activities         tractor in the performance of work on any
                                             grounds, that will result in a direct reduc-            for which funds are requested under this sec-          energy improvements funded by a grant
                                             tion in school energy costs, including im-              tion, including the availability of utility            under this section shall be paid wages at
                                             provements to building envelope, air condi-             programs and public benefit funds.                     rates not less than those prevailing on simi-
                                             tioning, ventilation, heating system, domes-               (d) PRIORITY.—In awarding grants under              lar construction in the locality as deter-
                                             tic hot water heating, compressed air sys-              this section, the Secretary shall give a pri-          mined by the Secretary of Labor under sub-
                                             tems, distribution systems, lighting, power             ority to eligible entities—                            chapter IV of chapter 31 of title 40, United
                                             systems, and controls;                                     (1) that have renovation, repair, and im-           States Code (commonly referred to as the
                                               (B) any improvement, repair, renovation,              provement funding needs; and                           ‘‘Davis-Bacon Act’’).
                                             or installation that—                                      (2)(A) that serve a high percentage, as de-           (2) COMPETITION.—Each eligible entity re-




dlhill on DSKBBY8HB2PROD with SENATE
                                               (i) leads to an improvement in teacher and            termined by the Secretary, of students who             ceiving a grant under this section shall en-
                                             student health, including indoor air quality,           are eligible for a free or reduced price lunch         sure that, if the eligible entity uses grant
                                             daylighting, ventilation, electrical lighting,          under the Richard B. Russell National                  funds to carry out repair or renovation
                                             green roofs, outdoor gardens, and acoustics;            School Lunch Act (42 U.S.C. 1751 et seq.)              through a contract, any such contract proc-
                                             and                                                     (which may be calculated for students in a             ess—
                                               (ii) results in a reduction in school energy          high school (as defined by section 8101 of the           (A) ensures the maximum number of quali-
                                             costs as described in subparagraph (A);                 Elementary and Secondary Education Act of              fied bidders, including small, minority, and




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00017   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1526                                             CONGRESSIONAL RECORD — SENATE                                                         March 5, 2020
                                             women-owned businesses, through full and                (4), to compose an appropriately diverse set           ing each from an appropriate range of build-
                                             open competition; and                                   of smart buildings based on size, type, and            ing sizes, types, and geographic locations.
                                               (B) gives priority to businesses located in,          geographic location.                                     (3) EVALUATION.—Using the guidelines of
                                             or resources common to, the State or the                  (B) INCLUSION OF COMMERCIALLY OPERATED               the Federal Energy Management Program
                                             geographical area in which the project is               BUILDINGS.—In making selections under sub-             relating to whole-building evaluation, meas-
                                             carried out.                                            paragraph (A), the Secretary may include               urement, and verification, the Secretary
                                               (h) REPORTING.—Each eligible entity re-               buildings that are owned by the Federal Gov-           shall evaluate the costs and benefits of the
                                             ceiving a grant under this section shall sub-           ernment but are commercially operated.                 buildings selected under paragraph (1), in-
                                             mit to the Secretary, at such time as the                 (C) INCLUSION OF MULTIFAMILY BUILDINGS               cluding an identification of—
                                             Secretary may require, a report describing              PARTICIPATING      IN   FEDERAL    ASSISTANCE     OR     (A) which advanced building technologies
                                             the use of such funds for energy improve-               LOAN GUARANTEE PROGRAMS.—In making se-                 and systems—
                                             ments, the estimated cost savings realized              lections under subparagraph (A), the Sec-                (i) are most cost-effective; and
                                             by those energy improvements, the results of            retary may include—                                      (ii) show the most promise for—
                                             any audit, the use of any utility programs                 (i) a multifamily building in a public hous-          (I) increasing building energy savings;
                                             and public benefit funds, and the use of per-           ing project;                                             (II) increasing service performance to
                                             formance tracking for energy improvements.                 (ii) a multifamily building in a multi-             building occupants;
                                               (i) BEST PRACTICES.—                                  family housing project receiving rental as-              (III) reducing environmental impacts; and
                                               (1) IN GENERAL.—The Secretary shall de-               sistance under subsection (b) of section 8 of            (IV) establishing cybersecurity; and
                                             velop and publish guidelines and best prac-             the United States Housing Act of 1937 (42                (B) any other information the Secretary
                                             tices for activities carried out under this sec-        U.S.C. 1437f) that is attached to the structure        determines to be appropriate.
                                             tion.                                                   pursuant to subsection (d)(2) of such section            (d) LEVERAGING EXISTING PROGRAMS.—
                                               (2) DEVELOPMENT.—In carrying out para-                8; and                                                   (1) BETTER BUILDING CHALLENGE.—As part
                                             graph (1), the Secretary shall—                            (iii) a multifamily building for which the          of the Better Building Challenge of the De-
                                               (A) establish minimum technical require-              mortgage secured by the building is guaran-            partment, the Secretary, in consultation
                                             ments for the conduct of energy audits and              teed by the Department of Housing and                  with major private sector property owners,
                                             indoor environmental quality assessments;               Urban Development.                                     shall develop smart building accelerators to
                                             and                                                        (3) TARGETS.—Not later than 18 months               demonstrate innovative policies and ap-
                                               (B) make publicly accessible on the                   after the date of enactment of this Act, the           proaches that will accelerate the transition
                                             website of the Department a brief annual re-            Secretary shall establish targets for the              to smart buildings in the public, institu-
                                             port on the implementation of this section.             number of smart buildings to be commis-                tional, and commercial buildings sectors.
                                               (3) TECHNICAL ASSISTANCE.—The Secretary               sioned and evaluated by key Federal agen-                (2) RESEARCH AND DEVELOPMENT.—
                                             may provide technical assistance to eligible            cies by 3 years and 6 years after the date of            (A) IN GENERAL.—The Secretary shall con-
                                             entities to implement the guidelines and                enactment of this Act.                                 duct research and development to address
                                             best practices developed under paragraph (1).              (4) FEDERAL AGENCY DESCRIBED.—The key               key barriers to the integration of advanced
                                               (j) AUTHORIZATION OF APPROPRIATIONS.—                 Federal agencies referred to in paragraph              building technologies and to accelerate the
                                             There are authorized to be appropriated to              (2)(A) shall include buildings operated by—            transition to smart buildings.
                                             carry out this section $100,000,000 for each of            (A) the Department of the Army;                       (B) INCLUSION.—The research and develop-
                                             fiscal years 2021 through 2025.                            (B) the Department of the Navy;                     ment conducted under subparagraph (A)
                                             SEC. 1005. SMART BUILDING ACCELERATION.                    (C) the Department of the Air Force;                shall include research and development on—
                                               (a) DEFINITIONS.—In this section:                        (D) the Department;                                   (i) achieving whole-building, systems-level
                                               (1) PROGRAM.—The term ‘‘program’’ means                  (E) the Department of the Interior;                 efficiency through smart system and compo-
                                             the Federal Smart Building Program estab-                  (F) the Department of Veterans Affairs;             nent integration;
                                             lished under subsection (b)(1).                            (G) the General Services Administration;              (ii) improving physical components, such
                                               (2) SMART BUILDING.—The term ‘‘smart                  and                                                    as sensors and controls, to be adaptive, an-
                                             building’’ means a building, or collection of              (H) the Department of Housing and Urban             ticipatory, and networked;
                                             buildings, with an energy system that—                  Development.                                             (iii) reducing the cost of key components
                                               (A) is flexible and automated;                           (5) REQUIREMENT.—In implementing the                to accelerate the adoption of smart building
                                               (B) has extensive operational monitoring              program, the Secretary shall leverage exist-           technologies;
                                             and communication connectivity, allowing                ing financing mechanisms including energy                (iv) data management, including the cap-
                                             remote monitoring and analysis of all build-            savings performance contracts, utility en-             ture and analysis of data and the interoper-
                                             ing functions;                                          ergy service contracts, and annual appro-              ability of the energy systems;
                                               (C) takes a systems-based approach in inte-           priations.                                               (v) in consultation with the Cybersecurity
                                             grating the overall building operations for                (6) EVALUATION.—Using the guidelines of             and Infrastructure Security Agency of the
                                             control of energy generation, consumption,              the Federal Energy Management Program                  Department of Homeland Security, pro-
                                             and storage;                                            relating to whole-building evaluation, meas-           tecting against cybersecurity threats and ad-
                                               (D) communicates with utilities and other             urement, and verification, the Secretary               dressing security vulnerabilities of building
                                             third-party commercial entities, if appro-              shall evaluate the costs and benefits of the           systems or equipment;
                                             priate;                                                 buildings selected under paragraph (2), in-              (vi) business models, including how busi-
                                               (E) protects the health and safety of occu-           cluding an identification of—                          ness models may limit the adoption of smart
                                             pants and workers; and                                     (A) which advanced building technologies—           building technologies and how to support
                                               (F) is cybersecure.                                      (i) are most cost-effective; and                    transactive energy;
                                               (3) SMART BUILDING ACCELERATOR.—The                      (ii) show the most promise for—                       (vii) integration and application of com-
                                             term ‘‘smart building accelerator’’ means an               (I) increasing building energy savings;             bined heat and power systems and energy
                                             initiative that is designed to demonstrate                 (II) increasing service performance to              storage for resiliency;
                                             specific innovative policies and approaches—            building occupants;                                      (viii) characterization of buildings and
                                               (A) with clear goals and a clear timeline;               (III) reducing environmental impacts; and           components;
                                             and                                                        (IV) establishing cybersecurity; and                  (ix) consumer and utility protections;
                                               (B) that, on successful demonstration,                   (B) any other information the Secretary               (x) continuous management, including the
                                             would accelerate investment in energy effi-             determines to be appropriate.                          challenges of managing multiple energy sys-
                                             ciency.                                                    (7) AWARDS.—The Secretary may expand                tems and optimizing systems for disparate
                                               (b) FEDERAL SMART BUILDING PROGRAM.—                  awards made under the Federal Energy Man-              stakeholders; and
                                               (1) ESTABLISHMENT.—Not later than 1 year              agement Program and the Better Building                  (xi) other areas of research and develop-
                                             after the date of enactment of this Act, the            Challenge to recognize specific agency                 ment, as determined appropriate by the Sec-
                                             Secretary shall, in consultation with the Ad-           achievements in accelerating the adoption of           retary.
                                             ministrator of General Services and the Sec-            smart building technologies.
                                                                                                                                                              (e) REPORT.—Not later than 2 years after
                                             retary of Homeland Security, as appropriate,               (c) SURVEY OF PRIVATE SECTOR SMART
                                             establish a program to be known as the                  BUILDINGS.—                                            the date of enactment of this Act, and every
                                             ‘‘Federal Smart Building Program’’—                        (1) SURVEY.—The Secretary shall conduct a           2 years thereafter until a total of 3 reports
                                               (A) to implement smart building tech-                 survey of privately owned smart buildings              have been made, the Secretary shall submit
                                             nology; and                                             throughout the United States, including                to the Committees on Energy and Natural




dlhill on DSKBBY8HB2PROD with SENATE
                                               (B) to demonstrate the costs and benefits             commercial buildings, laboratory facilities,           Resources, Commerce, Science, and Trans-
                                             of smart buildings.                                     hospitals, multifamily residential buildings,          portation, and Homeland Security and Gov-
                                               (2) SELECTION.—                                       and buildings owned by nonprofit organiza-             ernmental Affairs of the Senate and the
                                               (A) IN GENERAL.—The Secretary shall co-               tions and institutions of higher education.            Committees on Energy and Commerce,
                                             ordinate the selection of not fewer than 1                 (2) SELECTION.—From among the smart                 Science, Space, and Technology, and Home-
                                             building from among each of several key                 buildings surveyed under paragraph (1), the            land Security of the House of Representa-
                                             Federal agencies, as described in paragraph             Secretary shall select not fewer than 1 build-         tives a report on—




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00018   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                    S1527
                                               (1) the establishment of the Federal Smart              (b) ESTABLISHMENT.—The Secretary shall                 ‘‘(B) an industrial research and assessment
                                             Building Program and the evaluation of Fed-             award grants to eligible entities to pay the           center at a trade school, community college,
                                             eral smart buildings under subsection (b);              Federal share of associated career skills              or union training program that is funded by
                                               (2) the survey and evaluation of private              training programs under which students con-            the Secretary under subsection (f).
                                             sector smart buildings under subsection (c);            currently receive classroom instruction and              ‘‘(b) INSTITUTION OF HIGHER EDUCATION-
                                             and                                                     on-the-job training for the purpose of obtain-         BASED INDUSTRIAL RESEARCH AND ASSESS-
                                               (3) any recommendations of the Secretary              ing an industry-related certification to in-           MENT CENTERS.—
                                             to further accelerate the transition to smart           stall energy efficient buildings technologies.           ‘‘(1) IN GENERAL.—The Secretary shall pro-
                                             buildings.                                                (c) FEDERAL SHARE.—The Federal share of              vide funding to institution of higher edu-
                                                CHAPTER 2—WORKER TRAINING AND                        the cost of carrying out a career skills train-        cation-based industrial research and assess-
                                                         CAPACITY BUILDING                           ing program described in subsection (a) shall          ment centers.
                                             SEC. 1011. BUILDING TRAINING AND ASSESS-                be 50 percent.                                           ‘‘(2) PURPOSE.—The purpose of each insti-
                                                        MENT CENTERS.                                  (d) AUTHORIZATION OF APPROPRIATIONS.—                tution of higher education-based industrial
                                               (a) IN GENERAL.—The Secretary shall pro-              There is authorized to be appropriated to              research and assessment center shall be—
                                             vide grants to institutions of higher edu-              carry out this section $10,000,000, to remain            ‘‘(A) to identify opportunities for opti-
                                             cation (as defined in section 101 of the Higher         available until expended.                              mizing energy efficiency and environmental
                                             Education Act of 1965 (20 U.S.C. 1001)) and                  Subpart B—Industrial Efficiency and               performance, including implementation of—
                                             Tribal Colleges or Universities (as defined in                         Competitiveness                           ‘‘(i) smart manufacturing;
                                             section 316(b) of that Act (20 U.S.C. 1059c(b)))                                                                 ‘‘(ii) energy management systems;
                                                                                                     SEC. 1021. PURPOSES.                                     ‘‘(iii) sustainable manufacturing; and
                                             to establish building training and assess-
                                                                                                       The purposes of this subpart are—                      ‘‘(iv) information technology advance-
                                             ment centers—
                                                                                                       (1) to establish a clear and consistent au-          ments for supply chain analysis, logistics,
                                               (1) to identify opportunities for optimizing
                                                                                                     thority for industrial efficiency programs of          system monitoring, industrial and manufac-
                                             energy efficiency and environmental per-
                                                                                                     the Department;                                        turing processes, and other purposes;
                                             formance in buildings;
                                                                                                       (2) to accelerate the deployment of tech-              ‘‘(B) to promote applications of emerging
                                               (2) to promote the application of emerging
                                                                                                     nologies and practices that will increase in-          concepts and technologies in small- and me-
                                             concepts and technologies in commercial and
                                                                                                     dustrial energy efficiency and improve pro-            dium-sized manufacturers (including water
                                             institutional buildings;
                                               (3) to train engineers, architects, building          ductivity;                                             and wastewater treatment facilities and fed-
                                             scientists, building energy permitting and                (3) to accelerate the development and dem-           erally owned manufacturing facilities);
                                             enforcement officials, and building techni-             onstration of technologies that will assist              ‘‘(C) to promote research and development
                                             cians in energy-efficient design and oper-              the deployment goals of the industrial effi-           for the use of alternative energy sources to
                                             ation;                                                  ciency programs of the Department and in-              supply heat, power, and new feedstocks for
                                               (4) to assist institutions of higher edu-             crease manufacturing efficiency;                       energy-intensive industries;
                                             cation and Tribal Colleges or Universities in             (4) to stimulate domestic economic growth              ‘‘(D) to coordinate with appropriate Fed-
                                             training building technicians;                          and improve industrial productivity and                eral and State research offices;
                                               (5) to promote research and development               competitiveness;                                         ‘‘(E) to provide a clearinghouse for indus-
                                             for the use of alternative energy sources and             (5) to meet the future workforce needs of            trial process and energy efficiency technical
                                             distributed generation to supply heat and               industry; and                                          assistance resources; and
                                             power for buildings, particularly energy-in-              (6) to strengthen partnerships between                 ‘‘(F) to coordinate with State-accredited
                                             tensive buildings; and                                  Federal and State governmental agencies                technical training centers and community
                                               (6) to coordinate with and assist State-ac-           and the private and academic sectors.                  colleges, while ensuring appropriate services
                                             credited technical training centers, commu-             SEC. 1022. FUTURE OF INDUSTRY PROGRAM AND              to all regions of the United States.
                                             nity colleges, Tribal Colleges or Universities,                     INDUSTRIAL RESEARCH AND AS-                  ‘‘(c) COORDINATION.—To increase the value
                                                                                                                 SESSMENT CENTERS.                          and capabilities of the industrial research
                                             and local offices of the National Institute of
                                             Food and Agriculture and ensure appropriate               (a) FUTURE OF INDUSTRY PROGRAM.—Sec-                 and assessment centers, the centers shall—
                                             services are provided under this section to             tion 452 of the Energy Independence and Se-              ‘‘(1) coordinate with Manufacturing Exten-
                                             each region of the United States.                       curity Act of 2007 (42 U.S.C. 17111) is amend-         sion Partnership Centers of the National In-
                                               (b) COORDINATION AND NONDUPLICATION.—                 ed—                                                    stitute of Standards and Technology;
                                               (1) IN GENERAL.—The Secretary shall co-                 (1) by striking the section heading and in-            ‘‘(2) coordinate with the Federal Energy
                                             ordinate the program with the industrial re-            serting the following: ‘‘FUTURE OF INDUSTRY            Management Program and the Building
                                             search and assessment centers program and               PROGRAM’’;                                             Technologies Program of the Department of
                                             with other Federal programs to avoid dupli-               (2) in subsection (a)(2)—                            Energy to provide building assessment serv-
                                             cation of effort.                                         (A) by redesignating subparagraph (E) as             ices to manufacturers;
                                               (2) COLLOCATION.—To the maximum extent                subparagraph (F); and                                    ‘‘(3) increase partnerships with the Na-
                                             practicable, building, training, and assess-              (B) by inserting after subparagraph (D) the          tional Laboratories of the Department of En-
                                             ment centers established under this section             following:                                             ergy to leverage the expertise, technologies,
                                             shall be collocated with Industrial Assess-               ‘‘(E) water and wastewater treatment fa-             and research and development capabilities of
                                             ment Centers.                                           cilities, including systems that treat munic-          the National Laboratories for national in-
                                               (c) AUTHORIZATION OF APPROPRIATIONS.—                 ipal, industrial, and agricultural waste;              dustrial and manufacturing needs;
                                             There is authorized to be appropriated to               and’’;                                                   ‘‘(4) increase partnerships with energy
                                             carry out this section $10,000,000, to remain             (3) by striking subsection (e); and                  service providers and technology providers
                                             available until expended.                                 (4) by redesignating subsection (f) as sub-          to leverage private sector expertise and ac-
                                             SEC. 1012. CAREER SKILLS TRAINING.                      section (e).                                           celerate deployment of new and existing
                                               (a) DEFINITION OF ELIGIBLE ENTITY.—In this              (b) INDUSTRIAL RESEARCH AND ASSESSMENT               technologies and processes for energy effi-
                                             section, the term ‘‘eligible entity’’ means a           CENTERS.—Subtitle D of title IV of the En-             ciency, power factor, and load management;
                                             nonprofit partnership that—                             ergy Independence and Security Act of 2007               ‘‘(5) identify opportunities for reducing
                                               (1) includes the equal participation of in-           (42 U.S.C. 17111 et seq.) is amended by adding         greenhouse gas emissions and other air emis-
                                             dustry, including public or private employ-             at the end the following:                              sions; and
                                             ers, and labor organizations, including joint           ‘‘SEC. 454. INDUSTRIAL RESEARCH AND ASSESS-              ‘‘(6) promote sustainable manufacturing
                                             labor-management training programs;                                   MENT CENTERS.                            practices for small- and medium-sized manu-
                                               (2) may include workforce investment                     ‘‘(a) DEFINITIONS.—In this section:                 facturers.
                                             boards,    community-based      organizations,             ‘‘(1) ENERGY SERVICE PROVIDER.—The term               ‘‘(d) OUTREACH.—The Secretary shall pro-
                                             qualified service and conservation corps,               ‘energy service provider’ means—                       vide funding for—
                                             educational institutions, small businesses,               ‘‘(A) any business providing technology or             ‘‘(1) outreach activities by the industrial
                                             cooperatives, State and local veterans agen-            services to improve the energy efficiency,             research and assessment centers to inform
                                             cies, and veterans service organizations; and           water efficiency, power factor, or load man-           small- and medium-sized manufacturers of
                                               (3) demonstrates—                                     agement of a manufacturing site or other in-           the information, technologies, and services
                                               (A) experience in implementing and oper-              dustrial process in an energy-intensive in-            available; and
                                             ating worker skills training and education              dustry (as defined in section 452(a)); and               ‘‘(2) coordination activities by each indus-
                                             programs;                                                 ‘‘(B) any utility operating under a utility          trial research and assessment center to le-
                                               (B) the ability to identify and involve in            energy service project.                                verage efforts with—




dlhill on DSKBBY8HB2PROD with SENATE
                                             training programs carried out under this sec-             ‘‘(2) INDUSTRIAL RESEARCH AND ASSESSMENT               ‘‘(A) Federal and State efforts;
                                             tion, target populations of individuals who             CENTER.—The term ‘industrial research and                ‘‘(B) the efforts of utilities and energy
                                             would benefit from training and be actively             assessment center’ means—                              service providers;
                                             involved in activities relating to energy effi-           ‘‘(A) an institution of higher education-              ‘‘(C) the efforts of regional energy effi-
                                             ciency and renewable energy industries; and             based industrial research and assessment               ciency organizations; and
                                               (C) the ability to help individuals achieve           center that is funded by the Secretary under             ‘‘(D) the efforts of other industrial re-
                                             economic self-sufficiency.                              subsection (b); and                                    search and assessment centers.




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00019   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1528                                             CONGRESSIONAL RECORD — SENATE                                                           March 5, 2020
                                               ‘‘(e) CENTERS OF EXCELLENCE.—                           ‘‘(2)   APPRENTICESHIPS.—The        Secretary        ergy security, microgrids, and district en-
                                               ‘‘(1) ESTABLISHMENT.—The Secretary shall              shall pay the Federal share of associated ap-          ergy; and
                                             establish a Center of Excellence at not more            prenticeship programs under which—                        ‘‘(B) provide project-specific support to
                                             than 5 of the highest-performing industrial               ‘‘(A) students work with or for industries,          building and industrial professionals through
                                             research and assessment centers, as deter-              manufacturers, and energy service providers            economic and engineering assessments and
                                             mined by the Secretary.                                 to implement the recommendations of indus-             advisory activities.
                                               ‘‘(2) DUTIES.—A Center of Excellence shall            trial research and assessment centers; and                ‘‘(2) FUNDING FOR CERTAIN ACTIVITIES.—
                                             coordinate with and advise the industrial re-             ‘‘(B) employees of facilities that have re-             ‘‘(A) IN GENERAL.—The Program shall
                                             search and assessment centers located in the            ceived an assessment from an industrial re-            make funds available to institutions of high-
                                             region of the Center of Excellence, includ-             search and assessment center work with or              er education, research centers, and other ap-
                                             ing—                                                    for an industrial research and assessment              propriate institutions to ensure the contin-
                                               ‘‘(A) by mentoring new directors and staff            center to gain knowledge on engineering                ued operation and effectiveness of regional
                                             of the industrial research and assessment               practices and processes to improve produc-             CHP Technical Assistance Partnerships.
                                             centers with respect to—                                tivity and energy savings.                                ‘‘(B) USE OF FUNDS.—Funds made available
                                               ‘‘(i) the availability of resources; and                ‘‘(3) FEDERAL SHARE.—The Federal share of            under subparagraph (A) may be used—
                                               ‘‘(ii) best practices for carrying out assess-        the cost of carrying out internship programs              ‘‘(i) to research, develop, and distribute in-
                                             ments, including through the participation              described in paragraph (1) and apprenticeship          formational materials relevant to manufac-
                                             of the staff of the Center of Excellence in as-         programs described in paragraph (2) shall be           turers, commercial buildings, institutional
                                             sessments carried out by new industrial re-             50 percent.                                            facilities, and Federal sites;
                                             search and assessment centers;                            ‘‘(h) SMALL BUSINESS LOANS.—The Admin-                  ‘‘(ii) to support the mission goals of the
                                               ‘‘(B) by providing training to staff and stu-         istrator of the Small Business Administra-             Department of Defense relating to CHP and
                                             dents at the industrial research and assess-            tion shall, to the maximum extent prac-                microgrid technologies;
                                             ment centers on new technologies, practices,            ticable, expedite consideration of applica-               ‘‘(iii) to continuously maintain and up-
                                             and tools to expand the scope and impact of             tions from eligible small business concerns            date—
                                             the assessments carried out by the centers;             for loans under the Small Business Act (15                ‘‘(I) the CHP installation database;
                                               ‘‘(C) by assisting the industrial research            U.S.C. 631 et seq.) to implement rec-                     ‘‘(II) CHP technology potential analyses;
                                             and assessment centers with specialized                 ommendations developed by the industrial                  ‘‘(III) State CHP resource websites; and
                                             technical opportunities, including by pro-              research and assessment centers.                          ‘‘(IV) CHP Technical Assistance Partner-
                                             viding a clearinghouse of available expertise             ‘‘(i) FUNDING.—There is authorized to be             ships websites;
                                             and tools to assist the centers and clients of          appropriated to the Secretary to carry out                ‘‘(iv) to research, develop, and conduct
                                             the centers in assessing and implementing               this section $30,000,000 for each fiscal year, to      workshops, reports, seminars, internet pro-
                                             those opportunities;                                    remain available until expended.’’.                    grams, CHP resiliency resources, and other
                                               ‘‘(D) by identifying and coordinating with              (c) CLERICAL AMENDMENT.—The table of                 activities to provide education to end users,
                                             regional, State, local, and utility energy effi-        contents of the Energy Independence and Se-            regulators, and stakeholders in a manner
                                             ciency programs for the purpose of facili-              curity Act of 2007 (42 U.S.C. prec. 17001) is          that leads to the deployment of CHP tech-
                                             tating efforts by industrial research and as-           amended by adding at the end of the items              nologies;
                                             sessment centers to connect industrial facili-          relating to subtitle D of title IV the fol-               ‘‘(v) to provide or coordinate onsite assess-
                                             ties receiving assessments from those cen-              lowing:                                                ments for sites and enterprises that may
                                             ters with regional, State, local, and utility
                                                                                                     ‘‘Sec. 454. Industrial research and assess-            consider deployment of CHP technology;
                                             energy efficiency programs that could aid
                                                                                                                   ment centers.’’.                            ‘‘(vi) to identify candidates for deployment
                                             the industrial facilities in implementing any
                                                                                                     SEC. 1023. CHP TECHNICAL ASSISTANCE PART-              of CHP technologies, hybrid renewable-CHP
                                             recommendations resulting from the assess-
                                                                                                                 NERSHIP PROGRAM.                           technologies, microgrids, and clean energy;
                                             ments;
                                                                                                       (a) IN GENERAL.—Section 375 of the Energy               ‘‘(vii) to provide nonbiased engineering
                                               ‘‘(E) by facilitating coordination between
                                                                                                     Policy and Conservation Act (42 U.S.C. 6345)           support to sites considering deployment of
                                             the industrial research and assessment cen-
                                                                                                     is amended to read as follows:                         CHP technologies;
                                             ters and other Federal programs described in
                                                                                                     ‘‘SEC. 375. CHP TECHNICAL ASSISTANCE PART-                ‘‘(viii) to assist organizations developing
                                             paragraphs (1) through (3) of subsection (c);
                                                                                                                   NERSHIP PROGRAM.                         clean energy technologies and policies in
                                             and
                                                                                                        ‘‘(a) RENAMING.—                                    overcoming barriers to deployment; and
                                               ‘‘(F) by coordinating the outreach activi-
                                                                                                        ‘‘(1) IN GENERAL.—The Clean Energy Appli-              ‘‘(ix) to assist with field validation and
                                             ties of the industrial research and assess-
                                                                                                     cation Centers of the Department of Energy             performance evaluations of CHP and other
                                             ment centers under subsection (d)(1).
                                                                                                     are redesignated as the CHP Technical As-              clean energy technologies implemented.
                                               ‘‘(3) FUNDING.—Subject to the availability
                                                                                                     sistance Partnership Program (referred to in              ‘‘(C) DURATION.—The Program shall make
                                             of appropriations, for each fiscal year, out of
                                                                                                     this section as the ‘Program’).                        funds available under subparagraph (A) for a
                                             any amounts made available to carry out
                                                                                                       ‘‘(2) PROGRAM DESCRIPTION.—The Program               period of 5 years.
                                             this section under subsection (i), the Sec-
                                                                                                     shall consist of—                                         ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
                                             retary shall use not less than $500,000 to sup-
                                                                                                       ‘‘(A) the 10 regional CHP Technical Assist-          There is authorized to be appropriated to
                                             port each Center of Excellence.
                                               ‘‘(f) EXPANSION OF INDUSTRIAL RESEARCH                ance Partnerships in existence on the date of          carry out this section $12,000,000 for each of
                                             AND ASSESSMENT CENTERS.—                                enactment of the American Energy Innova-               fiscal years 2021 through 2025.’’.
                                               ‘‘(1) IN GENERAL.—The Secretary shall pro-            tion Act of 2020;                                         (b)     CONFORMING     AMENDMENT.—Section
                                             vide funding to establish additional indus-               ‘‘(B) any other regional CHP Technical As-           372(g) of the Energy Policy and Conservation
                                             trial research and assessment centers at                sistance Partnerships as the Secretary may             Act (42 U.S.C. 6342(g)) is amended by striking
                                             trade schools, community colleges, and                  establish; and                                         ‘‘Clean Energy Applications Center operated
                                             union training programs.                                  ‘‘(C) any supporting technical activities            by the Secretary of Energy’’ and inserting
                                               ‘‘(2) PURPOSE.—                                       under the Technical Partnership Program of             ‘‘regional CHP Technical Assistance Part-
                                               ‘‘(A) IN GENERAL.—Subject to subparagraph             the Advanced Manufacturing Office of the               nerships’’.
                                                                                                     Department of Energy.                                     (c) CLERICAL AMENDMENT.—The table of
                                             (B), to the maximum extent practicable, an
                                                                                                       ‘‘(3) REFERENCES.—Any reference in any               contents of the Energy Policy and Conserva-
                                             industrial research and assessment center es-
                                                                                                     law, rule, regulation, or publication to a             tion Act (Public Law 94–163; 89 Stat. 872; 92
                                             tablished under paragraph (1) shall have the
                                                                                                     Combined Heat and Power Application Cen-               Stat. 3272) is amended by striking the item
                                             same purpose as an institution of higher edu-
                                                                                                     ter or a Clean Energy Application Center               relating to section 375 and inserting the fol-
                                             cation-based industrial research center that
                                                                                                     shall be deemed to be a reference to the Pro-          lowing:
                                             is funded by the Secretary under subsection
                                             (b)(1).                                                 gram.                                                  ‘‘Sec. 375. CHP Technical Assistance Part-
                                               ‘‘(B) CONSIDERATION OF CAPABILITIES.—In                 ‘‘(b) CHP TECHNICAL ASSISTANCE PARTNER-                              nership Program.’’.
                                             evaluating or establishing the purpose of an            SHIP PROGRAM.—                                         SEC. 1024. SUSTAINABLE MANUFACTURING INI-
                                             industrial research and assessment center es-             ‘‘(1) IN GENERAL.—The Program shall—                             TIATIVE.
                                             tablished under paragraph (1), the Secretary              ‘‘(A) operate programs to encourage de-                (a) IN GENERAL.—Part E of title III of the
                                             shall take into consideration the varying ca-           ployment of combined heat and power, waste             Energy Policy and Conservation Act (42
                                             pabilities of trade schools, community col-             heat to power, and efficient district energy           U.S.C. 6341 et seq.) is amended by adding at
                                             leges, and union training programs.                     (collectively referred to in this subsection as        the end the following:
                                               ‘‘(g) WORKFORCE TRAINING.—                            ‘CHP’) technologies by providing education             ‘‘SEC. 376. SUSTAINABLE MANUFACTURING INI-




dlhill on DSKBBY8HB2PROD with SENATE
                                               ‘‘(1) INTERNSHIPS.—The Secretary shall pay            and outreach—                                                       TIATIVE.
                                             the Federal share of associated internship                ‘‘(i) to building, industrial, and electric             ‘‘(a) IN GENERAL.—As part of the Office of
                                             programs under which students work with or              and natural gas utility professionals;                 Energy Efficiency and Renewable Energy of
                                             for industries, manufacturers, and energy                 ‘‘(ii) to State and local policymakers; and          the Department of Energy, the Secretary, on
                                             service providers to implement the rec-                   ‘‘(iii) to other individuals and organiza-           the request of a manufacturer, shall carry
                                             ommendations of industrial research and as-             tions with an interest in efficient energy use,        out onsite technical assessments to identify
                                             sessment centers.                                       local or opportunity fuel use, resiliency, en-         opportunities for—




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00020   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                                   S1529
                                               ‘‘(1) maximizing the energy efficiency of               (6) enhance foundational knowledge needed                   Subpart C—Federal Agency Energy
                                             industrial processes and cross-cutting sys-             for low-emission combustion systems that                                Efficiency
                                             tems;                                                   can work in high-pressure, high-temperature            SEC. 1031. ENERGY AND WATER PERFORMANCE
                                               ‘‘(2) preventing pollution and minimizing             environments required for high-efficiency                          REQUIREMENTS   FOR   FEDERAL
                                             waste;                                                  cycles;                                                            BUILDINGS.
                                               ‘‘(3) improving efficient use of water in               (7) increase operational flexibility by re-            (a) IN GENERAL.—Section 543 of the Na-
                                             manufacturing processes;                                ducing turbine start-up times and improving            tional Energy Conservation Policy Act (42
                                               ‘‘(4) conserving natural resources; and               the ability to accommodate flexible power              U.S.C. 8253) is amended—
                                               ‘‘(5) achieving such other goals as the Sec-          demand; and                                               (1) in the section heading, by inserting
                                             retary determines to be appropriate.                      (8) include any other elements necessary to          ‘‘AND WATER’’ after ‘‘ENERGY’’;
                                               ‘‘(b) COORDINATION.—To implement any                  achieve the goals described in subsection (c),            (2) by striking subsection (a) and inserting
                                             recommendations resulting from an onsite                as determined by the Secretary in consulta-            the following:
                                             technical assessment carried out under sub-             tion with private industry.                               ‘‘(a) ENERGY AND WATER PERFORMANCE RE-
                                             section (a) and to accelerate the adoption of             (c) PROGRAM GOALS.—                                  QUIREMENTS FOR FEDERAL BUILDINGS.—
                                             new and existing technologies and processes               (1) IN GENERAL.—The goals of the program                ‘‘(1) ENERGY REQUIREMENTS.—Subject to
                                             that improve energy efficiency, the Sec-                shall be—                                              paragraph (3), to the maximum extent life
                                             retary shall coordinate with—                             (A) in phase I, to develop a conceptual de-          cycle cost-effective (as defined in subsection
                                               ‘‘(1) the Advanced Manufacturing Office of            sign of, and to develop and demonstrate the            (f)(1)), each agency shall apply energy con-
                                             the Department of Energy;                               technology required for—                               servation measures to, and shall improve the
                                               ‘‘(2) the Building Technologies Office of the           (i) advanced high efficiency gas turbines to         design for the construction of, the Federal
                                             Department of Energy;                                   achieve, on a lower heating value basis—               buildings of the agency (including each in-
                                               ‘‘(3) the Federal Energy Management Pro-                (I) a combined cycle efficiency of not less          dustrial or laboratory facility) so that the
                                             gram of the Department of Energy; and                   than 65 percent; or                                    energy consumption per gross square foot of
                                               ‘‘(4) the private sector and other appro-               (II) a simple cycle efficiency of not less           the Federal buildings of the agency in fiscal
                                             priate agencies, including the National Insti-          than 47 percent; and                                   years 2021 through 2028 is reduced, as com-
                                             tute of Standards and Technology.                         (ii) aviation gas turbines to achieve a 25           pared with the energy consumption per gross
                                               ‘‘(c) RESEARCH AND DEVELOPMENT PROGRAM                percent reduction in fuel burn by improving            square foot of the Federal buildings of the
                                             FOR SUSTAINABLE MANUFACTURING AND IN-                   fuel efficiency to existing best-in-class              agency in fiscal year 2018, by the percentage
                                             DUSTRIAL TECHNOLOGIES AND PROCESSES.—As                 turbo-fan engines; and                                 specified in the following table:
                                             part of the industrial efficiency programs of             (B) in phase II, to develop a conceptual de-
                                             the Department of Energy, the Secretary                                                                                                                             Percentage
                                                                                                     sign of advanced high efficiency gas turbines          ‘‘Fiscal Year                                         Reduction
                                             shall carry out a joint industry-government             that can achieve, on a lower heating value
                                             partnership program to research, develop,                                                                         2021 ............................................        2.5
                                                                                                     basis—                                                    2022 ............................................          5
                                             and demonstrate new sustainable manufac-                  (i) a combined cycle efficiency of not less
                                             turing and industrial technologies and proc-                                                                      2023 ............................................        7.5
                                                                                                     than 67 percent; or                                       2024 ............................................         10
                                             esses that maximize the energy efficiency of
                                                                                                       (ii) a simple cycle efficiency of not less              2025 ............................................       12.5
                                             industrial plants, reduce pollution, and con-
                                                                                                     than 50 percent.                                          2026 ............................................         15
                                             serve natural resources.’’.
                                               (b) CLERICAL AMENDMENT.—The table of                    (2) ADDITIONAL GOALS.—If a goal described               2027 ............................................       17.5
                                             contents of the Energy Policy and Conserva-             in paragraph (1) has been achieved, the Sec-              2028 ............................................          20.
                                             tion Act (42 U.S.C. prec. 6201) is amended by           retary, in consultation with private industry             ‘‘(2) WATER REQUIREMENTS.—Subject to
                                             adding at the end of the items relating to              and the National Academy of Sciences, may              paragraph (3), the head of each Federal agen-
                                             part E of title III the following:                      develop additional goals or phases for ad-             cy shall, for each of fiscal years 2021 through
                                                                                                     vanced gas turbine research and develop-               2030, improve water use efficiency and man-
                                             ‘‘Sec. 376. Sustainable manufacturing initia-
                                                                                                     ment.                                                  agement, including stormwater manage-
                                                            tive.’’.                                   (d) FINANCIAL ASSISTANCE.—
                                             SEC. 1025. HIGH EFFICIENCY GAS TURBINES.                                                                       ment, at facilities of the agency by reducing
                                                                                                       (1) IN GENERAL.—The Secretary may pro-
                                               (a) IN GENERAL.—The Secretary, acting                                                                        agency potable water consumption inten-
                                                                                                     vide financial assistance, including grants,
                                             through the Assistant Secretary for Fossil                                                                     sity—
                                                                                                     to carry out the program.
                                             Energy (referred to in this section as the                                                                        ‘‘(A) by reducing potable water consump-
                                                                                                       (2) PROPOSALS.—Not later than 180 days
                                             ‘‘Secretary’’), shall carry out a multiyear,                                                                   tion by 54 percent by fiscal year 2030, rel-
                                                                                                     after the date of enactment of this Act, the
                                             multiphase program (referred to in this sec-                                                                   ative to the potable water consumption of
                                                                                                     Secretary shall solicit proposals from indus-
                                             tion as the ‘‘program’’) of research, develop-                                                                 the agency in fiscal year 2007, through reduc-
                                                                                                     try, small businesses, universities, and other
                                             ment, and technology demonstration to im-                                                                      tions of 2 percent each fiscal year (as meas-
                                                                                                     appropriate parties for conducting activities
                                             prove the efficiency of gas turbines used in                                                                   ured in gallons per gross square foot);
                                                                                                     under this section.
                                             power generation systems and aviation.                                                                            ‘‘(B) by reducing the industrial, land-
                                                                                                       (3) CONSIDERATIONS.—In selecting proposed
                                               (b) PROGRAM ELEMENTS.—The program                                                                            scaping, and agricultural water consumption
                                                                                                     projects to receive financial assistance under
                                             shall—                                                                                                         of the agency, as compared to a baseline of
                                                                                                     this section, the Secretary shall give special
                                               (1) support first-of-a-kind engineering and                                                                  that consumption by the agency in fiscal
                                                                                                     consideration to the extent to which the pro-
                                             detailed gas turbine design for small-scale                                                                    year 2010, through reductions of 2 percent
                                                                                                     posed project will—
                                             and utility-scale electric power generation,                                                                   each fiscal year (as measured in gallons); and
                                                                                                       (A) stimulate the creation or increased re-
                                             including—                                                                                                        ‘‘(C) by installing appropriate infrastruc-
                                                                                                     tention of jobs in the United States; and
                                               (A) high temperature materials, including                                                                    ture features on federally owned property to
                                                                                                       (B) promote and enhance technology lead-
                                             superalloys, coatings, and ceramics;                                                                           improve stormwater and wastewater man-
                                                                                                     ership in the United States.
                                               (B) improved heat transfer capability;                                                                       agement.
                                                                                                       (4) COMPETITIVE AWARDS.—The Secretary
                                               (C) manufacturing technology required to                                                                        ‘‘(3) ENERGY AND WATER INTENSIVE BUILDING
                                                                                                     shall provide financial assistance under this
                                             construct complex 3-dimensional geometry                                                                       EXCLUSION.—
                                                                                                     section on a competitive basis, with an em-
                                             parts with improved aerodynamic capability;                                                                       ‘‘(A) IN GENERAL.—An agency may exclude
                                                                                                     phasis on technical merit.
                                               (D) combustion technology to produce                                                                         from the requirements of paragraphs (1) and
                                                                                                       (5) COST SHARING.—Section 988 of the En-
                                             higher firing temperature while lowering ni-                                                                   (2) any building (including the associated en-
                                                                                                     ergy Policy Act of 2005 (42 U.S.C. 16352) shall
                                             trogen oxide and carbon monoxide emissions                                                                     ergy consumption and gross square footage
                                                                                                     apply to financial assistance provided under
                                             per unit of output;                                                                                            of the building) in which energy and water
                                                                                                     this section.
                                               (E) advanced controls and systems integra-                                                                   intensive activities are carried out.
                                                                                                       (e) AUTHORIZATION OF APPROPRIATIONS.—
                                             tion;                                                   There is authorized to be appropriated to                 ‘‘(B) REPORTS.—Each agency shall identify
                                               (F) advanced high performance compressor              carry out this section $50,000,000 for each of         and include in each report under section
                                             technology; and                                         fiscal years 2021 through 2025.                        548(a) each building designated by the agency
                                               (G) validation facilities for the testing of          SEC. 1026. CONFORMING AMENDMENTS.
                                                                                                                                                            for exclusion under subparagraph (A) during
                                             components and subsystems;                                (a) Section 106 of the Energy Policy Act of          the period covered by the report.
                                               (2) include technology demonstration                  2005 (42 U.S.C. 15811) is repealed.                       ‘‘(4) RECOMMENDATIONS.—Not later than
                                             through component testing, subscale testing,              (b) Sections 131, 132, 133, 2103, and 2107 of        December 31, 2026, the Secretary shall—
                                             and full-scale testing in existing fleets;              the Energy Policy Act of 1992 (42 U.S.C. 6348,            ‘‘(A) review the results of the implementa-
                                               (3) include field demonstrations of the de-           6349, 6350, 13453, 13456) are repealed.                tion of the energy and water performance re-




dlhill on DSKBBY8HB2PROD with SENATE
                                             veloped technology elements to demonstrate                (c) Section 2101(a) of the Energy Policy Act         quirements established under paragraph (1);
                                             technical and economic feasibility;                     of 1992 (42 U.S.C. 13451(a)) is amended in the            ‘‘(B) submit to Congress recommendations
                                               (4) assess overall combined cycle and sim-            third sentence by striking ‘‘sections 2102,            concerning energy performance require-
                                             ple cycle system performance;                           2103, 2104, 2105, 2106, 2107, and 2108’’ and in-       ments for fiscal years 2029 through 2038; and
                                               (5) increase fuel flexibility by enabling gas         serting ‘‘sections 2102, 2104, 2105, 2106, and            ‘‘(C) submit to Congress recommendations
                                             turbines to operate with high proportions of            2108 of this Act and section 376 of the Energy         concerning water performance requirements
                                             hydrogen or other renewable gas fuels;                  Policy and Conservation Act,’’.                        for fiscal years 2031 through 2040.’’;




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00021   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1530                                             CONGRESSIONAL RECORD — SENATE                                                           March 5, 2020
                                                (3) in subsection (b)—                                 (A) in paragraph (1)—                                great as the energy savings target under sub-
                                                (A) in the subsection heading, by inserting            (i) by redesignating subparagraphs (E), (F),         clause (I).
                                             ‘‘AND WATER’’ after ‘‘ENERGY’’; and                     and (G) as subparagraphs (F), (G), and (H),               ‘‘(4) IMPLEMENTATION OF IDENTIFIED ENERGY
                                                (B) by striking paragraphs (1) and (2) and           respectively; and                                      AND WATER EFFICIENCY MEASURES.—
                                             inserting the following:                                  (ii) by inserting after subparagraph (D) the            ‘‘(A) IN GENERAL.—Not later than 2 years
                                                ‘‘(1) IN GENERAL.—Each agency shall—                 following:                                             after the date of completion of each evalua-
                                                ‘‘(A) not later than October 1, 2022, to the           ‘‘(E) ONGOING COMMISSIONING.—The term                tion under paragraph (3), each energy man-
                                             maximum extent practicable, begin install-              ‘ongoing commissioning’ means an ongoing               ager shall implement any energy- or water-
                                             ing in Federal buildings owned by the United            process of commissioning using monitored               saving measure that—
                                             States all energy and water conservation                data, the primary goal of which is to ensure              ‘‘(i) the Federal agency identified in the
                                             measures determined by the Secretary to be              continuous optimum performance of a facil-             evaluation; and
                                             life cycle cost-effective (as defined in sub-           ity, in accordance with design or operating               ‘‘(ii) is life cycle cost-effective, as deter-
                                             section (f)(1)); and                                    needs, over the useful life of the facility,           mined by evaluating an individual measure
                                                ‘‘(B) complete the installation described in         while meeting facility occupancy require-              or a bundle of measures with varying pay-
                                             subparagraph (A) as soon as practicable after           ments.’’;                                              backs.
                                             the date referred to in that subparagraph.                (B) in paragraph (2)—                                   ‘‘(B) PERFORMANCE CONTRACTING.—Each
                                                ‘‘(2) EXPLANATION OF NONCOMPLIANCE.—                   (i) in subparagraph (A), by inserting ‘‘and          Federal agency shall use performance con-
                                                ‘‘(A) IN GENERAL.—If an agency fails to              water’’ before ‘‘use’’;                                tracting to address at least 50 percent of the
                                             comply with paragraph (1), the agency shall                                                                    measures identified under subparagraph
                                                                                                       (ii) in subparagraph (B)—
                                             submit to the Secretary, using guidelines de-                                                                  (A)(i).’’;
                                                                                                       (I) by striking ‘‘energy’’ before ‘‘effi-
                                             veloped by the Secretary, an explanation of                                                                       (D) in paragraph (7)(B)(ii)(II), by inserting
                                                                                                     ciency’’; and
                                             the reasons for the failure.                                                                                   ‘‘and water’’ after ‘‘energy’’; and
                                                                                                       (II) by inserting ‘‘or water’’ before ‘‘use’’;
                                                ‘‘(B) REPORT TO CONGRESS.—Not later than                                                                       (E) in paragraph (9)(A), in the matter pre-
                                                                                                     and
                                             October 1, 2021, and every 2 years thereafter,                                                                 ceding clause (i), by inserting ‘‘and water’’
                                                                                                       (iii) by adding at the end the following:
                                             the Secretary shall submit to Congress a re-                                                                   after ‘‘energy’’.
                                                                                                       ‘‘(C) ENERGY MANAGEMENT SYSTEM.—An en-                  (b) CONFORMING AMENDMENT.—The table of
                                             port that describes any noncompliance by an
                                             agency with the requirements of paragraph               ergy manager designated for a facility under           contents for the National Energy Conserva-
                                             (1).’’;                                                 subparagraph (A) shall take into consider-             tion Policy Act (Public Law 95–619; 92 Stat.
                                                (4) in subsection (c)(1)—                            ation—                                                 3206) is amended by striking the item relat-
                                                (A) in subparagraph (A)—                               ‘‘(i) the use of a system to manage energy           ing to section 543 and inserting the fol-
                                                (i) in the matter preceding clause (i), by           and water use at the facility; and                     lowing:
                                             striking ‘‘An agency’’ and inserting ‘‘The                ‘‘(ii) the applicability of the certification        ‘‘Sec. 543. Energy and water management re-
                                             head of each agency’’; and                              of the facility in accordance with the Inter-                           quirements.’’.
                                                (ii) by inserting ‘‘or water’’ after ‘‘energy’’      national Organization for Standardization              SEC. 1032. FEDERAL ENERGY MANAGEMENT PRO-
                                             each place it appears; and                              standard numbered 50001 and entitled ‘En-                           GRAM.
                                                (B) in subparagraph (B)(i), by inserting ‘‘or        ergy Management Systems’.’’;                             Section 543 of the National Energy Con-
                                             water’’ after ‘‘energy’’;                                 (C) by striking paragraphs (3) and (4) and           servation Policy Act (42 U.S.C. 8253) is
                                                (5) in subsection (d)(2), by inserting ‘‘and         inserting the following:                               amended by adding at the end the following:
                                             water’’ after ‘‘energy’’;                                 ‘‘(3) ENERGY AND WATER EVALUATIONS AND                 ‘‘(h) FEDERAL ENERGY MANAGEMENT PRO-
                                                (6) in subsection (e)—                               COMMISSIONING.—                                        GRAM.—
                                                (A) in the subsection heading, by inserting            ‘‘(A) EVALUATIONS.—Except as provided in               ‘‘(1) IN GENERAL.—The Secretary shall
                                             ‘‘and Water’’ after ‘‘Energy’’;                         subparagraph (B), not later than the date              carry out a program, to be known as the
                                                (B) in paragraph (1)—                                that is 180 days after the date of enactment           ‘Federal Energy Management Program’ (re-
                                                (i) in the first sentence—                           of the American Energy Innovation Act of               ferred to in this subsection as the ‘Pro-
                                                (I) by striking ‘‘October 1, 2012’’ and insert-      2020, and annually thereafter, each energy             gram’), to facilitate the implementation by
                                             ing ‘‘October 1, 2022’’;                                manager shall complete, for the preceding              the Federal Government of cost-effective en-
                                                (II) by inserting ‘‘and water’’ after ‘‘en-          calendar year, a comprehensive energy and              ergy and water management and energy-re-
                                             ergy’’; and                                             water evaluation and recommissioning or                lated investment practices—
                                                (III) by inserting ‘‘and water’’ after ‘‘elec-       retrocommissioning for approximately 25                  ‘‘(A) to coordinate and strengthen Federal
                                             tricity’’;                                              percent of the facilities of the applicable            energy and water resilience; and
                                                (ii) in the second sentence, by inserting            agency that meet the criteria under para-                ‘‘(B) to promote environmental steward-
                                             ‘‘and water’’ after ‘‘electricity’’; and                graph (2)(B) in a manner that ensures that an          ship.
                                                (iii) in the fourth sentence, by inserting           evaluation of each facility is completed not             ‘‘(2) PROGRAM ACTIVITIES.—
                                             ‘‘and water’’ after ‘‘energy’’;                         less frequently than once every 4 years.                 ‘‘(A) STRATEGIC PLANNING AND TECHNICAL
                                                (C) in paragraph (2)—                                  ‘‘(B) EXCEPTIONS.—An evaluation and re-              ASSISTANCE.—Under the Program, the Fed-
                                                (i) in subparagraph (A)—                             commissioning or retrocommissioning shall              eral Director appointed under paragraph
                                                (I) by striking ‘‘and’’ before ‘‘Federal’’; and      not be required under subparagraph (A) with            (3)(A) (referred to in this subsection as the
                                                (II) by inserting ‘‘and any other person the         respect to a facility that, as of the date on          ‘Federal Director’) shall—
                                             Secretary deems necessary,’’ before ‘‘shall’’;          which the evaluation and recommissioning                 ‘‘(i) provide technical assistance and
                                                (ii) in subparagraph (B)—                            or retrocommissioning would occur—                     project implementation support and guid-
                                                (I) in clause (i)(II), by inserting ‘‘and              ‘‘(i) has had a comprehensive energy and             ance to Federal agencies to identify, imple-
                                             water’’ after ‘‘energy’’ each place it appears;         water evaluation during the preceding 8-year           ment, procure, and track energy and water
                                                (II) in clause (ii), by inserting ‘‘and water’’      period;                                                conservation measures required under this
                                             after ‘‘energy’’; and                                     ‘‘(ii)(I) has been commissioned, recommis-           Act and under other provisions of law (in-
                                                (III) in clause (iv), by inserting ‘‘and             sioned, or retrocommissioned during the pre-           cluding regulations);
                                             water’’ after ‘‘energy’’; and                           ceding 10-year period; or                                ‘‘(ii) in coordination with the Adminis-
                                                (iii) by adding at the end the following:              ‘‘(II) is under ongoing commissioning, re-           trator of the General Services Administra-
                                                ‘‘(C) UPDATE.—Not later than 180 days after          commissioning, or retrocomissioning;                   tion, establish appropriate procedures, meth-
                                             the date of enactment of this subparagraph,               ‘‘(iii) has not had a major change in func-          ods, and best practices for use by Federal
                                             the Secretary shall update the guidelines es-           tion or use since the previous evaluation and          agencies to select, monitor, and terminate
                                             tablished under subparagraph (A) to take                recommissioning or retrocommissioning;                 contracts entered into under section 546 with
                                             into account water efficiency requirements                ‘‘(iv) has been benchmarked with public              utilities;
                                             under this section.’’;                                  disclosure under paragraph (8) during the                ‘‘(iii) in coordination with the Federal Ac-
                                                (D) in paragraph (3), in the matter pre-             preceding calendar year; and                           quisition Regulatory Council, establish ap-
                                             ceding subparagraph (A), by striking ‘‘estab-             ‘‘(v)(I) based on the benchmarking de-               propriate procedures, methods, and best
                                             lished under paragraph (2)’’ and inserting              scribed in clause (iv), has achieved at a facil-       practices for use by Federal agencies to se-
                                             ‘‘updated under paragraph (2)(C)’’; and                 ity level the most recent cumulative energy            lect, monitor, and terminate contracts en-
                                                (E) in paragraph (4)—                                savings target under subsection (a) compared           tered into under section 801 with energy
                                                (i) in subparagraph (A)—                             to the earlier of—                                     service contractors and utilities;
                                                (I) by striking ‘‘this paragraph’’ and insert-         ‘‘(aa) the date of the most recent evalua-             ‘‘(iv) establish and maintain internet-based
                                             ing ‘‘the American Energy Innovation Act of             tion; or                                               information resources and project tracking




dlhill on DSKBBY8HB2PROD with SENATE
                                             2020’’; and                                               ‘‘(bb) the date—                                     systems and tools for energy and water man-
                                                (II) by inserting ‘‘and water’’ before ‘‘use           ‘‘(AA) of the most recent commissioning,             agement;
                                             in’’; and                                               recommissioning, or retrocommissioning; or               ‘‘(v) coordinate comprehensive and stra-
                                                (ii) in subparagraph (B)(ii), in the matter            ‘‘(BB) on which ongoing commissioning                tegic approaches to energy and water resil-
                                             preceding clause (I), by inserting ‘‘and                began; or                                              ience planning for Federal agencies; and
                                             water’’ after ‘‘energy’’; and                             ‘‘(II) has a long-term contract in place               ‘‘(vi) establish a recognition program for
                                                (7) in subsection (f)—                               guaranteeing energy savings at least as                Federal achievement in energy and water




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00022   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                          S1531
                                             management,        energy-related    investment           ‘‘(II) facility operations and maintenance;            (c) AUTHORITY TO ENTER INTO CONTRACTS.—
                                             practices, environmental stewardship, and               and                                                    Section 801(a)(2)(F) of the National Energy
                                             other relevant areas, through events such as              ‘‘(iv) in coordination with the Adminis-             Conservation       Policy    Act    (42   U.S.C.
                                             individual recognition award ceremonies and             trator of the General Services Administra-             8287(a)(2)(F)) is amended—
                                             public announcements.                                   tion, in meeting statutory and agency goals              (1) in clause (i), by striking ‘‘or’’ at the
                                               ‘‘(B) ENERGY AND WATER MANAGEMENT AND                 for Federal fleet vehicles.                            end;
                                             REPORTING.—Under the Program, the Federal                 ‘‘(3) FEDERAL DIRECTOR.—                               (2) in clause (ii), by striking the period at
                                             Director shall—                                           ‘‘(A) APPOINTMENT.—The Secretary shall               the end and inserting ‘‘; or’’; and
                                               ‘‘(i) track and report on the progress of             appoint an individual to serve as Federal Di-            (3) by adding at the end the following:
                                             Federal agencies in meeting the require-                rector of the Program, which shall be a ca-              ‘‘(iii) limit the recognition of operation
                                             ments of the agency under this section;                 reer position in the Senior Executive service,         and maintenance savings associated with
                                               ‘‘(ii) make publicly available annual Fed-            to manage the Program and carry out the                systems modernized or replaced with the im-
                                             eral agency performance data required                   activities of the Program described in para-           plementation of energy conservation meas-
                                             under—                                                  graph (2).                                             ures, water conservation measures, or any
                                               ‘‘(I) this section and sections 544 through             ‘‘(B) DUTIES.—The Federal Director shall—            combination of energy conservation meas-
                                             548; and                                                  ‘‘(i) oversee, manage, and administer the            ures and water conservation measures.’’.
                                               ‘‘(II) section 203 of the Energy Policy Act           Program;                                                 (d) MISCELLANEOUS AUTHORITY; EXCLUDED
                                             of 2005 (42 U.S.C. 15852);                                ‘‘(ii) provide leadership in energy and              CONTRACTS.—Section 801(a)(2) of the Na-
                                               ‘‘(iii)(I) collect energy and water use and           water management, energy-related invest-               tional Energy Conservation Policy Act (42
                                             consumption data from each Federal agency;              ment practices, and environmental steward-             U.S.C. 8287(a)(2)) is amended by adding at the
                                             and                                                     ship through coordination with Federal                 end the following:
                                               ‘‘(II) based on that data, submit to each             agencies and other appropriate entities; and             ‘‘(H) MISCELLANEOUS AUTHORITY.—Notwith-
                                             Federal agency a report that will facilitate              ‘‘(iii) establish a management council to            standing subtitle I of title 40, United States
                                             the energy and water management, energy-                advise the Federal Director that shall—
                                             related investment practices, and environ-                                                                     Code, a Federal agency may accept, retain,
                                                                                                       ‘‘(I) convene not less frequently than once          sell, or transfer, and apply the proceeds of
                                             mental stewardship of the agency in support             every quarter; and
                                             of Federal goals under this Act and under                                                                      the sale or transfer of, any energy and water
                                                                                                       ‘‘(II) consist of representatives from—              incentive, rebate, grid services revenue, or
                                             other provisions of law (including regula-                ‘‘(aa) the Council on Environmental Qual-
                                             tions);                                                                                                        credit (including a renewable energy certifi-
                                                                                                     ity;                                                   cate) to fund a contract under this title.
                                               ‘‘(iv)(I) establish new Federal building en-            ‘‘(bb) the Office of Management and Budg-
                                             ergy efficiency standards; and                                                                                   ‘‘(I) EXCLUDED CONTRACTS.—A contract en-
                                                                                                     et; and                                                tered into under this title may not be for
                                               ‘‘(II) in consultation with the Adminis-                ‘‘(cc) the Office of Federal High-Perform-
                                             trator of the General Services Administra-                                                                     work performed—
                                                                                                     ance Green Buildings in the General Services             ‘‘(i) at a Federal hydroelectric facility that
                                             tion, acting through the head of the Office of          Administration.
                                             High-Performance Green Buildings, establish                                                                    provides power marketed by a Power Mar-
                                                                                                       ‘‘(4) SAVINGS CLAUSE.—Nothing in this sub-           keting Administration; or
                                             and implement Federal building sustainable              section impedes, supersedes, or alters the au-
                                             design principles for Federal facilities;                                                                        ‘‘(ii) at a hydroelectric facility owned and
                                                                                                     thority of the Secretary to carry out the re-          operated by the Tennessee Valley Authority
                                               ‘‘(v) manage the implementation of Fed-
                                                                                                     mainder of this section or section 305 of the          established under the Tennessee Valley Au-
                                             eral building energy efficiency standards es-
                                                                                                     Energy Conservation and Production Act (42             thority Act of 1933 (16 U.S.C. 831 et seq.).’’.
                                             tablished under section 305 of the Energy
                                                                                                     U.S.C. 6834).
                                             Conservation and Production Act (42 U.S.C.                                                                       (e) PAYMENT OF COSTS.—Section 802 of the
                                                                                                       ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—
                                             6834); and                                                                                                     National Energy Conservation Policy Act (42
                                                                                                     There is authorized to be appropriated to the
                                               ‘‘(vi) designate products that meet the                                                                      U.S.C. 8287a) is amended by striking ‘‘(and
                                                                                                     Secretary to carry out this subsection
                                             highest energy conservation standards for                                                                      related operation and maintenance ex-
                                                                                                     $36,000,000 for each of fiscal years 2021
                                             categories not covered under the Energy                                                                        penses)’’ and inserting ‘‘, including related
                                                                                                     through 2031.’’.
                                             Star program established under section 324A                                                                    operations and maintenance expenses’’.
                                             of the Energy Policy and Conservation Act               SEC. 1033. USE OF ENERGY AND WATER EFFI-
                                                                                                                 CIENCY MEASURES IN FEDERAL                   (f) DEFINITION OF ENERGY SAVINGS.—Sec-
                                             (42 U.S.C. 6294a).                                                                                             tion 804(2) of the National Energy Conserva-
                                                                                                                 BUILDINGS.
                                               ‘‘(C) FEDERAL POLICY COORDINATION.—Under                                                                     tion Policy Act (42 U.S.C. 8287c(2)) is amend-
                                             the Program, the Federal Director shall—                   (a) REPORTS.—Section 548(b) of the Na-
                                                                                                     tional Energy Conservation Policy Act (42              ed—
                                               ‘‘(i) develop and implement accredited
                                                                                                     U.S.C. 8258(b)) is amended—                              (1) in subparagraph (A), by striking ‘‘feder-
                                             training consistent with existing Federal
                                                                                                        (1) in paragraph (3), by striking ‘‘and’’ at        ally owned building or buildings or other fed-
                                             programs and activities—
                                                                                                     the end;                                               erally owned facilities’’ and inserting ‘‘Fed-
                                               ‘‘(I) relating to energy and water use, man-
                                                                                                        (2) in paragraph (4), by striking the period        eral building (as defined in section 551)’’ each
                                             agement, and resilience in Federal buildings,
                                                                                                     at the end and inserting ‘‘; and’’; and                place it appears;
                                             energy-related investment practices, and en-
                                                                                                        (3) by adding at the end the following:               (2) in subparagraph (C), by striking ‘‘; and’’
                                             vironmental stewardship; and
                                                                                                        ‘‘(5)(A) the status of the energy savings           and inserting a semicolon;
                                               ‘‘(II) that includes in-person training,
                                                                                                     performance contracts and utility energy                 (3) in subparagraph (D), by striking the pe-
                                             internet-based programs, and national in-
                                             person training events;                                 service contracts of each agency, to the ex-           riod at the end and inserting a semicolon;
                                               ‘‘(ii) coordinate and facilitate energy and           tent that the information is not duplicative           and
                                             water management, energy-related invest-                of information provided to the Secretary                 (4) by adding at the end the following:
                                             ment practices, and environmental steward-              under a separate authority;                              ‘‘(E) the use, sale, or transfer of any energy
                                             ship through the Interagency Energy Man-                   ‘‘(B) the quantity and investment value of          and water incentive, rebate, grid services
                                             agement Task Force established under sec-               the contracts for the previous year;                   revenue, or credit (including a renewable en-
                                             tion 547; and                                              ‘‘(C) the guaranteed energy savings, or for         ergy certificate); and
                                               ‘‘(iii) report on the implementation of the           contracts without a guarantee, the esti-                 ‘‘(F) any revenue generated from a reduc-
                                             priorities of the President, including Execu-           mated energy savings, for the previous year,           tion in energy or water use, more efficient
                                             tive orders, relating to energy and water use           as compared to the measured energy savings             waste recycling, or additional energy gen-
                                             in Federal buildings, in coordination with—             for the previous year;                                 erated from more efficient equipment.’’.
                                               ‘‘(I) the Office of Management and Budget;               ‘‘(D) a forecast of the estimated quantity          SEC. 1034. FEDERAL BUILDING ENERGY EFFI-
                                               ‘‘(II) the Council on Environmental Qual-             and investment value of contracts antici-                         CIENCY PERFORMANCE STANDARDS;
                                             ity; and                                                pated in the following year for each agency;                      CERTIFICATION SYSTEM AND LEVEL
                                                                                                     and                                                               FOR GREEN BUILDINGS.
                                               ‘‘(III) any other entity, as considered nec-
                                             essary by the Federal Director.                            ‘‘(E)(i) a comparison of the information de-          (a) DEFINITIONS.—Section 303 of the Energy
                                               ‘‘(D) FACILITY AND FLEET OPTIMIZATION.—               scribed in subparagraph (B) and the forecast           Conservation and Production Act (42 U.S.C.
                                             Under the Program, the Federal Director                 described in subparagraph (D) in the report            6832) is amended—
                                             shall develop guidance, supply assistance to,           of the previous year; and                                (1) in each of paragraphs (1) through (16),
                                             and track the progress of Federal agencies—                ‘‘(ii) if applicable, the reasons for any dif-      by inserting a paragraph heading, the text of
                                               ‘‘(i) in conducting portfolio-wide facility           ferences in the data compared under clause             which is comprised of the term defined in
                                             energy and water resilience planning and                (i).’’.                                                that paragraph;




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




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00023   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1532                                             CONGRESSIONAL RECORD — SENATE                                                           March 5, 2020
                                               ‘‘(11) MAJOR RENOVATION.—The term ‘major                ‘‘(ii) EXCEPTION.—Clause (i)(I) shall not               ‘‘(IV) an evaluation of the robustness of
                                             renovation’ means a modification of the en-             apply to the unaltered portions of Federal             the criteria for a high-performance green
                                             ergy systems of a building that is suffi-               buildings and systems that have undergone              building, which shall give credit for pro-
                                             ciently extensive to ensure that the entire             major renovations.                                     moting—
                                             building can achieve compliance with appli-               ‘‘(B) UPDATES.—Not later than 1 year after              ‘‘(aa) efficient and sustainable use of
                                             cable energy standards for new buildings, as            the date of approval of each subsequent revi-          water, energy, and other natural resources;
                                             established by the Secretary.’’.                        sion of the ASHRAE Standard or the Inter-                 ‘‘(bb) use of renewable energy sources;
                                               (b) FEDERAL BUILDING EFFICIENCY STAND-                national Energy Conservation Code, as ap-                 ‘‘(cc) improved indoor environmental qual-
                                             ARDS.—Section 305 of the Energy Conserva-               propriate, the Secretary shall determine               ity through enhanced indoor air quality,
                                             tion and Production Act (42 U.S.C. 6834) is             whether the revised standards established              thermal comfort, acoustics, day lighting,
                                             amended—                                                under subclauses (I) and (II) of subparagraph          pollutant source control, and use of low-
                                               (1) in subsection (a)—                                (A)(i) should be updated to reflect the revi-          emission materials and building system con-
                                               (A) in paragraph (2)(A), by striking ‘‘the            sions, based on the energy savings and life            trols;
                                             2004 International Energy Conservation Code                                                                       ‘‘(dd)(AA) the sourcing of grown, har-
                                                                                                     cycle cost-effectiveness of the revisions.’’;
                                             (in the case of residential buildings) or                                                                      vested, or mined materials; and
                                                                                                       (ii) in subparagraph (C)—
                                             ASHRAE Standard 90.1–2004 (in the case of                                                                         ‘‘(BB)     certifications    of    responsible
                                                                                                       (I) by striking ‘‘(C) In the budget request’’
                                             commercial buildings)’’ and inserting ‘‘the                                                                    sourcing, such as certifications provided by
                                                                                                     and inserting the following:
                                             most recently published edition of the Inter-                                                                  the Forest Stewardship Council, the Sustain-
                                                                                                       ‘‘(C) BUDGET REQUEST.—In the budget re-
                                             national Energy Conservation Code (in the                                                                      able Forestry Initiative, the American Tree
                                             case of residential buildings) or ASHRAE                quest’’; and
                                                                                                                                                            Farm System, or the Programme for the En-
                                             Standard 90.1 (in the case of commercial                  (II) by indenting clauses (i) and (ii) appro-
                                                                                                                                                            dorsement of Forest Certification; and
                                             buildings) on the date of enactment of the              priately; and
                                                                                                                                                               ‘‘(ee) such other criteria as the Secretary
                                             American Energy Innovation Act of 2020’’;                 (iii) by striking subparagraph (D) and in-
                                                                                                                                                            determines to be appropriate; and
                                             and                                                     serting the following:
                                                                                                                                                               ‘‘(V) national recognition within the build-
                                               (B) in paragraph (3)—                                   ‘‘(D) CERTIFICATION FOR GREEN BUILDINGS.—
                                                                                                                                                            ing industry.
                                               (i) by striking ‘‘(3)(A) Not later than’’ and           ‘‘(i) SUSTAINABLE DESIGN PRINCIPLES.—Sus-
                                                                                                                                                               ‘‘(vi) REVIEW.—The Secretary, in consulta-
                                             all that follows through subparagraph (B)               tainable design principles shall be applied to         tion with the Administrator of General Serv-
                                             and inserting the following:                            the siting, design, and construction of build-         ices and the Secretary of Defense, shall con-
                                               ‘‘(3) REVISED FEDERAL BUILDING ENERGY EF-             ings covered by this subparagraph.                     duct an ongoing review to evaluate and com-
                                             FICIENCY PERFORMANCE STANDARDS; CERTIFI-                  ‘‘(ii) SELECTION OF CERTIFICATION SYS-               pare private sector green building certifi-
                                             CATION FOR GREEN BUILDINGS.—                            TEMS.—The Secretary, after reviewing the
                                                                                                                                                            cation systems, taking into account—
                                               ‘‘(A) REVISED FEDERAL BUILDING ENERGY EF-             findings of the Federal Director under sec-               ‘‘(I) the criteria described in clause (v); and
                                             FICIENCY PERFORMANCE STANDARDS.—                        tion 436(h) of the Energy Independence and                ‘‘(II) the identification made by the Fed-
                                               ‘‘(i) IN GENERAL.—Not later than 1 year               Security Act of 2007 (42 U.S.C. 17092(h)), in          eral Director under section 436(h) of the En-
                                             after the date of enactment of the American             consultation with the Administrator of Gen-            ergy Independence and Security Act of 2007
                                             Energy Innovation Act of 2020, the Secretary            eral Services, and in consultation with the            (42 U.S.C. 17092(h)).
                                             shall establish, by regulation, revised Fed-            Secretary of Defense relating to those facili-            ‘‘(vii) EXCLUSIONS.—
                                             eral building energy efficiency performance             ties under the custody and control of the De-             ‘‘(I) IN GENERAL.—Subject to subclause (II),
                                             standards that require that—                            partment of Defense, shall determine those             if a certification system fails to meet the re-
                                               ‘‘(I) subject to clause (ii), new Federal             certification systems for green commercial             view requirements of clause (v), the Sec-
                                             buildings and Federal buildings with major              and residential buildings that the Secretary           retary shall—
                                             renovations—                                            determines to be the most likely to encour-               ‘‘(aa) identify the portions of the system,
                                               ‘‘(aa) meet or exceed the most recently               age a comprehensive and environmentally                whether prerequisites, credits, points, or
                                             published version of the International En-              sound approach to certification of green               otherwise, that meet the review criteria of
                                             ergy Conservation Code (in the case of resi-            buildings.                                             clause (v);
                                             dential buildings) or ASHRAE Standard 90.1                ‘‘(iii) BASIS FOR SELECTION.—The deter-                 ‘‘(bb) determine the portions of the system
                                             (in the case of commercial buildings) as of             mination of the certification systems under            that are suitable for use; and
                                             the date of enactment of the American En-               clause (ii) shall be based on ongoing review              ‘‘(cc) exclude all other portions of the sys-
                                             ergy Innovation Act of 2020; and                        of the findings of the Federal Director under          tem from identification and use.
                                               ‘‘(bb) meet or exceed the energy provisions           section 436(h) of the Energy Independence                 ‘‘(II) ENTIRE SYSTEMS.—The Secretary shall
                                             of the State and local building codes applica-          and Security Act of 2007 (42 U.S.C. 17092(h))          exclude an entire system from use if an ex-
                                             ble to the building if the codes are more               and the criteria described in clause (v).              clusion under subclause (I)—
                                             stringent than the most recently published                ‘‘(iv) ADMINISTRATION.—In determining cer-              ‘‘(aa) impedes the integrated use of the
                                             version of the International Energy Con-                tification systems under this subparagraph,            system;
                                             servation Code or ASHRAE Standard 90.1 as               the Secretary shall—                                      ‘‘(bb) creates disparate review criteria or
                                             of the date of enactment of the American                  ‘‘(I) make a separate determination for all          unequal point access for competing mate-
                                             Energy Innovation Act of 2020, as applicable;           or part of each system; and                            rials; or
                                               ‘‘(II) unless demonstrated not to be life               ‘‘(II) confirm that the criteria used to sup-           ‘‘(cc) increases agency costs of the use.
                                             cycle cost-effective for new Federal buildings          port the selection of building products, ma-              ‘‘(viii) INTERNAL CERTIFICATION PROC-
                                             and Federal buildings with major renova-                terials, brands, and technologies—                     ESSES.—The Secretary may by rule allow
                                             tions—                                                    ‘‘(aa) are based on relevant technical data;         Federal agencies to develop internal certifi-
                                               ‘‘(aa) the buildings shall be designed to               ‘‘(bb) use and reward evaluation of health,          cation processes, using certified profes-
                                             achieve energy consumption levels that are              safety, and environmental risks and impacts            sionals, in lieu of certification by certifi-
                                             not less than 30 percent below the levels es-           across the lifecycle of the building product,          cation entities identified under clause (ii).
                                             tablished in the most recently published                material, brand, or technology, including                 ‘‘(ix) PRIVATIZED MILITARY HOUSING.—With
                                             version of the International Energy Con-                methodologies generally accepted by the ap-            respect to privatized military housing, the
                                             servation Code or the ASHRAE Standard, as               plicable scientific disciplines;                       Secretary of Defense, after consultation with
                                             of the date of enactment of the American                  ‘‘(cc) as practicable, give preference to per-       the Secretary may, through rulemaking, de-
                                             Energy Innovation Act of 2020, as appro-                formance standards instead of prescriptive             velop alternative certification systems and
                                             priate, unless the Secretary determines, pur-           measures; and                                          levels than the systems and levels identified
                                             suant to subparagraph (B), that a subsequent              ‘‘(dd) reward continual improvements in              under clause (ii) that achieve an equivalent
                                             version of such a standard or code shall                the lifecycle management of health, safety,            result in terms of energy savings, sustain-
                                             apply; and                                              and environmental risks and impacts.                   able design, and green building performance.
                                               ‘‘(bb) sustainable design principles are ap-            ‘‘(v) CONSIDERATIONS.—In determining the                ‘‘(x) WATER CONSERVATION TECHNOLOGIES.—
                                             plied to the location, siting, design, and con-         green building certification systems under             In addition to any use of water conservation
                                             struction of all new Federal buildings and re-          this subparagraph, the Secretary shall take            technologies otherwise required by this sec-
                                             placement Federal buildings;                            into consideration—                                    tion, water conservation technologies shall
                                               ‘‘(III) if water is used to achieve energy ef-          ‘‘(I) the ability and availability of asses-         be applied to the extent that the tech-
                                             ficiency, water conservation technologies               sors and auditors to independently verify the          nologies are life-cycle cost-effective.
                                             shall be applied to the extent that the tech-           criteria and measurement of metrics at the                ‘‘(xi) EFFECTIVE DATE.—
                                             nologies are life-cycle cost effective; and             scale necessary to implement this subpara-                ‘‘(I) DETERMINATIONS MADE AFTER DECEM-




dlhill on DSKBBY8HB2PROD with SENATE
                                               ‘‘(IV) if life-cycle cost effective, as com-          graph;                                                 BER 31, 2020.—This subparagraph shall apply
                                             pared to other reasonably available tech-                 ‘‘(II) the ability of the applicable certifi-        to any determination made by a Federal
                                             nologies, not less than 30 percent of the hot           cation organization to collect and reflect             agency after December 31, 2020.
                                             water demand for each new Federal building              public comment;                                           ‘‘(II) DETERMINATIONS MADE ON OR BEFORE
                                             or Federal building undergoing a major ren-               ‘‘(III) the ability of the standard to be de-        DECEMBER 31, 2020.—This subparagraph (as in
                                             ovation be met through the installation and             veloped and revised through a consensus-               effect on the day before the date of enact-
                                             use of solar hot water heaters.                         based process;                                         ment of the American Energy Innovation




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00024   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                      S1533
                                             Act of 2020) shall apply to any use of a cer-             ‘‘(3) ADMINISTRATION.—In developing an im-           the Energy Conservation and Production Act
                                             tification system for green commercial and              plementation strategy under paragraph (2),             (42 U.S.C. 6834(a)(3)(D)), which shall—
                                             residential buildings by a Federal agency on            each Federal agency shall consider—                       ‘‘(i) be carried out by the Federal Director
                                             or before December 31, 2020.’’; and                       ‘‘(A) advanced metering infrastructure;              to compare and evaluate standards; and
                                               (2) by striking subsections (c) and (d) and             ‘‘(B) energy efficient data center strategies           ‘‘(ii) allow any developer or administrator
                                             inserting the following:                                and methods of increasing asset and infra-             of a rating system or certification system to
                                               ‘‘(c) PERIODIC REVIEW.—The Secretary                  structure utilization;                                 be included in the review;’’;
                                             shall—                                                    ‘‘(C) advanced power management tools;                  (C) in subparagraph (E)(v), by striking
                                               ‘‘(1) once every 5 years, review the Federal            ‘‘(D) building information modeling, in-             ‘‘and’’ after the semicolon at the end;
                                             building energy standards established under             cluding building energy management;                       (D) in subparagraph (F), by striking the pe-
                                             this section; and                                         ‘‘(E) secure telework and travel substi-             riod at the end and inserting a semicolon;
                                               ‘‘(2) on completion of a review under para-           tution tools; and                                      and
                                             graph (1), if the Secretary determines that               ‘‘(F) mechanisms to ensure that the agency              (E) by adding at the end the following:
                                             significant energy savings would result, up-            realizes the energy cost savings of increased             ‘‘(G) a finding that, for all credits address-
                                             grade the standards to include all new en-              efficiency and utilization.                            ing the sourcing of grown, harvested, or
                                             ergy efficiency and renewable energy meas-                ‘‘(4) PERFORMANCE GOALS.—                            mined materials, the system rewards the use
                                             ures that are technologically feasible and                ‘‘(A) IN GENERAL.—Not later than 180 days            of products that have obtained certifications
                                             economically justified.’’.                              after the date of enactment of the American            of responsible sourcing, such as certifi-
                                                                                                     Energy Innovation Act of 2020, the Director,           cations provided by the Sustainable Forestry
                                               (c) FEDERAL COMPLIANCE.—Section 306 of
                                                                                                     in consultation with the Secretary, shall es-          Initiative, the Forest Stewardship Council,
                                             the Energy Conservation and Production Act
                                                                                                     tablish performance goals for evaluating the           the American Tree Farm System, or the Pro-
                                             (42 U.S.C. 6835) is amended—
                                                                                                     efforts of Federal agencies in improving the           gramme for the Endorsement of Forest Cer-
                                               (1) in subsection (a)—
                                                                                                     maintenance, purchase, and use of energy-ef-           tification; and
                                               (A) in paragraph (1)—
                                                                                                     ficient and energy-saving information tech-               ‘‘(H) a finding that the system incor-
                                               (i) by striking ‘‘(1) The head’’ and inserting
                                                                                                     nology at or for facilities owned and oper-            porates life-cycle assessment as a credit
                                             the following:
                                                                                                     ated by the Federal agencies.                          pathway.’’.
                                               ‘‘(1) IN GENERAL.—The head’’; and
                                                                                                       ‘‘(B) BEST PRACTICES.—The Chief Informa-             SEC. 1037. ENERGY EFFICIENT DATA CENTERS.
                                               (ii) by striking ‘‘assure that new Federal
                                                                                                     tion Officers Council established under sec-              Section 453 of the Energy Independence
                                             buildings’’ and inserting ‘‘ensure that new
                                                                                                     tion 3603 of title 44, United States Code, shall       and Security Act of 2007 (42 U.S.C. 17112) is
                                             Federal buildings and Federal buildings with
                                                                                                     recommend best practices for the attain-               amended—
                                             major renovations’’; and
                                                                                                     ment of the performance goals established                 (1) in subsection (b)—
                                               (B) in paragraph (2)—
                                                                                                     under subparagraph (A), which shall include,              (A) in paragraph (2)(D)(iv), by striking ‘‘de-
                                               (i) by striking the second sentence and in-
                                                                                                     to the extent applicable by law, consider-             termined by the organization’’ and inserting
                                             serting the following:
                                                                                                     ation by a Federal agency of the use of—               ‘‘proposed by the stakeholders’’; and
                                               ‘‘(B) PROCEDURES.—The Architect of the
                                                                                                       ‘‘(i) energy savings performance con-                   (B) by striking paragraph (3); and
                                             Capitol shall adopt procedures necessary to
                                                                                                     tracting; and                                             (2) by striking subsections (c) through (g)
                                             ensure that the buildings referred to in sub-
                                                                                                       ‘‘(ii) utility energy services contracting.          and inserting the following:
                                             paragraph (A) meet or exceed the standards
                                                                                                       ‘‘(5) REPORTS.—                                         ‘‘(c) STAKEHOLDER INVOLVEMENT.—
                                             described in that subparagraph.’’; and
                                                                                                       ‘‘(A) AGENCY REPORTS.—Each Federal agen-                ‘‘(1) IN GENERAL.—The Secretary and the
                                               (ii) in the first sentence—
                                                                                                     cy shall include in the report of the agency           Administrator shall carry out subsection (b)
                                               (I) by inserting ‘‘and Federal buildings
                                                                                                     under section 527 of the Energy Independence           in collaboration with the information tech-
                                             with major renovations’’ after ‘‘new build-
                                                                                                     and Security Act of 2007 (42 U.S.C. 17143) a           nology industry and other key stakeholders,
                                             ings’’; and
                                                                                                     description of the efforts and results of the          with the goal of producing results that accu-
                                               (II) by striking ‘‘(2) The Federal’’ and in-
                                                                                                     agency under this subsection.                          rately reflect the most relevant and useful
                                             serting the following:
                                                                                                       ‘‘(B) OMB GOVERNMENT EFFICIENCY REPORTS              information.
                                               ‘‘(2) APPLICABILITY.—
                                                                                                     AND SCORECARDS.—Effective beginning not                   ‘‘(2) CONSIDERATIONS.—In carrying out the
                                               ‘‘(A) IN GENERAL.—The Federal’’; and
                                                                                                     later than October 1, 2022, the Director shall         collaboration described in paragraph (1), the
                                               (2) in subsection (b)—
                                                                                                     include in the annual report and scorecard of          Secretary and the Administrator shall pay
                                               (A) by striking the subsection heading and
                                                                                                     the Director required under section 528 of the         particular attention to organizations that—
                                             inserting ‘‘EXPENDITURES’’; and
                                                                                                     Energy Independence and Security Act of                   ‘‘(A) have members with expertise in en-
                                               (B) by striking ‘‘new Federal building’’ and
                                                                                                     2007 (42 U.S.C. 17144) a description of the ef-        ergy efficiency and in the development, oper-
                                             all that follows through the period at the
                                                                                                     forts and results of Federal agencies under            ation, and functionality of data centers, in-
                                             end and inserting ‘‘new Federal building or a
                                                                                                     this subsection.                                       formation technology equipment, and soft-
                                             Federal building with major renovations.’’.
                                                                                                       ‘‘(C) USE OF EXISTING REPORTING STRUC-               ware, including representatives of hardware
                                             SEC. 1035. ENERGY-EFFICIENT AND ENERGY-SAV-             TURES.—The Director may require Federal
                                                         ING INFORMATION TECHNOLOGIES.
                                                                                                                                                            manufacturers, data center operators, and
                                                                                                     agencies to submit any information required            facility managers;
                                               Section 543 of the National Energy Con-               to be submitted under this subsection                     ‘‘(B) obtain and address input from the Na-
                                             servation Policy Act (42 U.S.C. 8253) (as               though reporting structures in use as of the           tional Laboratories (as that term is defined
                                             amended by section 1032) is amended by add-             date of enactment of the American Energy               in section 2 of the Energy Policy Act of 2005
                                             ing at the end the following:                           Innovation Act of 2020.’’.                             (42 U.S.C. 15801)) or any institution of higher
                                               ‘‘(i) FEDERAL IMPLEMENTATION STRATEGY                 SEC. 1036. HIGH-PERFORMANCE GREEN FEDERAL              education, research institution, industry as-
                                             FOR ENERGY-EFFICIENT AND ENERGY-SAVING                               BUILDINGS.                                sociation, company, or public interest group
                                             INFORMATION TECHNOLOGIES.—                                 Section 436(h) of the Energy Independence           with applicable expertise;
                                               ‘‘(1) DEFINITIONS.—In this subsection:                and Security Act of 2007 (42 U.S.C. 17092(h)) is          ‘‘(C) follow—
                                               ‘‘(A) DIRECTOR.—The term ‘Director’ means             amended—                                                  ‘‘(i) commonly accepted procedures for the
                                             the Director of the Office of Management                   (1) in the subsection heading, by striking          development of specifications; and
                                             and Budget.                                             ‘‘SYSTEM’’ and inserting ‘‘SYSTEMS’’;                     ‘‘(ii) accredited standards development
                                               ‘‘(B) INFORMATION TECHNOLOGY.—The term                   (2) by striking paragraph (1) and inserting         processes; or
                                             ‘information technology’ has the meaning                the following:                                            ‘‘(D) have a mission to promote energy effi-
                                             given that term in section 11101 of title 40,              ‘‘(1) IN GENERAL.—Based on an ongoing re-           ciency for data centers and information
                                             United States Code.                                     view, the Federal Director shall identify and          technology.
                                               ‘‘(2) DEVELOPMENT OF IMPLEMENTATION                   shall provide to the Secretary pursuant to                ‘‘(d) MEASUREMENTS AND SPECIFICATIONS.—
                                             STRATEGY.—Not later than 1 year after the               section 305(a)(3)(D) of the Energy Conserva-           The Secretary and the Administrator shall
                                             date of enactment of the American Energy                tion and Production Act (42 U.S.C.                     consider and assess the adequacy of the spec-
                                             Innovation Act of 2020, each Federal agency             6834(a)(3)(D)) a list of those certification sys-      ifications, measurements, best practices, and
                                             shall coordinate with the Director, the Sec-            tems that the Director identifies as the most          benchmarks described in subsection (b) for
                                             retary, and the Administrator of the Envi-              likely to encourage a comprehensive and en-            use by the Federal Energy Management Pro-
                                             ronmental Protection Agency to develop an               vironmentally sound approach to certifi-               gram, the Energy Star Program, and other
                                             implementation strategy (including best-                cation of green buildings.’’; and                      efficiency programs of the Department of
                                             practices and measurement and verification                 (3) in paragraph (2)—                               Energy or the Environmental Protection




dlhill on DSKBBY8HB2PROD with SENATE
                                             techniques) for the maintenance, purchase,                 (A) in the matter preceding subparagraph            Agency.
                                             and use by the Federal agency of energy-effi-           (A), by striking ‘‘system’’ and inserting                 ‘‘(e) STUDY.—
                                             cient and energy-saving information tech-               ‘‘systems’’;                                              ‘‘(1) DEFINITION OF REPORT.—In this sub-
                                             nologies at or for facilities owned and oper-              (B) by striking subparagraph (A) and in-            section, the term ‘report’ means the report
                                             ated by the Federal agency, taking into con-            serting the following:                                 of the Lawrence Berkeley National Labora-
                                             sideration the performance goals established               ‘‘(A) an ongoing review provided to the             tory entitled ‘United States Data Center En-
                                             under paragraph (4).                                    Secretary pursuant to section 305(a)(3)(D) of          ergy Usage Report’ and dated June 2016,




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00025   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1534                                             CONGRESSIONAL RECORD — SENATE                                                           March 5, 2020
                                             which was prepared as an update to the ‘Re-               ‘‘(1) IN GENERAL.—Subject to paragraph (2),          qualified entities for the purchase or instal-
                                             port to Congress on Server and Data Center              not later than 180 days after the date of en-          lation of a qualified extended product sys-
                                             Energy Efficiency’, published on August 2,              actment of this subsection, the Adminis-               tem.
                                             2007, pursuant to section 1 of Public Law 109–          trator shall revise the certification require-           (c) QUALIFIED ENTITIES.—
                                             431 (120 Stat. 2920).                                   ments for the labeling of consumer, home,                (1) ELIGIBILITY REQUIREMENTS.—A qualified
                                               ‘‘(2) STUDY.—Not later than 4 years after             and office electronic products for program             entity under this section shall be—
                                             the date of enactment of the American En-               partners that have complied with all require-            (A) in the case of a qualified extended
                                             ergy Innovation Act of 2020, the Secretary,             ments of the Energy Star program for a pe-             product system described in subsection
                                             in collaboration with the Administrator,                riod of at least 18 months.                            (a)(4)(A), the purchaser of the qualified ex-
                                             shall make available to the public an update              ‘‘(2) ADMINISTRATION.—In the case of a pro-          tended product that is installed; and
                                             to the report that provides—                            gram partner described in paragraph (1), the             (B) in the case of a qualified extended prod-
                                               ‘‘(A) a comparison and gap analysis of the            new requirements under paragraph (1)—                  uct system described in subsection (a)(4)(B),
                                             estimates and projections contained in the                ‘‘(A) shall not require third-party certifi-         the manufacturer of the commercial or in-
                                             report with new data regarding the period               cation for a product to be listed; but                 dustrial machinery or equipment that incor-
                                             from 2015 through 2019;                                   ‘‘(B) may require that test data and other           porated the extended product system into
                                               ‘‘(B) an analysis considering the impact of           product information be submitted to facili-            that machinery or equipment.
                                             information        technologies,     including          tate product listing and performance                     (2) APPLICATION.—To be eligible to receive
                                             virtualization and cloud computing, in the              verification for a sample of products.                 a rebate under this section, a qualified enti-
                                             public and private sectors;                               ‘‘(3) THIRD PARTIES.—Nothing in this sub-            ty shall submit to the Secretary—
                                               ‘‘(C) an evaluation of the impact of the              section prevents the Administrator from                  (A) an application in such form, at such
                                             combination of cloud platforms, mobile de-              using third parties in the course of the ad-           time, and containing such information as the
                                             vices, social media, and big data on data cen-          ministration of the Energy Star program.               Secretary may require; and
                                             ter energy usage;                                         ‘‘(4) TERMINATION.—                                    (B) a certification that includes dem-
                                               ‘‘(D) an evaluation of water usage in data              ‘‘(A) IN GENERAL.—Subject to subparagraph            onstrated evidence—
                                             centers and recommendations for reductions              (B), an exemption from third-party certifi-              (i) that the entity is a qualified entity; and
                                             in that water usage; and                                cation provided to a program partner under               (ii)(I) in the case of a qualified entity de-
                                               ‘‘(E) updated projections and recommenda-             paragraph (1) shall terminate if the program           scribed in paragraph (1)(A)—
                                             tions for best practices through fiscal year            partner is found to have violated program re-            (aa) that the qualified entity installed the
                                             2025.                                                   quirements with respect to at least 2 sepa-            qualified extended product system during
                                               ‘‘(f) DATA CENTER ENERGY PRACTITIONER                 rate models during a 2-year period.                    the 2 fiscal years following the date of enact-
                                             PROGRAM.—                                                 ‘‘(B) RESUMPTION.—A termination for a                ment of this Act;
                                               ‘‘(1) IN GENERAL.—The Secretary, in col-              program partner under subparagraph (A)                   (bb) that the qualified extended product
                                             laboration with key stakeholders and the Di-            shall cease if the program partner complies            system meets the requirements of subsection
                                             rector of the Office of Management and                  with all Energy Star program requirements              (a)(4)(A); and
                                             Budget, shall maintain a data center energy             for a period of at least 3 years.’’.                     (cc) showing the serial number, manufac-
                                             practitioner program that provides for the              SEC. 1042. EXTENDED PRODUCT SYSTEM REBATE              turer, and model number from the nameplate
                                                                                                                  PROGRAM.                                  of the installed motor of the qualified entity
                                             certification of energy practitioners quali-
                                                                                                       (a) DEFINITIONS.—In this section:                    on which the qualified extended product sys-
                                             fied to evaluate the energy usage and effi-
                                                                                                       (1) ELECTRIC MOTOR.—The term ‘‘electric              tem was installed; or
                                             ciency opportunities in federally owned and
                                                                                                     motor’’ has the meaning given the term in                (II) in the case of a qualified entity de-
                                             operated data centers.
                                                                                                     section 431.12 of title 10, Code of Federal Reg-       scribed in paragraph (1)(B), demonstrated
                                               ‘‘(2) EVALUATIONS.—Each Federal agency
                                                                                                     ulations (as in effect on the date of enact-           evidence—
                                             shall consider having the data centers of the
                                                                                                     ment of this Act).                                       (aa) that the qualified extended product
                                             agency evaluated once every 4 years by en-
                                                                                                        (2) ELECTRONIC CONTROL.—The term ‘‘elec-            system meets the requirements of subsection
                                             ergy practitioners certified pursuant to the
                                                                                                     tronic control’’ means—                                (a)(4)(B); and
                                             program, whenever practicable using cer-
                                                                                                        (A) a power converter; or                             (bb) showing the serial number, manufac-
                                             tified practitioners employed by the agency.
                                                                                                        (B) a combination of a power circuit and            turer, and model number from the nameplate
                                               ‘‘(g) OPEN DATA INITIATIVE.—
                                                                                                     control circuit included on 1 chassis.                 of the installed motor of the qualified entity
                                               ‘‘(1) IN GENERAL.—The Secretary, in col-
                                                                                                        (3) EXTENDED PRODUCT SYSTEM.—The term               with which the extended product system is
                                             laboration with key stakeholders and the Di-
                                                                                                     ‘‘extended product system’’ means an elec-             integrated.
                                             rector of the Office of Management and
                                                                                                     tric motor and any required associated elec-             (d) AUTHORIZED AMOUNT OF REBATE.—
                                             Budget, shall establish an open data initia-
                                                                                                     tronic control and driven load that—                     (1) IN GENERAL.—The Secretary may pro-
                                             tive relating to energy usage at federally
                                                                                                        (A) offers variable speed or multispeed op-         vide to a qualified entity a rebate in an
                                             owned and operated data centers, with the
                                                                                                     eration;                                               amount equal to the product obtained by
                                             purpose of making the data available and ac-
                                                                                                        (B) offers partial load control that reduces        multiplying—
                                             cessible in a manner that encourages further
                                                                                                     input energy requirements (as measured in                (A) an amount equal to the sum of the
                                             data center innovation, optimization, and
                                                                                                     kilowatt-hours) as compared to identified              nameplate rated horsepower of—
                                             consolidation.
                                                                                                     base levels set by the Secretary; and                    (i) the electric motor to which the quali-
                                               ‘‘(2) CONSIDERATION.—In establishing the
                                                                                                        (C)(i) has greater than 1 horsepower; and           fied extended product system is attached;
                                             initiative under paragraph (1), the Secretary
                                                                                                        (ii) uses an extended product system tech-          and
                                             shall consider using the online Data Center
                                                                                                     nology, as determined by the Secretary.                  (ii) the electronic control; and
                                             Maturity Model.
                                                                                                        (4) QUALIFIED EXTENDED PRODUCT SYSTEM.—               (B) $25.
                                               ‘‘(h) INTERNATIONAL SPECIFICATIONS AND
                                                                                                        (A) IN GENERAL.—The term ‘‘qualified ex-              (2) MAXIMUM AGGREGATE AMOUNT.—A quali-
                                             METRICS.—The Secretary, in collaboration
                                                                                                     tended product system’’ means an extended              fied entity shall not be entitled to aggregate
                                             with key stakeholders, shall actively partici-
                                                                                                     product system that—                                   rebates under this section in excess of $25,000
                                             pate in efforts to harmonize global specifica-
                                                                                                        (i) includes an electric motor and an elec-         per calendar year.
                                             tions and metrics for data center energy and
                                                                                                     tronic control; and                                      (e) AUTHORIZATION OF APPROPRIATIONS.—
                                             water efficiency.
                                                                                                        (ii) reduces the input energy (as measured          There is authorized to be appropriated to
                                               ‘‘(i) DATA CENTER UTILIZATION METRIC.—
                                                                                                     in kilowatt-hours) required to operate the             carry out this section $5,000,000 for each of
                                             The Secretary, in collaboration with key
                                                                                                     extended product system by not less than 5             the first 2 full fiscal years following the date
                                             stakeholders, shall facilitate in the develop-
                                                                                                     percent, as compared to identified base lev-           of enactment of this Act, to remain available
                                             ment of an efficiency metric that measures
                                                                                                     els set by the Secretary.                              until expended.
                                             the energy efficiency of a data center (in-
                                                                                                        (B) INCLUSIONS.—The term ‘‘qualified ex-            SEC. 1043. ENERGY EFFICIENT TRANSFORMER
                                             cluding equipment and facilities).                                                                                        REBATE PROGRAM.
                                               ‘‘(j) PROTECTION OF PROPRIETARY INFORMA-              tended product system’’ includes commercial
                                                                                                     or industrial machinery or equipment that—               (a) DEFINITIONS.—In this section:
                                             TION.—The Secretary and the Administrator
                                                                                                        (i)(I) did not previously make use of the ex-         (1) QUALIFIED ENERGY EFFICIENT TRANS-
                                             shall not disclose any proprietary informa-                                                                    FORMER.—The term ‘‘qualified energy effi-
                                             tion or trade secrets provided by any indi-             tended product system prior to the redesign
                                                                                                     described in subclause (II); and                       cient transformer’’ means a transformer that
                                             vidual or company for the purposes of car-                                                                     meets or exceeds the applicable energy con-
                                             rying out this section or the programs and                 (II) incorporates an extended product sys-
                                                                                                     tem that has greater than 1 horsepower into            servation standards described in the tables
                                             initiatives established under this section.’’.                                                                 in subsection (b)(2) and paragraphs (1) and (2)
                                                                                                     redesigned machinery or equipment; and




dlhill on DSKBBY8HB2PROD with SENATE
                                                 Subpart D—Rebates and Certifications                   (ii) was previously used prior to, and was          of subsection (c) of section 431.196 of title 10,
                                             SEC. 1041. THIRD-PARTY CERTIFICATION UNDER              placed back into service during, calendar              Code of Federal Regulations (as in effect on
                                                         ENERGY STAR PROGRAM.                        year 2021 or 2022.                                     the date of enactment of this Act).
                                               Section 324A of the Energy Policy and Con-               (b) ESTABLISHMENT.—Not later than 180                 (2) QUALIFIED ENERGY INEFFICIENT TRANS-
                                             servation Act (42 U.S.C. 6294a) is amended by           days after the date of enactment of this Act,          FORMER.—The term ‘‘qualified energy ineffi-
                                             adding at the end the following:                        the Secretary shall establish a program to             cient transformer’’ means a transformer
                                               ‘‘(e) THIRD-PARTY CERTIFICATION.—                     provide rebates for expenditures made by               with an equal number of phases and capacity




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00026   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                      S1535
                                             to a transformer described in any of the ta-            fiscal years 2021 and 2022, to remain available           (4) by inserting after paragraph (4) the fol-
                                             bles in subsection (b)(2) and paragraphs (1)            until expended.                                         lowing:
                                             and (2) of subsection (c) of section 431.196 of           (f) TERMINATION OF EFFECTIVENESS.—The                   ‘‘(5) In carrying out paragraph (3), the Sec-
                                             title 10, Code of Federal Regulations (as in            authority provided by this section termi-               retary may take into consideration evi-
                                             effect on the date of enactment of this Act)            nates on December 31, 2022.                             dence-based values for improvements in the
                                             that—                                                             Subpart E—Miscellaneous                       health and safety of occupants of weather-
                                               (A) does not meet or exceed the applicable            SEC.    1051.    STATE   ENERGY      CONSERVATION       ized homes, and other non-energy benefits,
                                             energy conservation standards described in                              PLANS.                                  as determined by the Secretary.’’.
                                             paragraph (1); and                                        Section 362(d) of the Energy Policy and                 (c) CONTRACTOR OPTIMIZATION.—
                                               (B)(i) was manufactured between January               Conservation Act (42 U.S.C. 6322(d)) is                   (1) TECHNICAL TRANSFER GRANTS.—Section
                                             1, 1987, and December 31, 2008, for a trans-            amended by striking paragraph (3) and in-               414B(a)(4) of the Energy Conservation and
                                             former with an equal number of phases and               serting the following:                                  Production Act (42 U.S.C. 6864b(a)(4)) is
                                             capacity as a transformer described in the                ‘‘(3) programs to increase transportation             amended—
                                             table in subsection (b)(2) of section 431.196 of        energy efficiency, including programs to                  (A) by striking ‘‘for persons’’ and inserting
                                             title 10, Code of Federal Regulations (as in            help reduce carbon emissions in the trans-              the following: ‘‘for—
                                             effect on the date of enactment of this Act);           portation sector and accelerate the use of al-            ‘‘(A) persons’’; and
                                             or                                                      ternative transportation fuels for and elec-              (B) in subparagraph (A) (as so designated),
                                               (ii) was manufactured between January 1,              trification of State government vehicles,               by striking the period at the end and insert-
                                             1992, and December 31, 2011, for a transformer          fleet vehicles, taxis and ridesharing services,         ing the following: ‘‘; and
                                             with an equal number of phases and capacity             mass transit, school buses, and privately                 ‘‘(B) private entities that are contracted to
                                             as a transformer described in the table in              owned passenger and medium- and heavy-                  provide weatherization assistance under this
                                             paragraph (1) or (2) of subsection (c) of that          duty vehicles;’’.                                       part, in accordance with rules determined by
                                             section (as in effect on the date of enactment          SEC. 1052. REPORT ON ELECTROCHROMIC GLASS.              the Secretary.’’.
                                             of this Act).                                             (a)    DEFINITION    OF    ELECTROCHROMIC               (2) CONTRACTOR OPTIMIZATION.—The Energy
                                               (3) QUALIFIED ENTITY.—The term ‘‘qualified            GLASS.—In      this   section,   the   term             Conservation and Production Act is amended
                                             entity’’ means an owner of industrial or                ‘‘electrochromic glass’’ means glass that               by inserting after section 414B (42 U.S.C.
                                             manufacturing facilities, commercial build-             uses electricity to change the light transmit-          6864b) the following:
                                             ings, or multifamily residential buildings, a           tance properties of the glass to heat or cool           ‘‘SEC. 414C. CONTRACTOR OPTIMIZATION.
                                             utility, or an energy service company that              a structure.                                              ‘‘The Secretary may request that entities
                                             fulfills the requirements of subsection (d).               (b) REPORT.—Not later than 1 year after
                                               (b) ESTABLISHMENT.—Not later than 90 days                                                                     receiving funding from the Federal Govern-
                                                                                                     the date of enactment of this Act, the Sec-             ment or from a State through a weatheriza-
                                             after the date of enactment of this Act, the            retary, in collaboration with the heads of
                                             Secretary shall establish a program to pro-                                                                     tion assistance program under section 413 or
                                                                                                     other relevant agencies, shall submit to the            414—
                                             vide rebates to qualified entities for expendi-         Committee on Energy and Natural Resources
                                             tures made by the qualified entity for the re-                                                                    ‘‘(1) perform periodic reviews of the use of
                                                                                                     of the Senate and the Committee on Energy               private contractors in the provision of
                                             placement of a qualified energy inefficient             and Commerce of the House of Representa-
                                             transformer with a qualified energy efficient                                                                   weatherization assistance, if applicable; and
                                                                                                     tives a report that addresses the benefits of             ‘‘(2) encourage an increased use and ex-
                                             transformer.                                            electrochromic glass, including the fol-
                                               (c) REQUIREMENTS.—To be eligible to re-                                                                       panded role of contractors as appropriate.’’.
                                                                                                     lowing:                                                   (3) TABLE OF CONTENTS AMENDMENT.—The
                                             ceive a rebate under this section, an entity
                                             shall submit to the Secretary an application               (1) Reductions in energy consumption in              table of contents for the Energy Conserva-
                                             in such form, at such time, and containing              commercial buildings, especially peak cool-             tion and Production Act (Public Law 94–385;
                                             such information as the Secretary may re-               ing load reduction and annual energy bill               90 Stat. 1125) is amended by inserting after
                                             quire, including demonstrated evidence—                 savings.                                                the item relating to section 414B the fol-
                                               (1) that the entity purchased a qualified                (2) Benefits in the workplace, especially            lowing:
                                             energy efficient transformer;                           visual comfort and employee health.
                                                                                                        (3) Benefits of natural light in hospitals for       ‘‘Sec. 414C. Contractor optimization.’’.
                                               (2) of the core loss value of the qualified                                                                     (d) FINANCIAL ASSISTANCE FOR WAP EN-
                                             energy efficient transformer;                           patients and staff, especially accelerated pa-
                                                                                                     tient healing and recovery time.                        HANCEMENT AND INNOVATION.—
                                               (3) of the age of the qualified energy ineffi-                                                                  (1) IN GENERAL.—The Energy Conservation
                                             cient transformer being replaced;                       SEC.   1053.     ADVANCE     APPROPRIATIONS       RE-
                                                                                                                     QUIRED.                                 and Production Act (Public Law 94–385; 90
                                               (4) of the core loss value of the qualified                                                                   Stat. 1125) is amended by inserting after sec-
                                             energy inefficient transformer being re-                  The authorization of amounts under this
                                                                                                     part and the amendments made by this part               tion 414C (as added by subsection (c)(2)) the
                                             placed—                                                                                                         following:
                                               (A) as measured by a qualified professional           shall be effective for any fiscal year only to
                                             or verified by the equipment manufacturer,              the extent and in the amount provided in ad-            ‘‘SEC. 414D. FINANCIAL ASSISTANCE FOR WAP EN-
                                                                                                     vance in appropriations Acts.                                         HANCEMENT AND INNOVATION.
                                             as applicable; or
                                               (B) for transformers described in sub-                        PART II—WEATHERIZATION                            ‘‘(a) PURPOSES.—The purposes of this sec-
                                             section (a)(2)(B)(i), as selected from a table          SEC. 1101. WEATHERIZATION ASSISTANCE PRO-               tion are—
                                             of default values as determined by the Sec-                         GRAM.                                         ‘‘(1) to expand the number of dwelling
                                             retary in consultation with applicable indus-             (a) DEFINITION OF WEATHERIZATION MATE-                units that are occupied by low-income per-
                                             try; and                                                RIALS.—Section 412(9)(J) of the Energy Con-             sons that receive weatherization assistance
                                               (5) that the qualified energy inefficient             servation and Production Act (42 U.S.C.                 under this section by making those dwelling
                                             transformer has been permanently decom-                 6862(9)(J)) is amended—                                 units weatherization-ready;
                                             missioned and scrapped.                                   (1) by inserting ‘‘, including renewable en-            ‘‘(2) to promote the deployment of renew-
                                               (d) AUTHORIZED AMOUNT OF REBATE.—The                  ergy technologies and other advanced tech-              able energy in dwelling units that are occu-
                                             amount of a rebate provided under this sec-             nologies,’’ after ‘‘technologies’’; and                 pied by low-income persons;
                                             tion shall be—                                            (2) by striking ‘‘Development,’’ and all                ‘‘(3) to ensure healthy indoor environments
                                               (1) for a 3-phase or single-phase trans-              that follows through the period at the end              by enhancing or expanding health and safety
                                             former with a capacity of not less than 10              and inserting ‘‘Development and the Sec-                measures and resources available to dwell-
                                             and not greater than 2,500 kilovolt-amperes,            retary of Agriculture.’’.                               ings that are occupied by low-income per-
                                             twice the amount equal to the difference in               (b) ALLOWANCE FOR HEALTH AND SAFETY                   sons;
                                             Watts between the core loss value (as meas-             BENEFITS.—Section 413(b) of the Energy Con-               ‘‘(4) to disseminate new methods and best
                                             ured in accordance with paragraphs (2) and              servation and Production Act (42 U.S.C.                 practices among eligible entities providing
                                             (4) of subsection (c)) of—                              6863(b)) is amended—                                    weatherization assistance under this section;
                                               (A) the qualified energy inefficient trans-             (1) in paragraph (2)(B), by striking ‘‘para-          and
                                             former; and                                             graph (5)’’ and inserting ‘‘paragraph (6)’’;              ‘‘(5) to encourage eligible entities pro-
                                               (B) the qualified energy efficient trans-               (2) in paragraph (3)—                                 viding weatherization assistance to hire and
                                             former; or                                                (A) in the first sentence, by striking ‘‘and          retain employees who are individuals—
                                               (2) for a transformer described in sub-               with the Director of the Community Services               ‘‘(A) from the community in which the as-
                                             section (a)(2)(B)(i), the amount determined             Administration’’; and                                   sistance is provided; and
                                             using a table of default rebate values by                 (B) in the first sentence of the undesig-               ‘‘(B) from communities or groups underrep-




dlhill on DSKBBY8HB2PROD with SENATE
                                             rated transformer output, as measured in                nated matter following subparagraph (C)—                resented in the home energy performance
                                             kilovolt-amperes, as determined by the Sec-               (i) by striking ‘‘part,’’ and inserting ‘‘part        workforce.
                                             retary in consultation with applicable indus-           and by’’; and                                             ‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In
                                             try.                                                      (ii) by striking ‘‘, and the Director’’ and all       this section, the term ‘eligible entity’
                                               (e) AUTHORIZATION OF APPROPRIATIONS.—                 that follows through ‘‘1964’’;                          means—
                                             There is authorized to be appropriated to                 (3) by redesignating paragraphs (5) and (6)             ‘‘(1) an entity receiving funding from the
                                             carry out this section $5,000,000 for each of           as paragraphs (6) and (7), respectively; and            Federal Government or from a State, Tribal,




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00027    Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1536                                             CONGRESSIONAL RECORD — SENATE                                                           March 5, 2020
                                             or local government through a weatheriza-               cluding experience successfully managing                 ‘‘(2) the energy and cost savings, and any
                                             tion assistance program under section 413 or            and administering Federal funds;                       other accomplishments, achieved under this
                                             414; and                                                  ‘‘(4) the strength of the proposal of the eli-       section during the year covered by the re-
                                               ‘‘(2) a nonprofit organization.                       gible entity to achieve one or more of the             port.
                                               ‘‘(c) FINANCIAL ASSISTANCE AWARDS.—The                purposes described in subsection (a);                    ‘‘(l) FUNDING.—
                                             Secretary shall, to the extent funds are made             ‘‘(5) the extent to which the eligible entity          ‘‘(1) IN GENERAL.—Subject to paragraphs (2)
                                             available, award financial assistance on an             will use partnerships and regional coordina-           and (3), for each of fiscal years 2021 through
                                             annual basis through a competitive process              tion to achieve one or more of the purposes            2025, of the amount appropriated under sec-
                                             to an eligible entity—                                  described in subsection (a);                           tion 422—
                                               ‘‘(1) with respect to dwelling units that are           ‘‘(6) regional and climate zone diversity;             ‘‘(A) if the amount is not more than
                                             occupied by low-income persons—                           ‘‘(7) urban, suburban, and rural localities;         $225,000,000, no funds shall be used to carry
                                               ‘‘(A) to implement measures to make those             and                                                    out this section;
                                             dwelling units weatherization-ready, includ-              ‘‘(8) any other appropriate factor, as deter-          ‘‘(B) if the amount is not more than
                                             ing by addressing structural, plumbing, roof-           mined by the Secretary.                                $260,000,000, not more than 2 percent of that
                                             ing, and electrical issues, environmental                 ‘‘(f) FIRST AWARD.—Subject to the avail-             amount may be used to carry out this sec-
                                             hazards, and other issues that the Secretary            ability of appropriations, not later than 270          tion;
                                             determines to be appropriate;                           days after the date of enactment of this sec-            ‘‘(C) if the amount is not more than
                                               ‘‘(B) to install energy efficiency tech-              tion, the Secretary shall make a first award           $300,000,000, not more than 4 percent of that
                                             nologies, including home energy manage-                 of financial assistance under this section.            amount may be used to carry out this sec-
                                             ment systems, smart devices, and other tech-              ‘‘(g) AMOUNT AND TERM.—                              tion; and
                                             nologies the Secretary determines to be ap-               ‘‘(1) MAXIMUM AMOUNT.—The total amount                 ‘‘(D) if the amount is more than
                                             propriate;                                              of financial assistance awarded to an eligible         $300,000,000, not more than 6 percent of that
                                               ‘‘(C) to install renewable energy systems             entity under this section shall not exceed             amount may be used to carry out this sec-
                                             (as defined in section 415(c)(6)(A)); and               $2,000,000.                                            tion.
                                               ‘‘(D) to implement measures to ensure                   ‘‘(2) PLANNING, MANAGEMENT, AND ADMINIS-               ‘‘(2) AMOUNTS EXCLUDED.—Each amount de-
                                             healthy indoor environments by improving                TRATION.—Of the amount awarded to an eli-              scribed in paragraph (1) shall not include the
                                             indoor air quality, accessibility, and other            gible entity under this section, not more              amount made available for Department of
                                             healthy home measures, as determined by                 than 15 percent may be used by the eligible            Energy headquarters training or technical
                                             the Secretary;                                          entity for the purpose described in sub-               assistance.
                                               ‘‘(2) to improve the capability of the eligi-         section (c)(8).                                          ‘‘(3) MAXIMUM AMOUNT.—The maximum
                                             ble entity—                                               ‘‘(3) TECHNICAL AND TRAINING ASSISTANCE.—            amount used to carry out this section in
                                               ‘‘(A) to significantly increase the number            The total amount of financial assistance               each fiscal year shall not exceed $25,000,000.’’.
                                             of energy retrofits performed by the eligible           awarded to an entity under this section shall            (2) TABLE OF CONTENTS.—The table of con-
                                             entity;                                                 be reduced by the cost of any technical and            tents for the Energy Conservation and Pro-
                                               ‘‘(B) to replicate best practices for work            training assistance provided by the Sec-               duction Act (Public Law 94–385; 90 Stat. 1125)
                                             performed under this section on a larger                retary under this section that relates to that         is amended by inserting after the item relat-
                                             scale;                                                  financial assistance.                                  ing to section 414C (as added by subsection
                                               ‘‘(C) to leverage additional funds to sustain           ‘‘(4) TERM.—The term of an award of finan-           (c)(3)) the following:
                                             the provision of weatherization assistance              cial assistance under this section shall not
                                                                                                                                                            ‘‘Sec. 414D. Financial assistance for WAP
                                             and other work performed under this section             exceed 3 years.
                                                                                                                                                                           enhancement and innovation.’’.
                                             after the financial assistance awarded under              ‘‘(5) RELATIONSHIP TO FORMULA GRANTS.—
                                                                                                                                                              (e) INCREASE IN ADMINISTRATIVE FUNDS.—
                                             this section is expended; and                           An eligible entity may use financial assist-
                                                                                                                                                            Section 415(a)(1) of the Energy Conservation
                                               ‘‘(D) to hire and retain employees de-                ance awarded under this section in conjunc-
                                                                                                                                                            and Production Act (42 U.S.C. 6865(a)(1)) is
                                             scribed in subsection (a)(5);                           tion with other financial assistance provided
                                                                                                                                                            amended by striking ‘‘10 percent’’ and insert-
                                               ‘‘(3) for innovative outreach and education           to the eligible entity under this part.
                                                                                                       ‘‘(h) GUIDANCE.—Not later than 90 days               ing ‘‘15 percent’’.
                                             regarding the benefits and availability of                                                                       (f)     REWEATHERIZATION      DATE.—Section
                                                                                                     after the date of enactment of this section,
                                             weatherization assistance and other assist-                                                                    415(c) of the Energy Conservation and Pro-
                                                                                                     the Secretary shall issue guidance on imple-
                                             ance available under this section;                                                                             duction Act (42 U.S.C. 6865(c)) is amended by
                                                                                                     menting this section, which shall include,
                                               ‘‘(4) for quality control of work performed                                                                  striking paragraph (2) and inserting the fol-
                                                                                                     with respect to eligible entities awarded fi-
                                             under this section;                                                                                            lowing:
                                                                                                     nancial assistance under this section—
                                               ‘‘(5) for data collection, measurement, and                                                                    ‘‘(2) FURTHER ASSISTANCE.—
                                                                                                       ‘‘(1) standards for allowable expenditures;
                                             verification with respect to that work;                                                                          ‘‘(A) DEFINITION OF INTERIM SERVICE.—
                                                                                                       ‘‘(2) a minimum saving-to-investment
                                               ‘‘(6) for program monitoring, oversight,                                                                       ‘‘(i) IN GENERAL.—In this paragraph, the
                                                                                                     ratio; and
                                             evaluation, and reporting of that work;                                                                        term ‘interim service’ means an energy serv-
                                                                                                       ‘‘(3) standards for—
                                               ‘‘(7) for labor, training, and technical as-                                                                 ice that takes place between instances of
                                                                                                       ‘‘(A) training programs;
                                             sistance relating to that work;                                                                                weatherization or partial weatherization of a
                                                                                                       ‘‘(B) energy audits;
                                               ‘‘(8) subject to subsection (g)(2), for plan-                                                                dwelling unit, as determined by the Sec-
                                                                                                       ‘‘(C) the provision of technical assistance;
                                             ning, management, and administration of                                                                        retary.
                                                                                                       ‘‘(D) monitoring activities carried out
                                             that work; and                                                                                                   ‘‘(ii) INCLUSION.—In this paragraph, the
                                                                                                     using the financial assistance;
                                               ‘‘(9) for any other appropriate activity, as                                                                 term ‘interim service’ includes—
                                                                                                       ‘‘(E) verification of energy and cost sav-
                                             determined by the Secretary.                                                                                     ‘‘(I) the provision of energy information
                                                                                                     ings;
                                               ‘‘(d) APPLICATIONS.—To be eligible for an               ‘‘(F) liability insurance requirements; and          and education to assist with energy manage-
                                             award of financial assistance under this sec-             ‘‘(G) recordkeeping and reporting require-           ment;
                                             tion, an eligible entity shall submit to the            ments, which shall include reporting to the              ‘‘(II) an evaluation of the effectiveness of
                                             Secretary an application in such manner and             Office of Weatherization and Intergovern-              installed weatherization measures; and
                                             containing such information as the Sec-                 mental Programs of the Department of En-                 ‘‘(III) the provision of services, equipment,
                                             retary may require.                                     ergy applicable data on each dwelling unit             or other measures funded by non-Federal
                                               ‘‘(e) AWARD FACTORS.—In awarding finan-               retrofitted or otherwise assisted by the eligi-        funds, as determined by the Secretary.
                                             cial assistance under this section, the Sec-            ble entity using the financial assistance.               ‘‘(B) FURTHER ASSISTANCE.—Dwelling units
                                             retary shall consider—                                    ‘‘(i) COMPLIANCE WITH STATE AND LOCAL                weatherized or partially weatherized under
                                               ‘‘(1) the record of the eligible entity, using        LAW.—Nothing in this section supersedes or             this part, or under other Federal programs—
                                             the most recent year for which data are                 modifies any State or local law to the extent            ‘‘(i) may not receive further financial as-
                                             available, in constructing, renovating, re-             that the State or local law is more stringent          sistance for weatherization under this part
                                             pairing, and making energy efficient single-            than this section.                                     until the date that is 15 years after the date
                                             family, multifamily, or manufactured homes                ‘‘(j) REVIEW AND EVALUATION.—The Sec-                on which the previous weatherization was
                                             that are occupied by low-income persons, ei-            retary shall review and evaluate the per-              completed; and
                                             ther directly or through affiliates, chapters,          formance of each eligible entity that re-                ‘‘(ii) may receive further financial assist-
                                             or other partners;                                      ceives an award of financial assistance under          ance for weatherization under this part for
                                               ‘‘(2) the number of dwelling units occupied           this section, which may include an audit.              the purpose of providing an interim serv-
                                             by low-income persons that the eligible enti-             ‘‘(k) ANNUAL REPORT.—The Secretary shall             ice.’’.




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




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00028   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1537
                                               ‘‘(1) IN GENERAL.—Subject to paragraph (2),             (2) in subsection (c), by striking ‘‘10’’ and          ‘‘(3) to support efforts to increase the effi-
                                             any payments’’; and                                     inserting ‘‘22’’;                                      ciency of energy conversion, lower the cost,
                                               (2) by adding at the end the following:                 (3) in subsection (e)(2), by striking ‘‘section      increase the use, improve the reliability, and
                                               ‘‘(2) TIMING.—Notwithstanding any other               29(d)(2)(B)’’     and     inserting     ‘‘section      demonstrate the applicability of marine en-
                                             provision of law (including regulations), not           45K(d)(2)(B)’’;                                        ergy technologies by participating in dem-
                                             later than 60 days after the date on which                (4) in subsection (f), by striking ‘‘20’’ and        onstration projects;
                                             funds have been made available to provide               inserting ‘‘32’’; and                                    ‘‘(4) to investigate variability issues and
                                             assistance under this part, the Secretary                 (5) in subsection (g), by striking ‘‘each of         the efficient and reliable integration of ma-
                                             shall distribute to the applicable recipient            the fiscal years 2006 through 2015’’ and in-           rine energy with the utility grid;
                                             the full amount of assistance to be provided            serting ‘‘each of fiscal years 2021 through              ‘‘(5) to identify and study critical short-
                                             to the recipient under this part for the fiscal         2036’’.                                                and long-term needs to create a sustainable
                                             year.’’.                                                  (b) HYDROELECTRIC EFFICIENCY IMPROVE-                marine energy supply chain based in the
                                               (h) ANNUAL REPORT.—Section 421 of the En-             MENT.—Section 243(c) of the Energy Policy              United States;
                                             ergy Conservation and Production Act (42                Act of 2005 (42 U.S.C. 15882(c)) is amended by           ‘‘(6) to increase the reliability and surviv-
                                             U.S.C. 6871) is amended in the second sen-              striking ‘‘each of the fiscal years 2006               ability of marine energy technologies;
                                             tence by inserting ‘‘the number of multi-               through 2015’’ and inserting ‘‘each of fiscal            ‘‘(7) to verify the performance, reliability,
                                             family buildings in which individual dwell-             years 2021 through 2036’’.                             maintainability, and cost of new marine en-
                                             ing units were weatherized during the pre-              SEC. 1202. MARINE ENERGY RESEARCH AND DE-              ergy device designs and system components
                                             vious year, the number of individual dwell-                         VELOPMENT.                                 in an operating environment;
                                             ing units in multifamily buildings weather-               (a) PURPOSE.—The purpose of this section               ‘‘(8) to consider the protection of critical
                                             ized during the previous year,’’ after ‘‘the av-        is to support marine energy programs that—             infrastructure, such as adequate separation
                                             erage size of the dwellings being weather-                (1) promote research on, and the develop-            between marine energy devices and projects
                                             ized,’’.                                                ment of, increased energy generation and ca-           and submarine telecommunications cables,
                                               (i) REAUTHORIZATION OF WAP.—Section 422               pacity at reduced costs;                               including consideration of established indus-
                                             of the Energy Conservation and Production                 (2) promote research and development ac-             try standards;
                                             Act (42 U.S.C. 6872) is amended in the matter           tivities that improve environmental out-                 ‘‘(9)(A) to coordinate the programs carried
                                             preceding paragraph (1) by striking ‘‘appro-            comes of marine energy technologies;                   out under this section with, and avoid dupli-
                                             priated’’ and all that follows through ‘‘2012..’’         (3) provide grid stability and create new            cation of activities across, programs of the
                                             in paragraph (5) and inserting ‘‘appropriated           market opportunities; and                              Department and other applicable Federal
                                             $350,000,000 for each of fiscal years 2021                (4) promote job creation in the energy sec-          agencies, including National Laboratories;
                                             through 2025.’’.                                        tor.                                                   and
                                               (j) WAIVER STUDY.—                                      (b) DEFINITION OF MARINE ENERGY.—                      ‘‘(B) to coordinate public-private collabo-
                                               (1) IN GENERAL.—It is the sense of Congress             (1) IN GENERAL.—Section 632 of the Energy            ration in carrying out the programs under
                                             that, to the maximum extent practicable,                Independence and Security Act of 2007 (42              this section;
                                             the Secretary should coordinate with the Di-            U.S.C. 17211) is amended to read as follows:             ‘‘(10) to identify opportunities for joint re-
                                             rector of the Office of Management and                                                                         search and development programs and the
                                                                                                     ‘‘SEC. 632. DEFINITION OF MARINE ENERGY.
                                             Budget to grant waivers of requirements                                                                        development of economies of scale between—
                                                                                                       ‘‘In this subtitle, the term ‘marine energy’           ‘‘(A) marine energy technologies; and
                                             under section 200.313 of title 2, Code of Fed-          means energy from—
                                             eral Regulations (or successor regulations),                                                                     ‘‘(B) other renewable energy and fossil en-
                                                                                                       ‘‘(1) waves, tides, and currents in oceans,          ergy programs, offshore oil and gas produc-
                                             to better leverage private sector funds for             estuaries, and tidal areas;
                                             the purposes of using funding awarded under                                                                    tion activities, and activities of the Depart-
                                                                                                       ‘‘(2) free-flowing hydrokinetic water in riv-        ment of Defense;
                                             the Weatherization Assistance Program for               ers, lakes, and streams;                                 ‘‘(11) to identify, in conjunction with the
                                             Low-Income Persons established under part                 ‘‘(3) free-flowing hydrokinetic water in             Secretary of Commerce, acting through the
                                             A of title IV of the Energy Conservation and            man-made channels; and                                 Under Secretary of Commerce for Oceans and
                                             Production Act (42 U.S.C. 6861 et seq.).                  ‘‘(4) differentials in ocean temperature or          Atmosphere, and other relevant Federal
                                               (2) STUDY.—Not more than 180 days after               ocean thermal energy conversion.’’.                    agencies as appropriate, the potential envi-
                                             the date of enactment of this Act, the Sec-               (2) CONFORMING EDITS.—                               ronmental impacts, including potential im-
                                             retary shall submit to the relevant commit-               (A) The subtitle heading for subtitle C of           pacts on fisheries and other marine re-
                                             tees of Congress a report that describes—               title VI of the Energy Independence and Se-            sources, of marine energy technologies,
                                               (A) each waiver that has been requested               curity Act of 2007 (Public Law 110–440; 121            measures to prevent adverse impacts, and
                                             under paragraph (1) after September 30, 2010;           Stat. 1686) is amended by striking ‘‘and               technologies and other means available for
                                             and                                                     Hydrokinetic Renewable’’.                              monitoring and determining environmental
                                               (B) the determination of the Secretary and              (B) Section 631 of the Energy Independence           impacts;
                                             the Director of the Office of Management                and Security Act of 2007 (42 U.S.C. 17001 note;          ‘‘(12) to identify, in conjunction with the
                                             and Budget regarding each waiver described              121 Stat. 1686) is amended by striking ‘‘and           Secretary of the Department in which the
                                             in subparagraph (A).                                    Hydrokinetic Renewable’’.                              United States Coast Guard is operating, act-
                                                      Subtitle B—Renewable Energy                      (c) MARINE ENERGY RESEARCH AND DEVEL-                ing through the Commandant of the United
                                             SEC. 1201. HYDROELECTRIC PRODUCTION INCEN-              OPMENT.—Section 633 of the Energy Inde-                States Coast Guard, the potential naviga-
                                                         TIVES AND EFFICIENCY IMPROVE-               pendence and Security Act of 2007 (42 U.S.C.           tional impacts of marine energy tech-
                                                         MENTS.                                      17212) is amended to read as follows:                  nologies and measures to prevent adverse
                                               (a) HYDROELECTRIC PRODUCTION INCEN-                   ‘‘SEC. 633. MARINE ENERGY RESEARCH AND DE-             impacts on navigation;
                                             TIVES.—Section 242 of the Energy Policy Act                          VELOPMENT.                                  ‘‘(13) to support in-water technology devel-
                                             of 2005 (42 U.S.C. 15881) is amended—                      ‘‘(a) IN GENERAL.—The Secretary, acting             opment with international partners using ex-
                                                (1) in subsection (b), by striking paragraph         through the Director of the Water Power                isting cooperative procedures (including
                                             (1) and inserting the following:                        Technologies Office, in consultation with the          memoranda of understanding)—
                                                ‘‘(1) QUALIFIED HYDROELECTRIC FACILITY.—             Secretary of the Interior, the Secretary of              ‘‘(A) to allow cooperative funding and
                                             The term ‘qualified hydroelectric facility’             Commerce, and the Federal Energy Regu-                 other support of value to be exchanged and
                                             means a turbine or other generating device              latory Commission, shall carry out a pro-              leveraged; and
                                             owned or solely operated by a non-Federal               gram to accelerate the introduction of ma-               ‘‘(B) to encourage international research
                                             entity—                                                 rine energy production into the United                 centers and international companies to par-
                                                ‘‘(A) that generates hydroelectric energy            States energy supply, giving priority to               ticipate in the development of marine energy
                                             for sale; and                                           technologies most likely to lead to commer-            technology in the United States and to en-
                                                ‘‘(B)(i) that is added to an existing dam or         cial utilization, while fostering accelerated          courage United States research centers and
                                             conduit; or                                             research, development, demonstration, and              companies to participate in marine energy
                                                ‘‘(ii)(I) that has a generating capacity of          commercial application of technology, in-              projects abroad; and
                                             not more than 20 megawatts;                             cluding programs—                                        ‘‘(14) to assist in the development of tech-
                                                ‘‘(II) for which the non-Federal entity has            ‘‘(1) to assist technology development on a          nology necessary to support the use of ma-
                                             received a construction authorization from              variety of scales, including full-scale proto-         rine energy—
                                             the Federal Energy Regulatory Commission,               types, to improve the components, processes,             ‘‘(A) for the generation and storage of
                                             if applicable; and                                      and systems used for power generation from             power at sea, including in applications relat-




dlhill on DSKBBY8HB2PROD with SENATE
                                                ‘‘(III) that is constructed in an area in            marine energy resources;                               ing to—
                                             which there is inadequate electric service, as            ‘‘(2) to establish and expand critical test-           ‘‘(i) ocean observation and navigation;
                                             determined by the Secretary, including by               ing infrastructure and facilities necessary—             ‘‘(ii) underwater vehicle charging;
                                             taking into consideration—                                ‘‘(A) to cost-effectively and efficiently test         ‘‘(iii) marine aquaculture;
                                                ‘‘(aa) access to the electric grid;                  and prove marine energy devices; and                     ‘‘(iv) production of marine algae; and
                                                ‘‘(bb) the frequency of electric outages; or           ‘‘(B) to accelerate the technological readi-           ‘‘(v) extraction of critical minerals and
                                                ‘‘(cc) the affordability of electricity.’’;          ness and commercialization of those devices;           gasses from seawater;




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00029   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1538                                             CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                               ‘‘(B) for the generation and storage of                 (1) IN GENERAL.—The Secretary, in con-                 ‘‘(ii) risk maps for induced seismicity
                                             power to promote the resilience of coastal              sultation with the Secretary of Transpor-              based on geologic, geographic, and oper-
                                             communities, including in applications re-              tation and the Secretary of Commerce, shall            ational parameters; and
                                             lating to—                                              conduct a study to examine opportunities for             ‘‘(2) to the maximum extent practicable,
                                               ‘‘(i) desalination;                                   research and development in advanced ma-               by coordinating with relevant State officials
                                               ‘‘(ii) disaster recovery and resilience; and          rine energy technologies—                              and institutions of higher education to ex-
                                               ‘‘(iii) community microgrids in isolated                (A) to support the maritime transportation           pand geothermal assessments, including en-
                                             power systems; and                                      sector to enhance job creation, economic de-           hanced geothermal systems assessments, to
                                               ‘‘(C) in any other applications, as deter-            velopment, and competitiveness;                        include assessments for the Commonwealth
                                             mined by the Secretary.                                   (B) to support associated maritime energy            of Puerto Rico and the States of Alaska and
                                               ‘‘(b) COST SHARING AND MERIT REVIEW.—                 infrastructure, including infrastructure that          Hawaii.’’; and
                                             The Secretary shall carry out the program               serves ports, to improve system resilience               (4) in subsection (d) (as so redesignated), by
                                             under this section in accordance with sec-              and disaster recovery; and                             striking ‘‘necesary’’ and inserting ‘‘nec-
                                             tions 988 and 989 of the Energy Policy Act of             (C) to enable scientific missions at sea and         essary’’.
                                             2005 (42 U.S.C. 16352, 16353).’’.                       in extreme environments, including the Arc-              (b) GENERAL GEOTHERMAL RESEARCH AND
                                               (d) NATIONAL MARINE ENERGY CENTERS.—                  tic.                                                   DEVELOPMENT PROGRAMS.—Section 614 of the
                                             Section 634 of the Energy Independence and
                                                                                                       (2) REPORT.—Not later than 1 year after              Energy Independence and Security Act of
                                             Security Act of 2007 (42 U.S.C. 17213) is
                                                                                                     the date of enactment of this Act, the Sec-            2007 (42 U.S.C. 17193) is amended by adding at
                                             amended—
                                                                                                     retary shall submit to the Committee on En-            the end the following:
                                               (1) in the section heading, by striking ‘‘RE-
                                                                                                     ergy and Natural Resources of the Senate                 ‘‘(d) OIL AND GAS TECHNOLOGY TRANSFER
                                             NEWABLE ENERGY RESEARCH, DEVELOPMENT,
                                                                                                     and the Committee on Science, Space, and               INITIATIVE.—
                                             AND DEMONSTRATION’’ and inserting ‘‘EN-
                                                                                                     Technology of the House of Representatives               ‘‘(1) IN GENERAL.—The Secretary shall sup-
                                             ERGY’’;
                                                                                                     a report that describes the results of the             port an initiative among the Office of Fossil
                                               (2) by redesignating subsection (c) as sub-
                                                                                                     study conducted under paragraph (1).                   Energy, the Office of Energy Efficiency and
                                             section (d); and
                                                                                                       (g) CLERICAL AMENDMENTS.—The table of                Renewable Energy, and the private sector to
                                               (3) by striking subsections (a) and (b) and
                                                                                                     contents in section 1(b) of the Energy Inde-           modify, improve, and demonstrate the use in
                                             inserting the following:
                                               ‘‘(a) CENTERS.—                                       pendence and Security Act of 2007 (Public              geothermal energy development of relevant
                                               ‘‘(1) IN GENERAL.—The Secretary shall                 Law 110–140; 121 Stat. 1495) is amended—               advanced technologies and operation tech-
                                             award grants to institutions of higher edu-               (1) by striking the item relating to subtitle        niques used in the oil and gas sector.
                                             cation for—                                             C of title VI and inserting the following:               ‘‘(2) PRIORITIES.—In carrying out para-
                                               ‘‘(A) the continuation and expansion of re-              ‘‘Subtitle C—Marine Renewable Energy                graph (1), the Secretary shall prioritize tech-
                                             search, development, and testing activities                           Technologies’’; and                      nologies with the greatest potential to sig-
                                             at National Marine Energy Centers estab-                  (2) by striking the items relating to sec-           nificantly increase the use and lower the
                                             lished as of January 1, 2019; and                       tions 632, 633, and 634 and inserting the fol-         cost of geothermal energy in the United
                                               ‘‘(B) the establishment of new National               lowing:                                                States, including the cost and speed of small-
                                             Marine Energy Centers.                                  ‘‘Sec. 632. Definition of marine energy.               and large-scale geothermal drilling.
                                               ‘‘(2) CRITERIA.—In selecting locations for            ‘‘Sec. 633. Marine energy research and devel-            ‘‘(e) COPRODUCTION OF GEOTHERMAL ENERGY
                                             new National Marine Energy Centers to be                              opment.                                  AND MINERALS PRODUCTION PRIZE COMPETI-
                                             established under paragraph (1)(B), the Sec-            ‘‘Sec. 634. National Marine Energy Cen-                TION.—
                                             retary shall consider sites that meet one of                          ters.’’.                                   ‘‘(1) IN GENERAL.—The Secretary shall
                                             the following criteria:                                 SEC. 1203. ADVANCED GEOTHERMAL INNOVA-                 carry out a prize competition under which
                                               ‘‘(A) The new Center hosts an existing ma-                       TION LEADERSHIP.                            the Secretary shall award prizes to dem-
                                             rine energy research and development pro-                 (a) UPDATE TO GEOTHERMAL RESOURCE AS-                onstrate the coproduction of critical min-
                                             gram in coordination with an engineering                SESSMENT.—Section 2501 of the Energy Pol-              erals (as defined by the Secretary of the In-
                                             program at an institution of higher edu-                icy Act of 1992 (30 U.S.C. 1028) is amended—           terior on the date of enactment of the Amer-
                                             cation.                                                   (1) by redesignating subsections (a) and (b)         ican Energy Innovation Act of 2020) from
                                               ‘‘(B) The new Center has proven expertise             as subsections (b) and (d), respectively;              geothermal resources.
                                             to support environmental and policy-related               (2) by inserting before subsection (b) (as so          ‘‘(2)   REQUIREMENTS.—A        demonstration
                                             issues associated with the harnessing of en-            redesignated) the following:                           awarded a prize under paragraph (1) shall—
                                             ergy in the marine environment.                           ‘‘(a) DEFINITION OF ENHANCED GEOTHERMAL                ‘‘(A) improve the cost-effectiveness of re-
                                               ‘‘(C) The new Center has access to and uses           SYSTEMS.—In this section, the term ‘en-                moving minerals from geothermal brines as
                                             marine resources.                                       hanced geothermal systems’ has the meaning             part of the coproduction process;
                                               ‘‘(b) PURPOSES.—The National Marine En-               given the term in section 612 of the Energy              ‘‘(B) increase recovery rates of the tar-
                                             ergy Centers shall coordinate with other Na-            Independence and Security Act of 2007 (42              geted mineral commodity;
                                             tional Marine Energy Centers, the Depart-                                                                        ‘‘(C) decrease water use and other environ-
                                                                                                     U.S.C. 17191).’’;
                                             ment, and the National Laboratories—                                                                           mental impacts, as determined by the Sec-
                                                                                                       (3) by inserting after subsection (b) (as so
                                               ‘‘(1) to advance research, development, and                                                                  retary; and
                                                                                                     redesignated) the following:
                                             demonstration of marine energy tech-                      ‘‘(c) UPDATE TO GEOTHERMAL RESOURCE AS-                ‘‘(D) demonstrate a path to commercial vi-
                                             nologies;                                               SESSMENT.—The Secretary of the Interior,               ability.
                                               ‘‘(2) to support in-water testing and dem-            acting through the United States Geological              ‘‘(3) MAXIMUM PRIZE AMOUNT.—The max-
                                             onstration of marine energy technologies, in-           Survey, and in consultation with the Sec-              imum amount of a prize awarded under para-
                                             cluding facilities capable of testing—                  retary of Energy, shall update the 2008                graph (1) shall be $10,000,000.
                                               ‘‘(A) marine energy systems of various                United States geothermal resource assess-                ‘‘(f) DRILLING DATA REPOSITORY.—
                                             technology readiness levels and scales;                 ment carried out by the United States Geo-               ‘‘(1) IN GENERAL.—The Secretary shall, in
                                               ‘‘(B) a variety of technologies in multiple           logical Survey, including—                             coordination with the Secretary of the Inte-
                                             test berths at a single location; and                     ‘‘(1) with respect to areas previously iden-         rior, establish and operate a voluntary, in-
                                               ‘‘(C) arrays of technology devices; and               tified by the Department of Energy or the              dustry-wide repository of geothermal drill-
                                               ‘‘(3) to serve as information clearinghouses          United States Geological Survey as having              ing information to lower the cost of future
                                             for the marine energy industry by collecting            significant potential for hydrothermal en-             geothermal drilling.
                                             and disseminating information on best prac-             ergy or enhanced geothermal systems en-                  ‘‘(2) REPOSITORY.—
                                             tices in all areas relating to developing and           ergy, by focusing on—                                    ‘‘(A) IN GENERAL.—In carrying out para-
                                             managing marine energy resources and en-                  ‘‘(A) improving the resolution of resource           graph (1), the Secretary shall collaborate
                                             ergy systems.                                           potential at systematic temperatures and               with geothermally significant countries,
                                               ‘‘(c) COST SHARING.—The Secretary shall
                                                                                                     depths, including temperatures and depths              such as Iceland, Switzerland, Kenya, Aus-
                                             carry out the program under this section in
                                                                                                     appropriate for power generation and direct            tralia, the Philippines, and any other rel-
                                             accordance with section 988(b)(4) of the En-
                                                                                                     use applications;                                      evant country, as determined by the Sec-
                                             ergy Policy Act of 2005 (42 U.S.C.
                                                                                                       ‘‘(B) quantifying the total potential to co-         retary.
                                             16352(b)(4)).’’.
                                               (e) AUTHORIZATION OF APPROPRIATIONS.—                 produce geothermal energy and minerals;                  ‘‘(B) DATA SYSTEM.—The repository estab-
                                             Section 636 of the Energy Independence and                ‘‘(C) incorporating data relevant to under-          lished under paragraph (1) shall be inte-
                                             Security Act of 2007 (42 U.S.C. 17215) is               ground thermal energy storage and ex-                  grated with the National Geothermal Data




dlhill on DSKBBY8HB2PROD with SENATE
                                             amended by striking ‘‘$50,000,000 for each of           change, such as aquifer and soil properties;           System.’’.
                                             the fiscal years 2008 through 2012’’ and in-            and                                                      (c) ENHANCED GEOTHERMAL RESEARCH AND
                                             serting ‘‘$160,000,000 for each of fiscal years           ‘‘(D) producing high resolution maps, in-            DEVELOPMENT.—
                                             2021 and 2022’’.                                        cluding—                                                 (1) DEFINITION OF ENGINEERED.—Section
                                               (f) STUDY OF ENERGY INNOVATION IN MARINE                ‘‘(i) maps that indicate key subsurface pa-          612(1) of the Energy Independence and Secu-
                                             TRANSPORTATION AND INFRASTRUCTURE RE-                   rameters for electric and direct use re-               rity Act of 2007 (42 U.S.C. 17191(1)) is amend-
                                             SILIENCE.—                                              sources; and                                           ed in the matter preceding subparagraph (A)




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00030   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                    S1539
                                             by striking ‘‘subjected to intervention, in-            in locations that are potentially commer-              directly or through a heat exchanger to pro-
                                             cluding intervention’’ and inserting ‘‘de-              cially viable for enhanced geothermal sys-             vide—
                                             signed to access subsurface heat, including             tems development, as determined by the Sec-              ‘‘(A) heating to buildings; or
                                             nonstimulation technologies,’’.                         retary.                                                  ‘‘(B) heat required for industrial processes,
                                               (2) PROGRAMS.—Section 615(b) of the En-                 ‘‘(ii)        REQUIREMENTS.—Demonstration            agriculture, aquaculture, and other facili-
                                             ergy Independence and Security Act of 2007              projects under clause (i) shall—                       ties.
                                             (42 U.S.C. 17194(b)) is amended—                          ‘‘(I) collectively demonstrate—                        ‘‘(2) ECONOMICALLY DISTRESSED AREA.—The
                                               (A) in paragraph (1)—                                   ‘‘(aa) different geologic settings, such as          term ‘economically distressed area’ means
                                               (i) in subparagraph (C), by striking ‘‘map-           hot sedimentary aquifers, layered geologic             an area described in section 301(a) of the
                                             ping’’ and inserting ‘‘and fracture mapping,            systems, supercritical systems, and base-              Public Works and Economic Development
                                             including real-time modeling’’;                         ment rock systems; and                                 Act of 1965 (42 U.S.C. 3161(a)).
                                               (ii) in subparagraph (E), by striking ‘‘and’’           ‘‘(bb) a variety of development techniques,            ‘‘(3) GEOTHERMAL HEAT PUMP.—The term
                                             at the end;                                             including open hole and cased hole comple-             ‘geothermal heat pump’ means a system that
                                               (iii) by redesignating subparagraph (F) as            tions, differing well orientations, and stimu-         provides heating and cooling by exchanging
                                             subparagraph (K); and                                   lation mechanisms;                                     heat from shallow ground or surface water
                                               (iv) by inserting after subparagraph (E) the            ‘‘(II) to the extent practicable, use existing       using—
                                             following:                                              sites where subsurface characterization or               ‘‘(A) a closed loop system, which transfers
                                               ‘‘(F) well placement and orientation;                 geothermal energy integration analysis has             heat by way of buried or immersed pipes that
                                               ‘‘(G) long-term reservoir management;                 been conducted; and                                    contain a mix of water and working fluid; or
                                               ‘‘(H) drilling technologies, methods, and               ‘‘(III) each be carried out in accordance              ‘‘(B) an open loop system, which circulates
                                             tools;                                                  with section 988 of the Energy Policy Act of           ground or surface water directly into the
                                               ‘‘(I) improved exploration tools;                     2005 (42 U.S.C. 16352).                                building and returns the water to the same
                                               ‘‘(J) zonal isolation; and’’; and                       ‘‘(iii) EASTERN DEMONSTRATION.—Not less              aquifer or surface water source.
                                               (B) by striking paragraph (2) and inserting           than 1 demonstration project under clause (i)            ‘‘(c) PROGRAM.—
                                             the following:                                          shall be located in an area east of the Mis-             ‘‘(1) IN GENERAL.—The Secretary shall sup-
                                               ‘‘(2) FRONTIER OBSERVATORIES FOR RE-                  sissippi River that is suitable for enhanced           port within the Geothermal Technologies Of-
                                             SEARCH IN GEOTHERMAL ENERGY.—                           geothermal demonstration for power, heat,              fice a program of research, development, and
                                               ‘‘(A) PROGRAM.—The Secretary shall sup-               or a combination of power and heat.                    demonstration for geothermal heat pumps
                                             port 2 field research sites, which shall each             ‘‘(C) OPTIONAL PROGRAM STRUCTURE.—                   and the direct use of geothermal energy.
                                             be known as a ‘Frontier Observatory for Re-               ‘‘(i) IN GENERAL.—The Secretary may, pur-              ‘‘(2) AREAS.—The program under paragraph
                                             search in Geothermal Energy’ or ‘FORGE’                 suant to section 646(g) of the Department of           (1) may include research, development, dem-
                                             site, to develop, test, and enhance techniques          Energy Organization Act (42 U.S.C. 7256(g)),           onstration, and commercial application of—
                                             and tools for enhanced geothermal energy.               structure the initiative described in subpara-           ‘‘(A) geothermal ground loop efficiency im-
                                               ‘‘(B) SITE SELECTION.—Of the FORGE sites              graph (A) as a public-private cost-shared              provements, cost reductions, and improved
                                             referred to in subparagraph (A)—                        demonstration initiative with specific design          installation and operations methods;
                                               ‘‘(i) 1 shall be the existing research site in        milestones required to be met by a partici-              ‘‘(B) the use of geothermal energy for
                                             Milford, Utah; and
                                                                                                     pant before costs are reimbursed by the Sec-           building-scale energy storage;
                                               ‘‘(ii) 1 shall be—
                                                                                                     retary.                                                  ‘‘(C) the use of geothermal energy as a grid
                                               ‘‘(I) selected by the Secretary through a
                                                                                                       ‘‘(ii) REQUIREMENTS.—If the Secretary                management resource or seasonal energy
                                             competitive selection process; and
                                                                                                     elects to carry out clause (i) for a dem-              storage;
                                               ‘‘(II) located in a different geologic type
                                                                                                     onstration project, the Secretary shall—                 ‘‘(D) geothermal heat pump efficiency im-
                                             than the existing research site described in
                                                                                                       ‘‘(I) request proposals from eligible enti-          provements;
                                             clause (i).
                                                                                                     ties, as determined by the Secretary, that in-           ‘‘(E) the use of alternative fluids as a heat
                                               ‘‘(C) SITE OPERATION.—
                                                                                                     clude—                                                 exchange medium, such as hot water found
                                               ‘‘(i) INITIAL DURATION.—The FORGE site se-
                                             lected under subparagraph (B)(ii) shall oper-             ‘‘(aa) a business plan;                              in mines and mine shafts, graywater, or
                                             ate for an initial term of not more than 7                ‘‘(bb) technical details; and                        other fluids that may improve the economics
                                             years after the date on which site prepara-               ‘‘(cc) proposed milestones and associated            of geothermal heat pumps;
                                             tion is complete.                                       payments; and                                            ‘‘(F) heating of districts, neighborhoods,
                                               ‘‘(ii) PERFORMANCE METRICS.—The Sec-                    ‘‘(II) select projects—                              communities, large commercial or public
                                             retary shall establish performance metrics                ‘‘(aa) based on the demonstrated ability of          buildings, and industrial and manufacturing
                                             for each FORGE site supported under this                the eligible entity to meet the milestones             facilities;
                                             paragraph, which may be used by the Sec-                and associated payments described in the                 ‘‘(G) the use of water sources at a tempera-
                                             retary to determine whether a FORGE site                proposal of that eligible entity; and                  ture of less than 150 degrees Celsius for di-
                                             should continue to receive funding.                       ‘‘(bb) that have the greatest potential com-         rect use; and
                                               ‘‘(D) ADDITIONAL TERMS.—                              mercial applicability.                                   ‘‘(H) system integration of direct use with
                                               ‘‘(i) IN GENERAL.—At the end of an oper-                ‘‘(iii) AUTHORITY.—Notwithstanding sec-              geothermal electricity production.
                                             ational term described in clause (ii), a                tion 646(g)(10) of the Department of Energy              ‘‘(3) ENVIRONMENTAL IMPACTS.—In carrying
                                             FORGE site may—                                         Organization Act (42 U.S.C. 7256(g)(10)), the          out the program, the Secretary shall identify
                                               ‘‘(I) be transferred to other public or pri-          Secretary shall have the authority to carry            and mitigate potential environmental im-
                                             vate entities for further enhanced geo-                 out clause (i) until the completion of the ini-        pacts in accordance with section 614(c).
                                             thermal testing; or                                     tiative described in subparagraph (A).’’.                ‘‘(d) FINANCIAL ASSISTANCE.—
                                               ‘‘(II) subject to appropriations and a merit            (d) GEOTHERMAL HEAT PUMPS AND DIRECT                   ‘‘(1) IN GENERAL.—The Secretary shall
                                             review by the Secretary, operate for an addi-           USE.—                                                  make financial assistance available to State,
                                             tional term of not more than 7 years.                     (1) IN GENERAL.—Title VI of the Energy               local, and Tribal governments, institutions
                                               ‘‘(ii) OPERATIONAL TERM DESCRIBED.—An                 Independence and Security Act of 2007 is               of higher education, nonprofit entities, Na-
                                             operational term referred to in clause (i)—             amended by inserting after section 616 (42             tional Laboratories, utilities, and for-profit
                                               ‘‘(I) in the case of the FORGE site des-              U.S.C. 17195) the following:                           companies to promote the development of
                                             ignated under subparagraph (B)(i), is the ex-           ‘‘SEC. 616A. GEOTHERMAL HEAT PUMPS AND DI-             geothermal heat pumps and the direct use of
                                             isting operational term; and                                         RECT USE RESEARCH AND DEVEL-              geothermal energy.
                                               ‘‘(II) in the case of the FORGE site selected                      OPMENT.                                     ‘‘(2) PRIORITY.—In providing financial as-
                                             under subparagraph (B)(ii), is the initial                ‘‘(a) PURPOSES.—The purposes of this sec-            sistance under this subsection, the Secretary
                                             term under subparagraph (C) or an addi-                 tion are—                                              shall give priority to proposals that apply to
                                             tional term under clause (i)(II).                         ‘‘(1) to improve the components, processes,          large buildings, commercial districts, and
                                               ‘‘(3) ENHANCED GEOTHERMAL SYSTEMS DEM-                and systems used for geothermal heat pumps             residential communities that are located in
                                             ONSTRATIONS.—                                           and the direct use of geothermal energy; and           economically distressed areas.’’.
                                               ‘‘(A) IN GENERAL.—Beginning on the date of              ‘‘(2) to increase the energy efficiency,               (2) CLERICAL AMENDMENT.—The table of
                                             enactment of the American Energy Innova-                lower the cost, increase the use, and improve          contents in section 1(b) of the Energy Inde-
                                             tion Act of 2020, the Secretary, in collabora-          and demonstrate the applicability of geo-              pendence and Security Act of 2007 (Public
                                             tion with industry partners and institutions            thermal heat pumps to, and the direct use of           Law 110–140; 121 Stat. 1495) is amended by in-
                                             of higher education, shall support an initia-           geothermal energy in, large buildings, com-            serting after the item relating to section 616




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




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00031   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1540                                             CONGRESSIONAL RECORD — SENATE                                                           March 5, 2020
                                               (1) IN GENERAL.—Section 203 of the Energy             quired Lands (30 U.S.C. 351 et seq.) that is           tion test project at least 30 days before the
                                             Policy Act of 2005 (42 U.S.C. 15852) is amend-          subject to an approved application for per-            start of drilling under the project.
                                             ed—                                                     mit to drill and from which oil and gas pro-             ‘‘(2) REVIEW AND DETERMINATION.—Not
                                               (A) in subsection (b)(2), by striking ‘‘gen-          duction is occurring may be available for              later than 30 days after receipt of a notice of
                                             erated’’ and inserting ‘‘produced’’; and                noncompetitive leasing under this section to           intent under paragraph (1), the Secretary
                                               (B) in subsection (c)—                                the holder of the oil and gas lease—                   shall, with respect to the project described in
                                               (i) by redesignating paragraphs (1) through             ‘‘(A) on a determination that—                       the notice of intent—
                                             (3) as subparagraphs (A) through (C), respec-             ‘‘(i) geothermal energy will be produced               ‘‘(A) determine if the project is a geo-
                                             tively, and indenting appropriately;                    from a well producing or capable of pro-               thermal resource confirmation test project;
                                               (ii) in the matter preceding subparagraph             ducing oil and gas; and                                  ‘‘(B) notify the leaseholder of such deter-
                                             (A) (as so redesignated), by striking ‘‘For               ‘‘(ii) national energy security will be im-          mination; and
                                             purposes’’ and inserting the following:                 proved by the issuance of such a lease; and              ‘‘(C) provide public notice of the deter-
                                               ‘‘(1) IN GENERAL.—For purposes’’; and                   ‘‘(B) to provide for the coproduction of geo-        mination.
                                               (iii) by adding at the end the following:             thermal energy with oil and gas.’’.                      ‘‘(3) OPPORTUNITY TO REMEDY.—If the Sec-
                                               ‘‘(2) SEPARATE CALCULATION.—                            (j) GEOTHERMAL RESOURCE CONFIRMATION                 retary determines under paragraph (2)(A)
                                               ‘‘(A) IN GENERAL.—For purposes of deter-              TEST PROJECTS.—                                        that the project is not a geothermal resource
                                             mining compliance with the requirement of                 (1) IN GENERAL.—The Geothermal Steam                 confirmation test project, the Secretary
                                             this section, any energy consumption that is            Act of 1970 (30 U.S.C. 1001 et seq.) is amended        shall—
                                             avoided through the use of geothermal en-               by adding at the end the following:                      ‘‘(A) include in such notice clear and de-
                                             ergy shall be considered to be renewable en-            ‘‘SEC. 30. GEOTHERMAL RESOURCE CONFIRMA-
                                                                                                                                                            tailed findings on any deficiencies in the
                                             ergy produced.                                                      TION TEST PROJECTS.                        project that resulted in such determination;
                                               ‘‘(B) EFFICIENCY ACCOUNTING.—Energy con-                                                                     and
                                                                                                       ‘‘(a) DEFINITIONS.—In this section:
                                             sumption that is avoided through the use of                                                                      ‘‘(B) allow the leaseholder to remedy any
                                                                                                       ‘‘(1) EXTRAORDINARY CIRCUMSTANCES.—The
                                             geothermal energy that is considered to be                                                                     such deficiencies and resubmit the notice of
                                                                                                     term ‘extraordinary circumstances’ has the
                                             renewable energy under this section shall                                                                      intent under paragraph (1).’’.
                                                                                                     same meaning given the term in the Depart-
                                             not be considered energy efficiency for the                                                                      (2) REPEAL.—The Geothermal Energy Re-
                                                                                                     ment of the Interior Departmental Manual,
                                             purpose of compliance with Federal energy                                                                      search, Development, and Demonstration
                                                                                                     516 DM 2.3A(3) and 516 DM 2, Appendix 2 (or
                                             efficiency goals, targets, and incentives.’’.                                                                  Act of 1974 (30 U.S.C. 1101 et seq.) is repealed.
                                                                                                     successor provisions).                                   (k) PROGRAM TO IMPROVE FEDERAL GEO-
                                               (2)      CONFORMING     AMENDMENT.—Section              ‘‘(2) GEOTHERMAL RESOURCE CONFIRMATION               THERMAL PERMIT COORDINATION.—
                                             2410q(a) of title 10, United States Code, is            TEST PROJECT.—The term ‘geothermal re-                   (1) DEFINITIONS.—In this subsection:
                                             amended by striking ‘‘section 203(b)(2) of the          source confirmation test project’ means a                (A)     PROGRAM.—The      term     ‘‘Program’’
                                             Energy Policy Act of 2005 (42 U.S.C.                    project of drilling not more than 3 wells into         means the Geothermal Energy Permitting
                                             15852(b)(2))’’ and inserting ‘‘section 203(b) of        a reservoir to test or explore for geothermal          Coordination Program established under
                                             the Energy Policy Act of 2005 (42 U.S.C.                resources—                                             paragraph (2).
                                             15852(b))’’.                                              ‘‘(A) on land for which the Secretary has              (B) SECRETARY.—The term ‘‘Secretary’’
                                               (f) AUTHORIZATION OF APPROPRIATIONS.—                 issued a lease under this Act; and
                                             Section 623 of the Energy Independence and                                                                     means the Secretary of the Interior.
                                                                                                       ‘‘(B) that—                                            (2) ESTABLISHMENT OF PROGRAM.—Not later
                                             Security Act of 2007 (42 U.S.C. 17202) is                 ‘‘(i) is carried out by the holder of the
                                             amended by striking ‘‘$90,000,000’’ in the first                                                               than 90 days after the date of enactment of
                                                                                                     lease;                                                 this Act, the Secretary shall establish a pro-
                                             sentence and all that follows through the pe-             ‘‘(ii) allows for well testing, such as to con-
                                             riod at the end of the second sentence and in-                                                                 gram, to be known as the ‘‘Geothermal En-
                                                                                                     firm temperature, pressure, chemistry, flow            ergy Permitting Coordination Program’’, to
                                             serting the following: ‘‘$165,000,000 for each of       rate, and near-wellbore and overall reservoir
                                             fiscal years 2021 through 2025, of which—                                                                      improve Federal permit coordination and re-
                                                                                                     permeability;                                          duce regulatory timelines with respect to
                                               ‘‘(1) $5,000,000 each fiscal year shall be for          ‘‘(iii) causes—                                      geothermal energy projects on Federal land
                                             the prize competition under section 614(e);               ‘‘(I) less than 2.5 acres of soil or vegetation      by increasing the expertise of officials ad-
                                             and                                                     disruption at the location of each geo-                ministering and approving permits.
                                               ‘‘(2) $1,000,000 each fiscal year shall be for        thermal exploration well; and                            (3) ESTABLISHMENT OF PROGRAM OFFICES.—
                                             the drilling data repository under section                ‘‘(II) not more than an additional 5 acres of        To carry out the Program, the Secretary
                                             614(f).’’.                                              soil or vegetation disruption during access to
                                               (g) REAUTHORIZATION OF HIGH COST REGION                                                                      shall establish 1 or more Program offices at
                                                                                                     or egress from the test site;                          State or district offices of the Department of
                                             GEOTHERMAL ENERGY GRANT PROGRAM.—Sec-
                                                                                                       ‘‘(iv) is less than 9 inches in bottom-hole          the Interior.
                                             tion 625 of the Energy Independence and Se-
                                                                                                     diameter;                                                (4) MEMORANDUM OF UNDERSTANDING.—
                                             curity Act of 2007 (42 U.S.C. 17204) is amend-
                                                                                                       ‘‘(v) is developed—                                    (A) IN GENERAL.—Not later than 90 days
                                             ed—
                                                                                                       ‘‘(I) in a manner that does not require off-         after the date of enactment of this Act, the
                                               (1) in subsection (a)(2), by inserting ‘‘or
                                                                                                     road motorized access other than to and                Secretary shall enter into a memorandum of
                                             heat’’ after ‘‘electrical power’’; and
                                                                                                     from the well site along an identified off-            understanding for purposes of this subsection
                                               (2) by striking subsection (e) and inserting
                                                                                                     road route; and                                        with—
                                             the following:
                                               ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—                 ‘‘(II) without the use of high-pressure well           (i) the Secretary of Agriculture;
                                             There is authorized to be appropriated to               stimulation;                                             (ii) the Administrator of the Environ-
                                             carry out this section $5,000,000 for each of             ‘‘(vi) includes the removal of any surface           mental Protection Agency; and
                                             fiscal years 2021 through 2025.’’.                      infrastructure other than the wellhead from              (iii) the Secretary of Defense.
                                               (h) NATIONAL GOALS FOR PRODUCTION ON                  the site not later than 90 days after the                (B) STATE PARTICIPATION.—The Secretary
                                             FEDERAL LAND.—                                          project is completed; and                              may request that the Governor of any State
                                               (1) IN GENERAL.—Not later than September                ‘‘(vii) requires, not later than 42 months           be a signatory to the memorandum of under-
                                             1, 2022, the Secretary of the Interior shall, in        after the date on which the first exploration          standing under subparagraph (A).
                                             consultation with the Secretary, the Sec-               drilling began, the restoration of the project           (5) DESIGNATION OF QUALIFIED STAFF.—
                                             retary of Agriculture, and other heads of rel-          site to approximately the condition that ex-             (A) IN GENERAL.—Not later than 30 days
                                             evant Federal agencies, establish national              isted at the time the project begins, unless           after the date on which the memorandum of
                                             goals for geothermal energy capacity on pub-            the site is subsequently used as part of an            understanding under paragraph (4) is exe-
                                             lic land.                                               energy development under the lease.                    cuted, all Federal signatories, as appro-
                                               (2) GEOTHERMAL ENERGY DEVELOPMENT.—                     ‘‘(b) CATEGORICAL EXCLUSION.—Unless ex-              priate, shall assign to each Program office
                                             The Director of the Bureau of Land Manage-              traordinary circumstances exist, a project             established under paragraph (3) 1 or more
                                             ment, in consultation with other appropriate            that the Secretary determines under sub-               employees who have expertise in the regu-
                                             Federal officials, shall take any actions that          section (c) is a geothermal resource con-              latory issues relating to the office or agency
                                             the Director of the Bureau of Land Manage-              firmation test project shall be categorically          in which the employee is employed, includ-
                                             ment determines necessary to facilitate geo-            excluded from the requirements for an envi-            ing, as applicable, particular expertise in—
                                             thermal energy development, consistent                  ronmental assessment or an environmental                 (i) consultation regarding, and preparation
                                             with applicable laws.                                   impact statement under the National Envi-              of, biological opinions under section 7 of the
                                               (i) FACILITATION OF COPRODUCTION OF GEO-              ronmental Policy Act of 1969 (42 U.S.C. 4321           Endangered Species Act of 1973 (16 U.S.C.
                                             THERMAL ENERGY ON OIL AND GAS LEASES.—                  et seq.) or section 1508.4 of title 40, Code of        1536);




dlhill on DSKBBY8HB2PROD with SENATE
                                             Section 4(b) of the Geothermal Steam Act of             Federal Regulations (or a successor regula-              (ii) permits under section 404 of the Fed-
                                             1970 (30 U.S.C. 1003(b)) is amended by adding           tion).                                                 eral Water Pollution Control Act (33 U.S.C.
                                             at the end the following:                                 ‘‘(c) PROCESS.—                                      1344);
                                               ‘‘(4) LAND SUBJECT TO OIL AND GAS LEASE.—               ‘‘(1) REQUIREMENT TO PROVIDE NOTICE.—A                 (iii) regulatory matters under the Clean
                                             Land under an oil and gas lease issued pursu-           leaseholder shall provide notice to the Sec-           Air Act (42 U.S.C. 7401 et seq.);
                                             ant to the Mineral Leasing Act (30 U.S.C. 181           retary of the intent of the leaseholder to               (iv) the Federal Land Policy and Manage-
                                             et seq.) or the Mineral Leasing Act for Ac-             carry out a geothermal resource confirma-              ment Act of 1976 (43 U.S.C. 1701 et seq.);




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00032   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1541
                                               (v) planning under section 14 of the Na-                 (L) any other entity, as determined by the            (IV) radar; and
                                             tional Forest Management Act of 1976 (16                Secretary; and                                           (V) wildlife and wildlife habitats.
                                             U.S.C. 472a);                                              (M) a consortium of 2 or more entities de-            (vii) To address barriers to the commer-
                                               (vi) developing geothermal resources under            scribed in subparagraphs (A) through (L).              cialization and export of wind energy tech-
                                             the Geothermal Steam Act of 1970 (30 U.S.C.                (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’         nologies.
                                             1001 et seq.); and                                      has the meaning given the term in section 4              (viii) To support the domestic wind indus-
                                               (vii) the preparation of analyses under the           of the Indian Self-Determination and Edu-              try, workforce, and supply chain.
                                             National Environmental Policy Act of 1969               cation Assistance Act (25 U.S.C. 5304).                  (C) TARGETS.—Not later than 180 days after
                                             (42 U.S.C. 4321 et seq.).                                  (4) INSTITUTION OF HIGHER EDUCATION.—The            the date of enactment of this Act, the Sec-
                                               (B) DUTIES.—Each employee assigned                    term ‘‘institution of higher education’’ has           retary shall establish targets for the pro-
                                             under subparagraph (A) shall—                           the meaning given the term in section 101 of           gram relating to near-term (up to 2 years),
                                               (i) not later than 90 days after the date on          the Higher Education Act of 1965 (20 U.S.C.            mid-term (up to 7 years), and long-term (up
                                             which the employee is assigned, report to the           1001).                                                 to 15 years) challenges to the advancement
                                             State Director of the Bureau of Land Man-                  (5) NATIVE HAWAIIAN COMMUNITY-BASED OR-             of wind energy technologies, including on-
                                             agement for the State in which the office to            GANIZATION.—The term ‘‘Native Hawaiian                 shore, offshore, distributed, and off-grid
                                             which the employee is assigned is located;              community-based organization’’ has the                 technologies.
                                               (ii) be responsible for all issues relating to        meaning given the term in section 6207 of the            (2) ACTIVITIES.—
                                             the jurisdiction of the home office or agency           Elementary and Secondary Education Act of                (A) TYPES OF ACTIVITIES.—In carrying out
                                             of the employee; and                                    1965 (20 U.S.C. 7517).                                 the program, the Secretary shall carry out
                                               (iii) participate as part of the team of per-            (6) PROGRAM.—The term ‘‘program’’ means             research, development, demonstration, and
                                             sonnel working on proposed energy projects,             the program established under subsection               commercialization activities, including—
                                             planning, and environmental analyses.                   (b)(1).                                                  (i) awarding grants and awards, on a com-
                                               (6) ADDITIONAL PERSONNEL.—The Secretary                  (7) TERRITORY OR FREELY ASSOCIATED                  petitive, merit-reviewed basis;
                                             shall assign to each Program office any addi-           STATE.—The term ‘‘territory or freely associ-            (ii) performing precompetitive research
                                             tional personnel that are necessary to ensure           ated state’’ has the meaning given the term            and development;
                                             the effective implementation of—                        ‘‘insular area’’ in section 1404 of the Food             (iii) establishing or maintaining dem-
                                               (A) the Program; and                                  and Agriculture Act of 1977 (7 U.S.C. 3103).           onstration facilities and projects, including
                                               (B) any program administered by the Pro-                 (8) TRIBAL ENERGY DEVELOPMENT ORGANIZA-             through stewardship of existing facilities
                                             gram office, including inspection and en-               TION.—The term ‘‘tribal energy development             such as the National Wind Test Center;
                                             forcement relating to energy development on             organization’’ has the meaning given the                 (iv) providing technical assistance;
                                             Federal land, in accordance with the mul-               term in section 2601 of the Energy Policy Act            (v) entering into contracts and cooperative
                                             tiple use mandate of the Federal Land Policy            of 1992 (25 U.S.C. 3501).                              agreements;
                                             and Management Act of 1976 (43 U.S.C. 1701 et              (9) TRIBAL ORGANIZATION.—The term ‘‘trib-             (vi) providing small business vouchers;
                                             seq.).                                                  al organization’’ has the meaning given the              (vii) conducting education and outreach
                                               (7) TRANSFER OF FUNDS.—To facilitate the              term in section 4 of the Indian Self-Deter-            activities;
                                             coordination and processing of geothermal               mination and Education Assistance Act (25                (viii) conducting workforce development
                                             permits on Federal land under the adminis-              U.S.C. 5304).                                          activities; and
                                             tration of a Program office, the Secretary                 (b) WIND ENERGY TECHNOLOGY PROGRAM.—                  (ix) conducting analyses, studies, and re-
                                             may authorize the expenditure or transfer of               (1) ESTABLISHMENT.—                                 ports.
                                             any funds that are necessary to—                           (A) IN GENERAL.—The Secretary shall es-               (B) SUBJECT AREAS.—The Secretary shall
                                               (A) the United States Fish and Wildlife               tablish a program to conduct research, devel-          carry out research, development, testing,
                                             Service;                                                opment, testing, evaluation, demonstration,            evaluation, demonstration, and commer-
                                               (B) the Bureau of Indian Affairs;                     and commercialization of wind energy tech-             cialization activities in the following subject
                                               (C) the Forest Service;                               nologies in accordance with this subsection.           areas:
                                               (D) the Environmental Protection Agency;                 (B) PURPOSES.—The purposes of the pro-                (i) Wind power plant performance, oper-
                                               (E) the Corps of Engineers;                           gram are the following:                                ations, and security.
                                               (F) the Department of Defense; or                        (i) To improve the energy efficiency, cost            (ii) New materials and designs relating to
                                               (G) any State in which a geothermal                   effectiveness, reliability, resilience, secu-          all hardware, software, and components of
                                             project is located.                                     rity, integration, manufacturability, and              wind energy technologies, including alter-
                                               (8) REPORTS.—Not later than 3 years after             recyclability of wind energy technologies.             natives to minerals and other commodities
                                             the date of enactment of this Act, the Sec-                (ii) To optimize the performance and oper-          from foreign sources that are determined to
                                             retary shall submit to Congress a report that           ation of wind energy components, turbines,             be vulnerable to disruption.
                                             describes—                                              and systems, including through the develop-              (iii) Advanced wind energy manufacturing
                                               (A) the progress of the Program; and                  ment of new materials, hardware, and soft-             technologies and practices, including mate-
                                               (B) any problems relating to leasing, per-            ware.                                                  rials, processes, and design.
                                             mitting, or siting with respect to geothermal              (iii) To optimize the design and adapt-               (iv) Offshore wind-specific projects and
                                             energy development on Federal land.                     ability of wind energy technologies to the             plants, including—
                                               (9) SAVINGS CLAUSE.—Nothing in this sub-              broadest practical range of geographic, at-              (I) the deep water floating systems, mate-
                                             section affects—                                        mospheric, offshore, and other site condi-             rials, components, and operation of offshore
                                               (A) the operation of any Federal or State             tions, including—                                      facilities; and
                                             law; or                                                    (I) at varying hub heights; and                       (II) the monitoring and analysis of site and
                                               (B) any delegation of authority made by                  (II) through the use of computer modeling.          environmental considerations unique to off-
                                             the head of a Federal agency any employee                  (iv) To support the integration of wind en-         shore sites.
                                             of which is participating in the Program.               ergy technologies with—                                  (v) Integration of wind energy technologies
                                             SEC. 1204. WIND ENERGY RESEARCH AND DEVEL-                 (I) the electric grid, including trans-             with—
                                                         OPMENT.                                     mission, distribution, microgrids, and dis-              (I) the electric grid, including trans-
                                               (a) DEFINITIONS.—In this section:                     tributed energy systems; and                           mission, distribution, microgrids, and dis-
                                               (1) ECONOMICALLY DISTRESSED AREA.—The                    (II) other energy technologies and systems,         tributed energy systems; and
                                             term ‘‘economically distressed area’’ means             such as—                                                 (II) other energy technologies, including—
                                             an area described in section 301(a) of the                 (aa) other generation sources;                        (aa) other generation sources;
                                             Public Works and Economic Development                      (bb) demand response technologies;                    (bb) demand response technologies; and
                                             Act of 1965 (42 U.S.C. 3161(a)).                           (cc) energy storage technologies; and                 (cc) energy storage technologies.
                                               (2) ELIGIBLE ENTITY.—The term ‘‘eligible                 (dd) hybrid systems.                                  (vi) Methods to improve the lifetime,
                                             entity’’ means—                                            (v) To reduce the cost and risk across the          maintenance, recycling, and reuse of wind
                                               (A) an institution of higher education;               lifespan of wind energy technologies, includ-          energy components and systems.
                                               (B) a National Laboratory;                            ing—                                                     (vii) Wind power forecasting and atmos-
                                               (C) a Federal research agency;                           (I) manufacturing, permitting, construc-            pheric measurement systems, including for
                                               (D) a State research agency;                          tion, operations, maintenance, and recy-               turbines and plant systems of varying
                                               (E) a research agency associated with a               cling; and                                             height.
                                             territory or freely associated state;                      (II) through the development of solutions             (viii) Hybrid wind energy systems, grid-
                                               (F) a tribal energy development organiza-             to transportation barriers to wind compo-              connected and off-grid, that incorporate di-




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




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00033   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1542                                             CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                             such as impacts on, or challenges relating                (6) AUTHORIZATION OF APPROPRIATIONS.—                   (7) PROGRAM.—The term ‘‘program’’ means
                                             to—                                                     There is authorized to be appropriated to the          the program established under subsection
                                               (I) distributed wind technologies, including          Secretary to carry out the program                     (b)(1)(A).
                                             the development of best practices, models,              $120,000,000 for each of fiscal years 2021                (8) SOLAR ENERGY.—The term ‘‘solar en-
                                             and voluntary streamlined processes for                 through 2025.                                          ergy’’ means—
                                             local permitting of distributed wind energy               (c) CONFORMING AMENDMENTS.—                             (A) thermal or electric energy derived from
                                             systems to reduce costs;                                  (1) Section 4 of the Renewable Energy and            radiation from the Sun; or
                                               (II) airspace;                                        Energy Efficiency Technology Competitive-                 (B) energy resulting from a chemical reac-
                                               (III) military uses;                                  ness Act of 1989 (42 U.S.C. 12003) is amended—         tion caused by radiation recently originated
                                               (IV) radar;                                             (A) in the section heading by striking               in the Sun.
                                               (V) local communities;                                ‘‘WIND,’’;                                                (9) TERRITORY OR FREELY ASSOCIATED
                                               (VI) wildlife and wildlife habitats; and                (B) in subsection (a)—                               STATE.—The term ‘‘territory or freely associ-
                                               (VII) any other appropriate matter, as de-              (i) in the matter preceding paragraph (1),           ated state’’ has the meaning given the term
                                             termined by the Secretary.                              by striking ‘‘wind,’’;                                 ‘‘insular area’’ in section 1404 of the Food
                                               (x) Advanced physics-based and data anal-               (ii) by striking paragraph (1); and                  and Agriculture Act of 1977 (7 U.S.C. 3103).
                                                                                                       (iii) by redesignating paragraphs (2)                   (10) TRIBAL ENERGY DEVELOPMENT ORGANI-
                                             ysis computational tools, in coordination
                                                                                                     through (5) as paragraphs (1) through (4), re-         ZATION.—The term ‘‘tribal energy develop-
                                             with the high-performance computing pro-
                                                                                                     spectively; and                                        ment organization’’ has the meaning given
                                             grams of the Department.
                                                                                                       (C) in subsection (c), in the matter pre-            the term in section 2601 of the Energy Policy
                                               (xi) Technologies for distributed wind, in-
                                                                                                     ceding paragraph (1), by striking ‘‘the Wind           Act of 1992 (25 U.S.C. 3501).
                                             cluding micro, small, and medium turbines               Energy Research Program,’’.                               (11) TRIBAL ORGANIZATION.—The term ‘‘trib-
                                             and the components of those turbines.                     (2) Section 931(a)(2) of the Energy Policy           al organization’’ has the meaning given the
                                               (xii) Transformational technologies for               Act of 2005 (42 U.S.C. 16231(a)(2)) is amend-          term in section 4 of the Indian Self-Deter-
                                             harnessing wind energy.                                 ed—                                                    mination and Education Assistance Act (25
                                               (xiii) Other research areas that advance                (A) by striking subparagraph (B); and                U.S.C. 5304).
                                             the purposes of the program, as determined                (B) by redesignating subparagraphs (C)                  (b) SOLAR ENERGY TECHNOLOGY PROGRAM.—
                                             by the Secretary.                                       through (E) as subparagraphs (B) through                  (1) ESTABLISHMENT.—
                                               (C) PRIORITIZATION.—In carrying out ac-               (D), respectively.                                        (A) IN GENERAL.—The Secretary shall es-
                                             tivities under the program, the Secretary                 (3) Section 636 of the Energy Independence           tablish a program to conduct research, devel-
                                             shall give priority to projects that—                   and Security Act of 2007 (42 U.S.C. 17215) is          opment, testing, evaluation, demonstration,
                                               (i) are located in geographically diverse re-         amended by striking ‘‘section 931(a)(2)(E)(i)’’        and commercialization of solar energy tech-
                                             gions of the United States;                             and all that follows through the period at             nologies in accordance with this subsection.
                                               (ii) support the development or demonstra-            the end and inserting ‘‘subparagraph (D)(i) of            (B) PURPOSES.—The purposes of the pro-
                                             tion of projects—                                       section 931(a)(2) of the Energy Policy Act of          gram are the following:
                                               (I) in collaboration with tribal energy de-           2005 (42 U.S.C. 16231(a)(2)).’’.                          (i) To improve the energy efficiency, cost
                                             velopment organizations, Indian tribes, trib-           SEC. 1205. SOLAR ENERGY RESEARCH AND DE-               effectiveness, reliability, resilience, secu-
                                             al organizations, Native Hawaiian commu-                            VELOPMENT.                                 rity, integration, manufacturability, and
                                             nity-based organizations, or territories or               (a) DEFINITIONS.—In this section:                    recyclability of solar energy technologies.
                                             freely associated states; or                              (1) ECONOMICALLY DISTRESSED AREA.—The                   (ii) To optimize the performance and oper-
                                               (II) in economically distressed areas;                term ‘‘economically distressed area’’ means            ation of solar energy components, cells, and
                                               (iii) can be replicated in a variety of re-           an area described in section 301(a) of the             systems, and enabling technologies, includ-
                                             gions and climates; and                                 Public Works and Economic Development                  ing through the development of new mate-
                                               (iv) include business commercialization               Act of 1965 (42 U.S.C. 3161(a)).                       rials, hardware, and software.
                                             plans that have the potential for—                        (2) ELIGIBLE ENTITY.—The term ‘‘eligible                (iii) To optimize the design and adapt-
                                               (I) domestic manufacturing and production             entity’’ means—                                        ability of solar energy systems to the broad-
                                             of wind energy technologies; or                           (A) an institution of higher education;              est practical range of geographic and atmos-
                                               (II) exports of wind energy technologies.               (B) a National Laboratory;                           pheric conditions.
                                               (D) COORDINATION.—To the maximum ex-                    (C) a Federal research agency;                          (iv) To support the integration of solar en-
                                             tent practicable, the Secretary shall coordi-             (D) a State research agency;                         ergy technologies with the electric grid and
                                             nate activities under the program with other              (E) a research agency associated with a              complementary energy technologies.
                                             relevant programs and capabilities of the De-           territory or freely associated state;                     (v) To create and improve the conversion
                                             partment and other Federal research pro-                  (F) a tribal energy development organiza-            of solar energy to other useful forms of en-
                                             grams.                                                  tion;                                                  ergy or other products.
                                               (3) WIND TECHNICIAN TRAINING GRANT PRO-                 (G) an Indian tribe;                                    (vi) To reduce and mitigate any potential
                                             GRAM.—The Secretary may award grants, on                  (H) a tribal organization;                           negative impacts of solar energy tech-
                                             a competitive basis, to eligible entities to              (I) a Native Hawaiian community-based or-            nologies on humans, wildlife, and wildlife
                                             purchase large pieces of wind component                 ganization;                                            habitats.
                                             equipment, such as nacelles, towers, and                  (J) a nonprofit research organization;                  (vii) To address barriers to the commer-
                                             blades, for use in training wind technician               (K) an industrial entity;                            cialization and export of solar energy tech-
                                             students in onshore or offshore wind applica-             (L) any other entity, as determined by the           nologies.
                                             tions.                                                  Secretary; and                                            (viii) To support the domestic solar indus-
                                               (4) WAGES.—Notwithstanding any other                    (M) a consortium of 2 or more entities de-           try, workforce, and supply chain.
                                             provision of law, all laborers and mechanics            scribed in subparagraphs (A) through (L).                 (C) TARGETS.—Not later than 180 days after
                                             employed by contractors or subcontractors                 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’          the date of enactment of this Act, the Sec-
                                             on projects funded by grants under this sub-            has the meaning given the term in section 4            retary shall establish targets for the pro-
                                             section shall be paid wages at rates not less           of the Indian Self-Determination and Edu-              gram to address near-term (up to 2 years),
                                             than those prevailing on projects of a similar          cation Assistance Act (25 U.S.C. 5304).                mid-term (up to 7 years), and long-term (up
                                             character in the locality, as determined by               (4) INSTITUTION OF HIGHER EDUCATION.—The             to 15 years) challenges to the advancement
                                             the Secretary of Labor, in accordance with              term ‘‘institution of higher education’’ has           of solar energy systems.
                                             subchapter IV of chapter 31 of title 40,                the meaning given the term in section 101 of              (2) ACTIVITIES.—
                                             United States Code.                                     the Higher Education Act of 1965 (20 U.S.C.               (A) TYPES OF ACTIVITIES.—In carrying out
                                               (5) WIND ENERGY PROGRAM STRATEGIC VI-                 1001).                                                 the program, the Secretary shall carry out
                                             SION.—                                                    (5) NATIVE HAWAIIAN COMMUNITY-BASED OR-              research, development, demonstration, and
                                               (A) IN GENERAL.—Not later than September              GANIZATION.—The term ‘‘Native Hawaiian                 commercialization activities, including—
                                             1, 2022, and every 6 years thereafter, the Sec-         community-based organization’’ has the                    (i) awarding grants and awards, on a com-
                                             retary shall submit to Congress a report on             meaning given the term in section 6207 of the          petitive, merit-reviewed basis;
                                             the strategic vision, progress, goals, and tar-         Elementary and Secondary Education Act of                 (ii) performing precompetitive research
                                             gets of the program, including assessments              1965 (20 U.S.C. 7517).                                 and development;
                                             of wind energy markets and manufacturing.                 (6) PHOTOVOLTAIC DEVICE.—The term ‘‘pho-                (iii) establishing or maintaining dem-
                                               (B) PREPARATION.—The Secretary shall co-              tovoltaic device’’ means—                              onstration facilities and projects, including
                                             ordinate the preparation of the report under              (A) a device that converts light directly            through stewardship of existing facilities;




dlhill on DSKBBY8HB2PROD with SENATE
                                             subparagraph (A) with—                                  into electricity through a solid-state, semi-             (iv) providing technical assistance;
                                               (i) existing peer review processes;                   conductor process;                                        (v) entering into contracts and cooperative
                                               (ii) studies conducted by the National Lab-             (B) the photovoltaic cells of a device de-           agreements;
                                             oratories; and                                          scribed in subparagraph (A); and                          (vi) providing small business vouchers;
                                               (iii) the multiyear program planning re-                (C) the electronic and electrical compo-                (vii) establishing prize competitions;
                                             quired under section 994 of the Energy Policy           nents of a device described in subparagraph               (viii) conducting education and outreach
                                             Act of 2005 (42 U.S.C. 16358).                          (A).                                                   activities; and




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00034   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                      S1543
                                               (ix) conducting analyses, studies, and re-            partment and other Federal research pro-                 (5) SOLAR ENERGY TECHNOLOGY MATERIALS
                                             ports.                                                  grams.                                                 PHYSICAL PROPERTY DATABASE.—
                                               (B) SUBJECT AREAS.—The Secretary shall                  (E) USE OF FUNDS.—To the extent that                   (A) IN GENERAL.—Not later than September
                                             carry out research, development, testing,               funding is not otherwise available through             1, 2022, the Secretary shall establish a com-
                                             evaluation, demonstration, and commer-                  other Federal programs or power purchase               prehensive physical property database of ma-
                                             cialization activities in the following subject         agreements, funding awarded under this                 terials for use in solar energy technologies,
                                             areas:                                                  paragraph may be used for additional non-              which shall identify the type, quantity,
                                               (i) Advanced solar energy technologies, in-           technology costs, as determined to be appro-           country of origin, source, significant uses,
                                             cluding—                                                priate by the Secretary, such as engineering           and physical properties of materials used in
                                               (I) new materials, components, designs,               or feasibility studies.                                solar energy technologies.
                                             and systems, including perovskites;                       (3) ADVANCED SOLAR ENERGY MANUFAC-                     (B) COORDINATION.—In establishing the
                                               (II) advanced photovoltaic and thin-film              TURING INITIATIVE.—                                    database described in subparagraph (A), the
                                             devices;                                                  (A) GRANTS.—In addition to the program               Secretary shall coordinate with—
                                               (III) concentrated solar power;                       activities described in paragraph (2), in car-           (i) the Director of the National Institute of
                                               (IV) solar heating and cooling; and                   rying out the program, the Secretary shall             Standards and Technology;
                                               (V) enabling technologies for solar energy            award multiyear grants to eligible entities              (ii) the Administrator of the Environ-
                                             systems, including hardware and software.               for research, development, and demonstra-              mental Protection Agency;
                                               (ii) Solar energy technology performance,             tion projects to advance new solar energy                (iii) the Secretary of the Interior; and
                                             operations, and security.                               manufacturing technologies and techniques.
                                                                                                                                                              (iv) relevant industry stakeholders, as de-
                                               (iii) Integration of solar energy tech-                 (B) PRIORITY.—In awarding grants under
                                                                                                                                                            termined by the Secretary.
                                             nologies with—                                          subparagraph (A), to the extent practicable,
                                                                                                                                                              (6) SOLAR ENERGY TECHNOLOGY PROGRAM
                                               (I) the electric grid, including trans-               the Secretary shall give priority to solar en-
                                                                                                                                                            STRATEGIC VISION.—
                                             mission, distribution, microgrids, and dis-             ergy manufacturing projects that—
                                                                                                                                                              (A) IN GENERAL.—Not later than September
                                             tributed energy systems;                                  (i) increase efficiency and cost effective-
                                               (II) other energy technologies, including—            ness in—                                               1, 2022, and every 6 years thereafter, the Sec-
                                               (aa) other generation sources;                          (I) the manufacturing process; and                   retary shall submit to Congress a report on
                                               (bb) demand response technologies; and                  (II) the use of resources.                           the strategic vision, progress, goals, and tar-
                                               (cc) energy storage technologies; and                   (ii) support domestic supply chains for ma-          gets of the program, including assessments
                                               (III) other nonelectric applications, such as         terials and components;                                of solar energy markets and manufacturing.
                                             in the agriculture, transportation, indus-                (iii) identify and incorporate nonhazardous            (B) PREPARATION.—The Secretary shall co-
                                             trial, and fuels sectors.                               alternative materials for components and de-           ordinate the preparation of the report under
                                               (iv) Advanced solar energy manufacturing              vices;                                                 subparagraph (A) with—
                                             technologies and practices, including mate-               (iv) operate in partnership with tribal en-            (i) existing peer review processes;
                                             rials, processes, and design.                           ergy development organizations, Indian                   (ii) studies conducted by the National Lab-
                                               (v) Methods to improve the lifetime, main-            tribes, tribal organizations, Native Hawaiian          oratories; and
                                             tenance, recycling, and reuse of solar energy           community-based organizations, or terri-                 (iii) the multiyear program planning re-
                                             components and systems.                                 tories or freely associated states; or                 quired under section 994 of the Energy Policy
                                               (vi) Solar energy forecasting, modeling,                (v) are located in economically distressed           Act of 2005 (42 U.S.C. 16358).
                                             and atmospheric measurement systems, in-                areas.                                                   (7) AUTHORIZATION OF APPROPRIATIONS.—
                                             cluding for small-scale, large-scale, and ag-             (C) EVALUATION.—Not later than 3 years               There is authorized to be appropriated to the
                                             gregated systems.                                       after the date of enactment of this Act, and           Secretary to carry out the program
                                               (vii) Hybrid solar energy systems that in-            every 4 years thereafter, the Secretary shall          $270,000,000 for each of fiscal years 2021
                                             corporate diverse—                                      conduct, and make available to the public              through 2025.
                                               (I) generation sources;                               and the relevant committees of Congress, an
                                                                                                                                                               (c) CONFORMING AMENDMENTS.—
                                               (II) loads; and                                       independent review of the progress of the
                                                                                                                                                               (1) The Solar Energy Research, Develop-
                                               (III) storage technologies.                           grants awarded under subparagraph (A).
                                                                                                                                                            ment, and Demonstration Act of 1974 (42
                                               (viii) Reducing market barriers to the                  (4) SOLAR ENERGY TECHNOLOGY RECYCLING
                                                                                                                                                            U.S.C. 5551 et seq.) is repealed.
                                             adoption of solar energy technologies, in-              RESEARCH, DEVELOPMENT, AND DEMONSTRA-
                                                                                                                                                               (2) Section 6(b)(3) of the Federal Non-
                                             cluding impacts on, or challenges relating              TION PROGRAM.—
                                             to—                                                       (A) IN GENERAL.—In addition to the pro-              nuclear Energy Research and Development
                                               (I) distributed solar technologies, includ-           gram activities described in paragraph (2), in         Act of 1974 (42 U.S.C. 5905(b)(3)) is amended—
                                             ing the development of best practices, mod-             carrying out the program, the Secretary                   (A) by striking subparagraph (L); and
                                             els, and voluntary streamlined processes for            shall award multiyear grants to eligible enti-            (B) by redesignating subparagraphs (M)
                                             local permitting of distributed solar energy            ties for research, development, and dem-               through (S) as subparagraphs (L) through
                                             systems to reduce costs;                                onstration projects to create innovative and           (R), respectively.
                                               (II) local communities;                               practical approaches to increase the reuse                (3) The Solar Photovoltaic Energy Re-
                                               (III) wildlife and wildlife habitats; and             and recycling of solar energy technologies,            search, Development, and Demonstration
                                               (IV) any other appropriate matter, as de-             including—                                             Act of 1978 (42 U.S.C. 5581 et seq.) is repealed.
                                             termined by the Secretary.                                (i) by increasing the efficiency and cost ef-           (4) Section 4 of the Renewable Energy and
                                               (ix) Transformational technologies for har-           fectiveness of the recovery of raw materials           Energy Efficiency Technology Competitive-
                                             nessing solar energy.                                   from solar energy technology components                ness Act of 1989 (42 U.S.C. 12003) is amended—
                                               (x) Other research areas that advance the             and systems, including enabling technologies              (A) in the section heading, by striking
                                             purposes of the program, as determined by               such as inverters;                                     ‘‘PHOTOVOLTAICS, AND SOLAR THERMAL’’ and in-
                                             the Secretary.                                            (ii) by minimizing environmental impacts             serting ‘‘ALCOHOL FROM BIOMASS AND OTHER
                                               (C) PRIORITIZATION.—In carrying out ac-               from the recovery and disposal processes;              TECHNOLOGY’’;
                                             tivities under the program, the Secretary                 (iii) by addressing any barriers to the re-             (B) in subsection (a)—
                                             shall give priority to projects that—                   search, development, demonstration, and                   (i) in the matter preceding paragraph (1)
                                               (i) are located in a geographically diverse           commercialization of technologies and proc-            (as redesignated by section 1204(c)(1)(B)(iii)),
                                             range of eligible entities;                             esses for the disassembly and recycling of             by striking ‘‘photovoltaics, and solar ther-
                                               (ii) support the development or demonstra-            solar energy devices;                                  mal energy’’ and inserting ‘‘alcohol from bio-
                                             tion of projects—                                         (iv) by developing alternative materials,            mass and other energy technology’’;
                                               (I) in collaboration with tribal energy de-           designs, manufacturing processes, and other               (ii) by striking paragraphs (1) and (2) (as
                                             velopment organizations, Indian tribes, trib-           aspects of solar energy technologies and the           redesignated by section 1204(c)(1)(B)(iii)); and
                                             al organizations, Native Hawaiian commu-                disassembly and resource recovery process                 (iii) by redesignating paragraphs (3) and (4)
                                             nity-based organizations, or territories or             that enable efficient, cost effective, and en-         (as redesignated by section 1204(c)(1)(B)(iii))
                                             freely associated states; or                            vironmentally responsible disassembly of,              as paragraphs (1) and (2), respectively; and
                                               (II) in economically distressed areas;                and resource recovery from, solar energy                  (C) in subsection (c)—
                                               (iii) can be replicated in a variety of re-           technologies; and                                         (i) in the matter preceding paragraph (1),
                                             gions and climates; and                                   (v) strategies to increase consumer accept-          by striking ‘‘the Photovoltaic Energy Sys-
                                               (iv) include business commercialization               ance of, and participation in, the recycling of        tems Program, the Solar Thermal Energy
                                             plans that have the potential for—                      photovoltaic devices.                                  Systems Program,’’;




dlhill on DSKBBY8HB2PROD with SENATE
                                               (I) domestic manufacturing and production               (B) DISSEMINATION OF RESULTS.—The Sec-                  (ii) in paragraph (1)—
                                             of solar energy technologies; or                        retary shall make available to the public and             (I) by striking subparagraph (A); and
                                               (II) exports of solar energy technologies.            the relevant committees of Congress the re-               (II) by redesignating subparagraphs (B) and
                                               (D) COORDINATION.—To the maximum ex-                  sults of the projects carried out through              (C) as subparagraphs (A) and (B), respec-
                                             tent practicable, the Secretary shall coordi-           grants awarded under subparagraph (A), in-             tively; and
                                             nate activities under the program with other            cluding any educational and outreach mate-                (iii) in paragraph (2)—
                                             relevant programs and capabilities of the De-           rials.                                                    (I) by striking subparagraph (A); and




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00035   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1544                                             CONGRESSIONAL RECORD — SENATE                                                         March 5, 2020
                                               (II) by redesignating subparagraphs (B) and             (II) a system lifetime of at least 20 years            (ii) to the extent practicable, include
                                             (C) as subparagraphs (A) and (B), respec-               under regular operation;                               metrics that can be used to evaluate storage
                                             tively.                                                   (B) distributed energy storage technologies          technologies;
                                               (5) Section 931 of the Energy Policy Act of           and applications, including building-grid in-            (iii) identify Department programs that—
                                             2005 (42 U.S.C. 16231) is amended—                      tegration;                                               (I) support the research and development
                                               (A) in subsection (a)(2)—                               (C) transportation energy storage tech-              activities described in paragraph (2) and the
                                               (i) by striking subparagraph (A); and                 nologies and applications, including vehicle-          demonstration projects under subsection (c);
                                               (ii) by redesignating subparagraphs (B)               grid integration;                                      and
                                             through (D) (as redesignated by section                   (D) cost-effective systems and methods                 (II)(aa) do not support the activities or
                                             1204(c)(2)(B)) as subparagraphs (A) through             for—                                                   projects described in subclause (I); but
                                             (C), respectively;                                        (i) the reclamation, recycling, and disposal           (bb) are important to the development of
                                               (B) by striking subsection (d); and                   of energy storage materials, including lith-           energy storage systems and the mission of
                                               (C) by redesignating subsections (e)                  ium, cobalt, nickel, and graphite; and                 the Department, as determined by the Sec-
                                             through (g) as subsections (d) through (f), re-           (ii) the reuse and repurposing of energy             retary;
                                             spectively.                                             storage system technologies;                             (iv) include expected timelines for—
                                               (6)(A) Sections 606 and 607 of the Energy               (E) advanced control methods for energy                (I) the accomplishment of relevant objec-
                                             Independence and Security Act of 2007 (42               storage systems;                                       tives under current programs of the Depart-
                                             U.S.C. 17174, 17175) are repealed.                        (F) pumped hydroelectric energy storage              ment relating to energy storage systems;
                                               (B) The table of contents in section 1(b) of          systems to advance—                                    and
                                             the Energy Independence and Security Act of               (i) adoption of innovative technologies, in-           (II) the commencement of any new initia-
                                             2007 (Public Law 110–140; 121 Stat. 1495) is            cluding—                                               tives within the Department relating to en-
                                             amended by striking the items relating to                 (I) adjustable-speed, ternary, and other             ergy storage systems to accomplish those ob-
                                             sections 606 and 607.                                   new pumping and generating equipment de-               jectives; and
                                               (d) SAVINGS PROVISION.—The repeal of the              signs;                                                   (v) incorporate relevant activities de-
                                             Solar Energy Research, Development, and                   (II) modular systems;                                scribed in the Grid Modernization Initiative
                                             Demonstration Act of 1974 (42 U.S.C. 5551 et              (III) closed-loop systems, including mines           Multi-Year Program Plan.
                                             seq.) under subsection (c)(1) shall not affect          and quarries; and                                        (C) SUBMISSION TO CONGRESS.—Not later
                                             the authority of the Secretary to conduct re-             (IV) other critical equipment and mate-              than 180 days after the date of enactment of
                                             search and development on solar energy.                 rials for pumped hydroelectric energy stor-            this Act, the Secretary shall submit to the
                                                       Subtitle C—Energy Storage                     age, as determined by the Secretary; and               Committee on Energy and Natural Resources
                                             SEC. 1301. BETTER ENERGY STORAGE TECH-                    (ii) reductions of equipment costs, civil            of the Senate and the Committees on Energy
                                                        NOLOGY.                                      works costs, and construction times for                and Commerce and Science, Space, and Tech-
                                               (a) DEFINITIONS.—In this section:                     pumped      hydroelectric    energy    storage         nology of the House of Representatives the
                                               (1) ENERGY STORAGE SYSTEM.—The term                   projects, with the goal of reducing those              strategic plan developed under subparagraph
                                             ‘‘energy storage system’’ means any system,             costs by 50 percent;                                   (A).
                                             equipment, facility, or technology that—                  (G) models and tools to demonstrate the                (D) UPDATES TO PLAN.—The Secretary—
                                                (A) is capable of absorbing or converting            benefits of energy storage to—                           (i) shall annually review the strategic plan
                                             energy, storing the energy for a period of                (i) power and water supply systems;                  developed under subparagraph (A); and
                                             time, and dispatching the energy; and                     (ii) electric generation portfolio optimiza-           (ii) may periodically revise the strategic
                                                (B)(i) uses mechanical, electrochemical,             tion; and                                              plan as appropriate.
                                             thermal, electrolysis, or other processes to              (iii) expanded deployment of other renew-              (6) LEVERAGING OF RESOURCES.—The pro-
                                             convert and store electric energy that was              able energy technologies, including in hybrid          gram may be led by a specific office of the
                                             generated at an earlier time for use at a               energy storage systems; and                            Department, but shall be cross-cutting in na-
                                             later time; or                                            (H) energy storage use cases from indi-              ture, so that in carrying out activities under
                                                (ii) stores energy in an electric, thermal,          vidual and combination technology applica-             the program, the Secretary (or a designee of
                                             or gaseous state for direct use for heating or          tions, including value from various-use cases          the Secretary charged with leading the pro-
                                             cooling at a later time in a manner that                and energy storage services.                           gram) shall leverage existing Federal re-
                                             avoids the need to use electricity or other               (3) TESTING AND VALIDATION.—In coordina-             sources, including, at a minimum, the exper-
                                             fuel sources at that later time, such as a              tion with 1 or more National Laboratories,             tise and resources of—
                                             grid-enabled water heater.                              the Secretary shall accelerate the develop-              (A) the Office of Electricity Delivery and
                                                (2) PROGRAM.—The term ‘‘program’’ means              ment, standardized testing, and validation of          Energy Reliability;
                                             the Energy Storage System Research, Devel-              energy storage systems under the program                 (B) the Office of Energy Efficiency and Re-
                                             opment, and Deployment Program estab-                   by developing testing and evaluation meth-             newable Energy, including the Water Power
                                             lished under subsection (b)(1).                         odologies for—                                         Technologies Office; and
                                                (b) ENERGY STORAGE SYSTEM RESEARCH,                    (A) storage technologies, controls, and                (C) the Office of Science, including—
                                             DEVELOPMENT, AND DEPLOYMENT PROGRAM.—                   power electronics for energy storage systems             (i) the Basic Energy Sciences Program;
                                                (1) ESTABLISHMENT.—Not later than 180                under a variety of operating conditions;
                                                                                                                                                              (ii) the Advanced Scientific Computing Re-
                                             days after the date of enactment of this Act,             (B) standardized and grid performance test-
                                                                                                                                                            search Program;
                                             the Secretary shall establish a program, to             ing for energy storage systems, materials,
                                                                                                                                                              (iii) the Biological and Environmental Re-
                                             be known as the ‘‘Energy Storage System                 and technologies during each stage of devel-
                                                                                                                                                            search Program; and
                                             Research, Development, and Deployment                   opment, beginning with the research stage
                                                                                                                                                              (D) the Electricity Storage Research Ini-
                                             Program’’.                                              and ending with the deployment stage;
                                                                                                                                                            tiative established under section 975 of the
                                                (2) INITIAL PROGRAM OBJECTIVES.—The pro-               (C) reliability, safety, and durability test-
                                                                                                                                                            Energy Policy Act of 2005 (42 U.S.C. 16315).
                                             gram shall focus on research, development,              ing under standard and evolving duty cycles;
                                                                                                                                                              (7) PROTECTING PRIVACY AND SECURITY.—In
                                             and deployment of—                                      and
                                                                                                                                                            carrying out this subsection, the Secretary
                                                (A) energy storage systems designed to fur-            (D) accelerated life testing protocols to
                                                                                                                                                            shall identify, incorporate, and follow best
                                             ther the development of technologies—                   predict estimated lifetime metrics with ac-
                                                                                                                                                            practices for protecting the privacy of indi-
                                                (i) for large-scale commercial deployment;           curacy.
                                                                                                                                                            viduals and businesses and the respective
                                                (ii) for deployment at cost targets estab-             (4) PERIODIC EVALUATION OF PROGRAM OB-
                                                                                                                                                            sensitive data of the individuals and busi-
                                             lished by the Secretary;                                JECTIVES.—Not less frequently than once
                                                                                                                                                            nesses, including by managing privacy risk
                                                (iii) for hourly and subhourly durations re-         every calendar year, the Secretary shall
                                                                                                                                                            and implementing the Fair Information
                                             quired to provide reliability services to the           evaluate and, if necessary, update the pro-
                                                                                                                                                            Practice Principles of the Federal Trade
                                             grid;                                                   gram objectives to ensure that the program
                                                                                                                                                            Commission for the collection, use, disclo-
                                                (iv) for daily durations, which have—                continues to advance energy storage systems
                                                                                                                                                            sure, and retention of individual electric
                                                (I) the capacity to discharge energy for a           toward widespread commercial deployment
                                                                                                                                                            consumer information in accordance with
                                             minimum of 6 hours; and                                 by lowering the costs and increasing the du-
                                                                                                                                                            the Office of Management and Budget Cir-
                                                (II) a system lifetime of at least 20 years          ration of energy storage resources.
                                                                                                                                                            cular A–130 (or successor circulars).
                                             under regular operation;                                  (5) ENERGY STORAGE STRATEGIC PLAN.—
                                                (v) for weekly or monthly durations, which             (A) IN GENERAL.—The Secretary shall de-                (c)  ENERGY     STORAGE     DEMONSTRATION
                                             have—                                                   velop a 10-year strategic plan for the pro-            PROJECTS; PILOT GRANT PROGRAM.—




dlhill on DSKBBY8HB2PROD with SENATE
                                                (I) the capacity to discharge energy for 10          gram, and update the plan, in accordance                 (1) DEMONSTRATION PROJECTS.—Not later
                                             to 100 hours, at a minimum; and                         with this paragraph.                                   than September 30, 2023, the Secretary shall,
                                                (II) a system lifetime of at least 20 years            (B) CONTENTS.—The strategic plan devel-              to the maximum extent practicable, enter
                                             under regular operation; and                            oped under subparagraph (A) shall—                     into agreements to carry out not fewer than
                                                (vi) for seasonal durations, which have—               (i) be coordinated with and integrated               5 energy storage system demonstration
                                                (I) the capability to address seasonal vari-         across other relevant offices in the Depart-           projects, including at least 1 energy storage
                                             ations in supply and demand; and                        ment;                                                  system demonstration project designed to




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00036   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1545
                                             further the development of technologies de-               (ix) To increase the feasibility of                    (ii) develop new infrastructure for identi-
                                             scribed in clause (v) or (vi) of subsection             microgrids     (grid-connected    or   islanded        fied projects, if appropriate.
                                             (b)(2)(A).                                              mode).                                                   (D) GOALS AND METRICS.—The Secretary
                                               (2) ENERGY STORAGE PILOT GRANT PRO-                     (x) To enable the use of stored energy in            and the Director of ESTCP shall develop
                                             GRAM.—                                                  forms other than electricity to support the            goals and metrics for technological progress
                                               (A) DEFINITION OF ELIGIBLE ENTITY.—In this            natural gas system and other industrial                under the Joint Program consistent with en-
                                             paragraph, the term ‘‘eligible entity’’                 processes.                                             ergy resilience and energy security policies.
                                             means—                                                    (xi) To integrate fast charging of electric            (E) SELECTION OF PROJECTS.—
                                               (i) a State energy office (as defined in sec-         vehicles.                                                (i) IN GENERAL.—To the maximum extent
                                             tion 124(a) of the Energy Policy Act of 2005              (xii) To improve energy efficiency.                  practicable, in selecting projects to partici-
                                             (42 U.S.C. 15821(a)));                                    (3) REPORTS.—Not less frequently than                pate in the Joint Program, the Secretary
                                               (ii) an Indian tribe (as defined in section 4         once every 2 years for the duration of the             and the Director of ESTCP shall—
                                             of the Native American Housing Assistance               programs under paragraphs (1) and (2), the               (I) ensure that projects are carried out
                                             and Self-Determination Act of 1996 (25 U.S.C.           Secretary shall submit to Congress and                 under conditions that represent a variety of
                                             4103);                                                  make publicly available a report describing            environments with different physical condi-
                                               (iii) a tribal organization (as defined in            the performance of those programs.                     tions and market constraints; and
                                             section 3765 of title 38, United States Code);            (4) NO PROJECT OWNERSHIP INTEREST.—The                 (II) ensure an appropriate balance of—
                                               (iv) an institution of higher education (as           Federal Government shall not hold any eq-                (aa) larger, higher-cost projects; and
                                             defined in section 101 of the Higher Edu-               uity or other ownership interest in any en-              (bb) smaller, lower-cost projects.
                                             cation Act of 1965 (20 U.S.C. 1001));                   ergy storage system that is part of a project            (ii) PRIORITY.—In carrying out the Joint
                                               (v) an electric utility, including—                   under this subsection unless the holding is            Program, the Secretary and the Director of
                                                                                                     agreed to by each participant of the project.          ESTCP shall give priority to demonstration
                                               (I) an electric cooperative;
                                                                                                       (d) LONG-DURATION DEMONSTRATION INITIA-              projects that—
                                               (II) a political subdivision of a State, such
                                                                                                     TIVE AND JOINT PROGRAM.—                                 (I) make available to the public project in-
                                             as a municipally owned electric utility, or
                                                                                                       (1) DEFINITIONS.—In this subsection:                 formation that will accelerate deployment of
                                             any agency, authority, corporation, or in-
                                                                                                       (A) DIRECTOR OF ARPA–E.—The term ‘‘Di-               long-duration energy storage technologies;
                                             strumentality of a State political subdivi-
                                                                                                     rector of ARPA–E’’ has the meaning given               and
                                             sion; and
                                                                                                     the term in section 5012(a) of the America               (II) will be carried out in the field.
                                               (III) an investor-owned utility; and
                                               (vi) a private energy storage company.                COMPETES Act (42 U.S.C. 16538(a)).                       (e) TECHNICAL AND PLANNING ASSISTANCE
                                               (B) ESTABLISHMENT.—The Secretary shall                  (B) DIRECTOR OF ESTCP.—The term ‘‘Direc-             PROGRAM.—
                                             establish a competitive grant program under             tor of ESTCP’’ means the Secretary of De-                (1) DEFINITIONS.—In this subsection:
                                             which the Secretary shall award grants to el-           fense, acting through the Director of the En-            (A) ELIGIBLE ENTITY.—The term ‘‘eligible
                                             igible entities to carry out demonstration              vironmental Security Technology Certifi-               entity’’ means—
                                             projects for pilot energy storage systems.              cation Program of the Department of De-                  (i) an electric cooperative;
                                               (C) SELECTION REQUIREMENTS.—In selecting              fense.                                                   (ii) a political subdivision of a State, such
                                             eligible entities to receive a grant under sub-           (C) INITIATIVE.—The term ‘‘Initiative’’              as a municipally owned electric utility, or
                                             paragraph (B), the Secretary shall, to the              means the demonstration initiative estab-              any agency, authority, corporation, or in-
                                             maximum extent practicable—                             lished under paragraph (2).                            strumentality of a State political subdivi-
                                               (i) ensure regional diversity among eligible            (D) JOINT PROGRAM.—The term ‘‘Joint Pro-             sion;
                                             entities awarded grants, including ensuring             gram’’ means the joint program established               (iii) a not-for-profit entity that is in a
                                             participation of eligible entities that are             under paragraph (4).                                   partnership with not less than 6 entities de-
                                                                                                       (E) SECRETARY.—The term ‘‘Secretary’’                scribed in clause (i) or (ii); and
                                             rural States and States with high energy
                                                                                                     means the Secretary, acting through the Di-              (iv) an investor-owned utility.
                                             costs;
                                                                                                     rector of ARPA–E.                                        (B) PROGRAM.—The term ‘‘program’’ means
                                               (ii) ensure that grants are awarded for
                                                                                                       (2) ESTABLISHMENT OF INITIATIVE.—Not                 the technical and planning assistance pro-
                                             demonstration projects that—
                                                                                                     later than 180 days after the date of enact-           gram established under paragraph (2)(A).
                                               (I) expand on the existing technology dem-
                                                                                                     ment of this Act, the Secretary shall estab-             (2) ESTABLISHMENT.—
                                             onstration programs of the Department;
                                                                                                     lish a demonstration initiative composed of              (A) IN GENERAL.—The Secretary shall es-
                                               (II) are designed to achieve 1 or more of the
                                                                                                     demonstration projects focused on the devel-           tablish a technical and planning assistance
                                             objectives described in subparagraph (D); and
                                                                                                     opment of long-duration energy storage                 program to assist eligible entities in identi-
                                               (III) inject or withdraw energy from the
                                                                                                     technologies.                                          fying, evaluating, planning, designing, and
                                             bulk power system, electric distribution sys-
                                                                                                       (3) SELECTION OF PROJECTS.—To the max-               developing processes to procure energy stor-
                                             tem, building energy system, or microgrid               imum extent practicable, in selecting dem-             age systems.
                                             (grid-connected or islanded mode) where the             onstration projects to participate in the Ini-           (B) ASSISTANCE AND GRANTS.—Under the
                                             project is located; and                                 tiative, the Secretary shall—                          program, the Secretary shall—
                                               (iii) give consideration to proposals from              (A) ensure a range of technology types;                (i) provide technical and planning assist-
                                             eligible entities for securing energy storage             (B) ensure regional diversity among                  ance, including disseminating information,
                                             through competitive procurement or con-                 projects; and                                          directly to eligible entities; and
                                             tract for service.                                        (C) consider bulk power level, distribution            (ii) award grants to eligible entities to con-
                                               (D)     OBJECTIVES.—Each       demonstration          power level, behind-the-meter, microgrid               tract to obtain technical and planning as-
                                             project carried out by a grant awarded under            (grid-connected or islanded mode), and off-            sistance from outside experts.
                                             subparagraph (B) shall have 1 or more of the            grid applications.                                       (C) FOCUS.—In carrying out the program,
                                             following objectives:                                     (4) JOINT PROGRAM.—                                  the Secretary shall focus on energy storage
                                               (i) To improve the security of critical in-             (A) ESTABLISHMENT.—As part of the Initia-            system projects that have the greatest po-
                                             frastructure and emergency response sys-                tive, the Secretary, in consultation with the          tential for—
                                             tems.                                                   Director of ESTCP, shall establish within                (i) strengthening the reliability and resil-
                                               (ii) To improve the reliability of trans-             the Department a joint program to carry out            iency of energy infrastructure;
                                             mission and distribution systems, particu-              projects—                                                (ii) reducing the cost of energy storage sys-
                                             larly in rural areas, including high-energy-              (i) to demonstrate promising long-duration           tems;
                                             cost rural areas.                                       energy storage technologies at different                 (iii) improving the feasibility of microgrids
                                               (iii) To optimize transmission or distribu-           scales; and                                            (grid-connected or islanded mode), particu-
                                             tion system operation and power quality to                (ii) to help new, innovative long-duration           larly in rural areas, including high energy
                                             defer or avoid costs of replacing or upgrading          energy storage technologies become com-                cost rural areas;
                                             electric grid infrastructure, including trans-          mercially viable.                                        (iv) reducing consumer electricity costs; or
                                             formers and substations.                                  (B) MEMORANDUM OF UNDERSTANDING.—Not                   (v) maximizing local job creation.
                                               (iv) To supply energy at peak periods of de-          later than 200 days after the date of enact-             (3) TECHNICAL AND PLANNING ASSISTANCE.—
                                             mand on the electric grid or during periods             ment of this Act, the Secretary shall enter              (A) IN GENERAL.—Technical and planning
                                             of significant variation of electric grid sup-          into a memorandum of understanding with                assistance provided under the program shall
                                             ply.                                                    the Director of ESTCP to administer the                include assistance with 1 or more of the fol-
                                               (v) To reduce peak loads of homes and busi-           Joint Program.                                         lowing activities relating to energy storage




dlhill on DSKBBY8HB2PROD with SENATE
                                             nesses.                                                   (C) INFRASTRUCTURE.—In carrying out the              systems:
                                               (vi) To improve and advance power conver-             Joint Program, the Secretary and the Direc-              (i) Identification of opportunities to use
                                             sion systems.                                           tor of ESTCP shall—                                    energy storage systems.
                                               (vii) To provide ancillary services for grid            (i) use existing test-bed infrastructure at—           (ii) Feasibility studies to assess the poten-
                                             stability and management.                                 (I) Department facilities; and                       tial for development of new energy storage
                                               (viii) To integrate renewable energy re-                (II) Department of Defense installations;            systems or improvement of existing energy
                                             source production.                                      and                                                    storage systems.




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00037   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1546                                             CONGRESSIONAL RECORD — SENATE                                                           March 5, 2020
                                               (iii) Assessment of technical and economic              ‘‘(E) any other material determined by the           the basis of the criteria established under
                                             characteristics, including a cost-benefit               Secretary to be critical to the continued              paragraph (5).
                                             analysis.                                               growing supply of energy storage resources.               ‘‘(B) SELECTION.—The judges for each com-
                                               (iv) Utility interconnection.                           ‘‘(2) PRIZE AUTHORITY.—                              petition shall include appropriate members
                                               (v) Permitting and siting issues.                       ‘‘(A) IN GENERAL.—As part of the program             of private industry involved in the commer-
                                               (vi) Business planning and financial anal-            established under subsection (a), the Sec-             cial deployment of energy storage systems.
                                             ysis.                                                   retary shall establish an award program, to               ‘‘(C) CONFLICTS.—An individual may not
                                               (vii) Engineering design.                             be known as the ‘Energy Storage Materials              serve as a judge in a prize competition under
                                               (viii) Resource adequacy planning.                    Recycling Prize Competition’ (referred to in           the program if the individual, the spouse of
                                               (ix) Resilience planning and valuation.               this subsection as the ‘program’), under               the individual, any child of the individual, or
                                               (B) EXCLUSION.—Technical and planning                 which the Secretary shall carry out prize              any other member of the household of the in-
                                             assistance provided under the program shall             competitions and make awards to advance                dividual—
                                             not be used to pay any person for influencing           the recycling of critical energy storage ma-              ‘‘(i) has a personal or financial interest in,
                                             or attempting to influence an officer or em-            terials.                                               or is an employee, officer, director, or agent
                                             ployee of any Federal, State, or local agency,            ‘‘(B) FREQUENCY.—To the maximum extent               of, any entity that is a registered participant
                                             a Member of Congress, an employee of a                  practicable, the Secretary shall carry out a           in the prize competition for which the indi-
                                             Member of Congress, a State or local legisla-           competition under the program not less fre-            vidual will serve as a judge; or
                                             tive body, or an employee of a State or local           quently than once every calendar year.                    ‘‘(ii) has a familial or financial relation-
                                             legislative body.                                         ‘‘(3) ELIGIBILITY.—                                  ship with a registered participant in the
                                               (4) INFORMATION DISSEMINATION.—The infor-               ‘‘(A) IN GENERAL.—To be eligible to win a            prize competition for which the individual
                                             mation      disseminated     under    paragraph         prize under the program, an individual or en-          will serve as a judge.
                                             (2)(B)(i) shall include—                                tity—                                                     ‘‘(8) REPORT TO CONGRESS.—Not later than
                                               (A) information relating to the topics de-              ‘‘(i) shall have complied with the require-          60 days after the date on which the first prize
                                             scribed in paragraph (3)(A), including case             ments of the competition as described in the           is awarded under the program, and annually
                                             studies of successful examples;                         announcement for that competition pub-                 thereafter, the Secretary shall submit to
                                               (B) computational tools or software for as-           lished in the Federal Register by the Sec-             Congress a report that—
                                             sessment, design, and operation and mainte-             retary under paragraph (6);                               ‘‘(A) identifies each award recipient;
                                             nance of energy storage systems;                          ‘‘(ii) in the case of a private entity, shall           ‘‘(B) describes the advanced methods or
                                               (C) public databases that track existing              be incorporated in the United States and               technologies developed by each award recipi-
                                             and planned energy storage systems;                     maintain a primary place of business in the            ent; and
                                               (D) best practices for the utility and grid           United States;                                            ‘‘(C) specifies actions being taken by the
                                             operator business processes associated with               ‘‘(iii) in the case of an individual, whether        Department toward commercial application
                                             the topics described in paragraph (3)(A); and           participating singly or in a group, shall be a         of all methods or technologies with respect
                                               (E) relevant State policies or regulations            citizen of, or an alien lawfully admitted for          to which a prize has been awarded under the
                                             associated with the topics described in para-           permanent residence in, the United States.             program.
                                             graph (3)(A).                                             ‘‘(B) EXCLUSIONS.—The following entities                ‘‘(9) ANTI-DEFICIENCY ACT.—The Secretary
                                               (5) APPLICATIONS.—                                    and individuals shall not be eligible to win a         shall carry out the program in accordance
                                               (A) IN GENERAL.—The Secretary shall seek              prize under the program:                               with section 1341 of title 31, United States
                                             applications for the program—                             ‘‘(i) A Federal entity.                              Code (commonly referred to as the ‘Anti-De-
                                               (i) on a competitive, merit-reviewed basis;             ‘‘(ii) A Federal employee (including an em-          ficiency Act’).
                                             and                                                     ployee of a National Laboratory) acting                   ‘‘(10) AUTHORIZATION OF APPROPRIATIONS.—
                                               (ii) on a periodic basis, but not less fre-           within the scope of employment.                        There is authorized to be appropriated to
                                             quently than once every 12 months.                        ‘‘(4) AWARDS.—In carrying out the pro-               carry out this subsection $10,000,000 for each
                                               (B) APPLICATION.—An eligible entity desir-            gram, the Secretary shall award cash prizes,           of fiscal years 2020 through 2024, to remain
                                             ing to apply for the program shall submit to            in amounts to be determined by the Sec-                available until expended.’’.
                                             the Secretary an application at such time, in           retary, to each individual or entity selected             (g) REGULATORY ACTIONS TO ENCOURAGE
                                             such manner, and containing such informa-               through a competitive process to develop ad-           ENERGY STORAGE DEPLOYMENT.—
                                             tion as the Secretary may require, including            vanced methods or technologies to recycle                 (1) DEFINITIONS.—In this subsection:
                                             whether the eligible entity is applying for—            critical energy storage materials from en-                (A) COMMISSION.—The term ‘‘Commission’’
                                               (i) direct technical or planning assistance           ergy storage systems.                                  means the Federal Energy Regulatory Com-
                                             under paragraph (2)(B)(i); or                             ‘‘(5) CRITERIA.—                                     mission.
                                               (ii) a grant under paragraph (2)(B)(ii).                ‘‘(A) IN GENERAL.—The Secretary shall es-               (B) ELECTRIC STORAGE RESOURCE.—The
                                               (C) PRIORITIES.—In selecting eligible enti-           tablish objective, merit-based criteria for            term ‘‘electric storage resource’’ means a re-
                                             ties for technical and planning assistance              awarding the prizes in each competition car-           source capable of receiving electric energy
                                             under the program, the Secretary shall give             ried out under the program.                            from the grid and storing that electric en-
                                             priority to eligible entities described in                ‘‘(B) REQUIREMENTS.—The criteria estab-              ergy for later injection back into the grid.
                                             clauses (i) and (ii) of paragraph (1)(A).               lished     under    subparagraph     (A)   shall          (2) REGULATORY ACTION.—
                                               (6) REPORTS.—The Secretary shall submit               prioritize advancements in methods or tech-               (A) IN GENERAL.—Not later than 1 year
                                             to Congress and make available to the pub-              nologies that present the greatest potential           after the date of enactment of this Act, the
                                             lic—                                                    for large-scale commercial deployment.                 Commission shall issue a regulation to iden-
                                               (A) not less frequently than once every 2               ‘‘(C) CONSULTATION.—In establishing cri-             tify the eligibility of, and process for, elec-
                                             years, a report describing the performance of           teria under subparagraph (A), the Secretary            tric storage resources—
                                             the program, including a synthesis and anal-            shall consult with appropriate members of                 (i) to receive cost recovery through Com-
                                             ysis of any information the Secretary re-               private industry involved in the commercial            mission-regulated rates for the transmission
                                             quires grant recipients to provide to the Sec-          deployment of energy storage systems.                  of electric energy in interstate commerce;
                                             retary as a condition of receiving a grant;               ‘‘(6) ADVERTISING AND SOLICITATION OF COM-           and
                                             and                                                     PETITORS.—                                                (ii) that receive cost recovery under clause
                                               (B) on termination of the program, an as-               ‘‘(A) IN GENERAL.—The Secretary shall an-            (i) to receive compensation for other services
                                             sessment of the success of, and education               nounce each prize competition under the pro-           (such as the sale of energy, capacity, or an-
                                             provided by, the measures carried out by eli-           gram by publishing a notice in the Federal             cillary services) without regard to whether
                                             gible entities under the program.                       Register.                                              those services are provided concurrently
                                               (7) COST-SHARING.—Activities under this                 ‘‘(B) REQUIREMENTS.—Each notice pub-                 with the transmission service described in
                                             subsection shall be subject to the cost-shar-           lished under subparagraph (A) shall describe           clause (i).
                                             ing requirements under section 988 of the En-           the essential elements of the competition,                (B) PROHIBITION OF DUPLICATE RECOVERY.—
                                             ergy Policy Act of 2005 (42 U.S.C. 16352).              such as—                                               Any regulation issued under subparagraph
                                               (f) ENERGY STORAGE MATERIALS RECYCLING                  ‘‘(i) the subject of the competition;                (A) shall preclude the receipt of unjust and
                                             PRIZE COMPETITION.—Section 1008 of the En-                ‘‘(ii) the duration of the competition;              unreasonable double recovery for electric
                                             ergy Policy Act of 2005 (42 U.S.C. 16396) is              ‘‘(iii) the eligibility requirements for par-        storage resources providing services de-
                                             amended by adding at the end the following:             ticipation in the competition;                         scribed in clauses (i) and (ii) of that subpara-
                                               ‘‘(g) ENERGY STORAGE MATERIALS RECY-                    ‘‘(iv) the process for participants to reg-          graph.
                                             CLING PRIZE COMPETITION.—                               ister for the competition;                                (3) ELECTRIC STORAGE RESOURCES TECHNICAL




dlhill on DSKBBY8HB2PROD with SENATE
                                               ‘‘(1) DEFINITION OF CRITICAL ENERGY STOR-               ‘‘(v) the amount of the prize; and                   CONFERENCE.—
                                             AGE MATERIALS.—In this subsection, the term               ‘‘(vi) the criteria for awarding the prize.             (A) IN GENERAL.—Not later than 180 days
                                             ‘critical energy storage materials’ includes—             ‘‘(7) JUDGES.—                                       after the date of enactment of this Act, the
                                               ‘‘(A) lithium;                                          ‘‘(A) IN GENERAL.—For each prize competi-            Commission shall convene a technical con-
                                               ‘‘(B) cobalt;                                         tion under the program, the Secretary shall            ference on the potential for electric storage
                                               ‘‘(C) nickel;                                         assemble a panel of qualified judges to select         resources to improve the operation of elec-
                                               ‘‘(D) graphite; and                                   the winner or winners of the competition on            tric systems.




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00038   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1547
                                               (B) REQUIREMENTS.—The technical con-                     (D) PARTY.—The term ‘‘party’’, with re-                (B) DISPUTES.—
                                             ference under subparagraph (A) shall—                   spect to a study plan agreement, means each               (i) IN GENERAL.—If the parties cannot agree
                                               (i) identify opportunities for further con-           of the following parties to the study plan             to the terms of a study plan agreement or
                                             sideration of electric storage resources in re-         agreement:                                             implementation of those terms, the parties
                                             gional and interregional transmission plan-                (i) The proposed lessee.                            shall submit to the Director, for final deter-
                                             ning processes within the jurisdiction of the              (ii) The Tribes.                                    mination on the terms or implementation of
                                             Commission;                                                (E) PROJECT.—The term ‘‘project’’ means a           the study plan agreement, notice of the dis-
                                               (ii) identify all energy, capacity, and ancil-        proposed pumped storage facility that—                 pute, consistent with subparagraph (A)(vi),
                                             lary service products, market designs, or                  (i) would use multiple Bureau of Reclama-           to the extent the parties have agreed to a
                                             rules that—                                             tion reservoirs; and                                   study plan agreement.
                                               (I) are within the jurisdiction of the Com-              (ii) as of June 1, 2017, was subject to a pre-         (ii) INCLUSION.—A dispute covered by
                                             mission; and                                            liminary permit issued by the Commission               clause (i) may include the view of a proposed
                                               (II) enable and compensate for the use of             pursuant to section 4(f) of the Federal Power
                                                                                                                                                            lessee that an additional study request sub-
                                             electric storage resources that improve the             Act (16 U.S.C. 797(f)).
                                                                                                                                                            mitted in accordance with subparagraph
                                             operation of electric systems;                             (F) PROPOSED LESSEE.—The term ‘‘proposed
                                                                                                                                                            (A)(ii) is not reasonably calculated to assist
                                               (iii) examine additional products, market             lessee’’ means the proposed lessee of a
                                                                                                     project.                                               the Secretary in evaluating the potential
                                             designs, or rules that would enable and com-                                                                   impacts of the project.
                                             pensate for the use of electric storage re-                (G) SECRETARY.—The term ‘‘Secretary’’
                                                                                                     means the Secretary of the Interior.                      (iii) TIMING.—The Director shall issue a de-
                                             sources for improving the operation of elec-                                                                   termination regarding a dispute under clause
                                             tric systems; and                                          (H) STUDY PLAN.—The term ‘‘study plan’’
                                                                                                     means the plan described in paragraph (4)(A).          (i) not later than 120 days after the date on
                                               (iv) examine the functional value of elec-                                                                   which the Director receives notice of the dis-
                                             tric storage resources at the transmission                 (I) STUDY PLAN AGREEMENT.—The term
                                                                                                     ‘‘study plan agreement’’ means an agree-               pute under that clause.
                                             and distribution system interface for pur-
                                                                                                     ment entered into under paragraph (2)(A)                  (4) STUDY PLAN.—
                                             poses of providing electric system reli-
                                                                                                     and described in paragraph (3).                           (A) IN GENERAL.—The proposed lessee shall
                                             ability.
                                               (h) COORDINATION.—To the maximum ex-                     (J) TRIBES.—The term ‘‘Tribes’’ means—              submit to the Secretary for approval a study
                                             tent practicable, the Secretary shall coordi-              (i) the Confederated Tribes of the Colville         plan that details the proposed methodology
                                             nate the activities under this section (in-             Reservation; and                                       for performing each of the studies—
                                             cluding activities conducted pursuant to the               (ii) the Spokane Tribe of Indians of the               (i) identified in the study plan agreement
                                             amendments made by this section) among                  Spokane Reservation.                                   of the proposed lessee; or
                                             the offices and employees of the Department,               (2) REQUIREMENT FOR ISSUANCE OF LEASES                 (ii) determined by the Director in a final
                                             other Federal agencies, and other relevant              OF POWER PRIVILEGE.—The Secretary shall                determination regarding a dispute under
                                             entities—                                               not issue a lease of power privilege pursuant          paragraph (3)(B).
                                               (1) to ensure appropriate collaboration; and          to section 9(c)(1) of the Reclamation Project             (B) INITIAL DETERMINATION.—Not later than
                                               (2) to avoid unnecessary duplication of               Act of 1939 (43 U.S.C. 485h(c)(1)) (as amended         60 days after the date on which the Secretary
                                             those activities.                                       by subsection (a)) for a project unless—               receives the study plan under subparagraph
                                               (i) AUTHORIZATION OF APPROPRIATIONS.—                    (A) the proposed lessee and the Tribes have         (A), the Secretary shall make an initial de-
                                             There are authorized to be appropriated—                entered into a study plan agreement; or                termination that—
                                               (1) to carry out subsection (b), $100,000,000            (B) the Secretary or the Director, as appli-           (i) approves the study plan;
                                             for each of fiscal years 2021 through 2025, to          cable, makes a final determination for—                   (ii) rejects the study plan on the grounds
                                             remain available until expended;                           (i) a study plan agreement under paragraph          that the study plan—
                                               (2) to carry out subsection (c), $100,000,000         (3)(B); or                                                (I) lacks sufficient detail on a proposed
                                             for each of fiscal years 2021 through 2025, to             (ii) a study plan under paragraph (4).              methodology for a study identified in the
                                             remain available until expended;                           (3) STUDY PLAN AGREEMENT REQUIRE-                   study plan agreement; or
                                               (3) to carry out subsection (d), $50,000,000          MENTS.—                                                   (II) is inconsistent with the study plan
                                             for each of fiscal years 2021 through 2025, to             (A) IN GENERAL.—A study plan agreement              agreement; or
                                             remain available until expended; and                    shall—                                                    (iii) imposes additional study plan require-
                                               (4) to carry out subsection (e), $20,000,000             (i) establish the deadlines for the proposed        ments that the Secretary determines are
                                             for each of fiscal years 2021 through 2025, to          lessee to formally respond in writing to com-          necessary to adequately define the potential
                                             remain available until expended.                        ments and study requests about the project             effects of the project on—
                                             SEC. 1302. BUREAU OF RECLAMATION PUMPED                 previously submitted to the Commission;                   (I) the exercise of the paramount hunting,
                                                         STORAGE HYDROPOWER DEVELOP-                    (ii) allow for the parties to submit addi-
                                                                                                                                                            fishing, and boating rights of the Tribes re-
                                                         MENT.                                       tional comments and study requests if any
                                                                                                                                                            served pursuant to the Act of June 29, 1940
                                               (a) AUTHORITY FOR PUMPED STORAGE HY-                  aspect of the project, as proposed, differs
                                                                                                                                                            (54 Stat. 703, chapter 460; 16 U.S.C. 835d et
                                             DROPOWER DEVELOPMENT USING MULTIPLE                     from an aspect of the project, as described in
                                                                                                                                                            seq.);
                                             BUREAU OF RECLAMATION RESERVOIRS.—Sec-                  a preapplication document provided to the
                                                                                                                                                               (II) the annual payments described in sub-
                                             tion 9(c) of the Reclamation Project Act of             Commission;
                                                                                                        (iii) except as expressly agreed to by the          clauses (I) and (II) of paragraph (3)(A)(iv);
                                             1939 (43 U.S.C. 485h(c)) is amended—
                                                                                                     parties or as provided in subparagraph (B) or             (III) the Columbia Basin project (as defined
                                                (1) in paragraph (1), in the fourth sentence,
                                                                                                     paragraph (4), require that the proposed les-          in section 1 of the Act of May 27, 1937 (50
                                             by striking ‘‘, including small conduit hydro-
                                                                                                     see conduct each study described in—                   Stat. 208, chapter 269; 57 Stat. 14, chapter 14;
                                             power development’’ and inserting ‘‘and re-
                                                                                                        (I) a study request about the project pre-          16 U.S.C. 835));
                                             serve to the Secretary the exclusive author-
                                             ity to develop small conduit hydropower                 viously submitted to the Commission; or                   (IV) historic properties and cultural or
                                             using Bureau of Reclamation facilities and                 (II) any additional study request submitted         spiritually significant resources; and
                                             pumped storage hydropower exclusively                   in accordance with the study plan agree-                  (V) the environment.
                                             using Bureau of Reclamation reservoirs’’;               ment;                                                     (C) OBJECTIONS.—
                                             and                                                        (iv) require that the proposed lessee study            (i) IN GENERAL.—Not later than 30 days
                                                (2) in paragraph (8), by striking ‘‘has been         any potential adverse economic effects of the          after the date on which the Secretary makes
                                             filed with the Federal Energy Regulatory                project on the Tribes, including effects on—           an initial determination under subparagraph
                                             Commission as of the date of the enactment                 (I) annual payments to the Confederated             (B), the Tribes or the proposed lessee may
                                             of the Bureau of Reclamation Small Conduit              Tribes of the Colville Reservation under sec-          submit to the Director an objection to the
                                             Hydropower Development and Rural Jobs                   tion 5(b) of the Confederated Tribes of the            initial determination.
                                             Act’’ and inserting ‘‘was filed with the Fed-           Colville Reservation Grand Coulee Dam Set-                (ii) FINAL DETERMINATION.—Not later than
                                             eral Energy Regulatory Commission before                tlement Act (Public Law 103–436; 108 Stat.             120 days after the date on which the Director
                                             August 9, 2013, and is still pending’’.                 4579); and                                             receives an objection under clause (i), the Di-
                                                (b) LIMITATIONS ON ISSUANCE OF CERTAIN                  (II) annual payments to the Spokane Tribe           rector shall—
                                             LEASES OF POWER PRIVILEGE.—                             of Indians of the Spokane Reservation au-                 (I) hold a hearing on the record regarding
                                                (1) DEFINITIONS.—In this subsection:                 thorized after the date of enactment of this           the objection; and
                                                (A) COMMISSION.—The term ‘‘Commission’’              Act, the amount of which derives from the                 (II) make a final determination that estab-
                                             means the Federal Energy Regulatory Com-                annual payments described in subclause (I);            lishes the study plan, including a description
                                             mission.                                                   (v) establish a protocol for communication          of studies the proposed lessee is required to




dlhill on DSKBBY8HB2PROD with SENATE
                                                (B) DIRECTOR.—The term ‘‘Director’’ means            and consultation between the parties;                  perform.
                                             the Director of the Office of Hearings and                 (vi) provide mechanisms for resolving dis-             (D) NO OBJECTIONS.—If no objections are
                                             Appeals.                                                putes between the parties regarding imple-             submitted by the deadline described in sub-
                                                (C) OFFICE OF HEARINGS AND APPEALS.—The              mentation and enforcement of the study plan            paragraph (C)(i), the initial determination of
                                             term ‘‘Office of Hearings and Appeals’’                 agreement; and                                         the Secretary under subparagraph (B) shall
                                             means the Office of Hearings and Appeals of                (vii) contain other provisions determined           be final.
                                             the Department of the Interior.                         to be appropriate by the parties.                         (5) CONDITIONS OF LEASE.—




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00039   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1548                                             CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                               (A) CONSISTENCY WITH RIGHTS OF TRIBES;                appropriate by the Secretary, on the condi-              ‘‘(2) NATURAL GAS.—The term ‘natural gas’
                                             PROTECTION, MITIGATION, AND ENHANCEMENT                 tion that the conditions shall be consistent           means any fuel consisting in whole or in part
                                             OF FISH AND WILDLIFE.—                                  with the Reclamation Project Act of 1939 (43           of—
                                               (i) IN GENERAL.—Any lease of power privi-             U.S.C. 485 et seq.).                                     ‘‘(A) natural gas;
                                             lege issued by the Secretary for a project                 (D) CONSULTATION.—In establishing condi-              ‘‘(B) liquid petroleum gas;
                                             under paragraph (2) shall contain condi-                tions under this paragraph, the Secretary                ‘‘(C) synthetic gas derived from petroleum
                                             tions—                                                  shall consult with the Tribes.                         or natural gas liquids;
                                               (I) to ensure that the project is consistent             (6) DEADLINES.—The Secretary or any offi-             ‘‘(D) any mixture of natural gas and syn-
                                             with, and will not interfere with, the exer-            cer of the Office of Hearing and Appeals be-           thetic gas; or
                                             cise of the paramount hunting, fishing, and             fore whom a proceeding is pending under this             ‘‘(E) biomethane.
                                             boating rights of the Tribes reserved pursu-            subsection may extend any deadline or en-                ‘‘(3) NATURAL GAS ELECTRIC GENERATION FA-
                                             ant to the Act of June 29, 1940 (54 Stat. 703,          large any timeframe described in this sub-             CILITY.—
                                             chapter 460; 16 U.S.C. 835d et seq.); and               section—                                                 ‘‘(A) IN GENERAL.—The term ‘natural gas
                                               (II) to adequately and equitably protect,                (A) at the discretion of the Secretary or           electric generation facility’ means a facility
                                             mitigate damages to, and enhance fish and               the officer; or                                        that generates electric energy using natural
                                             wildlife, including related spawning grounds               (B) on a showing of good cause by any               gas as the fuel.
                                             and habitat, affected by the development,               party.                                                   ‘‘(B) INCLUSIONS.—The term ‘natural gas
                                             operation, and management of the project.                  (7) JUDICIAL REVIEW.—Any final action of            electric generation facility’ includes a new
                                               (ii) RECOMMENDATIONS OF THE TRIBES.—The               the Secretary or the Director made pursuant            or existing—
                                             conditions required under clause (i) shall be           to this subsection shall be subject to judicial          ‘‘(i) simple cycle plant;
                                             based on joint recommendations of the                   review in accordance with chapter 7 of title             ‘‘(ii) combined cycle plant;
                                             Tribes.                                                 5, United States Code.                                   ‘‘(iii) combined heat and power plant; or
                                               (iii) RESOLVING INCONSISTENCIES.—                        (8) EFFECT ON OTHER PROJECTS.—Nothing in              ‘‘(iv) steam methane reformer that pro-
                                               (I) IN GENERAL.—If the Secretary deter-               this subsection establishes any precedent or           duces hydrogen from natural gas for use in
                                             mines that any recommendation of the                    is binding on any Bureau of Reclamation                the production of electric energy.
                                             Tribes under clause (ii) is not reasonably cal-         lease of power privilege, other than for a               ‘‘(4) PROGRAM.—The term ‘program’ means
                                             culated to ensure the project is consistent             project.                                               the program established under subsection
                                             with clause (i) or is inconsistent with the re-                                                                (b)(1).
                                             quirements of the Reclamation Project Act                Subtitle D—Carbon Capture, Utilization, and             ‘‘(5) TRANSFORMATIONAL TECHNOLOGY.—
                                             of 1939 (43 U.S.C. 485 et seq.), the Secretary                               Storage                             ‘‘(A) IN GENERAL.—The term ‘trans-
                                             shall attempt to resolve any such inconsist-            SEC. 1401. FOSSIL ENERGY.                              formational technology’ means a power gen-
                                             ency with the Tribes, giving due weight to                Section 961(a) of the Energy Policy Act of           eration technology that represents a signifi-
                                             the recommendations and expertise of the                2005 (42 U.S.C. 16291(a)) is amended—                  cant change in the methods used to convert
                                             Tribes.                                                   (1) in paragraph (6), by inserting ‘‘, includ-       energy that will enable a step change in per-
                                               (II) PUBLICATION OF FINDINGS.—If, after an            ing technology development to reduce emis-             formance, efficiency, and cost of electricity
                                             attempt to resolve an inconsistency under               sions of carbon dioxide and associated emis-           as compared to the technology in existence
                                             subclause (I), the Secretary does not adopt in          sions of heavy metals within coal combus-              on the date of enactment of the American
                                             whole or in part a recommendation of the                tion residues and gas streams resulting from           Energy Innovation Act of 2020.
                                             Tribes under clause (ii), the Secretary shall           fossil fuel use and production’’ before the pe-          ‘‘(B)     INCLUSIONS.—The      term   ‘trans-
                                             issue each of the following findings, includ-           riod at the end; and                                   formational technology’ includes a broad
                                             ing a statement of the basis for each of the              (2) by striking paragraph (7) and inserting          range of technology improvements, includ-
                                             findings:                                               the following:                                         ing—
                                               (aa) A finding that adoption of the rec-                ‘‘(7) Increasing the export of fossil energy-          ‘‘(i) thermodynamic improvements in en-
                                             ommendation is inconsistent with the re-                related equipment, technology, including               ergy conversion and heat transfer, includ-
                                             quirements of the Reclamation Project Act               emissions control technologies, and services           ing—
                                             of 1939 (43 U.S.C. 485 et seq.).                        from the United States.                                  ‘‘(I) advanced combustion systems, includ-
                                               (bb) A finding that the conditions selected             ‘‘(8) Developing carbon removal and utili-           ing oxygen combustion systems and chem-
                                             by the Secretary to be contained in the lease           zation technologies, products, and methods             ical looping; and
                                             of power privilege under clause (i) comply              that result in net reductions in greenhouse              ‘‘(II) the replacement of steam cycles with
                                             with the requirements of subclauses (I) and             gas emissions, including direct air capture            supercritical carbon dioxide cycles;
                                             (II) of that clause.                                    and storage, and carbon use and reuse for                ‘‘(ii) improvements in steam or carbon di-
                                               (B) ANNUAL CHARGES PAYABLE BY LI-                                                                            oxide turbine technology;
                                                                                                     commercial application.
                                             CENSEE.—                                                                                                         ‘‘(iii) improvements in carbon capture, uti-
                                                                                                       ‘‘(9) Improving the conversion, use, and
                                               (i) IN GENERAL.—Subject to clause (ii), any                                                                  lization, and storage systems technology;
                                                                                                     storage of carbon dioxide produced from fos-
                                             lease of power privilege issued by the Sec-                                                                      ‘‘(iv) improvements in small-scale and
                                                                                                     sil fuels.’’.
                                             retary for a project under paragraph (2) shall                                                                 modular coal-fired technologies with reduced
                                             contain conditions that require the lessee of           SEC. 1402. ESTABLISHMENT OF COAL AND NAT-
                                                                                                                                                            carbon output or carbon capture that can
                                                                                                                 URAL GAS TECHNOLOGY PROGRAM.
                                             the project to make direct payments to the                                                                     support incremental power generation capac-
                                             Tribes through reasonable annual charges in               (a) IN GENERAL.—The Energy Policy Act of             ity additions;
                                             an amount that recompenses the Tribes for               2005 is amended by striking section 962 (42              ‘‘(v) fuel cell technologies for low-cost,
                                             any adverse economic effect of the project              U.S.C. 16292) and inserting the following:             high-efficiency modular power systems;
                                             identified in a study performed pursuant to             ‘‘SEC.   962.   COAL AND NATURAL         GAS   TECH-     ‘‘(vi) advanced gasification systems;
                                             the study plan agreement for the project.                               NOLOGY PROGRAM.                          ‘‘(vii) thermal cycling technologies; and
                                               (ii) AGREEMENT.—                                        ‘‘(a) DEFINITIONS.—In this section:                    ‘‘(viii) any other technology the Secretary
                                               (I) IN GENERAL.—The amount of the annual                ‘‘(1) LARGE-SCALE PILOT PROJECT.—The                 recognizes as transformational technology.
                                             charges described in clause (i) shall be estab-         term ‘large-scale pilot project’ means a pilot           ‘‘(b) COAL AND NATURAL GAS TECHNOLOGY
                                             lished through agreement between the pro-               project that—                                          PROGRAM.—
                                             posed lessee and the Tribes.                              ‘‘(A) represents the scale of technology de-           ‘‘(1) IN GENERAL.—The Secretary shall es-
                                               (II) CONDITION.—The agreement under sub-              velopment beyond laboratory development                tablish a coal and natural gas technology
                                             clause (I), including any modification of the           and bench scale testing, but not yet ad-               program to ensure the continued use of the
                                             agreement, shall be deemed to be a condition            vanced to the point of being tested under              abundant domestic coal and natural gas re-
                                             to the lease of power privilege issued by the           real operational conditions at commercial              sources of the United States through the de-
                                             Secretary for a project under paragraph (2).            scale;                                                 velopment of transformational technologies
                                               (iii) DISPUTE RESOLUTION.—                              ‘‘(B) represents the scale of technology             that will significantly improve the effi-
                                               (I) IN GENERAL.—If the proposed lessee and            necessary to gain the operational data need-           ciency, effectiveness, costs, and environ-
                                             the Tribes cannot agree to the terms of an              ed to understand the technical and perform-            mental performance of coal and natural gas
                                             agreement under clause (ii)(I), the proposed            ance risks of the technology before the appli-         use.
                                             lessee and the Tribes shall submit notice of            cation of that technology at commercial                  ‘‘(2) REQUIREMENTS.—The program shall in-
                                             the dispute to the Director.                            scale or in commercial-scale demonstration;            clude—
                                               (II) RESOLUTION.—The Director shall re-               and                                                      ‘‘(A) a research and development program;
                                             solve the dispute described in subclause (I)              ‘‘(C) is large enough—                                 ‘‘(B) large-scale pilot projects;




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




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00040   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                        S1549
                                             shall develop goals and objectives for the              gas electric generation facilities for commer-         the program goals and objectives adopted
                                             program to be applied to the trans-                     cial deployment; and                                   under subsection (b)(3).
                                             formational technologies developed within                 ‘‘(G) Identifying any barriers to the com-             ‘‘(2) UPDATE.—Not less frequently than
                                             the program, taking into consideration the              mercial deployment of any technologies                 once every 2 years after the initial report is
                                             following:                                              under development for the capture of carbon            submitted under paragraph (1), the Secretary
                                               ‘‘(A) Increasing the performance of coal              dioxide produced by coal and natural gas               shall submit to Congress a report describing
                                             and natural gas electric generation facili-             electric generation facilities.                        the progress made towards achieving the
                                             ties, including by—                                       ‘‘(4) DEMONSTRATION PROJECTS.—                       program goals and objectives adopted under
                                               ‘‘(i) ensuring reliable, low-cost power from            ‘‘(A) IN GENERAL.—In carrying out the pro-           subsection (b)(3).
                                             new and existing coal and natural gas elec-             gram, the Secretary shall establish a dem-               ‘‘(d) FUNDING.—
                                             tric generation facilities;                             onstration program under which the Sec-                  ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—
                                               ‘‘(ii) achieving high conversion efficiencies;        retary shall enter into agreements by not              There are authorized to be appropriated to
                                               ‘‘(iii) addressing emissions of carbon diox-          later than September 30, 2025, for demonstra-          the Secretary to carry out this section, to
                                             ide through high-efficiency platforms;                  tion projects to demonstrate the construc-             remain available until expended—
                                               ‘‘(iv) developing small-scale and modular             tion and operation of not fewer than 5 facili-           ‘‘(A) for activities under the research and
                                             technologies to support incremental capac-              ties to capture carbon dioxide from coal and           development program component described
                                             ity additions and load following generation,            natural gas electric generation facilities.            in subsection (b)(2)(A)—
                                             in addition to large-scale generation tech-               ‘‘(B) REQUIREMENT.—Of the demonstration                ‘‘(i) $230,000,000 for each of fiscal years 2021
                                             nologies;                                               projects carried out under subparagraph                and 2022; and
                                               ‘‘(v) supporting dispatchable operations for          (A)—                                                     ‘‘(ii) $150,000,000 for each of fiscal years 2023
                                             new and existing applications of coal and                 ‘‘(i) not fewer than 2 shall be designed to          through 2025;
                                             natural gas generation; and                             capture carbon dioxide from a natural gas                ‘‘(B) subject to paragraph (2), for activities
                                               ‘‘(vi) accelerating the development of tech-          electric generation facility; and                      under the large-scale pilot projects program
                                             nologies that have transformational energy                ‘‘(ii) not fewer than 2 shall be designed to         component described in subsection (b)(2)(B)—
                                             conversion characteristics.                             capture carbon dioxide from a coal electric              ‘‘(i) $347,000,000 for each of fiscal years 2021
                                               ‘‘(B) Using carbon capture, utilization, and          generation facility.                                   and 2022;
                                             sequestration technologies to decrease the                ‘‘(C) GOALS.—Each demonstration project                ‘‘(ii) $272,000,000 for each of fiscal years 2023
                                             carbon dioxide emissions, and the environ-              under the demonstration program shall be               and 2024; and
                                             mental impact from carbon dioxide emis-                 designed to further the development, deploy-             ‘‘(iii) $250,000,000 for fiscal year 2025;
                                             sions, from new and existing coal and nat-              ment, and commercialization of technologies              ‘‘(C) for activities under the demonstration
                                             ural gas electric generation facilities, in-            to capture and sequester carbon dioxide                projects program component described in
                                             cluding by—                                             emissions from new and existing coal and               subsection (b)(2)(C)—
                                               ‘‘(i) accelerating the development, deploy-           natural gas electric generation facilities.              ‘‘(i) $100,000,000 for each of fiscal years 2021
                                             ment, and commercialization of technologies               ‘‘(D) APPLICATIONS.—                                 and 2022; and
                                             to capture and sequester carbon dioxide                   ‘‘(i) IN GENERAL.—To be eligible to enter              ‘‘(ii) $500,000,000 for each of fiscal years 2023
                                             emissions from new and existing coal and                into an agreement with the Secretary for a             through 2025; and
                                             natural gas electric generation facilities;                                                                      ‘‘(D) for activities under the front-end en-
                                                                                                     demonstration project under subparagraph
                                               ‘‘(ii) supporting sites for safe geological                                                                  gineering and design program described in
                                                                                                     (A), an entity shall submit to the Secretary
                                             storage of large volumes of anthropogenic                                                                      subsection (b)(2)(D), $50,000,000 for each of fis-
                                                                                                     an application at such time, in such manner,
                                             sources of carbon dioxide and the develop-                                                                     cal years 2021 through 2024.
                                                                                                     and containing such information as the Sec-
                                             ment of the infrastructure needed to support                                                                     ‘‘(2) COST SHARING FOR LARGE-SCALE PILOT
                                                                                                     retary may require.
                                             a carbon dioxide utilization and storage in-                                                                   PROJECTS.—Activities           under    subsection
                                                                                                       ‘‘(ii) REVIEW OF APPLICATIONS.—In review-
                                             dustry;                                                                                                        (b)(2)(B) shall be subject to the cost-sharing
                                                                                                     ing applications submitted under clause (i),
                                               ‘‘(iii) improving the conversion, utiliza-                                                                   requirements of section 988(b).’’.
                                                                                                     the Secretary, to the maximum extent prac-
                                             tion, and storage of carbon dioxide produced                                                                     (b) TECHNICAL AMENDMENT.—The table of
                                                                                                     ticable, shall—
                                             from fossil fuels and other anthropogenic                                                                      contents for the Energy Policy Act of 2005
                                             sources of carbon dioxide;                                ‘‘(I) ensure a broad geographic distribution
                                                                                                     of project sites;                                      (Public Law 109–58; 119 Stat. 600) is amended
                                               ‘‘(iv) lowering greenhouse gas emissions for                                                                 by striking the item relating to section 962
                                             all fossil fuel production, generation, deliv-            ‘‘(II) ensure that a broad selection of elec-
                                                                                                     tric generation facilities are represented;            and inserting the following:
                                             ery, and use, to the maximum extent prac-                                                                      ‘‘Sec. 962. Coal and natural gas technology
                                             ticable;                                                  ‘‘(III) ensure that a broad selection of tech-
                                                                                                     nologies are represented; and                                          program.’’.
                                               ‘‘(v) developing carbon utilization tech-                                                                    SEC. 1403. CARBON STORAGE VALIDATION AND
                                             nologies, products, and methods, including                ‘‘(IV) leverage existing public-private part-
                                                                                                     nerships and Federal resources.                                    TESTING.
                                             carbon use and reuse for commercial applica-                                                                     (a) IN GENERAL.—Section 963 of the Energy
                                             tion;                                                     ‘‘(5) INTRAAGENCY COORDINATION FOR CAR-
                                                                                                     BON CAPTURE, UTILIZATION, AND SEQUESTRA-               Policy Act of 2005 (42 U.S.C. 16293) is amend-
                                               ‘‘(vi) developing net-negative carbon diox-                                                                  ed—
                                             ide emissions technologies; and                         TION ACTIVITIES.—The carbon capture, utili-
                                                                                                     zation, and sequestration activities de-                 (1) by striking subsection (d) and inserting
                                               ‘‘(vii) developing technologies for the cap-                                                                 the following:
                                             ture of carbon dioxide produced during the              scribed in paragraph (3)(B) shall be carried
                                                                                                                                                              ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—
                                             production of hydrogen from natural gas.                out by the Assistant Secretary for Fossil En-
                                                                                                                                                            There are authorized to be appropriated to
                                               ‘‘(C) Decreasing the non-carbon dioxide rel-          ergy, in coordination with the heads of other
                                                                                                                                                            the Secretary to carry out this section—
                                             evant environmental impacts of coal and                 relevant offices of the Department and the
                                                                                                                                                              ‘‘(1) $105,000,000 for fiscal year 2021;
                                             natural gas production, including by—                   National Laboratories.
                                                                                                                                                              ‘‘(2) $110,250,000 for fiscal year 2022;
                                               ‘‘(i) further reducing non-carbon dioxide               ‘‘(6) CONSULTATIONS REQUIRED.—In carrying
                                                                                                                                                              ‘‘(3) $115,763,000 for fiscal year 2023;
                                             air emissions; and                                      out the program, the Secretary shall—
                                                                                                                                                              ‘‘(4) $121,551,000 for fiscal year 2024; and
                                               ‘‘(ii) reducing the use, and managing the               ‘‘(A) undertake international collabora-
                                                                                                                                                              ‘‘(5) $127,628,000 for fiscal year 2025.’’;
                                             discharge, of water in power plant oper-                tions, taking into consideration the rec-
                                                                                                                                                              (2) in subsection (c)—
                                             ations.                                                 ommendations of the National Coal Council
                                                                                                                                                              (A) by striking paragraphs (5) and (6) and
                                               ‘‘(D) Accelerating the development of tech-           and the National Petroleum Council;
                                                                                                                                                            inserting the following:
                                             nologies to capture carbon dioxide emissions              ‘‘(B) use existing authorities to encourage            ‘‘(f) COST SHARING.—Activities carried out
                                             from industrial facilities, including—                  international cooperation; and                         under this section shall be subject to the
                                               ‘‘(i) nontraditional fuel manufacturing fa-             ‘‘(C) consult with interested entities, in-          cost-sharing requirements of section 988.’’;
                                             cilities, including ethanol or other biofuel            cluding—                                               and
                                             production plants or hydrogen production                  ‘‘(i) coal and natural gas producers;                  (B) by redesignating paragraph (4) as sub-
                                             plants; and                                               ‘‘(ii) industries that use coal and natural          section (e) and indenting appropriately;
                                               ‘‘(ii) energy-intensive manufacturing fa-             gas;                                                     (3) in subsection (e) (as so redesignated)—
                                             cilities that produce carbon dioxide as a by-             ‘‘(iii) organizations that promote coal, ad-           (A) by redesignating subparagraphs (A) and
                                             product of operations.                                  vanced coal, and natural gas technologies;             (B) as paragraphs (1) and (2), respectively,
                                               ‘‘(E) Examining methods of converting                   ‘‘(iv) environmental organizations;                  and indenting appropriately; and
                                             coal and natural gas to other valuable prod-              ‘‘(v) organizations representing workers;              (B) by striking ‘‘subsection’’ each place it
                                             ucts and commodities in addition to elec-               and                                                    appears and inserting ‘‘section’’; and




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




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00041   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1550                                             CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                               ‘‘(1) LARGE-SCALE CARBON SEQUESTRATION.—              Innovation Act of 2020) for additional work            ‘‘SEC. 969. CARBON UTILIZATION PROGRAM.
                                             The term ‘large-scale carbon sequestration’             on that project.                                          ‘‘(a) IN GENERAL.—The Secretary shall es-
                                             means a scale that—                                       ‘‘(3) DEMONSTRATION COMPONENTS.—Each                 tablish a program of research, development,
                                               ‘‘(A) demonstrates the ability to inject              demonstration project carried out under this           and demonstration for carbon utilization—
                                             into geologic formations and sequester car-             subsection shall include longitudinal tests              ‘‘(1) to assess and monitor—
                                             bon dioxide; and                                        involving carbon dioxide injection and moni-             ‘‘(A) potential changes in lifecycle carbon
                                               ‘‘(B) has a goal of sequestering not less             toring, mitigation, and verification oper-             dioxide and other greenhouse gas emissions;
                                             than 50 million metric tons of carbon dioxide           ations.                                                and
                                             over a 10-year period.                                    ‘‘(4) CLEARINGHOUSE.—The National Energy               ‘‘(B) other environmental safety indicators
                                               ‘‘(2) PROGRAM.—The term ‘program’ means               Technology Laboratory shall act as a clear-            of new technologies, practices, processes, or
                                             the program established under subsection                inghouse of shared information and re-                 methods used in enhanced hydrocarbon re-
                                             (b)(1).                                                 sources for—                                           covery as part of the activities authorized
                                               ‘‘(b) CARBON STORAGE PROGRAM.—                          ‘‘(A) existing or completed demonstration            under section 963;
                                               ‘‘(1) IN GENERAL.—The Secretary shall es-             projects receiving additional funding under              ‘‘(2) to identify and assess novel uses for
                                             tablish a program of research, development,             paragraph (2); and                                     carbon, including the conversion of carbon
                                             and demonstration for carbon storage.                     ‘‘(B) any new demonstration projects fund-           and carbon oxides for commercial and indus-
                                               ‘‘(2) PROGRAM ACTIVITIES.—Activities under            ed under this subsection.                              trial products and other products with po-
                                             the program shall include—                                ‘‘(5) REPORT.—Not later than 1 year after            tential market value;
                                               ‘‘(A) in coordination with relevant Federal           the date of enactment of the American En-                ‘‘(3) to identify and assess carbon capture
                                             agencies, developing and maintaining map-               ergy Innovation Act of 2020, the Secretary             technologies for industrial systems; and
                                             ping tools and resources that assess the ca-            shall submit to the Committee on Energy                  ‘‘(4) to identify and assess alternative uses
                                             pacity of geologic storage formation in the             and Natural Resources of the Senate and the            for raw coal and processed coal products in
                                             United States;                                          Committee on Science, Space, and Tech-                 all phases, including products derived from
                                               ‘‘(B) developing monitoring tools, mod-               nology of the House of Representatives a re-           carbon engineering, carbon fiber, and coal
                                             eling of geologic formations, and analyses—             port that—                                             conversion methods.
                                                                                                       ‘‘(A) assesses the progress of all regional            ‘‘(b) DEMONSTRATION PROGRAMS FOR THE
                                               ‘‘(i) to predict carbon dioxide containment;
                                                                                                     carbon sequestration partnerships carrying             PURPOSE OF COMMERCIALIZATION.—
                                             and
                                                                                                     out a demonstration project under this sub-              ‘‘(1) IN GENERAL.—Not later than 180 days
                                               ‘‘(ii) to account for sequestered carbon di-
                                                                                                     section;                                               after the date of enactment of this section,
                                             oxide in geologic storage sites;
                                                                                                       ‘‘(B) identifies the remaining challenges in         the Secretary shall establish a 2-year dem-
                                               ‘‘(C) researching—
                                                                                                     achieving large-scale carbon sequestration             onstration program in each of the 2 major
                                               ‘‘(i) potential environmental, safety, and
                                                                                                     that is reliable and safe for the environment          coal-producing regions of the United States
                                             health impacts in the event of a leak into
                                                                                                     and public health; and                                 for the purpose of partnering with private in-
                                             the atmosphere or to an aquifer; and
                                                                                                       ‘‘(C) creates a roadmap for carbon storage           stitutions in coal mining regions to accel-
                                               ‘‘(ii) any corresponding mitigation actions
                                                                                                     research and development activities of the             erate the commercial deployment of coal-
                                             or responses to limit harmful consequences              Department through 2025, with the goal of
                                             of such a leak;                                                                                                carbon products.
                                                                                                     reducing economic and policy barriers to
                                               ‘‘(D) evaluating the interactions of carbon                                                                    ‘‘(2) COST SHARING.—Activities under para-
                                                                                                     commercial carbon sequestration.
                                             dioxide with formation solids and fluids, in-                                                                  graph (1) shall be subject to the cost-sharing
                                                                                                       ‘‘(d) INTEGRATED STORAGE.—
                                             cluding the propensity of injections to in-               ‘‘(1) IN GENERAL.—The Secretary may tran-            requirements of section 988.
                                             duce seismic activity;                                  sition large-scale carbon sequestration dem-             ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
                                               ‘‘(E) assessing and ensuring the safety of            onstration projects under subsection (c) into          There are authorized to be appropriated to
                                             operations relating to geologic sequestration           integrated commercial storage complexes.               the Secretary to carry out this section—
                                             of carbon dioxide;                                        ‘‘(2) GOALS AND OBJECTIVES.—The goals and              ‘‘(1) $29,000,000 for fiscal year 2021;
                                               ‘‘(F) determining the fate of carbon dioxide          objectives of the Secretary in seeking to                ‘‘(2) $30,250,000 for fiscal year 2022;
                                             concurrent with and following injection into            transition large-scale carbon sequestration              ‘‘(3) $31,562,500 for fiscal year 2023;
                                             geologic formations; and                                demonstration projects into integrated com-              ‘‘(4) $32,940,625 for fiscal year 2024; and
                                               ‘‘(G) supporting cost and business model              mercial storage complexes under paragraph                ‘‘(5) $34,387,656 for fiscal year 2025.’’.
                                             assessments to examine the economic viabil-             (1) shall be—                                            (2) TECHNICAL AMENDMENT.—The table of
                                             ity of technologies and systems developed                 ‘‘(A) to identify geologic storage sites that        contents for the Energy Policy Act of 2005
                                             under the program.                                      are able to accept large volumes of carbon             (Public Law 109–58; 119 Stat. 600) is amended
                                               ‘‘(3) GEOLOGIC SETTINGS.—In carrying out              dioxide acceptable for commercial contracts;           by adding at the end of the items relating to
                                             research activities under this subsection, the            ‘‘(B) to understand the technical and com-           subtitle F of title IX the following:
                                             Secretary shall consider a variety of can-              mercial viability of carbon dioxide geologic           ‘‘Sec. 969. Carbon utilization program.’’.
                                             didate onshore and offshore geologic set-               storage sites; and                                       (b) STUDY.—
                                             tings, including—                                         ‘‘(C) to carry out any other activities nec-           (1) IN GENERAL.—The Secretary shall enter
                                               ‘‘(A) operating oil and gas fields;                   essary to transition the large-scale carbon            into an agreement with the National Acad-
                                               ‘‘(B) depleted oil and gas fields;                    sequestration demonstration projects under             emies of Sciences, Engineering, and Medicine
                                               ‘‘(C) residual oil zones;                             subsection (c) into integrated commercial              under which the National Academies of
                                               ‘‘(D) unconventional reservoirs and rock              storage complexes.’’.                                  Sciences, Engineering, and Medicine shall
                                             types;                                                    (b) TECHNICAL AMENDMENT.—The table of                conduct a study to assess any barriers and
                                               ‘‘(E) unmineable coal seams;                          contents for the Energy Policy Act of 2005             opportunities relating to commercializing
                                               ‘‘(F) saline formations in both sedimentary           (Public Law 109–58; 119 Stat. 600; 121 Stat.           carbon, coal-derived carbon, and carbon di-
                                             and basaltic geologies;                                 1708) is amended by striking the item relat-           oxide in the United States.
                                               ‘‘(G) geologic systems that may be used as            ing to section 963 and inserting the fol-                (2) REQUIREMENTS.—The study under para-
                                             engineered reservoirs to extract economical             lowing:                                                graph (1) shall—
                                             quantities of brine from geothermal re-                 ‘‘Sec. 963. Carbon storage validation and                (A) analyze challenges to commercializing
                                             sources of low permeability or porosity; and                           testing.’’.                             carbon dioxide, including—
                                               ‘‘(H) geologic systems containing in situ               (c) CONFORMING AMENDMENTS.—                            (i) expanding carbon dioxide pipeline ca-
                                             carbon dioxide mineralization formations.                 (1) Section 703(a)(3) of the Department of           pacity;
                                               ‘‘(c) LARGE-SCALE CARBON SEQUESTRATION                Energy Carbon Capture and Sequestration                  (ii) mitigating environmental impacts;
                                             DEMONSTRATION PROGRAM.—                                 Research, Development, and Demonstration                 (iii) access to capital;
                                               ‘‘(1) IN GENERAL.—The Secretary shall es-             Act of 2007 (42 U.S.C. 17251(a)(3)) is amended,          (iv) geographic barriers; and
                                             tablish a demonstration program under                   in the first sentence of the matter preceding            (v) regional economic challenges and op-
                                             which the Secretary shall provide funding               subparagraph (A), by striking ‘‘section                portunities;
                                             for demonstration projects to collect and               963(c)(3)’’ and inserting ‘‘section 963(c)’’.            (B) identify potential markets, industries,
                                             validate information on the cost and feasi-               (2) Section 704 of the Department of En-             or sectors that may benefit from greater ac-
                                             bility of commercial deployment of large-               ergy Carbon Capture and Sequestration Re-              cess to commercial carbon dioxide;
                                             scale carbon sequestration technologies.                search, Development, and Demonstration                   (C) determine the feasibility of, and oppor-
                                               ‘‘(2) EXISTING REGIONAL CARBON SEQUESTRA-             Act of 2007 (42 U.S.C. 17252) is amended, in           tunities for, the commercialization of coal-
                                             TION PARTNERSHIPS.—In carrying out para-                the first sentence, by striking ‘‘section              derived carbon products, including for—




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




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00042   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                       S1551
                                               (vi) construction and building applications;            ‘‘(c) PROGRAM ACTIVITIES.—The program                  ‘‘(B) support large-scale pilot and dem-
                                               (vii) energy applications; and                        may include research, development, and                 onstration projects and test direct air cap-
                                               (viii) production of critical minerals;               demonstration activities relating to—                  ture and storage technologies;
                                               (D) assess—                                             ‘‘(1) direct air capture and storage tech-             ‘‘(C) develop front-end engineering design
                                               (i) the state of infrastructure as of the date        nologies;                                              and economic analysis; and
                                             of the study; and                                         ‘‘(2) bioenergy with carbon capture and se-            ‘‘(D) maintain a public record of pilot and
                                               (ii) any necessary updates to infrastruc-             questration;                                           full-scale plant performance.
                                             ture to allow for the integration of safe and             ‘‘(3) enhanced geological weathering;                  ‘‘(3) SELECTION.—
                                             reliable carbon dioxide transportation, use,              ‘‘(4) agricultural practices;                          ‘‘(A) IN GENERAL.—The Secretary shall se-
                                             and storage;                                              ‘‘(5) forest management and afforestation;           lect entities to receive grants under this sub-
                                               (E) describe the economic, climate, and en-           and                                                    section according to such criteria as the Sec-
                                             vironmental impacts of any well-integrated                ‘‘(6) planned or managed carbon sinks, in-           retary may develop.
                                             national carbon dioxide pipeline system, in-            cluding natural and artificial.                          ‘‘(B) COMPETITIVE BASIS.—The Secretary
                                             cluding suggestions for policies that could—              ‘‘(d) REQUIREMENTS.—In developing and                shall select entities to receive grants under
                                               (i) improve the economic impact of the                identifying carbon removal technologies and            this subsection on a competitive basis.
                                             system; and                                             strategies under the program, the Secretary              ‘‘(C) PRIORITY CRITERIA.—In selecting enti-
                                               (ii) mitigate impacts of the system;                  shall consider—                                        ties to receive grants under this subsection,
                                               (F) assess the global status and progress of            ‘‘(1) land use changes, including impacts on         the Secretary shall prioritize applicants
                                             chemical and biological carbon utilization              natural and managed ecosystems;                        that—
                                             technologies in practice as of the date of the            ‘‘(2) ocean acidification;                             ‘‘(i) have access to existing or planned re-
                                             study that utilize anthropogenic carbon, in-              ‘‘(3) net greenhouse gas emissions;                  search facilities for direct air capture and
                                             cluding carbon dioxide, carbon monoxide,                  ‘‘(4) commercial viability;                          storage technologies;
                                             methane, and biogas, from power generation,               ‘‘(5) potential for near-term impact;                  ‘‘(ii) are institutions of higher education
                                                                                                       ‘‘(6) potential for carbon reductions on a
                                             biofuels production, and other industrial                                                                      with established expertise in engineering for
                                                                                                     gigaton scale; and
                                             processes;                                                                                                     direct air capture and storage technologies,
                                                                                                       ‘‘(7) economic cobenefits.
                                               (G) identify emerging technologies and ap-              ‘‘(e) AIR CAPTURE TECHNOLOGY PRIZE COM-              or partnerships with such institutions of
                                             proaches for carbon utilization that show               PETITION.—
                                                                                                                                                            higher education; or
                                             promise for scale-up, demonstration, deploy-              ‘‘(1) DEFINITIONS.—In this subsection:                 ‘‘(iii) have access to existing research and
                                             ment, and commercialization;                              ‘‘(A) DILUTE MEDIA.—The term ‘dilute                 test facilities for bulk materials design and
                                               (H) analyze the factors associated with               media’ means media in which the concentra-             testing, component design and testing, or
                                             making carbon utilization technologies via-             tion of carbon dioxide is less than 1 percent          professional engineering design.
                                             ble at a commercial scale, including carbon             by volume.                                               ‘‘(4) FORMULA FOR AWARDING GRANTS.—The
                                             waste stream availability, economics, mar-                ‘‘(B) PRIZE COMPETITION.—The term ‘prize             Secretary may develop a formula for award-
                                             ket capacity, energy, and lifecycle require-            competition’ means the competitive tech-               ing grants under this subsection.
                                             ments;                                                  nology prize competition established under               ‘‘(5) SCHEDULE.—
                                               (I)(i) assess the major technical challenges          paragraph (2).                                           ‘‘(A) IN GENERAL.—Each grant awarded
                                             associated with increasing the commercial                 ‘‘(2) ESTABLISHMENT.—Not later than 2                under this subsection shall be for a term of
                                             viability of carbon reuse technologies; and             years after the date of enactment of this sec-         not more than 5 years, subject to the avail-
                                               (ii) identify the research and development            tion, the Secretary, in consultation with the          ability of appropriations.
                                             questions that will address the challenges              Administrator of the Environmental Protec-               ‘‘(B) RENEWAL.—The Secretary may renew
                                             described in clause (i);                                tion Agency, shall establish as part of the            a grant for 1 or more additional 5-year
                                               (J)(i) assess research efforts being carried          program a competitive technology prize                 terms, subject to a competitive merit review
                                             out as of the date of the study, including              competition to award prizes for carbon diox-           and the availability of appropriations.
                                             basic, applied, engineering, and computa-               ide capture from dilute media.                           ‘‘(6) TERMINATION.—To the extent other-
                                             tional research efforts, that are addressing              ‘‘(3) REQUIREMENTS.—In carrying out this             wise authorized by law, the Secretary may
                                             the challenges described in subparagraph                subsection, the Secretary, in accordance               eliminate, and terminate grant funding
                                             (I)(i); and                                             with section 24 of the Stevenson-Wydler                under this subsection for, a Center during
                                               (ii) identify gaps in the research efforts            Technology Innovation Act of 1980 (15 U.S.C.           any 5-year term described in paragraph (5) if
                                             under clause (i);                                       3719), shall develop requirements for—                 the Secretary determines that the Center is
                                               (K) develop a comprehensive research                    ‘‘(A) the prize competition process; and             underperforming.
                                             agenda that addresses long- and short-term                                                                       ‘‘(g)      PILOT       AND      DEMONSTRATION
                                                                                                       ‘‘(B) monitoring and verification proce-
                                             research needs and opportunities; and                                                                          PROJECTS.—In supporting the technology de-
                                                                                                     dures for projects selected to receive a prize
                                               (L)(i) identify appropriate Federal agencies                                                                 velopment activities under this section, the
                                                                                                     under the prize competition.
                                             with capabilities to support small business                                                                    Secretary is encouraged to support carbon
                                                                                                       ‘‘(4) ELIGIBLE PROJECTS.—To be eligible to
                                             entities; and                                                                                                  removal pilot and demonstration projects,
                                                                                                     be awarded a prize under the prize competi-            including—
                                               (ii) determine what assistance the Federal            tion, a project shall—
                                             agencies identified under clause (i) could                                                                       ‘‘(1) pilot projects that test direct air cap-
                                                                                                       ‘‘(A) meet minimum performance stand-                ture systems capable of capturing 10 to 100
                                             provide to small business entities to further           ards set by the Secretary;
                                             the development and commercial deploy-                                                                         tonnes of carbon oxides per year to provide
                                                                                                       ‘‘(B) meet minimum levels set by the Sec-            data for demonstration-scale projects; and
                                             ment of carbon dioxide-based products.                  retary for the capture of carbon dioxide from
                                               (3) DEADLINE.—Not later than 180 days                                                                          ‘‘(2) direct air capture demonstration
                                                                                                     dilute media; and                                      projects capable of capturing greater than
                                             after the date of enactment of this Act, the              ‘‘(C) demonstrate in the application of the
                                             National Academies of Sciences, Engineer-                                                                      1,000 tonnes of carbon oxides per year.
                                                                                                     project for a prize—                                     ‘‘(h) INTRAAGENCY COORDINATION.—The di-
                                             ing, and Medicine shall submit to the Sec-                ‘‘(i) a design for a promising carbon cap-
                                             retary a report describing the results of the                                                                  rect air capture activities carried out under
                                                                                                     ture technology that will—                             subsections (c)(1) and (e) shall be carried out
                                             study under paragraph (1).                                ‘‘(I) be operated on a demonstration scale;          in coordination with, and leveraging lessons
                                             SEC. 1405. CARBON REMOVAL.                              and                                                    learned from, the coal and natural gas tech-
                                               (a) IN GENERAL.—Subtitle F of title IX of               ‘‘(II) have the potential to achieve signifi-        nology program established under section
                                             the Energy Policy Act of 2005 (42 U.S.C. 16291          cant reduction in the level of carbon dioxide          962(b)(1).
                                             et seq.) (as amended by section 1404(a)(1)) is          in the atmosphere;                                       ‘‘(i) ACCOUNTING.—The Secretary shall col-
                                             amended by adding at the end the following:               ‘‘(ii) a successful bench-scale demonstra-           laborate with the Administrator of the Envi-
                                             ‘‘SEC. 969A. CARBON REMOVAL.                            tion of a carbon capture technology; or                ronmental Protection Agency and the heads
                                                ‘‘(a) ESTABLISHMENT.—The     Secretary, in             ‘‘(iii) an operational carbon capture tech-          of other relevant Federal agencies to develop
                                             coordination with the heads of appropriate              nology on a commercial scale.                          and improve accounting frameworks and
                                             Federal agencies, including the Secretary of              ‘‘(f) DIRECT AIR CAPTURE TEST CENTER.—               tools to accurately measure carbon removal
                                             Agriculture, shall establish a research, de-              ‘‘(1) IN GENERAL.—Not later than 2 years             and sequestration methods and technologies
                                             velopment, and demonstration program (re-               after the date of enactment of this section,           across the Federal Government.
                                             ferred to in this section as the ‘program’) to          the Secretary shall award grants to 1 or                 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—
                                             test, validate, or improve technologies and             more entities for the operation of 1 or more           There are authorized to be appropriated to
                                             strategies to remove carbon dioxide from the            test centers (referred to in this subsection as        the Secretary to carry out this section—




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




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00043   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1552                                             CONGRESSIONAL RECORD — SENATE                                                           March 5, 2020
                                               (b) TECHNICAL AMENDMENT.—The table of                   (A) by striking ‘‘this section’’ and insert-            (A) in the matter preceding paragraph (1),
                                             contents for the Energy Policy Act of 2005              ing ‘‘this subsection’’;                               by striking ‘‘this section’’ and inserting
                                             (Public Law 109–58; 119 Stat. 600) (as amended            (B) by striking ‘‘minimize environmental’’           ‘‘this subsection’’; and
                                             by section 1404(a)(2)) is amended by adding at          and inserting ‘‘improve fuel cycle perform-               (B) by redesignating paragraphs (1)
                                             the end of the items relating to subtitle F of          ance while minimizing the cost and com-                through (4) as subparagraphs (A) through
                                             title IX the following:                                 plexity of processing, environmental im-               (D), respectively, and indenting appro-
                                             ‘‘Sec. 969A. Carbon removal.’’.                         pacts,’’; and                                          priately;
                                                           Subtitle E—Nuclear                          (C) by striking ‘‘the Generation IV’’;                  (5) in subsection (e), by striking ‘‘this sec-
                                                                                                       (3) by inserting after paragraph (1) (as so          tion’’ and inserting ‘‘this subsection’’;
                                             SEC. 1501. LIGHT WATER REACTOR SUSTAIN-
                                                                                                     redesignated) the following:                              (6) in subsection (f)—
                                                        ABILITY PROGRAM.
                                                                                                       ‘‘(2) CONSIDERATIONS.—In carrying out ac-               (A) by striking ‘‘this section’’ and insert-
                                               Section 952 of the Energy Policy Act of
                                                                                                     tivities under the program, the Secretary              ing ‘‘this subsection’’; and
                                             2005 (42 U.S.C. 16272) is amended by striking
                                                                                                     shall consider the potential benefits of those            (B) by striking ‘‘subsection (b)(2)’’ and in-
                                             subsection (b) and inserting the following:             activities for civilian nuclear applications,          serting ‘‘paragraph (2)(B)’’;
                                               ‘‘(b) LIGHT WATER REACTOR SUSTAINABILITY
                                                                                                     environmental remediation, and national se-               (7) by redesignating subsections (a)
                                             PROGRAM.—The Secretary shall carry out a
                                                                                                     curity.’’;                                             through (f) as paragraphs (1), (2), (3), (4), (6),
                                             light water reactor sustainability program—
                                                                                                       (4) by inserting after paragraph (5) (as so          and (7), respectively, and indenting appro-
                                               ‘‘(1) to ensure the achievement of max-
                                                                                                     redesignated) the following:                           priately;
                                             imum benefits from existing nuclear genera-
                                                                                                       ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—                 (8) by inserting after paragraph (4) (as so
                                             tion;
                                                                                                     There is authorized to be appropriated to the          redesignated) the following:
                                               ‘‘(2) to accommodate the increase in appli-           Secretary to carry out the program                        ‘‘(5) RADIOLOGICAL FACILITIES MANAGE-
                                             cations for nuclear power plant license re-             $40,000,000 for each of fiscal years 2021              MENT.—
                                             newals expected as of the date of enactment             through 2025.’’;                                          ‘‘(A) IN GENERAL.—The Secretary shall
                                             of this subsection;                                       (5) by inserting before paragraph (1) (as so         carry out a program under which the Sec-
                                               ‘‘(3) to enable the continued operation of            redesignated) the following:                           retary shall provide project management,
                                             existing nuclear power plants through tech-               ‘‘(a) MATERIAL RECOVERY AND WASTE FORM               technical support, quality engineering and
                                             nology development;                                     DEVELOPMENT.—’’; and                                   inspection, and nuclear material support to
                                               ‘‘(4) to improve the performance and re-                (6) by adding at the end the following:              research reactors located at universities.
                                             duce the operation and maintenance costs of               ‘‘(b) ADVANCED FUELS.—                                  ‘‘(B) AUTHORIZATION OF APPROPRIATIONS.—
                                             nuclear power plants;                                     ‘‘(1) IN GENERAL.—The Secretary shall                In addition to any amounts appropriated to
                                               ‘‘(5) to promote the use of high-perform-             carry out a program to conduct research re-            carry out the program under this subsection,
                                             ance computing to simulate nuclear reactor              lating to—                                             there is authorized to be appropriated to the
                                             processes;                                                ‘‘(A) next-generation light water reactor            Secretary to carry out the program under
                                               ‘‘(6) to coordinate with other research and           fuels that demonstrate improved—                       this paragraph $15,000,000 for each of fiscal
                                             development programs of the Office of Nu-                 ‘‘(i) performance; and                               years 2021 through 2025.’’;
                                             clear Energy to ensure that developed tech-               ‘‘(ii) accident tolerance; and                          (9) by inserting before paragraph (1) (as so
                                             nologies and capabilities are part of an inte-            ‘‘(B) advanced reactor fuels that dem-               redesignated) the following:
                                             grated investment strategy, the overall focus           onstrate improved—                                        ‘‘(a) UNIVERSITY NUCLEAR SCIENCE AND EN-
                                             of which is improving the safety, security,               ‘‘(i) proliferation resistance; and                  GINEERING SUPPORT.—’’; and
                                             reliability, and economics of operating nu-               ‘‘(ii) use of resources.                                (10) by adding at the end the following:
                                             clear power plants; and                                   ‘‘(2) REQUIREMENTS.—In carrying out the                 ‘‘(b) NUCLEAR ENERGY APPRENTICESHIP SUB-
                                               ‘‘(7) to focus on—                                    program under this subsection, the Sec-                PROGRAM.—
                                               ‘‘(A) new capabilities relating to nuclear            retary shall—                                             ‘‘(1) ESTABLISHMENT.—In carrying out the
                                             energy research and development;                          ‘‘(A) focus on the development of accident-          program under subsection (a), the Secretary
                                               ‘‘(B) enabling technologies beyond indi-              tolerant fuel and cladding concepts that are           shall establish a nuclear energy apprentice-
                                             vidual programs;                                        capable of achieving initial commercializa-            ship subprogram under which the Secretary
                                               ‘‘(C) coordinating capabilities among the             tion by December 31, 2025;                             shall     establish    competitively    awarded
                                             research and development programs of the                  ‘‘(B) conduct studies regarding the means            traineeships and apprenticeships in indus-
                                             Office of Nuclear Energy;                               by which those concepts would impact reac-             tries that are represented by skilled labor
                                               ‘‘(D) examining new classes of materials              tor economics, the fuel cycle, operations,             unions and with universities to provide fo-
                                             not considered for nuclear applications;                safety, and the environment;                           cused, graduate-level training to meet high-
                                               ‘‘(E) high-risk research, which could poten-            ‘‘(C) subject to paragraph (3), publish the          ly focused needs through a tailored academic
                                             tially overcome technological limitations;              results of the studies conducted under sub-            graduate program that delivers a curriculum
                                             and                                                     paragraph (B); and                                     with a rigorous thesis or dissertation re-
                                               ‘‘(F) the potential for industry partner-               ‘‘(D) cooperate with institutions of higher          search requirement aligned with the critical
                                             ships to develop technologies relating to               education through the Nuclear Energy Uni-              needs of the Department with respect to mis-
                                             storage, hydrogen production, high-tempera-             versity and Integrated Research Projects               sion-driven workforce.
                                             ture process heat, and other relevant                   programs of the Department.                               ‘‘(2) REQUIREMENTS.—In carrying out the
                                             areas.’’.                                                 ‘‘(3) SENSITIVE INFORMATION.—The Sec-                subprogram under this subsection, the Sec-
                                             SEC. 1502. NUCLEAR ENERGY RESEARCH, DEVEL-              retary shall not publish any information               retary shall—
                                                         OPMENT, AND DEMONSTRATION.                  under paragraph (2)(C) that is detrimental to             ‘‘(A) encourage appropriate partnerships
                                               Section 952 of the Energy Policy Act of               national security, as determined by the Sec-           among National Laboratories, affected uni-
                                             2005 (42 U.S.C. 16272) is amended by adding at          retary.                                                versities, and industry; and
                                             the end the following:                                    ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—                 ‘‘(B) on an annual basis, evaluate the needs
                                               ‘‘(e) ADVANCED REACTOR TECHNOLOGIES DE-               There is authorized to be appropriated to the          of the nuclear energy community to imple-
                                             VELOPMENT PROGRAM.—                                     Secretary to carry out the program under               ment traineeships for focused topical areas
                                               ‘‘(1) IN GENERAL.—The Secretary shall                 this subsection $120,000,000 for each of fiscal        addressing mission-specific workforce needs.
                                             carry out a program under which the Sec-                years 2021 through 2025.’’.                               ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—
                                             retary shall conduct research relating to the           SEC. 1504. NUCLEAR SCIENCE AND ENGINEERING             There is authorized to be appropriated to the
                                             development of innovative nuclear reactor                           SUPPORT.                                   Secretary to carry out the subprogram under
                                             technologies that may offer improved safety,              (a) IN GENERAL.—Section 954 of the Energy            this subsection $5,000,000 for each of fiscal
                                             functionality, and affordability.                       Policy Act of 2005 (42 U.S.C. 16274) is amend-         years 2021 through 2025.’’.
                                               ‘‘(2) REQUIREMENTS.—The program under                 ed—                                                       (b) CONFORMING AMENDMENT.—The table of
                                             this subsection shall—                                     (1) in the section heading, by striking             contents of the Energy Policy Act of 2005
                                               ‘‘(A) support efforts to reduce long-term             ‘‘UNIVERSITY      NUCLEAR’’     and    inserting       (Public Law 109–58; 119 Stat. 600) is amended
                                             technical barriers for advanced nuclear en-             ‘‘NUCLEAR’’;                                           by striking the item relating to section 954
                                             ergy systems; and                                          (2) in subsection (b)—                              and inserting the following:
                                               ‘‘(B) be carried out in consultation with                (A) in the matter preceding paragraph (1),          ‘‘Sec. 954. Nuclear science and engineering
                                             the Nuclear Regulatory Commission to en-                by striking ‘‘this section’’ and inserting                            support.’’.
                                             sure identification of any relevant con-                ‘‘this subsection’’; and                               SEC. 1505. UNIVERSITY NUCLEAR LEADERSHIP
                                             cerns.’’.                                                  (B) by redesignating paragraphs (1)                            PROGRAM.




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




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00044   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1553
                                               ‘‘(1) ADVANCED NUCLEAR REACTOR.—The                     (2) in subparagraph (A), by striking ‘‘deter-          ‘‘(B) establish a program to enter into
                                             term ‘advanced nuclear reactor’ means—                  mine the mission need’’ and inserting ‘‘pro-           agreements to complete 1 additional oper-
                                               ‘‘(A) a nuclear fission reactor, including a          vide’’.                                                ational demonstration project by not later
                                             prototype plant (as defined in sections 50.2            SEC. 1507. ADVANCED NUCLEAR REACTOR RE-                than December 31, 2035.
                                             and 52.1 of title 10, Code of Federal Regula-                       SEARCH AND DEVELOPMENT GOALS.                ‘‘(2) REQUIREMENTS.—In carrying out dem-
                                             tions (or successor regulations)), with sig-              (a) IN GENERAL.—Subtitle E of title IX of            onstration projects under paragraph (1), the
                                             nificant improvements compared to the most              the Energy Policy Act of 2005 (42 U.S.C. 16271         Secretary shall—
                                             recent generation of fission reactors, includ-          et seq.) is amended by adding at the end the             ‘‘(A) include diversity in designs for the ad-
                                             ing improvements such as—                               following:                                             vanced nuclear reactors demonstrated under
                                               ‘‘(i) additional inherent safety features;            ‘‘SEC. 959A. ADVANCED NUCLEAR REACTOR RE-              this section, including designs using var-
                                               ‘‘(ii) lower waste yields;                                         SEARCH AND DEVELOPMENT GOALS.             ious—
                                               ‘‘(iii) improved fuel performance;                       ‘‘(a) DEFINITIONS.—In this section:                   ‘‘(i) primary coolants;
                                               ‘‘(iv) increased tolerance to loss of fuel               ‘‘(1) ADVANCED NUCLEAR REACTOR.—The                   ‘‘(ii) fuel types and compositions; and
                                             cooling;                                                term ‘advanced nuclear reactor’ means—                   ‘‘(iii) neutron spectra;
                                               ‘‘(v) enhanced reliability;                             ‘‘(A) a nuclear fission reactor, including a           ‘‘(B) seek to ensure that—
                                               ‘‘(vi) increased proliferation resistance;            prototype plant (as defined in sections 50.2             ‘‘(i) the long-term cost of electricity or
                                               ‘‘(vii) increased thermal efficiency;                 and 52.1 of title 10, Code of Federal Regula-          heat for each design to be demonstrated
                                               ‘‘(viii) reduced consumption of cooling               tions (or successor regulations)), with sig-           under this subsection is cost-competitive in
                                             water;                                                  nificant improvements compared to the most             the applicable market;
                                               ‘‘(ix) the ability to integrate into electric         recent generation of fission reactors, includ-           ‘‘(ii) the selected projects can meet the
                                             applications and nonelectric applications;              ing improvements such as—                              deadline established in paragraph (1) to dem-
                                               ‘‘(x) modular sizes to allow for deployment             ‘‘(i) additional inherent safety features;           onstrate first-of-a-kind advanced nuclear re-
                                             that corresponds with the demand for elec-                ‘‘(ii) lower waste yields;                           actor technologies, for which additional in-
                                             tricity; or                                               ‘‘(iii) improved fuel performance;                   formation shall be considered, including—
                                               ‘‘(xi) operational flexibility to respond to            ‘‘(iv) increased tolerance to loss of fuel             ‘‘(I) the technology readiness level of a pro-
                                             changes in demand for electricity and to                cooling;                                               posed advanced nuclear reactor technology;
                                             complement integration with intermittent                  ‘‘(v) enhanced reliability;                            ‘‘(II) the technical abilities and qualifica-
                                             renewable energy; and                                     ‘‘(vi) increased proliferation resistance;           tions of teams desiring to demonstrate a pro-
                                               ‘‘(B) a fusion reactor.                                 ‘‘(vii) increased thermal efficiency;                posed advanced nuclear reactor technology;
                                               ‘‘(2) INSTITUTION OF HIGHER EDUCATION.—                 ‘‘(viii) reduced consumption of cooling              and
                                             The term ‘institution of higher education’              water;                                                   ‘‘(III) the capacity to meet cost-share re-
                                             has the meaning given the term in section                 ‘‘(ix) the ability to integrate into electric        quirements of the Department;
                                             101(a) of the Higher Education Act of 1965 (20          applications and nonelectric applications;               ‘‘(C) ensure that each evaluation of can-
                                             U.S.C. 1001(a)).                                          ‘‘(x) modular sizes to allow for deployment          didate technologies for the demonstration
                                               ‘‘(3) PROGRAM.—The term ‘Program’ means               that corresponds with the demand for elec-             projects is completed through an external re-
                                             the University Nuclear Leadership Program               tricity; or                                            view of proposed designs, which review
                                             established under subsection (b).                         ‘‘(xi) operational flexibility to respond to         shall—
                                               ‘‘(b) ESTABLISHMENT.—The Secretary of                 changes in demand for electricity and to                 ‘‘(i) be conducted by a panel that includes
                                             Energy, the Administrator of the National               complement integration with intermittent               not fewer than 1 representative of each of—
                                             Nuclear Security Administration, and the                renewable energy; and                                    ‘‘(I) an electric utility; and
                                             Chairman of the Nuclear Regulatory Com-                   ‘‘(B) a fusion reactor.                                ‘‘(II) an entity that uses high-temperature
                                             mission shall jointly establish a program, to             ‘‘(2) DEMONSTRATION PROJECT.—The term                process heat for manufacturing or industrial
                                             be known as the ‘University Nuclear Leader-             ‘demonstration project’ means an advanced              processing, such as a petrochemical com-
                                             ship Program’.                                          nuclear reactor operated in any manner, in-            pany, a manufacturer of metals, or a manu-
                                               ‘‘(c) USE OF FUNDS.—                                  cluding as part of the power generation fa-            facturer of concrete;
                                               ‘‘(1) IN GENERAL.—Except as provided in               cilities of an electric utility system, for the          ‘‘(ii) include a review of cost-competitive-
                                             paragraph (2), amounts made available to                purpose of demonstrating the suitability for           ness and other value streams, together with
                                             carry out the Program shall be used to pro-             commercial application of the advanced nu-             the technology readiness level, of each de-
                                             vide financial assistance for scholarships,             clear reactor.                                         sign to be demonstrated under this sub-
                                             fellowships, and research and development                 ‘‘(b) PURPOSE.—The purpose of this section           section; and
                                             projects at institutions of higher education            is to direct the Secretary, as soon as prac-             ‘‘(iii) not be required for a demonstration
                                             in areas relevant to the programmatic mis-              ticable after the date of enactment of this            project that receives no financial assistance
                                             sion of the applicable Federal agency pro-              section, to advance the research and develop-          from the Department for construction costs;
                                             viding the financial assistance with respect            ment of domestic advanced, affordable, and               ‘‘(D) for federally funded demonstration
                                             to research, development, demonstration,                clean nuclear energy by—                               projects, enter into cost-sharing agreements
                                             and deployment activities for technologies                ‘‘(1) demonstrating different advanced nu-           with private sector partners in accordance
                                             relevant to advanced nuclear reactors, in-              clear reactor technologies that could be used          with section 988 for the conduct of activities
                                             cluding relevant fuel cycle technologies.               by the private sector to produce—                      relating to the research, development, and
                                               ‘‘(2) EXCEPTION.—Notwithstanding para-                  ‘‘(A) emission-free power at a levelized cost        demonstration of private-sector advanced
                                             graph (1), amounts made available to carry              of electricity of $60 per megawatt-hour or             nuclear reactor designs under the program;
                                             out the Program may be used to provide fi-              less;                                                    ‘‘(E) work with private sector partners to
                                             nancial assistance for a scholarship, fellow-             ‘‘(B) heat for community heating, indus-             identify potential sites, including Depart-
                                             ship, or multiyear research and development             trial purposes, or synthetic fuel production;          ment-owned sites, for demonstrations, as ap-
                                             project that does not align directly with a               ‘‘(C) remote or off-grid energy supply; or           propriate;
                                             programmatic mission of the applicable Fed-               ‘‘(D) backup or mission-critical power sup-            ‘‘(F) align specific activities carried out
                                             eral agency providing the financial assist-             plies;                                                 under demonstration projects carried out
                                             ance, if the activity for which assistance is             ‘‘(2) developing subgoals for nuclear energy         under this subsection with priorities identi-
                                             provided would facilitate the maintenance of            research programs that would accomplish                fied through direct consultations between—
                                             the discipline of nuclear science or nuclear            the goals of the demonstration projects car-             ‘‘(i) the Department;
                                             engineering.                                            ried out under subsection (c);                           ‘‘(ii) National Laboratories;
                                               ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—                 ‘‘(3) identifying research areas that the pri-         ‘‘(iii) institutions of higher education;
                                             There are authorized to be appropriated to              vate sector is unable or unwilling to under-             ‘‘(iv) traditional end-users (such as electric
                                             carry out the Program for fiscal year 2021              take due to the cost of, or risks associated           utilities);
                                             and each fiscal year thereafter—                        with, the research; and                                  ‘‘(v) potential end-users of new tech-
                                               ‘‘(1) $30,000,000 to the Secretary of Energy,           ‘‘(4) facilitating the access of the private         nologies (such as users of high-temperature
                                             of which $15,000,000 shall be for use by the            sector—                                                process heat for manufacturing processing,
                                             Administrator of the National Nuclear Secu-               ‘‘(A) to Federal research facilities and per-        including petrochemical companies, manu-
                                             rity Administration; and                                sonnel; and                                            facturers of metals, or manufacturers of con-
                                               ‘‘(2) $15,000,000 to the Nuclear Regulatory             ‘‘(B) to the results of research relating to         crete); and
                                             Commission.’’.                                          civil nuclear technology funded by the Fed-              ‘‘(vi) developers of advanced nuclear reac-




dlhill on DSKBBY8HB2PROD with SENATE
                                             SEC. 1506. VERSATILE, REACTOR-BASED FAST                eral Government.                                       tor technology; and
                                                        NEUTRON SOURCE.                                ‘‘(c) DEMONSTRATION PROJECTS.—                         ‘‘(G) seek to ensure that the demonstration
                                               Section 955(c)(1) of the Energy Policy Act              ‘‘(1) IN GENERAL.—The Secretary shall, to            projects carried out under paragraph (1) do
                                             of 2005 (42 U.S.C. 16275(c)(1)) is amended—             the maximum extent practicable—                        not cause any delay in a deployment of an
                                               (1) in the paragraph heading, by striking               ‘‘(A) enter into agreements to complete              advanced reactor by private industry and the
                                             ‘‘MISSION NEED’’ and inserting ‘‘AUTHORIZA-             not fewer than 2 demonstration projects by             Department that is underway as of the date
                                             TION’’; and                                             not later than December 31, 2025; and                  of enactment of this section.




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00045   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1554                                             CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                               ‘‘(3) ADDITIONAL REQUIREMENTS.—In car-                rials are investigated to reduce the cost of           means a transportation package that is suit-
                                             rying out demonstration projects under                  advanced nuclear reactors.’’.                          able for transporting high-assay, low-en-
                                             paragraph (1), the Secretary shall—                       (b) TABLE OF CONTENTS.—The table of con-             riched uranium.
                                               ‘‘(A) identify candidate technologies that—           tents of the Energy Policy Act of 2005 (Pub-             ‘‘(2) HIGH-ASSAY, LOW-ENRICHED URANIUM.—
                                               ‘‘(i) are not developed sufficiently for dem-         lic Law 109–58; 119 Stat. 594; 132 Stat. 3160) is      The term ‘high-assay, low-enriched uranium’
                                             onstration within the initial required time-            amended—                                               means uranium with an assay greater than 5
                                             frame described in paragraph (1)(A); but                  (1) in the item relating to section 917, by          weight percent, but less than 20 weight per-
                                               ‘‘(ii) could be demonstrated within the               striking ‘‘Efficiency’’;                               cent, of the uranium-235 isotope.
                                             timeframe described in paragraph (1)(B);                  (2) in the items relating to each of sections          ‘‘(3) HIGH-ENRICHED URANIUM.—The term
                                               ‘‘(B) identify technical challenges to the            957, 958, and 959 by inserting ‘‘Sec.’’ before         ‘high-enriched uranium’ means uranium
                                             candidate technologies identified in subpara-           the item number; and                                   with an assay of 20 weight percent or more of
                                             graph (A);                                                (3) by inserting after the item relating to          the uranium-235 isotope.
                                               ‘‘(C) support near-term research and devel-           section 959 the following:                               ‘‘(b) HIGH-ASSAY, LOW-ENRICHED URANIUM
                                             opment to address the highest-risk technical            ‘‘Sec. 959A. Advanced nuclear reactor re-              PROGRAM FOR ADVANCED REACTORS.—
                                             challenges to the successful demonstration                             search     and      development           ‘‘(1) ESTABLISHMENT.—Not later than 1 year
                                             of a selected advanced reactor technology, in                          goals.’’.                               after the date of enactment of this section,
                                             accordance with—                                                                                               the Secretary shall establish a program to
                                                                                                     SEC. 1508. NUCLEAR ENERGY STRATEGIC PLAN.
                                               ‘‘(i) subparagraph (B); and                                                                                  make available high-assay, low-enriched ura-
                                                                                                       (a) IN GENERAL.—Subtitle E of title IX of
                                               ‘‘(ii) the research and development activi-                                                                  nium, through contracts for sale, resale,
                                                                                                     the Energy Policy Act of 2005 (42 U.S.C. 16271
                                             ties under sections 952 and 958;                                                                               transfer, or lease, for use in commercial or
                                                                                                     et seq.) (as amended by section 1507(a)) is
                                               ‘‘(D) establish such technology advisory                                                                     noncommercial advanced nuclear reactors.
                                                                                                     amended by adding at the end the following:
                                             working groups as the Secretary determines                                                                       ‘‘(2) NUCLEAR FUEL OWNERSHIP.—Each lease
                                                                                                     ‘‘SEC. 959B. NUCLEAR ENERGY STRATEGIC PLAN.
                                             to be appropriate to advise the Secretary re-                                                                  under this subsection shall include a provi-
                                             garding the technical challenges identified                ‘‘(a) IN GENERAL.—Not later than 180 days           sion establishing that the high-assay, low-
                                             under subparagraph (B) and the scope of re-             after the date of enactment of this section,           enriched uranium that is the subject of the
                                             search and development programs to address              the Secretary shall submit to the Committee            lease shall remain the property of the De-
                                             the challenges, in accordance with subpara-             on Energy and Natural Resources of the Sen-            partment, including with respect to responsi-
                                             graph (C), to be comprised of—                          ate and the Committees on Energy and Com-              bility for the storage, use, or final disposi-
                                               ‘‘(i) private-sector advanced nuclear reac-           merce and Science, Space, and Technology of            tion of all radioactive waste created by the
                                             tor technology developers;                              the House of Representatives a 10-year stra-           irradiation, processing, or purification of
                                               ‘‘(ii) technical experts with respect to the          tegic plan for the Office of Nuclear Energy of         any leased high-assay, low-enriched ura-
                                             relevant technologies at institutions of high-          the Department, in accordance with this sec-           nium.
                                             er education; and                                       tion.                                                    ‘‘(3) QUANTITY.—In carrying out the pro-
                                               ‘‘(iii) technical experts at the National               ‘‘(b) REQUIREMENTS.—                                 gram under this subsection, the Secretary
                                             Laboratories.                                             ‘‘(1) COMPONENTS.—The strategic plan                 shall make available—
                                               ‘‘(d) GOALS.—                                         under this section shall designate—                      ‘‘(A) by December 31, 2022, high-assay, low-
                                               ‘‘(1) IN GENERAL.—The Secretary shall es-               ‘‘(A) programs that support the planned ac-          enriched uranium containing not less than 2
                                             tablish goals for research relating to ad-              complishment of—                                       metric tons of the uranium-235 isotope; and
                                             vanced nuclear reactors facilitated by the                ‘‘(i) the goals established under section              ‘‘(B) by December 31, 2025, high-assay, low-
                                             Department that support the objectives of               959A; and                                              enriched uranium containing not less than 10
                                             the program for demonstration projects es-                ‘‘(ii) the demonstration programs identi-            metric tons of the uranium-235 isotope (as
                                             tablished under subsection (c).                         fied under subsection (c) of that section; and         determined including the quantities of the
                                               ‘‘(2) COORDINATION.—In developing the                   ‘‘(B) programs that—                                 uranium-235 isotope made available before
                                             goals under paragraph (1), the Secretary                  ‘‘(i) do not support the planned accom-              December 31, 2022).
                                             shall coordinate, on an ongoing basis, with             plishment of demonstration programs, or the              ‘‘(4) FACTORS FOR CONSIDERATION.—In car-
                                             members of private industry to advance the              goals, referred to in subparagraph (A); but            rying out the program under this subsection,
                                             demonstration of various designs of ad-                   ‘‘(ii) are important to the mission of the           the Secretary shall take into consideration—
                                             vanced nuclear reactors.                                Office of Nuclear Energy, as determined by               ‘‘(A) options for providing the high-assay,
                                               ‘‘(3) REQUIREMENTS.—In developing the                 the Secretary.                                         low-enriched uranium under this subsection
                                             goals under paragraph (1), the Secretary                  ‘‘(2) PROGRAM PLANNING.—In developing the            from a stockpile of uranium owned by the
                                             shall ensure that—                                      strategic plan under this section, the Sec-            Department (including the National Nuclear
                                               ‘‘(A) research activities facilitated by the          retary shall specify expected timelines for,           Security Administration), including—
                                             Department to meet the goals developed                  as applicable—                                           ‘‘(i) fuel that—
                                             under this subsection are focused on key                  ‘‘(A) the accomplishment of relevant objec-            ‘‘(I) directly meets the needs of an end-
                                             areas of nuclear research and deployment                tives under current programs of the Depart-            user; but
                                             ranging from basic science to full-design de-           ment; or                                                 ‘‘(II) has been previously used or fabricated
                                             velopment, safety evaluation, and licensing;              ‘‘(B) the commencement of new programs               for another purpose;
                                               ‘‘(B) research programs designed to meet              to accomplish those objectives.                          ‘‘(ii) fuel that can meet the needs of an
                                             the goals emphasize—                                      ‘‘(c) UPDATES.—Not less frequently than              end-user after removing radioactive or other
                                               ‘‘(i) resolving materials challenges relating         once every 2 years, the Secretary shall sub-           contaminants that resulted from a previous
                                             to extreme environments, including ex-                  mit to the Committee on Energy and Nat-                use or fabrication of the fuel for research, de-
                                             tremely high levels of—                                 ural Resources of the Senate and the Com-              velopment, demonstration, or deployment
                                               ‘‘(I) radiation fluence;                              mittees on Energy and Commerce and                     activities of the Department (including ac-
                                               ‘‘(II) temperature;                                   Science, Space, and Technology of the House            tivities of the National Nuclear Security Ad-
                                               ‘‘(III) pressure; and                                 of Representatives an updated 10-year stra-            ministration); and
                                               ‘‘(IV) corrosion; and                                 tegic plan in accordance with subsection (b),            ‘‘(iii) fuel from a high-enriched uranium
                                               ‘‘(ii) qualification of advanced fuels;               which shall identify, and provide a justifica-         stockpile, which can be blended with lower-
                                               ‘‘(C) activities are carried out that address         tion for, any major deviation from a previous          assay uranium to become high-assay, low-en-
                                             near-term challenges in modeling and sim-               strategic plan submitted under this sec-               riched uranium to meet the needs of an end-
                                             ulation to enable accelerated design and li-            tion.’’.                                               user; and
                                             censing;                                                  (b) TABLE OF CONTENTS.—The table of con-               ‘‘(B) requirements to support molybdenum-
                                               ‘‘(D) related technologies, such as tech-             tents of the Energy Policy Act of 2005 (Pub-           99 production under the American Medical
                                             nologies to manage, reduce, or reuse nuclear            lic Law 109–58; 119 Stat. 594; 132 Stat. 3160) (as     Isotopes Production Act of 2012 (Public Law
                                             waste, are developed;                                   amended by section 1507(b)(3)) is amended by           112–239; 126 Stat. 2211).
                                               ‘‘(E) nuclear research infrastructure is              inserting after the item relating to section             ‘‘(5) LIMITATION.—The Secretary shall not
                                             maintained or constructed, such as—                     959A the following:                                    barter or otherwise sell or transfer uranium
                                               ‘‘(i) currently operational research reac-            ‘‘Sec. 959B. Nuclear energy strategic plan.’’.         in any form in exchange for services relating
                                             tors at the National Laboratories and insti-            SEC. 1509. ADVANCED NUCLEAR FUEL SECURITY              to the final disposition of radioactive waste
                                             tutions of higher education;                                        PROGRAM.                                   from uranium that is the subject of a lease
                                               ‘‘(ii) hot cell research facilities;                    (a) IN GENERAL.—Subtitle E of title IX of            under this subsection.
                                               ‘‘(iii) a versatile fast neutron source; and          the Energy Policy Act of 2005 (42 U.S.C. 16271           ‘‘(6) SUNSET.—The program under this sub-




dlhill on DSKBBY8HB2PROD with SENATE
                                               ‘‘(iv) a molten salt testing facility;                et seq.) (as amended by section 1508(a)) is            section shall terminate on the earlier of—
                                               ‘‘(F) basic knowledge of non-light water              amended by adding at the end the following:              ‘‘(A) January 1, 2035; and
                                             coolant physics and chemistry is improved;              ‘‘SEC. 960. ADVANCED NUCLEAR FUEL SECURITY               ‘‘(B) the date on which uranium enriched
                                               ‘‘(G) advanced sensors and control systems                         PROGRAM.                                  up to, but not equal to, 20 weight percent can
                                             are developed; and                                         ‘‘(a) DEFINITIONS.—In this section:                 be obtained in the commercial market from
                                               ‘‘(H) advanced manufacturing and ad-                     ‘‘(1) HALEU TRANSPORTATION PACKAGE.—                domestic suppliers.
                                             vanced construction techniques and mate-                The term ‘HALEU transportation package’                  ‘‘(c) REPORT.—




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00046   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1555
                                               ‘‘(1) IN GENERAL.—Not later than 180 days               ‘‘(D) nuclear reactors.’’.                             (ii) to develop energy systems involving
                                             after the date of enactment of this section,              (b) CLERICAL AMENDMENT.—The table of                 the integration of nuclear energy with re-
                                             the Secretary shall submit to the appro-                contents of the Energy Policy Act of 2005              newable energy, fossil energy, and energy
                                             priate committees of Congress a report that             (Public Law 109–58; 119 Stat. 594; 132 Stat.           storage; and
                                             describes actions proposed to be carried out            3160) (as amended by section 1508(b)) is                 (iii) to expand the use of emissions-reduc-
                                             by the Secretary—                                       amended by inserting after the item relating           ing energy technologies into nonelectric sec-
                                               ‘‘(A) under the program under subsection              to section 959B the following:                         tors to achieve significant reductions in en-
                                             (b); or                                                 ‘‘Sec. 960. Advanced nuclear fuel security             vironmental emissions.
                                               ‘‘(B) otherwise to enable the commercial                            program.’’.                                (B) PROGRAM ADMINISTRATION; PARTNERS.—
                                             use of high-assay, low-enriched uranium.                SEC. 1510. INTERNATIONAL NUCLEAR ENERGY                The program shall be carried out by the
                                               ‘‘(2)    COORDINATION     AND     STAKEHOLDER                     COOPERATION.                               Under Secretary of Energy, in partnership
                                             INPUT.—In developing the report under this                (a) IN GENERAL.—Subtitle H of Title IX of            with—
                                             subsection, the Secretary shall seek input              the Energy Policy Act of 2005 (42 U.S.C. 16341           (i) relevant offices within the Department;
                                             from—                                                   et seq.) is amended by adding at the end the             (ii) National Laboratories;
                                               ‘‘(A) the Nuclear Regulatory Commission;              following:                                               (iii) institutions of higher education; and
                                               ‘‘(B) the National Laboratories;                      ‘‘SEC. 986B. INTERNATIONAL NUCLEAR ENERGY                (iv) the private sector.
                                               ‘‘(C) institutions of higher education;                            COOPERATION.                                (C) GOALS AND MILESTONES.—The Secretary
                                               ‘‘(D) producers of medical isotopes;                     ‘‘(a) IN GENERAL.—The Secretary shall               shall establish quantitative goals and mile-
                                               ‘‘(E) a diverse group of entities operating           carry out a program to develop bilateral col-          stones for the program.
                                             in the nuclear energy industry; and                     laboration initiatives with a variety of coun-           (2) RESEARCH AREAS.—Research areas under
                                               ‘‘(F) a diverse group of technology devel-            tries through—                                         the program may include—
                                             opers.                                                    ‘‘(1) research and development agreements;             (A) technology innovation to further the
                                               ‘‘(3) COST AND SCHEDULE ESTIMATES.—The                                                                       expansion of emissions-reducing energy tech-
                                                                                                       ‘‘(2) other relevant arrangements and ac-
                                             report under this subsection shall include es-                                                                 nologies to accommodate a modern, resilient
                                                                                                     tion plan updates; and
                                             timated costs, budgets, and timeframes for                                                                     grid system by—
                                                                                                       ‘‘(3) maintaining existing multilateral co-
                                             enabling the use of high-assay, low-enriched                                                                     (i) effectively leveraging multiple energy
                                                                                                     operation commitments of—
                                             uranium.                                                                                                       sources;
                                                                                                       ‘‘(A) the International Framework for Nu-
                                               ‘‘(4) REQUIRED EVALUATIONS.—The report                                                                         (ii) enhancing and streamlining engineer-
                                                                                                     clear Energy Cooperation;
                                             under this subsection shall evaluate—                                                                          ing design;
                                                                                                       ‘‘(B) the Generation IV International
                                               ‘‘(A) the costs and actions required to es-                                                                    (iii) carrying out process demonstrations
                                                                                                     Forum;
                                             tablish and carry out the program under sub-                                                                   to optimize performance; and
                                             section (b), including with respect to—                   ‘‘(C) the International Atomic Energy
                                                                                                     Agency; and                                              (iv) streamlining regulatory review;
                                               ‘‘(i) proposed preliminary terms for the                                                                       (B) advanced power cycles, energy extrac-
                                             sale, resale, transfer, and leasing of high-              ‘‘(D) any other international collaborative
                                                                                                     effort with respect to advanced nuclear reac-          tion, and processing of complex hydro-
                                             assay, low-enriched uranium (including                                                                         carbons to produce high-value chemicals;
                                             guidelines defining the roles and responsibil-          tor operations and safety.
                                                                                                       ‘‘(b) SUBPROGRAM.—                                     (C) efficient use of emissions-reducing en-
                                             ities between the Department and the pur-
                                                                                                       ‘‘(1) IN GENERAL.—In carrying out the pro-           ergy technologies for hydrogen production to
                                             chaser, transfer recipient, or lessee); and
                                                                                                     gram under subsection (a), the Secretary               support transportation and industrial needs;
                                               ‘‘(ii) the potential to coordinate with pur-
                                                                                                     shall establish a subprogram that shall—                 (D) enhancement and acceleration of do-
                                             chasers, transfer recipients, and lessees re-
                                                                                                       ‘‘(A) support diplomatic, nonproliferation,          mestic manufacturing and desalinization
                                             garding—
                                                                                                     climate, and international economic objec-             technologies and processes by optimally
                                               ‘‘(I) fuel fabrication; and
                                                                                                     tives for the safe, secure, and peaceful use of        using clean energy sources;
                                               ‘‘(II) fuel transport;
                                                                                                     nuclear technology in countries developing               (E) more effective thermal energy use,
                                               ‘‘(B) the potential sources and fuel forms
                                                                                                     nuclear energy programs, with a focus on               transport, and storage;
                                             available to provide uranium for the pro-
                                             gram under subsection (b);                              countries that have increased civil nuclear              (F) the demonstration of nuclear energy
                                               ‘‘(C) options to coordinate the program               cooperation with Russia and China; and                 for—
                                             under subsection (b) with the operation of                ‘‘(B) be modeled after the International               (i) the production of chemicals, metals,
                                             the versatile, reactor-based fast neutron               Military Education and Training program of             and fuels;
                                             source under section 959A;                              the Department of State.                                 (ii) the capture, use, and storage of carbon;
                                               ‘‘(D) the ability of the domestic uranium               ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—                (iii) renewable integration with an inte-
                                             market to provide materials for advanced                There is authorized to be appropriated to the          grated energy system;
                                             nuclear reactor fuel; and                               Secretary to carry out the subprogram under              (iv) conversion of carbon feedstock, such as
                                               ‘‘(E) any associated legal, regulatory, and           this subsection $5,500,000 for each of fiscal          coal, biomass, natural gas, and refuse waste,
                                             policy issues that should be addressed to en-           years 2021 through 2025.                               to higher value nonelectric commodities;
                                             able—                                                     ‘‘(c) REQUIREMENTS.—The program under                and
                                               ‘‘(i) the program under subsection (b); and           subsection (a) shall be carried out—                     (v) the generation of heat used, directly or
                                               ‘‘(ii) the establishment of a domestic in-              ‘‘(1) to facilitate, to the maximum extent           through an energy storage system, in a vari-
                                             dustry capable of providing high-assay, low-            practicable, workshops and expert-based ex-            ety of processes that may include elec-
                                             enriched uranium for commercial and non-                changes to engage industry, stakeholders,              tricity, hydrogen, or other industrial appli-
                                             commercial purposes, including with respect             and foreign governments regarding inter-               cations;
                                             to the needs of—                                        national civil nuclear issues, such as train-            (G) the development of new analysis capa-
                                               ‘‘(I) the Department;                                 ing, financing, safety, and options for multi-         bilities to identify the best ways—
                                               ‘‘(II) the Department of Defense; and                 national cooperation on used nuclear fuel                (i) to leverage multiple energy sources in a
                                               ‘‘(III) the National Nuclear Security Ad-             disposal; and                                          given region; and
                                             ministration.                                             ‘‘(2) in coordination with—                            (ii) to quantify the benefits of integrated
                                               ‘‘(d) HALEU TRANSPORTATION PACKAGE RE-                  ‘‘(A) the National Security Council;                 energy systems; and
                                             SEARCH PROGRAM.—                                          ‘‘(B) the Secretary of State;                          (H) any other area that, as determined by
                                               ‘‘(1) IN GENERAL.—As soon as practicable                ‘‘(C) the Secretary of Commerce; and                 the Secretary, meets the purpose and goals
                                             after the date of enactment of this section,              ‘‘(D) the Nuclear Regulatory Commis-                 of the program.
                                             the Secretary shall establish a research, de-           sion.’’.                                                 (3) GRANTS.—The Secretary may award
                                             velopment, and demonstration program                      (b) CONFORMING AMENDMENT.—The table of               grants under the program to support the
                                             under which the Secretary shall provide fi-             contents of the Energy Policy Act of 2005              goals of the program.
                                             nancial assistance, on a competitive basis, to          (Public Law 109–58; 119 Stat. 600) is amended            (b) REPORT ON DUPLICATIVE PROGRAMS.—
                                             establish the capability to transport high-             by inserting after the item relating to sec-           Not later than 1 year after the date of enact-
                                             assay, low-enriched uranium.                            tion 986A the following:                               ment of this Act, and annually thereafter,
                                               ‘‘(2) REQUIREMENT.—The focus of the pro-              ‘‘Sec. 986B. International nuclear energy co-          the Secretary shall submit to Congress a re-
                                             gram under this subsection shall be to estab-                          operation.’’.                           port identifying any program that is duplica-
                                             lish 1 or more HALEU transportation pack-               SEC. 1511. INTEGRATED ENERGY SYSTEMS PRO-              tive of the program established under sub-
                                             ages that can be certified by the Nuclear                           GRAM.                                      section (a)(1)(A).
                                             Regulatory Commission to transport high-                  (a) PROGRAM.—                                               Subtitle F—Industrial Technologies




dlhill on DSKBBY8HB2PROD with SENATE
                                             assay, low-enriched uranium to the various                (1) ESTABLISHMENT.—
                                                                                                                                                                        PART I—INNOVATION
                                             facilities involved in producing or using nu-             (A) IN GENERAL.—The Secretary shall es-
                                             clear fuel containing high-assay, low-en-               tablish a program, to be known as the ‘‘Inte-          SEC. 1601. PURPOSE.
                                             riched uranium, such as—                                grated Energy Systems Program’’ (referred                The purpose of this part and the amend-
                                               ‘‘(A) enrichment facilities;                          to in this subsection as the ‘‘program’’)—             ments made by this part is to encourage the
                                               ‘‘(B) fuel processing facilities;                       (i) to maximize energy production and effi-          development and evaluation of innovative
                                               ‘‘(C) fuel fabrication facilities; and                ciency;                                                technologies aimed at increasing—




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00047   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1556                                             CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                               (1) the technological and economic com-                 ‘‘(A) coordinate with each relevant office             ‘‘(7) high-performance computing to de-
                                             petitiveness of industry and manufacturing              in the Department and any other Federal                velop advanced materials and manufacturing
                                             in the United States; and                               agency;                                                processes contributing to the focus areas de-
                                               (2) the emissions reduction of nonpower in-             ‘‘(B) coordinate and collaborate with the            scribed in paragraphs (1) through (6), includ-
                                             dustrial sectors.                                       Industrial Technology Innovation Advisory              ing—
                                             SEC. 1602. COORDINATION OF RESEARCH AND                 Committee established under section 456; and             ‘‘(A) modeling, simulation, and optimiza-
                                                         DEVELOPMENT OF ENERGY EFFI-                   ‘‘(C) coordinate and seek to avoid duplica-          tion of the design of energy efficient and sus-
                                                         CIENT TECHNOLOGIES FOR INDUS-               tion with the energy-intensive industries              tainable products; and
                                                         TRY.                                        program established under section 452.                   ‘‘(B) the use of digital prototyping and ad-
                                               Section 6(a) of the American Energy Manu-               ‘‘(3) LEVERAGE OF EXISTING RESOURCES.—In             ditive manufacturing to enhance product de-
                                             facturing Technical Corrections Act (42                 carrying out the program, the Secretary                sign.
                                             U.S.C. 6351(a)) is amended—                             shall leverage, to the maximum extent prac-              ‘‘(d) GRANTS, CONTRACTS, COOPERATIVE
                                               (1) by striking ‘‘Industrial Technologies             ticable—                                               AGREEMENTS,          AND       DEMONSTRATION
                                             Program’’ each place it appears and insert-               ‘‘(A) existing resources and programs of             PROJECTS.—
                                             ing ‘‘Advanced Manufacturing Office’’; and              the Department and other relevant Federal                ‘‘(1) GRANTS.—In carrying out the program,
                                               (2) in the matter preceding paragraph (1),            agencies; and                                          the Secretary shall award grants on a com-
                                             by striking ‘‘Office of Energy’’ and all that             ‘‘(B) public-private partnerships.                   petitive basis to eligible entities for projects
                                             follows through ‘‘Office of Science’’ and in-                                                                  that the Secretary determines would best
                                             serting ‘‘Department of Energy’’.                         ‘‘(c) FOCUS AREAS.—The program shall
                                                                                                     focus on—                                              achieve the goals of the program.
                                             SEC. 1603. INDUSTRIAL EMISSIONS REDUCTION                                                                        ‘‘(2) CONTRACTS AND COOPERATIVE AGREE-
                                                         TECHNOLOGY DEVELOPMENT PRO-                   ‘‘(1) industrial production processes, in-
                                                                                                     cluding technologies and processes that—               MENTS.—In carrying out the program, the
                                                         GRAM.
                                                                                                       ‘‘(A) achieve emissions reduction in high-           Secretary may enter into contracts and co-
                                               (a) IN GENERAL.—The Energy Independence
                                                                                                     emissions industrial materials production              operative agreements with eligible entities
                                             and Security Act of 2007 is amended by in-
                                                                                                     processes, including production processes for          and Federal agencies for projects that the
                                             serting after section 454 (as added by section
                                                                                                     iron, steel, steel mill products, aluminum,            Secretary determines would further the pur-
                                             1022(b)) the following:
                                                                                                     cement, glass, pulp, paper, and industrial ce-         poses of the program.
                                             ‘‘SEC. 455. INDUSTRIAL EMISSIONS REDUCTION
                                                                                                     ramics;                                                  ‘‘(3) DEMONSTRATION PROJECTS.—In sup-
                                                          TECHNOLOGY DEVELOPMENT PRO-
                                                          GRAM.                                        ‘‘(B) achieve emissions reduction in                 porting technologies developed under this
                                                ‘‘(a) DEFINITIONS.—In this section:                  medium- and high-temperature heat genera-              section, the Secretary shall fund demonstra-
                                                ‘‘(1) DIRECTOR.—The term ‘Director’ means            tion, including—                                       tion projects that test and validate tech-
                                             the Director of the Office of Science and                 ‘‘(i) through electrification of heating             nologies described in subsection (c).
                                             Technology Policy.                                      processes;                                               ‘‘(4) APPLICATION.—An entity seeking fund-
                                               ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible               ‘‘(ii) through renewable heat generation             ing or a contract or agreement under this
                                             entity’ means—                                          technology;                                            subsection shall submit to the Secretary an
                                               ‘‘(A) a scientist or other individual with              ‘‘(iii) through combined heat and power;             application at such time, in such manner,
                                             knowledge and expertise in emissions reduc-             and                                                    and containing such information as the Sec-
                                             tion;                                                     ‘‘(iv) by switching to alternative fuels, in-        retary may require.
                                               ‘‘(B) an institution of higher education;             cluding hydrogen and nuclear energy;                     ‘‘(5) COST SHARING.—In awarding funds
                                               ‘‘(C) a nongovernmental organization;                   ‘‘(C) achieve emissions reduction in chem-           under this section, the Secretary shall re-
                                               ‘‘(D) a National Laboratory;                          ical production processes, including by in-            quire cost sharing in accordance with section
                                               ‘‘(E) a private entity; and                           corporating, if appropriate and practicable,           988 of the Energy Policy Act of 2005 (42 U.S.C.
                                               ‘‘(F) a partnership or consortium of 2 or             principles, practices, and methodologies of            16352).’’.
                                             more entities described in subparagraphs (B)            sustainable, green chemistry and engineer-               (b) TECHNICAL AMENDMENT.—The table of
                                             through (E).                                            ing;                                                   contents of the Energy Independence and Se-
                                               ‘‘(3) EMISSIONS REDUCTION.—                             ‘‘(D) leverage smart manufacturing tech-             curity Act of 2007 (Public Law 110–140; 121
                                               ‘‘(A) IN GENERAL.—The term ‘emissions re-             nologies and principles, digital manufac-              Stat. 1494) (as amended by section 1022(c)) is
                                             duction’ means the reduction, to the max-               turing technologies, and advanced data ana-            amended by inserting after the item relating
                                             imum extent practicable, of net nonwater                lytics to develop advanced technologies and            to section 454 the following:
                                             greenhouse gas emissions to the atmosphere              practices in information, automation, moni-            ‘‘Sec. 455. Industrial emissions reduction
                                             by energy services and industrial processes.            toring, computation, sensing, modeling, and                          technology development pro-
                                               ‘‘(B) EXCLUSION.—The term ‘emissions re-              networking to—                                                       gram.’’.
                                             duction’ does not include the elimination of              ‘‘(i) model and simulate manufacturing               SEC. 1604. INDUSTRIAL TECHNOLOGY INNOVA-
                                             carbon embodied in the principal products of            production lines;                                                  TION ADVISORY COMMITTEE.
                                             industrial manufacturing.                                 ‘‘(ii) monitor and communicate production              (a) IN GENERAL.—The Energy Independence
                                               ‘‘(4) INSTITUTION OF HIGHER EDUCATION.—               line status;                                           and Security Act of 2007 is amended by in-
                                             The term ‘institution of higher education’                ‘‘(iii) manage and optimize energy produc-           serting after section 455 (as added by section
                                             has the meaning given the term in section               tivity and cost throughout production; and             1603(a)) the following:
                                             101 of the Higher Education Act of 1965 (20               ‘‘(iv) model, simulate, and optimize the en-         ‘‘SEC. 456. INDUSTRIAL TECHNOLOGY INNOVA-
                                             U.S.C. 1001).                                           ergy efficiency of manufacturing processes;                         TION ADVISORY COMMITTEE.
                                               ‘‘(5) PROGRAM.—The term ‘program’ means                 ‘‘(E) leverage the principles of sustainable            ‘‘(a) DEFINITIONS.—In this section:
                                             the program established under subsection                manufacturing and sustainable chemistry to                ‘‘(1) COMMITTEE.—The term ‘Committee’
                                             (b)(1).                                                 minimize the negative environmental im-                means the Industrial Technology Innovation
                                               ‘‘(b) INDUSTRIAL EMISSIONS REDUCTION                  pacts of manufacturing while conserving en-            Advisory Committee established under sub-
                                             TECHNOLOGY DEVELOPMENT PROGRAM.—                        ergy and resources, including—                         section (b).
                                               ‘‘(1) IN GENERAL.—Not later than 1 year                 ‘‘(i) by designing products that enable                ‘‘(2) DIRECTOR.—The term ‘Director’ means
                                             after the date of enactment of the American             reuse, refurbishment, remanufacturing, and             the Director of the Office of Science and
                                             Energy Innovation Act of 2020, the Sec-                 recycling;                                             Technology Policy.
                                             retary, in consultation with the Director,                ‘‘(ii) by minimizing waste from industrial             ‘‘(3) EMISSIONS REDUCTION.—The term
                                             the heads of relevant Federal agencies, Na-             processes, including through the reuse of              ‘emissions reduction’ has the meaning given
                                             tional Laboratories, industry, and institu-             waste as other resources in other industrial           the term in section 455(a).
                                             tions of higher education, shall establish a            processes for mutual benefit; and                        ‘‘(4) PROGRAM.—The term ‘program’ means
                                             crosscutting industrial emissions reduction               ‘‘(iii) by increasing resource efficiency; and       the industrial emissions reduction tech-
                                             technology development program of re-                     ‘‘(F) increase the energy efficiency of in-          nology development program established
                                             search, development, demonstration, and                 dustrial processes;                                    under section 455(b)(1).
                                             commercial application to further the devel-              ‘‘(2) alternative materials that produce               ‘‘(b) ESTABLISHMENT.—Not later than 180
                                             opment and commercialization of innovative              fewer emissions during production and result           days after the date of enactment of the
                                             technologies that—                                      in fewer emissions during use;                         American Energy Innovation Act of 2020, the
                                               ‘‘(A) increase the technological and eco-               ‘‘(3) development of net-zero emissions liq-         Secretary, in consultation with the Director,
                                             nomic competitiveness of industry and man-              uid and gaseous fuels;                                 shall establish an advisory committee, to be
                                             ufacturing in the United States;                          ‘‘(4) emissions reduction in shipping, avia-         known as the ‘Industrial Technology Innova-




dlhill on DSKBBY8HB2PROD with SENATE
                                               ‘‘(B) increase the viability and competi-             tion, and long distance transportation;                tion Advisory Committee’.
                                             tiveness of United States industrial tech-                ‘‘(5) carbon capture technologies for indus-           ‘‘(c) MEMBERSHIP.—
                                             nology exports; and                                     trial processes;                                         ‘‘(1) APPOINTMENT.—The Committee shall
                                               ‘‘(C) achieve emissions reduction in                    ‘‘(6) other technologies that achieve net-           be comprised of not fewer than 14 members
                                             nonpower industrial sectors.                            zero emissions in nonpower industrial sec-             and not more than 18 members, who shall be
                                               ‘‘(2) COORDINATION.—In carrying out the               tors, as determined by the Secretary, in con-          appointed by the Secretary, in consultation
                                             program, the Secretary shall—                           sultation with the Director; and                       with the Director.




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00048   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1557
                                               ‘‘(2) REPRESENTATION.—Members appointed                 ‘‘(1) IN GENERAL.—Not later than 2 years               ‘‘(E) a tribal organization (as defined in
                                             pursuant to paragraph (1) shall include—                after the date of enactment of the American            section 3765 of title 38, United States Code);
                                               ‘‘(A) not less than 1 representative of each          Energy Innovation Act of 2020, and not less              ‘‘(F) an institution of higher education;
                                             relevant Federal agency, as determined by               frequently than once every 3 years there-              and
                                             the Secretary;                                          after, the Committee shall submit to the                 ‘‘(G) a private entity.
                                               ‘‘(B) the Chair of the Secretary of Energy            Secretary a report on the progress of achiev-            ‘‘(2) EMISSIONS REDUCTION.—The term
                                             Advisory Board, if that position is filled;             ing the purposes of the program.                       ‘emissions reduction’ has the meaning given
                                               ‘‘(C) not less than 2 representatives of                ‘‘(2) CONTENTS.—The report under para-               the term in section 455(a).
                                             labor groups;                                           graph (1) shall include—                                 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.—
                                               ‘‘(D) not less than 3 representatives of the            ‘‘(A) a description of any technology inno-          The term ‘institution of higher education’
                                             research community, which shall include                 vation opportunities identified by the Com-            has the meaning given the term in section
                                             academia and National Laboratories;                     mittee;                                                101 of the Higher Education Act of 1965 (20
                                               ‘‘(E) not less than 2 representatives of non-           ‘‘(B) a description of any technology gaps           U.S.C. 1001).
                                             governmental organizations;                             identified by the Committee under sub-                   ‘‘(4) PROGRAM.—The term ‘program’ means
                                               ‘‘(F) not less than 6 representatives of              section (d)(1)(B)(ii);                                 the program established under subsection
                                             small- and large-scale industry, the collec-              ‘‘(C) recommendations for improving tech-            (b).
                                             tive expertise of which shall cover every               nology screening criteria and management                 ‘‘(b) ESTABLISHMENT.—Not later than 180
                                             focus area described in section 455(c); and             of the program;                                        days after the date of enactment of the
                                               ‘‘(G) any other individuals the Secretary,              ‘‘(D) an evaluation of the progress of the           American Energy Innovation Act of 2020, the
                                             in coordination with the Director, deter-               program and the research and development               Secretary shall establish a program to pro-
                                             mines to be necessary to ensure that the                funded under the program;                              vide technical assistance to eligible entities
                                             Committee is comprised of a diverse group of              ‘‘(E) any recommended changes to the                 to carry out an activity described in sub-
                                             representatives of industry, academia, inde-            focus areas of the program described in sec-           section (c).
                                             pendent researchers, and public and private             tion 455(c);                                             ‘‘(c) ACTIVITIES DESCRIBED.—An activity
                                             entities.                                                 ‘‘(F) a description of the manner in which           referred to in subsection (b) is any of the fol-
                                               ‘‘(3) CHAIR.—The Secretary shall designate            the Committee has carried out the duties de-           lowing activities carried out for the purpose
                                             a member of the Committee to serve as                   scribed in subsection (d)(1) and any relevant          of     achieving     emissions    reduction   in
                                             Chair.                                                  findings as a result of carrying out those du-         nonpower industrial sectors:
                                               ‘‘(d) DUTIES.—                                        ties;                                                    ‘‘(1) Adopting emissions reduction tech-
                                               ‘‘(1) IN GENERAL.—The Committee shall—                  ‘‘(G) if necessary, an update to the stra-           nologies.
                                               ‘‘(A) in consultation with the Secretary              tegic plan developed by the Committee under              ‘‘(2) Establishing goals and priorities to ac-
                                             and the Director, propose missions and goals            subsection (d)(1)(C);                                  celerate the development and evaluation of
                                             for the program, which shall be consistent                ‘‘(H) the progress made in achieving the             relevant technologies.
                                             with the purposes of the program described              goals set out in that strategic plan;                    ‘‘(3) Developing collaborations across
                                             in section 455(b)(1); and                                 ‘‘(I) a review of the management, coordina-          States, local governments, and territories
                                               ‘‘(B) advise the Secretary with respect to            tion, and industry utility of the program;             and possessions of the United States.
                                             the program—                                              ‘‘(J) an assessment of the extent to which             ‘‘(4) Reviewing the appropriate emissions
                                               ‘‘(i) by identifying and evaluating any               progress has been made under the program in            reduction technologies available for a par-
                                             technologies being developed by the private             developing commercial, cost-competitive                ticular eligible entity.
                                             sector relating to the focus areas described            technologies in each focus area described in             ‘‘(5) Developing a roadmap for imple-
                                             in section 455(c);                                      section 455(c); and                                    menting emissions reduction technologies
                                               ‘‘(ii) by identifying technology gaps in the            ‘‘(K) an assessment of the effectiveness of          for a particular eligible entity.
                                             private sector in those focus areas, and mak-           the program in coordinating efforts within               ‘‘(6) Any other activity determined appro-
                                             ing recommendations to address those gaps;              the Department and with other Federal                  priate by the Secretary.
                                               ‘‘(iii) by surveying and analyzing factors            agencies to achieve the purposes of the pro-             ‘‘(d) APPLICATIONS.—
                                             that prevent the adoption of emissions re-              gram.                                                    ‘‘(1) IN GENERAL.—An eligible entity desir-
                                             duction technologies by the private sector;               ‘‘(g) REPORT TO CONGRESS.—Not later than             ing technical assistance under the program
                                             and                                                     60 days after receiving a report from the              shall submit to the Secretary an application
                                               ‘‘(iv) by recommending technology screen-             Committee under subsection (f), the Sec-               at such time, in such manner, and con-
                                             ing criteria for technology developed under             retary shall submit a copy of that report to           taining such information as the Secretary
                                             the program to encourage adoption of the                the Committees on Appropriations and                   may require.
                                             technology by the private sector; and                   Science, Space, and Technology of the House              ‘‘(2) APPLICATION PROCESS.—The Secretary
                                               ‘‘(C) develop the strategic plan described in         of Representatives, the Committees on Ap-              shall seek applications for technical assist-
                                             paragraph (2).                                          propriations and Energy and Natural Re-                ance under the program on a periodic basis,
                                               ‘‘(2) STRATEGIC PLAN.—                                sources of the Senate, and any other rel-              but not less frequently than once every 12
                                               ‘‘(A) PURPOSE.—The purpose of the stra-               evant Committee of Congress.                           months.
                                             tegic plan developed under paragraph (1)(C)               ‘‘(h) APPLICABILITY OF FEDERAL ADVISORY
                                                                                                                                                              ‘‘(3) FACTORS FOR CONSIDERATION.—In se-
                                             is to achieve the goals of the program in the           COMMITTEE ACT.—Except as otherwise pro-
                                                                                                                                                            lecting eligible entities for technical assist-
                                             focus areas described in section 455(c).                vided in this section, the Federal Advisory
                                                                                                                                                            ance under the program, the Secretary
                                                                                                     Committee Act (5 U.S.C. App.) shall apply to
                                               ‘‘(B) CONTENTS.—The strategic plan devel-                                                                    shall—
                                                                                                     the Committee.’’.
                                             oped under paragraph (1)(C) shall—                                                                               ‘‘(A) give priority to—
                                                                                                       (b) TECHNICAL AMENDMENT.—The table of
                                               ‘‘(i) specify near-term and long-term quali-          contents of the Energy Independence and Se-              ‘‘(i) activities carried out with technical
                                             tative and quantitative objectives relating             curity Act of 2007 (Public Law 110–140; 121            assistance under the program that have the
                                             to each focus area described in section 455(c),         Stat. 1494) (as amended by section 1603(b)) is         greatest potential for achieving emissions
                                             including research, development, demonstra-             amended by inserting after the item relating           reduction in nonpower industrial sectors;
                                             tion, and commercial application objectives;            to section 455 the following:                            ‘‘(ii) activities carried out in a State in
                                               ‘‘(ii) specify the anticipated timeframe for                                                                 which there are active or inactive industrial
                                                                                                     ‘‘Sec. 456. Industrial Technology Innovation
                                             achieving the objectives specified under                                                                       facilities that may be used or retrofitted to
                                                                                                                    Advisory Committee.’’.
                                             clause (i);                                                                                                    carry out activities under the focus areas de-
                                                                                                     SEC. 1605. TECHNICAL ASSISTANCE PROGRAM TO
                                               ‘‘(iii) include plans for developing emis-                                                                   scribed in section 455(c); and
                                                                                                                  IMPLEMENT INDUSTRIAL EMISSIONS
                                             sions reduction technologies that are glob-                          REDUCTION.                                  ‘‘(iii) activities carried out in an economi-
                                             ally cost-competitive;                                    (a) IN GENERAL.—The Energy Independence              cally distressed area (as described in section
                                               ‘‘(iv) identify the public and private costs          and Security Act of 2007 is amended by in-             301(a) of the Public Works and Economic De-
                                             of achieving the objectives specified under             serting after section 456 (as added by section         velopment Act of 1965 (42 U.S.C. 3161(a))); and
                                             clause (i); and                                         1604(a)) the following:                                  ‘‘(B) ensure that—
                                               ‘‘(v) estimate the economic and employ-               ‘‘SEC. 457. TECHNICAL ASSISTANCE PROGRAM TO              ‘‘(i) there is geographic diversity among
                                             ment impact in the United States of achiev-                           IMPLEMENT INDUSTRIAL EMISSIONS           the eligible entities selected; and
                                             ing those objectives.                                                 REDUCTION.                                 ‘‘(ii) the activities carried out with tech-
                                               ‘‘(e) MEETINGS.—                                         ‘‘(a) DEFINITIONS.—In this section:                 nical assistance under the program reflect a
                                               ‘‘(1) FREQUENCY.—The Committee shall                     ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible           majority of the focus areas described in sec-




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




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00049   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1558                                             CONGRESSIONAL RECORD — SENATE                                                         March 5, 2020
                                             ‘‘Sec. 457. Technical assistance program to             and additive manufacturing to enhance prod-            SEC. 1614. LEVERAGING SMART MANUFACTURING
                                                           implement industrial emissions            uct design;                                                         INFRASTRUCTURE  AT  NATIONAL
                                                                                                                                                                         LABORATORIES.
                                                           reduction.’’.                               (E) connect manufactured products in net-
                                                                                                     works to monitor and optimize the perform-               (a) STUDY.—
                                                 PART II—SMART MANUFACTURING
                                                                                                     ance of the networks, including automated                (1) IN GENERAL.—Not later than 180 days
                                             SEC. 1611. DEFINITIONS.                                                                                        after the date of enactment of this Act, the
                                                In this part:                                        network operations; and
                                                                                                       (F) digitally connect the supply chain net-          Secretary shall conduct a study on how the
                                                (1) ENERGY MANAGEMENT SYSTEM.—The                                                                           Department can increase access to existing
                                             term ‘‘energy management system’’ means a               work.
                                                                                                                                                            high-performance computing resources in
                                             business management process based on                    SEC. 1612. DEVELOPMENT OF NATIONAL SMART
                                                                                                                                                            the National Laboratories, particularly for
                                             standards of the American National Stand-                           MANUFACTURING PLAN.
                                                                                                                                                            small and medium manufacturers.
                                             ards Institute that enables an organization               (a) IN GENERAL.—Not later than 3 years                 (2) INCLUSIONS.—In identifying ways to in-
                                             to follow a systematic approach in achieving            after the date of enactment of this Act, the           crease access to National Laboratories under
                                             continual improvement of energy perform-                Secretary, in consultation with the National           paragraph (1), the Secretary shall—
                                             ance, including energy efficiency, security,            Academies, shall develop and complete a na-              (A) focus on increasing access to the com-
                                             use, and consumption.                                   tional plan for smart manufacturing tech-              puting facilities of the National Labora-
                                                (2) INDUSTRIAL ASSESSMENT CENTER.—The                nology development and deployment to im-               tories; and
                                             term ‘‘industrial assessment center’’ means             prove the productivity and energy efficiency             (B) ensure that—
                                             a center located at an institution of higher            of the manufacturing sector of the United                (i) the information from the manufacturer
                                             education that—                                         States.                                                is protected; and
                                                (A) receives funding from the Department;              (b) CONTENT.—                                          (ii) the security of the National Labora-
                                                (B) provides an in-depth assessment of                 (1) IN GENERAL.—The plan developed under             tory facility is maintained.
                                             small- and medium-size manufacturer plant               subsection (a) shall identify areas in which             (3) REPORT.—Not later than 1 year after
                                             sites to evaluate the facilities, services, and         agency actions by the Secretary and other              the date of enactment of this Act, the Sec-
                                             manufacturing operations of the plant site;             heads of relevant Federal agencies would—              retary shall submit to Congress a report de-
                                             and                                                       (A) facilitate quicker development, deploy-          scribing the results of the study.
                                                (C) identifies opportunities for potential           ment, and adoption of smart manufacturing                (b) ACTIONS FOR INCREASED ACCESS.—The
                                             savings for small- and medium-size manufac-             technologies and processes;                            Secretary shall facilitate access to the Na-
                                             turer plant sites from energy efficiency im-              (B) result in greater energy efficiency and          tional Laboratories studied under subsection
                                             provements, waste minimization, pollution               lower environmental impacts for all Amer-              (a) for small and medium manufacturers so
                                             prevention, and productivity improvement.               ican manufacturers; and                                that small and medium manufacturers can
                                                (3) INFORMATION AND COMMUNICATION TECH-                (C) enhance competitiveness and strength-            fully use the high-performance computing
                                             NOLOGY.—The term ‘‘information and com-                 en the manufacturing sectors of the United             resources of the National Laboratories to en-
                                             munication technology’’ means any elec-                 States.                                                hance the manufacturing competitiveness of
                                             tronic system or equipment (including the                 (2) INCLUSIONS.—Agency actions identified            the United States.
                                             content contained in the system or equip-               under paragraph (1) shall include—                     SEC. 1615. STATE MANUFACTURING LEADERSHIP.
                                             ment) used to create, convert, communicate,               (A) an assessment of previous and current              (a) FINANCIAL ASSISTANCE AUTHORIZED.—
                                             or duplicate data or information, including             actions of the Department relating to smart            The Secretary may provide financial assist-
                                             computer hardware, firmware, software,                  manufacturing;                                         ance on a competitive basis to States for the
                                             communication protocols, networks, and                    (B) the establishment of voluntary inter-            establishment of programs to be used as
                                             data interfaces.                                        connection protocols and performance stand-            models for supporting the implementation of
                                                (4) INSTITUTION OF HIGHER EDUCATION.—The             ards;                                                  smart manufacturing technologies.
                                             term ‘‘institution of higher education’’ has              (C) the use of smart manufacturing to im-              (b) APPLICATIONS.—
                                             the meaning given the term in section 101(a)            prove energy efficiency and reduce emissions             (1) IN GENERAL.—To be eligible to receive
                                             of the Higher Education Act of 1965 (20 U.S.C.          in supply chains across multiple companies;            financial assistance under this section, a
                                             1001(a)).                                                 (D) actions to increase cybersecurity in             State shall submit to the Secretary an appli-
                                                (5) NORTH AMERICAN INDUSTRY CLASSIFICA-              smart manufacturing infrastructure;                    cation at such time, in such manner, and
                                             TION SYSTEM.—The term ‘‘North American                    (E) deployment of existing research re-              containing such information as the Sec-
                                                                                                     sults;                                                 retary may require.
                                             Industry Classification System’’ means the
                                                                                                       (F) the leveraging of existing high-per-               (2) CRITERIA.—The Secretary shall evaluate
                                             standard used by Federal statistical agencies
                                                                                                     formance computing infrastructure; and                 an application for financial assistance under
                                             in classifying business establishments for
                                                                                                       (G) consideration of the impact of smart             this section on the basis of merit using cri-
                                             the purpose of collecting, analyzing, and
                                                                                                     manufacturing on existing manufacturing                teria identified by the Secretary, including—
                                             publishing statistical data relating to the
                                                                                                                                                              (A) technical merit, innovation, and im-
                                             business economy of the United States.                  jobs and future manufacturing jobs.
                                                                                                                                                            pact;
                                                (6) SMALL AND MEDIUM MANUFACTURERS.—                   (c) BIENNIAL REVISIONS.—Not later than 2
                                                                                                                                                              (B) research approach, workplan, and
                                             The term ‘‘small and medium manufactur-                 years after the date on which the Secretary
                                                                                                                                                            deliverables;
                                             ers’’ means manufacturing firms—                        completes the plan under subsection (a), and
                                                                                                                                                              (C) academic and private sector partners;
                                                (A) classified in the North American Indus-          not less frequently than once every 2 years
                                                                                                                                                            and
                                             try Classification System as any of sectors             thereafter, the Secretary shall revise the
                                                                                                                                                              (D) alternate sources of funding.
                                             31 through 33;                                          plan to account for advancements in infor-               (c) REQUIREMENTS.—
                                                (B) with gross annual sales of less than             mation and communication technology and                  (1) TERM.—The term of an award of finan-
                                             $100,000,000;                                           manufacturing needs.                                   cial assistance under this section shall not
                                                (C) with fewer than 500 employees at the               (d) REPORT.—Annually until the comple-               exceed 3 years.
                                             plant site; and                                         tion of the plan under subsection (a), the               (2) MAXIMUM AMOUNT.—The amount of an
                                                (D) with annual energy bills totaling more           Secretary shall submit to Congress a report            award of financial assistance under this sec-
                                             than $100,000 and less than $2,500,000.                 on the progress made in developing the plan.           tion shall be not more than $2,000,000.
                                                (7) SMART MANUFACTURING.—The term                      (e) FUNDING.—The Secretary shall use un-               (3) MATCHING REQUIREMENT.—Each State
                                             ‘‘smart manufacturing’’ means advanced                  obligated funds of the Department to carry             that receives financial assistance under this
                                             technologies in information, automation,                out this section.                                      section shall contribute matching funds in
                                             monitoring, computation, sensing, modeling,             SEC. 1613. LEVERAGING EXISTING AGENCY PRO-             an amount equal to not less than 30 percent
                                             artificial intelligence, analytics, and net-                        GRAMS TO ASSIST SMALL AND ME-              of the amount of the financial assistance.
                                             working that—                                                       DIUM MANUFACTURERS.                          (d) USE OF FUNDS.—
                                                (A) digitally—                                         (a) EXPANSION OF TECHNICAL ASSISTANCE                  (1) IN GENERAL.—A State may use financial
                                                (i) simulate manufacturing production                PROGRAMS.—The Secretary shall expand the               assistance provided under this section—
                                             lines;                                                  scope of technologies covered by the Indus-              (A) to facilitate access to high-perform-
                                                (ii) operate computer-controlled manufac-            trial Assessment Centers of the Depart-                ance computing resources for small and me-
                                             turing equipment;                                       ment—                                                  dium manufacturers; and
                                                (iii) monitor and communicate production               (1) to include smart manufacturing tech-               (B) to provide assistance to small and me-
                                             line status; and                                        nologies and practices; and                            dium manufacturers to implement smart
                                                (iv) manage and optimize energy produc-                (2) to equip the directors of the Industrial         manufacturing technologies and practices.
                                             tivity and cost throughout production;                  Assessment Centers with the training and                 (e) EVALUATION.—The Secretary shall con-




dlhill on DSKBBY8HB2PROD with SENATE
                                                (B) model, simulate, and optimize the en-            tools necessary to provide technical assist-           duct semiannual evaluations of each award
                                             ergy efficiency of a factory building;                  ance in smart manufacturing technologies               of financial assistance under this section—
                                                (C) monitor and optimize building energy             and practices, including energy management               (1) to determine the impact and effective-
                                             performance;                                            systems, to manufacturers.                             ness of programs funded with the financial
                                                (D) model, simulate, and optimize the de-              (b) FUNDING.—The Secretary shall use un-             assistance; and
                                             sign of energy efficient and sustainable prod-          obligated funds of the Department to carry               (2) to provide guidance to States on ways
                                             ucts, including the use of digital prototyping          out this section.                                      to better execute the program of the State.




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00050   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1559
                                               (f) AUTHORIZATION.—There is authorized to               (1) ACTIVITIES.—The Secretary shall con-               (A) hydrogen vehicle technologies, includ-
                                             be appropriated to the Secretary to carry               duct a program of basic and applied research,          ing fuel cells, hydrogen storage, infrastruc-
                                             out this section $10,000,000 for each of fiscal         development, engineering, demonstration,               ture, and activities in hydrogen technology
                                             years 2021 through 2024.                                and commercial application activities on               validation and safety codes and standards;
                                             SEC. 1616. REPORT.                                      materials, technologies, and processes with              (B) multiple battery chemistries and novel
                                               The Secretary annually shall submit to                the potential to substantially reduce or               energy storage devices, including nonchem-
                                             Congress and make publicly available a re-              eliminate petroleum use and the emissions              ical batteries and electromechanical storage
                                             port on the progress made in advancing                  of the passenger and commercial vehicles of            technologies such as hydraulics, flywheels,
                                             smart manufacturing in the United States.               the United States, including activities in the         and compressed air storage;
                                                        Subtitle G—Vehicles                          areas of—                                                (C)    communication      and    connectivity
                                             SEC. 1701. OBJECTIVES.                                    (A) electrification of vehicle systems;              among vehicles, infrastructure, and the elec-
                                               The objectives of this subtitle are—                    (B) batteries, ultracapacitors, and other            trical grid; and
                                               (1) to establish a consistent and consoli-            energy storage devices;
                                                                                                                                                              (D) other innovative technologies research
                                             dated authority for the vehicle technology                (C) power electronics;
                                                                                                                                                            and development, as determined by the Sec-
                                             program at the Department;                                (D) vehicle, component, and subsystem
                                                                                                                                                            retary.
                                               (2) to develop United States technologies             manufacturing technologies and processes;
                                                                                                       (E) engine efficiency and combustion opti-             (3) INDUSTRY PARTICIPATION.—
                                             and practices that—                                                                                              (A) IN GENERAL.—To the maximum extent
                                               (A) improve the fuel efficiency and emis-             mization;
                                                                                                       (F) waste heat recovery;                             practicable, activities under this subtitle
                                             sions of all vehicles produced in the United                                                                   shall be carried out in partnership or col-
                                             States; and                                               (G) transmission and drivetrains;
                                                                                                       (H) hydrogen vehicle technologies, includ-           laboration with automotive manufacturers,
                                               (B) reduce vehicle reliance on petroleum-                                                                    heavy commercial, vocational, and transit
                                             based fuels;                                            ing fuel cells and internal combustion en-
                                                                                                     gines, and hydrogen infrastructure, includ-            vehicle manufacturers, qualified plug-in
                                               (3) to support domestic research, develop-                                                                   electric vehicle manufacturers, compressed
                                             ment, engineering, demonstration, and com-              ing hydrogen energy storage to enable re-
                                                                                                     newables and provide hydrogen for fuel and             natural gas vehicle manufacturers, vehicle
                                             mercial application and manufacturing of                                                                       and engine equipment and component manu-
                                             advanced vehicles, engines, and components;             power;
                                                                                                       (I) natural gas vehicle technologies;                facturers, manufacturing equipment manu-
                                               (4) to enable vehicles to move larger vol-                                                                   facturers, advanced vehicle service pro-
                                                                                                       (J) aerodynamics, rolling resistance (in-
                                             umes of goods and more passengers with less                                                                    viders, fuel producers and energy suppliers,
                                                                                                     cluding tires and wheel assemblies), and ac-
                                             energy and emissions;                                                                                          electric utilities, universities, National Lab-
                                                                                                     cessory power loads of vehicles and associ-
                                               (5) to develop cost-effective advanced tech-                                                                 oratories, and independent research labora-
                                                                                                     ated equipment;
                                             nologies for wide-scale utilization through-
                                                                                                       (K) vehicle weight reduction, including              tories.
                                             out the passenger, commercial, government,
                                                                                                     lightweighting materials and the develop-                (B) REQUIREMENTS.—In carrying out this
                                             and transit vehicle sectors;
                                                                                                     ment of manufacturing processes to fab-                subtitle, the Secretary shall—
                                               (6) to allow for greater consumer choice of
                                                                                                     ricate, assemble, and use dissimilar mate-               (i) determine whether a wide range of com-
                                             vehicle technologies and fuels;
                                                                                                     rials;                                                 panies that manufacture or assemble vehi-
                                               (7) shorten technology development and in-              (L) friction and wear reduction;                     cles or components in the United States are
                                             tegration cycles in the vehicle industry;                 (M) engine and component durability;                 represented in ongoing public-private part-
                                               (8) to ensure a proper balance and diversity            (N) innovative propulsion systems;                   nership activities, including firms that have
                                             of Federal investment in vehicle tech-                    (O) advanced boosting systems;                       not traditionally participated in federally
                                             nologies; and                                             (P) hydraulic hybrid technologies;                   sponsored research and development activi-
                                               (9) to strengthen partnerships between                  (Q) engine compatibility with and optimi-            ties, and where possible, partner with such
                                             Federal and State governmental agencies                 zation for a variety of transportation fuels
                                             and the private and academic sectors.                                                                          firms that conduct significant and relevant
                                                                                                     including natural gas and other liquid and             research and development activities in the
                                             SEC. 1702. COORDINATION AND NONDUPLICA-                 gaseous fuels;
                                                        TION.                                                                                               United States;
                                                                                                       (R) predictive engineering, modeling, and              (ii) leverage the capabilities and resources
                                               The Secretary shall ensure, to the max-               simulation of vehicle and transportation sys-
                                             imum extent practicable, that the activities                                                                   of, and formalize partnerships with, indus-
                                                                                                     tems;                                                  try-led stakeholder organizations, nonprofit
                                             authorized by this subtitle do not duplicate              (S) refueling and charging infrastructure
                                             those of other programs within the Depart-                                                                     organizations, industry consortia, and trade
                                                                                                     for alternative fueled and electric or plug-in         associations with expertise in the research
                                             ment or other relevant research agencies.               electric hybrid vehicles, including the
                                             SEC. 1703. AUTHORIZATION OF APPROPRIATIONS.                                                                    and development of, and education and out-
                                                                                                     unique challenges facing rural areas;
                                               There are authorized to be appropriated to                                                                   reach activities in, advanced automotive and
                                                                                                       (T) gaseous fuels storage systems and sys-
                                             the Secretary for research, development, en-                                                                   commercial vehicle technologies;
                                                                                                     tem integration and optimization;
                                             gineering, demonstration, and commercial                                                                         (iii) develop more effective processes for
                                                                                                       (U) sensing, communications, and actu-
                                             application of vehicles and related tech-                                                                      transferring research findings and tech-
                                                                                                     ation technologies for vehicle, electrical
                                             nologies in the United States, including ac-                                                                   nologies to industry;
                                                                                                     grid, and infrastructure;
                                             tivities authorized under this subtitle—                  (V) efficient use, substitution, and recy-             (iv) support public-private partnerships,
                                               (1) for fiscal year 2021, $313,567,000;               cling of potentially critical materials in ve-         dedicated to overcoming barriers in commer-
                                               (2) for fiscal year 2022, $326,109,000;               hicles, including rare earth elements and              cial application of transformational vehicle
                                               (3) for fiscal year 2023, $339,154,000;               precious metals, at risk of supply disruption;         technologies, that use such industry-led
                                               (4) for fiscal year 2024, $352,720,000; and             (W) aftertreatment technologies;                     technology development facilities of entities
                                               (5) for fiscal year 2025, $366,829,000.                 (X) thermal management of battery sys-               with demonstrated expertise in successfully
                                             SEC. 1704. REPORTING.                                   tems;                                                  designing and engineering pre-commercial
                                               (a) TECHNOLOGIES DEVELOPED.—Not later                   (Y) retrofitting advanced vehicle tech-              generations of such transformational tech-
                                             than 18 months after the date of enactment              nologies to existing vehicles;                         nology; and
                                             of this Act and annually thereafter through               (Z) development of common standards,                   (v) promote efforts to ensure that tech-
                                             2025, the Secretary shall submit to Congress            specifications, and architectures for both             nology research, development, engineering,
                                             a report regarding the technologies devel-              transportation and stationary battery appli-           and commercial application activities funded
                                             oped as a result of the activities authorized                                                                  under this subtitle are carried out in the
                                                                                                     cations;
                                             by this subtitle, with a particular emphasis                                                                   United States.
                                                                                                       (AA) advanced internal combustion en-
                                             on whether the technologies were success-                                                                        (4) INTERAGENCY AND INTRAAGENCY COORDI-
                                                                                                     gines;
                                             fully adopted for commercial applications,                                                                     NATION.—To the maximum extent prac-
                                                                                                       (BB) mild hybrid;
                                             and if so, whether products relying on those                                                                   ticable, the Secretary shall coordinate re-
                                             technologies are manufactured in the United               (CC) engine down speeding;
                                                                                                       (DD) vehicle-to-vehicle, vehicle-to-pedes-           search, development, demonstration, and
                                             States.
                                                                                                     trian, and vehicle-to-infrastructure tech-             commercial application activities among—
                                               (b) ADDITIONAL MATTERS.—At the end of
                                             each fiscal year through 2025, the Secretary            nologies; and                                            (A) relevant programs within the Depart-
                                             shall submit to the relevant Congressional                (EE) other research areas as determined by           ment, including—
                                             committees of jurisdiction an annual report             the Secretary.                                           (i) the Office of Energy Efficiency and Re-
                                             describing activities undertaken in the pre-              (2) TRANSFORMATIONAL TECHNOLOGY.—The                 newable Energy;
                                             vious year under this subtitle, active indus-           Secretary shall ensure that the Department               (ii) the Office of Science;




dlhill on DSKBBY8HB2PROD with SENATE
                                             try participants, the status of public-private          continues to support research, development,              (iii) the Office of Electricity Delivery and
                                             partnerships, progress of the program in                engineering, demonstration, and commercial             Energy Reliability;
                                             meeting goals and timelines, and a strategic            application activities and maintains com-                (iv) the Office of Fossil Energy;
                                             plan for funding of activities across agencies.         petency in mid- to long-term trans-                      (v) the Advanced Research Projects Agen-
                                             SEC. 1705. VEHICLE RESEARCH AND DEVELOP-                formational vehicle technologies with poten-           cy—Energy; and
                                                         MENT.                                       tial to achieve reductions in emissions, in-             (vi) other offices as determined by the Sec-
                                               (a) PROGRAM.—                                         cluding activities in the areas of—                    retary; and




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00051   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1560                                             CONGRESSIONAL RECORD — SENATE                                                            March 5, 2020
                                                (B) relevant technology research and de-             turing technologies and practices, including             (24) integration of these and other ad-
                                             velopment programs within other Federal                 innovative processes—                                  vanced systems onto a single truck and trail-
                                             agencies, as determined by the Secretary.                  (1) to increase the production rate and de-         er platform.
                                                (5) FEDERAL DEMONSTRATION OF TECH-                   crease the cost of advanced battery and fuel           SEC. 1707. CLASS 8 TRUCK AND TRAILER SYS-
                                             NOLOGIES.—The Secretary shall make infor-               cell manufacturing;                                                TEMS DEMONSTRATION.
                                             mation available to procurement programs                   (2) to vary the capability of individual              (a) IN GENERAL.—The Secretary shall con-
                                             of Federal agencies regarding the potential             manufacturing facilities to accommodate                duct a competitive grant program to dem-
                                             to demonstrate technologies resulting from              different battery chemistries and configura-           onstrate the integration of multiple ad-
                                             activities funded through programs under                tions;                                                 vanced technologies on Class 8 truck and
                                             this subtitle.                                             (3) to reduce waste streams, emissions, and         trailer platforms, including a combination of
                                                (6) INTERGOVERNMENTAL COORDINATION.—                 energy intensity of vehicle, engine, advanced          technologies listed in section 1706.
                                             The Secretary shall seek opportunities to le-           battery, and component manufacturing proc-               (b) APPLICANT TEAMS.—Applicant teams
                                             verage resources and support initiatives of             esses;                                                 may be comprised of truck and trailer manu-
                                             State and local governments in developing                  (4) to recycle and remanufacture used bat-          facturers, engine and component manufac-
                                             and promoting advanced vehicle tech-                    teries and other vehicle components for                turers, fleet customers, university research-
                                             nologies, manufacturing, and infrastructure.            reuse in vehicles or stationary applications;          ers, and other applicants as appropriate for
                                                (7) CRITERIA.—In awarding grants under                  (5) to develop manufacturing processes to           the development and demonstration of inte-
                                             the program under this subsection, the Sec-             effectively fabricate, assemble, and produce           grated Class 8 truck and trailer systems.
                                             retary shall give priority to those tech-               cost-effective lightweight materials such as           SEC. 1708. TECHNOLOGY TESTING AND METRICS.
                                             nologies (either individually or as part of a           advanced aluminum and other metal alloys,                The Secretary, in coordination with the
                                             system) that—                                           polymeric composites, and carbon fiber for             partners of the interagency research pro-
                                                (A) provide the greatest aggregate fuel sav-         use in vehicles;                                       gram described in section 1706—
                                             ings based on the reasonable projected sales               (6) to produce lightweight high pressure              (1) shall develop standard testing proce-
                                             volumes of the technology; and                          storage systems for gaseous fuels;                     dures and technologies for evaluating the
                                                (B) provide the greatest increase in United             (7) to design and manufacture purpose-              performance of advanced heavy vehicle tech-
                                             States employment.                                      built hydrogen fuel cell vehicles and compo-
                                                (8) SECONDARY USE APPLICATIONS.—                                                                            nologies under a range of representative
                                                                                                     nents;                                                 duty cycles and operating conditions, includ-
                                                (A) IN GENERAL.—The Secretary shall carry               (8) to improve the calendar life and cycle
                                             out a research, development, and demonstra-                                                                    ing for heavy hybrid propulsion systems;
                                                                                                     life of advanced batteries; and                          (2) shall evaluate heavy vehicle perform-
                                             tion program that—                                         (9) to produce permanent magnets for ad-
                                                (i) builds on any work carried out under                                                                    ance using work performance-based metrics
                                                                                                     vanced vehicles.                                       other than those based on miles per gallon,
                                             section 915 of the Energy Policy Act of 2005
                                             (42 U.S.C. 16195);                                      SEC. 1706. MEDIUM- AND HEAVY-DUTY COMMER-              including those based on units of volume and
                                                (ii) identifies possible uses of a vehicle bat-                  CIAL AND TRANSIT VEHICLES PRO-             weight transported for freight applications,
                                             tery after the useful life of the battery in a                      GRAM.                                      and appropriate metrics based on the work
                                             vehicle has been exhausted;                                                                                    performed by nonroad systems; and
                                                                                                       The Secretary, in partnership with rel-                (3) may construct heavy duty truck and
                                                (iii) conducts long-term testing to verify           evant research and development programs in
                                             performance and degradation predictions and                                                                    bus testing facilities.
                                                                                                     other Federal agencies, and a range of appro-          SEC. 1709. NONROAD SYSTEMS PILOT PROGRAM.
                                             lifetime valuations for secondary uses;
                                                                                                     priate industry stakeholders, shall carry out
                                                (iv) evaluates innovative approaches to re-                                                                   The Secretary shall undertake a pilot pro-
                                                                                                     a program of cooperative research, develop-            gram of research, development, demonstra-
                                             cycling materials from plug-in electric drive
                                             vehicles and the batteries used in plug-in              ment, demonstration, and commercial appli-             tion, and commercial applications of tech-
                                             electric drive vehicles;                                cation activities on advanced technologies             nologies to improve total machine or system
                                                (v)(I) assesses the potential for markets for        for medium- to heavy-duty commercial, vo-              efficiency for nonroad mobile equipment in-
                                             uses described in clause (ii) to develop; and           cational, recreational, and transit vehicles,          cluding agricultural, construction, air, and
                                                (II) identifies any barriers to the develop-         including activities in the areas of—                  sea port equipment, and shall seek opportu-
                                             ment of those markets; and                                (1) engine efficiency and combustion re-             nities to transfer relevant research findings
                                                (vi) identifies the potential uses of a vehi-        search;                                                and technologies between the nonroad and
                                             cle battery—                                              (2) onboard storage technologies for com-            on-highway equipment and vehicle sectors.
                                                (I) with the most promise for market de-             pressed and liquefied natural gas;                     SEC. 1710. REPEAL OF EXISTING AUTHORITIES.
                                             velopment; and                                            (3) development and integration of engine              (a) IN GENERAL.—Sections 706, 711, 712, and
                                                (II) for which market development would              technologies designed for natural gas oper-            933 of the Energy Policy Act of 2005 (42 U.S.C.
                                             be aided by a demonstration project.                    ation of a variety of vehicle platforms;               16051, 16061, 16062, 16233) are repealed.
                                                (B) REPORT.—Not later than 1 year after                (4) waste heat recovery and conversion;                (b) ENERGY EFFICIENCY.—Section 911 of the
                                             the date of enactment of this Act, the Sec-               (5) improved aerodynamics and tire rolling           Energy Policy Act of 2005 (42 U.S.C. 16191) is
                                             retary shall submit to the appropriate com-             resistance;                                            amended—
                                             mittees of Congress an initial report on the              (6) energy and space-efficient emissions               (1) in subsection (a)—
                                             findings of the program described in subpara-           control systems;                                         (A) in paragraph (1)(A), by striking ‘‘vehi-
                                             graph (A), including recommendations for                  (7) mild hybrid, heavy hybrid, hybrid hy-            cles, buildings,’’ and inserting ‘‘buildings’’;
                                             stationary energy storage and other poten-              draulic, plug-in hybrid, and electric plat-            and
                                             tial applications for batteries used in plug-in         forms, and energy storage technologies;                  (B) in paragraph (2)—
                                             electric drive vehicles.                                  (8) drivetrain optimization;                           (i) by striking subparagraph (A); and
                                                (C) SECONDARY USE DEMONSTRATION.—                      (9) friction and wear reduction;                       (ii) by redesignating subparagraphs (B)
                                                (i) IN GENERAL.—Based on the results of the            (10) engine idle and parasitic energy loss           through (E) as subparagraphs (A) through
                                             program described in subparagraph (A), the              reduction;                                             (D), respectively; and
                                             Secretary shall develop guidelines for                    (11) electrification of accessory loads;               (2) in subsection (c)—
                                             projects that demonstrate the secondary                   (12) onboard sensing and communications                (A) by striking paragraph (3);
                                             uses and innovative recycling of vehicle bat-           technologies;                                            (B) by redesignating paragraph (4) as para-
                                             teries.                                                   (13) advanced lightweighting materials and           graph (3); and
                                                (ii) PUBLICATION OF GUIDELINES.—Not later            vehicle designs;                                         (C) in paragraph (3) (as so redesignated), by
                                             than 18 months after the date of enactment                (14) increasing load capacity per vehicle;           striking ‘‘(a)(2)(D)’’ and inserting ‘‘(a)(2)(C)’’.
                                             of this Act, the Secretary shall—                         (15) thermal management of battery sys-
                                                                                                     tems;                                                         Subtitle H—Department of Energy
                                                (I) publish the guidelines described in
                                             clause (i); and                                           (16) recharging infrastructure;                      SEC. 1801. VETERANS’ HEALTH INITIATIVE.
                                                (II) solicit applications for funding for              (17) compressed natural gas infrastructure;            (a) PURPOSES.—The purposes of this section
                                             demonstration projects.                                   (18) advanced internal combustion engines;           are to advance Department expertise in arti-
                                                (iii) PILOT DEMONSTRATION PROGRAM.—Not                 (19) complete vehicle and power pack mod-            ficial intelligence and high-performance
                                             later than 21 months after the date of enact-           eling, simulation, and testing;                        computing in order to improve health out-
                                             ment of this Act, the Secretary shall select              (20) hydrogen vehicle technologies, includ-          comes for veteran populations by—
                                             proposals for grant funding under this sub-             ing fuel cells and internal combustion en-               (1) supporting basic research through the
                                             section, based on an assessment of which                gines, and hydrogen infrastructure, includ-            application of artificial intelligence, high-




dlhill on DSKBBY8HB2PROD with SENATE
                                             proposals are mostly likely to contribute to            ing hydrogen energy storage to enable re-              performance computing, modeling and sim-
                                             the development of a secondary market for               newables and provide hydrogen for fuel and             ulation, machine learning, and large-scale
                                             batteries.                                              power;                                                 data analytics to identify and solve out-
                                                (b) MANUFACTURING.—The Secretary shall                 (21) retrofitting advanced technologies              come-defined challenges in the health
                                             carry out a research, development, engineer-            onto existing truck fleets;                            sciences;
                                             ing, demonstration, and commercial applica-               (22) advanced boosting systems;                        (2) maximizing the impact of the Depart-
                                             tion program of advanced vehicle manufac-                 (23) engine down speeding; and                       ment of Veterans Affairs’ health and




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00052   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                    S1561
                                             genomics data housed at the National Lab-               fairs, and that access to data is provided in            ‘‘(C) The exportation of natural gas to a
                                             oratories, as well as data from other sources,          accordance with relevant Department of Vet-            nation with which there is in effect a free
                                             on science, innovation, and health care out-            erans Affairs data access policies, including          trade agreement requiring national treat-
                                             comes through the use and advancement of                informed consent.                                      ment for trade in natural gas.
                                             artificial intelligence and high-performance              (4) REPORT.—Not later than 2 years after               ‘‘(2) EXCLUSION.—Subparagraphs (B) and
                                             computing capabilities of the Department;               the date of enactment of this Act, the Sec-            (C) of paragraph (1) shall not apply to any
                                               (3)   promoting     collaborative   research          retary shall submit to the Committee on En-            nation subject to sanctions imposed by the
                                             through the establishment of partnerships to            ergy and Natural Resources and the Com-                United States.’’.
                                             improve data sharing between Federal agen-              mittee on Veterans’ Affairs of the Senate,             SEC. 1803. APPALACHIAN ENERGY FOR NATIONAL
                                             cies, National Laboratories, institutions of            and the Committee on Science, Space, and                            SECURITY.
                                             higher education, and nonprofit institutions;           Technology and the Committee on Veterans’                (a) STUDY ON BUILDING ETHANE AND OTHER
                                               (4) establishing multiple scientific com-             Affairs of the House of Representatives, a re-         NATURAL-GAS-LIQUIDS-RELATED          PETRO-
                                             puting user facilities to house and provision           port detailing the effectiveness of—                   CHEMICAL INFRASTRUCTURE.—
                                             available data to foster transformational                 (A) the interagency coordination between               (1) IN GENERAL.—Not later than 1 year after
                                             outcomes; and                                           each Federal agency involved in the research           the date of enactment of this Act, the Sec-
                                               (5) driving the development of technology             program carried out under this subsection;             retary, in consultation with the Secretary of
                                             to improve artificial intelligence, high-per-             (B) collaborative research achievements of           Defense, the Secretary of the Treasury, and
                                             formance computing, and networking rel-                 the program; and                                       the heads of other relevant Federal depart-
                                             evant to mission applications of the Depart-              (C) potential opportunities to expand the            ments and agencies and stakeholders, shall
                                             ment, including modeling, simulation, ma-               technical capabilities of the Department.              conduct a study assessing the potential na-
                                             chine learning, and advanced data analytics.              (5) FUNDING.—There is authorized to be ap-           tional and economic security impacts of
                                               (b) VETERANS HEALTH RESEARCH AND DE-                  propriated to the Secretary of Veterans Af-            building ethane and other natural-gas-liq-
                                             VELOPMENT.—                                             fairs to carry out this subsection $27,000,000         uids-related petrochemical infrastructure in
                                               (1) IN GENERAL.—The Secretary shall estab-            during the period of fiscal years 2021 through         the geographical vicinity of the Marcellus,
                                             lish and carry out a research program in ar-            2025.                                                  Utica, and Rogersville shale plays in the
                                             tificial intelligence and high-performance                (c) INTERAGENCY COLLABORATION.—                      United States.
                                             computing, focused on the development of                  (1) IN GENERAL.—The Secretary is author-               (2) CONTENTS.—The study conducted under
                                             tools to solve large-scale data analytics and           ized to carry out research, development, and           paragraph (1) shall include—
                                             management challenges associated with vet-              demonstration activities to develop tools to             (A) the identification of potential benefits
                                             eran’s healthcare, and to support the efforts           apply to big data that enable Federal agen-            of the proposed infrastructure to national
                                             of the Department of Veterans Affairs to                cies, institutions of higher education, non-           and economic security, including the identi-
                                             identify potential health risks and chal-               profit research organizations, and industry            fication of potential risks to national and
                                             lenges     utilizing   data    on   long-term           to better leverage the capabilities of the De-         economic security of significant foreign own-
                                             healthcare, health risks, and genomic data              partment to solve complex, big data chal-              ership and control of United States domestic
                                             collected from veteran populations. The Sec-            lenges. The Secretary shall carry out these            petrochemical resources; and
                                             retary shall carry out this program through             activities through a competitive, merit-re-              (B) an examination of, with respect to the
                                             a competitive, merit-reviewed process, and              viewed process, and consider applications              proposed infrastructure—
                                             consider applications from National Labora-             from National Laboratories, institutions of              (i) types of additional infrastructure need-
                                             tories, institutions of higher education,               higher education, multi-institutional col-             ed to fully optimize the potential national
                                             multi-institutional collaborations, and other           laborations, and other appropriate entities.           security benefits;
                                             appropriate entities.                                     (2) ACTIVITIES.—In carrying out the re-                (ii) whether geopolitical diversity in areas
                                               (2) PROGRAM COMPONENTS.—In carrying out               search, development, and demonstration ac-             to which the ethane and other natural gas
                                             the program established under paragraph (1),            tivities authorized under paragraph (1), the           liquids will be exported from the producing
                                             the Secretary may—                                      Secretary may—                                         region would undermine or bolster national
                                               (A) conduct basic research in modeling and              (A) utilize all available mechanisms to pre-         security;
                                             simulation, machine learning, large-scale               vent duplication and coordinate research ef-             (iii) the necessity of evaluating the public
                                             data analytics, and predictive analysis in              forts across the Department;                           interest with respect to exports of ethane,
                                             order to develop novel or optimized algo-                 (B) establish multiple user facilities to            propane, butane, and other natural gas liq-
                                             rithms for prediction of disease treatment              serve as data enclaves capable of securely             uids, to ensure the potential strategic na-
                                             and recovery;                                           storing data sets created by Federal agen-             tional and economic security benefits are
                                               (B) develop methods to accommodate large              cies, institutions of higher education, non-           preserved within the United States; and
                                             data sets with variable quality and scale,              profit organizations, or industry at National            (iv) the potential benefits, with respect to
                                             and to provide insight and models for com-              Laboratories; and                                      significant weather impacts, compared to
                                             plex systems;                                             (C) promote collaboration and data sharing           other regions, of locating the proposed infra-
                                               (C) develop new approaches and maximize               between National Laboratories, research en-            structure in the geographical vicinity of the
                                             the use of algorithms developed through ar-             tities, and user facilities of the Department          Marcellus, Utica, and Rogersville shale
                                             tificial intelligence, machine learning, data           by providing the necessary access and secure           plays.
                                             analytics, natural language processing, mod-            data transfer capabilities.                              (b) REPORTS.—
                                             eling and simulation, and develop new algo-               (3) REPORT.—Not later than 2 years after               (1) STATUS REPORTS.—Prior to completion
                                             rithms suitable for high-performance com-               the date of enactment of this Act, the Sec-            of the study under subsection (a), the Com-
                                             puting systems and large biomedical data                retary shall submit to the Committee on En-            mittees on Energy and Natural Resources
                                             sets;                                                   ergy and Natural Resources of the Senate               and Armed Services of the Senate and the
                                               (D) advance existing and construct new                and the Committee on Science, Space, and               Committees on Energy and Commerce and
                                             data enclaves capable of securely storing               Technology of the House of Representatives             Armed Services of the House of Representa-
                                             data sets provided by the Department of Vet-            a report evaluating the effectiveness of the           tives, from time to time, may request and re-
                                             erans Affairs, Department of Defense, and               activities authorized under paragraph (1).             ceive from the Secretary status reports with
                                             other sources; and                                        (4) FUNDING.—There are authorized to be              respect to the study, including any findings.
                                               (E) promote collaboration and data sharing            appropriated to the Secretary to carry out               (2) SUBMISSION AND PUBLICATION OF RE-
                                             between National Laboratories, research en-             this subsection $15,000,000 for each of fiscal         PORT.—On completion of the study under
                                             tities, and user facilities of the Department           years 2021 through 2025.                               subsection (a), the Secretary shall—
                                             by providing the necessary access and secure            SEC. 1802. SMALL SCALE LNG ACCESS.                       (A) submit to the Committees on Energy
                                             data transfer capabilities.                               Section 3 of the Natural Gas Act (15 U.S.C.          and Natural Resources and Armed Services
                                               (3) COORDINATION.—In carrying out the pro-            717b) is amended by striking subsection (c)            of the Senate and the Committees on Energy
                                             gram established under paragraph (1), the               and inserting the following:                           and Commerce and Armed Services of the
                                             Secretary is authorized—                                  ‘‘(c) EXPEDITED APPLICATION AND APPROVAL             House of Representatives a report describing
                                               (A) to enter into memoranda of under-                 PROCESS.—                                              the results of the study; and
                                             standing in order to carry out reimbursable               ‘‘(1) IN GENERAL.—For purposes of sub-                 (B) publish the report on the website of the
                                             agreements with the Department of Veterans              section (a), the following shall be deemed to          Department.
                                             Affairs and other entities in order to maxi-            be consistent with the public interest, and            SEC. 1804. ENERGY AND WATER FOR SUSTAIN-
                                             mize the effectiveness of Department re-                applications for such importation or expor-                        ABILITY.
                                             search and development to improve veterans’             tation shall be granted without modification             (a) NEXUS OF ENERGY AND WATER FOR SUS-




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




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00053   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1562                                             CONGRESSIONAL RECORD — SENATE                                                         March 5, 2020
                                               (ii) the energy needed to transport, re-              nities that support basic and applied RD&D               (B) EFFECT.—The termination of authority
                                             claim, and treat water and wastewater.                  proposals to advance energy-water nexus re-            under subparagraph (A) shall not affect on-
                                               (B)    INTERAGENCY      COORDINATION   COM-           lated science and technologies;                        going interagency planning, coordination, or
                                             MITTEE.—The term ‘‘Interagency Coordina-                  (bb) to leverage existing programs by en-            other activities relating to the energy-water
                                             tion Committee’’ means the Committee on                 couraging joint solicitations, block grants,           nexus.
                                             the Nexus of Energy and Water for Sustain-              and matching programs with non-Federal en-               (b) INTEGRATING ENERGY AND WATER RE-
                                             ability (or the ‘‘NEWS Committee’’) estab-              tities; and                                            SEARCH.—The      Secretary shall integrate
                                             lished under paragraph (2)(A).                            (cc) to identify opportunities for domestic          water considerations into energy research,
                                               (C) NEXUS OF ENERGY AND WATER SUSTAIN-                and international public-private partner-              development, and demonstration programs
                                             ABILITY OFFICE; NEWS OFFICE.—The term                   ships, innovative financing mechanisms, and            and projects of the Department by—
                                             ‘‘Nexus of Energy and Water Sustainability              information and data exchange;                           (1) advancing energy and energy efficiency
                                             Office’’ or the ‘‘NEWS Office’’ means an of-              (v) promote the integration of energy-               technologies and practices that meet the ob-
                                             fice located at the Department and managed              water nexus considerations into existing               jectives of—
                                             in cooperation with the Department of the               Federal water, energy, and other natural re-             (A) minimizing freshwater withdrawal and
                                             Interior pursuant to an agreement between               source, infrastructure, and science programs           consumption;
                                             the 2 agencies to carry out leadership and              at the national and regional levels and with             (B) increasing water use efficiency; and
                                             administrative functions for the Interagency            programs administered in partnership with                (C) utilizing nontraditional water sources;
                                             Coordination Committee.                                 non-Federal entities; and                                (2) considering the effects climate varia-
                                               (D) RD&D.—The term ‘‘RD&D’’ means re-                   (vi) not later than 1 year after the date of         bility may have on water supplies and qual-
                                             search, development, and demonstration.                 enactment of this Act, issue a report on the           ity for energy generation and fuel produc-
                                               (2)    INTERAGENCY     COORDINATION    COM-           potential benefits and feasibility of estab-           tion; and
                                             MITTEE.—                                                lishing an energy-water center of excellence             (3) improving understanding of the energy-
                                               (A) ESTABLISHMENT.—Not later than 180                 within the National Laboratories.                      water nexus (as defined in subsection (a)(1)).
                                             days after the date of enactment of this Act,             (D) NO REGULATION.—Nothing in this para-               (c) SMART ENERGY AND WATER EFFICIENCY
                                             the Secretary and the Secretary of the Inte-            graph grants to the Interagency Coordina-              PILOT PROGRAM.—
                                             rior shall establish the joint NEWS Office              tion Committee the authority to promulgate               (1) IN GENERAL.—Subtitle A of title IX of
                                             and Interagency Coordination Committee on               regulations or set standards.                          the Energy Policy Act of 2005 (42 U.S.C. 16191
                                             the Nexus of Energy and Water for Sustain-                (E) ADDITIONAL PARTICIPATION.—In devel-              et seq.) is amended by adding at the end the
                                             ability (or the ‘‘NEWS Committee’’) to carry            oping the strategic plan described in sub-             following:
                                             out the duties described in subparagraph (C).           paragraph (C)(ii), the Secretary shall consult
                                                                                                                                                            ‘‘SEC. 918. SMART ENERGY AND WATER EFFI-
                                               (B) ADMINISTRATION.—                                  and coordinate with a diverse group of rep-
                                                                                                                                                                         CIENCY PILOT PROGRAM.
                                               (i) CHAIRS.—The Secretary and the Sec-                resentatives from research and academic in-
                                             retary of the Interior shall jointly manage             stitutions, industry, public utility commis-             ‘‘(a) DEFINITIONS.—In this section:
                                             the NEWS Office and serve as co-chairs of               sions, and State and local governments that              ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible
                                             the Interagency Coordination Committee.                 have expertise in technologies and practices           entity’ means—
                                               (ii) MEMBERSHIP; STAFFING.—Membership                 relating to the energy-water nexus.                      ‘‘(A) a utility;
                                             and staffing shall be determined by the co-               (F) REVIEW; REPORT.—At the end of the 5-               ‘‘(B) a municipality;
                                             chairs.                                                 year period beginning on the date on which               ‘‘(C) a water district;
                                               (C) DUTIES.—The Interagency Coordination              the Interagency Coordination Committee                   ‘‘(D) an Indian tribe or Alaska Native vil-
                                             Committee shall—                                        and NEWS Office are established, the NEWS              lage; and
                                               (i) serve as a forum for developing common            Office shall—                                            ‘‘(E) any other authority that provides
                                             Federal goals and plans on energy-water                   (i) review the activities, relevance, and ef-        water, wastewater, or water reuse services.
                                             nexus RD&D activities in coordination with              fectiveness of the Interagency Coordination              ‘‘(2) SMART ENERGY AND WATER EFFICIENCY
                                             the National Science and Technology Coun-               Committee; and                                         PILOT PROGRAM.—The term ‘smart energy
                                             cil;                                                      (ii) submit to the Committee on Energy               and water efficiency pilot program’ or ‘pilot
                                               (ii) not later than 1 year after the date of          and Natural Resources of the Senate and the            program’ means the pilot program estab-
                                             enactment of this Act, and biennially there-            Committees on Science, Space, and Tech-                lished under subsection (b).
                                             after, issue a strategic plan on energy-water           nology, Energy and Commerce, and Natural                 ‘‘(b) SMART ENERGY AND WATER EFFICIENCY
                                             nexus RD&D activities priorities and objec-             Resources of the House of Representatives a            PILOT PROGRAM.—
                                             tives;                                                  report that—                                             ‘‘(1) IN GENERAL.—The Secretary shall es-
                                               (iii) convene and promote coordination of               (I) describes the results of the review con-         tablish and carry out a smart energy and
                                             the activities of Federal departments and               ducted under clause (i); and                           water efficiency pilot program in accordance
                                             agencies on energy-water nexus RD&D ac-                   (II) includes a recommendation on whether            with this section.
                                             tivities, including the activities of—                  the Interagency Coordination Committee                   ‘‘(2) PURPOSE.—The purpose of the smart
                                               (I) the Department;                                   should continue.                                       energy and water efficiency pilot program is
                                               (II) the Department of the Interior;                    (3) CROSSCUT BUDGET.—Not later than 30               to award grants to eligible entities to dem-
                                               (III) the Corps of Engineers;                         days after the President submits the budget            onstrate unique, advanced, or innovative
                                               (IV) the Department of Agriculture;                   of the United States Government under sec-             technology-based solutions that will—
                                               (V) the Department of Defense;                        tion 1105 of title 31, United States Code, the           ‘‘(A) improve the net energy balance of
                                               (VI) the Department of State;                         co-chairs of the Interagency Coordination              water, wastewater, and water reuse systems;
                                               (VII) the Environmental Protection Agen-              Committee (acting through the NEWS Of-                   ‘‘(B) improve the net energy balance of
                                             cy;                                                     fice) shall submit to the Committee on En-             water, wastewater, and water reuse systems
                                               (VIII) the Council on Environmental Qual-             ergy and Natural Resources of the Senate               to help communities across the United
                                             ity;                                                    and the Committees on Science, Space, and              States make measurable progress in con-
                                               (IX) the National Institute of Standards              Technology, Energy and Commerce, and Nat-              serving water, saving energy, and reducing
                                             and Technology;                                         ural Resources of the House of Representa-             costs;
                                               (X) the National Oceanic and Atmospheric              tives, an interagency budget crosscut report             ‘‘(C) support the implementation of inno-
                                             Administration;                                         that displays at the program-, project-, and           vative and unique processes and the installa-
                                               (XI) the National Science Foundation;                 activity-level for each of the Federal agen-           tion of established advanced automated sys-
                                               (XII) the Office of Management and Budg-              cies that carry out or support (including              tems that provide real-time data on energy
                                             et;                                                     through grants, contracts, interagency and             and water; and
                                               (XIII) the Office of Science and Technology           intraagency transfers, and multiyear and no-             ‘‘(D) improve energy-water conservation
                                             Policy;                                                 year funds) basic and applied RD&D activi-             and quality and predictive maintenance
                                               (XIV) the National Aeronautics and Space              ties to advance the energy-water nexus re-             through technologies that utilize internet
                                             Administration; and                                     lated science and technologies—                        connected technologies, including sensors,
                                               (XV) such other Federal departments and                 (A) the budget proposed in the budget re-            intelligent gateways, and security embedded
                                             agencies as the Interagency Coordination                quest of the President for the upcoming fis-           in hardware.
                                             Committee considers appropriate;                        cal year;                                                ‘‘(3) PROJECT SELECTION.—
                                               (iv)(I) coordinate and develop capabilities             (B) expenditures and obligations for the               ‘‘(A) IN GENERAL.—The Secretary shall
                                             and methodologies for data collection, man-             prior fiscal year; and                                 make competitive, merit-reviewed grants
                                             agement, and dissemination of information                 (C) estimated expenditures and obligations           under the pilot program to not less than 3,




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




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00054   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1563
                                               ‘‘(iii) the degree to which the project inte-           ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—              Department, National Laboratories, the
                                             grates next-generation sensors software,                There is authorized to be appropriated to the          Technology Transfer Working Group estab-
                                             analytics, and management tools;                        Secretary to carry out this section                    lished under subsection (b), the Technology
                                               ‘‘(iv) the anticipated cost-effectiveness of          $15,000,000, to remain available until ex-             Transfer Policy Board, and other stake-
                                             the pilot project through measurable energy             pended.’’.                                             holders (including private industry).’’;
                                             savings, water savings or reuse, and infra-               (2) CONFORMING AMENDMENT.—The table of                 (4) by redesignating subsections (d)
                                             structure costs averted;                                contents of the Energy Policy Act of 2005              through (h) as subsections (b) through (f), re-
                                               ‘‘(v) whether the technology can be de-               (Public Law 109–58; 119 Stat. 594) is amended          spectively; and
                                             ployed in a variety of geographic regions and           by inserting after the item relating to sec-             (5) in subsection (f) (as so redesignated), by
                                             the degree to which the technology can be               tion 917 the following:                                striking ‘‘subsection (e)’’ and inserting ‘‘sub-
                                             implemented in a wide range of applications             ‘‘Sec. 918. Smart energy and water efficiency          section (c)’’.
                                             ranging in scale from small towns to large                            pilot program.’’.                          (b) REVIEW OF APPLIED ENERGY PRO-
                                             cities, including tribal communities;                   SEC. 1805. TECHNOLOGY TRANSITIONS.                     GRAMS.—
                                               ‘‘(vi) whether the technology has been suc-             (a) OFFICE OF TECHNOLOGY TRANSITIONS.—                 (1) IN GENERAL.—Not later than 1 year after
                                             cessfully deployed elsewhere;                           Section 1001 of the Energy Policy Act of 2005          the date of enactment of this Act, the Sec-
                                               ‘‘(vii) whether the technology was sourced            (42 U.S.C. 16391) is amended—                          retary shall conduct a review of all applied
                                             from a manufacturer based in the United                   (1) by striking subsection (a) and all that          energy research and development programs
                                             States; and                                             follows through ‘‘The Coordinator’’ in sub-            under the Department that focus on re-
                                               ‘‘(viii) whether the project will be com-             section (b) and inserting the following:               searching and developing technologies that
                                             pleted in 5 years or less.                                ‘‘(a) OFFICE OF TECHNOLOGY TRANSITIONS.—             reduce emissions.
                                               ‘‘(C) APPLICATIONS.—                                    ‘‘(1) ESTABLISHMENT.—There is established              (2) REQUIREMENTS.—In conducting the re-
                                               ‘‘(i) IN GENERAL.—Subject to clause (ii), an          within the Department an Office of Tech-               view under paragraph (1), the Secretary
                                             eligible entity seeking a grant under the               nology Transitions (referred to in this sec-           shall—
                                             pilot program shall submit to the Secretary             tion as the ‘Office’).                                   (A) identify each program described in that
                                             an application at such time, in such manner,              ‘‘(2) MISSION.—The mission of the Office             paragraph the mission of which is to re-
                                             and containing such information as the Sec-             shall be—                                              search and develop technologies that reduce
                                             retary determines to be necessary.                        ‘‘(A) to expand the commercial impact of             emissions;
                                               ‘‘(ii) CONTENTS.—An application under                 the research investments of the Department;              (B) determine the type of services provided
                                             clause (i) shall, at a minimum, include—                and                                                    by each program identified under subpara-
                                               ‘‘(I) a description of the project;                     ‘‘(B) to focus on commercializing tech-              graph (A), such as grants and technical as-
                                               ‘‘(II) a description of the technology to be          nologies that reduce greenhouse gas emis-              sistance;
                                             used in the project;                                    sions and technologies that support other                (C) determine whether there are written
                                               ‘‘(III) the anticipated results, including en-        missions of the Department.                            program goals for each program identified
                                             ergy and water savings, of the project;                   ‘‘(3) GOALS.—                                        under subparagraph (A);
                                               ‘‘(IV) a comprehensive budget for the                   ‘‘(A) IN GENERAL.—In carrying out the mis-             (D) examine the extent to which the pro-
                                             project;                                                sion and activities of the Office, the Chief           grams identified under subparagraph (A)
                                               ‘‘(V) the names of the project lead organi-           Commercialization Officer appointed under              overlap or are duplicative; and
                                             zation and any partners;                                paragraph (4) shall, with respect to commer-             (E) develop recommendations—
                                               ‘‘(VI) the number of users to be served by            cialization activities, meet not less than two           (i) as to how any overlapping or duplica-
                                             the project;                                            of the goals described in subparagraph (B)             tive programs identified under subparagraph
                                               ‘‘(VII) a description of the ways in which            and, to the maximum extent practicable,                (D) should be restructured or consolidated,
                                             the proposal would meet performance meas-               meet all of the goals described in that sub-           including by any necessary legislation;
                                             ures established by the Secretary; and                  paragraph.                                               (ii) as to how to identify technologies de-
                                               ‘‘(VIII) any other information that the                 ‘‘(B) GOALS DESCRIBED.—The goals referred            scribed in subparagraph (A) that—
                                             Secretary determines to be necessary to                 to in subparagraph (A) are the following:                (I) are not served by a single program of-
                                             complete the review and selection of a grant              ‘‘(i) Reduction of greenhouse gas emis-              fice at the Department; or
                                             recipient.                                              sions.                                                   (II) the research and development of which
                                               ‘‘(4) ADMINISTRATION.—                                  ‘‘(ii) Ensuring economic competitiveness.            may require collaboration with other Fed-
                                               ‘‘(A) IN GENERAL.—Not later than 1 year                 ‘‘(iii) Enhancement of domestic energy se-           eral agencies; and
                                             after the date of enactment of this section,            curity and national security.                            (iii) for methods to improve the programs
                                             the Secretary shall select grant recipients               ‘‘(iv) Enhancement of domestic jobs.                 identified under subparagraph (A), including
                                             under this section.                                       ‘‘(v) Any other missions of the Depart-              by establishing program goals, assessing
                                               ‘‘(B) EVALUATIONS.—                                   ment, as determined by the Secretary.                  workforce considerations and technical
                                               ‘‘(i) ANNUAL EVALUATIONS.—The Secretary                 ‘‘(4) CHIEF COMMERCIALIZATION OFFICER.—              skills, or increasing collaboration with other
                                             shall annually carry out an evaluation of                 ‘‘(A) IN GENERAL.—The Office shall be head-          Federal agencies and stakeholders (including
                                             each project for which a grant is provided              ed by an officer, who shall be known as the            private industry).
                                             under this section that meets performance               ‘Chief Commercialization Officer’, and who               (3) REPORT.—Not later than 60 days after
                                             measures and benchmarks developed by the                shall report directly to, and be appointed by,         the Secretary completes the review under
                                             Secretary, consistent with the purposes of              the Secretary.                                         paragraph (1), the Secretary shall submit to
                                             this section.                                             ‘‘(B) PRINCIPAL ADVISOR.—The Chief Com-              the Committee on Energy and Natural Re-
                                               ‘‘(ii) REQUIREMENTS.—Consistent with the              mercialization Officer shall be the principal          sources of the Senate and the Committees on
                                             performance measures and benchmarks de-                 advisor to the Secretary on all matters re-            Science, Space, and Technology and Energy
                                             veloped under clause (i), in carrying out an            lating to technology transfer and commer-              and Commerce of the House of Representa-
                                             evaluation under that clause, the Secretary             cialization.                                           tives a report describing the results of and
                                             shall—                                                    ‘‘(C) QUALIFICATIONS.—The Chief Commer-              the recommendations developed under the
                                               ‘‘(I) evaluate the progress and impact of             cialization Officer’’;                                 review.
                                             the project; and                                          (2) in subsection (c)—                               SEC.   1806.    ENERGY TECHNOLOGY COMMER-
                                               ‘‘(II) assesses the degree to which the                 (A) in paragraph (1), by striking ‘‘sub-                            CIALIZATION FUND COST-SHARING.
                                             project is meeting the goals of the pilot pro-          section (d)’’ and inserting ‘‘subsection (b)’’;          Section 1001 of the Energy Policy Act of
                                             gram.                                                     (B) by redesignating paragraphs (1)                  2005 (42 U.S.C. 16391) is amended in sub-
                                               ‘‘(C) TECHNICAL AND POLICY ASSISTANCE.—               through (4) as clauses (i) through (iv), respec-       section (c) (as redesignated by section
                                             On the request of a grant recipient, the Sec-           tively, and indenting appropriately; and               1805(a)(4))—
                                             retary shall provide technical and policy as-             (C) by striking the subsection designation             (1) in the subsection heading, by inserting
                                             sistance.                                               and heading and all that follows through               ‘‘ENERGY’’ before ‘‘TECHNOLOGY’’; and
                                               ‘‘(D) BEST PRACTICES.—The Secretary shall             ‘‘The Coordinator’’ in the matter preceding              (2) by striking ‘‘matching funds with pri-
                                             make available to the public through the                clause (i) (as so redesignated) and inserting          vate partners’’ and inserting ‘‘, in accord-
                                             Internet and other means the Secretary con-             the following:                                         ance with the cost-sharing requirements
                                             siders to be appropriate—                                 ‘‘(D) DUTIES.—The Chief Commercializa-               under section 988, funds to private partners,
                                               ‘‘(i) a copy of each evaluation carried out           tion Officer’’;                                        including National Laboratories,’’.
                                             under subparagraph (B); and                               (3) by adding at the end of subsection (a)           SEC. 1807. STATE LOAN ELIGIBILITY.




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




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00055   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1564                                               CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                               ‘‘(7)   STATE     ENERGY     FINANCING      INSTITU-       ‘‘(1) IN GENERAL.—In carrying’’; and                   (2) in subsection (o)(4)(B), by striking
                                             TION.—                                                       (2) by adding at the end the following:             ‘‘(c)(2)(D)’’ and inserting ‘‘(c)(2)(C)’’.
                                               ‘‘(A) IN GENERAL.—The term ‘State energy                   ‘‘(2) CONSIDERATION OF PRIOR GRANTS.—In             SEC. 1809. ADJUSTING STRATEGIC PETROLEUM
                                             financing institution’ means a quasi-inde-                awarding a grant under paragraph (1), the                          RESERVE MANDATED DRAWDOWNS.
                                             pendent entity or an entity within a State                Director shall take into account the satisfac-           (a) AMERICA’S WATER INFRASTRUCTURE ACT
                                             agency or financing authority established by              tory completion of any project carried out             OF 2018.—Section 3009(a)(1) of the America’s
                                             a State—                                                  by the entity applying for the grant using             Water Infrastructure Act of 2018 (42 U.S.C.
                                               ‘‘(i) to provide financing support or credit            any prior grant funds awarded to that entity           6241 note; Public Law 115–270) is amended by
                                             enhancements, including loan guarantees                   by the Director.’’.                                    striking ‘‘2028’’ and inserting ‘‘2030.’’
                                             and loan loss reserves, for eligible projects;               (d) REPORTS AND ROADMAPS.—Section                      (b) BIPARTISAN BUDGET ACT OF 2018.—Sec-
                                             and                                                       5012(h) of the America COMPETES Act (42                tion 30204(a)(1) of the Bipartisan Budget Act
                                               ‘‘(ii) to create liquid markets for eligible            U.S.C. 16538(h)) is amended—                           of 2018 (42 U.S.C. 6241 note; Public Law 115–
                                             projects,     including    warehousing       and             (1) in paragraph (1)—                               123) is amended—
                                             securitization, or take other steps to reduce                (A) by striking ‘‘describing projects’’ and            (1) in subparagraph (B), by striking ‘‘2026’’
                                             financial barriers to the deployment of exist-            inserting the following: ‘‘describing—                 and inserting ‘‘2029’’; and
                                             ing and new eligible projects.                               ‘‘(A) projects’’;                                      (2) in subparagraph (C), by striking ‘‘2027’’
                                               ‘‘(B) INCLUSION.—The term ‘State energy                    (B) in subparagraph (A) (as so designated),         and inserting ‘‘2030’’.
                                             financing institution’ includes an entity or              by striking the period at the end and insert-             (c) RECONCILIATION ON THE BUDGET FOR
                                             organization established to achieve the pur-              ing ‘‘, including projects that examine topics         2018.—Section 20003(a)(1) of Public Law 115–97
                                             poses described in clauses (i) and (ii) of sub-           and technologies closely relating to other             (42 U.S.C. 6241 note) is amended by striking
                                             paragraph (A) by an Indian Tribal entity or               activities funded by the Department;’’ and             ‘‘2026 through 2027’’ and inserting ‘‘2029
                                             an Alaska Native Corporation.’’.                             (C) by adding at the end the following:             through 2030.’’.
                                               (b) TERMS AND CONDITIONS.—Section 1702 of                  ‘‘(B) an analysis of whether the Director is        SEC. 1810. WESTERN AREA POWER ADMINISTRA-
                                             the Energy Policy Act of 2005 (42 U.S.C.                  in compliance with subsection (i)(1)(A) in                         TION PILOT PROJECT.
                                             16512) is amended—                                        supporting projects that examine the topics              (a) IN GENERAL.—Not later than 120 days
                                               (1) in subsection (a), by inserting ‘‘, includ-         and technologies described in subparagraph             after the date of enactment of this Act, the
                                             ing projects receiving financial support or               (A); and                                               Administrator of the Western Area Power
                                             credit enhancements from a State energy fi-                  ‘‘(C) current, proposed, and planned                Administration (referred to in this section as
                                             nancing institution,’’ after ‘‘for projects’’;            projects to be carried out pursuant to sub-            the ‘‘Administrator’’) shall—
                                               (2) in subsection (d)(1), by inserting ‘‘, in-          section (e)(3)(D).’’; and                                (1) establish a pilot project, as part of the
                                             cluding a guarantee for a project receiving                  (2) in paragraph (2)—                               continuous process improvement program
                                             financial support or credit enhancements                     (A) by striking ‘‘October 1, 2010, and Octo-        and to provide increased transparency for
                                             from a State energy financing institution,’’              ber 1, 2013’’ and inserting ‘‘October 1, 2021,         customers—
                                             after ‘‘No guarantee’’; and                               and every 4 years thereafter’’; and                      (A) to make available a database of infor-
                                               (3) by adding at the end the following:                    (B) by striking ‘‘3’’ and inserting ‘‘4’’.
                                               ‘‘(l) STATE ENERGY FINANCING INSTITU-                                                                          mation relating to the Western Area Power
                                                                                                          (e) COORDINATION AND NONDUPLICATION.—
                                             TIONS.—                                                                                                          Administration in accordance with para-
                                                                                                       Section 5012(i)(1) of the America COMPETES
                                               ‘‘(1) ELIGIBILITY.—To be eligible for a guar-                                                                  graph (2); and
                                                                                                       Act (42 U.S.C. 16538(i)(1)) is amended—
                                             antee under this title, a project receiving fi-                                                                    (B) to provide annual updates to the data-
                                                                                                          (1) by striking ‘‘that the activities’’ and in-
                                             nancial support or credit enhancements from                                                                      base in accordance with subsection (b); and
                                                                                                       serting the following: ‘‘that—
                                             a State energy financing institution—                                                                              (2) publish on a publicly available website
                                                                                                          ‘‘(A) the activities’’;
                                               ‘‘(A) shall meet the requirements of sec-                                                                      of the Western Area Power Administration, a
                                                                                                          (2) in subparagraph (A) (as so designated),
                                             tion 1703(a)(1); and                                                                                             database of the following information, begin-
                                                                                                       by striking the period at the end and insert-
                                               ‘‘(B) shall not be required to meet the re-                                                                    ning with fiscal year 2008, relating to the
                                                                                                       ing ‘‘; and’’; and
                                             quirements of section 1703(a)(2).                                                                                Western Area Power Administration:
                                                                                                          (3) by adding at the end the following:
                                               ‘‘(2) PARTNERSHIPS AUTHORIZED.—In car-                                                                           (A) By power system and in a consistent
                                                                                                          ‘‘(B) an award is not provided for a project
                                             rying out a project receiving a loan guar-                                                                       format, rates charged to customers for power
                                                                                                       unless the prospective award recipient dem-
                                             antee under this title, State energy financ-                                                                     and transmission service.
                                                                                                       onstrates that—
                                             ing institutions may enter into partnerships                                                                       (B) By power system, the amount of capac-
                                                                                                          ‘‘(i) the prospective award recipient has
                                             with private entities, Tribal entities, and                                                                      ity or energy sold.
                                                                                                       made a sufficient attempt to secure private
                                             Alaska Native corporations.                                                                                        (C) By region, an accounting, at the task
                                                                                                       financing, as determined by the Director; or
                                               ‘‘(3) PROHIBITION ON USE OF APPROPRIATED                                                                       level, budget activity level, organizational
                                                                                                          ‘‘(ii) the project is not independently com-
                                             FUNDS.—Amounts appropriated to the De-                                                                           code level, and object class level, of all ex-
                                                                                                       mercially viable.’’.
                                             partment before the date of enactment of                     (f) EVALUATION.—Section 5012(l) of the              penditures, including—
                                             this subsection shall not be available to be              America COMPETES Act (42 U.S.C. 16538(l))                (i) indirect costs, including overhead costs;
                                             used for the cost of loan guarantees made to              is amended—                                              (ii) direct charges and direct allocations;
                                             State energy financing institutions under                    (1) in paragraph (1), by striking ‘‘After’’           (iii) costs related to contract staff;
                                             this subsection.’’.                                       and all that follows through ‘‘years’’ and in-           (iv) costs related to independent consult-
                                             SEC. 1808. ARPA–E REAUTHORIZATION.                        serting ‘‘Not later than 3 years after the date        ants;
                                               (a) GOALS.—Section 5012(c) of the America               of enactment of the American Energy Inno-                (v) the number of full-time equivalents;
                                             COMPETES Act (42 U.S.C. 16538(c)) is amend-               vation Act of 2020’’; and                                (vi) charges to the region from the head-
                                             ed—                                                          (2) in paragraph (2)—                               quarters office of the Western Area Power
                                               (1) in paragraph (1), by striking subpara-                 (A) in the matter preceding subparagraph            Administration for all annual and capital
                                             graph (A) and inserting the following:                    (A), by striking ‘‘shall’’ and inserting               costs; and
                                               ‘‘(A) to enhance the economic and energy                ‘‘may’’; and                                             (vii) expenses incurred on behalf of other
                                             security of the United States through the de-                (B) in subparagraph (A), by striking ‘‘the          Federal agencies or programs or third par-
                                             velopment of energy technologies that—                    recommendation of the National Academy of              ties for the administration of programs not
                                               ‘‘(i) reduce imports of energy from foreign             Sciences’’ and inserting ‘‘a recommenda-               related to the marketing, transmission, or
                                             sources;                                                  tion’’.                                                wheeling of Federal hydropower resources
                                               ‘‘(ii) reduce energy-related emissions, in-                (g) AUTHORIZATION OF APPROPRIATIONS.—               within the Western Area Power Administra-
                                             cluding greenhouse gases;                                 Section 5012(o)(2) of the America COMPETES             tion marketing area, including—
                                               ‘‘(iii) improve the energy efficiency of all            Act (42 U.S.C. 16538(o)(2)) is amended—                  (I) indirect costs, including overhead costs;
                                             economic sectors; and                                        (1) in the matter preceding subparagraph              (II) direct charges and allocations;
                                               ‘‘(iv) improve the resilience, reliability,             (A), by striking ‘‘paragraphs (4) and (5)’’ and          (III) costs related to contract staff; and
                                             and security of infrastructure to produce, de-            inserting ‘‘paragraph (4)’’; and                         (IV) the number of full-time equivalents.
                                             liver, and store energy; and’’; and                          (2) by striking subparagraphs (A) through             (D) For the headquarters office of the
                                               (2) in paragraph (2), in the matter pre-                (E) and inserting the following:                       Western Area Power Administration, an ac-
                                             ceding subparagraph (A), by striking ‘‘en-                   ‘‘(A) $428,000,000 for fiscal year 2021;            counting, at the task level, budget activity
                                             ergy’’ and inserting ‘‘advanced’’.                           ‘‘(B) $497,000,000 for fiscal year 2022;            level, organizational code level, and object
                                               (b) RESPONSIBILITIES.—Section 5012(e)(3)(A)                ‘‘(C) $567,000,000 for fiscal year 2023;            class level, of all expenditures, including—
                                             of the America COMPETES Act (42 U.S.C.                       ‘‘(D) $651,000,000 for fiscal year 2024; and          (i) indirect costs, including overhead costs;




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




                                       VerDate Sep 11 2014     03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00056   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1565
                                             amount paid by each region and power sys-                 ‘‘(A) DEFINITIONS.—In this paragraph:                   ‘‘(III) to support research by early career
                                             tem; and                                                  ‘‘(i) ELIGIBLE ENTITY.—The term ‘eligible            faculty; and
                                               (vii) expenses incurred on behalf of other            entity’ means an institution of higher edu-               ‘‘(IV) to improve research capabilities at
                                             Federal agencies or programs or third par-              cation located in an eligible jurisdiction.            eligible entities through biennial implemen-
                                             ties for the administration of programs not               ‘‘(ii) ELIGIBLE JURISDICTION.—The term ‘eli-         tation grants.
                                             related to the marketing, transmission, or              gible jurisdiction’ means a State that, as de-            ‘‘(iii) NO COST SHARING.—EPSCoR shall not
                                             wheeling of Federal hydropower resources                termined by the Secretary—                             impose any cost-sharing requirement with
                                             within the Western Area Power Administra-                 ‘‘(I)(aa) historically has received relatively       respect to a grant made under this subpara-
                                             tion marketing area, including—                         little Federal research and development                graph.
                                               (I) indirect costs, including overhead costs;         funding; and                                              ‘‘(E) OTHER ACTIVITIES.—EPSCoR may
                                               (II) direct charges and allocations;                    ‘‘(bb) has demonstrated a commitment—                carry out such activities as may be nec-
                                               (III) costs related to contract staff; and              ‘‘(AA) to develop the research bases in the          essary to meet the objectives described in
                                               (IV) the number of full-time equivalents.             State; and                                             subparagraph (C) in the areas of applied en-
                                               (E) Capital expenditures for each project,              ‘‘(BB) to improve science and engineering            ergy research, environmental management,
                                             including—                                              research and education programs at institu-            and basic science described in subparagraph
                                               (i) capital investments delineated by the             tions of higher education in the State; and            (D)(i).
                                             year in which each investment is placed into              ‘‘(II) is an eligible jurisdiction under the            ‘‘(F) PROGRAM IMPLEMENTATION.—
                                             service; and                                            criteria used by the Secretary to make                    ‘‘(i) IN GENERAL.—Not later than 270 days
                                               (ii) the sources of capital for each invest-          awards under this paragraph on the day be-             after the date of enactment of the American
                                             ment.                                                   fore the date of enactment of the American             Energy Innovation Act of 2020, the Secretary
                                               (b) ANNUAL SUMMARY.—                                  Energy Innovation Act of 2020.                         shall submit to the Committees on Energy
                                               (1) IN GENERAL.—Not later than 120 days                 ‘‘(iii) EPSCOR.—The term ‘EPSCoR’ means              and Natural Resources and Appropriations of
                                             after the end of each fiscal year in which the          the Established Program to Stimulate Com-              the Senate and the Committees on Energy
                                             pilot project is being carried out under this           petitive Research operated under subpara-              and Commerce and Appropriations of the
                                             section, the Administrator shall make avail-            graph (B).                                             House of Representatives a plan describing
                                             able on a publicly available website—                     ‘‘(iv) NATIONAL LABORATORY.—The term                 how the Secretary shall implement EPSCoR.
                                               (A) updates to documents made available               ‘National Laboratory’ has the meaning given               ‘‘(ii) CONTENTS OF PLAN.—The plan de-
                                             on the date of the initial publication of the           the term in section 2 of the Energy Policy             scribed in clause (i) shall include a descrip-
                                             information on the website under subsection             Act of 2005 (42 U.S.C. 15801).                         tion of—
                                             (a)(2);                                                   ‘‘(v) STATE.—The term ‘State’ means—                    ‘‘(I) the management structure of EPSCoR,
                                               (B) an identification of the annual changes             ‘‘(I) a State;                                       which shall ensure that all research areas
                                             in the information published on the website               ‘‘(II) the District of Columbia;                     and activities described in this paragraph are
                                             under subsection (a)(2);                                  ‘‘(III) the Commonwealth of Puerto Rico;             incorporated into EPSCoR;
                                               (C) the reasons for the changes identified              ‘‘(IV) Guam;                                            ‘‘(II) efforts to conduct outreach to inform
                                             under subparagraph (B);                                   ‘‘(V) the United States Virgin Islands;              eligible entities and faculty of changes to,
                                               (D) subject to paragraph (2), the total                 ‘‘(VI) American Samoa; and                           and opportunities under, EPSCoR;
                                             amount of the unobligated balances retained               ‘‘(VII) the Commonwealth of the Northern                ‘‘(III) how EPSCoR plans to increase en-
                                             by the Western Area Power Administration                Mariana Islands.                                       gagement with eligible entities, faculty, and
                                             at the end of the prior fiscal year within                ‘‘(B) PROGRAM OPERATION.—The Secretary               State committees, including by holding reg-
                                             each project and headquarters by—                       shall operate an Established Program to                ular workshops, to increase participation in
                                               (i) purpose or function;                              Stimulate Competitive Research.                        EPSCoR; and
                                               (ii) source of funding;                                 ‘‘(C)    OBJECTIVES.—The       objectives   of          ‘‘(IV) any other issues relating to EPSCoR
                                               (iii) anticipated program allotment; and              EPSCoR shall be—                                       that the Secretary determines appropriate.
                                                                                                       ‘‘(i) to increase the number of researchers             ‘‘(G) PROGRAM EVALUATION.—
                                               (iv) underlying authority for each source of
                                                                                                     at institutions of higher education in eligi-             ‘‘(i) IN GENERAL.—Not later than 5 years
                                             funding; and
                                                                                                     ble jurisdictions capable of performing na-            after the date of enactment of the American
                                               (E) the anticipated level of unobligated
                                                                                                     tionally competitive science and engineering           Energy Innovation Act of 2020, the Secretary
                                             balances that the Western Area Power Ad-
                                                                                                     research in support of the mission of the De-          shall contract with a federally funded re-
                                             ministration expects to retain at the end of
                                                                                                     partment of Energy in the areas of applied             search and development center, the National
                                             the fiscal year in which the annual summary
                                                                                                     energy research, environmental manage-                 Academy of Sciences, or a similar organiza-
                                             is published, as delineated by each of the cat-
                                                                                                     ment, and basic science;                               tion to carry out an assessment of the effec-
                                             egories described in clauses (i) through (iv)
                                                                                                       ‘‘(ii) to enhance the capabilities of institu-       tiveness of EPSCoR, including an assessment
                                             of subparagraph (D).
                                                                                                     tions of higher education in eligible jurisdic-        of—
                                               (2) LIMITATION.—Amounts in the Upper Col-             tions to develop, plan, and execute research
                                             orado River Basin Fund established by sec-                                                                        ‘‘(I) the tangible progress made towards
                                                                                                     that is competitive in the peer-review proc-           achieving the objectives described in sub-
                                             tion 5(a) of the Act of April 11, 1956 (com-            ess; and
                                             monly known as the ‘‘Colorado River Stor-                                                                      paragraph (C);
                                                                                                       ‘‘(iii) to increase the probability of long-            ‘‘(II) the impact of research supported by
                                             age Project Act’’) (43 U.S.C. 620d(a)), shall           term growth of competitive funding to insti-
                                             not be considered to be an unobligated bal-                                                                    EPSCoR on the mission of the Department of
                                                                                                     tutions of higher education in eligible juris-         Energy; and
                                             ance retained by the Western Area Power                 dictions.
                                             Administration for purposes of paragraph                                                                          ‘‘(III) any other issues relating to EPSCoR
                                                                                                       ‘‘(D) GRANTS IN AREAS OF APPLIED ENERGY              that the Secretary determines appropriate.
                                             (1)(D).                                                 RESEARCH, ENVIRONMENTAL MANAGEMENT, AND
                                               (c) TERMINATION.—The pilot project under                                                                        ‘‘(ii) LIMITATION.—The organization with
                                                                                                     BASIC SCIENCE.—                                        which the Secretary contracts under clause
                                             this section shall terminate on the date that
                                                                                                       ‘‘(i) IN GENERAL.—EPSCoR shall make                  (i) shall not be a National Laboratory.
                                             is 7 years after the date of enactment of this
                                                                                                     grants to eligible entities to carry out and              ‘‘(iii) REPORT.—Not later than 6 years after
                                             Act.
                                                                                                     support applied energy research and research           the date of enactment of the American En-
                                             SEC. 1811. TIMING FOR DISTRIBUTION OF FINAN-
                                                          CIAL  ASSISTANCE   UNDER    THE
                                                                                                     in all areas of environmental management               ergy Innovation Act of 2020, the Secretary
                                                          STATE ENERGY PROGRAM.                      and basic science sponsored by the Depart-             shall submit to the Committees on Energy
                                               Section 363 of the Energy Policy and Con-             ment of Energy, including—                             and Natural Resources and Appropriations of
                                             servation Act (42 U.S.C. 6323) is amended by              ‘‘(I) energy efficiency, fossil energy, renew-       the Senate and the Committees on Energy
                                             adding at the end the following:                        able energy, and other applied energy re-              and Commerce and Appropriations of the
                                               ‘‘(g) TIMING FOR DISTRIBUTION OF FINANCIAL            search;                                                House of Representatives a report describing
                                             ASSISTANCE.—Notwithstanding any other                     ‘‘(II) electricity delivery research;                the results of the assessment carried out
                                             provision of law (including regulations), not             ‘‘(III) cybersecurity, energy security, and          under clause (i), including recommendations
                                             later than 60 days after the date on which              emergency response;                                    for improvements that would enable the Sec-
                                             funds have been made available to provide fi-             ‘‘(IV) environmental management; and                 retary to achieve the objectives described in
                                             nancial assistance under this section, the                ‘‘(V) basic science research.                        subparagraph (C).’’.
                                             Secretary shall distribute to the applicable              ‘‘(ii) ACTIVITIES.—EPSCOR may make                   SEC. 1813. BAKKEN AND THREE FORKS NATURAL
                                             State the full amount of assistance to be               grants under this subparagraph for any ac-                         GAS LIQUIDS REPORT.
                                             provided to the State under this section for            tivities consistent with the objectives de-              (a) IN GENERAL.—As soon as practicable
                                             the fiscal year.’’.                                     scribed in subparagraph (C) in the areas of            after the date of enactment of this Act, the




dlhill on DSKBBY8HB2PROD with SENATE
                                             SEC. 1812. ESTABLISHED PROGRAM TO STIMU-                applied energy research, environmental man-            Secretary shall submit to the appropriate
                                                         LATE COMPETITIVE RESEARCH.                  agement, and basic science described in                committees of Congress a report that as-
                                               Section 2203(b) of the Energy Policy Act of           clause (i), including—                                 sesses the feasibility of establishing a stor-
                                             1992 (42 U.S.C. 13503(b)) is amended by strik-            ‘‘(I) to support research at eligible entities       age and distribution hub for natural gas liq-
                                             ing paragraph (3) and inserting the following:          that is carried out in partnership with the            uids or any natural gas liquids component
                                               ‘‘(3) ESTABLISHED PROGRAM TO STIMULATE                National Laboratories;                                 (including propane) in the vicinity of the
                                             COMPETITIVE RESEARCH.—                                    ‘‘(II) to provide for graduate traineeships;         Bakken and Three Forks shale plays in order




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00057   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1566                                             CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                             to address supply chain constraints in the                (D) the process for participants to register           (F) the Commonwealth of the Northern
                                             Midwest and other opportunities as a result             for the competition;                                   Mariana Islands; and
                                             of the increased production of natural gas                (E) the amount of the prize; and                       (G) the United States Virgin Islands.
                                             liquids from shale developments.                          (F) the criteria for awarding the prize.               (b) POLICY.—
                                               (b) COMPONENTS.—The report submitted                    (g) JUDGES.—                                           (1) IN GENERAL.—Section 3 of the National
                                             under subsection (a) shall include, with re-              (1) IN GENERAL.—For each prize competi-              Materials and Minerals Policy, Research and
                                             spect to the proposed storage and distribu-             tion under the program, the Secretary shall            Development Act of 1980 (30 U.S.C. 1602) is
                                             tion hub, an examination of—                            assemble a panel of qualified judges to select         amended in the second sentence—
                                               (1) potential locations;                              the winner or winners of the competition on              (A) by striking paragraph (3) and inserting
                                               (2) economic feasibility;                             the basis of the criteria established under            the following:
                                               (3) geologic and aboveground storage capa-            subsection (e).                                          ‘‘(3) establish an analytical and forecasting
                                             bilities;                                                 (2) SELECTION.—The judges for each com-              capability for identifying critical mineral
                                               (4) infrastructure needs; and                         petition shall include appropriate members             demand, supply, and other factors to allow
                                               (5) any economic benefits or benefits to en-          of private industry involved in the commer-            informed actions to be taken to avoid supply
                                             ergy security.                                          cial production and deployment of wind                 shortages, mitigate price volatility, and pre-
                                             SEC. 1814. WIND BLADE RECYCLING PRIZE COM-              blades.                                                pare for demand growth and other market
                                                         PETITION.                                     (3) CONFLICTS.—An individual may not                 shifts;’’;
                                               (a) IN GENERAL.—The Secretary shall es-               serve as a judge in a prize competition under            (B) in paragraph (6), by striking ‘‘and’’
                                             tablish an award program, to be known as                the program if the individual, the spouse of           after the semicolon at the end; and
                                             the ‘‘Wind Blade Recycling Prize Competi-               the individual, any child of the individual, or          (C) by striking paragraph (7) and inserting
                                             tion’’ (referred to in this section as the ‘‘pro-       any other member of the household of the in-           the following:
                                             gram’’), under which the Secretary shall                                                                         ‘‘(7) facilitate the availability, develop-
                                                                                                     dividual—
                                             carry out prize competitions and make                                                                          ment, and environmentally responsible pro-
                                                                                                       (A) has a personal or financial interest in,
                                             awards to advance the recycling of wind                                                                        duction of domestic resources to meet na-
                                                                                                     or is an employee, officer, director, or agent
                                             blade materials.                                                                                               tional material or critical mineral needs;
                                               (b) FREQUENCY.—To the maximum extent                  of, any entity that is a registered participant
                                                                                                     in the prize competition for which the indi-             ‘‘(8) avoid duplication of effort, prevent un-
                                             practicable, the Secretary shall carry out a                                                                   necessary paperwork, and minimize delays in
                                             competition under the program not less fre-             vidual will serve as a judge; or
                                                                                                       (B) has a familial or financial relationship         the administration of applicable laws (in-
                                             quently than once every calendar year.                                                                         cluding regulations) and the issuance of per-
                                               (c) ELIGIBILITY.—                                     with a registered participant in the prize
                                                                                                     competition for which the individual will              mits and authorizations necessary to explore
                                               (1) IN GENERAL.—To be eligible to win a                                                                      for, develop, and produce critical minerals
                                             prize under the program, an individual or en-           serve as a judge.
                                                                                                       (h) REPORT TO CONGRESS.—Not later than               and to construct critical mineral manufac-
                                             tity—                                                                                                          turing facilities in accordance with applica-
                                               (A) shall have complied with the require-             60 days after the date on which the first prize
                                                                                                     is awarded under the program, and annually             ble environmental and land management
                                             ments of the competition as described in the                                                                   laws;
                                             announcement for that competition pub-                  thereafter, the Secretary shall submit to
                                                                                                     Congress a report that—                                  ‘‘(9) strengthen—
                                             lished in the Federal Register by the Sec-                                                                       ‘‘(A) educational and research capabilities
                                             retary under subsection (f);                              (1) identifies each award recipient;
                                                                                                       (2) describes the advanced methods or tech-          at not lower than the secondary school level;
                                               (B) in the case of a private entity, shall be
                                                                                                     nologies developed by each award recipient;            and
                                             incorporated in the United States and main-
                                                                                                     and                                                      ‘‘(B) workforce training for exploration
                                             tain a primary place of business in the
                                                                                                       (3) specifies actions being taken by the De-         and development of critical minerals and
                                             United States; and
                                                                                                     partment toward commercial application of              critical mineral manufacturing;
                                               (C) in the case of an individual, whether
                                                                                                     all methods or technologies with respect to              ‘‘(10) bolster international cooperation
                                             participating singly or in a group, shall be a
                                                                                                     which a prize has been awarded under the               through technology transfer, information
                                             citizen of, or an alien lawfully admitted for
                                                                                                     program.                                               sharing, and other means;
                                             permanent residence in, the United States.
                                                                                                       (i) ANTI-DEFICIENCY ACT.—The Secretary                 ‘‘(11) promote the efficient production, use,
                                               (2) EXCLUSIONS.—The following entities and
                                                                                                     shall carry out the program in accordance              and recycling of critical minerals;
                                             individuals shall not be eligible to win a
                                             prize under the program:                                with section 1341 of title 31, United States             ‘‘(12) develop alternatives to critical min-
                                               (A) A Federal entity.                                 Code (commonly referred to as the ‘‘Anti-De-           erals; and
                                               (B) A Federal employee (including an em-              ficiency Act’’).                                         ‘‘(13) establish contingencies for the pro-
                                             ployee of a National Laboratory) acting                   (j) AUTHORIZATION OF APPROPRIATIONS.—                duction of, or access to, critical minerals for
                                             within the scope of employment.                         There is authorized to be appropriated to              which viable sources do not exist within the
                                               (d) AWARDS.—In carrying out the program,              carry out this section $2,000,000, to remain           United States.’’.
                                             the Secretary shall award cash prizes, in               available until expended.                                (2) CONFORMING AMENDMENT.—Section 2(b)
                                             amounts to be determined by the Secretary,                  TITLE II—SUPPLY CHAIN SECURITY                     of the National Materials and Minerals Pol-
                                             to each individual or entity selected through                                                                  icy, Research and Development Act of 1980
                                                                                                              Subtitle A—Mineral Security                   (30 U.S.C. 1601(b)) is amended by striking ‘‘(b)
                                             a competitive process to develop methods or
                                                                                                     SEC. 2101. MINERAL SECURITY.                           As used in this Act, the term’’ and inserting
                                             technologies to recycle or reuse wind blade
                                             materials from domestic wind energy facili-               (a) DEFINITIONS.—In this section:                    the following:
                                             ties.                                                     (1) BYPRODUCT.—The term ‘‘byproduct’’                  ‘‘(b) DEFINITIONS.—In this Act:
                                               (e) CRITERIA.—                                        means a critical mineral—                                ‘‘(1) CRITICAL MINERAL.—The term ‘critical
                                               (1) IN GENERAL.—The Secretary shall estab-              (A) the recovery of which depends on the             mineral’ means any mineral, element, sub-
                                             lish objective, merit-based criteria for                production of a host mineral that is not des-          stance, or material designated as critical by
                                             awarding the prizes in each competition car-            ignated as a critical mineral; and                     the Secretary under section 2101(c) of the
                                             ried out under the program.                               (B) that exists in sufficient quantities to          American Energy Innovation Act of 2020.
                                               (2) REQUIREMENTS.—The criteria estab-                 be recovered during processing or refining.              ‘‘(2) MATERIALS.—The term’’.
                                             lished under paragraph (1) shall prioritize ad-           (2) CRITICAL MINERAL.—                                 (c) CRITICAL MINERAL DESIGNATIONS.—
                                             vancements in methods or technologies that                (A) IN GENERAL.—The term ‘‘critical min-               (1) DRAFT METHODOLOGY AND LIST.—The
                                             present the greatest potential for large-scale          eral’’ means any mineral, element, sub-                Secretary, acting through the Director of
                                             commercial deployment.                                  stance, or material designated as critical by          the United States Geological Survey (re-
                                               (3) CONSULTATION.—In establishing criteria            the Secretary under subsection (c).                    ferred to in this subsection as the ‘‘Sec-
                                             under paragraph (1), the Secretary shall con-             (B) EXCLUSIONS.—The term ‘‘critical min-             retary’’), shall publish in the Federal Reg-
                                             sult with appropriate members of private in-            eral’’ does not include—                               ister for public comment—
                                             dustry involved in the commercial deploy-                 (i) fuel minerals, including oil, natural gas,         (A) a description of the draft methodology
                                             ment of wind energy facilities.                         or any other fossil fuels; or                          used to identify a draft list of critical min-
                                               (f) ADVERTISING AND SOLICITATION OF COM-                (ii) water, ice, or snow.                            erals;
                                             PETITORS.—                                                (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’            (B) a draft list of minerals, elements, sub-
                                               (1) IN GENERAL.—The Secretary shall an-               has the meaning given the term in section 4            stances, and materials that qualify as crit-
                                             nounce each prize competition under the pro-            of the Indian Self-Determination and Edu-              ical minerals; and
                                             gram by publishing a notice in the Federal              cation Assistance Act (25 U.S.C. 5304).                  (C) a draft list of critical minerals recov-
                                             Register.                                                 (4) SECRETARY.—The term ‘‘Secretary’’                ered as byproducts.




dlhill on DSKBBY8HB2PROD with SENATE
                                               (2) REQUIREMENTS.—Each notice published               means the Secretary of the Interior.                     (2) AVAILABILITY OF DATA.—If available
                                             under paragraph (1) shall describe the essen-             (5) STATE.—The term ‘‘State’’ means—                 data is insufficient to provide a quantitative
                                             tial elements of the competition, such as—                (A) a State;                                         basis for the methodology developed under
                                               (A) the subject of the competition;                     (B) the District of Columbia;                        this subsection, qualitative evidence may be
                                               (B) the duration of the competition;                    (C) the Commonwealth of Puerto Rico;                 used to the extent necessary.
                                               (C) the eligibility requirements for partici-           (D) Guam;                                              (3) FINAL METHODOLOGY AND LIST.—After
                                             pation in the competition;                                (E) American Samoa;                                  reviewing public comments on the draft




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00058   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1567
                                             methodology and the draft lists published               the Secretary, shall complete a comprehen-               (A) critical minerals are fundamental to
                                             under paragraph (1) and updating the meth-              sive national assessment of each critical              the economy, competitiveness, and security
                                             odology and lists as appropriate, not later             mineral that—                                          of the United States;
                                             than 45 days after the date on which the pub-             (A) identifies and quantifies known critical           (B) to the maximum extent practicable,
                                             lic comment period with respect to the draft            mineral resources, using all available public          the critical mineral needs of the United
                                             methodology and draft lists closes, the Sec-            and private information and datasets, in-              States should be satisfied by minerals re-
                                             retary shall publish in the Federal Reg-                cluding exploration histories; and                     sponsibly produced and recycled in the
                                             ister—                                                    (B) provides a quantitative and qualitative          United States; and
                                               (A) a description of the final methodology            assessment of undiscovered critical mineral              (C) the Federal permitting process has
                                             for determining which minerals, elements,               resources throughout the United States, in-            been identified as an impediment to mineral
                                             substances, and materials qualify as critical           cluding probability estimates of tonnage and           production and the mineral security of the
                                             minerals;                                               grade, using all available public and private          United States.
                                               (B) the final list of critical minerals; and          information and datasets, including explo-               (2) PERFORMANCE IMPROVEMENTS.—To im-
                                               (C) the final list of critical minerals recov-        ration histories.                                      prove the quality and timeliness of decisions,
                                             ered as byproducts.                                       (2) SUPPLEMENTARY INFORMATION.—In car-               the Secretary (acting through the Director
                                               (4) DESIGNATIONS.—                                    rying out this subsection, the Secretary may           of the Bureau of Land Management) and the
                                               (A) IN GENERAL.—For purposes of carrying              carry out surveys and field work (including            Secretary of Agriculture (acting through the
                                             out this subsection, the Secretary shall                drilling, remote sensing, geophysical sur-             Chief of the Forest Service) (referred to in
                                             maintain a list of minerals, elements, sub-             veys, topographical and geological mapping,
                                                                                                                                                            this subsection as the ‘‘Secretaries’’) shall,
                                             stances, and materials designated as critical,          and geochemical sampling and analysis) to
                                                                                                                                                            to the maximum extent practicable, with re-
                                             pursuant to the final methodology published             supplement       existing   information     and
                                                                                                                                                            spect to critical mineral production on Fed-
                                             under paragraph (3), that the Secretary de-             datasets available for determining the exist-
                                                                                                                                                            eral land, complete Federal permitting and
                                             termines—                                               ence of critical minerals in the United
                                                                                                                                                            review processes with maximum efficiency
                                               (i) are essential to the economic or na-              States.
                                                                                                                                                            and effectiveness, while supporting vital eco-
                                             tional security of the United States;                     (3) PUBLIC ACCESS.—Subject to applicable
                                                                                                                                                            nomic growth, by—
                                               (ii) the supply chain of which is vulnerable          law, to the maximum extent practicable, the
                                             to disruption (including restrictions associ-           Secretary shall make all data and metadata               (A) establishing and adhering to timelines
                                             ated with foreign political risk, abrupt de-            collected from the comprehensive national              and schedules for the consideration of, and
                                             mand growth, military conflict, violent un-             assessment carried out under paragraph (1)             final decisions regarding, applications, oper-
                                             rest, anti-competitive or protectionist be-             publically and electronically accessible.              ating plans, leases, licenses, permits, and
                                             haviors, and other risks throughout the sup-              (4) TECHNICAL ASSISTANCE.—At the request             other use authorizations for mineral-related
                                             ply chain); and                                         of the Governor of a State or the head of an           activities on Federal land;
                                               (iii) serve an essential function in the man-         Indian tribe, the Secretary may provide                  (B) establishing clear, quantifiable, and
                                             ufacturing of a product (including energy               technical assistance to State governments              temporal permitting performance goals and
                                             technology-, defense-, currency-, agriculture-          and Indian tribes conducting critical mineral          tracking progress against those goals;
                                             , consumer electronics-, and health care-re-            resource assessments on non-Federal land.                (C) engaging in early collaboration among
                                             lated applications), the absence of which                 (5) PRIORITIZATION.—                                 agencies, project sponsors, and affected
                                             would have significant consequences for the               (A) IN GENERAL.—The Secretary may se-                stakeholders—
                                             economic or national security of the United             quence the completion of resource assess-                (i) to incorporate and address the interests
                                             States.                                                 ments for each critical mineral such that              of those parties; and
                                               (B) INCLUSIONS.—Notwithstanding the cri-              critical minerals considered to be most crit-            (ii) to minimize delays;
                                             teria under paragraph (3), the Secretary may            ical under the methodology established                   (D) ensuring transparency and account-
                                             designate and include on the list any min-              under subsection (c) are completed first.              ability by using cost-effective information
                                             eral, element, substance, or material deter-              (B) REPORTING.—During the period begin-              technology to collect and disseminate infor-
                                             mined by another Federal agency to be stra-             ning not later than 1 year after the date of           mation regarding individual projects and
                                             tegic and critical to the defense or national           enactment of this Act and ending on the date           agency performance;
                                             security of the United States.                          of completion of all of the assessments re-              (E) engaging in early and active consulta-
                                               (C) REQUIRED CONSULTATION.—The Sec-                   quired under this subsection, the Secretary            tion with State, local, and Indian tribal gov-
                                             retary shall consult with the Secretaries of            shall submit to Congress on an annual basis            ernments to avoid conflicts or duplication of
                                             Defense, Commerce, Agriculture, and Energy              an interim report that—                                effort, resolve concerns, and allow for con-
                                             and the United States Trade Representative                (i) identifies the sequence and schedule for         current, rather than sequential, reviews;
                                             in designating minerals, elements, sub-                 completion of the assessments if the Sec-                (F) providing demonstrable improvements
                                             stances, and materials as critical under this           retary sequences the assessments; or                   in the performance of Federal permitting
                                             paragraph.                                                (ii) describes the progress of the assess-           and review processes, including lower costs
                                               (5) SUBSEQUENT REVIEW.—                               ments if the Secretary does not sequence the           and more timely decisions;
                                               (A) IN GENERAL.—The Secretary, in con-                assessments.                                             (G) expanding and institutionalizing per-
                                             sultation with the Secretaries of Defense,                (6) UPDATES.—The Secretary may periodi-              mitting and review process improvements
                                             Commerce, Agriculture, and Energy and the               cally update the assessments conducted                 that have proven effective;
                                             United States Trade Representative, shall               under this subsection based on—                          (H) developing mechanisms to better com-
                                             review the methodology and list under para-               (A) the generation of new information or             municate priorities and resolve disputes
                                             graph (3) and the designations under para-              datasets by the Federal Government; or                 among agencies at the national, regional,
                                             graph (4) at least every 3 years, or more fre-            (B) the receipt of new information or                State, and local levels; and
                                             quently as the Secretary considers to be ap-            datasets from critical mineral producers,                (I) developing other practices, such as
                                             propriate.                                              State geological surveys, academic institu-            preapplication procedures.
                                               (B) REVISIONS.—Subject to paragraph                   tions, trade associations, or other persons.             (3) REVIEW AND REPORT.—Not later than 1
                                             (4)(A), the Secretary may—                                (7) ADDITIONAL SURVEYS.—The Secretary                year after the date of enactment of this Act,
                                               (i) revise the methodology described in this          shall complete a resource assessment for               the Secretaries shall submit to Congress a
                                             subsection;                                             each additional mineral or element subse-              report that—
                                               (ii) determine that minerals, elements,               quently designated as a critical mineral                 (A) identifies additional measures (includ-
                                             substances, and materials previously deter-             under subsection (c)(5)(B) not later than 2            ing regulatory and legislative proposals, as
                                             mined to be critical minerals are no longer             years after the designation of the mineral or          appropriate) that would increase the timeli-
                                             critical minerals; and                                  element.                                               ness of permitting activities for the explo-
                                               (iii) designate additional minerals, ele-               (8) REPORT.—Not later than 2 years after             ration and development of domestic critical
                                             ments, substances, or materials as critical             the date of enactment of this Act, the Sec-            minerals;
                                             minerals.                                               retary shall submit to Congress a report de-             (B) identifies options (including cost recov-
                                               (6) NOTICE.—On finalization of the method-            scribing the status of geological surveying of         ery paid by permit applicants) for ensuring
                                             ology and the list under paragraph (3), or any          Federal land for any mineral commodity—                adequate staffing and training of Federal en-
                                             revision to the methodology or list under                 (A) for which the United States was de-              tities and personnel responsible for the con-
                                             paragraph (5), the Secretary shall submit to            pendent on a foreign country for more than             sideration of applications, operating plans,
                                             Congress written notice of the action.                  25 percent of the United States supply, as de-         leases, licenses, permits, and other use au-
                                               (d) RESOURCE ASSESSMENT.—                             picted in the report issued by the United              thorizations for critical mineral-related ac-




dlhill on DSKBBY8HB2PROD with SENATE
                                               (1) IN GENERAL.—Not later than 4 years                States Geological Survey entitled ‘‘Mineral            tivities on Federal land;
                                             after the date of enactment of this Act, in             Commodity Summaries 2020’’; but                          (C) quantifies the amount of time typically
                                             consultation with applicable State (includ-               (B) that is not designated as a critical min-        required (including range derived from min-
                                             ing geological surveys), local, academic, in-           eral under subsection (c).                             imum and maximum durations, mean, me-
                                             dustry, and other entities, the Secretary                 (e) PERMITTING.—                                     dian, variance, and other statistical meas-
                                             (acting through the Director of the United                (1) SENSE OF CONGRESS.—It is the sense of            ures or representations) to complete each
                                             States Geological Survey) or a designee of              Congress that—                                         step (including those aspects outside the




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00059   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1568                                             CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                             control of the executive branch, such as judi-          agency responsible for issuing the critical              (1) CAPABILITIES.—In order to evaluate ex-
                                             cial review, applicant decisions, or State and          mineral exploration or mine permit.                    isting critical mineral policies and inform
                                             local government involvement) associated                  (3) TRANSMISSION.—All Federal Register               future actions that may be taken to avoid
                                             with the development and processing of ap-              notices regarding official document avail-             supply shortages, mitigate price volatility,
                                             plications, operating plans, leases, licenses,          ability, announcements of meetings, or no-             and prepare for demand growth and other
                                             permits, and other use authorizations for               tices of intent to undertake an action shall           market shifts, the Secretary (acting through
                                             critical mineral-related activities on Federal          be originated in, and transmitted to the Fed-          the Director of the United States Geological
                                             land, which shall serve as a baseline for the           eral Register from, the office in which, as ap-        Survey) or a designee of the Secretary, in
                                             performance metric under paragraph (4); and             plicable—                                              consultation with the Energy Information
                                               (D) describes actions carried out pursuant              (A) the documents or meetings are held; or           Administration, academic institutions, and
                                             to paragraph (2).                                         (B) the activity is initiated.                       others in order to maximize the application
                                               (4) PERFORMANCE METRIC.—Not later than                  (g) RECYCLING, EFFICIENCY, AND ALTER-                of existing competencies related to devel-
                                             90 days after the date of submission of the             NATIVES.—                                              oping and maintaining computer-models and
                                             report under paragraph (3), the Secretaries,              (1) ESTABLISHMENT.—The Secretary of En-              similar analytical tools, shall conduct and
                                             after providing public notice and an oppor-             ergy (referred to in this subsection as the            publish the results of an annual report that
                                             tunity to comment, shall develop and pub-               ‘‘Secretary’’) shall conduct a program of re-          includes—
                                             lish a performance metric for evaluating the            search and development—                                  (A) as part of the annually published Min-
                                             progress made by the executive branch to ex-              (A) to promote the efficient production,             eral Commodity Summaries from the United
                                             pedite the permitting of activities that will           use, and recycling of critical minerals                States Geological Survey, a comprehensive
                                             increase exploration for, and development of,           throughout the supply chain; and                       review of critical mineral production, con-
                                             domestic critical minerals, while maintain-               (B) to develop alternatives to critical min-         sumption, and recycling patterns, includ-
                                             ing environmental standards.                            erals that do not occur in significant abun-           ing—
                                               (5) ANNUAL REPORTS.—Beginning with the                dance in the United States.                              (i) the quantity of each critical mineral do-
                                             first budget submission by the President                  (2) COOPERATION.—In carrying out the pro-            mestically produced during the preceding
                                             under section 1105 of title 31, United States           gram, the Secretary shall cooperate with ap-           year;
                                             Code, after publication of the performance              propriate—                                               (ii) the quantity of each critical mineral
                                             metric required under paragraph (4), and an-                                                                   domestically consumed during the preceding
                                                                                                       (A) Federal agencies and National Labora-
                                             nually thereafter, the Secretaries shall sub-                                                                  year;
                                                                                                     tories;
                                             mit to Congress a report that—                                                                                   (iii) market price data or other price data
                                                                                                       (B) critical mineral producers;
                                               (A) summarizes the implementation of rec-                                                                    for each critical mineral;
                                                                                                       (C) critical mineral processors;
                                             ommendations, measures, and options identi-                                                                      (iv) an assessment of—
                                                                                                       (D) critical mineral manufacturers;
                                             fied in subparagraphs (A) and (B) of para-                                                                       (I) critical mineral requirements to meet
                                                                                                       (E) trade associations;
                                             graph (3);                                                                                                     the national security, energy, economic, in-
                                                                                                       (F) academic institutions;
                                               (B) using the performance metric under                                                                       dustrial, technological, and other needs of
                                                                                                       (G) small businesses; and
                                             paragraph (4), describes progress made by the                                                                  the United States during the preceding year;
                                                                                                       (H) other relevant entities or individuals.
                                             executive branch, as compared to the base-                                                                       (II) the reliance of the United States on
                                                                                                       (3) ACTIVITIES.—Under the program, the               foreign sources to meet those needs during
                                             line established pursuant to paragraph (3)(C),          Secretary shall carry out activities that in-          the preceding year; and
                                             on expediting the permitting of activities              clude the identification and development                 (III) the implications of any supply short-
                                             that will increase exploration for, and devel-          of—                                                    ages, restrictions, or disruptions during the
                                             opment of, domestic critical minerals; and                (A) advanced critical mineral extraction,            preceding year;
                                               (C) compares the United States to other               production, separation, alloying, or proc-               (v) the quantity of each critical mineral
                                             countries in terms of permitting efficiency             essing technologies that decrease the energy           domestically recycled during the preceding
                                             and any other criteria relevant to the glob-            consumption, environmental impact, and                 year;
                                             ally competitive critical minerals industry.            costs of those activities, including—                    (vi) the market penetration during the pre-
                                               (6) INDIVIDUAL PROJECTS.—Using data from                (i) efficient water and wastewater manage-           ceding year of alternatives to each critical
                                             the Secretaries generated under paragraph               ment strategies;                                       mineral;
                                             (5), the Director of the Office of Management             (ii) technologies and management strate-               (vii) a discussion of international trends
                                             and Budget shall prioritize inclusion of indi-          gies to control the environmental impacts of           associated with the discovery, production,
                                             vidual critical mineral projects on the                 radionuclides in ore tailings;                         consumption, use, costs of production,
                                             website operated by the Office of Manage-                 (iii) technologies for separation and proc-          prices, and recycling of each critical mineral
                                             ment and Budget in accordance with section              essing; and                                            as well as the development of alternatives to
                                             1122 of title 31, United States Code.                     (iv) technologies for increasing the recov-          critical minerals; and
                                               (7) REPORT OF SMALL BUSINESS ADMINISTRA-              ery rates of byproducts from host metal ores;            (viii) such other data, analyses, and eval-
                                             TION.—Not later than 1 year and 300 days                  (B) technologies or process improvements             uations as the Secretary finds are necessary
                                             after the date of enactment of this Act, the            that minimize the use, or lead to more effi-           to achieve the purposes of this subsection;
                                             Administrator of the Small Business Admin-              cient use, of critical minerals across the full        and
                                             istration shall submit to the applicable com-           supply chain;                                            (B) a comprehensive forecast, entitled the
                                             mittees of Congress a report that assesses                (C) technologies, process improvements, or           ‘‘Annual Critical Minerals Outlook’’, of pro-
                                             the performance of Federal agencies with re-            design optimizations that facilitate the recy-         jected critical mineral production, consump-
                                             spect to—                                               cling of critical minerals, and options for im-        tion, and recycling patterns, including—
                                               (A) complying with chapter 6 of title 5,              proving the rates of collection of products              (i) the quantity of each critical mineral
                                             United States Code (commonly known as the               and scrap containing critical minerals from            projected to be domestically produced over
                                             ‘‘Regulatory Flexibility Act’’), in promul-             post-consumer, industrial, or other waste              the subsequent 1-year, 5-year, and 10-year pe-
                                             gating regulations applicable to the critical           streams;                                               riods;
                                             minerals industry; and                                    (D) commercial markets, advanced storage               (ii) the quantity of each critical mineral
                                               (B) performing an analysis of regulations             methods, energy applications, and other ben-           projected to be domestically consumed over
                                             applicable to the critical minerals industry            eficial uses of critical minerals processing           the subsequent 1-year, 5-year, and 10-year pe-
                                             that may be outmoded, inefficient, duplica-             byproducts;                                            riods;
                                             tive, or excessively burdensome.                          (E) alternative minerals, metals, and ma-              (iii) an assessment of—
                                               (f) FEDERAL REGISTER PROCESS.—                        terials, particularly those available in abun-           (I) critical mineral requirements to meet
                                               (1) DEPARTMENTAL REVIEW.—Absent any ex-               dance within the United States and not sub-            projected national security, energy, eco-
                                             traordinary circumstance, and except as oth-            ject to potential supply restrictions, that            nomic, industrial, technological, and other
                                             erwise required by law, the Secretary and               lessen the need for critical minerals; and             needs of the United States;
                                             the Secretary of Agriculture shall ensure                 (F) alternative energy technologies or al-             (II) the projected reliance of the United
                                             that each Federal Register notice described             ternative designs of existing energy tech-             States on foreign sources to meet those
                                             in paragraph (2) shall be—                              nologies, particularly those that use min-             needs; and
                                               (A) subject to any required reviews within            erals that—                                              (III) the projected implications of potential
                                             the Department of the Interior or the De-                 (i) occur in abundance in the United                 supply shortages, restrictions, or disrup-
                                             partment of Agriculture; and                            States; and                                            tions;
                                               (B) published in final form in the Federal              (ii) are not subject to potential supply re-           (iv) the quantity of each critical mineral




dlhill on DSKBBY8HB2PROD with SENATE
                                             Register not later than 45 days after the date          strictions.                                            projected to be domestically recycled over
                                             of initial preparation of the notice.                     (4) REPORTS.—Not later than 2 years after            the subsequent 1-year, 5-year, and 10-year pe-
                                               (2) PREPARATION.—The preparation of Fed-              the date of enactment of this Act, and annu-           riods;
                                             eral Register notices required by law associ-           ally thereafter, the Secretary shall submit              (v) the market penetration of alternatives
                                             ated with the issuance of a critical mineral            to Congress a report summarizing the activi-           to each critical mineral projected to take
                                             exploration or mine permit shall be dele-               ties, findings, and progress of the program.           place over the subsequent 1-year, 5-year, and
                                             gated to the organizational level within the              (h) ANALYSIS AND FORECASTING.—                       10-year periods;




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00060   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1569
                                               (vi) a discussion of reasonably foreseeable             (i) to design an interdisciplinary program             (i) the matter under the heading ‘‘GEOLOGI-
                                             international trends associated with the dis-           on critical minerals that will support the             CAL SURVEY’’ of the first section of the Act of
                                             covery, production, consumption, use, costs             critical mineral supply chain and improve              March 3, 1879 (43 U.S.C. 31(a)); or
                                             of production, and recycling of each critical           the ability of the United States to increase             (ii) the first section of Public Law 87–626
                                             mineral as well as the development of alter-            domestic, critical mineral exploration, de-            (43 U.S.C. 31(b)).
                                             natives to critical minerals; and                       velopment, production, manufacturing, re-                (B) EFFECT ON DEPARTMENT OF DEFENSE.—
                                               (vii) such other projections relating to              search, including fundamental research into            Nothing in this section or an amendment
                                             each critical mineral as the Secretary deter-           alternatives, and recycling;                           made by this section affects the authority of
                                             mines to be necessary to achieve the pur-                 (ii) to address undergraduate and graduate           the Secretary of Defense with respect to the
                                             poses of this subsection.                               education, especially to assist in the devel-          work of the Department of Defense on crit-
                                               (2) PROPRIETARY INFORMATION.—In pre-                  opment of graduate level programs of re-               ical material supplies in furtherance of the
                                             paring a report described in paragraph (1),             search and instruction that lead to advanced           national defense mission of the Department
                                             the Secretary shall ensure, consistent with             degrees with an emphasis on the critical               of Defense.
                                             section 5(f) of the National Materials and              mineral supply chain or other positions that             (C) SECRETARIAL ORDER NOT AFFECTED.—
                                             Minerals Policy, Research and Development               will increase domestic, critical mineral ex-           This section shall not apply to any mineral
                                             Act of 1980 (30 U.S.C. 1604(f)), that—                  ploration, development, production, manu-              described in Secretarial Order No. 3324,
                                               (A) no person uses the information and                facturing, research, including fundamental             issued by the Secretary on December 3, 2012,
                                             data collected for the report for a purpose             research into alternatives, and recycling;             in any area to which the order applies.
                                             other than the development of or reporting                (iii) to develop guidelines for proposals              (4) APPLICATION OF CERTAIN PROVISIONS.—
                                             of aggregate data in a manner such that the             from institutions of higher education with               (A) IN GENERAL.—Subsections (e) and (f)
                                             identity of the person or firm who supplied             substantial capabilities in the required dis-          shall apply to—
                                             the information is not discernible and is not           ciplines for activities to improve the critical          (i) an exploration project in which the
                                             material to the intended uses of the informa-           mineral supply chain and advance the capac-            presence of a byproduct is reasonably ex-
                                             tion;                                                   ity of the United States to increase domes-            pected,     based     on     known    mineral
                                               (B) no person discloses any information or            tic, critical mineral exploration, research,           companionality, geologic formation, min-
                                             data collected for the report unless the infor-         development, production, manufacturing,                eralogy, or other factors; and
                                             mation or data has been transformed into a              and recycling; and                                       (ii) a project that demonstrates that the
                                             statistical or aggregate form that does not               (iv) to outline criteria for evaluating per-         byproduct is of sufficient grade that, when
                                             allow the identification of the person or firm          formance and recommendations for the                   combined with the production of a host min-
                                             who supplied particular information; and                amount of funding that will be necessary to            eral, the byproduct is economic to recover,
                                               (C) procedures are established to require             establish and carry out the program de-                as determined by the applicable Secretary in
                                             the withholding of any information or data              scribed in paragraph (3).                              accordance with subparagraph (B).
                                             collected for the report if the Secretary de-             (B) REPORT.—Not later than 2 years after               (B) REQUIREMENT.—In making the deter-
                                             termines that withholding is necessary to               the date of enactment of this Act, the Sec-            mination under subparagraph (A)(ii), the ap-
                                             protect proprietary information, including              retary shall submit to Congress a description          plicable Secretary shall consider the cost ef-
                                             any trade secrets or other confidential infor-                                                                 fectiveness of the byproducts recovery.
                                                                                                     of the results of the study required under
                                                                                                                                                              (l) AUTHORIZATION OF APPROPRIATIONS.—
                                             mation.                                                 subparagraph (A).                                      There is authorized to be appropriated to
                                               (i) EDUCATION AND WORKFORCE.—                           (3) PROGRAM.—                                        carry out this section $50,000,000 for each of
                                               (1) WORKFORCE ASSESSMENT.—Not later                     (A) ESTABLISHMENT.—The Secretary and                 fiscal years 2021 through 2029.
                                             than 1 year and 300 days after the date of en-          the Secretary of Labor shall jointly conduct           SEC. 2102. RARE EARTH ELEMENT ADVANCED
                                             actment of this Act, the Secretary of Labor             a competitive grant program under which in-                        COAL TECHNOLOGIES.
                                             (in consultation with the Secretary, the Di-            stitutions of higher education may apply for             (a) PROGRAM FOR EXTRACTION AND RECOV-
                                             rector of the National Science Foundation,              and receive 4-year grants for—                         ERY OF RARE EARTH ELEMENTS AND MINERALS
                                             institutions of higher education with sub-                (i) startup costs for newly designated fac-          FROM COAL AND COAL BYPRODUCTS.—
                                             stantial expertise in mining, institutions of           ulty positions in integrated critical mineral            (1) IN GENERAL.—The Secretary of Energy,
                                             higher education with significant expertise             education, research, innovation, training,             acting through the Assistant Secretary for
                                             in minerals research, including fundamental             and workforce development programs con-                Fossil Energy (referred to in this section as
                                             research into alternatives, and employers in            sistent with paragraph (2);                            the ‘‘Secretary’’), shall carry out a program
                                             the critical minerals sector) shall submit to             (ii) internships, scholarships, and fellow-          under which the Secretary shall develop ad-
                                             Congress an assessment of the domestic                  ships for students enrolled in programs re-            vanced separation technologies for the ex-
                                             availability of technically trained personnel           lated to critical minerals;                            traction and recovery of rare earth elements
                                             necessary for critical mineral exploration,               (iii) equipment necessary for integrated             and minerals from coal and coal byproducts.
                                             development, assessment, production, manu-              critical mineral innovation, training, and               (2) AUTHORIZATION OF APPROPRIATIONS.—
                                             facturing, recycling, analysis, forecasting,            workforce development programs; and                    There is authorized to be appropriated to the
                                             education, and research, including an anal-               (iv) research of critical minerals and their         Secretary to carry out the program de-
                                             ysis of—                                                applications, particularly concerning the              scribed in paragraph (1) $23,000,000 for each of
                                               (A) skills that are in the shortest supply as         manufacture of critical components vital to            fiscal years 2021 through 2027.
                                             of the date of the assessment;                          national security.                                       (b) REPORT.—Not later than 1 year after
                                               (B) skills that are projected to be in short            (B) RENEWAL.—A grant under this para-                the date of enactment of this Act, the Sec-
                                             supply in the future;                                   graph shall be renewable for up to 2 addi-             retary shall submit to the Committee on En-
                                               (C) the demographics of the critical min-             tional 3-year terms based on performance               ergy and Natural Resources of the Senate
                                             erals industry and how the demographics                 criteria outlined under paragraph (2)(A)(iv).          and the Committee on Energy and Commerce
                                             will evolve under the influence of factors                                                                     of the House of Representatives a report
                                                                                                        (j) NATIONAL GEOLOGICAL AND GEOPHYSICAL
                                             such as an aging workforce;                                                                                    evaluating the development of advanced sep-
                                                                                                     DATA      PRESERVATION     PROGRAM.—Section            aration technologies for the extraction and
                                               (D) the effectiveness of training and edu-            351(k) of the Energy Policy Act of 2005 (42            recovery of rare earth elements and minerals
                                             cation programs in addressing skills short-             U.S.C. 15908(k)) is amended by striking                from coal and coal byproducts, including
                                             ages;                                                   ‘‘$30,000,000 for each of fiscal years 2006            acid mine drainage from coal mines and coal
                                               (E) opportunities to hire locally for new
                                                                                                     through 2010’’ and inserting ‘‘$5,000,000 for          mine refuse and tailings.
                                             and existing critical mineral activities;
                                                                                                     each of fiscal years 2021 through 2029, to re-         SEC. 2103. MONITORING MINERAL INVESTMENTS
                                               (F) the sufficiency of personnel within rel-                                                                             UNDER BELT AND ROAD INITIATIVE
                                             evant areas of the Federal Government for               main available until expended’’.
                                                                                                                                                                        OF PEOPLE’S REPUBLIC OF CHINA.
                                             achieving the policies described in section 3             (k) ADMINISTRATION.—                                   (a) REPORT REQUIRED.—Not later than 1
                                             of the National Materials and Minerals Pol-               (1) IN GENERAL.—The National Critical Ma-            year after the date of the enactment of this
                                             icy, Research and Development Act of 1980               terials Act of 1984 (30 U.S.C. 1801 et seq.) is        Act, the Director of National Intelligence, in
                                             (30 U.S.C. 1602); and                                   repealed.                                              consultation with the Secretary of Interior,
                                               (G) the potential need for new training pro-            (2) CONFORMING AMENDMENT.—Section 3(d)               the Secretary, the Secretary of Commerce,
                                             grams to have a measurable effect on the                of the National Superconductivity and Com-             the Secretary of State, the Secretary of De-
                                             supply of trained workers in the critical               petitiveness Act of 1988 (15 U.S.C. 5202(d)) is        fense, and the United States Trade Rep-
                                             minerals industry.                                      amended in the first sentence by striking ‘‘,          resentative, shall submit to the appropriate
                                               (2) CURRICULUM STUDY.—                                with the assistance of the National Critical           congressional committees a report on invest-




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




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00061   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1570                                             CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                                (3) any efforts by the People’s Republic of          ational capability, or service, including com-           ‘‘(f) SINGLE-ISSUE RATE FILINGS.—The
                                             China to counter or interfere with the goals            puter hardware, software, or a related asset,          Commission shall permit public utilities to
                                             of the Energy Resource Governance Initia-               that enhances the security posture of public           apply for incentive-based rate treatment
                                             tive of the Department of State; and                    utilities through improvements in the abil-            under a rule issued under this section on a
                                                (4) the strategy of the People’s Republic of         ity to protect against, detect, respond to, or         single-issue basis by submitting to the Com-
                                             China with respect to mineral investments.              recover from a cybersecurity threat (as de-            mission a tariff schedule under section 205
                                                (b) MONITORING MECHANISM.—In conjunc-                fined in section 102 of the Cybersecurity Act          that permits recovery of costs and incentives
                                             tion with each report required by subsection            of 2015 (6 U.S.C. 1501)).                              over the depreciable life of the applicable as-
                                             (a), the Director shall submit to the appro-              ‘‘(2) ADVANCED CYBERSECURITY TECHNOLOGY              sets, without regard to changes in receipts or
                                             priate congressional committees a list of any           INFORMATION.—The term ‘advanced cyberse-               other costs of the public utility.
                                             minerals with respect to which—                         curity technology information’ means infor-              ‘‘(g) PROTECTION OF INFORMATION.—Ad-
                                                (1) the People’s Republic of China, directly         mation relating to advanced cybersecurity              vanced cybersecurity technology informa-
                                             or through the Belt and Road Initiative—                technology or proposed advanced cybersecu-             tion that is provided to, generated by, or col-
                                                (A) is increasing its concentration of ex-           rity technology that is generated by or pro-           lected by the Federal Government under sub-
                                             traction and processing;                                vided to the Commission or another Federal             section (b), (c), or (f) shall be considered to
                                                (B) is acquiring significant mining and              agency.                                                be critical electric infrastructure informa-
                                             processing facilities;                                    ‘‘(b) STUDY.—Not later than 180 days after           tion under section 215A.’’.
                                                (C) is maintaining or increasing export re-          the date of enactment of this section, the             SEC. 2202. RURAL AND MUNICIPAL UTILITY AD-
                                             strictions; or                                          Commission, in consultation with the Sec-                          VANCED CYBERSECURITY GRANT
                                                (D) has achieved substantial control of the          retary of Energy, the North American Elec-                         AND TECHNICAL ASSISTANCE PRO-
                                                                                                     tric Reliability Corporation, the Electricity                      GRAM.
                                             supply of minerals used within an industry
                                             or related minerals; or                                 Subsector Coordinating Council, and the Na-              (a) DEFINITIONS.—In this section:
                                                                                                     tional Association of Regulatory Utility                 (1)   ADVANCED     CYBERSECURITY   TECH-
                                                (2) there is a significant difference between
                                                                                                     Commissioners, shall conduct a study to                NOLOGY.—The term ‘‘advanced cybersecurity
                                             domestic prices in the People’s Republic of
                                             China as compared to prices on international            identify incentive-based, including perform-           technology’’ means any technology, oper-
                                             markets; or                                             ance-based, rate treatments for the trans-             ational capability, or service, including com-
                                                (3) there is a significant increase or vola-         mission and sale of electric energy subject to         puter hardware, software, or a related asset,
                                             tility in price as a result of the Belt and             the jurisdiction of the Commission that                that enhances the security posture of elec-
                                             Road Initiative of the People’s Republic of             could be used to encourage—                            tric utilities through improvements in the
                                             China.                                                    ‘‘(1) investment by public utilities in ad-          ability to protect against, detect, respond to,
                                                (c) CRITICAL MINERAL EVALUATION.—For                 vanced cybersecurity technology; and                   or recover from a cybersecurity threat (as
                                             any mineral included on the list required by              ‘‘(2) participation by public utilities in cy-       defined in section 102 of the Cybersecurity
                                             subsection (b) that is not already designated           bersecurity threat information sharing pro-            Act of 2015 (6 U.S.C. 1501)).
                                             as critical by the Secretary of the Interior            grams.                                                   (2) ELIGIBLE ENTITY.—The term ‘‘eligible
                                             pursuant to section 2101, the Director shall—             ‘‘(c) INCENTIVE-BASED RATE TREATMENT.—               entity’’ means—
                                                (1) determine, in consultation with the              Not later than 1 year after the completion of            (A) a rural electric cooperative;
                                             Secretary of the Interior, the Secretary, the           the study under subsection (b), the Commis-              (B) a utility owned by a political subdivi-
                                             Secretary of Commerce, the Secretary of                 sion shall establish, by rule, incentive-based,        sion of a State, such as a municipally owned
                                             State, the Secretary of Defense, and the                including performance-based, rate treat-               electric utility;
                                             United States Trade Representative, whether             ments for the transmission of electric energy            (C) a utility owned by any agency, author-
                                             the mineral is strategic and critical to the            in interstate commerce and the sale of elec-           ity, corporation, or instrumentality of 1 or
                                             defense or national security of the United              tric energy at wholesale in interstate com-            more political subdivisions of a State;
                                             States; and                                             merce by public utilities for the purpose of             (D) a not-for-profit entity that is in a part-
                                                (2) make a recommendation to the Sec-                benefitting consumers by encouraging—                  nership with not fewer than 6 entities de-
                                             retary of the Interior regarding the designa-             ‘‘(1) investments by public utilities in ad-         scribed in subparagraph (A), (B), or (C); and
                                             tion of the mineral under section 2101.                 vanced cybersecurity technology; and                     (E) an investor-owned electric utility that
                                                (d) ANNUAL UPDATES.—The Director shall                 ‘‘(2) participation by public utilities in cy-       sells less than 4,000,000 megawatt hours of
                                             update the report required by subsection (a)            bersecurity threat information sharing pro-            electricity per year.
                                             and list required by subsection (b) not less            grams.                                                   (3) PROGRAM.—The term ‘‘Program’’ means
                                             frequently than annually.                                 ‘‘(d) FACTORS FOR CONSIDERATION.—In                  the Rural and Municipal Utility Advanced
                                                (e) FORM.—Each report or list required by            issuing a rule pursuant to this section, the           Cybersecurity Grant and Technical Assist-
                                             this section shall be submitted in unclassi-            Commission may provide additional incen-               ance Program established under subsection
                                             fied form but may include a classified annex.           tives beyond those identified in subsection            (b).
                                                (f) APPROPRIATE CONGRESSIONAL COMMIT-                (c) in any case in which the Commission de-              (b) ESTABLISHMENT.—Not later than 180
                                             TEES DEFINED.—In this section, the term                 termines that an investment in advanced cy-            days after the date of enactment of this Act,
                                             ‘‘appropriate      congressional    committees’’        bersecurity technology or information shar-            the Secretary, in consultation with the Sec-
                                             means—                                                  ing program costs will reduce cybersecurity            retary of Homeland Security, the Federal
                                                (1) the Committee on Energy and Natural              risks to—                                              Energy Regulatory Commission, the North
                                             Resources, the Committee on Foreign Rela-                 ‘‘(1) defense critical electric infrastructure       American Electric Reliability Corporation,
                                             tions, the Committee on Armed Services, the             (as defined in section 215A(a)) and other fa-          and the Electricity Subsector Coordinating
                                             Committee on Finance, the Committee on                  cilities subject to the jurisdiction of the            Council, shall establish a program, to be
                                             Homeland Security and Governmental Af-                  Commission that are critical to public safe-           known as the ‘‘Rural and Municipal Utility
                                             fairs, the Committee on Commerce, Science,              ty, national defense, or homeland security,            Advanced Cybersecurity Grant and Tech-
                                             and Transportation, and the Committee on                as determined by the Commission in con-                nical Assistance Program’’, to provide grants
                                             Appropriations of the Senate; and                       sultation with—                                        and technical assistance to, and enter into
                                                (2) the Committee on Energy and Com-                   ‘‘(A) the Secretary of Energy;                       cooperative agreements with, eligible enti-
                                             merce, the Committee on Foreign Affairs,                  ‘‘(B) the Secretary of Homeland Security;            ties to protect against, detect, respond to,
                                             the Committee on Armed Services, the Com-               and                                                    and recover from cybersecurity threats.
                                             mittee on Ways and Means, the Committee                   ‘‘(C) other appropriate Federal agencies;              (c) OBJECTIVES.—The objectives of the Pro-
                                             on Homeland Security, and the Committee                 and                                                    gram shall be—
                                             on Appropriations of the House of Represent-              ‘‘(2) facilities of small or medium-sized              (1) to deploy advanced cybersecurity tech-
                                             atives.                                                 public utilities with limited cybersecurity            nologies for electric utility systems; and
                                                                                                     resources, as determined by the Commission.              (2) to increase the participation of eligible
                                              Subtitle B—Cybersecurity and Grid Security               ‘‘(e) RATEPAYER PROTECTION.—                         entities in cybersecurity threat information
                                                             and Modernization                         ‘‘(1) IN GENERAL.—Any rate approved under            sharing programs.
                                                  PART I—CYBERSECURITY AND GRID                      a rule issued pursuant to this section, in-              (d) AWARDS.—
                                                                 SECURITY                            cluding any revisions to that rule, shall be             (1) IN GENERAL.—The Secretary—
                                             SEC. 2201. INCENTIVES FOR ADVANCED CYBERSE-             subject to the requirements of sections 205              (A) shall award grants and provide tech-
                                                          CURITY TECHNOLOGY INVESTMENT.              and 206 that all rates, charges, terms, and            nical assistance under the Program to eligi-
                                               Part II of the Federal Power Act is amend-            conditions—                                            ble entities on a competitive basis;
                                             ed by inserting after section 219 (16 U.S.C.              ‘‘(A) shall be just and reasonable; and                (B) shall develop criteria and a formula for




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




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00062   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                      S1571
                                             can become aware of opportunities to receive               ‘‘(3) other entities responsible for main-          SEC.    2204. ENHANCING     GRID    SECURITY
                                             grants or technical assistance under the Pro-           taining fuel or electric reliability and secur-                   THROUGH PUBLIC-PRIVATE PART-
                                                                                                                                                                       NERSHIPS.
                                             gram.                                                   ing energy infrastructure.
                                               (2) PRIORITY FOR GRANTS AND TECHNICAL AS-                ‘‘(d) FINANCIAL ASSISTANCE.—A State is not            (a) DEFINITIONS.—In this section:
                                             SISTANCE.—In awarding grants and providing              eligible to receive Federal financial assist-            (1) ELECTRIC RELIABILITY ORGANIZATION.—
                                             technical assistance under the Program, the             ance under this part, for any purpose, for a           The term ‘‘Electric Reliability Organiza-
                                             Secretary shall give priority to an eligible            fiscal year unless the Governor of such State          tion’’ has the meaning given the term in sec-
                                             entity that, as determined by the Sec-                  submits to the Secretary, with respect to              tion 215(a) of the Federal Power Act (16
                                                                                                     such fiscal year—                                      U.S.C. 824o(a)).
                                             retary—
                                                                                                        ‘‘(1) a State energy security plan described          (2) ELECTRIC UTILITY; STATE REGULATORY
                                               (A) has limited cybersecurity resources;
                                                                                                     in subsection (a) that meets the require-              AUTHORITY.—The terms ‘‘electric utility’’
                                               (B) owns assets critical to the reliability of
                                                                                                     ments of subsection (b); or                            and ‘‘State regulatory authority’’ have the
                                             the bulk power system; or
                                                                                                        ‘‘(2) after an annual review of the State en-       meanings given those terms in section 3 of
                                               (C) owns defense critical electric infra-
                                                                                                     ergy security plan by the Governor—                    the Federal Power Act (16 U.S.C. 796).
                                             structure (as defined in section 215A(a) of the                                                                  (b) PROGRAM TO PROMOTE AND ADVANCE
                                             Federal Power Act (16 U.S.C. 824o–1(a))).                  ‘‘(A) any necessary revisions to such plan;
                                                                                                     or                                                     PHYSICAL SECURITY AND CYBERSECURITY OF
                                               (e) PROTECTION OF INFORMATION.—Informa-                                                                      ELECTRIC UTILITIES.—
                                             tion provided to, or collected by, the Federal             ‘‘(B) a certification that no revisions to
                                                                                                     such plan are necessary.                                 (1) ESTABLISHMENT.—The Secretary, in
                                             Government under this section—                                                                                 consultation with the Secretary of Homeland
                                               (1) shall be exempt from disclosure under                ‘‘(e) TECHNICAL ASSISTANCE.—Upon request
                                                                                                     of the Governor of a State, the Secretary, in          Security, State regulatory authorities, in-
                                             section 552(b)(3) of title 5, United States                                                                    dustry stakeholders, the Electric Reliability
                                                                                                     consultation with the Secretary of Homeland
                                             Code; and                                                                                                      Organization, and any other Federal agen-
                                                                                                     Security, may provide information and tech-
                                               (2) shall not be made available by any Fed-                                                                  cies that the Secretary determines to be ap-
                                                                                                     nical assistance, and other assistance, in the
                                             eral agency, State, political subdivision of a                                                                 propriate, shall carry out a program—
                                                                                                     development, implementation, or revision of
                                             State, or Tribal authority under any applica-           a State energy security plan.                            (A) to develop, and provide for voluntary
                                             ble law requiring public disclosure of infor-              ‘‘(f) REQUIREMENT.—Each State receiving             implementation of, maturity models, self-as-
                                             mation or records.                                      Federal financial assistance under this part           sessments, and auditing methods for assess-
                                               (f) FUNDING.—There is authorized to be ap-            shall provide reasonable assurance to the              ing the physical security and cybersecurity
                                             propriated to carry out this section                    Secretary that the State has established               of electric utilities;
                                             $50,000,000 for each of fiscal years 2021               policies and procedures designed to assure               (B) to assist with threat assessment and
                                             through 2025, to remain available until ex-             that the financial assistance will be used—            cybersecurity training for electric utilities;
                                             pended.                                                    ‘‘(1) to supplement, and not to supplant,             (C) to provide technical assistance for elec-
                                             SEC. 2203. STATE ENERGY SECURITY PLANS.                 State and local funds; and                             tric utilities subject to the program;
                                               (a) IN GENERAL.—Part D of title III of the               ‘‘(2) to the maximum extent practicable, to           (D) to provide training to electric utilities
                                             Energy Policy and Conservation Act (42                  increase the amount of State and local funds           to address and mitigate cybersecurity supply
                                             U.S.C. 6321 et seq.) is amended by adding at            that otherwise would be available, in the ab-          chain management risks;
                                             the end the following:                                  sence of the financial assistance, for the im-           (E) to advance the cybersecurity of third-
                                             ‘‘SEC. 367. STATE ENERGY SECURITY PLANS.                plementation of the State energy security              party vendors in partnerships with electric
                                                ‘‘(a) IN GENERAL.—Federal financial assist-          plan under this section.                               utilities; and
                                             ance made available to a State under this                  ‘‘(g) PROTECTION OF INFORMATION.—Infor-               (F) to increase opportunities for sharing
                                             part may be used for the development, im-               mation provided to, or collected by, the Fed-
                                                                                                                                                            best practices and data collection within the
                                             plementation, review, and revision of a State           eral Government under this section—
                                                                                                                                                            electric sector.
                                             energy security plan that assesses the                     ‘‘(1) shall be exempt from disclosure under
                                                                                                                                                              (2) SCOPE.—In carrying out the program
                                             State’s existing circumstances and proposes             section 552(b)(3) of title 5, United States
                                                                                                                                                            under paragraph (1), the Secretary shall—
                                             methods to strengthen the ability of the                Code; and
                                                                                                                                                              (A) take into consideration—
                                                                                                        ‘‘(2) shall not be made available by any
                                             State, in consultation with owners and oper-                                                                     (i) the different sizes of electric utilities;
                                                                                                     Federal agency, State, political subdivision
                                             ators of energy infrastructure in such State,                                                                  and
                                                                                                     of a State, or Tribal authority pursuant to
                                             to—                                                                                                              (ii) the regions that electric utilities serve;
                                                                                                     any Federal, State, or Tribal law, as applica-
                                               ‘‘(1) secure the energy infrastructure of the                                                                  (B) prioritize electric utilities with fewer
                                                                                                     ble, requiring public disclosure of informa-
                                             State against all physical and cybersecurity                                                                   available resources due to size or region; and
                                                                                                     tion or records.
                                             threats;                                                   ‘‘(h) SUNSET.—This section shall expire on            (C) to the maximum extent practicable,
                                               ‘‘(2) mitigate the risk of energy supply dis-         October 31, 2024.’’.                                   use and leverage—
                                             ruptions to the State and enhance the re-                  (b) AUTHORIZATION OF APPROPRIATIONS.—                 (i) existing Department programs; and
                                             sponse to, and recovery from, energy disrup-            Section 365(f) of the Energy Policy and Con-             (ii) existing programs of the Federal agen-
                                             tions; and                                              servation Act (42 U.S.C. 6325(f)) is amended—          cies determined to be appropriate under
                                               ‘‘(3) ensure the State has a reliable, secure,           (1) by striking ‘‘$125,000,000’’ and inserting      paragraph (1).
                                             and resilient energy infrastructure.                    ‘‘$90,000,000’’; and                                     (3) PROTECTION OF INFORMATION.—Informa-
                                               ‘‘(b) CONTENTS OF PLAN.—A State energy                   (2) by striking ‘‘2007 through 2012’’ and in-       tion provided to, or collected by, the Federal
                                             security plan described in subsection (a)               serting ‘‘2021 through 2025’’.                         Government pursuant to this subsection—
                                             shall—                                                     (c) TECHNICAL AND CONFORMING AMEND-                   (A) shall be exempt from disclosure under
                                               ‘‘(1) address all energy sources and regu-            MENTS.—                                                section 552(b)(3) of title 5, United States
                                             lated and unregulated energy providers;                    (1) CONFORMING AMENDMENTS.—Section 363              Code; and
                                               ‘‘(2) provide a State energy profile, includ-         of the Energy Policy and Conservation Act                (B) shall not be made available by any Fed-
                                             ing an assessment of energy production, dis-            (42 U.S.C. 6323) (as amended by section 1811)          eral agency, State, political subdivision of a
                                             tribution, and end-use;                                 is amended—                                            State, or Tribal authority pursuant to any
                                               ‘‘(3) address potential hazards to each en-              (A) by striking subsection (e); and                 Federal, State, political subdivision of a
                                             ergy sector or system, including physical                  (B) by redesignating subsections (f) and (g)        State, or Tribal law, respectively, requiring
                                             threats and cybersecurity threats and                   as subsections (e) and (f), respectively.              public disclosure of information or records.
                                             vulnerabilities;                                           (2)      TECHNICAL     AMENDMENT.—Section             (c) REPORT ON CYBERSECURITY AND DIS-
                                               ‘‘(4) provide a risk assessment of energy in-         366(3)(B)(i) of the Energy Policy and Con-             TRIBUTION SYSTEMS.—
                                             frastructure and cross-sector interdepend-              servation Act (42 U.S.C. 6326(3)(B)(i)) is               (1) IN GENERAL.—Not later than 1 year after
                                             encies;                                                 amended by striking ‘‘approved under sec-              the date of enactment of this Act, the Sec-
                                               ‘‘(5) provide a risk mitigation approach to           tion 367’’.                                            retary, in consultation with the Secretary of
                                             enhance reliability and end-use resilience;                (3) REFERENCE.—The matter under the                 Homeland Security, State regulatory au-
                                             and                                                     heading ‘‘ENERGY CONSERVATION’’ under the              thorities, industry stakeholders, and any
                                               ‘‘(6) address multi-State, Indian Tribe, and          heading ‘‘DEPARTMENT OF ENERGY’’ in                    other Federal agencies that the Secretary
                                             regional coordination planning and response,            title II of the Department of the Interior and         determines to be appropriate, shall submit to
                                             and to the extent practicable, encourage mu-            Related Agencies Appropriations Act, 1985              Congress a report that assesses—
                                             tual assistance in cyber and physical re-               (42 U.S.C. 6323a) is amended by striking ‘‘sec-          (A) priorities, policies, procedures, and ac-
                                             sponse plans.                                           tions 361 through 366’’ and inserting ‘‘sec-           tions for enhancing the physical security and
                                               ‘‘(c) COORDINATION.—In developing or revis-           tions 361 through 367’’.                               cybersecurity of electricity distribution sys-




dlhill on DSKBBY8HB2PROD with SENATE
                                             ing a State energy security plan under this                (4) TABLE OF CONTENTS.—The table of con-            tems, including behind-the-meter genera-
                                             section, the energy office of the State shall,          tents for part D of title III of the Energy            tion, storage, and load management devices,
                                             to the extent practicable, coordinate with—             Policy and Conservation Act (Public Law 94–            to address threats to, and vulnerabilities of,
                                               ‘‘(1) the public utility or service commis-           163; 89 Stat. 872; 92 Stat. 3272; 104 Stat. 1006)      electricity distribution systems; and
                                             sion of the State;                                      is amended by adding at the end the fol-                 (B) the implementation of the priorities,
                                               ‘‘(2) energy providers from the private and           lowing:                                                policies, procedures, and actions assessed
                                             public sectors; and                                     ‘‘Sec. 367. State energy security plans.’’.            under subparagraph (A), including—




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00063   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1572                                             CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                               (i) an estimate of potential costs and bene-            (d) ENERGY SECTOR OPERATIONAL SUPPORT                       PART II—GRID MODERNIZATION
                                             fits of the implementation; and                         FOR CYBERRESILIENCE PROGRAM.—                          SEC. 2210. GRID STORAGE PROGRAM.
                                               (ii) an assessment of any public-private                (1) IN GENERAL.—The Secretary may carry                (a) IN GENERAL.—The Secretary shall con-
                                             cost-sharing opportunities.                             out a program—                                         duct a program of research, development,
                                               (2) PROTECTION OF INFORMATION.—Informa-                 (A) to enhance and periodically test—                and demonstration of electric grid energy
                                             tion provided to, or collected by, the Federal            (i) the emergency response capabilities of           storage that addresses the principal chal-
                                             Government under this subsection—                       the Department; and                                    lenges identified in the 2013 Department of
                                               (A) shall be exempt from disclosure under               (ii) the coordination of the Department              Energy Strategic Plan for Grid Energy Stor-
                                             section 552(b)(3) of title 5, United States             with other agencies, the National Labora-              age.
                                             Code; and                                               tories, and private industry;                            (b) AREAS OF FOCUS.—The program under
                                               (B) shall not be made available by any Fed-             (B) to expand cooperation of the Depart-             this section shall focus on—
                                             eral agency, State, political subdivision of a          ment with the intelligence communities for               (1)     materials,      electric    thermal,
                                             State, or Tribal authority pursuant to any              energy sector-related threat collection and            electromechanical, and electrochemical sys-
                                             Federal, State, political subdivision of a              analysis;                                              tems research;
                                             State, or Tribal law, respectively, requiring             (C) to enhance the tools of the Department             (2) power conversion technologies research;
                                             public disclosure of information or records.            and E–ISAC for monitoring the status of the              (3) developing—
                                             SEC. 2205. ENHANCED GRID SECURITY.                      energy sector;                                           (A) empirical and science-based industry
                                               (a) DEFINITIONS.—In this section:                       (D) to expand industry participation in E–           standards to compare the storage capacity,
                                               (1) ELECTRIC UTILITY.—The term ‘‘electric             ISAC; and                                              cycle length and capabilities, and reliability
                                             utility’’ has the meaning given the term in               (E) to provide, in coordination with the Cy-         of different types of electricity storage; and
                                             section 3 of the Federal Power Act (16 U.S.C.           bersecurity and Infrastructure Security                  (B) validation and testing techniques;
                                             796).                                                   Agency of the Department of Homeland Se-                 (4) other fundamental and applied research
                                               (2) E–ISAC.—The term ‘‘E–ISAC’’ means                 curity, technical assistance to small electric         critical to widespread deployment of elec-
                                             the Electricity Sector Information Sharing              utilities    for    purposes    of   assessing         tricity storage;
                                             and Analysis Center.                                    cybermaturity level.                                     (5) device development that builds on re-
                                               (b) CYBERSECURITY FOR THE ENERGY SECTOR                 (2) A  UTHORIZATION    OF  APPROPRIATIONS .—         sults from research described in paragraphs
                                             RESEARCH, DEVELOPMENT, AND DEMONSTRA-                   There is authorized to be appropriated to              (1), (2), and (4), including combinations of
                                             TION PROGRAM.—                                          carry out this subsection $10,000,000 for each         power electronics, advanced optimizing con-
                                               (1) IN GENERAL.—The Secretary, in con-                of fiscal years 2021 through 2029.                     trols, and energy storage as a general pur-
                                             sultation with the Secretary of Homeland                  (e) MODELING AND ASSESSING ENERGY IN-                pose element of the electric grid;
                                             Security and, as determined appropriate,                FRASTRUCTURE RISK.—                                      (6) grid-scale testing and analysis of stor-
                                             other Federal agencies, the energy sector,                (1) IN GENERAL.—The Secretary, in con-               age devices, including test-beds and field
                                             the States, and other stakeholders, shall               sultation with the Secretary of Homeland               trials;
                                             carry out a program—                                    Security, shall develop an advanced energy               (7) cost-benefit analyses that inform cap-
                                               (A) to develop advanced cybersecurity ap-             security program to secure energy networks,            ital expenditure planning for regulators and
                                             plications and technologies for the energy              including electric, natural gas, and oil explo-        owners and operators of components of the
                                             sector—                                                 ration, transmission, and delivery.                    electric grid;
                                               (i) to identify and mitigate vulnerabilities,           (2) SECURITY AND RESILIENCY OBJECTIVE.—                (8) electricity storage device safety and re-
                                             including—                                              The objective of the program developed                 liability, including potential failure modes,
                                               (I) dependencies on other critical infra-             under paragraph (1) is to increase the func-           mitigation measures, and operational guide-
                                             structure; and                                          tional preservation of the electric grid oper-         lines;
                                               (II) impacts from weather and fuel supply;            ations or natural gas and oil operations in              (9) standards for storage device perform-
                                             and                                                     the face of natural and human-made threats             ance, control interface, grid interconnection,
                                               (ii) to advance the security of field devices         and hazards, including electric magnetic               and interoperability; and
                                             and third-party control systems, including—             pulse and geomagnetic disturbances.                      (10) maintaining a public database of en-
                                               (I) systems for generation, transmission,               (3) ELIGIBLE ACTIVITIES.—In carrying out             ergy storage projects, policies, codes, stand-
                                             distribution, end use, and market functions;            the program developed under paragraph (1),             ards, and regulations.
                                               (II) specific electric grid elements includ-          the Secretary may—                                       (c) ASSISTANCE TO STATES.—The Secretary
                                             ing advanced metering, demand response,                   (A) develop capabilities to identify                 may provide technical and financial assist-
                                             distributed generation, and electricity stor-           vulnerabilities and critical components that           ance to States, Indian Tribes, or units of
                                             age;                                                    pose major risks to grid security if destroyed         local government to participate in or use re-
                                               (III) forensic analysis of infected systems;          or impaired;                                           search, development, or demonstration of
                                             and                                                       (B) provide modeling at the national level           technology developed under this section.
                                                                                                     to predict impacts from natural or human-                (d) AUTHORIZATION OF APPROPRIATIONS.—
                                               (IV) secure communications;
                                                                                                     made events;                                           There is authorized to be appropriated to the
                                               (B) to leverage electric grid architecture as
                                                                                                       (C) develop a maturity model for physical            Secretary to carry out this section $50,000,000
                                             a means to assess risks to the energy sector,                                                                  for each of fiscal years 2021 through 2029.
                                             including by implementing an all-hazards                security and cybersecurity;
                                                                                                                                                              (e) NO EFFECT ON OTHER PROVISIONS OF
                                             approach to communications infrastructure,                (D) conduct exercises and assessments to
                                                                                                                                                            LAW.—Nothing in this Act or an amendment
                                             control systems architecture, and power sys-            identify and mitigate vulnerabilities to the           made by this Act authorizes regulatory ac-
                                             tems architecture;                                      electric grid, including providing mitigation          tions that would duplicate or conflict with
                                               (C) to perform pilot demonstration                    recommendations;                                       regulatory requirements, mandatory stand-
                                             projects with the energy sector to gain expe-             (E) conduct research hardening solutions             ards, or related processes under section 215 of
                                             rience with new technologies; and                       for critical components of the electric grid;          the Federal Power Act (16 U.S.C. 824o).
                                               (D) to develop workforce development cur-               (F) conduct research mitigation and recov-             (f) USE OF FUNDS.—To the maximum extent
                                             ricula for energy sector-related cybersecu-             ery solutions for critical components of the           practicable, in carrying out this section, the
                                             rity.                                                   electric grid; and                                     Secretary shall ensure that the use of funds
                                               (2) AUTHORIZATION OF APPROPRIATIONS.—                   (G) provide technical assistance to States           to carry out this section is coordinated
                                             There is authorized to be appropriated to               and other entities for standards and risk              among different offices within the Grid Mod-
                                             carry out this subsection $65,000,000 for each          analysis.                                              ernization Initiative of the Department and
                                             of fiscal years 2021 through 2029.                        (4) AUTHORIZATION OF APPROPRIATIONS.—                other programs conducting energy storage
                                               (c) ENERGY SECTOR COMPONENT TESTING                   There is authorized to be appropriated to              research.
                                             FOR CYBERRESILIENCE PROGRAM.—                           carry out this subsection $10,000,000 for each         SEC. 2211. TECHNOLOGY DEMONSTRATION ON
                                               (1) IN GENERAL.—The Secretary, in con-                of fiscal years 2021 through 2029.                                THE DISTRIBUTION SYSTEM.
                                             sultation with the Federal Acquisition Secu-              (f) LEVERAGING EXISTING PROGRAMS.—The                  (a) IN GENERAL.—The Secretary shall es-
                                             rity Council, shall carry out a program—                programs established under this section shall          tablish a grant program to carry out eligible
                                               (A) to establish a cybertesting and mitiga-           be carried out consistent with—                        projects related to the modernization of the
                                             tion program to identify vulnerabilities of               (1) the report of the Department entitled            electric grid, including the application of
                                             energy sector supply chain products to                  ‘‘Roadmap to Achieve Energy Delivery Sys-              technologies to improve observability, ad-
                                             known threats;                                          tems Cybersecurity’’ and dated 2011;                   vanced controls, and prediction of system
                                               (B) to oversee third-party cybertesting;                (2) existing programs of the Department;             performance on the distribution system.




dlhill on DSKBBY8HB2PROD with SENATE
                                             and                                                     and                                                      (b) ELIGIBLE PROJECTS.—To be eligible for
                                               (C) to develop procurement guidelines for               (3) any associated strategic framework               a grant under subsection (a), a project
                                             energy sector supply chain components.                  that links together academic and National              shall—
                                               (2) AUTHORIZATION OF APPROPRIATIONS.—                 Laboratory researchers, electric utilities,              (1) be designed to improve the performance
                                             There is authorized to be appropriated to               manufacturers, and any other relevant pri-             and efficiency of the future electric grid,
                                             carry out this subsection $15,000,000 for each          vate industry organizations, including the             while ensuring the continued provision of
                                             of fiscal years 2021 through 2029.                      Electricity Sub-sector Coordinating Council.           safe, secure, reliable, and affordable power;




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00064   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                    S1573
                                               (2) demonstrate—                                      ing displacement of conventional generation            SEC. 2213. ELECTRIC GRID ARCHITECTURE, SCE-
                                               (A) secure integration and management of              used for electric power generation, heating                        NARIO DEVELOPMENT, AND MOD-
                                                                                                                                                                        ELING.
                                             two or more energy resources, including dis-            and cooling, and transportation;
                                             tributed energy generation, combined heat                 (B) the potential for renewable resources,             (a) GRID ARCHITECTURE AND SCENARIO DE-
                                             and power, micro-grids, energy storage, elec-                                                                  VELOPMENT.—
                                                                                                     including wind, solar, and hydropower, to be
                                             tric vehicles, energy efficiency, demand re-            integrated into a hybrid micro-grid system;              (1) IN GENERAL.—Subject to paragraph (2),
                                             sponse, and intelligent loads; and                        (C) opportunities for improving the effi-            the Secretary shall establish and facilitate a
                                               (B) secure integration and interoperability                                                                  collaborative process to develop model grid
                                                                                                     ciency of existing hybrid micro-grid systems;
                                             of communications and information tech-                                                                        architecture and a set of future scenarios for
                                                                                                       (D) the capacity of the local workforce to
                                             nologies; and                                                                                                  the electric grid to examine the impacts of
                                                                                                     operate, maintain, and repair a hybrid
                                               (3) be subject to the requirements of sec-                                                                   different combinations of resources (includ-
                                                                                                     micro-grid system;
                                             tion 545(a) of the Energy Security and Inde-                                                                   ing different quantities of distributed energy
                                                                                                       (E) opportunities to develop the capacity
                                             pendence Act of 2007 (42 U.S.C. 17155(a)).                                                                     resources and large-scale, central genera-
                                                                                                     of the local workforce to operate, maintain,
                                             SEC. 2212. MICRO-GRID AND HYBRID MICRO-GRID
                                                                                                                                                            tion) on the electric grid.
                                                                                                     and repair a hybrid micro-grid system;
                                                          SYSTEMS PROGRAM.                                                                                    (2) MARKET STRUCTURE.—The grid architec-
                                                                                                       (F) leveraging existing capacity within
                                               (a) DEFINITIONS.—In this section:                                                                            ture and scenarios developed under para-
                                                                                                     local or regional research organizations,
                                               (1) HYBRID MICRO-GRID SYSTEM.—The term                                                                       graph (1) shall account for differences in
                                                                                                     such as organizations based at institutions            market structure, including an examination
                                             ‘‘hybrid micro-grid system’’ means a micro-             of higher education, to support development
                                             grid system that—                                                                                              of the potential for stranded costs in each
                                                                                                     of hybrid micro-grid systems, including by             type of market structure.
                                                (A) comprises generation from both con-              testing novel components and systems prior
                                             ventional and renewable energy resources;                                                                        (3) FINDINGS.—
                                                                                                     to field deployment;                                     (A) IN GENERAL.—Based on the findings of
                                             and                                                       (G) the need for basic infrastructure to de-
                                                (B) may use grid-scale energy storage.                                                                      grid architecture developed under paragraph
                                                                                                     velop, deploy, and sustain a hybrid micro-             (1), the Secretary shall—
                                                (2) ISOLATED COMMUNITY.—The term ‘‘iso-              grid system;
                                             lated community’’ means a community that                                                                         (i) determine whether any additional
                                                                                                       (H) input of traditional knowledge from              standards are necessary to ensure the inter-
                                             is powered by a stand-alone electric genera-            local leaders of isolated communities in the
                                             tion and distribution system without the                                                                       operability of grid systems and associated
                                                                                                     development of a hybrid micro-grid system;             communications networks; and
                                             economic and reliability benefits of connec-              (I) the impact of hybrid micro-grid systems
                                             tion to a regional electric grid.                                                                                (ii) if the Secretary makes a determination
                                                                                                     on defense, homeland security, economic de-            that additional standards are necessary
                                                (3) MICRO-GRID SYSTEM.—The term ‘‘micro-             velopment, and environmental interests;
                                             grid system’’ means a localized grid that op-                                                                  under subparagraph (A), make recommenda-
                                                                                                       (J) opportunities to leverage existing               tions for additional standards, including, as
                                             erates autonomously, regardless of whether
                                                                                                     interagency coordination efforts and rec-              may be appropriate, to the Electric Reli-
                                             the grid can operate in connection with an-
                                                                                                     ommendations for new interagency coordina-             ability Organization under section 215 of the
                                             other grid.
                                                                                                     tion efforts to minimize unnecessary over-             Federal Power Act (16 U.S.C. 824o).
                                                (4) STRATEGY.—The term ‘‘strategy’’ means
                                                                                                     head, mobilization, and other project costs;             (B) CONSIDERATION.—The Electric Reli-
                                             the strategy developed pursuant to sub-
                                                                                                     and                                                    ability Organization shall not be under any
                                             section (b)(2)(B).
                                                (b) PROGRAM.—                                          (K) any other criteria the Secretary deter-          obligation to establish any process to con-
                                                (1) ESTABLISHMENT.—The Secretary shall               mines appropriate.                                     sider the recommendations described in sub-
                                             establish a program to promote the develop-               (c) COLLABORATION.—The program estab-                paragraph (A)(ii).
                                             ment of—                                                lished under subsection (b)(1) shall be carried          (b) MODELING.—Subject to subsection (c),
                                                (A) hybrid micro-grid systems for isolated                                                                  the Secretary shall—
                                                                                                     out in collaboration with relevant stake-
                                             communities; and                                                                                                 (1) conduct modeling based on the sce-
                                                                                                     holders, including, as appropriate—                    narios developed under subsection (a); and
                                                (B) micro-grid systems to increase the re-             (1) States;
                                             silience of critical infrastructure.                                                                             (2) analyze and evaluate the technical and
                                                                                                       (2) Indian Tribes;                                   financial impacts of the models to assist
                                                (2) PHASES.—The program established                    (3) regional entities and regulators;
                                             under paragraph (1) shall be divided into the                                                                  States, utilities, and other stakeholders in—
                                                                                                       (4) units of local government;                         (A) enhancing strategic planning efforts;
                                             following phases:                                         (5) institutions of higher education; and
                                                (A) Phase I, which shall consist of the de-                                                                   (B) avoiding stranded costs; and
                                                                                                       (6) private sector entities.                           (C) maximizing the cost-effectiveness of fu-
                                             velopment of a feasibility assessment for—
                                                (i) hybrid micro-grid systems in isolated              (d) REPORT.—Not later than 180 days after            ture grid-related investments.
                                             communities; and                                        the date of enactment of this Act, and annu-             (c) INPUT.—The Secretary shall develop the
                                                                                                                                                            scenarios and conduct the modeling and
                                                (ii) micro-grid systems to enhance the re-           ally thereafter until calendar year 2029, the
                                                                                                                                                            analysis under subsections (a) and (b) with
                                             silience of critical infrastructure.                    Secretary shall submit to the Committee on             participation or input, as appropriate,
                                                (B) Phase II, which shall consist of the de-         Energy and Natural Resources of the Senate             from—
                                             velopment of an implementation strategy, in             and the Committee on Energy and Commerce                 (1) the National Laboratories;
                                             accordance with paragraph (3), to promote               of the House of Representatives a report on              (2) States;
                                             the development of hybrid micro-grid sys-               the efforts to implement the program estab-              (3) State regulatory authorities;
                                             tems for isolated communities, particularly                                                                      (4) transmission organizations;
                                                                                                     lished under subsection (b)(1) and the status
                                             for those communities exposed to extreme                                                                         (5) representatives of all sectors of the
                                                                                                     of the strategy developed under subsection
                                             weather conditions and high energy costs,                                                                      electric power industry;
                                             including electricity, space heating and cool-          (b)(2)(B).
                                                                                                                                                              (6) academic institutions;
                                             ing, and transportation.                                  (e) MUNICIPAL MICRO-GRID SYSTEMS.—                     (7) independent research institutes; and
                                                (C) Phase III, which shall be carried out in           (1) REPORT.—Not later than 270 days after              (8) other entities.
                                             parallel with Phase II and consist of the de-           the date of enactment of this Act, the Sec-              (d) EFFECT.—Nothing in this section grants
                                             velopment of an implementation strategy to              retary shall submit to the Committee on En-            any person a right to receive or review con-
                                             promote the development of micro-grid sys-              ergy and Natural Resources of the Senate               fidential, proprietary, or otherwise protected
                                             tems that increase the resilience of critical           and the Committee on Energy and Commerce               information concerning grid architecture or
                                             infrastructure.                                         of the House of Representatives a report on            scenarios.
                                                (D) Phase IV, which shall consist of cost-           the benefits of, and barriers to, imple-               SEC. 2214. VOLUNTARY MODEL PATHWAYS.
                                             shared demonstration projects, based upon               menting resilient micro-grid systems that                (a) ESTABLISHMENT OF VOLUNTARY MODEL
                                             the strategies developed under subparagraph             are—                                                   PATHWAYS.—
                                             (B) that include the development of physical              (A)(i) owned or operated by isolated com-              (1) ESTABLISHMENT.—Not later than 90 days
                                             and cybersecurity plans to take appropriate             munities or municipal governments; or                  after the date of enactment of this Act, the
                                             measures to protect and secure the electric               (ii) operated on behalf of municipal govern-         Secretary, in consultation with the steering
                                             grid.                                                   ments; and                                             committee established under paragraph (3),
                                                (E) Phase V, which shall establish a bene-             (B) designed to maximize the use of—                 shall initiate the development of voluntary
                                             fits analysis plan to help inform regulators,             (i) energy-generation facilities owned or            model pathways for modernizing the electric
                                             policymakers, and industry stakeholders                 operated by isolated communities; or                   grid through a collaborative, public-private
                                             about the affordability, environmental and                (ii) municipal energy-generation facilities.         effort that—
                                             resilience benefits associated with Phases II,            (2) GRANTS TO OVERCOME BARRIERS.—The                   (A) produces illustrative policy pathways




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




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00065   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1574                                             CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                               (C) ensures a reliable, resilient, affordable,          (3) identification of tools, resources, and          through 2216 $200,000,000 for each of fiscal
                                             safe, and secure electric grid; and                     deployment models that may enable im-                  years 2021 through 2029.
                                               (D) acknowledges and accounts for dif-                proved performance through the adoption of             SEC. 2218. STUDY ON THE IMPLEMENTATION OF
                                             ferent priorities, electric systems, and rate           emerging, commercially available or ad-                            MICROGRIDS IN WILDFIRE RISK
                                             structures across States and regions.                   vanced grid technologies or solutions, in-                         AREAS.
                                               (2) OBJECTIVES.—The pathways established              cluding—                                                 Not later than 180 days after the date of
                                             under paragraph (1) shall facilitate achieve-             (A) multicustomer micro-grids;                       enactment of this Act, the Secretary shall—
                                             ment of as many of the following objectives               (B) distributed energy resources;                      (1) conduct a study relating to the imple-
                                             as practicable:                                           (C) energy storage;                                  mentation of microgrids in wildfire risk
                                               (A) Near real-time situational awareness of             (D) electric vehicles;                               areas, including assessments of—
                                             the electric system.                                      (E) electric vehicle charging infrastruc-              (A) the means by which utilities can better
                                               (B) Data visualization.                               ture;                                                  plan for that implementation;
                                               (C) Advanced monitoring and control of                  (F) integrated information and commu-                  (B) any permitting changes at the local,
                                             the advanced electric grid.                             nications systems;                                     State, or Federal level that are necessary for
                                               (D) Enhanced certainty of policies for in-              (G) transactive energy systems; and                  that implementation; and
                                             vestment in the electric grid.                            (H) advanced demand management sys-                    (C) any other barriers to that implementa-
                                               (E) Increased innovation.                             tems; and                                              tion; and
                                               (F) Greater consumer empowerment.                       (4) the role of States and local regulatory            (2) make publicly available the results of
                                               (G) Enhanced grid resilience, reliability,            authorities in enabling a robust future elec-          the study conducted under paragraph (1).
                                             and robustness.                                         tric grid to ensure that—                              SEC. 2219. NET METERING STUDY AND EVALUA-
                                               (H) Improved—                                           (A) electric utilities remain financially                        TION.
                                               (i) integration of distributed energy re-             viable;                                                  (a) IN GENERAL.—Not later than 180 days
                                             sources;                                                  (B) electric utilities make the needed in-           after the date of enactment of this Act, the
                                               (ii) interoperability of the electric system;         vestments that ensure a reliable, secure, and          Secretary shall seek to enter into an agree-
                                             and                                                     resilient grid; and                                    ment with the National Academies of
                                               (iii) predictive modeling and capacity fore-            (C) costs incurred to transform to an inte-          Sciences, Engineering, and Medicine (re-
                                             casting.                                                grated grid are allocated and recovered re-            ferred to in this section as the ‘‘National
                                               (I) Reduced cost of service for consumers.            sponsibly, efficiently, and equitably.                 Academies’’) under which the National Acad-
                                               (J) Diversification of generation sources.            SEC. 2216. VOLUNTARY STATE, REGIONAL, AND              emies shall—
                                                                                                                 LOCAL ELECTRICITY DISTRIBUTION               (1) study the opportunities and challenges
                                               (3) STEERING COMMITTEE.—Not later than 90                         PLANNING.
                                             days after the date of enactment of this Act,                                                                  associated with net metering; and
                                                                                                       (a) IN GENERAL.—On the request of a State,             (2) evaluate the expected medium- and
                                             the Secretary shall establish a steering com-           regional organization, or electric utility, the
                                             mittee to help develop the pathways under                                                                      long-term impacts of net metering.
                                                                                                     Secretary shall provide assistance to States,            (b) ELEMENTS.—The study and evaluation
                                             paragraph (1), to be composed of members                regional organizations, and electric utilities
                                             appointed by the Secretary, consisting of                                                                      conducted pursuant to the agreement en-
                                                                                                     to facilitate the development of State, re-
                                             persons with appropriate expertise rep-                                                                        tered into under subsection (a) shall ad-
                                                                                                     gional, and local electricity distribution
                                             resenting a diverse range of interests in the                                                                  dress—
                                                                                                     plans by—
                                             public, private, and academic sectors, includ-                                                                   (1) developments in net metering, includ-
                                                                                                       (1) conducting a resource assessment and
                                             ing representatives of—                                 analysis of future demand and distribution             ing the emergence of new technologies;
                                               (A) the Federal Energy Regulatory Com-                requirements; and                                        (2) alternatives to existing metering sys-
                                             mission;                                                  (2) developing open source tools for State,          tems that—
                                               (B) the National Laboratories;                        regional, and local planning and operations.             (A) provide for transactions that—
                                               (C) States;                                             (b) RISK AND SECURITY ANALYSIS.—The as-                (i) measure electric energy consumption by
                                               (D) State regulatory authorities;                     sessment under subsection (a)(1) shall in-             an electric consumer at the home or facility
                                               (E) transmission organizations;                       clude—                                                 of that electric consumer; and
                                               (F) representatives of all sectors of the               (1) the evaluation of the physical security,           (ii) are capable of sending electric energy
                                             electric power industry;                                cybersecurity, and associated communica-               usage information through a communica-
                                               (G) institutions of higher education;                 tions needs of an advanced distribution man-           tions network to an electric utility;
                                               (H) independent research institutes; and              agement system and the integration of dis-               (B) promote equitable distribution of re-
                                               (I) other entities.                                   tributed energy resources; and                         sources and costs; and
                                               (b) TECHNICAL ASSISTANCE.—The Secretary                 (2) advanced use of grid architecture to               (C) provide incentives for the use of dis-
                                             may provide technical assistance to States,             analyze risks in an all-hazards approach that          tributed renewable generation;
                                             Indian Tribes, or units of local government             includes communications infrastructure,                  (3) net metering planning and operating
                                             to adopt or implement one or more elements              control systems architecture, and power sys-           techniques;
                                             of the pathways developed under subsection              tems architecture.                                       (4) effective architecture for net metering;
                                             (a)(1), including on a pilot basis.                       (c) DESIGNATION.—The information col-                  (5) successful net metering business mod-
                                             SEC. 2215. PERFORMANCE METRICS FOR ELEC-                lected for the assessment and analysis under           els;
                                                         TRICITY INFRASTRUCTURE  PRO-                subsection (a)(1)—                                       (6) consumer and industry incentives for
                                                         VIDERS.                                       (1) shall be considered to be critical elec-         net metering;
                                               (a) IN GENERAL.—Not later than 2 years                tric infrastructure information under section            (7) the role of renewable resources in the
                                             after the date of enactment of this Act, the            215A of the Federal Power Act (16 U.S.C.               electric grid;
                                             Secretary, in consultation with the steering            824o–1); and                                             (8) the role of net metering in developing
                                             committee       established   under     section           (2) shall only be released in compliance             future models for renewable infrastructure;
                                             2214(a)(3), shall submit to the Committee on            with regulations implementing that section.            and
                                             Energy and Natural Resources of the Senate                (d) TECHNICAL ASSISTANCE.—For the pur-                 (9) the use of battery storage with net me-
                                                                                                     pose of assisting in the development of State          tering.
                                             and the Committee on Energy and Commerce
                                                                                                     and regional electricity distribution plans,             (c) REPORT.—
                                             of the House of Representatives a report that
                                                                                                     the Secretary shall provide technical assist-            (1) IN GENERAL.—The agreement entered
                                             includes—
                                                                                                     ance to—                                               into under subsection (a) shall require the
                                               (1) an evaluation of the performance of the
                                                                                                       (1) States;                                          National Academies to submit to the Sec-
                                             electric grid as of the date of the report; and
                                                                                                       (2) regional reliability entities; and               retary, not later than 2 years after entering
                                               (2) a description of the projected range of
                                                                                                       (3) other distribution asset owners and op-          into the agreement, a report that describes
                                             measurable costs and benefits associated
                                                                                                     erators.                                               the results of the study and evaluation con-
                                             with the changes evaluated under the sce-                 (e) WITHDRAWAL.—A State or any entity
                                             narios developed under section 2213.                                                                           ducted pursuant to the agreement.
                                                                                                     that has requested technical assistance                  (2) PUBLIC AVAILABILITY.—The report sub-
                                               (b) CONSIDERATIONS FOR DEVELOPMENT OF                 under this section may withdraw the request            mitted under paragraph (1) shall be made
                                             METRICS.—In developing metrics for the                  for technical assistance at any time, and on           available to the public through electronic
                                             evaluation and projections under subsection             such withdrawal, the Secretary shall termi-            means, including the internet.
                                             (a), the Secretary shall consider—                      nate all assistance efforts.
                                               (1) standard methodologies for calculating              (f) EFFECT.—Nothing in this section au-                    Subtitle C—Workforce Development
                                             improvements or deteriorations in the per-              thorizes the Secretary to require any State,           SEC. 2301. DEFINITIONS.




dlhill on DSKBBY8HB2PROD with SENATE
                                             formance metrics, such as reliability, grid             regional organization, regional reliability              In this subtitle:
                                             efficiency, power quality, consumer satisfac-           entity, asset owner, or asset operator to                (1) WIOA TERMS.—The terms ‘‘community-
                                             tion, sustainability, and financial incentives;         adopt any model, tool, plan, analysis, or as-          based organization’’, ‘‘economic development
                                               (2) standard methodologies for calculating            sessment.                                              agency’’, ‘‘recognized postsecondary creden-
                                             potential costs and measurable benefits                 SEC. 2217. AUTHORIZATION OF APPROPRIATIONS.            tial’’, and ‘‘State’’ have the meanings given
                                             value to ratepayers, applying the perform-                There is authorized to be appropriated to            the terms in section 3 of the Workforce Inno-
                                             ance metrics developed under paragraph (1);             the Secretary to carry out sections 2211               vation and Opportunity Act (29 U.S.C. 3102).




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00066   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1575
                                                (2) APPRENTICESHIP PROGRAM.—The term                    (12) MINORITY-SERVING INSTITUTION.—The                ‘‘(B) specify a maximum amount of reason-
                                             ‘‘apprenticeship program’’ means an appren-             term ‘‘minority-serving institution’’ means            able compensation for the category of em-
                                             ticeship registered under the Act of August             an institution of higher education eligible to         ployees or other personnel;
                                             16, 1937 (commonly known as the ‘‘National              receive funds under section 320 or 371(a) of             ‘‘(C) be valid for a 5-year period beginning
                                             Apprenticeship Act’’) (50 Stat. 664, chapter            the Higher Education Act of 1965 (20 U.S.C.            on the date on which the certification is
                                             663; 29 U.S.C. 50 et seq.), including, as in ef-        1059g, 1067q(a)).                                      issued;
                                             fect on December 30, 2019, any requirement,                (13)     PREAPPRENTICESHIP.—The         term          ‘‘(D) be no broader than necessary to
                                             standard, or rule promulgated under that                ‘‘preapprenticeship’’, used with respect to a          achieve the objective of retaining or attract-
                                             Act.                                                    program, means an initiative or set of strat-          ing employees and other personnel to allow
                                                (3) AREA CAREER AND TECHNICAL EDUCATION              egies that—                                            the Commission to carry out the functions of
                                             SCHOOL.—The term ‘‘area career and tech-                   (A) is designed to prepare participants to          the Commission in a timely, efficient, and
                                             nical education school’’ has the meaning                enter an apprenticeship program;                       effective manner; and
                                             given the term in section 3 of the Carl D.                 (B) is carried out by an eligible sponsor             ‘‘(E) include an explanation for why the
                                             Perkins Career and Technical Education Act              that has a documented partnership with 1 or            other approaches available to the Chairman
                                             of 2006 (20 U.S.C. 2302).                               more sponsors of apprenticeship programs;              for retaining and attracting employees and
                                                (4) BOARD.—The term ‘‘Board’’ means the              and                                                    other personnel are inadequate.
                                             21st Century Energy Workforce Advisory                     (C) includes each of the following:                   ‘‘(3) RENEWAL.—
                                             Board established under section 2304(a).                   (i) Training (including a curriculum for the          ‘‘(A) IN GENERAL.—Not later than 90 days
                                                                                                     training) aligned with industry standards re-          before the date of expiration of a certifi-
                                                (5) COVERED FACILITY OF THE NATIONAL NU-
                                                                                                     lated to an apprenticeship program and re-             cation issued under paragraph (1), the Chair-
                                             CLEAR SECURITY ADMINISTRATION.—The term
                                                                                                     viewed and approved annually by sponsors of            man shall determine whether the certifi-
                                             ‘‘covered facility of the National Nuclear Se-
                                                                                                     the apprenticeship program within the docu-            cation should be renewed for a subsequent 5-
                                             curity Administration’’ means a national se-
                                                                                                     mented partnership that will prepare partici-          year period.
                                             curity laboratory or a nuclear weapons pro-
                                                                                                     pants by teaching the skills and com-                    ‘‘(B) REQUIREMENT.—If the Chairman deter-
                                             duction facility (as those terms are defined
                                                                                                     petencies needed to enter 1 or more appren-            mines that a certification should be renewed
                                             in section 4002 of the Atomic Energy Defense                                                                   under subparagraph (A), the Chairman may
                                             Act (50 U.S.C. 2501)).                                  ticeship programs.
                                                                                                        (ii) Hands-on training and theoretical edu-         renew the certification, subject to the cer-
                                                (6) ELIGIBLE SPONSOR.—The term ‘‘eligible                                                                   tification requirements under paragraph (2)
                                             sponsor’’ means a public organization or an             cation for participants that does not displace
                                                                                                     a paid employee.                                       that were applicable to the initial certifi-
                                             organization described in section 501(c) of                                                                    cation.
                                             the Internal Revenue Code of 1986 and ex-                  (iii) A formal agreement with a sponsor of
                                                                                                     an apprenticeship program that would enable              ‘‘(4) NEW HIRES.—
                                             empt from tax under section 501(a) of that                                                                       ‘‘(A) IN GENERAL.—An employee or other
                                             Code, that—                                             participants who successfully complete the
                                                                                                     preapprenticeship program—                             personnel that is a member of a category of
                                                (A) with respect to an apprenticeship pro-                                                                  employees or other personnel that would
                                             gram, administers such program through a                   (I) to enter directly into the apprenticeship
                                                                                                     program if a place in the program is avail-            have been covered by a certification issued
                                             partnership that may include—                                                                                  under paragraph (1), but was hired during a
                                                (i) a business;                                      able and if the participant meets the quali-
                                                                                                                                                            period in which the certification has expired
                                                (ii) an employer or industry association;            fications of the apprenticeship program; and
                                                                                                                                                            and has not been renewed under paragraph
                                                (iii) a labor-management organization;                  (II) to earn credits towards the apprentice-
                                                                                                                                                            (3) shall not be eligible for compensation at
                                                (iv) a local workforce development board             ship program.
                                                                                                                                                            the level that would have applied to the em-
                                             or State workforce development board;                      (14) SECONDARY SCHOOL.—The term ‘‘sec-
                                                                                                                                                            ployee or other personnel if the certification
                                                (v) a 2- or 4-year institution of higher edu-        ondary school’’ has the meaning given the
                                                                                                                                                            had been in effect on the date on which the
                                             cation that offers an educational program               term in section 8101 of the Elementary and
                                                                                                                                                            employee or other personnel was hired.
                                             leading to an associate’s or bachelor’s degree          Secondary Education Act of 1965 (20 U.S.C.
                                                                                                                                                              ‘‘(B) COMPENSATION OF NEW HIRES ON RE-
                                             in conjunction with a certificate of comple-            7801).
                                                                                                                                                            NEWAL.—On renewal of a certification under
                                             tion of apprenticeship;                                    (15)    STATE    WORKFORCE      DEVELOPMENT
                                                                                                                                                            paragraph (3), the Chairman may fix the
                                                (vi) the Armed Forces (including the Na-             BOARD.—The term ‘‘State workforce develop-
                                                                                                                                                            compensation of the employees or other per-
                                             tional Guard and Reserves);                             ment board’’ has the meaning given the term            sonnel described in subparagraph (A) at the
                                                (vii) a community-based organization;                ‘‘State board’’ in section 3 of the Workforce          level established for the category of employ-
                                                (viii) a labor organization with significant         Innovation and Opportunity Act (29 U.S.C.              ees or other personnel in the certification.
                                             energy experience; or                                   3102).                                                   ‘‘(5) RETENTION OF LEVEL OF FIXED COM-
                                                (ix) an economic development agency; and                (16) TRIBAL ORGANIZATION.—The term ‘‘trib-          PENSATION.—A category of employees or
                                                (B) with respect to a preapprenticeship              al organization’’ has the meaning given the            other personnel, the compensation of which
                                             program, is a local educational agency, a               term in section 3765 of title 38, United States        was fixed by the Chairman in accordance
                                             secondary school, an area career and tech-              Code.                                                  with paragraph (1), may, at the discretion of
                                             nical education school, a State workforce de-           SEC.   2302.   ADDRESSING INSUFFICIENT COM-            the Chairman, have the level of fixed com-
                                             velopment board, a local workforce develop-                            PENSATION OF EMPLOYEES AND              pensation for the category of employees or
                                             ment board, a labor organization, or a com-                            OTHER PERSONNEL OF THE FED-             other personnel retained, regardless of
                                             munity-based organization, that administers                            ERAL ENERGY REGULATORY COM-             whether a certification described under that
                                                                                                                    MISSION.
                                             such program with any required coordina-                                                                       paragraph is in effect with respect to the
                                             tion and necessary approvals from the Sec-                (a) IN GENERAL.—Section 401 of the Depart-           compensation of the category of employees
                                             retary of Labor or a State department of                ment of Energy Organization Act (42 U.S.C.             or other personnel.
                                             labor.                                                  7171) is amended by adding at the end the fol-           ‘‘(6) CONSULTATION REQUIRED.—The Chair-
                                                (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’          lowing:                                                man shall consult with the Director of the
                                             has the meaning given the term in section 4               ‘‘(k) ADDRESSING INSUFFICIENT COMPENSA-              Office of Personnel Management in imple-
                                             of the Indian Self-Determination and Edu-               TION OF EMPLOYEES AND OTHER PERSONNEL OF               menting this subsection, including in the de-
                                             cation Assistance Act (25 U.S.C. 5304).                 THE COMMISSION.—                                       termination of the amount of compensation
                                                (8) INSTITUTION OF HIGHER EDUCATION.—The               ‘‘(1) IN GENERAL.—Notwithstanding any                with respect to each category of employees
                                             term ‘‘institution of higher education’’ has            other provision of law, if the Chairman pub-           or other personnel.
                                             the meaning given the term in section 101               licly certifies that compensation for a cat-             ‘‘(7) EXPERTS AND CONSULTANTS.—
                                             and subparagraphs (A) and (B) of section                egory of employees or other personnel of the             ‘‘(A) IN GENERAL.—Subject to subparagraph
                                             102(a)(1) of the Higher Education Act of 1965           Commission is insufficient to retain or at-            (B), the Chairman may—
                                             (20 U.S.C. 1001, 1002(a)(1)).                           tract employees and other personnel to allow             ‘‘(i) obtain the services of experts and con-
                                                (9) LABOR ORGANIZATION.—The term ‘‘labor             the Commission to carry out the functions of           sultants in accordance with section 3109 of
                                             organization’’ has the meaning given the                the Commission in a timely, efficient, and             title 5, United States Code;
                                             term in section 2 of the National Labor Rela-           effective manner, the Chairman may fix the               ‘‘(ii) compensate those experts and consult-
                                             tions Act (29 U.S.C. 152).                              compensation for the category of employees             ants for each day (including travel time) at
                                                (10) LOCAL EDUCATIONAL AGENCY.—The term              or other personnel without regard to chapter           rates not in excess of the rate of pay for level
                                             ‘‘local educational agency’’ has the meaning            51 and subchapter III of chapter 53 of title 5,        IV of the Executive Schedule under section
                                             given the term in section 8101 of the Elemen-           United States Code, or any other civil serv-           5315 of that title; and
                                             tary and Secondary Education Act of 1965 (20            ice law.                                                 ‘‘(iii) pay to the experts and consultants




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




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00067   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1576                                             CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                               ‘‘(i) to the maximum extent practicable,              15 members, with the initial members of the            report is submitted to the Secretary under
                                             limit the use of experts and consultants pur-           Board to be appointed by the Secretary not             subparagraph (A), the Secretary shall—
                                             suant to subparagraph (A); and                          later than 1 year after the date of enactment            (i) submit to the Board a response to the
                                               ‘‘(ii) ensure that the employment contract            of this Act.                                           report that—
                                             of each expert and consultant employed pur-               (2) REQUIREMENT.—The Board shall include               (I) describes whether the Secretary ap-
                                             suant to subparagraph (A) is subject to re-             not fewer than 1 representative of a labor or-         proves or disapproves of each recommenda-
                                             newal not less frequently than annually.’’.             ganization with significant energy experi-             tion of the Board under subparagraph (A);
                                               (b) REPORTS.—                                         ence who has been nominated by a national              and
                                               (1) IN GENERAL.—Not later than 1 year after           labor federation.                                        (II) if the Secretary approves of a rec-
                                             the date of enactment of this Act, and every              (3) QUALIFICATIONS.—Each individual ap-              ommendation, provides an implementation
                                             2 years thereafter for 10 years, the Chairman           pointed to the Board under paragraph (1)               plan for the recommendation; and
                                             of the Federal Energy Regulatory Commis-                shall have expertise in—                                 (ii) submit to Congress—
                                             sion shall submit to the Committee on En-                 (A) the field of economics or workforce de-            (I) the report of the Board under subpara-
                                             ergy and Commerce of the House of Rep-                  velopment;                                             graph (A); and
                                             resentatives and the Committee on Energy                  (B) relevant traditional energy industries             (II) the response of the Secretary under
                                             and Natural Resources of the Senate a report            or clean energy industries;                            clause (i).
                                             on information relating to hiring, vacancies,             (C) secondary or postsecondary education;              (C) PUBLIC AVAILABILITY OF REPORT.—
                                             and compensation at the Federal Energy                    (D) energy workforce development or ap-                (i) IN GENERAL.—The Board shall make
                                             Regulatory Commission.                                  prenticeship programs of States or units of            each report under subparagraph (A) available
                                               (2) INCLUSIONS.—Each report under para-               local government;                                      to the public on the earlier of—
                                             graph (1) shall include—                                  (E) relevant organized labor organizations;            (I) the date on which the Board receives
                                               (A) an analysis of any trends with respect            or                                                     the response of the Secretary under subpara-
                                             to hiring, vacancies, and compensation at                 (F) bringing underrepresented groups, in-            graph (B)(i); and
                                             the Federal Energy Regulatory Commission;               cluding racial and ethnic minorities, women,             (II) the date that is 90 days after the date
                                             and                                                     veterans, and socioeconomically disadvan-              on which the Board submitted the report to
                                               (B) a description of the efforts to retain            taged individuals, into the workforce.                 the Secretary.
                                             and attract employees or other personnel re-              (4) LIMITATION.—No individual shall be ap-             (ii) REQUIREMENT.—If the Board has re-
                                             sponsible for conducting work of a scientific,          pointed to the Board who is an employee or             ceived a response to a report from the Sec-
                                             technological, engineering, or mathematical             a board member of an entity applying for a             retary under subparagraph (B)(i), the Board
                                             nature at the Federal Energy Regulatory                                                                        shall make that response publicly available
                                                                                                     grant under section 2305 or 2306.
                                             Commission.                                                                                                    with the applicable report.
                                               (c) APPLICABILITY.—The amendment made                   (c) ADVISORY BOARD REVIEW AND REC-                     (d) ENERGY JOBS SURVEY AND ANALYSIS.—
                                             by subsection (a) shall apply beginning on              OMMENDATIONS.—                                           (1) IN GENERAL.—The Secretary, acting
                                             the date that is 30 days after the date of en-            (1) DETERMINATION BY BOARD.—In devel-                through the Administrator of the Energy In-
                                             actment of this Act.                                    oping the strategy required under subsection           formation Administration, shall—
                                             SEC. 2303. REPORT ON THE AUTHORITY OF THE               (a), the Board shall—                                    (A) conduct a voluntary survey of employ-
                                                         SECRETARY TO IMPLEMENT FLEXI-                 (A) determine whether there are opportuni-           ers in the energy, energy efficiency, and
                                                         BLE COMPENSATION MODELS.                    ties to more effectively and efficiently use           motor vehicle sectors of the economy of the
                                               Not later than 180 days after the date of             the capabilities of the Department in the de-          United States; and
                                             enactment of this Act, the Secretary shall              velopment of a skilled energy workforce;                 (B) perform an analysis of the employment
                                             submit to Congress a report examining the                 (B) identify ways in which the Department            figures and demographics in those sectors,
                                             full scope of the hiring authority made avail-          could work with other relevant Federal                 including the number of personnel in each
                                             able to the Secretary by the Office of Per-             agencies, States, units of local government,           sector who devote a substantial portion of
                                             sonnel Management to implement flexible                 institutions of higher education, labor orga-          working hours, as determined by the Sec-
                                             compensation models, including pay for per-             nizations, Indian tribes and tribal organiza-          retary, to compliance matters.
                                             formance and pay banding, throughout the                tions, and industry in the development of a              (2) METHODOLOGY.—In conducting the sur-
                                             Department, including at the National Lab-              skilled energy workforce;                              vey and analysis under paragraph (1), the
                                             oratories, for the purposes of hiring, recruit-           (C) identify ways in which the Department            Secretary shall employ a methodology
                                             ing, and retaining employees responsible for            and National Laboratories can—                         that—
                                             conducting work of a scientific, techno-                  (i) increase outreach to minority-serving              (A) was approved in 2016 by the Office of
                                             logical, engineering, or mathematical na-               institutions; and                                      Management and Budget for use in the docu-
                                             ture.
                                                                                                       (ii) make resources available to increase            ment entitled ‘‘OMB Control Number 1910–
                                             SEC. 2304. 21ST CENTURY ENERGY WORKFORCE
                                                                                                     the number of skilled minorities and women             5179’’;
                                                         ADVISORY BOARD.
                                                                                                     trained to go into the energy- and manufac-              (B) uses a representative, stratified sam-
                                               (a) ESTABLISHMENT.—The Secretary shall
                                                                                                     turing-related sectors;                                pling of businesses in the United States; and
                                             establish a board, to be known as the ‘‘21st
                                             Century Energy Workforce Advisory Board’’,                (iii) increase outreach to displaced and un-           (C) is designed to elicit a comparable num-
                                             to develop a strategy for the Department                employed energy sector workers; and                    ber of responses from businesses in each
                                             that, with respect to the role of the Depart-             (iv) make resources available to provide             State and with the same North American In-
                                             ment in the support and development of a                training to displaced and unemployed energy            dustry Classification System codes as were
                                             skilled energy workforce—                               sector workers to reenter the energy work-             received for the 2016 and 2017 reports entitled
                                               (1) meets the current and future industry             force; and                                             ‘‘U.S. Energy and Employment Report’’.
                                             and labor needs of the energy sector;                     (D)(i) identify the energy sectors in great-           (3) CONSULTATION.—In conducting the sur-
                                               (2) provides opportunities for students to            est need of workforce training; and                    vey and analysis under paragraph (1), the
                                             become qualified for placement in tradi-                  (ii) in consultation with the Secretary of           Secretary shall consult with key stake-
                                             tional energy sector and clean energy sector            Labor, develop guidelines for the skills nec-          holders, including—
                                             jobs;                                                   essary to develop a workforce trained to                 (A) as the Secretary determines to be ap-
                                               (3) identifies areas in which the Depart-             work in those energy sectors.                          propriate, the heads of relevant Federal
                                             ment can effectively utilize the technical ex-            (2) REQUIRED ANALYSIS.—In developing the             agencies and offices, including—
                                             pertise of the Department to support the                strategy required under subsection (a), the              (i) the Secretary of Commerce;
                                             workforce activities of other Federal agen-             Board shall analyze the effectiveness of—                (ii) the Secretary of Transportation;
                                             cies;                                                     (A) existing Department-directed support;              (iii) the Director of the Bureau of the Cen-
                                               (4) strengthens and engages the workforce             and                                                    sus;
                                             training programs of the Department and                   (B) developing energy workforce training               (iv) the Commissioner of the Bureau of
                                             the National Laboratories in carrying out               programs.                                              Labor Statistics; and
                                             the Minorities in Energy Initiative of the                (3) REPORT.—                                           (v) the Administrator of the Environ-
                                             Department and other Department work-                     (A) IN GENERAL.—Not later than 1 year                mental Protection Agency;
                                             force priorities;                                       after the date on which the Board is estab-              (B) officials of State agencies responsible
                                               (5) develops plans to support and retrain             lished under this section, and biennially              for maintaining State employment data;
                                             displaced and unemployed energy sector                  thereafter until the date on which the Board             (C) the State Energy Advisory Board estab-
                                             workers; and                                            is terminated under subsection (g), the Board          lished by section 365(g) of the Energy Policy
                                               (6) prioritizes education and job training            shall submit to the Secretary a report con-            and Conservation Act (42 U.S.C. 6325(g));




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




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00068   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1577
                                             (g), the Secretary shall submit to the Com-               (3) encourage the energy industry to im-             prenticeship programs to careers relevant to
                                             mittees on Energy and Natural Resources                 prove the opportunities for students of mi-            such programs.
                                             and Appropriations of the Senate and the                nority-serving institutions, veterans, and               (d) APPLICATIONS.—An eligible entity desir-
                                             Committees on Energy and Commerce and                   displaced and unemployed energy workers to             ing a grant under this section shall submit
                                             Appropriations of the House of Representa-              participate          in          internships,          to the Secretary an application at such time,
                                             tives a report that—                                    preapprenticeships, and cooperative work-              in such manner, and containing such infor-
                                               (A) describes the effectiveness and accom-            study programs in the energy industry; and             mation as the Secretary may require.
                                             plishments of the Board during the applica-               (4) work with the National Laboratories to             (e) PRIORITY.—In selecting eligible entities
                                             ble term;                                               increase the participation of underrep-                to receive grants under this section, the Sec-
                                               (B) contains a determination of the Sec-              resented groups, veterans, and displaced and           retary shall prioritize applicants that—
                                             retary as to whether the Board should be re-            unemployed energy workers in internships,                (1) house the preapprenticeship or appren-
                                             newed; and                                              fellowships, training programs, and employ-            ticeship programs in an institution of higher
                                               (C) if the Secretary determines that the              ment at the National Laboratories.                     education that includes basic science and
                                             Board should be renewed, any recommenda-                  (g) TERM.—                                           math education in the curriculum of the in-
                                             tions as to whether and how the scope and                 (1) IN GENERAL.—Subject to paragraph (2),            stitution of higher education;
                                             functions of the Board should be modified.              the Board shall terminate on September 30,               (2) work with the Secretary of Defense and
                                               (2) ENERGY AND EMPLOYMENT REPORT.—                    2025.                                                  the Secretary of Veterans Affairs or veteran
                                               (A) IN GENERAL.—Not later than 1 year                   (2) EXTENSIONS.—The Secretary may renew              service organizations recognized by the Sec-
                                             after the date of enactment of this Act, and            the Board for 1 or more 5-year periods by              retary of Veterans Affairs under section 5902
                                             annually thereafter, the Secretary shall—               submitting, not later than the date described          of title 38, United States Code, to transition
                                               (i) make publicly available on the website            in subsection (e)(1), a report described in            members of the Armed Forces and veterans
                                             of the Department a report, to be entitled              that subsection that contains a determina-             to careers in the energy sector;
                                             the ‘‘U.S. Energy and Employment Report’’,              tion by the Secretary that the Board should              (3) work with—
                                             describing the employment figures and de-               be renewed.                                              (A) Indian tribes;
                                             mographics in the energy, energy efficiency,                                                                     (B) tribal organizations; and
                                                                                                     SEC. 2305. NATIONAL LABORATORY JOBS ACCESS
                                             and motor vehicle sectors of the United                             PILOT PROGRAM.                               (C) Native American veterans (as defined
                                             States based on the survey and analysis con-                                                                   in section 3765 of title 38, United States
                                                                                                       (a) IN GENERAL.—Not later than 1 year
                                             ducted under subsection (d); and                                                                               Code), including veterans who are descend-
                                                                                                     after the date of enactment of this Act, the
                                               (ii) subject to the requirements of the Con-                                                                 ants of Natives (as defined in section 3 of the
                                                                                                     Secretary, in consultation with the Sec-
                                             fidential Information Protection and Statis-
                                                                                                     retary of Labor, shall establish a pilot pro-          Alaska Native Claims Settlement Act (43
                                             tical Efficiency Act of 2002 (44 U.S.C. 3501
                                                                                                     gram to award, on a competitive basis,                 U.S.C. 1602));
                                             note; Public Law 107–347), make the data col-
                                                                                                     grants to eligible entities described in sub-            (4) apply as a State or regional consortia
                                             lected under subsection (d) publicly available
                                                                                                     section (c) for the Federal share of the costs         to leverage best practices already available
                                             on the website of the Department.
                                                                                                     of technical, skills-based preapprenticeship           in the State or region in which an institu-
                                               (B) CONTENTS.—
                                                                                                     and apprenticeship programs that provide               tion of higher education is located;
                                               (i) IN GENERAL.—The report under subpara-
                                                                                                     employer-driven or recognized postsecondary              (5) have a State-supported entity included
                                             graph (A) shall include employment figures
                                                                                                     credentials.                                           in the consortium applying for the grant;
                                             and demographic data for—
                                                                                                       (b) REQUIREMENTS.—A program funded by a                (6) provide support services and career
                                               (I) the energy sector of the economy of the
                                             United States, including—                               grant awarded under this section shall de-             coaching;
                                               (aa) the electric power generation and                velop and deliver customized and com-                    (7) provide introductory energy workforce
                                             fuels sectors; and                                      petency-based training that—                           development training;
                                               (bb) the transmission, storage, and dis-                (1) is focused on skills and qualifications            (8) work with minority-serving institutions
                                             tribution sectors;                                      needed to meet the immediate and on-going              to provide job training to increase the num-
                                               (II) the energy efficiency sector of the              needs of traditional and emerging technician           ber of skilled minorities and women in the
                                             economy of the United States; and                       positions (including machinists and cyber se-          energy sector; or
                                               (III) the motor vehicle sector of the econ-           curity technicians) at the National Labora-              (9) provide job training for displaced and
                                             omy of the United States.                               tories and covered facilities of the National          unemployed workers in the energy sector.
                                               (ii) INCLUSION.—With respect to each sector           Nuclear Security Administration;                         (f) ADDITIONAL CONSIDERATION.—In making
                                             described in clause (i), the report under sub-            (2) creates an apprenticeship program or             grants under this section, the Secretary
                                             paragraph (A) shall include employment fig-             preapprenticeship partnership with a Na-               shall consider regional diversity.
                                             ures and demographic data sorted by—                    tional Laboratory or covered facility of the             (g) LIMITATION ON APPLICATIONS.—An eligi-
                                               (I) each technology, subtechnology, and               National Nuclear Security Administration;              ble entity may not submit, either individ-
                                             fuel type of those sectors; and                         and                                                    ually or as part of a joint application, more
                                               (II) subject to the requirements of the Con-            (3) creates an apprenticeship program or             than 1 application for a grant under this sec-
                                             fidential Information Protection and Statis-            preapprenticeship program with the Sec-                tion during any 1 fiscal year.
                                             tical Efficiency Act of 2002 (44 U.S.C. 3501            retary of Labor or a State department of                 (h) LIMITATIONS ON AMOUNT OF GRANT.—
                                             note; Public Law 107–347)—                              labor in coordination with a National Lab-             The amount of an individual grant for any
                                               (aa) each State;                                      oratory or covered facility of the National            24-month period shall not exceed $500,000.
                                               (bb) each territory of the United States;             Nuclear Security Administration.                         (i) FEDERAL SHARE.—The Federal share of
                                               (cc) the District of Columbia; and                      (c) ELIGIBLE ENTITIES.—To be eligible to             the cost of a preapprenticeship or appren-
                                               (dd) to the maximum extent practicable,               receive a grant under this section, an entity          ticeship program carried out using a grant
                                             each county (or equivalent jurisdiction) in             shall be an eligible sponsor that—                     under this section shall be not greater than
                                             the United States.                                        (1) demonstrates experience in imple-                50 percent.
                                               (f) OUTREACH TO MINORITY-SERVING INSTI-               menting and operating apprenticeship pro-                (j) REPORT.—Not later than 1 year after the
                                             TUTIONS, VETERANS, AND DISPLACED AND UN-                grams or preapprenticeship programs;                   date on which the first grant is awarded
                                             EMPLOYED ENERGY WORKERS.—In developing                    (2)(A) has a relationship with a National            under this section, and annually thereafter
                                             the strategy under subsection (a), the Board            Laboratory or covered facility of the Na-              for 5 years, the Secretary shall submit to
                                             shall—                                                  tional Nuclear Security Administration;                Congress and make publicly available on the
                                               (1) give special consideration to increasing            (B) has knowledge of technician workforce            website of the Department a report on the
                                             outreach to minority-serving institutions,              needs of such laboratory or facility and the           pilot program established under this section,
                                             veterans, and displaced and unemployed en-              associated security requirements of such lab-          including a description of—
                                             ergy workers;                                           oratory or facility; and                                 (1) the entities receiving grants;
                                               (2) make resources available to—                        (C) is eligible to enter into an agreement             (2) the activities carried out using the
                                               (A) minority-serving institutions, with the           with such laboratory or facility that would            grants;
                                             objective of increasing the number of skilled           be paid for in part or entirely from grant               (3) best practices used to leverage the in-
                                             minorities and women trained to go into the             funds received under this section;                     vestment of the Federal Government; and
                                             energy and manufacturing sectors;                         (3) demonstrates the ability to recruit and            (4) an assessment of the results achieved
                                               (B) institutions that serve veterans, with            support individuals who plan to work in the            by the pilot program, including the rate of
                                             the objective of increasing the number vet-             energy industry in the successful completion           employment at the National Laboratories
                                             erans in the energy industry by ensuring                of relevant job training and education pro-            for    participants    after    completing    a




dlhill on DSKBBY8HB2PROD with SENATE
                                             that veterans have the credentials and train-           grams;                                                 preapprenticeship or apprenticeship program
                                             ing necessary to secure careers in the energy             (4) provides students who complete a pro-            carried out using a grant awarded under this
                                             industry; and                                           gram funded by a grant awarded under this              section.
                                               (C) institutions that serve displaced and             section with a recognized postsecondary cre-             (k) AUTHORIZATION OF APPROPRIATIONS.—
                                             unemployed energy workers to increase the               dential; and                                           There is authorized to be appropriated to
                                             number of individuals trained for jobs in the             (5) demonstrates successful outcomes con-            carry out this section $5,000,000 for each of
                                             energy industry;                                        necting graduates of preapprenticeship or ap-          fiscal years 2021 through 2025.




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00069   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1578                                             CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                             SEC. 2306. CLEAN ENERGY WORKFORCE PILOT                   (A) IN GENERAL.—An eligible entity shall             ergy-Ready Vets Program’’, to prepare eligi-
                                                         PROGRAM.                                    use a grant received under the pilot program           ble participants for careers in the energy in-
                                                (a) DEFINITIONS.—In this section:                    to pay the Federal share of the cost of—               dustry.
                                                (1) COMMUNITY PARTNERSHIP.—The term                    (i) providing on-the-job training for an em-           (2) IMPLEMENTATION.—The Secretary shall
                                             ‘‘community partnership’’ includes a non-               ployee, in accordance with subparagraph (B);           ensure that the program is implemented by
                                             profit organization or qualified youth or con-          or                                                     an administrator, to be appointed by the
                                             servation corps that provides training to in-             (ii) in the case of a preapprenticeship pro-         Secretary from among individuals with expe-
                                             dividuals to work for an eligible entity that           gram—                                                  rience relating to military service.
                                             is a business, or works on behalf of an eligi-            (I) recruiting minorities, women, and vet-             (c) ADMINISTRATION OF PROGRAM.—
                                             ble entity that is a business.                          erans for training;                                      (1) IN GENERAL.—The Secretary, in partner-
                                                (2) ELIGIBLE ENTITY.—The term ‘‘eligible               (II) supporting those individuals in the suc-        ship with the Secretary of Defense, shall
                                             entity’’ means a business, labor organiza-              cessful completion of the preapprenticeship            carry out the program through the
                                             tion, or community partnership that—                    program; and                                           SkillBridge program of the Department of
                                                (A)(i) is directly involved with energy effi-          (III) carrying out any other activity of the         Defense, under which the Secretary shall
                                             ciency, renewable energy technology, or re-             preapprenticeship program, as determined to            provide standardized training courses, based,
                                             duction in greenhouse gas emissions, as de-             be appropriate by the Secretary of Labor, in           to the maximum extent practicable, on ex-
                                             termined by the Secretary of Labor in con-              consultation with the Secretary.                       isting industry-recognized certification and
                                             sultation with the Secretary; or                          (B) FEDERAL SHARE AMOUNT.—The Federal                training programs, to prepare eligible par-
                                                (ii) works on behalf of a business or com-           share described in subparagraph (A) shall not          ticipants in the program for careers in the
                                             munity partnership that is directly involved            exceed—                                                energy industry, including—
                                             with energy efficiency, renewable energy                  (i) for activities described in clause (i) of          (A) careers in low-carbon emissions sectors
                                             technology, or reduction in greenhouse gas              that subparagraph—                                     of the energy industry, including the solar
                                             emissions, as determined by the Secretary of              (I) in the case of an eligible entity with 20        sector, the wind sector, and other sectors
                                             Labor in consultation with the Secretary; or            or fewer employees, 45 percent of the cost of          identified by the Secretary;
                                                (B) provides services related to—                    on-the-job-training for an employee;                     (B) careers in the cybersecurity sector of
                                                (i) energy efficiency and renewable energy             (II) in the case of an eligible entity with          the energy industry, including careers in—
                                             technology deployment and maintenance;                  not fewer than 21 employees and not more                 (i) cybersecurity preparedness;
                                                (ii) grid modernization; or                          than 99 employees, 37.5 percent of the cost of           (ii) cyber incident response and recovery;
                                                (iii) reduction in greenhouse gas emissions          on-the-job-training for an employee; and                 (iii) grid modernization, security, and
                                             through the use of other low-carbon tech-                 (III) in the case of an eligible entity with         maintenance; and
                                             nologies.                                               not fewer than 100 employees, 25 percent of              (iv) resilience planning; and
                                                (3) PILOT PROGRAM.—The term ‘‘pilot pro-             the cost of on-the-job-training for an em-               (C) careers in sectors that plan, develop,
                                             gram’’ means the pilot program established              ployee; and                                            construct, maintain, and expand energy in-
                                             under subsection (b).                                     (ii) for activities described in clause (ii) of      dustry infrastructure.
                                                (b) ESTABLISHMENT.—The Secretary of                  that subparagraph, 50 percent.                           (2) PROGRAM REQUIREMENTS.—
                                             Labor, in consultation with the Secretary                 (4) EMPLOYER PAYMENT OF NON-FEDERAL                    (A) IN GENERAL.—In carrying out the pro-
                                             and in accordance with section 169(b) of the            SHARE.—                                                gram, the Secretary shall ensure that the
                                             Workforce Innovation and Opportunity Act                  (A) IN GENERAL.—The non-Federal share of             courses described in paragraph (1)—
                                             (29 U.S.C. 3224(b)), shall establish a pilot pro-       the cost of providing on-the-job training for            (i) provide—
                                             gram to provide competitively awarded cost-             an employee under a grant received under                 (I) job training;
                                             shared grants to eligible entities to pay for—          the pilot program shall be paid in cash or in            (II) employment skills training, including
                                                (1) on-the-job training of a new or existing         kind by the employer of the employee receiv-           providing comprehensive wraparound sup-
                                             employee to work—                                       ing the training.                                      port services to eligible participants that—
                                                (A) in renewable energy, energy efficiency,            (B) INCLUSIONS.—The non-Federal share de-              (aa) enhance the training experience and
                                             or grid modernization; or                               scribed in subparagraph (A)(i) may include             promote the professional development of eli-
                                                (B) on the reduction of greenhouse gas               the amount of wages paid by the employer to            gible participants; and
                                             emissions; or                                           the employee during the time that the em-                (bb) help eligible participants transition
                                                (2) preapprenticeship programs that pro-             ployee is receiving on-the-job training, as            into the workforce; and
                                             vide a direct pathway to a career working—              fairly evaluated by the Secretary of Labor.              (III) opportunities for internships of not
                                                (A) in renewable energy, energy efficiency,            (5) GRANT AMOUNT.—An eligible entity may             longer than 180 days; and
                                             or grid modernization; or                               not receive more than $100,000 per fiscal year           (ii) are carried out primarily through—
                                                (B) on the reduction of greenhouse gas               in grant funds under the pilot program.                  (I) internships; or
                                             emissions.                                                (d) AUTHORIZATION OF APPROPRIATIONS.—                  (II) applied, work-based training.
                                                                                                     There is authorized to be appropriated to                (B) EXAM REQUIREMENT.—As a requirement
                                                (c) GRANTS.—
                                                                                                     carry out this section $15,000,000 for each of         for completing a course described in para-
                                                (1) IN GENERAL.—An eligible entity desiring
                                                                                                     fiscal years 2021 through 2023.                        graph (1), the Secretary shall require each el-
                                             a grant under the pilot program shall submit
                                                                                                     SEC. 2307. ENERGY-READY VETS PROGRAM.                  igible participant in the course to earn an
                                             to the Secretary of Labor an application at
                                                                                                                                                            applicable industry-recognized entry-level
                                             such time, in such manner, and containing                 (a) DEFINITIONS.—In this section:
                                                                                                                                                            certificate or other credential.
                                             such information as the Secretary of Labor                (1) ACTIVE MILITARY, NAVAL, OR AIR SERV-
                                                                                                                                                            SEC. 2308. WIND WORKFORCE TRAINING GRANT
                                             may require.                                            ICE.—The term ‘‘active military, naval, or
                                                                                                                                                                        PROGRAM.
                                                (2) PRIORITY FOR TARGETED COMMUNITIES.—              air service’’ has the meaning given such                 (a) IN GENERAL.—Title XI of the Energy
                                             In providing grants under the pilot program,            term in section 101 of title 38, United States         Policy Act of 2005 (42 U.S.C. 16411 et seq.) is
                                             the Secretary of Labor, in consultation with            Code.                                                  amended by adding at the end the following:
                                             the Secretary shall give priority to an eligi-            (2) ELIGIBLE PARTICIPANT.—The term ‘‘eli-            ‘‘SEC. 1107. WIND WORKFORCE TRAINING GRANT
                                             ble entity that—                                        gible participant’’ means a veteran who—                             PROGRAM.
                                                (A) recruits employees—                                (A) was discharged or released from service             ‘‘(a) DEFINITION OF ELIGIBLE ENTITY.—In
                                                (i) from the 1 or more communities that              in the active military, naval, or air service          this section, the term ‘eligible entity’ means
                                             are served by the eligible entity; and                  during the most recent 1-year period; or               a community college, technical school, insti-
                                                (ii) that are minorities, women, veterans,             (B)(i) was discharged or released from serv-         tution of higher education, or labor organi-
                                             or individuals who are transitioning from               ice in the active military, naval, or air serv-        zation that offers an onshore or offshore
                                             fossil energy sector jobs;                              ice during the 2-year period immediately               wind training program.
                                                (B) provides trainees with the opportunity           preceding the most recent 1-year period; and             ‘‘(b) GRANT PROGRAM.—The Secretary shall
                                             to obtain real-world experience;                          (ii) receives the approval of the Secretary          establish a program under which the Sec-
                                                (C) has fewer than 100 employees; and                to participate in the program.                         retary shall award grants, on a competitive
                                                (D) in the case of a preapprenticeship pro-            (3) PROGRAM.—The term ‘‘program’’ means              basis, to eligible entities—
                                             gram, demonstrates—                                     the Energy-Ready Vets Program established                ‘‘(1) to purchase large pieces of wind com-
                                                (i) a multi-year record of—                          under subsection (b)(1).                               ponent equipment (such as nacelles, towers,
                                                (I) successfully recruiting minorities,                (4) UNIFORMED SERVICES.—The term ‘‘uni-              and blades) or installation equipment for use
                                             women, and veterans for training; and                   formed services’’ has the meaning given such           in training wind industry students;
                                                (II) supporting those individuals in the suc-        term in section 10(a) of title 10, United                ‘‘(2) to conduct occupational skills train-




dlhill on DSKBBY8HB2PROD with SENATE
                                             cessful completion of the preapprenticeship             States Code.                                           ing, including on-the-job training, safety and
                                             program; and                                              (5) VETERAN.—The term ‘‘veteran’’ has the            health training, and classroom training;
                                                (ii) a successful multi-year record of plac-         meaning given such term in section 101 of                ‘‘(3) for incumbent worker and career lad-
                                             ing the majority of the graduates of the                title 38, United States Code.                          der training and retraining, including skill
                                             preapprenticeship program into apprentice-                (b) ESTABLISHMENT; IMPLEMENTATION.—                  upgrading;
                                             ship programs.                                            (1) ESTABLISHMENT.—The Secretary shall                 ‘‘(4) for individual referral and tuition as-
                                                (3) USE OF GRANT FOR FEDERAL SHARE.—                 establish a program, to be known as the ‘‘En-          sistance for a training program offered by a




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00070   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1579
                                             nonprofit organization through which an in-               (1) the Department of Defense;                       SEC. 3006. REPEAL OF WEATHERIZATION STUDY.
                                             dividual may attain a recognized postsec-                 (2) the Department of Education;                       (a) REPEAL.—Section 254 of the National
                                             ondary credential (as defined in section 3 of             (3) the Department;                                  Energy Conservation Policy Act (42 U.S.C.
                                             the Workforce Innovation and Opportunity                  (4) the Department of Labor;                         8233) is repealed.
                                             Act (29 U.S.C. 3102));                                    (5) the Department of Veterans Affairs;                (b) CONFORMING AMENDMENT.—The table of
                                               ‘‘(5) for customized training in conjunction            (6) technical schools, community colleges,           contents for the National Energy Conserva-
                                             with an existing registered apprenticeship              and institutions of higher education that              tion Policy Act (Public Law 95–619; 92 Stat.
                                             program, internship, or labor-management                have wind workforce training programs;                 3206) is amended by striking the item relat-
                                             partnership; and                                          (7) State and local governments;                     ing to section 254.
                                               ‘‘(6) for other activities that the Secretary           (8) ports;                                           SEC. 3007. REPEAL OF REPORT TO CONGRESS.
                                             determines meet the purposes of this section.             (9) vessel operators;                                  (a) REPEAL.—Section 273 of the National
                                               ‘‘(c) PRIORITY.—In awarding grants under                (10) labor organizations;                            Energy Conservation Policy Act (42 U.S.C.
                                             this section, the Secretary shall give pri-               (11) nonprofit organizations; and                    8236b) is repealed.
                                             ority to eligible entities that—                          (12) the wind industry.                                (b) CONFORMING AMENDMENT.—The table of
                                               ‘‘(1) have formed partnerships with other               (c) REPORT.—Not later than 1 year after              contents for the National Energy Conserva-
                                             eligible entities;                                      the date of enactment of this Act, the Sec-            tion Policy Act (Public Law 95–619; 92 Stat.
                                               ‘‘(2) have entered into a memorandum of               retary shall make publicly available and               3206) is amended by striking the item relat-
                                             understanding with an employer in the on-               submit to Congress a report that—                      ing to section 273.
                                             shore or offshore wind industry to foster                 (1) describes the results of the study con-          SEC. 3008. REPEAL OF SURVEY OF ENERGY SAV-
                                             workforce development; or                               ducted under subsection (a)(1);                                    ING POTENTIAL.
                                               ‘‘(3) will use the grant funds to assist indi-          (2) includes the comprehensive list de-                (a) REPEAL.—Section 550 of the National
                                             viduals who are—                                        scribed in subsection (a)(2); and                      Energy Conservation Policy Act (42 U.S.C.
                                               ‘‘(A) dislocated workers, with a focus on               (3) provides recommendations—                        8258b) is repealed.
                                             workers displaced from the offshore oil and               (A) for creating a credentialing program               (b) CONFORMING AMENDMENTS.—
                                             gas, onshore fossil fuel, nuclear energy, or            that may be administered by community                    (1) The table of contents for the National
                                             fishing industry; or                                    colleges, technical schools, and other train-          Energy Conservation Policy Act (Public Law
                                               ‘‘(B) individuals with a barrier to employ-           ing institutions or organizations; and                 95–619; 92 Stat. 3206; 106 Stat. 2851) is amend-
                                             ment.                                                     (B) that reflect best practices for wind             ed by striking the item relating to section
                                               ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—               workforce training programs, as identified             550.
                                             There is authorized to be appropriated to the           by the stakeholders described in subsection              (2) Section 543(d)(2) of the National Energy
                                             Secretary to carry out this section $5,000,000          (b).                                                   Conservation Policy Act (42 U.S.C. 8253(d)(2))
                                             for each of fiscal years 2021 through 2025.’’.            (d) AUTHORIZATION OF APPROPRIATIONS.—                is amended by striking ‘‘, incorporating any
                                               (b) CLERICAL AMENDMENT.—The table of                  There is authorized to be appropriated to the          relevant information obtained from the sur-
                                             contents for the Energy Policy Act of 2005              Secretary to carry out this subsection                 vey conducted pursuant to section 550’’.
                                             (Public Law 109–58; 119 Stat. 601) is amended           $500,000.                                              SEC. 3009. REPEAL OF REPORT BY GENERAL
                                             by inserting after the item relating to sec-                                                                              SERVICES ADMINISTRATION.
                                                                                                            TITLE III—CODE MAINTENANCE
                                             tion 1106 the following:                                                                                         (a) REPEAL.—Section 154 of the Energy Pol-
                                                                                                     SEC. 3001. REPEAL OF OFF-HIGHWAY MOTOR VE-
                                             ‘‘Sec. 1107. Wind workforce training grant                          HICLES STUDY.                              icy Act of 1992 (42 U.S.C. 8262a) is repealed.
                                                            program.’’.                                                                                       (b) CONFORMING AMENDMENTS.—
                                                                                                       (a) REPEAL.—Part I of title III of the En-
                                             SEC. 2309. VETERANS IN WIND ENERGY.                                                                              (1) The table of contents for the Energy
                                                                                                     ergy Policy and Conservation Act (42 U.S.C.
                                               (a) IN GENERAL.—Title XI of the Energy                                                                       Policy Act of 1992 (Public Law 102–486; 106
                                                                                                     6373) is repealed.
                                             Policy Act of 2005 (42 U.S.C. 16411 et seq.) (as                                                               Stat. 2776) is amended by striking the item
                                                                                                       (b) CONFORMING AMENDMENT.—The table of
                                             amended by section 2308(a)) is amended by                                                                      relating to section 154.
                                                                                                     contents for the Energy Policy and Con-
                                             adding at the end the following:                                                                                 (2) Section 159 of the Energy Policy Act of
                                                                                                     servation Act (Public Law 94–163; 89 Stat.
                                             ‘‘SEC. 1108. VETERANS IN WIND ENERGY.
                                                                                                     871) is amended—                                       1992 (42 U.S.C. 8262e) is amended by striking
                                                ‘‘(a) IN GENERAL.—The Secretary shall es-              (1) by striking the item relating to part I          subsection (c).
                                             tablish a program to prepare veterans for ca-           of title III; and                                      SEC. 3010. REPEAL OF INTERGOVERNMENTAL EN-
                                             reers in the wind energy industry that shall                                                                                ERGY MANAGEMENT PLANNING AND
                                                                                                       (2) by striking the item relating to section
                                             be modeled off of the Solar Ready Vets pilot                                                                                COORDINATION WORKSHOPS.
                                                                                                     385.
                                             program formerly administered by the De-                                                                         (a) REPEAL.—Section 156 of the Energy Pol-
                                                                                                     SEC. 3002. REPEAL OF METHANOL STUDY.
                                             partment of Energy and the Department of                                                                       icy Act of 1992 (42 U.S.C. 8262b) is repealed.
                                             Defense.                                                  Section 400EE of the Energy Policy and                 (b) CONFORMING AMENDMENT.—The table of
                                               ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—               Conservation Act (42 U.S.C. 6374d) is amend-           contents for the Energy Policy Act of 1992
                                             There is authorized to be appropriated to the           ed—                                                    (Public Law 102–486; 106 Stat. 2776) is amend-
                                             Secretary to carry out this section $2,000,000            (1) by striking subsection (a); and                  ed by striking the item relating to section
                                             for each of fiscal years 2021 through 2025.’’.            (2) by redesignating subsections (b) and (c)         156.
                                               (b) CLERICAL AMENDMENT.—The table of                  as subsections (a) and (b), respectively.              SEC. 3011. REPEAL OF INSPECTOR GENERAL
                                             contents for the Energy Policy Act of 2005              SEC. 3003. REPEAL OF STATE UTILITY REGU-                          AUDIT SURVEY AND PRESIDENT’S
                                             (Public Law 109–58; 119 Stat. 601) (as amended                     LATORY ASSISTANCE.                                     COUNCIL ON INTEGRITY AND EFFI-
                                             by section 2308(b)) is amended by inserting               (a) REPEAL.—Section 207 of the Energy                           CIENCY REPORT TO CONGRESS.
                                             after the item relating to section 1107 the             Conservation and Production Act (42 U.S.C.               (a) REPEAL.—Section 160 of the Energy Pol-
                                             following:                                              6807) is repealed.                                     icy Act of 1992 (42 U.S.C. 8262f) is amended by
                                             ‘‘Sec. 1108. Veterans in wind energy.’’.                  (b) CONFORMING AMENDMENT.—The table of               striking the section designation and heading
                                                                                                     contents for the Energy Conservation and               and all that follows through ‘‘(c) INSPECTOR
                                             SEC. 2310. STUDY AND REPORT ON WIND WORK-
                                                         FORCE.                                      Production Act (Public Law 94–385; 90 Stat.            GENERAL REVIEW.—Each Inspector General’’
                                               (a) IN GENERAL.—The Secretary shall con-              1126) is amended by striking the item relat-           and inserting the following:
                                             vene a task force comprised of 1 or more rep-           ing to section 207.                                    ‘‘SEC. 160. INSPECTOR GENERAL REVIEW.
                                             resentatives of each of the stakeholders de-            SEC. 3004. REPEAL OF AUTHORIZATION OF AP-                ‘‘Each Inspector General’’.
                                             scribed in subsection (b) that shall—                               PROPRIATIONS PROVISION.                      (b) CONFORMING AMENDMENT.—The table of
                                               (1) conduct a study to assess the needs of              (a) REPEAL.—Section 208 of the Energy                contents for the Energy Policy Act of 1992
                                             the offshore and onshore wind industry                  Conservation and Production Act (42 U.S.C.             (Public Law 102–486; 106 Stat. 2776) is amend-
                                             workforce, including supply chain and sup-              6808) is repealed.                                     ed by striking the item relating to section
                                             port vessels; and                                         (b) CONFORMING AMENDMENT.—The table of               160 and inserting the following:
                                               (2) create a comprehensive list that—                 contents for the Energy Conservation and               ‘‘Sec. 160. Inspector General review.’’.
                                               (A) lists each type of position related to            Production Act (Public Law 94–385; 90 Stat.            SEC. 3012. REPEAL OF PROCUREMENT AND IDEN-
                                             the onshore and offshore wind energy indus-             1126) is amended by striking the item relat-                       TIFICATION OF ENERGY EFFICIENT
                                             try available in the United States;                     ing to section 208.                                                PRODUCTS PROGRAM.
                                               (B) identifies existing gaps in the offshore          SEC. 3005. REPEAL OF RESIDENTIAL ENERGY EF-              (a) REPEAL.—Section 161 of the Energy Pol-
                                             and onshore wind industry workforce, in-                            FICIENCY STANDARDS STUDY.                  icy Act of 1992 (42 U.S.C. 8262g) is repealed.
                                             cluding supply chain and support vessels;                 (a) REPEAL.—Section 253 of the National                (b) CONFORMING AMENDMENTS.—




dlhill on DSKBBY8HB2PROD with SENATE
                                             and                                                     Energy Conservation Policy Act (42 U.S.C.                (1) The table of contents for the Energy
                                               (C) describes the skill sets required for             8232) is repealed.                                     Policy Act of 1992 (Public Law 102–486; 106
                                             each type of position listed under subpara-               (b) CONFORMING AMENDMENT.—The table of               Stat. 2776) is amended by striking the item
                                             graph (A).                                              contents for the National Energy Conserva-             relating to section 161.
                                               (b) STAKEHOLDERS DESCRIBED.—The stake-                tion Policy Act (Public Law 95–619; 92 Stat.             (2) Section 548(b) of the National Energy
                                             holders referred to in subsection (a) are rep-          3206) is amended by striking the item relat-           Conservation Policy Act (42 U.S.C. 8258(b))
                                             resentatives of—                                        ing to section 253.                                    (as amended by section 1033(a)) is amended—




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00071   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1580                                             CONGRESSIONAL RECORD — SENATE                                                           March 5, 2020
                                               (A) in paragraph (3), by inserting ‘‘and’’            SEC. 3020. REPEAL OF AUTHORIZATION OF AP-                 (A) by striking the items relating to sub-
                                             after the semicolon at the end;                                     PROPRIATIONS.                              title A of title II;
                                               (B) by striking paragraph (4); and                      (a) REPEAL.—Subtitle F of title VII of the              (B) by striking the items relating to sub-
                                               (C) by redesignating paragraph (5) as para-           Powerplant and Industrial Fuel Use Act of              title B of title II;
                                             graph (4).                                              1978 (42 U.S.C. 8461) is repealed.                        (C) by striking the item relating to section
                                             SEC. 3013. REPEAL OF PHOTOVOLTAIC ENERGY                  (b) CONFORMING AMENDMENT.—The table of               204 and inserting the following:
                                                         PROGRAM.                                    contents for the Powerplant and Industrial
                                                                                                                                                            ‘‘Sec. 204. Funding.’’;
                                               (a) REPEAL.—Part 4 of title V of the Na-              Fuel Use Act of 1978 (Public Law 95–620; 92
                                                                                                                                                            and
                                             tional Energy Conservation Policy Act (42               Stat. 3289) is amended—
                                                                                                                                                               (D) by striking the item relating to section
                                             U.S.C. 8271 et seq.) is repealed.                         (1) by striking the item relating to subtitle
                                                                                                                                                            271.
                                               (b) CONFORMING AMENDMENT.—The table of                F of title VII; and
                                                                                                                                                               (2) Section 203 of the Biomass Energy and
                                             contents for the National Energy Conserva-                (2) by striking the item relating to section
                                                                                                                                                            Alcohol Fuels Act of 1980 (42 U.S.C. 8802) is
                                             tion Policy Act (Public Law 95–619; 92 Stat.            751.
                                                                                                                                                            amended—
                                             3206) is amended—                                       SEC. 3021. REPEAL OF SUBMISSION OF REPORTS.
                                                                                                                                                               (A) by striking paragraph (16); and
                                               (1) by striking the item relating to part 4             (a) REPEAL.—Section 807 of the Powerplant               (B) by redesignating paragraphs (17)
                                             of title V; and                                         and Industrial Fuel Use Act of 1978 (42 U.S.C.         through (19) as paragraphs (16) through (18),
                                               (2) by striking the items relating to sec-            8483) is repealed.                                     respectively.
                                             tions 561 through 570.                                    (b) CONFORMING AMENDMENT.—The table of                  (3) Section 204 of the Energy Security Act
                                             SEC. 3014. REPEAL OF NATIONAL ACTION PLAN               contents for the Powerplant and Industrial             (42 U.S.C. 8803) is amended—
                                                         FOR DEMAND RESPONSE.                        Fuel Use Act of 1978 (Public Law 95–620; 92               (A) in the section heading, by striking
                                               (a) REPEAL.—Part 5 of title V of the Na-              Stat. 3289) is amended by striking the item            ‘‘FOR SUBTITLES A AND B’’; and
                                             tional Energy Conservation Policy Act (42               relating to section 807.                                  (B) in subsection (a)—
                                             U.S.C. 8279) is repealed.                               SEC. 3022. REPEAL OF ELECTRIC UTILITY CON-                (i) in paragraph (1), by adding ‘‘and’’ after
                                               (b) CONFORMING AMENDMENT.—The table of                            SERVATION PLAN.
                                                                                                                                                            the semicolon at the end;
                                             contents for the National Energy Conserva-                (a) REPEAL.—Section 808 of the Powerplant               (ii) in paragraph (2), by striking ‘‘; and’’ at
                                             tion Policy Act (Public Law 95–619; 92 Stat.            and Industrial Fuel Use Act of 1978 (42 U.S.C.         the end and inserting a period; and
                                             3206; 121 Stat. 1665) is amended—                       8484) is repealed.                                        (iii) by striking paragraph (3).
                                               (1) by striking the item relating to part 5             (b) CONFORMING AMENDMENTS.—
                                                                                                                                                            SEC. 3025. NUCLEAR SAFETY RESEARCH, DEVEL-
                                             of title V; and                                           (1) TABLE OF CONTENTS.—The table of con-                         OPMENT, AND DEMONSTRATION ACT
                                               (2) by striking the item relating to section          tents for the Powerplant and Industrial Fuel                       OF 1980 REPEALS.
                                             571.                                                    Use Act of 1978 (Public Law 95–620; 92 Stat.             Sections 5 and 6 of the Nuclear Safety Re-
                                             SEC. 3015. REPEAL OF ENERGY AUDITOR TRAIN-
                                                                                                     3289) is amended by striking the item relat-           search, Development, and Demonstration
                                                         ING AND CERTIFICATION.                      ing to section 808.                                    Act of 1980 (42 U.S.C. 9704, 9705) are repealed.
                                               (a) REPEAL.—Subtitle F of title V of the                (2) REPORT ON IMPLEMENTATION.—Section
                                                                                                                                                            SEC. 3026. REPEAL OF RENEWABLE ENERGY AND
                                             Energy Security Act (42 U.S.C. 8285 et seq.) is         712 of the Powerplant and Industrial Fuel                          ENERGY EFFICIENCY TECHNOLOGY
                                             repealed.                                               Use Act of 1978 (42 U.S.C. 8422) is amended—                       COMPETITIVENESS ACT OF 1989.
                                               (b) CONFORMING AMENDMENT.—The table of                  (A) by striking ‘‘(a) GENERALLY.—’’; and               (a) REPEAL.—The Renewable Energy and
                                             contents for the Energy Security Act (Public              (B) by striking subsection (b).                      Energy Efficiency Technology Competitive-
                                             Law 96–294; 94 Stat. 611) is amended—                   SEC. 3023. EMERGENCY ENERGY CONSERVATION               ness Act of 1989 (42 U.S.C. 12001 et seq.) is re-
                                                                                                                 REPEALS.
                                               (1) by striking the item relating to subtitle                                                                pealed.
                                             F of title V; and                                         (a) REPEALS.—                                          (b) CONFORMING AMENDMENTS.—
                                               (2) by striking the items relating to sec-              (1) Section 201 of the Emergency Energy                (1) Section 6(b)(3) of the Federal Non-
                                             tions 581 through 584.                                  Conservation Act of 1979 (42 U.S.C. 8501) is           nuclear Energy Research and Development
                                                                                                     amended by striking the section designation            Act of 1974 (42 U.S.C. 5905(b)(3)) (as amended
                                             SEC. 3016. REPEAL OF NATIONAL COAL POLICY
                                                         STUDY.                                      and heading and all that follows through ‘‘(b)         by section 1205(c)(2)) is amended—
                                                                                                     PURPOSES.—The purposes’’ and inserting the               (A) in subparagraph (P), by adding ‘‘and’’
                                               (a) REPEAL.—Section 741 of the Powerplant
                                                                                                     following:                                             after the semicolon;
                                             and Industrial Fuel Use Act of 1978 (42 U.S.C.
                                                                                                     ‘‘SEC. 201. PURPOSES.                                    (B) by striking subparagraph (Q); and
                                             8451) is repealed.
                                               (b) CONFORMING AMENDMENT.—The table of                  ‘‘The purposes’’.                                      (C) by redesignating subparagraph (R) as
                                             contents for the Powerplant and Industrial                (2) Part B of title II of the Emergency En-          subparagraph (Q).
                                             Fuel Use Act of 1978 (Public Law 95–620; 92             ergy Conservation Act of 1979 (42 U.S.C. 8521            (2) Section 1204 of the Energy Policy Act of
                                             Stat. 3289) is amended by striking the item             et seq.) is repealed.                                  1992 (42 U.S.C. 13313) is amended—
                                             relating to section 741.                                  (3) Section 241 of the Emergency Energy                (A) in subsection (b), in the matter pre-
                                                                                                     Conservation Act of 1979 (42 U.S.C. 8531) is re-       ceding paragraph (1), in the first sentence, by
                                             SEC. 3017. REPEAL OF STUDY ON COMPLIANCE
                                                         PROBLEM OF SMALL ELECTRIC                   pealed.                                                striking ‘‘, in consultation with’’ and all
                                                         UTILITY SYSTEMS.                              (b) CONFORMING AMENDMENTS.—                          that follows through ‘‘under section 6 of the
                                               (a) REPEAL.—Section 744 of the Powerplant               (1) The table of contents for the Emer-              Renewable Energy and Energy Efficiency
                                             and Industrial Fuel Use Act of 1978 (42 U.S.C.          gency Energy Conservation Act of 1979 (Pub-            Technology Competitiveness Act of 1989,’’;
                                             8454) is repealed.                                      lic Law 96–102; 93 Stat. 749) is amended—              and
                                               (b) CONFORMING AMENDMENT.—The table of                  (A) by striking the item relating to section           (B) in subsection (c), by striking ‘‘, in con-
                                             contents for the Powerplant and Industrial              201 and inserting the following:                       sultation with the Advisory Committee,’’.
                                             Fuel Use Act of 1978 (Public Law 95–620; 92             ‘‘Sec. 201. Purposes.’’;                               SEC. 3027. REPEAL OF HYDROGEN RESEARCH,
                                             Stat. 3289) is amended by striking the item               (B) by striking the item relating to part B                      DEVELOPMENT, AND DEMONSTRA-
                                             relating to section 744.                                of title II; and                                                   TION PROGRAM.
                                             SEC.   3018.REPEAL OF STUDY OF SOCIO-                     (C) by striking the items relating to sec-             The Spark M. Matsunaga Hydrogen Re-
                                                        ECONOMIC IMPACTS OF INCREASED                tions 221, 222, and 241.                               search, Development, and Demonstration
                                                        COAL PRODUCTION AND OTHER EN-                  (2) Section 251(b) of the Emergency Energy           Act of 1990 (42 U.S.C. 12401 et seq.) is re-
                                                        ERGY DEVELOPMENT.                            Conservation Act of 1979 (42 U.S.C. 8541(b)) is        pealed.
                                               (a) REPEAL.—Section 746 of the Powerplant             amended—                                               SEC. 3028. REPEAL OF STUDY ON ALTERNATIVE
                                             and Industrial Fuel Use Act of 1978 (42 U.S.C.            (A) by striking ‘‘or 221’’ each place it ap-                     FUEL USE IN NONROAD VEHICLES
                                             8456) is repealed.                                      pears; and                                                         AND ENGINES.
                                               (b) CONFORMING AMENDMENT.—The table of                  (B) by striking ‘‘(as the case may be)’’.              (a) IN GENERAL.—Section 412 of the Energy
                                             contents for the Powerplant and Industrial              SEC. 3024. ENERGY SECURITY ACT REPEALS.                Policy Act of 1992 (42 U.S.C. 13238) is re-
                                             Fuel Use Act of 1978 (Public Law 95–620; 92               (a)    BIOMASS    ENERGY     DEVELOPMENT             pealed.
                                             Stat. 3289) is amended by striking the item             PLANS.—Subtitle A of title II of the Energy              (b) CONFORMING AMENDMENT.—The table of
                                             relating to section 746.                                Security Act (42 U.S.C. 8811 et seq.) is re-           contents for the Energy Policy Act of 1992
                                             SEC. 3019. REPEAL OF STUDY OF THE USE OF PE-            pealed.                                                (Public Law 102–486; 106 Stat. 2776) is amend-
                                                         TROLEUM AND NATURAL GAS IN                    (b) MUNICIPAL WASTE BIOMASS ENERGY.—                 ed by striking the item relating to section
                                                         COMBUSTORS.                                 Subtitle B of title II of the Energy Security          412.
                                               (a) REPEAL.—Section 747 of the Powerplant             Act (42 U.S.C. 8831 et seq.) is repealed.              SEC. 3029. REPEAL OF LOW INTEREST LOAN PRO-




dlhill on DSKBBY8HB2PROD with SENATE
                                             and Industrial Fuel Use Act of 1978 (42 U.S.C.            (c) USE OF GASOHOL IN FEDERAL MOTOR VE-                          GRAM FOR SMALL BUSINESS FLEET
                                             8457) is repealed.                                      HICLES.—Section 271 of the Energy Security                         PURCHASES.
                                               (b) CONFORMING AMENDMENT.—The table of                Act (42 U.S.C. 8871) is repealed.                        (a) IN GENERAL.—Section 414 of the Energy
                                             contents for the Powerplant and Industrial                (d) CONFORMING AMENDMENTS.—                          Policy Act of 1992 (42 U.S.C. 13239) is re-
                                             Fuel Use Act of 1978 (Public Law 95–620; 92               (1) The table of contents for the Energy Se-         pealed.
                                             Stat. 3289) is amended by striking the item             curity Act (Public Law 96–294; 94 Stat. 611) is          (b) CONFORMING AMENDMENT.—The table of
                                             relating to section 747.                                amended—                                               contents for the Energy Policy Act of 1992




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00072   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                       S1581
                                             (Public Law 102–486; 106 Stat. 2776) is amend-            (A) in subsection (a), in the matter pre-               (5) MENTORING PROGRAM.—Section 3195 of
                                             ed by striking the item relating to section             ceding paragraph (1), in the first sentence, by        the Department of Energy Science Education
                                             414.                                                    striking ‘‘, in consultation with the Advisory         Enhancement Act (42 U.S.C. 7381r) is re-
                                             SEC. 3030. REPEAL OF TECHNICAL AND POLICY               Board established under section 2302 of the            pealed.
                                                         ANALYSIS FOR REPLACEMENT FUEL               Energy Policy Act of 1992,’’;                             (b) REPEAL OF AUTHORIZATIONS.—
                                                         DEMAND AND SUPPLY INFORMA-                    (B) in subsection (b)—                                  (1) DEPARTMENT OF ENERGY EARLY CAREER
                                                         TION.                                         (i) in paragraph (1), in the first sentence,         AWARDS FOR SCIENCE, ENGINEERING, AND
                                               (a) IN GENERAL.—Section 506 of the Energy             by striking ‘‘, in consultation with the Advi-         MATHEMATICS RESEARCHERS.—Section 5006 of
                                             Policy Act of 1992 (42 U.S.C. 13256) is re-             sory Board established under section 2302 of           the America COMPETES Act (42 U.S.C.
                                             pealed.                                                 the Energy Policy Act of 1992,’’; and                  16534) is amended by striking subsection (h).
                                               (b) CONFORMING AMENDMENTS.—                             (ii) in paragraph (2), in the second sen-               (2) PROTECTING AMERICA’S COMPETITIVE
                                               (1) The table of contents for the Energy              tence, by striking ‘‘, in consultation with the        EDGE (PACE) GRADUATE FELLOWSHIP PRO-
                                             Policy Act of 1992 (Public Law 102–486; 106             Advisory Board established under section               GRAM.—Section 5009 of the America COM-
                                             Stat. 2776) is amended by striking the item             2302 of the Energy Policy Act of 1992,’’; and          PETES Act (42 U.S.C. 16536) is amended by
                                             relating to section 506.                                  (C) in subsection (c), in the first sentence,        striking subsection (f).
                                               (2) Section 507(m) of the Energy Policy Act           by striking ‘‘, in consultation with the Advi-            (3) DISTINGUISHED SCIENTIST PROGRAM.—
                                             of 1992 (42 U.S.C. 13257(m)) is amended by              sory Board established under section 2302 of           Section 5011 of the America COMPETES Act
                                             striking ‘‘and section 506’’.                           the Energy Policy Act of 1992,’’.                      (42 U.S.C. 16537) is amended by striking sub-
                                             SEC. 3031. REPEAL OF 1992 REPORT ON CLIMATE               (3) Section 2011(c) of the Energy Policy Act         section (j).
                                                         CHANGE.                                     of 1992 (42 U.S.C. 13411(c)) is amended, in the           (c) CONSOLIDATION OF DUPLICATIVE PRO-
                                               (a) IN GENERAL.—Section 1601 of the En-               second sentence, by striking ‘‘, and with the          GRAM AUTHORITIES.—
                                             ergy Policy Act of 1992 (42 U.S.C. 13381) is re-        Advisory Board established under section                  (1) UNIVERSITY NUCLEAR SCIENCE AND ENGI-
                                             pealed.                                                 2302’’.                                                NEERING SUPPORT.—Section 954 of the Energy
                                               (b) CONFORMING AMENDMENTS.—                             (4) Section 2304 of the Energy Policy Act of         Policy Act of 2005 (42 U.S.C. 16274) (as amend-
                                               (1) The table of contents for the Energy              1992 (42 U.S.C. 13523), is amended—                    ed by section 1504(a)) is amended in sub-
                                             Policy Act of 1992 (Public Law 102–486; 106               (A) in subsection (a), by striking ‘‘, in con-       section (a)—
                                             Stat. 2776) is amended by striking the item             sultation with the Advisory Board estab-                  (A) in paragraph (1), by inserting ‘‘nuclear
                                             relating to section 1601.                               lished under section 2302,’’; and                      chemistry,’’ after ‘‘nuclear engineering,’’;
                                               (2) Section 1602(a) of the Energy Policy Act            (B) in subsection (c), in the matter pre-            and
                                             of 1992 (42 U.S.C. 13382(a)) is amended, in the         ceding paragraph (1), in the first sentence, by           (B) in paragraph (2)—
                                             matter preceding paragraph (1), in the third            striking ‘‘, with the advice of the Advisory              (i) by redesignating subparagraphs (C)
                                             sentence, by striking ‘‘the report required             Board established under section 2302 of this           through (E) as subparagraphs (D) through
                                             under section 1601 and’’.                               Act,’’.                                                (F), respectively; and
                                             SEC. 3032. REPEAL OF DIRECTOR OF CLIMATE                SEC. 3037. REPEAL OF STUDY ON USE OF ENERGY               (ii) by inserting after subparagraph (B) the
                                                         PROTECTOR ESTABLISHMENT.                                 FUTURES FOR FUEL PURCHASE.                following:
                                               (a) IN GENERAL.—Section 1603 of the En-                 (a) IN GENERAL.—Section 3014 of the En-                 ‘‘(C) award grants, not to exceed 5 years in
                                             ergy Policy Act of 1992 (42 U.S.C. 13383) is re-        ergy Policy Act of 1992 (42 U.S.C. 13552) is re-       duration, to institutions of higher education
                                             pealed.                                                 pealed.                                                with existing academic degree programs in
                                               (b) CONFORMING AMENDMENT.—The table of                  (b) CONFORMING AMENDMENT.—The table of               nuclear sciences and related fields—
                                             contents for the Energy Policy Act of 1992              contents for the Energy Policy Act of 1992                ‘‘(i) to increase the number of graduates in
                                             (Public Law 102–486; 106 Stat. 2776) is amend-          (Public Law 102–486; 106 Stat. 2776) is amend-         nuclear science and related fields;
                                             ed by striking the item relating to section             ed by striking the item relating to section               ‘‘(ii) to enhance the teaching and research
                                             1603.                                                   3014.                                                  of advanced nuclear technologies;
                                             SEC. 3033. REPEAL OF 1994 REPORT ON GLOBAL              SEC. 3038. REPEAL OF ENERGY SUBSIDY STUDY.                ‘‘(iii) to undertake collaboration with in-
                                                         CLIMATE CHANGE EMISSIONS.                     (a) IN GENERAL.—Section 3015 of the En-              dustry and National Laboratories; and
                                               (a) IN GENERAL.—Section 1604 of the En-               ergy Policy Act of 1992 (42 U.S.C. 13553) is re-          ‘‘(iv) to bolster or sustain nuclear infra-
                                             ergy Policy Act of 1992 (42 U.S.C. 13384) is re-        pealed.                                                structure and research facilities of institu-
                                             pealed.                                                   (b) CONFORMING AMENDMENT.—The table of               tions of higher education, such as research
                                               (b) CONFORMING AMENDMENT.—The table of                contents for the Energy Policy Act of 1992             and training reactors and laboratories;’’.
                                             contents for the Energy Policy Act of 1992              (Public Law 102–486; 106 Stat. 2776) is amend-            (2) CONSOLIDATION OF DEPARTMENT OF EN-
                                             (Public Law 102–486; 106 Stat. 2776) is amend-          ed by striking the item relating to section            ERGY EARLY CAREER AWARDS FOR SCIENCE, EN-
                                             ed by striking the item relating to section             3015.                                                  GINEERING, AND MATHEMATICS RESEARCHERS
                                             1604.                                                   SEC. 3039. ELIMINATION AND CONSOLIDATION OF            PROGRAM AND DISTINGUISHED SCIENTIST PRO-
                                             SEC. 3034. REPEAL OF TELECOMMUTING STUDY.                            CERTAIN AMERICA COMPETES PRO-             GRAM.—
                                               (a) IN GENERAL.—Section 2028 of the En-                            GRAMS.                                       (A) FUNDING.—Section 971(c) of the Energy
                                             ergy Policy Act of 1992 (42 U.S.C. 13438) is re-          (a) ELIMINATION OF PROGRAM AUTHORI-                  Policy Act of 2005 (42 U.S.C. 16311(c)) is
                                             pealed.                                                 TIES.—                                                 amended by adding at the end the following:
                                               (b) CONFORMING AMENDMENT.—The table of                  (1) NUCLEAR SCIENCE TALENT EXPANSION                    ‘‘(8) For the Department of Energy early
                                             contents for the Energy Policy Act of 1992              PROGRAM FOR INSTITUTIONS OF HIGHER EDU-                career awards for science, engineering, and
                                             (Public Law 102–486; 106 Stat. 2776) is amend-          CATION.—Section 5004 of the America COM-               mathematics researchers program under sec-
                                             ed by striking the item relating to section             PETES Act (42 U.S.C. 16532) is repealed.               tion 5006 of the America COMPETES Act (42
                                             2028.                                                    (2) HYDROCARBON SYSTEMS SCIENCE TALENT                U.S.C. 16534) and the distinguished scientist
                                             SEC. 3035. REPEAL OF ADVANCED BUILDINGS                 EXPANSION PROGRAM FOR INSTITUTIONS OF                  program under section 5011 of that Act (42
                                                        FOR 2005 PROGRAM.                            HIGHER EDUCATION.—Section 5005 of the                  U.S.C. 16537), $150,000,000 for each of fiscal
                                               (a) IN GENERAL.—Section 2104 of the En-               America COMPETES Act (42 U.S.C. 16533) is              years 2018 through 2022, of which not more
                                             ergy Policy Act of 1992 (42 U.S.C. 13454) is re-        amended—                                               than 65 percent of the amount made avail-
                                             pealed.                                                   (A) by striking subsection (e); and                  able for a fiscal year under this paragraph
                                               (b) CONFORMING AMENDMENT.—The table of                  (B) in subsection (f)—                               may be used to carry out section 5006 or 5011
                                             contents for the Energy Policy Act of 1992                (i) by striking paragraph (2);                       of that Act.’’.
                                             (Public Law 102–486; 106 Stat. 2776) is amend-            (ii) by striking the subsection designation             (B) DEPARTMENT OF ENERGY EARLY CAREER
                                             ed by striking the item relating to section             and heading and all that follows through               AWARDS FOR SCIENCE, ENGINEERING, AND
                                             2104.                                                   ‘‘There are’’ in paragraph (1) and inserting           MATHEMATICS RESEARCHERS.—Section 5006 of
                                             SEC. 3036. REPEAL OF ENERGY RESEARCH, DE-               the following:                                         the America COMPETES Act (42 U.S.C.
                                                         VELOPMENT, DEMONSTRATION, AND                 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—              16534) is amended—
                                                         COMMERCIAL APPLICATION ADVI-                There are’’; and                                          (i) in subsection (b)(1)—
                                                         SORY BOARD.                                   (iii) by redesignating subparagraphs (A)                (I) in the matter preceding subparagraph
                                               (a) IN GENERAL.—Section 2302 of the En-               through (F) as paragraphs (1) through (6), re-         (A)—
                                             ergy Policy Act of 1992 (42 U.S.C. 13522) is re-        spectively, and indenting appropriately.                  (aa)     by   inserting    ‘‘average’’   before
                                             pealed.                                                   (3) DISCOVERY SCIENCE AND ENGINEERING IN-            ‘‘amount’’; and
                                               (b) CONFORMING AMENDMENTS.—                           NOVATION INSTITUTES.—Section 5008 of the                  (bb) by inserting ‘‘for each year’’ before




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




                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00073   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             S1582                                             CONGRESSIONAL RECORD — SENATE                                                        March 5, 2020
                                                (aa) by striking ‘‘assistant professor or               (ii) in paragraph (2), by striking subpara-           The PRESIDING OFFICER. The Sen-
                                             equivalent title’’ and inserting ‘‘untenured            graph (B) and inserting the following:                 ator from Ohio.
                                             assistant or associate professor’’; and                    ‘‘(B) to demonstrate excellent academic
                                                                                                                                                                         AMENDMENT NO. 1514
                                                (bb) by inserting ‘‘or’’ after the semicolon         performance and understanding of scientific
                                             at the end;                                             or technical subjects; and’’;                            (Purpose: To establish greater energy
                                                (II) by striking clause (ii); and                       (B) in subsection (d)(1)(B)(i), by inserting        efficiency and cost-effectiveness in
                                                (III) by redesignating clause (iii) as clause        ‘‘full or partial’’ before ‘‘graduate tuition’’;       building codes.)
                                             (ii);                                                   and                                                      Mr. PORTMAN. Mr. President, I ask
                                                (iii) in subsection (d), by striking ‘‘on a             (C) in subsection (e), in the matter pre-           unanimous consent to call up amend-
                                             competitive, merit-reviewed basis’’ and in-             ceding paragraph (1), by striking ‘‘Director           ment No. 1514 and ask that it be re-
                                             serting ‘‘through a competitive process using           of Science, Engineering, and Mathematics
                                                                                                                                                            ported by number.
                                             merit-based peer review’’;                              Education’’ and inserting ‘‘Director of the
                                                (iv) in subsection (e)—                              Office of Science.’’.                                    The PRESIDING OFFICER. The
                                                (I) by striking the subsection designation              (d) CONFORMING AMENDMENTS.—The table                clerk will report.
                                             and heading and all that follows through ‘‘To           of contents for the America COMPETES ACT                 The senior assistant legislative clerk
                                             be eligible’’ in paragraph (1) and inserting            (Public Law 110–69; 121 Stat. 573) is amended          read as follows:
                                             the following:                                          by striking the items relating to sections               The Senator from Ohio [Mr. PORTMAN] pro-
                                                ‘‘(e) SELECTION PROCESS AND CRITERIA.—To             5004 and 5008.                                         poses an amendment numbered 1514.
                                                                                                     SEC. 3040. REPEAL OF PRIOR LIMITATION ON
                                             be eligible’’; and                                                                                               (The amendment is printed in today’s
                                                                                                                 COMPENSATION OF THE SECRETARY
                                                (II) by striking paragraph (2); and                              OF THE INTERIOR.                           RECORD under ‘‘Text of Amendments.’’)
                                                (v) in subsection (f)(1), by striking ‘‘non-           (a) IN GENERAL.—The Joint Resolution en-
                                             profit, nondegree-granting research organi-                                                                      The PRESIDING OFFICER. The Sen-
                                                                                                     titled ‘‘Joint Resolution ensuring that the            ator from Ohio.
                                             zations’’ and inserting ‘‘National Labora-              compensation and other emoluments at-
                                             tories’’.                                               tached to the office of Secretary of the Inte-
                                                                                                                                                              Mr. PORTMAN. Mr. President, Sen-
                                                (3) SCIENCE EDUCATION PROGRAMS.—Section              rior are those which were in effect on Janu-           ator SHAHEEN and I are here today to
                                             3164 of the Department of Energy Science                ary 1, 2005’’, approved January 16, 2009 (5            report this amendment. This is simply
                                             Education Enhancement Act (42 U.S.C. 7381a)             U.S.C. 5312 note; Public Law 111–1), is re-            language that is being reinserted back
                                             is amended—                                             pealed.                                                into the Energy bill that was taken
                                                (A) in subsection (b)—                                 (b) EFFECTIVE DATE.—This section shall               out. I will say that it is clarifying lan-
                                                (i) by striking paragraphs (1) and (2) and           take effect as though enacted on March 2,
                                             inserting the following:                                                                                       guage. We made some slight changes to
                                                                                                     2017.
                                                ‘‘(1) IN GENERAL.—The Director of the Of-                                                                   clarify that there are no mandates in
                                                                                                                      CLOTURE MOTION
                                             fice of Science (referred to in this subsection                                                                this legislation, and it has to do with
                                                                                                       Mr. MCCONNELL. Mr. President, I
                                             as the ‘Director’) shall provide for appro-                                                                    ensuring that we have encouragement
                                             priate coordination of science, technology,             send a cloture motion to the desk for
                                                                                                                                                            of energy efficiency in the single larg-
                                             engineering, and mathematics education                  the substitute amendment No. 1407.
                                                                                                                                                            est use of energy in our country, which
                                             programs across all functions of the Depart-              The PRESIDING OFFICER. The clo-
                                                                                                                                                            are our residential homes and commer-
                                             ment.                                                   ture motion having been presented
                                                                                                                                                            cial buildings. So I appreciate the fact
                                                ‘‘(2) ADMINISTRATION.—In carrying out                under rule XXII, the Chair directs the
                                             paragraph (1), the Director shall—                                                                             that Senator SHAHEEN is here on the
                                                                                                     clerk to read the motion.
                                                ‘‘(A) consult with—                                    The senior assistant legislative clerk               floor. I yield to the Senator.
                                                ‘‘(i) the Assistant Secretary of Energy with         read as follows:                                         The PRESIDING OFFICER. The Sen-
                                             responsibility for energy efficiency and re-
                                                                                                                      CLOTURE MOTION
                                                                                                                                                            ator from New Hampshire.
                                             newable energy programs; and                                                                                     Mrs. SHAHEEN. Mr. President, Sen-
                                                ‘‘(ii) the Deputy Administrator for Defense            We, the undersigned Senators, in accord-
                                                                                                     ance with the provisions of rule XXII of the           ator PORTMAN and I have been working
                                             Programs of the National Nuclear Security                                                                      on this legislation for about 10 years
                                             Administration; and                                     standing rules of the Senate, do hereby move
                                                                                                     to bring to a close debate on the amendment            now. It has gone through committee
                                                ‘‘(B) seek to increase the participation and
                                             advancement of women and underrep-                      No. 1407, as modified, to Calendar No. 357, S.         multiple times. It has gone through the
                                             resented minorities at every level of science,          2657, a bill to support innovation in advanced         floor of the Senate multiple times, and
                                             technology, engineering, and mathematics                geothermal research and development, and               we hope that we have it in a position
                                             education.’’; and                                       for other purposes.                                    now where we can actually get this
                                                (ii) in paragraph (3)—                                   Mitch McConnell, Chuck Grassley, John
                                                                                                            Barrasso, John Thune, Cindy Hyde-
                                                                                                                                                            done as part of the overall energy
                                                (I) in subparagraph (D), by striking ‘‘and’’                                                                package, which is significant and a
                                             at the end;                                                    Smith, Mike Braun, Lindsey Graham,
                                                                                                            Shelley Moore Capito, Lamar Alex-               tribute to the work of Senators MUR-
                                                (II) by redesignating subparagraph (E) as
                                                                                                            ander, Thom Tillis, Mike Crapo, James           KOWSKI and MANCHIN and so many peo-
                                             subparagraph (F); and
                                                (III) by inserting after subparagraph (D)                   E. Risch, Lisa Murkowski, John                  ple in this Chamber.
                                             the following:                                                 Hoeven, John Boozman, Steve Daines,               As Senator PORTMAN said, energy use
                                                ‘‘(E) represent the Department as the prin-                 Richard C. Shelby.                              in buildings is about 40 percent of our
                                             cipal interagency liaison for all coordination                           CLOTURE MOTION                        energy use. It is the biggest single sec-
                                             activities under the President for science,               Mr. MCCONNELL. Mr. President, I                      tor in our economy. Energy efficiency
                                             technology, engineering, and mathematics                send a cloture motion to the desk with                 is the cheapest, fastest way to deal
                                             education programs; and’’; and                          the underlying bill, S. 2657.                          with our energy needs. So what these
                                                (B) in subsection (d)—                                 The PRESIDING OFFICER. The clo-                      provisions would do—they are vol-
                                                (i) by striking ‘‘The Secretary’’ and insert-        ture motion having been presented
                                             ing the following:                                                                                             untary. What they would do is provide
                                                                                                     under rule XXII, the Chair directs the                 significant savings to consumers. They
                                                ‘‘(1) IN GENERAL.—The Secretary’’; and
                                                (ii) by adding at the end the following:
                                                                                                     clerk to read the motion.                              would be the equivalent of taking
                                                ‘‘(2) REPORT.—Not later than 180 days after            The senior assistant legislative clerk               every car and light truck off the road
                                             the date of enactment of this paragraph, the            read as follows:                                       for a year, so significant emission sav-
                                             Director shall submit a report describing the                          CLOTURE MOTION                          ings and significant energy savings.
                                             impact of the activities assisted with the                We, the undersigned Senators, in accord-             This is a win-win. I hope that the
                                             Fund established under paragraph (1) to—                ance with the provisions of rule XXII of the
                                                                                                                                                            amendment can be called up and
                                                ‘‘(A) the Committee on Science, Space, and           standing rules of the Senate, do hereby move
                                             Technology of the House of Representatives;             to bring to a close debate on Calendar No.             passed.
                                             and                                                     357, S. 2657, a bill to support innovation in            Mr. PORTMAN. I thank my col-
                                                ‘‘(B) the Committee on Energy and Natural            advanced geothermal research and develop-              league, and I yield back.
                                             Resources of the Senate.’’.                             ment, and for other purposes.                            The PRESIDING OFFICER. The Sen-
                                                (4) PROTECTING AMERICA’S COMPETITIVE                     Mitch McConnell, Chuck Grassley, John              ator from Alaska.




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



                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00074   Fmt 4624   Sfmt 0634   E:\CR\FM\A05MR6.003   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                               S1583
                                             because I get to talk about an Alaskan                  in the house. Irene, the grandmother of                tic. They called out to the community
                                             who has done something really, really                   three and mother of one, was watching                  to help search for them, and that is
                                             important for their community, for                      them that day. It was her birthday. As                 what people did. All throughout the
                                             their State, and for their country. I                   boys do, they were getting restless.                   community, they couldn’t be found.
                                             know the pages like the speech because                  They wanted to get outside. Irene,                     And then, as often happens in our
                                             I talk about stories in Alaska—the                      wanting to have them get some exer-                    State, the Coast Guard, the National
                                             great State of Alaska and what is hap-                  cise and play, rightly encouraged them                 Guard, and local search and rescue
                                             pening in the State right now. Some-                    to get outside in the great outdoors,                  groups from neighboring villages were
                                             times I call this person the Alaskan of                 but the weather was turning a little bit               all activated—Alaskans throughout the
                                             the Week. Usually, it is one person.                    ugly. Storms were in the forecast.                     State going to look for these four boys.
                                             Sometimes we fudge a little and recog-                    Irene later said:                                    It was all hands on deck.
                                             nize more than one person. Today we                       They have to know how to be outside. They              Irene and Karen, one of the mothers,
                                             are going to recognize our Alaskans of                  are tough Alaskan kids. There’s always                 of three of them, were heartsick. Hours
                                             the Week.                                               going to be a storm coming. Besides, their el-         and hours went by. The whole State
                                               In any case, these are people who                     ders and their grandfather taught them to be           was holding its breath. It had been over
                                             help their communities, help their                      prepared for the weather.                              24 hours. The cold night fell. Around 2
                                             country, and oftentimes do something                      This is teaching from their grand-                   a.m., the search and rescue was called
                                             that is unheralded, nobody knows                        parents and mothers and fathers.                       off.
                                             about, very few know about, so I like                     So    the    four     boys—Christopher,                In the snow cave, however, these
                                             to come down and tell the country                       Frank, Ethan, and Trey—trudged out-                    young, tough Alaskan boys continued
                                             about what they are doing. As you                       side to partake in one of the most pop-                to protect each other. Almost 20 miles
                                             know, Alaska is a big State. It holds a                 ular winter hobbies we have in Alaska,                 away from home, they huddled. They
                                             lot of imagination for our Nation—the                   snowmachining.       Snowmachining      is             tried to keep each other warm to keep
                                             last frontier, with good reason, because                often referred to as snowmobiling by                   each other alive.
                                             we are filled with resilient people,                    many Americans, but I am going to                        Ethan didn’t have a glove. Chris-
                                             some who have lived in Alaska for                       call    it   by     its    proper   name,              topher was only wearing sweatpants,
                                             thousands and thousands of years,                       snowmachining. Due to a lack of road                   and they were particularly concerned
                                             building communities in some of the                     systems in our State, it also happens                  for the 2-year-old, Trey. First, one of
                                             most extreme weather environments                       to be a primary mode of transportation                 them crawled on top of Trey, but they
                                             on the planet, and they are tough, my                   during the winter months across doz-                   were afraid that might be too much for
                                             constituents. They are also kind, and                   ens and dozens of villages throughout                  him, so they created a kind of criss-
                                             they make it through our tough win-                     Alaska.                                                cross barrier to keep this young 2-year-
                                             ters.                                                     After they went riding around the                    old alive and warm as best they could.
                                               It is below zero in many, many parts                  small village, the boys were going to                    The 8-year-old, Frank, refused to
                                             of the State—well below zero. We make                   call it a day, when they spotted a fox.                close his eyes throughout the night for
                                             it through these winters through                        They spotted a fox. Like curious young                 fear of falling asleep and really never
                                             toughness, ingenuity, and, impor-                       boys do, the irresistible urge to trace                waking up. So he continuously stayed
                                             tantly, looking out for one another.                    this fox began, and they chased it out                 awake and poked the other boys
                                               Last week, I highlighted a heroic                     onto the tundra. Before they knew it,                  throughout the night to keep them
                                             Coast Guard rescuer, Evan Grills, in a                  they lost the fox. The snowmachine                     awake, which was successful.
                                             real epic story for those who listened                  was now stuck in the snow, and they                      The next morning, the storm had
                                             to it—what this young scout swim-                       were lost in a white blizzard. They                    cleared, the sun started to come up,
                                             mer—rescue swimmer did in his first                     were lost.                                             and the search throughout the State,
                                             mission ever in the Coast Guard, some-                    Chris, the 14-year-old—the oldest of                 with all of these other Alaskans look-
                                             thing that people should remember for                   the group, the leader—was determined                   ing for these four boys, continued. For
                                             a long, long time.                                      to lift the snowmachine free of the                    hours and hours, the search team kept
                                               This week, I am going to talk about                   snow. He lifted it so hard that it was                 their eyes peeled for anything unusual
                                             another rescue mission—an only-in-                      later discovered he suffered a hernia.                 on the tundra.
                                             Alaska mission—and I am going to rec-                   This is one tough kid.                                   About 1 hour before the sun was
                                             ognize four extraordinary young Alas-                     Eventually, the machine unfortu-                     going to go down again the next day,
                                             kans who stuck together, toughed it                     nately ran out of gas, and the young                   the search party from Scammon Bay—
                                             out, looked out for one another, and                    boys were miles and miles away from                    about 50 miles south—saw something.
                                             were rescued in another perilous situa-                 their village and lost. They began                     They knew how to read the tundra.
                                             tion. They are Christopher Johnson,                     tracking through the deep snow in                      They knew what a snow drift would
                                             age 14; Frank Johnson, age 8; Ethan                     whiteout conditions in a direction they                look like, and this one looked dif-
                                             Camille, age 7; and Trey Camille, 2                     thought was the way back home.                         ferent. Then they saw movement.
                                             years old. All of them are alive and re-                  At one point, one of the boys briefly                  The search party investigated and
                                             covering because of their own inge-                     took off his glove, which the wind                     came upon the four missing boys
                                             nuity, determination, toughness, and                    promptly took away in the storm. Yet                   huddled and bundled together. Because
                                             looking out for one another. These four                 they continued walking and walking                     it looked like one big mass, at first
                                             boys are from Nunam Iqua, a Yupik                       into winds as high as 60 miles per hour                they didn’t think any of the boys were
                                             village 495 miles northwest of Anchor-                  and wind chills way, way below zero.                   alive, and then they realized what was
                                             age.                                                      After fighting the deep snow and                     going on. They were protecting the
                                               Home to about 200 people, this village                whiteout conditions for 4 miles, Chris                 baby.
                                             is a close-knit Yupik community on                      decided it was time to try to build a                    One of the rescuers, Herschel Sun-
                                             the south fork of the Yukon River. A                    snow cave for shelter. That is a smart                 down, told a reporter they were pro-
                                             2005 mission statement, written by                      young man, knowing how to survive.                     tecting Trey. The rescue team imme-
                                             community leaders and elders, de-                         They did it. They built a shelter out                diately got to work warming the boys
                                             scribes the village like this: ‘‘a small                of snow—a hole for them to crawl into                  up, and within 15 minutes, a Coast
                                             quiet community of family, relatives,                   and escape some of these most brutal                   Guard helicopter—our brave men and
                                             and friends working together [to pur-                   wind gusts.                                            women of the Coast Guard, always on
                                             sue] our Yupik way of lifestyle with re-                  Now, a snow cave is only used as a                   the scene—quickly transported these




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



                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00075   Fmt 4624   Sfmt 0634   E:\CR\FM\G05MR6.034   S05MRPT1
                                             S1584                                               CONGRESSIONAL RECORD — SENATE                                                          March 5, 2020
                                               The rescuer, Herschel Sundown said:                     tragedy like this from happening                       stead of the United States, the Depart-
                                               [Honestly], I don’t know how they sur-                  again. I called for a hard reset of the                ment should consider that when appro-
                                             vived. The will to survive in these young                 entire foreign national’s training pro-                priate.
                                             boys is amazing. I have never seen anything               gram and for all Saudi nationals train-                  This terrorist should have never been
                                             like [it].                                                ing in the United States to be sent                    allowed into our country, let alone on
                                               Irene, the grandmother of the three                     home until the U.S. Department of De-                  any American military base with easy
                                             and mother of one, is so very proud of                    fense completed a thorough review.                     access to military men and women.
                                             them. She said: If I were to get lost in                    We now know that 21 of the foreign                   The Secure U.S. Bases Act makes sure
                                             Alaska in the wilderness, I would want                    military students were withdrawn from                  foreign military students training at
                                             to be with these four boys. So would I.                   the program and returned to Saudi                      U.S. bases are thoroughly vetted and
                                               She also asked for the prayers of the                   Arabia after an investigation found                    monitored and that our troops are pro-
                                             country for Ethan and for his hand to                     that they were engaged in dangerous                    tected and never have to experience a
                                             heal. And that is starting to happen.                     activities, including accessing anti-                  tragedy like this again.
                                               These are the kind of young men and                     American jihadists websites and child                    I had the opportunity to serve in the
                                             boys in Alaska who make us so unique,                     pornography.                                           U.S. Navy and can’t imagine our mili-
                                             tough, and resourceful. They uplift us,                     Withdrawing these students was a                     tary men and women feeling unsafe on
                                             and they make us proud. They are the                      positive step, but there are still more                their post. It is a place where they
                                             protectors of their lands, their homes,                   than 850 military students from Saudi                  train and serve, where their families
                                             and, importantly, each other.                             Arabia who remain in the United                        live—some on base and some off—and
                                               To the rescue crews, thank you again                    States at 38 military installations in 17              where they deserve to feel safe and se-
                                             for your hard work and perseverance                                                                              cure.
                                                                                                       States, and there are thousands of ad-
                                                                                                                                                                I hope all my colleagues join me in
                                             and for risking your own lives for these                  ditional foreign nationals from coun-                  this effort and keep our U.S. bases se-
                                             young boys.                                               tries around the world training at U.S.                cure.
                                               To Christopher, Frank, Ethan, and                       military basis across our great Nation.                  I yield the floor.
                                             little 2-year-old Trey, thank you for                       I am not calling for an end to these                   The PRESIDING OFFICER. The Sen-
                                             your inspiration, for your ingenuity,                     programs. Our alliances around the                     ator from Texas.
                                             for your toughness, and for being able                    world, including our longstanding rela-                                  SUPREME COURT
                                             to survive in the elements and looking                    tionship with Saudi Arabia, are invalu-                  Mr. CORNYN. Mr. President, yester-
                                             out for each other. Thank you for stay-                   able in defending American national                    day our colleague, the senior Senator
                                             ing alive and staying safe, and con-                      securities and our interests abroad.                   from New York, headed across the
                                             gratulations on being our Alaskans of                     These programs play an important                       street to join a pro-abortion rally out-
                                             the Week.                                                 role, but we cannot put the lives of our               side the Supreme Court Building,
                                               I yield the floor.                                      military men and women at risk.                        where he made deeply disturbing com-
                                               The PRESIDING OFFICER. The Sen-                           We need to make sure that our men                    ments about two of the Justices sitting
                                             ator from Florida.                                        and women in uniform are safe at all                   on the Supreme Court. He said these
                                               Mr. SCOTT of Florida. Mr. President,                    times, especially when they are train-                 words:
                                             first, I want to thank the Senator from                   ing right here in the United States.                     I want to tell you, Gorsuch. I want to tell
                                             Alaska for his ‘‘Alaskans of the Week’’                     Today, I am proud to join with my                    you, Kavanaugh. You have released the
                                             each week. I have had the opportunity                     colleague Senator JONI ERNST to intro-                 whirlwind, and you will pay the price. You
                                             to preside a few times when he recog-                     duce the Secure U.S. Bases Act, to                     won’t know what hit you if you go forward
                                             nizes the Alaskan of the Week, and the                    make sure these programs are operated                  with these awful decisions.
                                             stories are unbelievable. The story last                  with American interests first and that                   He certainly didn’t mince words. The
                                             week of what the young man from the                       our men and women in uniform are                       minority leader of the U.S. Senate
                                             great State of Florida did up in Alaska                   protected.                                             threatened two sitting Supreme Court
                                             was just remarkable.                                        The Secure U.S. Bases Act does three                 Justices based on the potential out-
                                               So I say to the Senator, thank you                      things. First, it creates a new visa cat-              come of a case they are considering.
                                             for what you do.                                          egory for foreign military students                    That is the only way to interpret what
                                               Mr. SULLIVAN. Thank you.                                training on U.S. bases, with restric-                  he said.
                                                             SECURE U.S. BASES ACT                     tions on their travel and actions while                  It is no surprise to any of us that the
                                               Mr. SCOTT of Florida. Mr. President,                    they are in our country. Individuals                   Senator from New York is no fan of the
                                             I speak today in honor of the three vic-                  who receive the new visa will be pro-                  two most recent additions on the
                                             tims of the tragic terrorist attack that                  hibited from possessing, acquiring, or                 Court, but a fiery floor speech and a
                                                                                                       using firearms, except for uses specifi-               downright threat of violence are two
                                             took place at Naval Air Station Pensa-
                                                                                                                                                              very different things.
                                             cola on December 6, 2019.                                 cally required by their training pro-
                                                                                                                                                                We have heard some of our Demo-
                                               Airman Mohammed Sameh Haitham,                          gram, and they will be under the con-                  cratic colleagues voice their mis-
                                             known to friends and family as ‘‘Mo,’’                    tinual oversight of their commander.                   givings about the Court, but no one, to
                                             just 19 years old, from St. Petersburg,                     Second, the bill changes the applica-                my knowledge, has sunk so low as to
                                             FL, was a great athlete who loved to                      tion process and vetting requirements                  threaten sitting Justices. As you would
                                             make others laugh.                                        for foreign military students.                         expect, the shock and outrage were im-
                                               Ensign Joshua Kaleb Watson of En-                         The application to train on U.S.                     mediate. Liberal legal scholar Lau-
                                             terprise, AL, a 23-year-old natural-born                  bases will now require an official en-                 rence Tribe denounced Senator SCHU-
                                             leader and selfless volunteer, who lift-                  dorsement letter from the chief of in-                 MER. Even Chief Justice Roberts issued
                                             ed others up, died a hero after giving                    telligence of their home country, addi-                a rare public rebuke, calling the com-
                                             first responders information on the                       tional personal information, an in-per-                ments not only inappropriate but dan-
                                             shooter’s location while he was mor-                      son interview, and an extensive back-                  gerous.
                                             tally wounded.                                            ground check that will include a review                  The simple end to this story would be
                                               Airman Apprentice Cameron Scott                         of social media activity. The U.S. Di-                 that our colleague would apologize to
                                             Walters of Richmond Hill, GA, was just                    rector of National Intelligence will                   Justice Gorsuch, Justice Kavanaugh,
                                             21 years old, with a contagious smile,                    also be responsible for the final deci-                and to the American people, but in-
                                             whose dream was to serve his country.                     sion on whether to admit an applicant                  stead of doing that, he has doubled
                                               Our sailors and law enforcement offi-                   into this program.                                     down. His office has accused the Chief
                                             cials showed heroism and bravery in                         Finally, the Secretary of Defense                    Justice somehow of bias and said Sen-




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



                                       VerDate Sep 11 2014     04:52 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00076   Fmt 4624   Sfmt 0634   E:\CR\FM\G05MR6.035   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                               S1585
                                             Members of Congress just a short time                   some legitimate questions and con-                       I am incredibly grateful to the
                                             previously. But the minority leader did                 cerns they needed answered.                            healthcare workers around the world
                                             not fumble over words. He clearly                         I felt like, at the time, the meeting                who are battling this virus and the
                                             named       Justices     Gorsuch      and               was a positive step to help encourage                  dedicated scientists who are working
                                             Kavanaugh in his threat, and when it                    coordination between local officials                   hard to develop a vaccine.
                                             caught the inevitable firestorm, his of-                and their Federal partners, but now                      In the past few days, I have spoken
                                             fice deliberately tried to mislead the                  there is even higher concern after we                  with President Trump, Secretary Azar,
                                             American people about what he said.                     learned one patient was released only                  and my colleagues on the Appropria-
                                               ‘‘[P]ay the price. You won’t know                     to later find out the test result indi-                tions Committee—who did good work
                                             what hit you’’—those are not the types                  cated her virus was still active. At the               on this supplemental appropriations we
                                             of statements we need from any elected                  end of her treatment, in accordance                    just voted on—about the need for addi-
                                             official, let alone one of the highest                  with CDC guidelines, the patient was                   tional coordination and resources, and
                                             ranking Democrats in the country, nor                   tested on two occasions with a 24-hour                 I thank each of them for their commit-
                                             are they a good example because oth-                    intervening period, which was protocol                 ment in keeping Americans and Texans
                                             ers—maybe vulnerable persons—who                        at the time, and she was ultimately re-                safe.
                                             hear words like that may become in-                     leased. Following her release, though, a                 In this supplemental appropriations
                                             cited to take things into their own                     test that the CDC was unaware was                      bill that we just voted on, I requested
                                             hands in innumerable ways that we                       conducted returned results indicating                  funding for State and local commu-
                                             can’t anticipate.                                       the patient was still a weak positive                  nities—including San Antonio—which
                                               Unfortunately, some of our col-                       for the virus. At that point, she was re-              have been at the forefront of this bat-
                                             leagues on the other side, including the                turned to isolation, after spending                    tle, and today we delivered a big win
                                             junior Senator from Rhode Island, fell                  about 12 hours in the broader San An-                  for them. The supplemental funding
                                             in line and chose to echo the minority                  tonio community, including time at a                   bill we just passed will make $950 mil-
                                             leader in criticizing the Chief Justice.                shopping mall and a hotel.                             lion available for reimbursement for
                                               It doesn’t matter what case is before                   While I am glad this mistake was                     the costs Texas and other States across
                                             the Supreme Court or what ruling is                     caught and corrected, it raises serious                the country have incurred while moni-
                                             ultimately handed down; congressional                   questions that need to be answered to                  toring and treating individuals exposed
                                             leaders must set an example for the                     ensure the continued protection of the                 to the coronavirus.
                                             American people and respect the inde-                   American people.                                         I want to thank Senator SHELBY and
                                             pendence of the judiciary and the three                   Earlier this week, Senator CRUZ and                  the ranking member, Senator LEAHY,
                                             coequal branches of government. We                      I sent a letter to the Director of the                 for their work on this, and I am glad
                                             have had innumerable discussions                        Centers for Disease Control, Dr. Robert                this much needed relief is now on the
                                             about hate speech and threats of vio-                   Redfield, asking him to explain how                    way.
                                             lence against our leaders and politi-                   this incident happened and how it                        I yield the floor.
                                             cians. The last thing we need is one of                 could be avoided in the future. Now                      I suggest the absence of a quorum.
                                             the most powerful men in the country                    that the majority of the individuals                     The PRESIDING OFFICER. The
                                             making a threat against Supreme                         who had been evacuated from the Dia-                   clerk will call the roll.
                                             Court Justices. It doesn’t matter                       mond Princess cruise ship, as well as                    The senior assistant legislative clerk
                                             whether you are a fourth grader on the                  from     Wuhan     Province—repatriated                proceeded to call the roll.
                                             playground or a U.S. Senator—our les-                   Americans—have been released from                        Mr. CASSIDY. Mr. President, I ask
                                             son should be that violence is never the                quarantine, what steps is the Centers                  unanimous consent that the order for
                                             answer and that words matter.                           for Disease Control taking to ensure                   the quorum call be rescinded.
                                               The simple end of this would be for                   they are truly clear of the virus? How                   The PRESIDING OFFICER (Mr.
                                             Senator SCHUMER to apologize to the                     are they monitoring those released                     SCOTT of Florida). Without objection,
                                             Justices for his attacks, by name: Jus-                 from quarantine, and what public                       it is so ordered.
                                             tice Gorsuch, Justice Kavanaugh, and                    health risks does the larger population                  Mr. CASSIDY. Mr. President, one
                                             Chief Justice Roberts.                                  face after their release?                              thing that is on everybody’s mind right
                                                               CORONAVIRUS                             After a lot of conversations, we also                now is this: How do we prepare to ad-
                                               Mr. President, on another matter, at                  asked Director Redfield if additional                  dress the coronavirus? I speak not just
                                             the beginning of February, the Air                      evacuees will be brought to Texas for                  as a Senator but, perhaps even more
                                             Force announced that my hometown,                       quarantine and what will happen if San                 particularly, as a physician who has
                                             San Antonio, would be one of the quar-                  Antonio’s health resources reach their                 done public health in my previous prac-
                                             antine sites for Americans evacuated                    maximum capacity.                                      tice, working with immunizations,
                                             from China due to the coronavirus.                        I think it is fair to say that my                    looking at all those issues as to who is
                                             Lackland Air Force Base is home to an                   hometown is carrying more than its                     vulnerable and who needs to be pro-
                                             incredibly dedicated and talented                       fair share of this international out-                  tected.
                                             group of airmen, and I thank the Air                    break, and its residents deserve an-                     There are a couple of things that are
                                             Force for their assistance in housing                   swers. As we continue to see headlines                 quite apparent from what we have al-
                                             these American evacuates during their                   about the spread of the virus in Wash-                 ready learned from this epidemic. Let
                                             quarantine period. Also, the State of                   ington State, New York, California,                    me compliment the Chinese. They have
                                             Texas and the city of San Antonio have                  and others, it is clear that time is of                come in for some criticism that was
                                             many hard-working medical profes-                       the essence.                                           well deserved, but in other things they
                                             sionals, and I have no doubt that these                   As we seek those answers, I encour-                  have helped determine a lot of things
                                             patients who developed symptoms have                    age all of my constituents and all                     that will benefit the rest of the world
                                             received top-notch care while at Meth-                  Americans to read the best guidance on                 in terms of the natural history of
                                             odist Hospital and the Texas Center for                 how to keep themselves and their fami-                 coronavirus.
                                             Infectious Disease.                                     lies safe. While this is a new virus, the                By the way, the theme of this talk is
                                               But there was and still is serious con-               same old techniques that your mother                   that we have to make sure that
                                             cern about the larger public health im-                 taught you while you were growing up                   coronavirus medications are going to
                                             pact this virus could have. A couple of                 apply: Wash your hands, disinfect com-                 be available and affordable for senior
                                             weeks ago, I brought together the city                  monly touched household surfaces, and                  citizens. Why do I emphasize senior
                                             of San Antonio officials, like the                      avoid contact with those who are sick.                 citizens? One thing we have learned




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



                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00077   Fmt 4624   Sfmt 0634   E:\CR\FM\G05MR6.038   S05MRPT1
                                             S1586                                             CONGRESSIONAL RECORD — SENATE                                                        March 5, 2020
                                             have a chronic illness—and chronic ill-                   Mr. President, you know this, but for                  But for the purposes of this talk, in-
                                             ness can be hypertension, high blood                    the folks watching, I will explain the                 stead of current law where it is 5 per-
                                             pressure—again, you are particularly                    tension. Whatever we do to control the                 cent no matter how much it is, what
                                             susceptible. If we know that our Medi-                  cost of medication has to preserve the                 the senior citizen has to pay is capped,
                                             care population is most vulnerable, let                 incentive for industry—for pharma-                     so however much that coronavirus drug
                                             us focus particularly upon them.                        ceutical companies and vaccine manu-                   costs, the senior can afford it. She will
                                               First, science is working. There are                  facturers—to continue to innovate. If                  not die because she can’t afford to pay
                                             at least six vaccines that are being de-                you take away all their profits, they                  5 percent of a list price no matter how
                                             veloped to attempt to address the                       will just go home. Why invest billions                 high that list price is.
                                             coronavirus. Hopefully, one of them                     of dollars if you don’t make a profit?                   This so-called Grassley-Wyden bill
                                             will work. There are other therapies                    On the other hand, if they are able to                 has passed out of the Senate Finance
                                             being developed. Some of them are                       charge so much that no one can afford                  Committee. It needs to come to the
                                             medications. Four different medicines                   it, no matter how innovative they are,                 floor of the Senate. We need to have a
                                             are now being tested to see if they are                 it is as if the innovation never oc-                   vote on it because as we prepare to
                                             the ones that absolutely prevent                        curred.                                                fight the coronavirus—to literally put
                                             coronavirus. We know whatever drug                        If the theme of this discussion is                   in policies that will save lives of our
                                             that is could end up being quite expen-                 ‘‘How     do   we    make    sure    that              senior citizens—one of those has to be
                                             sive. For the Medicare Part D bene-                     coronavirus medications are available                  this: How do we make sure the drug is
                                             ficiary, that leads into this discussion:               and affordable for the senior citizen?’’               affordable?
                                             How do we make sure those drugs are                     we have to strike that balance. It has                   I am renaming Grassley-Wyden. I am
                                             effective?                                              to be the balance between encouraging                  now calling Grassley-Wyden the ‘‘Mak-
                                               Let me show you the current situa-                    innovation by allowing a profit but not                ing Coronavirus Drugs Affordable.’’ It
                                             tion. This is the Medicare Part D                       so much profit that the senior citizen                 caps out-of-pocket expenses; it lets pa-
                                             standard benefit parameter under cur-                                                                          tients pay over time, not all at once in
                                                                                                     cannot afford it, and it is as if the in-
                                             rent law. In the orange is that which                                                                          January and February; it protects pa-
                                                                                                     novation never occurred.
                                             the beneficiary pays, the Medicare Part                   So far there are two options. There is               tients from price gouging; it preserves
                                             D beneficiary. The blue is what the in-                 a bill on the House side called H.R. 3. A              the innovation that does bring us these
                                             surance plan pays. The green is what                    lot of what they have is very similar to               new drugs.
                                             the manufacturer pays. The dark blue                    that which was passed in the Senate,                     We have lots of stuff coming through
                                             is what the taxpayer pays, the Medi-                    which I personally think is a very good                this Congress to address our Nation’s
                                             care system.                                                                                                   vulnerability to coronavirus. We need
                                                                                                     bill. But they have one provision that
                                               What you see is, initially, beneath                                                                          to focus on those who are most vulner-
                                                                                                     says the Federal Government can dic-
                                             the deductible, the Part D bene-                                                                               able, those who are 65 and above. We
                                             ficiary—the senior citizen on Medicare                  tate to the pharmaceutical company:
                                                                                                     This is how much you charge. And if                    applaud industry, pharmaceutical com-
                                             Part D—pays 100 percent. Then, you go                                                                          panies, researchers, and vaccine manu-
                                             into what is called the initial coverage                you don’t accept our price, ultimately,
                                                                                                                                                            facturers for the effort they are put-
                                             phase, 25 percent; the coverage gap                     we will take 95 percent of your profits.
                                                                                                       If we are going to try to incentivize                ting in to find those drugs. We thank
                                             phase, 25 percent; and then above the                                                                          the Chinese for running many of these
                                                                                                     companies to come up with new medi-
                                             catastrophic coverage, the senior cit-                                                                         clinical trials that will hopefully es-
                                                                                                     cations to fight cancer, to fight
                                             izen pays 5 percent, no matter how                                                                             tablish that one of these drugs is actu-
                                             much that drug costs. That drug could                   coronavirus, to fight Alzheimer’s dis-
                                                                                                                                                            ally effective. Yet what we must do is
                                             cost $1 million, and they are going to                  ease, we can’t go to them at the get-go
                                                                                                                                                            continue to allow innovation and, at
                                             pay 5 percent under current law.                        and say: If you don’t accept the price
                                                                                                                                                            the same time, make sure that
                                               By the way, that is the list price.                   we dictate, we are going to take 95 per-
                                                                                                                                                            coronavirus drugs are affordable. This
                                             Even if the manufacturer and the phar-                  cent of your profit.
                                                                                                       That is the way you end up with no                   bill will pass the Senate if it comes to
                                             macy benefit manager have a deal                                                                               the floor. I ask that it be brought to
                                             where the drug might be priced at                       innovation whatsoever. Even though
                                                                                                     there is a fair part of that bill that is              the floor.
                                             $100,000 but the rebate is $50,000 that                                                                          I yield the floor.
                                             goes back to the manufacturer—so                        constructed, that one is a deal breaker,                 I suggest the absence of a quorum.
                                             your net price is $50,000—the bene-                     and I can tell you that this doctor, who                 The PRESIDING OFFICER. The
                                             ficiary is paying 5 percent of the list                 has seen a tremendous amount of inno-                  clerk will call the roll.
                                             price. She is paying 5 percent of                       vation that has saved so many lives,                     The legislative clerk proceeded to
                                             $100,000. She does not benefit from any                 will not agree to a provision that kills               call the roll.
                                             rebates. This is current law.                           innovation.                                              Ms. MURKOWSKI. Mr. President, I
                                               We can imagine if a drug that is                        But then we go to the other side.                    ask unanimous consent that the order
                                             quickly developed, expensive to de-                     What about the bill that we have here                  for the quorum call be rescinded.
                                             velop, and expensive to produce—and it                  in Senate Finance? It came out of the                    The PRESIDING OFFICER. Without
                                             is the only one that works against the                  Senate Finance Committee on a bipar-                   objection, it is so ordered.
                                             coronavirus—it is going to be an expen-                 tisan basis, and on that bipartisan                                      S. 2657
                                             sive drug. We can also imagine if it is                 basis, it saves taxpayers $80 to $100 bil-               Ms. MURKOWSKI. Mr. President, I
                                             an old drug that happens to work,                       lion over 10 years. Drug companies still               appreciate the strong vote that we had
                                             there might be somebody who buys it,                    make their profit. They still have the                 yesterday, 90 to 4, to advance and con-
                                             closes down all the competition, and                    incentive to innovate, but taxpayers                   tinue debate on S. 2657.
                                             then charges an arm and a leg for this                  also save.                                               Just after that vote was concluded, I
                                             one old medicine—off patent for dec-                      Most importantly, for the sake of                    laid down a substitute amendment that
                                             ades—that happens to be the one medi-                   this talk—which is how we make                         contains the full text of the bipartisan
                                             cine that actually works to prevent the                 coronavirus medications affordable to                  American Energy Innovation Act. Hav-
                                             progression of coronavirus infection.                   the senior citizen when they become                    ing done that, we would normally begin
                                               How do we protect the senior citizen?                 available—we cap the amount of money                   the process of voting on amendments,
                                             Right now, one more time, she is ex-                    the senior citizen has to pay for her                  whether by voice or by rollcall in this
                                             posed to 5 percent of the cost, no mat-                 drugs. They no longer pay 5 percent of                 so-called regular order. We certainly
                                             ter how expensive it is, under current                  this price, even if the list price is $1               have no shortage of options. We have
                                             law. There are a couple of proposals                    million. We are going to cap that so                   some 200 amendments that have now




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



                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00078   Fmt 4624   Sfmt 0634   E:\CR\FM\G05MR6.042   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                    S1587
                                             this week from Monday until, effec-                     Senate, but we have also drawn strong                  the American Petroleum Institute and
                                             tively, now. It has been frustrating.                   support from many stakeholders out-                    the National Ocean Industries Associa-
                                             Both Senator MANCHIN and I have been                    side. A group of 39 major trade associa-               tion. We appreciate all of them—
                                             working to try to facilitate that. We                   tions, think tanks, advocacy groups,                   ClearPath Action, Citizens for Respon-
                                             want to take amendments. The leader                     and environmental groups wrote us to                   sible Energy Solutions, the Corps Net-
                                             wants us to take amendments. We have                    express their strong support for our en-               work, the American Wind Energy Asso-
                                             a good bill. We think we have a pretty                  ergy innovation package. The signato-                  ciation, the Nuclear Energy Institute,
                                             strong bill, but we know that it is al-                 ries include the U.S. Chamber of Com-                  the Clean Air Task Force, Third Way,
                                             ways possible to make it better by                      merce, the National Association of                     the Energy Storage Association, and so
                                             gathering those ideas from colleagues                   Manufacturers, the Environmental De-                   many more that have contacted us and
                                             who have not been part of the process                   fense Fund, and the Nature Conser-                     have shared their support.
                                             on the Energy and Natural Resources                     vancy—just to name a few of the many.                    We are hearing a lot from Alaskans
                                             Committee. We want to address those                       Here are some of the comments that                   as well. As the Alaska Power Associa-
                                             priorities from as many Members as we                   we have heard.                                         tion wrote in a letter we received this
                                             can.                                                      They wrote:                                          week:
                                               While we were blocked on votes this                     Our diverse organizations recognize and                APA and our member electric utilities
                                             week, our staffs have been working to-                  agree that climate change is an important              throughout the State reiterate our support
                                                                                                     national priority that demands Congres-                for the many energy law modernization ele-
                                             gether—Senator MANCHIN’s and mine—                      sional attention. While we may not agree on            ments that comprise your American Energy
                                             to develop a modified substitute that                   everything, we believe there is much com-              Innovation Act . . . AEIA will help Alaska’s
                                             will add to the original text. We now                   mon ground upon which all sides of the de-             far-flung electricity providers and their con-
                                             have a total of 18 filed amendments                     bate can come together to begin to address             sumers.
                                             that will be included as part of the un-                climate change, promote American techno-                 The U.S. Chamber of Commerce’s
                                             derlying text. We have been working                     logical leadership, and foster continued eco-
                                                                                                     nomic growth. In particular, there is a grow-
                                                                                                                                                            Global Energy Institute wrote: ‘‘We
                                             this week—maybe not actively out on                                                                            urge the Senate to seize this oppor-
                                                                                                     ing consensus that the development and
                                             the floor with a process where folks are                                                                       tunity to fuel American innovation and
                                                                                                     commercialization of new technologies are
                                             voting—but we have been able to take                    important factors that will determine how              promote climate action by passing this
                                             some of these consensus areas, bring                    quickly and at what cost greenhouse gas                legislation without delay.’’
                                             them together, and put them into a                      emissions can be reduced.                                Those are some pretty good words
                                             modified text.                                            The American Energy Innovation Act will              coming from them. We certainly would
                                               This is not my preferred approach. If                 help do just that . . . [It] will accelerate           agree.
                                             we could do it the good old-fashioned                   these breakthroughs and enable adoption of
                                                                                                                                                              We had an opportunity this morning,
                                                                                                     lower emitting and more efficient tech-
                                             way, if you will, through individual                                                                           in the Committee on Energy and Nat-
                                                                                                     nologies . . . Congress now has its best op-
                                             votes or a managers’ amendment—a                        portunity in more than a decade to enact               ural Resources, to hear from the head
                                             managers’ package—that is great. But                    significant energy legislation.                        of the IEA, the International Energy
                                             a modified substitute was the only op-                    That is a pretty strong statement                    Agency, which is based out of Paris,
                                             tion that was available to us, recog-                   from those organizations.                              France. Dr. Fatih Birol heads up the
                                             nizing that we have limited time on                       The National Mining Association                      member countries that are part of the
                                             the floor, and we were still not able to                wrote to us, whose members under-                      IEA, and they track trends in energy
                                             form that path forward.                                 stand as well as anyone that clean                     markets. We do an annual update with
                                               I want to speak quickly about what                    technologies rely on raw materials.                    Dr. Birol, and, as usual, his words were
                                             is very much a highlight. Our modified                    It wrote: ‘‘This forward-looking legis-              important, telling, and resounding.
                                             substitute includes an even number of                   lation takes steps to address the na-                    As we reflect on what Dr. Birol high-
                                             priorities from both sides, some with                   tion’s alarming mineral import reli-                   lighted as areas of opportunity for the
                                             amendments, some with modifications.                    ance and brings the United States to                   United States to be a global energy
                                             We have been able to take provisions                    the forefront of research and develop-                 leader, what we have put in the Amer-
                                             from the Senator from Arizona, the                      ment efforts in carbon capture tech-                   ican Energy Innovation Act is exactly
                                             Senator from Rhode Island, Senator                      nologies.’’                                            the recipe that we should be pursuing
                                             ERNST of Iowa, FEINSTEIN of California,                   The Consumer Energy Alliance wrote                   to continue being a leader in the en-
                                             TILLIS of North Carolina, from New                      that our American Energy Innovation                    ergy sector, to being a strong leader
                                             Hampshire, South Dakota, Senator                        Act ‘‘provides opportunities to make                   from an economic perspective, and to
                                             HASSAN, Senator SHAHEEN, Senator                        real progress on the energy issues and                 being a strong leader in energy secu-
                                             ENZI of Wyoming, DUCKWORTH of Illi-                     environmental protections that all                     rity, in national security, and in envi-
                                             nois, CRAMER of North Dakota, CASEY                     Americans support.’’                                   ronmental security.
                                             of Pennsylvania, ROMNEY of Utah,                          The Bipartisan Policy Center wrote                     We are doing the right thing, and we
                                             BROWN of Ohio, WICKER of Mississippi,                   that our bill is ‘‘a landmark piece of                 have it within this legislation. We will
                                             STABENOW of Michigan, RISCH of Idaho,                   legislation representing a down pay-                   be moving forward more aggressively
                                             Senator MARKEY of Massachusetts—18                      ment on the innovation necessary to                    with it next week so that we can get to
                                             different provisions, which added to                    decarbonize our energy sector and mod-                 a good and positive conclusion for the
                                             what we had done previously.                            ernize our nation’s energy policies.’’                 Senate and for the country.
                                               We have priorities from nearly 70                       The Business Council for Sustainable                   I yield the floor.
                                             Members of the Senate. That makes a                     Energy wrote: ‘‘The bipartisan intro-                    The PRESIDING OFFICER. The Sen-
                                             good, strong bipartisan bill even better                duction of the American Energy Inno-                   ator from Georgia.
                                             and stronger.                                           vation Act demonstrates Congress’                                        CORONAVIRUS
                                               We now need to move to our final                      commitment to innovation in the U.S.                     Mrs. LOEFFLER. Mr. President, I
                                             steps. Just a bit ago, the majority lead-               energy sector.’’                                       was sworn in 2 months ago and left be-
                                             er filed cloture on our modified sub-                     All told, we have received support                   hind a nearly three-decade business ca-
                                             stitute amendment, which will allow us                  from more than 200 groups, companies,                  reer to serve the people of Georgia in
                                             to hold that vote on Monday evening.                    and organizations for this legislation.                our Nation’s Capital. It is truly my
                                             As we look to complete our work on                      These are groups that are really in-                   honor to support and defend the Con-
                                             this bipartisan innovation package,                     volved in keeping the lights on in big                 stitution.
                                             know that we are going to be doing                      cities, in small communities, and all                    I arrived as impeachment began, one
                                             that throughout today, tomorrow, and                    across the Nation. These involve folks                 of the most divided and partisan times




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



                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00079   Fmt 4624   Sfmt 0634   E:\CR\FM\G05MR6.044   S05MRPT1
                                             S1588                                              CONGRESSIONAL RECORD — SENATE                                                      March 5, 2020
                                               What I have seen in the last few                       is still there and the loss of property.               practical information on that cleanup
                                             weeks has been alarming. Day after                       It is going to be in the hundreds of mil-              and then kind of next steps as you go
                                             day, I witness exactly why the Amer-                     lions of dollars. Those estimates are                  about filing claims and rebuilding.
                                             ican people are fed up with Wash-                        beginning to take place, but there is a                  So we do look forward to individuals
                                             ington—the partisan rhetoric, the me-                    lot of work to do.                                     having access to this information and
                                             dia’s sensationalism, the negative po-                     The loss of life is, indeed, the most                using it because we know that we want
                                             litical news—all while America is fac-                   tender as 24 individuals have lost their               to be there and help them to recover
                                             ing a public health emergency.                           lives—18 in Putnam County. We have                     during this terrible time.
                                               The government at all levels must                      children who have lost their lives. We                   Tennessee is a State that is known
                                             carry out the responsibility to keep                     have dozens who have been injured and                  for its volunteer spirit, and as you look
                                             Americans safe. Federal agencies and                     who have been hospitalized. We still                   through some of the social media posts
                                             the Vice President and our President                     have some individuals who are unac-                    that were coming out during this
                                             are working relentlessly to do just                      counted for and are missing. So there                  storm and after the storm and you see
                                             that. We need to be united in our ef-                    is a long way back to normalcy as we                   the horror of what was transpiring
                                             forts to protect the health and safety                   look at this situation.                                with the tornadoes, you also see hope,
                                             of all Americans. This is not a time to                    I will tell you that I give a lot of                 and you see how the elected officials—
                                             score political points through baseless                  credit to our Governor and the leader-                 those local officials in these commu-
                                             commentary. It is a time for facts.                      ship that he has shown as we have                      nities—have stepped up and have taken
                                               I hope my colleagues, the media, and                   worked through this. He did get a for-                 the lead. Our mayors and our sheriffs
                                             political leaders across America will                    mal request submitted to FEMA today.                   are to be commended for the work they
                                             continue to put Americans first and                      He has asked for President Trump to                    are doing and also our emergency re-
                                             put politics aside while we prepare to                   issue a major disaster declaration. This               sponse personnel, all of our first re-
                                             combat this outbreak.                                    is going to include individual assist-                 sponders, for the way they have shown
                                               I suggest the absence of a quorum.                     ance for Davidson, Putnam, and Wilson                  up and they have worked through.
                                               The PRESIDING OFFICER. The                             Counties; public assistance for Benton,                Some of them worked through 36, 40
                                             clerk will call the roll.                                Carroll, Davidson, Gibson, Putnam,                     hours without a break in order to re-
                                               The legislative clerk proceeded to                     and Wilson Counties; and hazard miti-                  spond to this.
                                             call the roll.                                                                                                    I was at the State Emergency Oper-
                                                                                                      gation statewide. He has also requested
                                               Mrs. BLACKBURN. Mr. President, I                                                                              ations Center, and in Tennessee we
                                                                                                      Small Business Administration loans
                                             ask unanimous consent that the order                                                                            have, at our National Guard facility,
                                                                                                      for several counties.                                  the TEMA response facility, and indi-
                                             for the quorum call be rescinded.                          This is catastrophic damage. As our
                                               The PRESIDING OFFICER. Without                                                                                viduals would be so encouraged to see
                                                                                                      teams worked together to assess the
                                             objection, it is so ordered.                                                                                    this working because you have rep-
                                                                                                      situation and as I worked yesterday
                                                                                                                                                             resentatives from the highway patrol
                                                             TENNESSEE TORNADOES                      with our State’s insurance commis-
                                               Mrs. BLACKBURN. Mr. President, as                                                                             and from the TBI and from the Red
                                                                                                      sioner; with Director Sheehan of                       Cross and from so many different State
                                             I begin my remarks today, I express                      TEMA, the Tennessee Emergency Man-                     agencies, and they are working there
                                             my thanks to my colleagues here in                       agement Agency; with General Holmes,                   together to meet the needs of Ten-
                                             this Chamber and, certainly, all across                  our Adjutant General for the National                  nesseans.
                                             Capitol Hill who have extended their                     Guard; and FEMA, with its regional Di-                   On Tuesday evening, when I landed, I
                                             thoughts and their prayers and have                      rector, one of the things that was so                  went straight over to the operations
                                             asked ‘‘How are you doing?’’ when it                     significant was that the debris field                  center, and there was one gentleman,
                                             comes to talking about Tennessee and                     went on for miles and miles and miles                  and he had his puppy there. So of
                                             our citizens and those who have been                     outside of the areas that were hit. So                 course that was the first thing I want-
                                             so adversely impacted by the tornadoes                   we know this is going to take a little                 ed to do, was meet his pet. He was
                                             this week.                                               while.                                                 there working with him. And I found
                                               The damage is absolutely indescrib-                      I do have some information that I                    out that this employee, Brandon Ward,
                                             able. Even though, on early Tuesday                      want to share. The Tennessee Emer-                     actually had slept on a cot there at the
                                             morning, when the news broke and I                       gency Management Agency has taken                      facility because he had lost his home.
                                             started watching some of the local TV                    the lead in organizing the shelters and                So what did he do? The storm hits. His
                                             stations that had put drones up there                    the command centers on the ground in                   home gets hit. He heads over to work.
                                             around Nashville and Putnam County                       order to get this information out to in-               He has his pet with him. He was stay-
                                             and over in Wilson County, I could not                   dividuals in the State and to the indi-                ing there, helping others even though
                                             appreciate the extent of this damage                     viduals around the country who have                    he had experienced loss.
                                             until I walked these neighborhoods.                      family who live in these areas.                          We were at a shelter, and there was a
                                             That is something I did yesterday.                         There are three contact points that I                nurse, a paramedic, who was there, and
                                               You can see the damage. Commu-                         want to bring attention to: the home                   I found out she was from Bowling
                                             nities are now debris fields. It is just                 and property cleanup hotline, the                      Green, KY. I asked why she had chosen
                                             indescribable the power of this storm—                   statewide crisis phone line, and then,                 to come. She said: We knew you needed
                                             an F–2, an F–3, and an F–4. These tor-                   for individuals who are trying to figure               help. So she came from Bowling Green
                                             nadoes ripped through Tennessee—                         out how to access help for recovery,                   to fill in until someone could get there
                                             through Carroll County, Gibson Coun-                     the website TN.gov/TEMA. There is a                    and handle a shift. Helping people.
                                             ty, Humphreys County, Benton County,                     resource directory—an aggregation—of                   Meeting their needs.
                                             Davidson County, Wilson County, and                      where to go to find help and informa-                    We have seen Tennesseans by the
                                             Putnam County. The damage that they                      tion.                                                  thousands show up. Big smiles. They
                                             have seen on the ground is sometimes                       The crisis phone line is a mental                    have got water. They have got food.
                                             for 50 miles. It is just absolutely inde-                health phone line because the impact                   They have brought along chainsaws
                                             scribable.                                               of this kind of tragedy just cannot be                 and tractors and bulldozers and four
                                               What we have seen are many families                    understated.                                           wheelers—everything needed to clear
                                             who have been left homeless. Their                         So, as I said, two important phone                   these debris fields, to move into these
                                             homes are now piles of rubble. We have                   numbers—one can help you if you need                   communities where houses once stood,
                                             seen over 100,000 Tennesseans initially                  emergency cleanup, and another will                    and to help these individuals who are
                                             without electricity, but because of the                  connect you to trained mental health                   seeking to push forward in rebuilding




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



                                       VerDate Sep 11 2014    03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00080   Fmt 4624   Sfmt 0634   E:\CR\FM\G05MR6.046   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                S1589
                                               We know this is going to be a long                    down the barrel of another continuing                  the current plan of 2016. That may
                                             road back, but we also know we are                      resolution, which we now know costs                    change when we see this new ship-
                                             getting special attention with FEMA                     the U.S. military $5 billion per quarter.              building plan, which, by the way, was
                                             being on the ground.                                      For 12 of the last 13 years, the Con-                due when the budget was submitted to
                                               Tomorrow, we are going to welcome                     gress has put a continuing resolution                  Congress. That is an 80-ship delta—80-
                                             President Trump to the State, and he                    in place for the first quarter of each                 ship disadvantage that we have to
                                             will be able to see firsthand what has                  new fiscal year. Only in 2018, when this               China. That doesn’t count what Russia
                                             happened by an unprecedented storm                      body stayed here in August and wres-                   is investing in its new technology, sub-
                                             that swept through this State on the                    tled this issue to the ground, did we                  marine, and surface fleet.
                                             ground for 50 miles—an F–4 tornado—                     fund the military by the end of the fis-                 We also know what China is doing
                                             and he is also going to see Tennesseans                 cal year—only one time in the last 13                  with the Belt and Road Initiative on
                                             working together.                                       years. As a matter of fact, in 2018 when               the back of this incremental capability
                                               I yield the floor.                                    we got 75 percent of the budget funded,                they have in the naval power that they
                                               The PRESIDING OFFICER. The Sen-                       that was the first time in 22 years we                 have been developing for the last 30
                                             ator from Georgia.                                      had gotten that much funded.                           years. That is the Belt and Road Initia-
                                                        DEFENSE APPROPRIATIONS                         This is ridiculous. It is broken. We                 tive where they go into more than 30
                                               Mr. PERDUE. Mr. President, I rise                     have to fix it. The victim of that has                 ports in Africa, over 50 ports in Latin
                                             today to talk about what turns into a                   been the U.S. military. This is dev-                   America—that is South America and
                                             perennial topic, and that is how we                     astating on their operation of rebuild-                Central America—where they make
                                             fund our military.                                      ing readiness and now on the recapital-                these proprietary loans. They have al-
                                               We are in a situation that in the last                ization program we are beginning in                    ready foreclosed on two of those propri-
                                             45 years, we have only funded the Fed-                  earnest.                                               etary loans—one in Colombo, Sri
                                             eral Government four times on time.                       Over the last 20 years, shipbuilding                 Lanka, and the other in Karachi, Paki-
                                             Yet we see a situation where the world                  has been devastated. We have lost some                 stan, where they have actually taken
                                             is more dangerous than at any time in                   20,000 vendors across all of the DOD,                  possession and they are now building
                                             my lifetime. We face five threats                       most of those in shipbuilding. Almost                  military naval bases in those ports.
                                             across five domains—this has increased                  14,000 primary vendors have been lost                    Add to that what we see them doing
                                             over the last 15 or 20 years—and at the                 in the supply chain.                                   and have done in the South China Sea.
                                             same time, we have been at work for 20                    Now, even if we were to fund a re-                   I actually was blessed to be able to go
                                             years against terrorism. That war has                   capitalization effort that would get us                with the Navy on a flyover—part of a
                                             not abated. It has not gone away. It is                 back to being on par with some of our                  Freedom of Navigation Operation in
                                             still there.                                            peer competitors, I question whether                   the South China Sea—to see exactly
                                               We now face five threats—primarily,                   we even have the supply chain today to                 what China has done there. We saw
                                             China, Russia, Iran, North Korea, and                   do that. This is a major challenge for                 Coast Guard ships 1,000 kilometers off
                                             terrorism—across five domains: air,                     us right now.                                          the coast of China down in the South
                                             land, sea, cyber, and now space. Yet,                     Technology is building, our lethality                China Sea, patrolling the waters, as if
                                             with that backdrop, the world being                     is building, the way we fight our fleet                they were within the 12-mile legal
                                             more dangerous than at any time in                      is building, but we have to be serious                 limit of China.
                                             my lifetime—and I remember the Cold                     about maintaining continuity of fund-                    We believe that we can compete.
                                             War. I remember the Cuban missile cri-                  ing across decades with regard to this                 Today we are still the 800-pound go-
                                             sis. These are things that, in my child-                capability we have. We are the 800-                    rilla. Our technology and our sailors
                                             hood, really imprinted on my brain                      pound gorilla beneath the sea today,                   and pilots in the Navy and our marines
                                             how dangerous the world can be. Yet,                    but today we are outgunned and                         are the best in the world. We can stand
                                             today, I say with some qualification,                   outsticked by one of our ‘‘near peer                   up to the threat today.
                                             the world is more dangerous than at                     competitors,’’ and that is China.                        My question and caution today, as we
                                             any time in my lifetime. Yet, three                       We have a 2016 shipbuilding plan that                are looking at this authorization for
                                             times in the last 50 years—the last                     was done prior to the 2017 national de-                our defense and for the budgeting
                                             three Democratic Presidents cut spend-                  fense strategy, the NDS. In the ship-                  therein, we have to make sure that
                                             ing in our military by 25 percent. That                 building plan of 2016, it called for 355               over the next 15 years that we do this
                                             was in the late 1970s, in the mid-1990s,                ships by 2034. These are submarines,                   shipbuilding plan, we maintain a more
                                             and just in the last decade. This is dev-               amphibious ships, heavy combatant                      consistent and better funding for that
                                             astating. We saw that in readiness in                   ships, aircraft carriers—over the next                 plan so we can rebuild the supply chain
                                             January of 2017. Two-thirds of our F/A–                 15 years.                                              in order to build this capability.
                                             18s couldn’t fly. We had only 3 Army                      Well, the NDS was done in 2017. We                     Let me state one other thing. The
                                             brigades ready to fight out of 59.                      still don’t know what that shipbuilding                number of ships is a function of the dis-
                                               This was a devastating thing we did                   plan is to support the NDS. The new                    tribution of those ships—how many
                                             to the U.S. military, and it hasn’t gone                plan is on the desk of the Secretary of                small ships, large ships, carriers, sub-
                                             away today. Today—even today—under                      Defense. I understand he is taking his                 marines, and so forth. I get that. But
                                             Republican leadership in this Senate,                   time to make sure he understands the                   the other is also a function of how the
                                             this is something that has been going                   requirements. He has a particular prob-                Navy will fight that. There are new
                                             on for decades; that is, we use some-                   lem because of the budget. I get that.                 doctrines being put in place. The Ad-
                                             thing called continuing resolutions.                      But I want to highlight today what                   vanced Battle Management System is
                                               Let me describe where we are today.                   we are up against. Today, China has 355                going in, and we are increasing dra-
                                             The reason I am here speaking to the                    ships in their navy; we have 296. That                 matically the lethality of the weapons
                                             body is that we are beginning the au-                   is a 54-ship disadvantage that we al-                  and the munitions on these vessels.
                                             thorization process for defense and                     ready have today in 2020. That is dev-                 That is the encouraging part. The dis-
                                             other authorizing functions within                      astating. Most people in America don’t                 couraging part is that China has the
                                             committees, leading to the appropria-                   think that. They don’t know that.                      lead right now with regard to range
                                             tions process, which was supposed to be                   Oh, by the way, they really have only                and speed and a few other things in
                                             completed by September 30 this year,                    one area of operations—the Indo-Pa-                    terms of their munitions. I am con-
                                             the end of our fiscal year. Well, we are                cific region, although that is changing.               fident we will catch up with that.
                                             in the sixth fiscal month of this fiscal                But we have multiple areas of oper-                      We have the first ever—thanks to




dlhill on DSKBBY8HB2PROD with SENATE
                                             year, which ends September 30, and we                   ation around the world. So this is a                   President Trump, we have the first-
                                             are just now beginning this process—                    huge disadvantage we already have                      ever audit of the DOD. It came to us 1
                                             for a lot of reasons, impeachment being                 today.                                                 year ago. We have been looking at it. It
                                             one. There are several other reasons                      If you look at the next 15 years to                  identified $4 billion of obsolete pro-
                                             contributing to the fact that we are                    2034, they are projected to go to 435                  grams they wanted to get rid of. Be-
                                             late in this process. So we are staring                 ships; we are hoping to get to 355 under               tween that $4 billion and the $5 billion



                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00081   Fmt 4624   Sfmt 0634   E:\CR\FM\G05MR6.047   S05MRPT1
                                             S1590                                             CONGRESSIONAL RECORD — SENATE                                                      March 5, 2020
                                             that is going to be wasted this year                    over to the United States for trial and                is, we went to remove the Taliban from
                                             alone, if we end up with another CR in                  those who were with him in al-Qaida or                 the leadership there so they would not
                                             the October, November, December                         we will come get them. And the                         allow al-Qaida to thrive. Al-Qaida is
                                             timeframe, that is $9 billion. That is                  Taliban’s choice was to say: Come and                  decimated; Osama bin Laden is dead;
                                             almost 40 percent of 1 year’s ship-                     get him, which we did.                                 and the Taliban have been removed
                                             building plan. That is serious money,                     Over the years, 775,000 American                     from power.
                                             and it is up to us to get that taken care               troops have deployed to Afghanistan at                   Now, is everything perfect in Afghan-
                                             of and to find that money and to re-                    least once—775,000. There were 40 dif-                 istan? Far from it. The goal was not
                                             build this Navy.                                        ferent nations that participated with                  peace and daisies when we left. The
                                               Let me close with this. The next 50 to                us in Operation Enduring Freedom to                    goal was to accomplish what we chose
                                             100 years will be determined in the next                remove the threat from that region of                  to accomplish, to establish a func-
                                             3 to 5 years, in terms of our relation-                 al-Qaida attacking us. Our twofold pur-                tioning government so they would not
                                             ship not only with China but with Rus-                  pose was: Remove Osama bin Laden                       have to go back to the Taliban, and
                                             sia, Iran, North Korea, and the other                   and al-Qaida’s leadership organization                 then to leave.
                                             threats we have around the world. We                    and their ability to attack the United                   The President’s team has been nego-
                                             have to establish with our allies, par-                 States and our allies, and No. 2, remove               tiating an agreement with the leader-
                                             ticularly our NATO allies and also                      the Taliban from leadership in Afghan-                 ship of the Taliban and with the leader-
                                             Japan—to make sure that they get                        istan because they allowed al-Qaida to                 ship of Afghanistan to determine: Can
                                             their investments moving in the right                   function and to operate in their coun-                 we begin the process of a peaceful tran-
                                             direction so that, collectively, we can                 try, and they would willingly do it                    sition out? That conversation has gone
                                             stand up to this growing threat around                  again, so they could not be allowed to                 on for 2 years. Obviously, the Afghan
                                             the world.                                              remain in Afghanistan as leaders.                      leadership likes our forces to be there.
                                               With that, I yield the floor.                         Those were our two agendas going into                  It is a stabilizing force for their coun-
                                               The PRESIDING OFFICER. The Sen-                       Afghanistan.                                           try, but we have no intention to re-
                                             ator from Oklahoma.                                       I am proud to say that the United                    main in Afghanistan forever. Our in-
                                                                  TALIBAN                            States has won this war with Afghani-                  tention is to accomplish what we need
                                               Mr. LANKFORD. Mr. President, in                       stan. Al-Qaida has been decimated. We                  to accomplish and then to withdraw.
                                             the fall of 2001—it seems like forever                  hunted down Osama bin Laden until, in                    Now, I think it entirely likely that
                                             ago—Trae Young, the great OU point                      2011, we found him and took him and                    we will have a long-term agreement
                                             guard and now Atlanta Hawks phenom,                     his core leadership out at his facility in             with Afghanistan and to have troops
                                             was just 3 years old. Darius Bazley, a                  Pakistan. We continue to drive al-                     remain in the region, much like we do
                                             player for the Thunder right now, one                   Qaida into chaos and oblivion. We con-                 in Honduras right now. We are not
                                             of the young guys, he was just barely 1                 tinue to hunt down the Taliban and                     fighting a war in Honduras, but we do
                                             year old in the fall of 2001.                           their leadership, pushing them out of                  have a base in Honduras so when there
                                               At that same time period now, al-                     any semblance of leadership in Afghan-                 are disasters in that area or in order to
                                             most 20 years ago, there was a man                      istan and isolating them in every area                 fight drug trafficking that comes
                                             named Osama bin Laden working with                      we can. They have sanctions from all                   through that area, we have a base of
                                             a small group of people in a country                    over the world against them, and their                 operations.
                                             called Afghanistan that most Ameri-                     name has become synonymous with                          I am one of those who believes long
                                             cans could not even find on a map at                    those who allow terrorism.                             term we should have a base of oper-
                                             the time. He was meeting privately                        Since the time period that we moved                  ations in Afghanistan. It would be wise
                                             with them to organize an attack on                      in and we won this war, four Presi-                    to do that. What is called ISIS-K or
                                             Americans that we could have never                      dential elections have happened in Af-                 ISIS in the Khorasan—they are thriv-
                                             imagined. He was training individuals                   ghanistan. As they have seen the                       ing in that region, and it would be wise
                                             and sneaking individuals into the                       peaceful transition of power, as messy                 for us to keep our eyes on other ter-
                                             United States, training them further to                 as it is in many other parts of the                    rorist organizations that may try to
                                             be pilots and preparing them for an at-                 world—including us—they have seen                      rise.
                                             tack that happened September 11, 2001.                  four elections happen there. Pre-                        We have no intention to stay long
                                               There is not a soul who was alive                     viously, under the Taliban’s ruthless                  term and forever or to control, man-
                                             during that time period who doesn’t re-                 thumb, women could not work or at-                     age, or be the security forces for the
                                             member where they were and what was                     tend school. Now, 36 percent of the                    Afghan Government. We are the United
                                             happening on September 11, 2001. All of                 country’s workforce is female, 40 per-                 States of America. We have issues we
                                             us, we were locked to our TVs watch-                    cent of elementary students are fe-                    want to take care of at home, and we
                                             ing an airplane fly into a side of a                    male, and 33 percent of university stu-                want our sons and daughters to live life
                                             building and kill thousands of our                      dents are female. There has been a tre-                with their sons and daughters.
                                             friends and neighbors.                                  mendous transition in what is hap-                       Now, in the last 48 hours, since this
                                               On September 14, the U.S. Congress                    pening in Afghanistan.                                 peace treaty, this organization, this re-
                                             passed an authorization for the use of                    They are still a Third World country                 duction of hostilities—whatever you
                                             military force for those individuals                    and still struggling in many areas. We                 want to call it—since this has kicked
                                             who carried out this attack, 3 days                     have seen Afghanistan begin to start to                into place in the last 40 hours, we
                                             after that attack. By October 7, the                    get some traction there. Their military                found out just how fragile things are.
                                             first troops had landed in Afghanistan.                 training has partnered with American                   The Taliban reached out and conducted
                                             They were organizing an effort to find                  leadership—generals all the way down                   several attacks at some security
                                             Osama bin Laden and to eliminate the                    to the infantry level—to meet with                     checkpoints in Helmand—not against
                                             threat of them carrying that out again.                 Americans and learn how to have a                      our forces but against some Afghan
                                               The very clear mandate at the time                    professional fighting force there.                     forces.
                                             was to work with the government at                        Now, are there issues that still re-                   They actually reached out just yes-
                                             that time in Afghanistan, the Taliban,                  main in Afghanistan? Absolutely. Af-                   terday and brought a defensive attack
                                             who were a ruthless dictatorship. They                  ghanistan has a long history of being a                against the Taliban in that region. It is
                                             had spread their hatred across Afghani-                 tribal region, with tribal leaders in                  the first violence we have had in 11
                                             stan, but they had also made a deal                     multiple areas, and a difficulty in unit-              days. We fully expect there will be mo-
                                             with al-Qaida to hide them inside of Af-                ing a very large country. But after four               ments like that, and there is no expec-




dlhill on DSKBBY8HB2PROD with SENATE
                                             ghanistan. And the Taliban, who will-                   Presidential elections and through                     tation that everything is going to be
                                             ingly allowed Osama bin Laden and the                   multiple areas of peaceful growth, it is               perfect when we leave Afghanistan.
                                             terrorist group they knew was a ter-                    time to bring this war to an end.                        Quite frankly, the United States does
                                             rorist group to remain there, became                      To answer the question: Why did we                   not operate in every location and ex-
                                             the spark for us to go to the Taliban                   go to Afghanistan in the first place and               pects there to be peace and harmony in
                                             and say: Either turn Osama bin Laden                    has that been accomplished, the answer                 every location across the world. That



                                       VerDate Sep 11 2014   04:52 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00082   Fmt 4624   Sfmt 0634   E:\CR\FM\G05MR6.049   S05MRPT1
                                             March 5, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S1591
                                             is not our standard. Right now, in Ven-                   Our family lives in safety and free-                 auto mechanic, then convinced a Burlington
                                             ezuela, that government is in great                     dom, and millions of Americans live in                 engineering firm to hire him as a draftsman.
                                             chaos, but we don’t have troops on the                  gratitude because of those 775,000 folks               After learning on the job, he started New
                                             ground trying to manage that situa-                                                                            England Air Systems in 1972. Twelve years
                                                                                                     who went there to keep the war from
                                                                                                                                                            later, he sold the business to his employees.
                                             tion. We are diplomatically working to                  coming here again.                                     ‘‘It gets companies spread out to people who
                                             engage and bring a peaceful resolution                    With that, I yield the floor.                        would never own them,’’ he told me when I
                                             to what is happening in Venezuela. We                     I suggest the absence of a quorum.                   profiled the Millers 20 years ago in Seven
                                             are putting aggressive economic sanc-                     The PRESIDING OFFICER. The                           Days. He started REM Development in 1984.
                                             tions in that place to do what we can                   clerk will call the roll.                              Although it is based in Chittenden County,
                                             to help.                                                  The senior assistant legislative clerk               the company also built, bought and rehabbed
                                               We will continue to stay engaged                      proceeded to call the roll.                            properties in downtown Newport and Rut-
                                             with Afghanistan. We have many                            Mr. MCCONNELL. Mr. President, I                      land.
                                             friends there. We have people whom we                                                                             Despite his financial success, Miller was
                                                                                                     ask unanimous consent that the order                   not a typical businessman. He preferred
                                             worked with for a very long time, side                  for the quorum call be rescinded.                      verbal agreements to written ones and en-
                                             by side. We will stay engaged with Af-                    The PRESIDING OFFICER. Without                       gaged in all manner of creative financing to
                                             ghanistan, but it is not our intent to                  objection, it is so ordered.                           spark economic development. He happily
                                             stay and remain forever. Our sons and                                                                          rented office space to Seven Days when the
                                                                                                                       f
                                             daughters need the ability to come                                                                             paper started in 1995—a windowless room in
                                             home and live their lives.                                       MORNING BUSINESS                              the basement of his building, Miller’s Land-
                                               There are folks like Terry Hill—                        Mr. MCCONNELL. Mr. President, I                      mark, at the top of Burlington’s Church
                                             Terry Hill, from Kellyville, OK. He en-                 ask unanimous consent that the Sen-                    Street. He suggested we pay $300 a month for
                                             listed in the Army in 2003, right in the                                                                       the first year and, if Seven Days were still in
                                                                                                     ate be in a period of morning business,                business at the end of it, we could pay him
                                             heat of the war with Afghanistan. He                    with Senators permitted to speak
                                             served as an engineer and then later                                                                           the difference between that sum and the real
                                                                                                     therein for up to 10 minutes each.                     rent—aka a balloon payment.
                                             became an officer and a pilot of a heli-                  The PRESIDING OFFICER. Without                         (At the request of Mr. MCCONNELL,
                                             copter. He flew 750 combat missions in                  objection, it is so ordered.                           the following statement was ordered to
                                             Afghanistan—750. After 13 years of
                                                                                                                       f                                    be printed in the RECORD.)
                                             serving in the Army and after some
                                             very hard landings, including one final                    REMEMBERING BOBBY MILLER
                                                                                                                                                                              f
                                             hard landing for him, Terry came back                     Mr. LEAHY. Mr. President, Vermont
                                             home. He is back home in Oklahoma,                      has lost one of the finest people we
                                             where he runs the Rapid Application                                                                              BUDGET ENFORCEMENT LEVELS
                                                                                                     have had in our State. Bobby Miller
                                             Group. It is a 3D printing company. It                                                                                 FOR FISCAL YEAR 2020
                                                                                                     epitomized the very best of Vermont
                                             is a really remarkable place. It started                ideals, from his childhood straight                    ∑ Mr. ENZI. Mr. President, section 251
                                             at his house and has now grown into a                   through all that he accomplished in                    of the Balanced Budget and Emergency
                                             thriving company, and that 3D printing                  our State. Throughout it all, he and his               Deficit Control Act of 1985, BBEDCA,
                                             company does some really remarkable                     lovely wife Holly were a constant,                     establishes statutory limits on discre-
                                             work for a lot of great customers. He                   quiet source of giving. The Millers                    tionary spending and allows for various
                                             hires a lot of veterans. He loves to hire               have always prioritized Vermont com-                   adjustments to those limits. In addi-
                                             other veterans, in fact, and knows the                  munities, never losing sight of their                  tion, sections 302 and 314(a) of the Con-
                                             unique needs and issues there.                          humble upbringings and never expect-                   gressional Budget Act of 1974 allow the
                                               Every Friday, Terry and a whole                                                                              chairman of the Budget Committee to
                                                                                                     ing praise for their philanthropy, even
                                             bunch of others across the area and all                                                                        establish and make revisions to alloca-
                                                                                                     when they most deserved it. I know
                                             the folks there all will wear shirts—                                                                          tions, aggregates, and levels consistent
                                                                                                     Marcelle    and    I   join   with   all
                                             what they call RAGFriday. It is to rec-                                                                        with those adjustments.
                                                                                                     Vermonters in mourning the passing of
                                             ognize and bring awareness to veteran                                                                            The Senate will soon consider H.R.
                                                                                                     Bobby Miller. Our hearts go out to
                                             suicide because he has way too many                                                                            6074, the Coronavirus Preparedness and
                                                                                                     Holly and their family.
                                             friends he wishes he had back.                                                                                 Response Supplemental Appropriations
                                               Terry is one of the 775,000 people who                  I ask unanimous consent that the ar-
                                                                                                     ticle, ‘‘Developer and Philanthropist                  Act, 2020. This measure provides sup-
                                             served in Afghanistan from the United
                                                                                                     Robert ‘Bobby’ Miller Dies at 84,’’                    plemental appropriations to support
                                             States. We are glad to have Terry
                                                                                                     originally published by ‘‘Seven Days,’’                activities related to public health and
                                             home. We are proud of his company and
                                                                                                     be printed in the RECORD.                              response to the coronavirus that qual-
                                             what he is doing and the leadership
                                             they have. We are proud of his contin-                    There being no objection, the mate-                  ify for cap adjustments under current
                                             ued engagement in the veterans com-                     rial was ordered to be printed in the                  statute.
                                             munity, continuing to make a dif-                       RECORD, as follows:                                      This measure includes $7,767 million
                                             ference.                                                       [From Seven Days, Feb. 5, 2020]                 in budget authority that is designated
                                               We want all of these folks to be able                    DEVELOPER AND PHILANTHROPIST ROBERT                 as being for emergency purposes pursu-
                                             to come home and to be our neighbors                              ‘BOBBY’ MILLER DIES AT 84                    ant    to   section    251(b)(2)(A)(i) of
                                             again and for us to hang out with                         Vermont lost one of its most generous—               BBEDCA. The entirety of this budget
                                             them. So in the days ahead, I look for-                 and colorful—philanthropists on Tuesday,               authority falls within the revised non-
                                             ward to a peaceful resolution and, after                February 4, when developer Robert ‘‘Bobby’’            security category. The Congressional
                                             winning this war in Afghanistan, to be                  Miller died of a heart attack, at the age of           Budget Office estimates that these ap-
                                             able to come home, to have continued                    84.                                                    propriations will result in $1,041 mil-
                                                                                                       A self-made man who grew up dirt poor in             lion in outlays in fiscal year 2020.
                                             diplomatic engagement with them,                        Rutland, Miller gave away millions to
                                             with a small military footprint, just to                                                                         As a result of the emergency designa-
                                                                                                     Vermont nonprofits in cash donations and
                                             be able to help them in the region when                                                                        tions, I am revising the budget author-
                                                                                                     in-kind work through his company, REM De-
                                             needed.                                                 velopment. He and his wife, Holly, who sur-            ity and outlay allocations to the Com-
                                               I am grateful that we are directing                   vives him, contributed to the King Street              mittee on Appropriations by increasing
                                             our Nation and directing our military                   Center, Champlain College, the Visiting                revised nonsecurity budget authority
                                             toward home. I could not be more                        Nurse Association, the VNA Respite House,              by $7,767 million and outlays by $1,041
                                             grateful for folks like Terry and the                   Flynn Center for the Performing Arts and               million in fiscal year 2020. Further, I
                                             775,000 others who have done every-                     many other local organizations. Their 2013             am increasing the budgetary aggregate




dlhill on DSKBBY8HB2PROD with SENATE
                                             thing their country has asked them to                   contribution to the University of Vermont              for fiscal year 2020 by equivalent
                                                                                                     Medical Center was valued at $13 million.
                                             do—to push back on al-Qaida and their                                                                          amounts.
                                                                                                       Miller invented himself. With just a high
                                             ruthless attacks on the United States                   school education, and a winning combination              I ask unanimous consent that the ac-
                                             and to make sure that that does not                     of charm and audacity, he worked his way up            companying tables, which provide de-
                                             happen again. I am proud of them for                    through the building industry in Vermont.              tails about the adjustment, be printed
                                             what they did.                                          Despite losing an arm at birth, he became an           in the RECORD.∑



                                       VerDate Sep 11 2014   03:05 Mar 06, 2020   Jkt 099060   PO 00000   Frm 00083   Fmt 4624   Sfmt 0634   E:\CR\FM\G05MR6.051   S05MRPT1


File and source

File
CREC_crec-2020-03-05_crec-2020-03-05-pt1-pgs1522.pdf
Size
709,180 bytes
SHA-256
ea81cf61bf2db030566baf7a3aa22609fe8ea493301ae785d0cd2025c7db3692
Our copy
CREC_crec-2020-03-05_crec-2020-03-05-pt1-pgs1522.pdf
Original
www.govinfo.gov
Back to top