Text of Amendments (Cong. Rec., Sept. 10, 2020)
Summary
Page S5553 of the Senate section of the Congressional Record for September 10, 2020, headed Text of Amendments, in interleaved columns. Whereas clauses of a resolution recall that Coya Knutson won a House seat in 1954 and became the first woman elected to Congress from Minnesota, and clauses of another resolution praise the American lobster as a healthy food at the peak of its season. An amendment about Xinjiang calls for an end to arbitrary detention, torture and harassment and strikes pages 260 to 262 of a bill, while other text limits State enforcement against a regulated substance.
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“Text of Amendments (Cong. Rec., Sept. 10, 2020).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-09-10-crec-2020-09-10-pt1-pgs5553-3-8b05fffbde/
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September 10, 2020 CONGRESSIONAL RECORD — SENATE S5553
Whereas, in 1954, Coya Knutson won a seat Whereas lobster is an excellent, versatile Xinjiang, and calling for an end to ar-
in the House of Representatives of the source of lean protein that is low in satu- bitrary detention, torture, and harass-
United States, despite having lost the nomi- rated fat and high in vitamin B12;
nation of her party to a man; Whereas lobster is continually incor- ment of these communities inside and
Whereas Coya Knutson became the first porated into trending recipes such as pho, outside China; which was ordered to lie
woman elected to Congress from Minnesota; gnocchi, hummus, and fried lobster and waf- on the table; as follows:
Whereas Congresswoman Knutson became fles;
the first woman to be appointed to the Com- Whereas the peak of the lobstering season Beginning on page 260, line 18, strike ‘‘as
mittee on Agriculture of the House of Rep- in the United States occurs in late summer; follows’’ and all that follows through page
resentatives; Whereas the growing reputation of the 262, line 24, and insert the following: ‘‘not
Whereas Congresswoman Knutson spon- American lobster as a unique, high-quality, more than 15 days after receiving an award
sored legislation that eventually led to ex- and healthy food has increased consumption from the Secretary under this section.’’.
panded school lunch assistance, the first of, and driven demand for, the American lob-
Beginning on page 262, strike line 25 and
Federal student loan program, and the first ster internationally;
appropriations for research on cystic fibro- Whereas the Unicode Consortium added a all that follows through ‘‘(f)’’ on page 268,
sis; lobster to its emoji set in 2018 in recognition line 9, and insert the following:
Whereas Congresswoman Knutson’s hus- of the popularity of the species around the (d) USES OF FUNDS.—A local educational
band did not support her career and report- world; agency or non-public school that receives
edly wrote a public letter in 1958 ordering Whereas countless people in the United funds under subsection (c) or section 105 may
her to return to Minnesota to ‘‘make a home States enjoy lobster rolls to celebrate sum- use funds for any of the following:
for [her] son and husband’’; mer, from beaches to backyards and from (1) Activities to support returning to in-
Whereas the story of the letter was taken fine dining restaurants to lobster shacks;
person instruction, including purchasing per-
up by the national press, with newspapers Whereas lobsters inspire children’s books
sonal protective equipment, implementing
across the United States running the head- and characters in television shows in the
line ‘‘Coya, Come Home’’; United States; flexible schedules to keep children in iso-
Whereas Coya Knutson lost reelection in Whereas lobsters have inspired artists in lated groups, purchasing box lunches so that
1958 to a man whose campaign slogan was ‘‘A the United States and throughout the world children can eat in their classroom, pur-
Big Man for a Man-Sized Job’’; for hundreds of years; chasing physical barriers, providing addi-
Whereas Coya Knutson eventually divorced Whereas lobsters have been, and continue tional transportation services, repurposing
her husband, moved permanently to Wash- to be, used as mascots for sports teams; existing school rooms and space, and improv-
ington, DC, and was appointed by President Whereas lobsters inspire festivals across ing ventilation systems.
Kennedy to be the liaison officer in the Of- the United States where people come to- (2) Developing and implementing proce-
fice of Civil Defense at the Department of gether to celebrate their love for the crusta- dures and systems to improve the prepared-
Defense, where she served until 1970; cean, from Maine to New York, down to ness and response efforts of local educational
Whereas Coya Knutson retired from poli- Texas and Florida, and all the way to Cali- agencies or non-public schools including co-
tics and moved back to Minnesota to live fornia; and ordination with State, local, Tribal, and ter-
with her son and his family until her death Whereas lobster is a staple on the menus of ritorial public health departments, and other
in 1996 at 82 years of age; and beloved restaurants across the United States relevant agencies, to improve coordinated
Whereas Coya Knutson was a trailblazer and in kitchens across the United States as responses among such entities to prevent,
and an inspiration who was devoted to her well, bringing families and friends together: prepare for, and respond to coronavirus.
community, State, and country: Now, there- Now, therefore, be it (3) Providing principals and other school
fore, be it Resolved, That the Senate— leaders with the resources necessary to ad-
Resolved, That the Senate honors the life (1) designates September 25, 2020, as ‘‘Na-
dress the needs of their individual schools di-
and legacy of Coya Knutson, whose dedica- tional Lobster Day’’; and
rectly related to coronavirus.
tion to overcoming exceptional odds and de- (2) encourages the people of the United
votion to the well-being of the United States States to observe the day with appropriate (4) Providing additional services to address
shall serve as an inspiration for generations ceremonies and activities. the unique needs of low-income children or
of individuals in the United States. students, children with disabilities, English
f learners, racial and ethnic minorities, stu-
f AMENDMENTS SUBMITTED AND dents experiencing homelessness, and foster
care youth, including how outreach and serv-
PROPOSED
SENATE RESOLUTION 688—DESIG- ice delivery will meet the needs of each pop-
SA 2653. Ms. COLLINS (for herself, Mr. ulation.
NATING SEPTEMBER 25, 2020, AS ALEXANDER, and Ms. MURKOWSKI) submitted (5) Training and professional development
‘‘NATIONAL LOBSTER DAY’’ an amendment intended to be proposed to for staff of the local educational agency or
Mr. KING (for himself, Ms. COLLINS, amendment SA 2652 proposed by Mr. MCCON- non-public school on sanitation and mini-
Ms. HASSAN, Mr. MURPHY, Mr. REED, NELL to the bill S. 178, to condemn gross mizing the spread of infectious diseases.
human rights violations of ethnic Turkic
Mr. BLUMENTHAL, Mrs. SHAHEEN, Mr. (6) Purchasing supplies to sanitize, clean,
Muslims in Xinjiang, and calling for an end and disinfect the facilities of a local edu-
WHITEHOUSE, Mr. MARKEY, and Ms. to arbitrary detention, torture, and harass-
WARREN) submitted the following reso- cational agency or non-public school, includ-
ment of these communities inside and out-
lution; which was considered and ing buildings operated by such agency.
side China; which was ordered to lie on the
agreed to: (7) Planning for and coordinating during
table.
SA 2654. Mr. CASSIDY (for himself, Ms. long-term closures, including for how to pro-
S. RES. 688 vide meals to eligible students, how to pro-
COLLINS, and Mrs. HYDE-SMITH) submitted an
Whereas lobstering has served as an eco- vide technology for online learning to all
amendment intended to be proposed to
nomic engine and family tradition in the students, how to provide guidance for car-
amendment SA 2652 proposed by Mr. MCCON-
United States for centuries; rying out requirements under the Individuals
NELL to the bill S. 178, supra; which was or-
Whereas thousands of families in the with Disabilities Education Act (20 U.S.C.
dered to lie on the table.
United States make their livelihoods from 1401 et seq.) and how to ensure other edu-
SA 2655. Mr. KENNEDY (for himself, Mr.
catching, processing, or serving lobsters; cational services can continue to be provided
BARRASSO, and Mr. CARPER) submitted an
Whereas the lobster industry employs peo- consistent with all Federal, State, and local
amendment intended to be proposed by him
ple of all ages year-round, and many har-
to the bill S. 2657, to support innovation in requirements.
vesters begin fishing as children and stay in
advanced geothermal research and develop- (8) Purchasing educational technology (in-
the industry for their entire working lives;
ment, and for other purposes; which was or- cluding hardware, software, and
Whereas historical lore notes that lobster
dered to lie on the table. connectivity) for students who are served by
likely joined turkey on the table at the very
first Thanksgiving feast in 1621, and lobster f the local educational agency or non-public
continues to be a mainstay during many school that aids in regular and substantive
other holiday traditions; TEXT OF AMENDMENTS educational interaction between students
Whereas responsible resource management and their classroom instructors, including
SA 2653. Ms. COLLINS (for herself,
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practices beginning in the 1600s have created low-income students and students with dis-
Mr. ALEXANDER, and Ms. MURKOWSKI) abilities, which may include assistive tech-
one of the most sustainable fisheries in the
submitted an amendment intended to nology or adaptive equipment.
world;
Whereas, throughout history, Presidents of be proposed to amendment SA 2652 pro- (9) Expanding healthcare and other health
the United States have served lobster at posed by Mr. MCCONNELL to the bill S. services (including mental health services
their inaugural celebrations and state din- 178, to condemn gross human rights and supports), including for children at risk
ners with international leaders; violations of ethnic Turkic Muslims in of abuse or neglect.
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S5554 CONGRESSIONAL RECORD — SENATE September 10, 2020
(10) Planning and implementing activities ative population proportion amount for a each State described in subparagraph (C) to
related to summer learning and supple- State is the product of— the extent necessary to comply with the re-
mental afterschool programs, including pro- ‘‘(A) $161,333,333,333; and quirement of subparagraph (A).
viding classroom instruction or online learn- ‘‘(B) the amount equal to the quotient of— ‘‘(C) STATES DESCRIBED.—The States de-
ing during the summer months and address- ‘‘(i) the population of the State; and scribed in this subparagraph are each of the
ing the needs of low-income students, stu- ‘‘(ii) the total population of all States. 50 States, the District of Columbia, and
dents with disabilities, English learners, mi- ‘‘(2) RELATIVE INFECTED POPULATION PRO- Puerto Rico.
grant students, students experiencing home- PORTION AMOUNT.—Subject to subparagraph ‘‘(6) DIRECT PAYMENTS TO UNITS OF LOCAL
lessness, and children in foster care. (5), the relative infected population propor- GOVERNMENT.—Not later than 15 days after a
(e) tion amount determined under this para- State receives a payment under paragraph
On page 268, line 16, strike ‘‘(g)’’ and insert graph for a State is the product of— (1) of subsection (b), the State shall make
‘‘(f)’’. ‘‘(A) $161,333,333,333; and the following payments from the amount re-
On page 269, line 13, strike ‘‘(h)’’ and insert ‘‘(B) the quotient of— served by the State under paragraph (2) of
‘‘(g)’’. ‘‘(i) the cumulative population of the State that subsection with respect to such State
On page 269, line 19, strike ‘‘(i)’’ and insert that has been infected with Coronavirus Dis-
‘‘(h)’’. payment:
ease 2019 (COVID–19) as of June 1, 2020 (in- ‘‘(A) DIRECT PAYMENTS TO COUNTIES AND
On page 269, line 24, strike ‘‘(j)’’ and insert cluding individuals who were infected and
‘‘(i)’’. MUNICIPALITIES BASED ON POPULATION.—From
have recovered as of such date); and each of the amounts reserved by a State
On page 270, line 22, strike ‘‘(e)’’ and insert ‘‘(ii) the total cumulative population of all
‘‘(d)’’. under paragraph (2) of subsection (b) with re-
States that has been infected with
On page 270, line 25, strike ‘‘(e)’’ and insert spect to the payments received by the State
Coronavirus Disease 2019 (COVID–19) as of
‘‘(d)’’. under subparagraphs (A) and (B) of para-
such date (including individuals who were in-
Beginning on page 278, line 7, strike the graph (1) of that subsection, the State shall
fected and have recovered as of such date).
comma at the end and all that follows pay to each unit of local government in the
‘‘(3) RELATIVE LOST REVENUE PROPORTION
through page 279, line 3, and insert a period. State that is a county or a municipality an
AMOUNT.—The relative lost revenue propor-
On page 279, line 4, strike ‘‘(c)’’ and insert amount equal to the product of—
‘‘(b)’’. tion amount determined under this para-
graph for a State is the product of— ‘‘(i) 50 percent of the amount so reserved;
‘‘(A) $161,333,333,333; and and
SA 2654. Mr. CASSIDY (for himself, ‘‘(ii) the quotient of—
‘‘(B) the quotient of—
Ms. COLLINS, and Mrs. HYDE-SMITH) ‘‘(I) the population of the county or mu-
‘‘(i) the lost revenue amount determined
submitted an amendment intended to for the State under paragraph (4); and nicipality (as applicable); and
be proposed to amendment SA 2652 pro- ‘‘(ii) the sum of the lost revenue amounts ‘‘(II) the total population of—
posed by Mr. MCCONNELL to the bill S. determined for all States under paragraph ‘‘(aa) in the case of a county, all counties
178, to condemn gross human rights (4). in the State; or
‘‘(4) LOST REVENUE AMOUNT.— ‘‘(bb) in the case of a municipality, all mu-
violations of ethnic Turkic Muslims in
‘‘(A) IN GENERAL.—For purposes of para- nicipalities in the State.
Xinjiang, and calling for an end to ar- ‘‘(B) DIRECT PAYMENTS TO COUNTIES AND
graph (3), with respect to a State, the lost
bitrary detention, torture, and harass- MUNICIPALITIES BASED ON LOST REVENUE.—
revenue amount is the amount equal to the
ment of these communities inside and amount by which— From the amount reserved by a State under
outside China; which was ordered to lie ‘‘(i) the amount of revenue from taxes or paragraph (2) of subsection (b) with respect
on the table; as follows: other sources for the State for calendar year to the payment received by the State under
At the appropriate place in title VIII of di- 2019; exceeds subparagraph (C) of paragraph (1) of that
vision A, insert the following: ‘‘(ii) subject to subparagraph (B), the subsection, the State shall pay to each unit
SEC. ll. CORONAVIRUS LOCAL COMMUNITY amount of revenue from taxes or other of local government in the State that is a
STABILIZATION FUND. sources for the State for calendar year 2020 county or a municipality an amount equal to
(a) IN GENERAL.—Title VI of the Social Se- (as certified by the Governor of the State). the product of—
curity Act, as added by section 5001(a) of the ‘‘(B) ADJUSTMENTS TO LOST REVENUE ‘‘(i) 50 percent of the amount so reserved;
Coronavirus Aid, Relief, and Economic Secu- AMOUNT.—For purposes of subparagraph and
rity Act (Public Law 116–136), is amended by (A)(ii), the amount of revenue from taxes or ‘‘(ii) the quotient of—
adding at the end the following: other sources for a State and calendar year ‘‘(I) the lost revenue amount determined
‘‘SEC. 602. CORONAVIRUS LOCAL COMMUNITY 2020 shall be adjusted in the following man- for the county or municipality (as applica-
STABILIZATION FUND. ner: ble) under subparagraph (C); and
‘‘(a) APPROPRIATION.— ‘‘(i) Such amount shall exclude any funds ‘‘(II) the total lost revenue amounts deter-
‘‘(1) IN GENERAL.—Out of any money in the received by the State in calendar year 2020 mined under subparagraph (C) for—
Treasury of the United States not otherwise under this title. ‘‘(aa) in the case of a county, all counties
appropriated, there are appropriated for ‘‘(ii) Such amount shall be increased by the in the State; or
making payments to States under this sec- amount of any reduction to State revenue ‘‘(bb) in the case of a municipality, all mu-
tion, $500,000,000,000 for fiscal year 2020, to re- from taxes or other sources for calendar year nicipalities in the State.
main available until expended. 2020 that results from the State— ‘‘(C) LOST REVENUE AMOUNT.—For purposes
‘‘(2) RESERVATION OF FUNDS.—Of the ‘‘(I) enacting a tax cut, rebate, deduction, of subparagraph (B), with respect to a county
amount appropriated under paragraph (1), or credit; or or municipality, the lost revenue amount
the Secretary shall reserve $16,000,000,000 of ‘‘(II) reducing, delaying, or eliminating shall be determined in the same manner as
such amount for making payments to Tribal any fee or other source of revenue. the lost revenue amount for a State is deter-
governments under subsection (c)(7). ‘‘(iii) Such amount shall be reduced by the mined under paragraph (4).
‘‘(b) AUTHORITY TO MAKE PAYMENTS.— amount of any expenditures made by the ‘‘(7) PAYMENTS TO TRIBAL GOVERNMENTS.—
‘‘(1) IN GENERAL.—The Secretary shall pay State during calendar year 2020 necessary to The amounts paid under this section to Trib-
each State the following amounts: meet the non-Federal share contribution re- al governments from the amount reserved
‘‘(A) Not later than 30 days after the date quirement of any public assistance that is under subsection (a)(2) shall be paid not later
of enactment of this section, the relative provided under the Robert T. Stafford Dis- than 30 days after the date of enactment of
population proportion amount determined aster Relief and Emergency Assistance Act this section, and shall be determined in the
for the State under subsection (c)(1). (42 U.S.C. 5121 et seq.) on the basis of a dis- same manner as the amounts paid to Tribal
‘‘(B) Not later than 30 days after the date aster or emergency declaration under such governments under section 601(c)(7) except
of enactment of this section, the relative in- Act that— that, for purposes of this section—
fected population proportion amount deter- ‘‘(I) is declared during the period beginning ‘‘(A) the term ‘Tribal government’ means
mined for the State under subsection (c)(2). on January 1, 2020, and ending on the date of the governing body of an Indian Tribe in-
‘‘(C) As soon as practicable after December enactment of this section; and cluded on the most recent list published by
31, 2020, the relative lost revenue proportion ‘‘(II) is not related to the COVID–19 pan- the Secretary pursuant to section 104 of the
amount determined for the State under sub- demic. Federally Recognized Indian Tribe List Act
section (c)(3). ‘‘(5) COMBINED MINIMUM PAYMENT AMOUNT of 1994 (25 U.S.C. 5131); and
‘‘(2) AMOUNTS RESERVED FOR PAYMENTS TO FOR RELATIVE POPULATION AND RELATIVE IN- ‘‘(B) the term ‘Indian Tribe’ has the mean-
LOCAL GOVERNMENTS.—A State shall reserve FECTED POPULATION AMOUNTS.— ing given that term in section 102 of such
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1⁄3 of each amount received by the State ‘‘(A) IN GENERAL.—The sum of the amounts Act (25 U.S.C. 5130), except that such term
under paragraph (1) to make direct payments determined under paragraphs (1) and (2) for a shall not include an Alaska Native regional
to units of local government in the State State described in subparagraph (C) shall not or village corporation established pursuant
under subsection (c)(6). be less than $2,000,000,000. to the Alaska Native Claims Settlement Act
‘‘(c) PAYMENT AMOUNTS.— ‘‘(B) PRO RATA ADJUSTMENTS.—The Sec- (43 U.S.C. 1601 et seq.).
‘‘(1) RELATIVE POPULATION PROPORTION retary shall adjust on a pro rata basis the ‘‘(8) DATA.—For purposes of this sub-
AMOUNT.—Subject to paragraph (5), the rel- amounts determined under paragraph (2) for section—
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September 10, 2020 CONGRESSIONAL RECORD — SENATE S5555
‘‘(A) the population of States, units of the same manner as such requirements apply (ii) the quantity of the regulated substance
local governments, and Indian Tribes shall to the amounts paid under that section, and imported into the United States; and
be determined based on the most recent year the recoupment authority under paragraph (B) the quantity of the regulated substance
for which data are available from the Bureau (2) of that subsection shall apply to over- exported from the United States.
of the Census; sight of compliance with the use of funds re- (4) CONSUMPTION BASELINE.—The term
‘‘(B) the determination of the populations quirements of subsection (d) of this section ‘‘consumption baseline’’ means the baseline
of States infected with COVID–19 shall be and the fair and equitable budgeting require- established for the consumption of regulated
based on data from the Centers for Disease ments of subsection (e) of this section; and substances under subsection (e)(1)(C).
Control and Prevention; and ‘‘(B) shall be distributed in accordance (5) EXCHANGE VALUE.—The term ‘‘exchange
‘‘(C) where Indian Tribal population cannot with all applicable Federal laws. value’’ means the value assigned to a regu-
be readily determined by the most recent ‘‘(3) IG FUNDING AUTHORITY.—Notwith- lated substance in accordance with sub-
year for which data are available from the standing section 601(f)(3), the Inspector Gen- sections (c) and (e), as applicable.
Bureau of the Census, the Department may eral of the Department of the Treasury may (6) IMPORT.—The term ‘‘import’’ means to
consider tribal population data from the De- use the amounts appropriated under that land on, bring into, or introduce into, or at-
partment of Interior or Department of Hous- section to carry out oversight and tempt to land on, bring into, or introduce
ing and Urban Development. recoupment activities under this section in into, any place subject to the jurisdiction of
‘‘(d) USE OF FUNDS.— addition to the oversight and recoupment ac- the United States, regardless of whether that
‘‘(1) IN GENERAL.—Amounts paid or distrib- tivities carried out under section 601(f).’’. landing, bringing, or introduction con-
uted under this subsection shall be used— (b) CONFORMING AMENDMENTS.— stitutes an importation within the meaning
‘‘(A) to cover only those costs of the State, (1) Section 601(d) of the Social Security of the customs laws of the United States.
unit of local government, or Tribal govern- Act is amended— (7) PRODUCE.—
ment that— (A) by redesignating paragraphs (1) (A) IN GENERAL.—The term ‘‘produce’’
‘‘(i) are necessary expenditures incurred through (3) as subparagraphs (A) through (C), means the manufacture of a regulated sub-
due to the public health emergency with re- respectively, and adjusting the margins ac- stance from a raw material or feedstock
spect to the Coronavirus Disease 2019 cordingly; chemical (but not including the destruction
(COVID–19) (including expenditures nec- (B) in subparagraph (A) (as so redesig- of a regulated substance by a technology ap-
essary to meet the non-Federal share con- nated), by inserting ‘‘(including expenditures proved by the Administrator).
tribution requirement of any public assist- necessary to meet the non-Federal share (B) EXCLUSIONS.—The term ‘‘produce’’ does
ance that is provided under the Robert T. contribution requirement of any public as- not include—
Stafford Disaster Relief and Emergency As- sistance that is provided under the Robert T. (i) the manufacture of a regulated sub-
sistance Act (42 U.S.C. 5121 et seq.) on the Stafford Disaster Relief and Emergency As- stance that is used and entirely consumed
basis of a disaster or emergency declaration sistance Act (42 U.S.C. 5121 et seq.) on the (except for trace quantities) in the manufac-
under such Act that is declared in calendar basis of a disaster or emergency declaration ture of another chemical; or
year 2020; under such Act that is declared in calendar (ii) the reclamation, reuse, or recycling of
‘‘(ii) were not accounted for in the budget year 2020)’’ before the semicolon; a regulated substance.
most recently approved as of March 27, 2020, (C) in subparagraph (C) (as so redesig- (8) PRODUCTION BASELINE.—The term ‘‘pro-
for the State or local government; and nated), by striking the period at the end and duction baseline’’ means the baseline estab-
‘‘(iii) were incurred during the period that inserting ‘‘; and’’; lished for the production of regulated sub-
begins on March 1, 2020, and ends on Decem- (D) by striking ‘‘under this section to stances under subsection (e)(1)(B).
ber 31, 2022; or cover only’’ and inserting ‘‘under this sec- (9) RECLAIM; RECLAMATION.—The terms ‘‘re-
‘‘(B) for expenditures in calendar year 2020, tion— claim’’ and ‘‘reclamation’’ mean—
2021, or 2022 that the State, Tribal govern- ‘‘(1) to cover only—’’; and (A) the reprocessing of a recovered regu-
ment, or unit of local government would oth- (E) by adding at the end the following new lated substance to at least the purity de-
erwise be unable to make because of de- paragraph: scribed in standard 700–2016 of the Air-Condi-
creased or delayed revenues. ‘‘(2) for expenditures in calendar year 2020, tioning, Heating, and Refrigeration Institute
‘‘(2) LIMITATION.—No State may use funds 2021, or 2022 that the State, Tribal govern- (or an appropriate successor standard adopt-
made available under this section for deposit ment, or unit of local government would oth- ed by the Administrator); and
into any State pension fund. erwise be unable to make because of de- (B) the verification of the purity of that
‘‘(e) FAIR AND EQUITABLE BUDGETING RE- creased or delayed revenues.’’. regulated substance using, at a minimum,
QUIREMENT.—As a condition for receiving the analytical methodology described in the
(2) Section 5001(b) of the Coronavirus Aid,
amounts paid under this subsection, each Relief, and Economic Security Act (Public standard referred to in subparagraph (A).
State, to the extent allowable by State law, Law 116–136) is amended by striking ‘‘for fis- (10) RECOVER.—The term ‘‘recover’’ means
shall agree— the process by which a regulated substance
cal year 2020 under section 601(a)(1) of the
‘‘(1) to base any cut to funding to units of is—
Social Security Act (as added by subsection
local government under the State budget on (A) removed, in any condition, from equip-
(a))’’ and inserting ‘‘under title VI of the So-
emergency need, and shall ensure that such ment; and
cial Security Act’’.
cuts are balanced to ensure all units of local (B) stored in an external container, with or
government are treated fairly; SA 2655. Mr. KENNEDY (for himself, without testing or processing the regulated
‘‘(2) to primarily use economic conditions, Mr. BARRASSO, and Mr. CARPER) sub- substance.
budgetary shortfall, and revenue loss for (11) REGULATED SUBSTANCE.—The term
mitted an amendment intended to be
each respective county and municipality, as ‘‘regulated substance’’ means—
compared to 2019 levels, to determine wheth- proposed by him to the bill S. 2657, to
support innovation in advanced geo- (A) a substance listed in the table con-
er any such cut is balanced and appropriate; tained in subsection (c)(1); and
and thermal research and development, and
(B) a substance included as a regulated
‘‘(3) that the State legislative body shall for other purposes; which was ordered substance by the Administrator under sub-
have the authority to disapprove such a cut to lie on the table; as follows: section (c)(3).
if it violates a condition of paragraph (1) or At the appropriate place, insert the fol- (c) LISTING OF REGULATED SUBSTANCES.—
(2). lowing: (1) LIST OF REGULATED SUBSTANCES.—Each
‘‘(f) APPLICATION OF OTHER PROVISIONS.— SEC. lll. AMERICAN INNOVATION AND MANU- of the following substances, and any isomers
‘‘(1) DEFINITIONS.— FACTURING. of such a substance, shall be a regulated sub-
‘‘(A) IN GENERAL.—Except as otherwise pro- (a) SHORT TITLE.—This section may be stance:
vided in this paragraph and subsection (c)(7), cited as the ‘‘American Innovation and Man-
the terms used in this section have the ufacturing Act of 2020’’.
meanings given those terms in subsection (g) (b) DEFINITIONS.—In this section: Ex-
Common
Chemical Name change
of section 601. (1) ADMINISTRATOR.—The term ‘‘Adminis- Name Value
‘‘(B) COUNTY.—The term ‘county’ means a trator’’ means the Administrator of the En-
county, parish, or other equivalent county vironmental Protection Agency. CHF2CHF2 HFC–134 1100
division (as defined by the Bureau of the (2) ALLOWANCE.—The term ‘‘allowance’’
Census). means a limited authorization for the pro- CH2FCF3 HFC–134a 1430
‘‘(C) UNIT OF LOCAL GOVERNMENT.—In this duction or consumption of a regulated sub-
section, the term ‘unit of local government’ stance established under subsection (e). CH2FCHF2 HFC–143 353
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means a county, municipality, town, town- (3) CONSUMPTION.—The term ‘‘consump-
ship, village, parish, borough, or other unit tion’’, with respect to a regulated substance, CHF2CH2CF3 HFC– 1030
of general government below the State level. means a quantity equal to the difference be- 245fa
‘‘(2) OVERSIGHT.—The amounts paid under tween—
this section— (A) a quantity equal to the sum of— CF3CH2CF2CH3 HFC– 794
‘‘(A) shall be subject to the oversight re- (i) the quantity of that regulated sub- 365mfc
quirements of subsection (f) of section 601 in stance produced in the United States; and
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S5556 CONGRESSIONAL RECORD — SENATE September 10, 2020
Ex- (ii) reclaimed; Table 2
Common (iii) destroyed by a technology approved by
Chemical Name change
Name Ex-
Value the Administrator; Common
(iv) used and entirely consumed (except for Chemical Name change
Name
CF3CHFCF3 HFC– 3220 trace quantities) in the manufacture of an- Value
227ea other chemical; or
(v) used as a process agent. CHFC12 HCFC–21 151
CH2FCF2CF3 HFC– 1340 (B) REQUIREMENTS.—
236cb (i) SIGNED AND ATTESTED.—The report CHF2C1 HCFC–22 1810
under subparagraph (A) shall be signed and
CHF2CHFCF3 HFC– 1370 C2HF3C12 HCFC–123 77
attested by a responsible officer (within the
236ea
meaning of the Clean Air Act (42 U.S.C. 7401
C2HF4C1 HCFC–124 609
CF3CH2CF3 HFC– 9810 et seq.)).
236fa (ii) NO FURTHER REPORTS REQUIRED.—A re-
CH3CFC12 HCFC– 725
port under subparagraph (A) shall not be re-
141b
CH2FCF2CHF2 HFC– 693 quired from a person if the person—
245ca (I) permanently ceases production, impor-
CH3CF2C1 HCFC– 2310
tation, exportation, destruction, trans-
142b
CF3CHFCHFCF2CF3 HFC–43– 1640 formation, use as a process agent, or rec-
10mee lamation of all regulated substances; and CF3CF2CHC12 HCFC– 122
(II) notifies the Administrator in writing 225ca
CH2F2 HFC–32 675 that the requirement under subclause (I) has
been met. CF2C1CF2CHC1F HCFC– 595
CHF2CF3 HFC–125 3500 (iii) BASELINE PERIOD.—Each report under 225cb
subparagraph (A) shall include, as applica-
CH3CF3 HFC–143a 4470
ble, the information described in that sub-
CH3F HFC–41 92 paragraph for the baseline period of calendar Table 3
years 2011 through 2013.
CH2FCH2F HFC–152 53 (2) COORDINATION.—The Administrator may Ex-
Common
allow any person subject to the requirements Chemical Name change
Name
of paragraph (1)(A) to combine and include Value
CH3CHF2 HFC–152a 124
the information required to be reported
CHF3 HFC–23 14800. CFC13 CFC–11 4750
under that paragraph with any other related
information that the person is required to
CF2C12 CFC–12 10900
(2) REVIEW.—The Administrator may— report to the Administrator.
(A) review the exchange values listed in (e) PHASE-DOWN OF PRODUCTION AND CON- C2F3C13 CFC–113 6130
the table contained in paragraph (1) on a
SUMPTION OF REGULATED SUBSTANCES.—
periodic basis; and
(1) BASELINES.— C2F4C12 CFC–114 10000
(B) subject to notice and opportunity for
(A) IN GENERAL.—Subject to subparagraph
public comment, adjust the exchange values
solely on the basis of— (D), the Administrator shall establish for the C2F5C1 CFC–115 7370
(i) publicly available, peer-reviewed sci- phase-down of regulated substances—
entific data; and (i) a production baseline for the production (ii) REVIEW.—The Administrator may—
(ii) other information consistent with of all regulated substances in the United (I) review the exchange values listed in the
widely used or commonly accepted existing States, as described in subparagraph (B); and tables contained in clause (i) on a periodic
exchange values. (ii) a consumption baseline for the con- basis; and
(3) OTHER REGULATED SUBSTANCES.— sumption of all regulated substances in the (II) subject to notice and opportunity for
(A) IN GENERAL.—Subject to notice and op- United States, as described in subparagraph public comment, adjust the exchange values
portunity for public comment, the Adminis- (C). solely on the basis of—
trator may designate a substance not in- (B) PRODUCTION BASELINE DESCRIBED.—The (aa) publicly available, peer-
cluded in the table contained in paragraph production baseline referred to in subpara- reviewed scientific data; and
(1) as a regulated substance if— graph (A)(i) is the quantity equal to the sum (bb) other information consistent with
(i) the substance— of— widely used or commonly accepted existing
(I) is a chemical substance that is a satu- (i) the average annual quantity of all regu- exchange values.
rated hydrofluorocarbon; and lated substances produced in the United (2) PRODUCTION AND CONSUMPTION PHASE-
(II) has an exchange value, as determined States during the period— DOWN.—
by the Administrator in accordance with the (I) beginning on January 1, 2011; and (A) IN GENERAL.—During the period begin-
basis described in paragraph (2)(B), of great- (II) ending on December 31, 2013; and ning on January 1 of each year listed in the
er than 53; and (ii) the quantity equal to the sum of— table contained in subparagraph (C) and end-
(ii) the designation of the substance as a (I) 15 percent of the production level of ing on December 31 of the year before the
regulated substance would be consistent hydrochlorofluorocarbons in calendar year next year listed on that table, except as oth-
with the purposes of this section. 1989; and erwise permitted under this section, no per-
(B) SAVINGS PROVISION.—Nothing in this (II) 0.42 percent of the production level of son shall—
paragraph authorizes the Administrator to chlorofluorocarbons in calendar year 1989. (i) produce a quantity of a regulated sub-
designate as a regulated substance a blend of (C) CONSUMPTION BASELINE DESCRIBED.—The stance without a corresponding quantity of
substances that includes a saturated production allowances, except as provided in
consumption baseline referred to in subpara-
hydrofluorocarbon for purposes of phasing paragraph (5); or
graph (A)(ii) is the quantity equal to the sum
down production or consumption of regu- (ii) consume a quantity of a regulated sub-
of—
lated substances under subsection (e), even if stance without a corresponding quantity of
(i) the average annual quantity of all regu-
the saturated hydrofluorocarbon is, or may
lated substances consumed in the United consumption allowances.
be, designated as a regulated substance.
(d) MONITORING AND REPORTING REQUIRE- States during the period— (B) COMPLIANCE.—For each year listed on
MENTS.— (I) beginning on January 1, 2011; and the table contained in subparagraph (C), the
(1) PRODUCTION, IMPORT, AND EXPORT LEVEL (II) ending on December 31, 2013; and Administrator shall ensure that the annual
REPORTS.— (ii) the quantity equal to the sum of— quantity of all regulated substances pro-
(A) IN GENERAL.—On a periodic basis, to be (I) 15 percent of the consumption level of duced or consumed in the United States does
determined by the Administrator, but not hydrochlorofluorocarbons in calendar year not exceed the product obtained by multi-
less frequently than annually, each person 1989; and plying—
who, within the applicable reporting period, (II) 0.42 percent of the consumption level of (i) the production baseline or consumption
ctelli on DSK11ZRN23PROD with SENATE
produces, imports, exports, destroys, trans- chlorofluorocarbons in calendar year 1989. baseline, as applicable; and
forms, uses as a process agent, or reclaims a (D) EXCHANGE VALUES.— (ii) the applicable percentage listed on the
regulated substance shall submit to the Ad- (i) IN GENERAL.—For purposes of subpara- table contained in subparagraph (C).
ministrator a report that describes, as appli- graphs (B) and (C), the Administrator shall (C) RELATION TO BASELINE.—On January 1
cable, the quantity of the regulated sub- use the following exchange values for of each year listed in the following table, the
stance that the person— hydrochlorofluorocarbons and Administrator shall apply the applicable per-
(i) produced, imported, and exported; chlorofluorocarbons: centage, as described in subparagraph (A):
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September 10, 2020 CONGRESSIONAL RECORD — SENATE S5557
Percentage of Pro- Percentage of Con- securing from chemical manufacturers, as trator may authorize a person to produce a
Date authorized under paragraph (2)(A), including regulated substance in excess of the number
duction Baseline sumption Baseline
any quantities of a regulated substance of production allowances held by that per-
2020–2023 90 percent 90 percent available from reclaiming, prior production, son, subject to the conditions that—
or prior import, is insufficient to accommo- (A) the authorization is—
2024–2028 60 percent 60 percent date the application. (i) for a renewable period of not more than
(ii) PETITION.—If the Administrator re- 5 years; and
2029–2033 30 percent 30 percent ceives a petition requesting the designation (ii) subject to notice and opportunity for
of an application as an essential use under public comment; and
2034–2035 20 percent 20 percent clause (i), the Administrator shall— (B) the production—
(I) not later than 180 days after the date on (i) is at a facility located in the United
2036 and 15 percent 15 percent which the Administrator receives the peti- States;
thereafter tion— (ii) is solely for export to, and use in, a for-
(aa) make the complete petition available eign country that is not subject to the prohi-
(D) ALLOWANCES.— to the public; and bition in subsection (j)(1); and
(i) QUANTITY.—Not later than October 1 of (bb) when making the petition available to (iii) would not violate paragraph (2)(B).
each calendar year, the Administrator shall the public under item (aa), propose and seek (f) ACCELERATED SCHEDULE.—
use the quantity calculated under subpara- public comment on— (1) IN GENERAL.—Subject to paragraph (4),
graph (B) to determine the quantity of allow- (AA) a determination of whether to des- the Administrator may, only in response to
ances for the production and consumption of ignate the application as an essential use; a petition submitted to the Administrator in
regulated substances that may be used for and accordance with paragraph (3) and after no-
the following calendar year. (BB) if the Administrator proposes to des- tice and opportunity for public comment,
(ii) NATURE OF ALLOWANCES.— ignate the application as an essential use, promulgate regulations that establish a
(I) IN GENERAL.—An allowance allocated making the requisite allocation of allow- schedule for phasing down the production or
under this section— ances; and consumption of regulated substances that is
(aa) does not constitute a property right; (II) not later than 270 days after the date more stringent than the production and con-
and on which the Administrator receives the pe- sumption levels of regulated substances re-
(bb) is a limited authorization for the pro- tition, take final action on the petition. quired under subsection (e)(2)(C).
duction or consumption of a regulated sub- (iii) LIMITATION.—A person receiving an al- (2) REQUIREMENTS.—Any regulations pro-
stance under this section. location under clause (i) or (iv) or as a result mulgated under this subsection—
(II) SAVINGS PROVISION.—Nothing in this of a petition granted under clause (ii) may (A) shall—
section or in any other provision of law lim- not produce or consume a quantity of regu- (i) apply uniformly to the allocation of
its the authority of the United States to ter- lated substances that, considering the re- production and consumption allowances for
minate or limit an authorization described spective exchange values of the regulated regulated substances, in accordance with
in subclause (I)(bb). substances, exceeds the number of allow- subsection (e)(3);
(3) REGULATIONS REGARDING PRODUCTION ances issued under paragraphs (2) and (3) (ii) ensure that there will be sufficient
AND CONSUMPTION OF REGULATED SUB- that are held by that person. quantities of regulated substances, including
STANCES.—Not later than 270 days after the (iv) MANDATORY ALLOCATIONS.— substances available from reclaiming, prior
date of enactment of this Act, which shall (I) IN GENERAL.—Notwithstanding clause (i) production, or prior import, to meet the
include a period of notice and opportunity and subject to clause (iii) and paragraphs (2) needs for—
for public comment, the Administrator shall and (3), for the 5-year period beginning on (I) applications that receive an allocation
issue a final rule— the date of enactment of this Act, the Ad- under clause (i) of subsection (e)(4)(B); and
(A) phasing down the production of regu- ministrator shall allocate the full quantity (II) all applications that receive a manda-
lated substances in the United States of allowances necessary, based on projected, tory allocation under items (aa) through (ff)
through an allowance allocation and trading current, and historical trends, for the pro- of clause (iv)(I) of that subsection; and
program in accordance with this section; and duction or consumption of a regulated sub- (iii) foster continued reclamation of and
(B) phasing down the consumption of regu- stance for the exclusive use of the regulated transition from regulated substances; and
lated substances in the United States substance in an application solely for— (B) shall not set the level of production al-
through an allowance allocation and trading (aa) a propellant in metered-dose inhalers; lowances or consumption allowances below
program in accordance with the schedule (bb) defense sprays; the percentage of the consumption baseline
under paragraph (2)(C) (subject to the same (cc) structural composite preformed poly- that is actually consumed during the cal-
exceptions and other requirements as are ap- urethane foam for marine use and trailer endar year prior to the year during which
plicable to the phase-down of production of use; the Administrator makes a final determina-
regulated substances under this section). (dd) the etching of semiconductor material tion with respect to the applicable proposal
(4) EXCEPTIONS; ESSENTIAL USES.— or wafers and the cleaning of chemical vapor described in paragraph (3)(C)(iii)(I).
(A) FEEDSTOCKS AND PROCESS AGENTS.—Ex- deposition chambers within the semicon- (3) PETITION.—
cept for the reporting requirements de- ductor manufacturing sector; (A) IN GENERAL.—A person may petition
scribed in subsection (d)(1), this section does (ee) mission-critical military end uses, the Administrator to promulgate regulations
not apply to— such as armored vehicle engine and ship- for an accelerated schedule for the phase-
(i) a regulated substance that is used and board fire suppression systems and systems down of production or consumption of regu-
entirely consumed (except for trace quan- used in deployable and expeditionary appli- lated substances under paragraph (1).
tities) in the manufacture of another chem- cations; and (B) REQUIREMENT.—A petition submitted
ical; or (ff) onboard aerospace fire suppression. under subparagraph (A) shall—
(ii) a regulated substance that is used and (II) REQUIREMENT.—The allocation of al- (i) be made at such time, in such manner,
not entirely consumed in the manufacture of lowances under subclause (I) shall be deter- and containing such information as the Ad-
another chemical, if the remaining amounts mined through a rulemaking. ministrator shall require; and
of the regulated substance are subsequently (v) REVIEW.— (ii) include a showing by the petitioner
destroyed. (I) IN GENERAL.—For each essential use ap- that there are data to support the petition.
(B) ESSENTIAL USES.— plication receiving an allocation of allow- (C) TIMELINES.—
(i) IN GENERAL.—Beginning on the date of ances under clause (i) or (iv), the Adminis- (i) IN GENERAL.—If the Administrator re-
enactment of this Act and subject to para- trator shall review the availability of sub- ceives a petition under subparagraph (A), the
graphs (2) and (3) and clauses (ii) and (iii), stitutes, including any quantities of the reg- Administrator shall—
the Administrator may, after considering ulated substance available from reclaiming (I) not later than 180 days after the date on
technical achievability, commercial de- or prior production, not less frequently than which the Administrator receives the peti-
mands, safety, and other relevant factors, in- once every 5 years. tion—
cluding overall economic costs and environ- (II) EXTENSION.—If, pursuant to a review (aa) make the complete petition available
mental impacts compared to historical under subclause (I), the Administrator deter- to the public; and
trends, allocate a quantity of allowances for mines, subject to notice and opportunity for (bb) when making the petition available to
a period of not more than 5 years for the pro- public comment, that the requirements de- the public under item (aa), propose and seek
duction and consumption of a regulated sub- scribed in subclauses (I) and (II) of clause (i) public comment on the proposal of the Ad-
stance exclusively for the use of the regu- are met, the Administrator shall authorize ministrator to grant or deny the petition;
ctelli on DSK11ZRN23PROD with SENATE
lated substance in an application, if— the production or consumption, as applica- and
(I) no safe or technically achievable sub- ble, of any regulated substance used in the (II) not later than 270 days after the date
stitute will be available during the applica- application for renewable periods of not on which the Administrator receives the pe-
ble period for that application; and more than 5 years for exclusive use in the ap- tition, take final action on the petition.
(II) the supply of the regulated substance plication. (ii) FACTORS FOR DETERMINATION.—In mak-
that manufacturers or users of the regulated (5) DOMESTIC MANUFACTURING.—Notwith- ing a determination to grant or deny a peti-
substance for that application are capable of standing paragraph (2)(A)(i), the Adminis- tion submitted under subparagraph (A), the
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S5558 CONGRESSIONAL RECORD — SENATE September 10, 2020
Administrator shall, to the extent prac- portunity for public comment, the Adminis- in section 3 of the Small Business Act (15
ticable, factor in— trator shall promulgate a final regulation U.S.C. 632).
(I) the best available data, including rel- that governs the transfer of allowances for (B) ESTABLISHMENT.—Subject to the avail-
evant publicly available and peer-reviewed the production of regulated substances under ability of appropriations, the Administrator
scientific data; subsection (e)(3)(A) that uses— shall establish a grant program to award
(II) the availability of substitutes for uses (A) the applicable exchange values de- grants to small business concerns for the
of the regulated substance that is the subject scribed in the table contained in subsection purchase of new specialized equipment for
of the petition, taking into account techno- (c)(1); or the recycling, recovery, or reclamation of a
logical achievability, commercial demands, (B) the exchange value described in the substitute for a regulated substance, includ-
safety, consumer costs, building codes, appli- rule designating the substance as a regulated ing the purchase of approved refrigerant re-
ance efficiency standards, contractor train- substance under subsection (c)(3). cycling equipment (as defined in section
ing costs, and other relevant factors, includ- (2) REQUIREMENTS.—The final rule promul- 609(b) of the Clean Air Act (42 U.S.C.
ing the quantities of regulated substances gated pursuant to paragraph (1) shall— 7671h(b))) for recycling, recovery, or reclama-
available from reclaiming, prior production, (A) ensure that the transfers under this tion in the service or repair of motor vehicle
or prior import; subsection will result in greater total reduc- air conditioning systems.
(III) overall economic costs and environ- tions in the production of regulated sub- (C) MATCHING FUNDS.—The non-Federal
mental impacts, as compared to historical stances in each year than would occur during share of a project carried out with a grant
trends; and the year in the absence of the transfers; under this paragraph shall be not less than 25
(IV) the remaining phase-down period for (B) permit 2 or more persons to transfer percent.
regulated substances under the final rule production allowances if the transferor of (D) AUTHORIZATION OF APPROPRIATIONS.—
issued under subsection (e)(3), if applicable. the allowances will be subject, under the There is authorized to be appropriated to
(iii) REGULATIONS.—After receiving public final rule, to an enforceable and quantifiable carry out this paragraph $5,000,000 for each of
comment with respect to the proposal under reduction in annual production that— fiscal years 2021 through 2023.
clause (i)(I)(bb), if the Administrator makes (i) exceeds the reduction otherwise applica- (i) TECHNOLOGY TRANSITIONS.—
a final determination to grant a petition ble to the transferor under this section; (1) AUTHORITY.—Subject to the provisions
under subparagraph (A), the final regulations (ii) exceeds the quantity of production rep- of this subsection, the Administrator may by
with respect to the petition shall— resented by the production allowances trans- rule restrict, fully, partially, or on a grad-
(I) be promulgated by not later than 1 year ferred to the transferee; and uated schedule, the use of a regulated sub-
after the date on which the Administrator (iii) would not have occurred in the ab- stance in the sector or subsector in which
makes the proposal to grant the petition sence of the transaction; and the regulated substance is used.
under that clause; and (C) provide for the trading of consumption (2) NEGOTIATED RULEMAKING.—
(II) meet the requirements of paragraph allowances in the same manner as is applica- (A) CONSIDERATION REQUIRED.—Before pro-
(2). ble under this subsection to the trading of posing a rule for the use of a regulated sub-
(D) PUBLICATION.—When the Administrator production allowances. stance for a sector or subsector under para-
makes a final determination to grant or (h) MANAGEMENT OF REGULATED SUB- graph (1), the Administrator shall consider
deny a petition under subparagraph (A), the STANCES.— negotiating with stakeholders in the sector
Administrator shall publish a description of (1) IN GENERAL.—For purposes of maxi- or subsector subject to the potential rule in
the reasons for that grant or denial, includ- mizing reclaiming and minimizing the re- accordance with the negotiated rulemaking
ing a description of the information consid- lease of a regulated substance from equip- procedure provided for under subchapter III
ered under subclauses (I) through (IV) of sub- ment and ensuring the safety of technicians of chapter 5 of title 5, United States Code
paragraph (C)(ii). and consumers, the Administrator shall pro- (commonly known as the ‘‘Negotiated Rule-
(E) INSUFFICIENT INFORMATION.—If the Ad- mulgate regulations to control, where appro- making Act of 1990’’).
ministrator determines that the data in- priate, any practice, process, or activity re- (B) NEGOTIATED RULEMAKINGS.—If the Ad-
cluded under subparagraph (B)(ii) in a peti- garding the servicing, repair, disposal, or in- ministrator negotiates a rulemaking with
tion are not sufficient to make a determina- stallation of equipment (including requiring, stakeholders using the procedure described
tion under this paragraph, the Administrator where appropriate, that any such servicing, in subparagraph (A), the Administrator
shall use any authority available to the Ad- repair, disposal, or installation be performed shall, to the extent practicable, give priority
ministrator to acquire the necessary data. by a trained technician meeting minimum to completing that rulemaking over com-
(4) DATE OF EFFECTIVENESS.—The Adminis- standards, as determined by the Adminis- pleting rulemakings that were not nego-
trator may not promulgate under paragraph trator) that involves— tiated using that procedure.
(1) a regulation for the production or con- (A) a regulated substance; (C) NO NEGOTIATED RULEMAKING.—If the Ad-
sumption of regulated substances that is (B) a substitute for a regulated substance; ministrator does not negotiate a rulemaking
more stringent than the production or con- (C) the reclaiming of a regulated substance with stakeholders using the procedure de-
sumption levels required under subsection used as a refrigerant; or scribed in subparagraph (A), the Adminis-
(e)(2)(C) that takes effect before January 1, (D) the reclaiming of a substitute for a reg- trator shall, before commencement of the
2025. ulated substance used as a refrigerant. rulemaking process for a rule under para-
(5) REVIEW.— (2) RECLAIMING.— graph (1), publish an explanation of the deci-
(A) IN GENERAL.—The Administrator shall (A) IN GENERAL.—In carrying out this sec- sion of the Administrator to not use that
review the availability of substitutes for reg- tion, the Administrator shall consider the procedure.
ulated substances subject to an accelerated use of authority available to the Adminis- (3) PETITIONS.—
schedule established under paragraph (1) in trator under this section to increase oppor- (A) IN GENERAL.—A person may petition
each sector and subsector in which the regu- tunities for the reclaiming of regulated sub- the Administrator to promulgate a rule
lated substance is used, taking into account stances used as refrigerants. under paragraph (1) for the restriction on use
technological achievability, commercial de- (B) RECOVERY.—A regulated substance used of a regulated substance in a sector or sub-
mands, safety, and other relevant factors, in- as a refrigerant that is recovered shall be re- sector, which may include a request that the
cluding the quantities of regulated sub- claimed before the regulated substance is Administrator negotiate with stakeholders
stances available from reclaiming, prior pro- sold or transferred to a new owner, except in accordance with paragraph (2)(A).
duction, or prior import, by January 1, 2025 where the recovered regulated substance is (B) RESPONSE.—The Administrator shall
(for the first review), by January 1, 2030 (for sold or transferred to a new owner solely for grant or deny a petition under subparagraph
the second review), and at least once every 5 the purposes of being reclaimed or destroyed. (A) not later than 180 days after the date of
years thereafter. (3) COORDINATION.—In promulgating regula- receipt of the petition.
(B) PUBLIC AVAILABILITY.—The Adminis- tions to carry out this subsection, the Ad- (C) REQUIREMENTS.—
trator shall make the results of a review ministrator may coordinate those regula- (i) EXPLANATION.—If the Administrator de-
conducted under subparagraph (A) publicly tions with any other regulations promul- nies a petition under subparagraph (B), the
available. gated by the Administrator that involve— Administrator shall publish in the Federal
(6) SAVINGS PROVISION.—Nothing in this (A) the same or a similar practice, process, Register an explanation of the denial.
subsection authorizes the Administrator to or activity regarding the servicing, repair, (ii) FINAL RULE.—If the Administrator
promulgate regulations pursuant to this sub- disposal, or installation of equipment; or grants a petition under subparagraph (B),
section that establish a schedule for phasing (B) reclaiming. the Administrator shall promulgate a final
down the production or consumption of regu- (4) INAPPLICABILITY.—No regulation pro- rule not later than 2 years after the date on
lated substances that is less stringent than mulgated pursuant to this subsection shall which the Administrator grants the petition.
ctelli on DSK11ZRN23PROD with SENATE
the production and consumption levels of apply to a regulated substance or a sub- (iii) PUBLICATION OF PETITIONS.—Not later
regulated substances required under sub- stitute for a regulated substance that is con- than 30 days after the date on which the Ad-
section (e)(2)(C). tained in a foam. ministrator receives a petition under sub-
(g) EXCHANGE AUTHORITY.— (5) SMALL BUSINESS GRANTS.— paragraph (A), the Administrator shall make
(1) TRANSFERS.—Not later than 270 days (A) DEFINITION OF SMALL BUSINESS CON- that petition available to the public in full.
after the date of enactment of this Act, CERN.—In this paragraph, the term ‘‘small (4) FACTORS FOR DETERMINATION.—In car-
which shall include a period of notice and op- business concern’’ has the same meaning as rying out a rulemaking using the procedure
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September 10, 2020 CONGRESSIONAL RECORD — SENATE S5559
described in paragraph (2) or making a deter- (i) the maximum production level per- (ii) LIMITATION.—The period for which the
mination to grant or deny a petition sub- mitted for the applicable regulated sub- limitation under clause (i) applies shall not
mitted under paragraph (3), the Adminis- stance in the year of the transfer under this exceed 5 years from the date on which the
trator shall, to the extent practicable, factor section, less the production allowances period described in subparagraph (A) ends.
in— transferred; f
(A) the best available data, including rel- (ii) the maximum production level per-
evant publicly available and peer-reviewed mitted for the applicable regulated sub- AUTHORITY FOR COMMITIEES TO
scientific data; stances in the transfer year under applicable MEET
(B) the availability of substitutes for use of law, less the production allowances trans-
Mr. SANDERS. Mr. President, I have
the regulated substance that is the subject of ferred; and
the rulemaking or petition, as applicable, in (iii) the average of the actual national pro- one request for committees to meet
a sector or subsector, taking into account duction level of the applicable regulated sub- during today’s session of the Senate. It
technological achievability, commercial de- stances for the 3-year period ending on the has the approval of the Majority and
mands, safety, consumer costs, building date of the transfer, less the production al- Minority Leaders.
codes, appliance efficiency standards, con- lowances transferred; or Pursuant to rule XXVI, paragraph
tractor training costs, and other relevant (B) from a person in a foreign country if, at 5(a), of the Standing Rules of the Sen-
factors, including the quantities of regulated the time of the trade or transfer, the Admin- ate, the following committee is author-
substances available from reclaiming, prior istrator finds that the foreign country has
ized to meet during today’s session of
production, or prior import; revised the domestic production limits of the
(C) overall economic costs and environ- regulated substance in the same manner as the Senate:
mental impacts, as compared to historical provided with respect to transfers by a per- COMMITTEE ON THE JUDICIARY
trends; and son in United States under this subsection. The Committee on the Judiciary is
(D) the remaining phase-down period for (3) EFFECT OF TRANSFERS ON PRODUCTION authorized to meet during the session
regulated substances under the final rule LIMITS.—The Administrator may— of the Senate on Thursday, September
issued under subsection (e)(3), if applicable. (A) reduce the production limits estab- 10, 2020, at 10 a.m., in room 325 of the
(5) EVALUATION.—In carrying out this sub- lished under subsection (e)(2)(B) as required
section, the Administrator shall— as a prerequisite to a transfer described in
Russell Senate Office Building, to con-
(A) evaluate substitutes for regulated sub- paragraph (2)(A); or duct a committee executive business
stances in a sector or subsector, taking into (B) increase the production limits estab- meeting.
account technological achievability, com- lished under subsection (e)(2)(B) to reflect f
mercial demands, safety, overall economic production allowances acquired under a
costs and environmental impacts, and other trade or transfer described in paragraph APPOINTMENTS
relevant factors; and (2)(B). The PRESIDING OFFICER. The
(B) make the evaluation under subpara- (4) REGULATIONS.—The Administrator Chair, on behalf of the Majority Lead-
graph (A) available to the public. shall— er, pursuant to the provisions of Public
(6) EFFECTIVE DATE OF RULES.—No rule (A) not later than 1 year after the date of
under this subsection may take effect before enactment of this Act, promulgate a final
Law 116–92, appoints the following indi-
the date that is 1 year after the date on rule to carry out this subsection; and viduals to serve as members of the
which the Administrator promulgates the (B) not less frequently than annually, re- Commission on Combating Synthetic
applicable rule under this subsection. view and, if necessary, revise the final rule Opioid Trafficking: The Honorable TOM
(7) APPLICABILITY.— promulgated pursuant to subparagraph (A). COTTON of Arkansas; Mr. Victor L.
(A) DEFINITION OF RETROFIT.—In this para- (k) RELATIONSHIP TO OTHER LAW.— Brown of Kentucky.
graph, the term ‘‘retrofit’’ means to upgrade (1) IMPLEMENTATION.— The Chair announces, on behalf of
existing equipment where the regulated sub- (A) RULEMAKINGS.—The Administrator the Democratic Leader, pursuant to
stance is changed, which— may promulgate such regulations as are nec-
(i) includes the conversion of equipment to
the provisions of Public Law 107–12, the
essary to carry out the functions of the Ad- appointment of the following indi-
achieve system compatibility; and ministrator under this section.
(ii) may include changes in lubricants, gas- (B) DELEGATION.—The Administrator may
vidual to serve as a member of the Pub-
kets, filters, driers, valves, o-rings, or equip- delegate to any officer or employee of the lic Safety Officer Medal of Valor Re-
ment components for that purpose. Environmental Protection Agency such of view Board: Trevor Whipple of
(B) APPLICABILITY OF RULES.—A rule pro- the powers and duties of the Administrator Vermont.
mulgated under this subsection shall not under this section as the Administrator de- f
apply to— termines to be appropriate.
(i) an essential use under clause (i) or (iv) (C) CLEAN AIR ACT.—Sections 113, 114, 304, NATIONAL LOBSTER DAY
of subsection (e)(4)(B), including any use for and 307 of the Clean Air Act (42 U.S.C. 7413, Mr. MCCONNELL. Mr. President, I
which the production or consumption of the 7414, 7604, 7607) shall apply to this section
regulated substance is extended under clause ask unanimous consent that the Sen-
and any rule, rulemaking, or regulation pro-
(v)(II) of that subsection; or ate proceed to consideration of S. Res.
mulgated by the Administrator pursuant to
(ii) except for a retrofit application, equip- this section as though this section were ex- 688, submitted earlier today.
ment in existence in a sector or subsector be- pressly included in each of those sections, as The PRESIDING OFFICER. Without
fore the date of enactment of this Act. applicable, and the requirements of this sec- objection, it is so ordered.
(j) INTERNATIONAL COOPERATION.— tion were part of that Act (42 U.S.C. 7401 et The clerk will report the resolution
(1) IN GENERAL.—Subject to paragraph (2), seq.). by title.
no person subject to the requirements of this (2) PREEMPTION.— The senior assistant legislative clerk
section shall trade or transfer a production (A) IN GENERAL.—Subject to subparagraph read as follows:
allowance or, after January 1, 2033, export a (B), during the 5-year period beginning on
regulated substance to a person in a foreign the date of enactment of this Act, and with A resolution (S. Res. 688) designating Sep-
country that, as determined by the Adminis- respect to an exclusive use for which a man- tember 25, 2020, as ‘‘National Lobster Day’’.
trator, has not enacted or otherwise estab- datory allocation of allowances is provided The PRESIDING OFFICER. There
lished within a reasonable timeframe after under subsection (e)(4)(B)(iv)(I), no State or being no objection, the Senate pro-
the date of enactment of this Act the same political subdivision of a State may enforce ceeded to consider the resolution.
or similar requirements or otherwise under- a statute or administrative action restrict- Mr. MCCONNELL. I ask unanimous
taken commitments regarding the produc- ing the management or use of a regulated
consent that the resolution be agreed
tion and consumption of regulated sub- substance within that exclusive use.
stances as are contained in this section. (B) EXTENSION.— to; that the preamble be agreed to; and
(2) TRANSFERS.—Pursuant to paragraph (1), (i) IN GENERAL.—Subject to clause (ii), if, that the motion to reconsider be con-
a person in the United States may engage in pursuant to subclause (I) of subsection sidered made and laid upon the table
a trade or transfer of a production allow- (e)(4)(B)(v), the Administrator authorizes an with no intervening action or debate.
ance— additional period under subclause (II) of that The PRESIDING OFFICER. Without
(A) to a person in a foreign country if, at subsection for the production or consump- objection, it is so ordered.
ctelli on DSK11ZRN23PROD with SENATE
the time of the transfer, the Administrator tion of a regulated substance for an exclusive The resolution (S. Res. 688) was
revises the number of allowances for produc- use described in subparagraph (A), no State
agreed to.
tion under subsection (e)(2), as applicable, or political subdivision of a State may en-
for the United States such that the aggre- force a statute or administrative action re- The preamble was agreed to.
gate national production of the regulated stricting the management or use of the regu- (The resolution, with its preamble, is
substance to be traded under the revised pro- lated substance within that exclusive use for printed in today’s RECORD under ‘‘Sub-
duction limits is equal to the least of— the duration of that additional period. mitted Resolutions.’’)
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