Consideration of H.R. 4447 and Amendments En Bloc — Congressional Record, House
Summary
A page of the Congressional Record, House, dated September 24, 2020, beginning at page H4898, in a very long document. Mr. Rose of New York honors the life of Louis Antonelli, and Mr. LaMalfa recognizes Charles Morton, a USDA Forest Service official who died while fighting the El Dorado fire in the San Bernardino National Forest. A communication from the Clerk reports that the Senate agreed to S. Con. Res. 46, and consideration resumes of H.R. 4447, a bill to establish an energy storage and microgrid grant and technical assistance program. The page ends with recorded vote listings, a statement by Ms. Granger on a missed vote on rollcall No. 206, and a reference to memorial services at the Capitol.
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
“Consideration of H.R. 4447 and Amendments En Bloc — Congressional Record, House.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-09-24-crec-2020-09-24-pt1-pgh4898-6-92af4d14d3/
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H4898 CONGRESSIONAL RECORD — HOUSE September 24, 2020
HONORING THE LIFE OF LOUIS minute and to revise and extend his re- COMMUNICATION FROM THE
ANTONELLI marks.) CLERK OF THE HOUSE
(Mr. ROSE of New York asked and Mr. LAMALFA. Mr. Speaker, it is The SPEAKER pro tempore laid be-
was given permission to address the with deep regret that I rise today to fore the House the following commu-
House for 1 minute.) recognize the lost life of USDA Forest nication from the Clerk of the House of
Mr. ROSE of New York. Mr. Speaker, Service official Charles Morton who Representatives:
I rise today to honor the life and serv- died while fighting the El Dorado fire OFFICE OF THE CLERK,
ice of Mr. Louis Antonelli, an amazing in the San Bernardino National Forest HOUSE OF REPRESENTATIVES,
husband, father, grandfather, and last Thursday in southern California. Washington, DC, September 24, 2020.
someone who served his community Charlie began his career as a corps- Hon. NANCY PELOSI,
and his church with love and with com- man with the California Conservation The Speaker, House of Representatives,
Corps at the Butte Fire Center in Washington, DC.
passion.
DEAR MADAM SPEAKER: Pursuant to the
Louis loved to serve, and he took Magalia, California, up in my area,
permission granted in Clause 2(h) of Rule II
pride in his work as a member of the where the Camp fire was known to of the Rules of the U.S. House of Representa-
New York City FOP and in his service have raged through there in 2018. No tives, the Clerk received the following mes-
on the board of the South Beach Civic doubt some of the work that he and his sage from the Secretary of the Senate on
Association. colleagues did in the area of Magalia September 24, 2020, at 10:39 a.m.:
And although he was no stranger to then saved a portion of Magalia in That the Senate agreed to S. Con. Res. 46.
tragedy with the loss of his beloved what they did. With best wishes, I am,
son, he never lost his joy or his passion During the 2006 fire season, he Sincerely,
for others. He loved to entertain ROBERT F. REEVES,
worked with Firestorm Wildland Fire
guests, and when they would come and Deputy Clerk.
Suppression in Chico, California. His
visit, you would never find him with- 14-year forest service culminated as a f
out a smile, a piece of candy, or some Big Bear, California, Interagency Hot EXPANDING ACCESS TO SUSTAIN-
kind words to share. Shot Squad Boss in San Bernardino Na- ABLE ENERGY ACT OF 2019
He will be missed, but he will never tional Forest.
be forgotten. My heart goes out to An- The SPEAKER pro tempore. Pursu-
Charlie’s untimely passing is a risk ant to clause 1(c) of rule XIX, further
gela, his adoring wife of over 60 years, that is, unfortunately, part of what our
his two daughters, and his five grand- consideration of the bill (H.R. 4447) to
valiant firefighters and forest service establish an energy storage and
children. Mr. Antonelli, we will never workers deal with on the front lines
forget your memory. microgrid grant and technical assist-
every day. I pray that his family will ance program, will now resume.
f find peace. The Clerk read the title of the bill.
REMEMBERING DR. SAM E. I also pray for the firefighters across The SPEAKER pro tempore. Each
SCOLARO the West right now risking it all to further amendment printed in part B of
(Mr. SPANO asked and was given per- save our public lands, property, fami- House Report 116–528 not earlier con-
mission to address the House for 1 lies, and wildlife from wildfire season. sidered as part of amendments en bloc
minute and to revise and extend his re- f pursuant to section 3 of House Resolu-
marks.) tion 1129, shall be considered only in
Mr. SPANO. Mr. Speaker, today I b 1115 the order printed in the report, may be
rise to highlight in memoriam the leg- offered only by a Member designated in
acy of Dr. Sam Scolaro, a respected pil- REINSTATE REGIONAL AIRPORTS the report, shall be considered as read,
lar in Florida 15th District’s medical TO BOOST LOCAL ECONOMIES shall be debatable for the time speci-
community, and a devoted husband and (Mr. THOMPSON of Pennsylvania fied in the report equally divided and
loving father who kept his promise to asked and was given permission to ad- controlled by the proponent and an op-
God to serve his patients until the day dress the House for 1 minute and to re- ponent, may be withdrawn by the pro-
that he died, a promise fulfilled when vise and extend his remarks.) ponent at any time before the question
COVID–19 took his life in August. Mr. THOMPSON of Pennsylvania. is put thereon, shall not be subject to
Dr. Scolaro graduated from Jefferson amendment, and shall not be subject to
Mr. Speaker, I rise today to express my
High School in 1963, earned his under- a demand for division of the question.
support of the Restoring Essential
graduate degree from USF in 1967 and, It shall be in order at any time for
Service to Small Airports Act, a bill
after earning his medical degree, start- the chair of the Committee on Energy
introduced by Congressman TRONE,
ed his medical practice in 1972 in Bran- and Commerce or his designee to offer
which I am proud to cosponsor.
don-Valrico. amendments en bloc consisting of fur-
For 48 years, he served in many com- This bipartisan bill would reinstate
several regional airports back into the ther amendments printed in part B of
munity roles while caring for patients,
Essential Air Service program, which House Report 116–528, not earlier dis-
including as president of both the
provides rural and underserved commu- posed of. Amendments en bloc shall be
Brandon Chamber of Commerce and the
nities access to the national air trans- considered as read, shall be debatable
Missing Children’s Help Center, and as
portation system. for 20 minutes equally divided and con-
a Brandon Hospital founding member.
The States that will benefit include trolled by the chair and ranking minor-
His mark on our community will not
my home State of Pennsylvania, as ity member of the Committee on En-
be forgotten.
Dr. Scolaro extended his passion for well as Kansas, New York, South Da- ergy and Commerce or their respective
medicine and helping others by men- kota, Maryland, and Wyoming. designees, shall not be subject to
toring generations of medical students. Many rural communities in these amendment, and shall not be subject to
To his beloved wife of 53 years, Janie, States were struggling prior to COVID– a demand for division of the question.
and his two daughters, Stephanie and 19, and it is important that access to AMENDMENTS EN BLOC NO. 1 OFFERED BY MS.
Jennifer, our district and community affordable commercial flights to in-de- STEVENS OF MICHIGAN
mourn the loss of Sam. May his mem- mand locations continue. Ms. STEVENS. Mr. Speaker, as the
ory and sacrifice be a reminder of his Without this lifeline, commercial designee of Mr. PALLONE, pursuant to
love for family and community. Our service will cease to exist, presenting a House Resolution 1129, I offer amend-
thoughts and prayers are with you. new set of challenges when it comes to ments en bloc.
f economic development and the long- The SPEAKER pro tempore. The
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term growth and sustainability of Clerk will designate the amendments
RECOGNIZING USDA FOREST these communities. en bloc.
SERVICE OFFICIAL CHARLES As a result of the reinstatement of Amendments en bloc No. 1 consisting
MORTON these airports into the EAS program, a of amendment Nos. 1, 14, 15, 18, 23, 24,
(Mr. LAMALFA asked and was given long-overdue boost to local economies 26, 29, 39, 40, 41, 42, 47, 49, 50, 54, 64, 69,
permission to address the House for 1 will occur. 72, 77, 78, 79, 80, 81, 94, and 98, printed in
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September 24, 2020 CONGRESSIONAL RECORD — HOUSE H4899
part B of House Report 116–528, offered SEC. 12607. STUDY ON EQUITABLE DISTRIBUTION (3) Barriers, in terms of cost, infrastruc-
OF BENEFITS OF CLEAN ENERGY. ture, geology, aquifers, and markets, to en-
by Ms. STEVENS of Michigan:
(a) FRONTLINE COMMUNITY.—In this section, suring permanent carbon storage including
AMENDMENT NO. 1 OFFERED BY MRS. AXNE OF the term ‘‘frontline community’’ means a both point of source capture and removal
IOWA community with significant representation from the atmosphere of captured carbon di-
Page 328, line 2, strike ‘‘industrial applica- of communities of color, low-income commu- oxide.
tions’’ and insert ‘‘industrial applications, nities, or Tribal and indigenous commu- (4) Analysis of the lifecycle emissions asso-
including at biofuel facilities’’. nities, that experiences, or is at risk of expe- ciated with carbon capture technologies, in-
AMENDMENT NO. 14 OFFERED BY MS. CASTOR OF riencing, higher or more adverse human cluding construction and operation of the
FLORIDA health or environmental effects. carbon capture technology, as well as trans-
(b) STUDY.—Not later than 1 year after the port, processing, and injection of carbon di-
Page 9, after the item relating to section
date of the enactment of this Act, the Sec- oxide, including the permanence of carbon
12606, insert the following:
retary of Energy shall enter into an agree- storage and sequestration, and strategies to
Sec. 12607. Study on equitable distribution
ment with the National Academies of reduce those emissions. This should include
of benefits of clean energy.
Science, Engineering, and Medicine to under- the amount of carbon dioxide emitted from a
At the end of subtitle F of Title XII, insert take a study on technical and non-technical facility outfitted with carbon capture tech-
the following: barriers to and solutions for ensuring equi- nologies that is permanently sequestered
SEC. 12607. DEPARTMENT OF ENERGY RESEARCH table distribution of the benefits associated compared to the amount of carbon dioxide
MISSION ON CLIMATE CHANGE AND with clean energy in frontline communities emitted by the carbon capture process itself.
EMISSIONS REDUCTION. across all sectors of the economy, and in par- (5) Evaluation of the impact of carbon cap-
(a) GOALS.—Section 902 of the Energy Pol- ticular the role of the Department of Energy ture technologies on air pollution, including
icy Act of 2005 (42 U.S.C. 16181) is amended— in assessing and mitigating such barriers. particulate emissions and ozone precursors,
(1) in paragraph (4), by striking ‘‘and’’ at The study shall— with specific analysis on the impacts on
the end; and (1) assess the state of research on the equi- communities historically overburdened with
(2) by striking paragraph (5) and inserting table distribution of the benefits of clean en- pollution, including rural communities.
the following: ergy including workforce development and (b) REPORT.—The agreement under sub-
‘‘(5) decreasing the environmental impact job creation; section (a) shall specify that, not later than
of energy-related activities, including by (2) assess the progress in implementing 1 year after the date of enactment of this
deeply reducing emissions; and programs and policies that result in in- Act, the National Academy of Sciences shall
‘‘(6) improving energy-sector resilience to creased adoption of clean energy tech- submit to Congress a report containing the
climate change.’’. nologies in frontline communities; results and findings of study authorized
(b) EMISSIONS DEFINED FOR GOALS.—Sec- (3) identify barriers as well as potential in- under this section.
tion 902 of the Energy Policy Act of 2005 (42 centives and mechanisms to achieving the Page 5, in the table of contents, after the
U.S.C. 16181) is amended by adding at the end equitable distribution of the benefits associ- matter related to section 3114, insert the fol-
the following: ated with clean energy in frontline commu- lowing:
‘‘(e) EMISSIONS DEFINED.—In this section, nities, including through the consideration Sec. 3115. National Academy of Sciences
the term ‘emissions’ means greenhouse gas of social, behavioral, regulatory, policy, study on carbon capture tech-
emissions or other pollutants.’’. market, and technology aspects, and consid- nology.
(c) EMISSIONS REDUCTION.—Section 911 of erations of the characteristics of individual AMENDMENT NO. 24 OFFERED BY MS. ESCOBAR OF
the Energy Policy Act of 2005 (42 U.S.C. communities, such as geographical location, TEXAS
16191) is amended— average income, and racial-ethnic composi- Page 223, lines 18 through 21, strike para-
(1) in the heading by inserting ‘‘AND EMIS- tion; and graph (2) and insert the following:
SIONS REDUCTIONS’’ after ‘‘ENERGY EFFI- (4) recommend research areas for the De- (2) The term ‘‘institution of higher edu-
CIENCY’’; partment of Energy to make progress to- cation’’—
(2) in subsection (a)— wards ensuring equitable distribution of the (A) has the meaning given such term in
(A) in paragraph (1)— benefits associated with clean energy in section 101 of the Higher Education Act of
(i) by inserting ‘‘and emissions reductions’’ frontline communities. 1965 (20 U.S.C. 1001); and
after ‘‘energy efficiency’’; and AMENDMENT NO. 18 OFFERED BY MR. COX OF (B) includes a minority-serving institution.
(ii) in subparagraph (A), by inserting ‘‘, CALIFORNIA (3) The term ‘‘minority-serving institu-
and reducing emissions from,’’ after ‘‘effi- tion’’ has the meaning given the term ‘‘eligi-
Page 229, after line 7, insert the following
ciency of’’; and ble institution’’ in section 371(a) of the High-
(and redesignate paragraph (22) as paragraph
(B) in paragraph (2)— er Education Act of 1965 (20 U.S.C. 1067q(a)).
(23)): Page 223, line 22, redesignate paragraph (3)
(i) by amending the matter preceding sub-
(22) Durable, low-cost solar-powered sen- as paragraph (4).
paragraph (A)(i) to read as follows:
sors, equipment, and machinery for off-grid Page 224, lines 1 and 4, redesignate para-
‘‘(A) advanced, cost-effective technologies
use, with special consideration for agricul- graphs (4) and (5) as paragraphs (5) and (6).
to improve the energy efficiency and envi-
tural applications, such as solar powered Page 225, after line 20, insert the following:
ronmental performance of, and reduce emis-
smart agricultural monitoring and irrigation (4) SPECIAL CONSIDERATION.—With respect
sions from, vehicles, including—’’;
systems to applications under paragraph (3), the Sec-
(ii) by amending subparagraph (B) to read
as follows: AMENDMENT NO. 23 OFFERED BY MR. DOGGETT retary shall give special consideration to ap-
‘‘(B) cost-effective technologies for new OF TEXAS plications from minority-serving institu-
construction and retrofit, to improve the en- Page 383, after line 7, insert the following: tions or a multi-institutional consortium
ergy efficiency and environmental perform- SEC. 3115. NATIONAL ACADEMY OF SCIENCES which includes a minority-serving institu-
ance of, and reduce emissions from buildings, STUDY ON CARBON CAPTURE TECH- tion.
using a whole-buildings approach, including NOLOGY. AMENDMENT NO. 26 OFFERED BY MR. GARAMENDI
onsite clean energy generation and bene- (a) IN GENERAL.—The Secretary of Energy OF CALIFORNIA
ficial electrification;’’; and shall enter into an agreement with the Na- At the end of subtitle C of title XII, add
(iii) by amending subparagraph (C) to read tional Academy of Sciences, Engineering, the following:
as follows: and Medicine to conduct a study evaluating SEC. ll. EXTENSION OF AUTHORITY FOR NON-
‘‘(C) advanced technologies to improve the the efficacy of carbon capture and storage OIL AND GAS OPERATIONS ON THE
energy efficiency, environmental perform- technology by industry in reducing emis- OUTER CONTINENTAL SHELF.
ance, and process efficiency of, and reduce sions and the cost-effectiveness of such tech- Section 4(a)(1) of the Outer Continental
emissions from industry, especially energy- nologies. Such study shall include a descrip- Shelf Lands Act (43 U.S.C. 1333(a)(1)) is
intensive and waste-intensive industries;’’; tion of the following: amended to read as follows:
and (1) Analysis of the effectiveness of emis- ‘‘(1) JURISDICTION OF THE UNITED STATES ON
(3) by adding at the end the following: sions reductions and cost through implemen- THE OUTER CONTINENTAL SHELF.——
‘‘(f) EMISSIONS DEFINED.—In this section, tation of carbon capture as compared to ‘‘(A) IN GENERAL.—The Constitution and
the term ‘emissions’ means greenhouse gas transitioning to other low-emissions tech- laws and civil and political jurisdiction of
emissions or other pollutants.’’. nologies. the United States are extended, to the same
(2) Differences in performance of various extent as if the outer Continental Shelf were
AMENDMENT NO. 15 OFFERED BY MS. CASTOR OF
carbon capture technologies and storage an area of exclusive Federal jurisdiction lo-
FLORIDA
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methods, including the net amount of carbon cated within a State, to—
Page 9, after the item relating to section dioxide that can be permanently sequestered, ‘‘(i) the subsoil and seabed of the outer
12606, insert the following: the cost (in terms of dollar per ton captured/ Continental Shelf;
Sec. 12607. Study on equitable distribution sequestered) of each technology, and the po- ‘‘(ii) all artificial islands on the outer Con-
of benefits of clean energy. tential to increase the net amount of carbon tinental Shelf;
At the end of subtitle F of Title XII, insert dioxide captured/sequestered and lower oper- ‘‘(iii) all installations and other devices
the following: ational costs. permanently or temporarily attached to the
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H4900 CONGRESSIONAL RECORD — HOUSE September 24, 2020
seabed, which may be erected thereon for the facility operations at institutions of higher ‘‘(4) REQUIREMENTS.—In carrying out the
purpose of exploring for, developing, or pro- education, National Laboratories, and pri- milestone-based program under paragraph
ducing resources therefrom or producing or vate facilities in the United States for a (1), the Secretary shall, for each relevant
supporting the production of energy from portfolio of alternative and enabling fusion project—
sources other than oil and gas; and energy concepts that may provide solutions ‘‘(A) request proposals from eligible enti-
‘‘(iv) any such installation or other device to significant challenges to the establish- ties, as determined by the Secretary, that in-
(other than a ship or vessel) for the purpose ment of a commercial magnetic fusion power clude proposed technical milestones, includ-
of transporting such resources or transmit- plant, prioritized based on the ability of the ing estimated project timelines and total
ting energy. United States to play a leadership role in the costs;
‘‘(B) LEASES ISSUED EXCLUSIVELY UNDER international fusion research community. ‘‘(B) set milestones based on a rigorous
THIS ACT.—Mineral or energy leases on the ‘‘(2) ACTIVITIES.—Fusion energy concepts technical review process;
outer Continental Shelf shall be maintained and activities explored under paragraph (1) ‘‘(C) award funding of a predetermined
or issued only under the provisions of this may include— amount to projects that successfully meet
Act.’’. ‘‘(A) alternative fusion energy concepts, proposed milestones under paragraph (1), or
AMENDMENT NO. 29 OFFERED BY MR. GRAVES OF
including— for expenses deemed reimbursable by the
LOUISIANA
‘‘(i) advanced stellarator concepts; Secretary, in accordance with terms nego-
‘‘(ii) non-tokamak confinement configura- tiated for an individual award; and
Page 707, line 3, after ‘‘cost-competitive’’ tions operating at low magnetic fields; ‘‘(D) communicate regularly with selected
insert ‘‘, including in developing economies’’. ‘‘(iii) magnetized target fusion energy con- eligible entities and, if the Secretary deems
AMENDMENT NO. 39 OFFERED BY MR. LAMB OF cepts; or appropriate, exercise small amounts of flexi-
PENNSYLVANIA ‘‘(iv) other promising fusion energy con- bility for technical milestones as projects
Page 432, after line 15, insert the following: cepts identified by the Director; mature.
Subtitle C—FUSION ENERGY RESEARCH ‘‘(B) enabling fusion technology develop- ‘‘(5) AWARDS.—For the program established
ment activities, including— under paragraph (1)—
SEC. 4301. FUSION ENERGY RESEARCH.
‘‘(i) high magnetic field approaches facili- ‘‘(A) an award recipient shall be respon-
(a) PROGRAM.—Section 307 of the Depart- tated by high temperature superconductors; sible for all costs until milestones are
ment of Energy Research and Innovation Act ‘‘(ii) liquid metals to address issues associ- achieved, or reimbursable expenses are re-
(42 U.S.C. 18645) is amended— ated with fusion plasma interactions with viewed and verified by the Department; and
(1) by redesignating subsections (a) the inner wall of the encasing device; and ‘‘(B) should an awardee not meet the mile-
through (g) as subsections (b) through (h), ‘‘(iii) advanced blankets for heat manage- stones described in paragraph (4), the Sec-
respectively; ment and fuel breeding; and retary may end the partnership with an
(2) by inserting before subsection (b), as so ‘‘(C) advanced scientific computing activi- award recipient and use the remaining funds
redesignated, the following: ties. in the ended agreement for new or existing
‘‘(a) PROGRAM.—As part of the activities ‘‘(3) INNOVATION NETWORK FOR FUSION EN- projects carried out under this section.
authorized under section 209 of the Depart- ERGY.— ‘‘(6) APPLICATIONS.—Any project proposal
ment of Energy Organization Act (42 U.S.C. ‘‘(A) IN GENERAL.—The Secretary, acting submitted to the program under paragraph
7139) and section 972 of the Energy Policy through the Office of Science, shall support a (1) shall be evaluated based upon its sci-
Act of 2005 (42 U.S.C. 16312), the Director program to provide fusion energy researchers entific, technical, and business merits
shall carry out a fusion energy sciences re- with access to scientific and technical re- through a peer-review process, which shall
search and enabling technology development sources and expertise at facilities supported include reviewers with appropriate expertise
program to effectively address the scientific by the Department, including such facilities from the private sector, the investment com-
and engineering challenges to building a cost at National Laboratories and universities, to munity, and experts in the science and engi-
competitive fusion power plant and to estab- advance innovative fusion energy tech- neering of fusion and plasma physics.
lish a competitive fusion power industry in nologies toward commercial application. ‘‘(7) PROJECT MANAGEMENT.—In carrying
the United States. As part of this program, ‘‘(B) AWARDS.—Financial assistance under out projects under this program and assess-
the Director shall carry out research activi- the program established in subsection (a) ing the completion of their milestones in ac-
ties to expand the fundamental under- may be in the form of grants, vouchers, cordance with paragraph (4), the Secretary
standings of plasmas and matter at very equipment loans, or contracts to private en- shall consult with experts that represent di-
high temperatures and densities for fusion tities. verse perspectives and professional experi-
applications and for other plasma science ap- ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— ences, including those from the private sec-
plications.’’; Out of funds authorized to be appropriated tor, to ensure a complete and thorough re-
(3) by amending subsection (d) to read as under subsection (o), there are authorized to view.
follows: be appropriated to the Secretary to carry ‘‘(8) PROGRAMMATIC REVIEW.—Not later
‘‘(d) INERTIAL FUSION RESEARCH AND DE- out the activities described in subsection than 4 years after the Secretary has estab-
VELOPMENT.— (e)— lished 3 milestones under this program, the
‘‘(1) IN GENERAL.—The Director shall carry ‘‘(A) $100,000,000 for fiscal year 2021; Secretary shall enter into a contractual ar-
out a program of research and technology de- ‘‘(B) $105,000,000 for fiscal year 2022; rangement with the National Academy of
velopment in inertial fusion for energy appli- ‘‘(C) $110,250,000 for fiscal year 2023; Sciences to review and provide a report de-
cations, including ion beam, laser, and ‘‘(D) $115,763,000 for fiscal year 2024; and scribing the findings of this review to the
pulsed power fusion systems. ‘‘(E) $121,551,000 for fiscal year 2025.’’; and House Committee on Science, Space, and
‘‘(2) ACTIVITIES.—As part of the program (5) by adding at the end the following: Technology and the Senate Committee on
described in paragraph (1), the Director shall ‘‘(i) MILESTONE-BASED DEVELOPMENT PRO- Energy and Natural Resources on the pro-
support activities at and partnerships with GRAM.— gram established under this paragraph (1)
universities and the National Laboratories ‘‘(1) IN GENERAL.—Using the authority of that assesses—
to— the Secretary under section 646(g) of the De- ‘‘(A) the benefits and drawbacks of a mile-
‘‘(A) develop novel target designs; partment of Energy Organization Act (42 stone-based fusion program as compared to
‘‘(B) support modeling of various inertial U.S.C. 7256(g)), notwithstanding paragraph traditional program structure funding mod-
fusion energy concepts and systems; (10) of such section, the Secretary shall es- els at the Department;
‘‘(C) develop diagnostic tools; and tablish, within 3 months of enactment of this ‘‘(B) lessons-learned from program oper-
‘‘(D) improve inertial fusion energy driver Act, a milestone-based fusion energy devel- ations; and
technologies. opment program that requires projects to ‘‘(C) any other matters the Secretary de-
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— meet particular technical milestones before termines regarding the program.
Out of funds authorized to be appropriated a participant is awarded funds by the De- ‘‘(9) ANNUAL REPORT.—As part of the an-
under subsection (o), there are authorized to partment. nual budget request submitted for each fiscal
be appropriated to the Secretary to carry ‘‘(2) PURPOSE.—The purpose of the program year, the Secretary shall provide the House
out the activities described in subsection established by paragraph (1) shall be to sup- Committee on Science, Space, and Tech-
(d)— port the development of a U.S.-based fusion nology and the Senate Committee on Energy
‘‘(A) $25,000,000 for fiscal year 2021; power industry through the research and de- and Natural Resources a report describing
‘‘(B) $26,250,000 for fiscal year 2022; velopment of technologies that will enable partnerships supported by the program es-
‘‘(C) $27,563,000 for fiscal year 2023; the construction of new full-scale fusion sys- tablished under paragraph (1) during the pre-
‘‘(D) $28,941,000 for fiscal year 2024; and tems capable of demonstrating significant vious fiscal year.
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‘‘(E) $30,377,000 for fiscal year 2025.’’; improvements in the performance of such ‘‘(10) AUTHORIZATIONS FOR APPROPRIA-
(4) by amending subsection (e) to read as systems, as defined by the Secretary, within TIONS.—Out of funds authorized to be appro-
follows: 10 years of the enactment of this Act. priated under subsection (o), there are au-
‘‘(e) ALTERNATIVE AND ENABLING CON- ‘‘(3) ELIGIBILITY.—Any entity is eligible to thorized to be appropriated to the Secretary
CEPTS.— participate in the program provided that the to carry out the activities described in sub-
‘‘(1) IN GENERAL.—The Director shall sup- Under Secretary has deemed it as having the section (i), to remain available until ex-
port research and development activities and necessary resources and expertise. pended—
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September 24, 2020 CONGRESSIONAL RECORD — HOUSE H4901
‘‘(A) $45,000,000 for fiscal year 2021; or the Assistant Secretary of Energy for Nu- (1) effective systems for on-site manage-
‘‘(B) $110,000,000 for fiscal year 2022; clear Energy. ment or repurposing of produced water; and
‘‘(C) $140,000,000 for fiscal year 2023; ‘‘(3) IMPLEMENTATION.—The Secretary shall (2) new technologies or approaches to re-
‘‘(D) $110,000,000 for fiscal year 2024; and implement the recommendations made by duce the environmental impact of produced
‘‘(E) $45,000,000 for fiscal year 2025. the report directed in this section upon water on local water sources and the envi-
‘‘(j) FUSION REACTOR SYSTEM DESIGN.—The transmission of the report to Congress. ronment.
Director shall support research and develop- ‘‘(o) AUTHORIZATION OF APPROPRIATIONS.— (c) CONDUCT OF PROGRAM.—In carrying out
ment activities to design future fusion reac- There are authorized to be appropriated to the program described in subsection (a), the
tor systems and examine and address the the Secretary to carry out the activities de- Secretary shall carry out science-based re-
technical drivers for the cost of these sys- scribed in this section— search and development activities to pur-
tems. ‘‘(1) $976,000,000 for fiscal year 2021; sue—
‘‘(k) GENERAL PLASMA SCIENCE AND APPLI- ‘‘(2) $1,033,000,000 for fiscal year 2022; (1) improved efficiency, technologies, and
CATIONS.—The Director shall support re- ‘‘(3) $1,104,000,000 for fiscal year 2023; techniques for produced water recycling sta-
search in general plasma science and high ‘‘(4) $1,181,000,000 for fiscal year 2024; and tions; and
energy density physics that advance the un- ‘‘(5) $1,264,000,000 for fiscal year 2025.’’. (2) B. alternative approaches to treating,
derstanding of the scientific community of (b) ITER.—Section 972(c) of the Energy Pol- reusing, storing, or decontaminating pro-
fundamental properties and complex behav- icy Act of 2005 (42 U.S.C. 16312) is amended to duced water.
ior of matter to control and manipulate plas- read as follows: (d) AUTHORIZATION OF APPROPRIATIONS.—
mas for a broad range of applications, includ- ‘‘(c) UNITED STATES PARTICIPATION IN There are authorized to be appropriated for
ing support for research relevant to advance- ITER.— purposes of this section $10,000,000 for each of
ments in chip manufacturing and microelec- ‘‘(1) IN GENERAL.—There is authorized fiscal years 2020 through 2025.
tronics. United States participation in the construc- SEC. 2564. PRODUCED WATER DEMONSTRATION
‘‘(l) SENSE OF CONGRESS.—It is the sense of tion and operations of the ITER project, as PROGRAM.
Congress that the United States should sup- agreed to under the April 25, 2007 ‘Agreement (a) ESTABLISHMENT.—The Secretary of En-
port a robust, diverse program in addition to on the Establishment of the ITER Inter- ergy shall establish a demonstration pro-
providing sufficient support to, at a min- national Fusion Energy Organization for the gram for on-site treatment of produced
imum, meet its commitments to ITER and Joint Implementation of the ITER Project’. water.
maintain the schedule of the project as de- The Director shall coordinate and carry out (b) REQUIREMENTS.—In developing the dem-
termined by the Secretary in coordination the responsibilities of the United States with onstration program under this section, the
with the ITER Organization at the time of respect to this Agreement. Secretary shall consult with the heads of
the enactment of this Act. It is further the ‘‘(2) REPORT.—Not later than 1 year after other relevant Federal departments and
sense of Congress that developing the sci- the date of enactment of this Act, the Sec- agencies, including the Department of the
entific basis for fusion, providing research retary shall submit to Congress a report pro- Interior and the Environmental Protection
results key to the success of ITER, and viding an assessment of the most recent Agency.
training the next generation of fusion sci- (c) PRIORITIZATION.—In carrying out this
schedule for ITER that has been approved by
entists are of critical importance to the section, the Secretary should prioritize—
the ITER Council.
United States and should in no way be di- (1) first-of-a-kind or new approaches to
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—
minished by participation of the United treating produced water stationed on site;
Out of funds authorized to be appropriated
States in the ITER project. and
under section 307(o) of the Department of En-
‘‘(m) INTERNATIONAL COLLABORATION.—The (2) technologies that can be used at natural
ergy Research and Innovation Act (42 U.S.C.
Director shall— gas or oil development sites to reduce other
18645), there shall be made available to the
‘‘(1) as practicable and in coordination environmental harm either through emis-
Secretary to carry out the construction of
with other appropriate Federal agencies as sions or other environmental impact.
ITER— (d) AUTHORIZATION OF APPROPRIATIONS.—
necessary, ensure the access of United States
‘‘(A) $374,000,000 for fiscal year 2021; and There are authorized to be appropriated for
researchers to the most advanced fusion re-
‘‘(B) $300,000,000 for each of fiscal years 2022 purposes of this section $10,000,000 for each of
search facilities and research capabilities in
through 2025.’’. fiscal years 2020 through 2025.
the world, including ITER; Page 5, in the table of contents, after the
‘‘(2) to the maximum extent practicable, matter related to subtitle B of title IV, in- AMENDMENT NO. 42 OFFERED BY MR. LARSEN OF
continue to leverage United States partici- sert the following: WASHINGTON
pation ITER, and prioritize expanding inter- At the end of subtitle F of title XII, add
national partnerships and investments in Subtitle C—FUSION ENERGY RESEARCH
the following:
current and future fusion research facilities Sec. 4301. Fusion energy research SEC. 2. STUDY ON CERTAIN CLIMATE CHANGE
within the United States; and AMENDMENT NO. 40 OFFERED BY MR. LAMB OF MITIGATION EFFORTS.
‘‘(3) to the maximum extent practicable, PENNSYLVANIA (a) IN GENERAL.—Not later than 90 days
prioritize engagement in collaborative ef- Page 426, add after line 14 the following after the date of enactment of this Act, the
forts in support of future international fa- (and redesignate subsequent subsections ac- Secretary of Transportation shall seek to
cilities that would provide access to the cordingly): enter into an agreement with the National
most advanced fusion research facilities in ‘‘(d) MILESTONE-BASED DEMONSTRATION Academies of Sciences, Engineering, and
the world to United States researchers. PROJECTS.—The Secretary may carry out Medicine (referred to in this section as the
‘‘(n) FISSION AND FUSION RESEARCH COORDI- demonstration projects under subsection (c) ‘‘National Academies’’) to conduct a study
NATION REPORT.— as a milestone-based demonstration project on climate change mitigation efforts with
‘‘(1) IN GENERAL.—Not later than 6 months under section 8304 of the Clean Economy respect to the civil aviation and aerospace
after the date of enactment of this Act, the Jobs and Innovation Act.’’. industries.
Secretary shall transmit to Congress a re- (b) STUDY CONTENTS.—In conducting the
AMENDMENT NO. 41 OFFERED BY MR. LAMB OF
port addressing opportunities for coordi- study under subsection (a), the National
PENNSYLVANIA
nating fusion energy research and develop- Academies shall—
ment activities between the Office of Nu- Page 4, after the item relating to section (1) identify climate change mitigation ef-
clear Energy and the Office of Science. 2562, insert the following: forts, including efforts relating to emerging
‘‘(2) COMPONENTS.—The report shall assess Sec. 2563. Produced water research and de- technologies, in the civil aviation and aero-
opportunities for collaboration on research velopment program. space industries;
and development of— Sec. 2564. Produced water demonstration (2) develop and apply an appropriate indi-
‘‘(A) liquid metals to address issues associ- program. cator for assessing the effectiveness of such
ated with fusion plasma interactions with Page 299, after line 8, insert the following: efforts;
the inner wall of the encasing device and SEC. 2563. PRODUCED WATER RESEARCH AND (3) identify gaps in such efforts;
other components within the reactor; DEVELOPMENT PROGRAM. (4) identify barriers preventing expansion
‘‘(B) immersion blankets for heat manage- (a) ESTABLISHMENT.—As soon as possible of such efforts; and
ment and fuel breeding; after the date of enactment of this Act, the (5) develop recommendations with respect
‘‘(C) technologies and methods for instru- Secretary of Energy shall establish a re- to such efforts.
mentation and control; search and development program on pro- (c) REPORTS.—
‘‘(D) computational methods and codes for duced water to develop— (1) FINDINGS OF STUDY.—Not later than 1
system operation and maintenance; (1) new technologies and practices to re- year after the date on which the Secretary
dlhill on DSK120RN23PROD with HOUSE
‘‘(E) codes and standard development; duce the environmental impact; and enters into an agreement for a study pursu-
‘‘(F) radioactive waste handling; (2) opportunities for reprocessing of pro- ant to subsection (a), the Secretary shall
‘‘(G) radiological safety; duced water at natural gas or oil develop- submit to the appropriate congressional
‘‘(H) potential for non-electricity genera- ment sites. committees the findings of the study.
tion applications; and (b) PRIORITIZATION.—The Secretary shall (2) ASSESSMENT.—Not later than 180 days
‘‘(I) any other overlapping priority as iden- give priority to projects that develop and after the date on which the Secretary sub-
tified by the Director of the Office of Science bring to market— mits the findings pursuant to paragraph (1),
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H4902 CONGRESSIONAL RECORD — HOUSE September 24, 2020
the Secretary, acting through the Adminis- ‘‘(B) CONGRESS.—Not later than 18 months (c) DATA PUBLICATION FREQUENCY.—The
trator of the Federal Aviation Administra- after the date of enactment of this Act, the data made available under this section shall
tion, shall submit to the appropriate con- Secretary shall submit the research plan de- be updated at least annually.
gressional committees a report that contains veloped under subparagraph (A) to the Com- AMENDMENT NO. 50 OFFERED BY MR. LUCAS OF
an assessment of the findings. mittee on Science, Space, and Technology of OKLAHOMA
(d) AUTHORIZATION OF APPROPRIATIONS.— the House of Representatives and the Com- At the end of subtitle F of title XII, add
There is authorized to be appropriated to the mittee on Energy and Natural Resources of the following:
Secretary to carry out this section $1,500,000. the Senate. SEC. 126ll. SENSE OF CONGRESS.
(e) DEFINITIONS.—In this section: ‘‘(4) PROGRAM EVALUATION.— It is the sense of Congress that in order to
(1) APPROPRIATE CONGRESSIONAL COMMIT- ‘‘(A) INDEPENDENT EXTERNAL ENTITY.—Not reduce emissions and meet 100 percent of the
TEES.—The term ‘‘appropriate congressional later than 3 years after the date of enact- power demand in the United States through
committees’’ means the Committee on ment of this Act, and every 2 years there- clean, renewable, or zero emission energy
Transportation and Infrastructure of the after, the Secretary shall enter into agree- sources while maintaining United States
House of Representatives, the Committee on ments with an independent external entity leadership in science and technology, the
Commerce, Science, and Transportation of to perform a program evaluation. Secretary of Energy must prioritize funding
the Senate, and other congressional commit- ‘‘(B) CONGRESS.—The Secretary shall sub- for critical fundamental research infrastruc-
tees determined appropriate by the Sec- mit the program evaluations performed ture and for basic research and development
retary. under subparagraph (A) to the Committee on activities carried out through the Office of
(2) CLIMATE CHANGE MITIGATION EFFORTS.— Science, Space, and Technology of the House Science.
The term ‘‘climate change mitigation ef- of Representatives and the Committee on AMENDMENT NO. 54 OFFERED BY MS. MUCARSEL-
forts’’ means efforts, including the use of Energy and Natural Resources of the Senate. POWELL OF FLORIDA
technologies, materials, processes, or prac- ‘‘(5) DEFINITIONS.—In this subsection: Page 475, after line 13, insert the following:
tices, that contribute to the reduction of ‘‘(A) LOW-DOSE RADIATION.—The term ‘low- ‘‘(g) UNDERGROUND TRANSMISSION AND DIS-
greenhouse gas emissions. dose radiation’ means a radiation dose of less TRIBUTION LINES.—In carrying out the pro-
AMENDMENT NO. 47 OFFERED BY MR. LIPINSKI OF than 100 millisieverts. gram under subsection (a), the Secretary
ILLINOIS ‘‘(B) LOW DOSE-RATE RADIATION.—The term shall support research and development on
Page 9, after the item relating to item sec- ‘low dose-rate radiation’ means a radiation underground transmission and distribution
tion 12606, add the following: dose rate of less than 5 millisieverts per lines. This shall include research on—
Sec. 12607. Low-Dose-Radiation Research hour. ‘‘(1) methods for lowering the costs of un-
At the end of subtitle F of title XII, add ‘‘(6) RULE OF CONSTRUCTION.—Nothing in derground transmission and distribution
the following: this subsection shall be construed to subject lines, including through novel installation
SEC. 12607. LOW-DOSE-RADIATION RESEARCH. any research carried out by the Secretary for techniques and materials considerations;
Section 306(c) of the Department of Energy the program under this subsection to any ‘‘(2) techniques to improve the lifespan of
Research and Innovation Act (42 U.S.C. limitations described in section 977(e) of the underground transmission and distribution
18644(c)) is amended to read as follows: Energy Policy Act of 2005 (42 U.S.C. 16317(e)). lines;
‘‘(c) LOW-DOSE-RADIATION RESEARCH PRO- ‘‘(7) FUNDING.—There are authorized to be ‘‘(3) wireless sensors to improve safety of
GRAM.— appropriated to the Secretary to carry out underground transmission and distribution
‘‘(1) IN GENERAL.—The Secretary shall the program under this subsection— lines and to predict, identify, detect, and
carry out a research program on low-dose ‘‘(A) $20,000,000 for fiscal year 2021; transmit information about degradation and
and low dose-rate radiation to— ‘‘(B) $30,000,000 for fiscal year 2022; faults; and
‘‘(A) enhance the scientific understanding ‘‘(C) $40,000,000 for fiscal year 2023; and ‘‘(4) methods for improving the resilience
of, and reduce uncertainties associated with, ‘‘(D) $50,000,000 for fiscal year 2024.’’. and reliability of underground transmission
the effects of exposure to low-dose and low AMENDMENT NO. 49 OFFERED BY MR. and distribution lines, including by miti-
dose-rate radiation; and LOWENTHAL OF CALIFORNIA gating the impact of flooding, storm surge,
‘‘(B) inform improved risk-assessment and and seasonal climate cycles on degradation
Page 894, after line 15, add the following:
risk-management methods with respect to of and damage to underground transmission
SEC. 12607. ONLINE PUBLICATION OF GREEN-
such radiation. HOUSE GAS EMISSIONS.
and distribution lines.’’.
Page 475, line 14, strike ‘‘(g)’’ and insert
‘‘(2) PROGRAM COMPONENTS.—In carrying (a) IN GENERAL.—The Secretary of the In- ‘‘(h)’’.
out the program required under paragraph terior shall make freely available on a public Page 476, line 1, strike ‘‘(h)’’ and insert
(1), the Secretary shall— website, with respect to the previous year— ‘‘(i)’’.
‘‘(A) support and carry out the directives (1) information that describes for each fos- Page 476, line 4, strike ‘‘(i)’’ and insert
under section 106 of the American Innovation sil fuel operation that is subject to the min- ‘‘(j)’’.
and Competitiveness Act (42 U.S.C. 6601 eral leasing laws or title III or V of the Fed- AMENDMENT NO. 64 OFFERED BY MR.
note), with respect to low dose and low-dose eral Land Policy and Management Act of PERLMUTTER OF COLORADO
rate radiation research, in coordination with 1976 (30 U.S.C. 1761 et seq.), regardless of size, Page 188, beginning on line 11, strike ‘‘di-
the Physical Science Subcommittee of the including production, storage, gathering, rect use for heating or cooling’’ and insert
National Science and Technology Council; processing, transportation, and handling op- ‘‘consumption’’.
‘‘(B) identify and, to the extent possible, erations— Page 188, beginning on line 15, strike ‘‘grid-
quantify, potential monetary and health-re- (A) the aggregate amount of each fossil enabled water heaters’’ and insert ‘‘grid-en-
lated impacts to Federal agencies, the gen- fuel, by type and by State, produced on Fed- abled water heaters, building heaters or cool-
eral public, industry, research communities, eral leases; and ers, electric vehicles, mini-pumped hydro-
and other users of information produced by (B) for gas reported, the portion and source electric facilities, electrolysis processes that
such research program; of such amount that was released or disposed make hydrogen for transportation or indus-
‘‘(C) leverage the collective body of knowl- of by each of venting, flaring, and fugitive trial needs, or any other load shaping mecha-
edge from prior and existing low-dose and release; and nism that includes energy storage’’.
low dose-rate radiation research; (2) information that describes the amount Page 467, beginning on line 17, strike ‘‘di-
‘‘(D) engage with other Federal agencies, and sources of energy, in delivered megawatt rect use for heating or cooling’’ and insert
research communities, and potential users of hours, produced from operating solar, wind, ‘‘consumption’’.
information produced under this section, in- and geothermal projects on public lands Page 467, beginning on line 21, strike ‘‘grid-
cluding institutions performing or utilizing under lease for the production of renewable enabled water heaters’’ and insert ‘‘grid-en-
radiation research, medical physics, radi- energy. abled water heaters, building heaters or cool-
ology, health physics, and emergency re- (b) FORMAT.—Information made available ers, electric vehicles, mini-pumped hydro-
sponse measures; and under this section shall be presented in a for- electric facilities, electrolysis processes that
‘‘(E) support education and outreach ac- mat that— make hydrogen for transportation or indus-
tivities to disseminate information and pro- (1) translates such amounts and portions trial needs, or any other load shaping mecha-
mote public understanding of low-dose radi- into emissions of metric tons of greenhouse nism that includes energy storage’’.
ation, with a focus on non-emergency situa- gases expressed in carbon dioxide equivalent AMENDMENT NO. 69 OFFERED BY MS. PINGREE OF
tions such as medical physics, space explo- using both the 20-year and 100-year Global MAINE
ration, and naturally occurring radiation. Warming Potential-weighted emission val- Page 243, lines 17 through 22, amend para-
‘‘(3) RESEARCH PLAN.— ues; graph (3) to read as follows:
dlhill on DSK120RN23PROD with HOUSE
‘‘(A) NATIONAL ACADEMY OF SCIENCES.—Not (2) for energy produced from solar, wind, (3) To reduce the cost and risk of siting,
later than 90 days after the date of enact- and geothermal projects, includes an esti- permitting, construction, operation, mainte-
ment of this Act, the Secretary shall enter mate of the net emissions that would result nance, and decommissioning of wind energy
into an agreement with the National Acad- from production of the same amount of en- systems, including strategies and tech-
emy of Sciences to develop a long-term stra- ergy from new fossil fuel-fired facilities; and nologies to reduce environmental and com-
tegic and prioritized research agenda for the (3) can be downloaded in a machine read- munity impacts, including research and de-
program described in paragraph (2); able format. velopment that reduces impacts on existing
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September 24, 2020 CONGRESSIONAL RECORD — HOUSE H4903
ocean uses and increases coordination be- ‘‘(g) CERTIFICATION.—Not later than Octo- AMENDMENT NO. 80 OFFERED BY MR. SHERRILL
tween offshore wind and existing users, in- ber 1 of each fiscal year, the Administrator, OF NEW JERSEY
cluding the commercial fishing industry, im- acting through the Commissioner, shall cer- Page 252, line 3, insert ‘‘(including for air
prove grid integration, and reduce regu- tify to Congress that the Administrator uses traffic control, air defense, and weather de-
latory barriers. the design guide developed pursuant to sub- tection)’’ after ‘‘radar systems’’.
AMENDMENT NO. 72 OFFERED BY MR. QUIGLEY OF section (b) for each public building described AMENDMENT NO. 81 OFFERED BY MS. STEVENS OF
ILLINOIS in subsection (a). MICHIGAN
Page 894, after line 15, insert the following: ‘‘(h) REPORT.—Not later than October 1 of
Page 593, after line 17, insert the following:
SEC. 12607. USE OF BIRD-SAFE FEATURES, PRAC- each fiscal year, the Administrator shall
TICES, AND STRATEGIES IN PUBLIC submit to Congress a report that includes— Subtitle G—Research and Development
BUILDINGS. ‘‘(1) the certification under subsection (g); SEC. 6701. DEFINITIONS.
(a) IN GENERAL.—Chapter 33 of title 40, and In this subtitle:
United States Code, is amended by adding at ‘‘(2) to the extent practicable, the number (1) ALTERNATIVE FUEL.—The term ‘‘alter-
the end the following: of each such bird fatality that occurred as a native fuel’’ means a fuel that is sustainably
‘‘§ 3319. Use of bird-safe features, practices, result of a collision with the public buildings produced and, or, that results in a signifi-
and strategies in public buildings occupied by the respective head of each Fed- cant reduction in carbon dioxide (CO2) emis-
eral agency.’’. sions, or other particulate or toxic emis-
‘‘(a) CONSTRUCTION, ALTERATION, AND AC-
QUISITION OF PUBLIC BUILDINGS.—The Admin-
(b) CLERICAL AMENDMENT.—The table of sions, over the lifecycle of such fuel.
istrator of General Services shall incor- sections at the beginning of chapter 33 of (2) DEPARTMENT.—The term ‘‘Department’’
porate, to the extent practicable, features, title 40, United States Code, is amended by means the Department of Energy.
practices, and strategies to reduce bird fatal- adding at the end the following new item: (3) SECRETARY.—The term ‘‘Secretary’’
ity resulting from collisions with public ‘‘3319. Use of bird-safe features, practices, means the Secretary of Energy.
buildings for each public building— and strategies in public build- SEC. 6702. VEHICLE RESEARCH AND DEVELOP-
ings.’’. MENT.
‘‘(1) constructed;
‘‘(2) acquired; or AMENDMENT NO. 77 OFFERED BY MR.
(a) IN GENERAL.—The Secretary shall con-
‘‘(3) of which more than 50 percent of the SCHWEIKERT OF ARIZONA
duct a program of research, development,
facade is substantially altered (in the opin- and demonstration activities on more effi-
At the end of subtitle A of title III, add the cient and sustainable materials, tech-
ion of the Commissioner of Public Build- following:
ings). nologies, and processes with the potential to
‘‘(b) DESIGN GUIDE.—The Administrator SEC. 3115. STUDY ON BLUE HYDROGEN TECH- substantially reduce or eliminate petroleum
NOLOGY. from the manufacture, use, and the emis-
shall develop a design guide to carry out sub-
section (a) that includes the following: (a) STUDY.—The Secretary of Energy shall sions of the passenger and commercial vehi-
‘‘(1) Features for reducing bird fatality re- conduct a study to examine opportunities for cles with lower cost of vehicle manufac-
sulting from collisions with public buildings research and development in integrating turing and ownership, including activities in
throughout all construction phases, taking blue hydrogen technology in the industrial the areas of—
into account the number of each such bird power sector and how that could enhance the (1) electrification of vehicle systems; in-
fatality that occurs at different types of pub- deployment and adoption of carbon capture cluding compact and efficient electric
lic buildings. and storage. drivetrain systems;
‘‘(2) Methods and strategies for reducing (b) REPORT.—Not later than 1 year after (2) power electronics, electric machines,
bird fatality resulting from collisions with the date of enactment of this Act, the Sec- and electric machine drive systems, includ-
public buildings during the operation and retary of Energy shall submit to the Com- ing—
maintenance of such buildings, including in- mittee on Energy and Natural Resources of (A) electronic motors, including advanced
stalling interior, exterior, and site lighting. the Senate and the Committee on Science, inverters and motors that can be used for
‘‘(3) Best practices for reducing bird fatal- Space, and Technology of the House of Rep- passenger vehicles and commercial vehicles;
ity resulting from collisions with public resentatives a report that describes the re- (B) magnetic materials, including perma-
buildings, including— sults of the study under subsection (a). nent magnets with reduced or no critical ma-
‘‘(A) a description of the reasons for adopt- terials;
AMENDMENT NO. 78 OFFERED BY MR. SCOTT OF
ing such practices; and (C) improving partial load efficiency;
VIRGINIA
‘‘(B) an explanation for the omission of a (D) design of power electronics and electric
Page 247, line 23, redesignate paragraph (11) motor technologies that enable efficient re-
best practice identified pursuant to sub-
as paragraph (12). cycling of critical materials; and
section (c).
‘‘(c) IDENTIFYING BEST PRACTICES.—To Page 247, line 23, insert the following: (E) other technically feasible areas for
carry out subsection (b)(3), the Adminis- (11) Modeling and simulation tools to more power electronics and electric machine ad-
trator may identify best practices for reduc- efficiently design, site, permit, manufacture, vances.
ing bird fatality resulting from collisions construct, operate, maintain, and decommis- (3) vehicle batteries and relevant systems,
with public buildings, including best prac- sion wind energy systems. including—
tices recommended by— AMENDMENT NO. 79 OFFERED BY MR. SCOTT OF (A) advanced batteries systems,
‘‘(1) Federal agencies with expertise in bird VIRGINIA ultracapacitors, and other competitive en-
conservation; ergy storage devices;
Page 242, after line 13, insert the following:
‘‘(2) nongovernmental organizations with (B) the development of common inter-
(2) The term ‘‘energy critical material’’
expertise in bird conservation; and connection protocols, specifications, and ar-
means any of a class of non-fuel materials
‘‘(3) representatives of green building cer- chitecture for both transportation and sta-
that have a high risk of a supply disruption
tification systems. tionary battery applications;
and are critical to one or more existing or
‘‘(d) DISSEMINATION OF DESIGN GUIDE.—The (C) improving energy density and capacity,
new, energy-related technologies such that a
Administrator shall disseminate the design recharging robustness, extreme fast charging
substantial supply disruption of such mate-
guide developed pursuant to subsection (b) to and wireless charging capabilities, and effi-
rial would significantly inhibit large-scale
all Federal agencies, subagencies, and de- ciencies to lower cost;
deployment of technologies that produce,
partments with independent leasing author- (D) thermal management of battery sys-
transmit, store, or conserve energy.
ity from the Administrator. tems;
‘‘(e) UPDATE TO DESIGN GUIDE.—The Ad- Page 242, lines 14, 18, and 21, redesignate (E) improving efficient use, substitution,
ministrator shall, on a regular basis, update paragraphs (2), (3), and (4), as paragraphs (3), and recycling of potentially critical mate-
the design guide developed pursuant to sub- (4), and (5), respectively. rials in vehicles, including rare earth ele-
section (b) with respect to the priorities of Page 246, line 7, strike the semicolon at the ments and precious metals, at risk of supply
the Administrator for reducing bird fatality end disruption; and
resulting from collisions with public build- * Page 246, line 8, strike the period at the (F) advanced battery protection systems
ings. end and insert ‘‘; and’’. for safe handling of high voltage power;
‘‘(f) EXEMPT BUILDINGS.—This section shall Page 246, after line 8, insert the following: (4) vehicle, component, and subsystem
not apply to— (H) materials and designs that reduce the manufacturing technologies and processes;
‘‘(1) any building or site listed, or eligible need for and use of energy critical materials. (5) vehicle systems and components, in-
for listing, on the National Register of His- Page 247, line 4, subparagraph (4) is amend- cluding—
dlhill on DSK120RN23PROD with HOUSE
toric Places; ed to read as follows: (A) engine efficiency and combustion opti-
‘‘(2) the White House and the grounds of (4) Recycling and reuse of wind energy mization;
the White House; components, with special consideration for (B) waste heat recovery;
‘‘(3) the Supreme Court building and the the recovery and reuse of energy critical ma- (C) transmission and drivetrains;
grounds of the Supreme Court; or terials, in coordination with the program (D) advanced boosting systems;
‘‘(4) the United States Capitol and any under Title X of the Clean Economy Jobs (E) idle reduction systems and compo-
building on the grounds of the Capitol. and Innovation Act. nents;
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H4904 CONGRESSIONAL RECORD — HOUSE September 24, 2020
(F) innovative propulsion systems; and (E) infrastructure advancements and link- mittee shall be composed of not fewer than
(G) vehicle fuel cells and relevant systems; age with vehicle-to-everything, 15 members, including representatives of re-
(6) hybrid and alternative fuel vehicles, in- (F) quantification of technology, policy, search and academic institutions, environ-
cluding— and investment decisions on mobility, ac- mental organizations, industry, and non-
(A) vehicle fuel cells and relevant systems, cess, equity, and the environment; and governmental entities, who are qualified to
including power electronics systems to regu- (G) overall system optimization; provide advice on the research, development,
late the fuel cell voltages; (16) aligned industry standards for stra- and demonstration activities under this Act
(B) synthetic fuels from recycled CO2 and tegic lightweight materials; (in this section referred to as the DOE Vehi-
net-zero carbon liquid fuels; and (17) energy efficient advanced computing cle Program).
(C) advanced biofuel technologies; systems, technology, and networking for ve- (2) ASSESSMENT.—The advisory committee
(7) aftertreatment technologies, aero- hicular on-board, off-board, and edge com- shall assess—
dynamics, rolling resistance (including tires puting applications; (A) the current state of United States com-
and wheel assemblies), accessory power loads (18) identifying strategies to mitigate the petitiveness in advancing vehicle tech-
of vehicles and associated equipment, fric- long-term ramification of vehicle and mobil- nologies and mobility systems, including—
tion and wear reduction, and lubricants for ity technology research, development, and (i) the scope and scale of United States in-
hybrid and electric vehicles; demonstration stemming from events such vestments in sustainable transportation re-
(8) vehicle weight reduction, including— as economic downturns; and search, development, demonstration, and
(A) more sustainable and cost-effective (19) other innovative technologies research (ii) research, development, and demonstra-
and development as determined by the Sec- tion activities to lower vehicle and fuel
lightweighting materials; and
retary. lifecycle emissions;
(B) the development of higher efficiency (b) SECURITY OF ON-ROAD TRANSPOR- (B) progress made in implementing the
manufacturing processes to make sustain- TATION.— DOE Vehicle Program, including progress of
able lightweight materials and fabricate, as- (1) IN GENERAL.—The Secretary, in coordi- research activities to lower vehicle emis-
semble, and use dissimilar materials, includ- nation with other relevant Federal agencies, sions, considering emissions at each stage of
ing— shall establish a research and development the vehicle and fuel lifecycle;
(i) lightweighted systems which combine program focused on the cyber and physical (C) the need to revise the DOE Vehicle Pro-
several existing vehicle components; and security of interconnections between vehi- gram;
(ii) voluntary, consensus-based standards cles, charging equipment, buildings, and the (D) the balance of activities and funding
for strategic lightweight materials; grid for plug-in electric vehicles, connected across the DOE Vehicle Program;
(9) improved vehicle recycling methods to vehicles, and autonomous vehicles, including (E) the management, coordination, imple-
increase the recycled material content of the security impacts, efficiency, and safety mentation, and activities of the DOE Vehicle
feedstocks used in raw material manufac- of plug-in electric vehicles using alternating Program;
turing; current charging, high-power direct current (F) whether environmental, safety, secu-
(10) vehicle propulsion systems, includ- fast charging, and extreme fast charging, de- rity, and other appropriate societal issues
ing— fined as charge rates of 350kW and above. are adequately addressed by the DOE Vehicle
(A) engine and component durability; (2) ASSESSMENT.—The Secretary shall de- Technologies Program; and
(B) engine down speeding; velop an assessment of emergent cybersecu- (G) other relevant topics as decided by the
(C) engine compatibility with and optimi- rity threats and vulnerabilities to the United Secretary.
zation for a variety of transportation fuels, States on-road transportation system and (3) REPORTS.—Not later than 2 years after
including biofuels, synthetic fuels, and other connected infrastructure with 5- to 10-year the date of enactment of this Act, and not
liquid and gaseous fuels; impact by identifying areas of research less frequently than once every 3 years
(D) advanced internal combustion engines; where Federal cross-agency research coordi- thereafter, the advisory committee shall
(E) transmission gear and engine operation nation and cooperation will help address submit to the Secretary, the Committee on
matching; and such threats and vulnerabilities. Science, Space, and Technology of the House
(F) advanced transmission technologies; (3) REPORT.—Not later than 180 days after of Representatives a report on—
(11) predictive engineering, modeling, and the date of enactment of this Act, the Sec- (A) the findings of the advisory commit-
simulation of components, vehicle and trans- retary shall submit to the Committee on tee’s assessment under paragraph (1); and
portation systems; Science, Space, and Technology of the House (B) the advisory committee’s recommenda-
(12) leveraging automation in both vehicle of Representatives, and the Committee on tions for ways to improve the DOE Vehicle
and infrastructure systems; Energy and Natural Resources of the Senate Program.
(13) infrastructure, including— a report summarizing the current research (4) APPLICATION OF FEDERAL ADVISORY COM-
(A) refueling and charging infrastructure and challenges associated with cyber-phys- MITTEE ACT.—Section 14 of the Federal Advi-
for alternative fueled and electric drive or ical protection and resiliency of electric and sory Committee Act (5 U.S.C. App.) shall not
plug-in electric hybrid vehicles, including connected and automated vehicle tech- apply to the Advisory Committee.
the unique challenges facing rural areas; nologies. (e) INTERAGENCY AND INTRAAGENCY COORDI-
(B) extreme fast wired and wireless charg- (c) VEHICLE ENERGY STORAGE SYSTEM NATION.—To the maximum extent prac-
ing systems; SAFETY.— ticable, the Secretary shall coordinate re-
(C) integration, bidirectional capability, (1) IN GENERAL.—The Secretary shall sup- search, development, and demonstration ac-
and operational optimization of vehicle elec- port a program of research, development, tivities among—
trification for light, medium, and heavy duty and demonstration of vehicle energy storage (1) relevant programs within the Depart-
with the charging infrastructure and the safety and reliability. ment, including—
grid; and (2) ACTIVITIES.—In carrying out this sec- (A) the Office of Energy Efficiency and Re-
(D) sensing, communications, and actu- tion, the Secretary shall support activities newable Energy;
ation technologies for vehicle, electric grid, to— (B) the Office of Science;
and infrastructure, including— (A) research the mechanisms that lead to (C) the Office of Electricity;
(i) communication and connectivity among vehicle energy storage system safety and re- (D) the Office of Fossil Energy;
vehicles, infrastructure, and the electrical liability incidents; (E) the Office of Cybersecurity, Energy Se-
grid; and (B) develop new materials to improve over- curity, and Emergency Response;
(ii) vehicle-to-vehicle, vehicle-to-pedes- all vehicle energy storage system safety and (F) the Advanced Research Projects Agen-
trian, vehicle-to-cloud, and vehicle-to-infra- abuse tolerance; cy—Energy; and
structure technologies; (C) perform abuse testing; (G) other offices as determined by the Sec-
(14) retrofitting advanced vehicle tech- (D) advance testing techniques; retary; and
nologies to existing vehicles; (E) demonstrate detailed failure analyses; (2) relevant technology research and devel-
(15) transportation system analysis to fur- (F) develop strategies to mitigate vehicle opment programs within other Federal agen-
ther understand the energy implications and energy storage cell and system failures; and cies, including—
opportunities of advanced mobility solu- (G) development of crush-induced battery (A) the Department of Transportation;
tions, including— safety protocols and standards to improve (B) National Institute of Standards &
(A) advanced vehicle technologies, includ- robustness. Technology;
ing automation; (d) VEHICLE TECHNOLOGIES ADVISORY COM- (C) National Science Foundation; and
(B) new mobility business models, real MITTEE.— (D) other Federal agencies as determined
time information, transit, and micro mobil- (1) IN GENERAL.—Not later than 180 days by the Secretary.
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ity choices; after the date of enactment of this Act, the (f) INTERGOVERNMENTAL COORDINATION.—
(C) consumer travel decisions and e-com- Secretary shall establish the Advanced Vehi- The Secretary shall seek opportunities to le-
merce engagement, including travel behavior cle Technologies Advisory Committee (in verage resources and support initiatives of
and potential strategies for reducing vehicle this section referred to as the ‘‘advisory Federal, State, and local governments in de-
miles traveled to reduce emissions; committee’’) to advise the Secretary on ve- veloping and promoting advanced vehicle
(D) goods movement and delivery inter- hicle technology and mobility system re- technologies, manufacturing, and infrastruc-
actions, including with car transport; search advancements. The advisory com- ture.
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September 24, 2020 CONGRESSIONAL RECORD — HOUSE H4905
(g) SECONDARY USE APPLICATIONS OF VEHI- of this Act, submit to the House Committee Secretary to regulate oil and gas activities
CLE BATTERIES.— on Science, Space and Technology, and the on Federal land and Indian lands, that estab-
(1) IN GENERAL.—The Secretary shall carry Senate Committee on Energy and Natural lish requirements for reducing and pre-
out a research, development, and demonstra- Resources a report on the results of the venting the waste of gas, including by vent-
tion program that— study conducted pursuant to such sub- ing, flaring, and fugitive releases, from cov-
(A) builds on any work carried out under section. ered operations.
section 915 of the Energy Policy Act of 2005 SEC. 6703. RESEARCH AND DEVELOPMENT PRO- ‘‘(2) CONTENT OF REGULATIONS.—The regula-
(42 U.S.C. 16195); GRAM FOR ADVANCED VEHICLE tions shall, with respect to covered oper-
(B) identifies possible uses of a vehicle bat- MANUFACTURING TECHNOLOGIES. ations—
tery after the useful life of the battery in a The Secretary shall carry out a research, ‘‘(A) require that, beginning not later than
vehicle has been exhausted; development, and demonstration program of 3 years after the date of enactment of this
(C) conducts long-term testing to verify advanced vehicle manufacturing tech- section, each operator captures at least 85
performance and degradation predictions and nologies and practices, including innovative, percent of all gas produced in each year from
lifetime valuations for secondary uses; efficient, and sustainable processes— each onshore well that is subject to a min-
(D) evaluates innovative approaches to re- (1) to increase the production rate and de- eral leasing law;
cycling materials from plug-in electric drive crease the cost of advanced battery and fuel ‘‘(B) require that, beginning not later than
vehicles and the batteries used in plug-in cell manufacturing, including synthesis of 5 years after the date of enactment of this
electric drive vehicles; precursor materials for electrodes; section, each operator captures at least 99
(E) assesses the potential for markets for (2) to develop technologies enabling flexi- percent of all gas produced in each year from
uses described in subparagraph (B) to de- ble manufacturing facilities that can accom- each onshore well that is subject to a min-
velop; and modate different battery chemistries and eral leasing law;
(F) identifies any barriers to the develop- configurations; ‘‘(C) require flaring of gas, rather than
ment of those markets; (3) to reduce or repurpose waste streams, venting, in all instances in which gas is not
(G) identifies the potential uses of a vehi- reduce emissions, and energy intensity of ve- captured;
cle battery— hicle, engine, advanced battery, and compo- ‘‘(D) require that every application for a
(i) with the most promise for market devel- nent manufacturing processes; permit to drill a production well—
opment; and (4) to recycle and remanufacture used bat- ‘‘(i) demonstrate sufficient infrastructure
(ii) for which market development would teries and other vehicle components for and capacity is in place to capture the ex-
be aided by a demonstration project. reuse in vehicles or other applications; pected quantity of produced gas from the
(2) REPORT.—Not later than 18 months (5) to develop manufacturing and additive well; and
after the date of enactment of this Act, the manufacturing processes to fabricate, assem- ‘‘(ii) be published with an opportunity for a
Secretary shall submit to the appropriate ble, and produce cost-effective lightweight public comment period of at least 30 days;
committees of Congress an initial report on materials with enhanced functionality such ‘‘(E) beginning not later than 2 years after
the findings of the program described in as advanced aluminum, steel, and other the date of enactment of this section, pro-
paragraph (1), including recommendations metal alloys, advanced polymers, polymeric hibit all new and refractured production
for stationary energy storage and other po- composites, and carbon fiber for use in vehi- wells from flaring;
tential applications for batteries used in cles and related tooling; ‘‘(F) require the operator of any covered
plug-in electric drive vehicles. (6) to leverage the use of machine learning operation that routinely flares gas before the
(3) SECONDARY USE DEMONSTRATION.— toward manufacturing and additive manu- effective date of a regulation prohibiting
(A) IN GENERAL.—Based on the results of facturing optimization; flaring issued pursuant to subparagraph (E)
the program described in paragraph (1), the (7) to design and manufacture purpose- to submit a gas capture plan to the Sec-
Secretary shall develop guidelines for built hydrogen fuel cell vehicles, hydrogen retary not later than 180 days before such ef-
projects that demonstrate the secondary fective date that ensures that such operator
fueling infrastructure, and components;
uses and innovative recycling of vehicle bat- will meet the requirements described in sub-
(8) to improve the lifetime and reduce the
teries. paragraphs (A) and (B);
lifecycle impacts of advanced batteries; and
(B) PUBLICATION OF GUIDELINES.—Not later ‘‘(G) set performance standards for newly
(9) to reuse valuable components and mate-
than 18 months after the date of enactment installed equipment based on modern equip-
rials such as permanent magnets and other
of this Act, the Secretary shall— ment that minimize gas loss from—
electric drive components for advanced vehi-
(i) publish the guidelines described in sub- ‘‘(i) storage tanks;
cles.
paragraph (A); and ‘‘(ii) dehydrators;
SEC. 6704. AUTHORIZATION OF APPROPRIATIONS.
(ii) solicit applications for funding for ‘‘(iii) compressors;
demonstration projects. There are authorized to be appropriated to ‘‘(iv) open-ended valves or lines;
(5) PILOT DEMONSTRATION PROGRAM.—Not the Secretary for research, development, and ‘‘(v) pumps; and
later than 2 years after the date of enact- demonstration, of alternative fuels, vehicle ‘‘(vi) such other equipment as the Sec-
ment of this Act, the Secretary shall select propulsion systems, vehicle components, and retary determines appropriate to reduce and
proposals for Federal financial assistance other related technologies in the United prevent gas release;
under this subsection, based on an assess- States, including activities authorized under ‘‘(H) require that operators replace exist-
ment of which proposals are mostly likely to this subtitle— ing equipment within one year of the publi-
contribute to the development of a sec- (1) for fiscal year 2021, $396,000,000; cation date of performance standards estab-
ondary market for vehicle batteries. (2) for fiscal year 2022, $415,800,000; lished under subsection (G);
(h) STUDY TO EXAMINE BATTERY SCIENCE (3) for fiscal year 2023, $436,590,000; ‘‘(I) require the replacement of all high-
AND TECHNOLOGY PATHWAYS.— (4) for fiscal year 2024, $458,419,500; and bleed gas-actuated pneumatic devices with
(1) IN GENERAL.—The Secretary shall enter (5) for fiscal year 2025, $481,340,475. low-bleed or no-bleed devices not later than
into an agreement with the National Acad- AMENDMENT NO. 94 OFFERED BY MS. DEGETTE 180 days after the date of issuance of the reg-
emies of Sciences, Engineering, and Medicine OF COLORADO ulation enacted under subparagraph (A);
under which the National Academies agree At the end of subtitle F of title XII, add ‘‘(J) set performance standards based on
to conduct a study on battery technologies the following: modern procedures and equipment that mini-
to advance research toward a resilient and SEC. ll. GAS WASTE REDUCTION AND EN- mize gas loss from—
low-carbon transportation system and elec- HANCEMENT OF GAS MEASURING ‘‘(i) downhole maintenance;
tric grid. Such study shall— AND REPORTING. ‘‘(ii) liquids unloading;
(A) identify promising battery tech- (a) IN GENERAL.—Title I of the Federal Oil ‘‘(iii) well completion; and
nologies; and Gas Royalty Management Act of 1982 (30 ‘‘(iv) such other procedures as the Sec-
(B) recommend research priorities to sup- U.S.C. 1711 et seq.) is amended by adding at retary determines appropriate to reduce and
port the development of sustainable battery the end the following: prevent gas release;
value chains, including analyzing human ‘‘SEC. 118. GAS WASTE REDUCTION AND EN- ‘‘(K) require all operators to have leak de-
rights, environmental impacts, and recycling HANCEMENT OF GAS MEASURING tection programs with regularly scheduled
and reuse infrastructure; AND REPORTING. inspections that assess the entire covered op-
(C) examine market, policy, and tech- ‘‘(a) REGULATIONS FOR PREVENTING AND RE- eration using an infrared camera or other
nology barriers to their development; and DUCING WASTE OF GAS VIA VENTING, FLARING, equipment with methods that provide overall
(D) recommend strategic research prior- AND FUGITIVE RELEASES.— at least equivalent sensitivity and effective-
ities on technology pathways to develop af- ‘‘(1) REQUIREMENT TO ISSUE REGULATIONS.— ness in detecting leaks on a timely basis;
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fordable, sustainable, safe, efficient, and Not later than 2 years after the date of en- ‘‘(L) require any leaks found to be repaired
long-lasting batteries to meet future trans- actment of this section, the Secretary shall promptly, and in any case not later than 4
portation and energy storage demands. issue regulations pursuant to the Secretary’s weeks after the discovery of the leak, except
(2) REPORT.—The agreement entered into authority under the Mineral Leasing Act, where exceptional circumstances warrant an
under subsection (a) shall include a require- the Federal Land Policy and Management extension of not more than 8 additional
ment that the National Academies, not later Act of 1976, the Indian Mineral Leasing Act weeks; and
than 24 months after the date of enactment of 1938, and other statutes authorizing the ‘‘(M) require recordkeeping for—
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H4906 CONGRESSIONAL RECORD — HOUSE September 24, 2020
‘‘(i) equipment maintenance; ‘‘(iii) in the case of monetary penalties, be (2) issue regulations described in the report
‘‘(ii) leak detection and repair; proportional to market conditions. required by paragraph (1)(B) not later than 1
‘‘(iii) venting events; ‘‘(e) DEFINITIONS.—In this section: year after the date of the submission of the
‘‘(iv) flaring events; and ‘‘(1) CAPTURE.—The term ‘capture’ means report.
‘‘(v) such other operations as the Secretary the physical containment of natural gas for AMENDMENT NO. 98 OFFERED BY MR. LUJÁN OF
determines appropriate to reduce and pre- transportation to market or productive use NEW MEXICO
vent gas release. of natural gas, and includes reinjection and
‘‘(b) GAS MEASURING, REPORTING, AND Add at the end of title VIII the following:
royalty-free on-site uses.
TRANSPARENCY REQUIREMENTS.— ‘‘(2) COVERED OPERATIONS.—The term ‘cov- Subtitle D—Increasing and Mobilizing Part-
‘‘(1) IN GENERAL.—The Secretary shall, not ered operations’ means all oil and gas oper- nerships to Achieve Commercialization of
later than one year after the date of enact- ations that are subject to mineral leasing Technologies for Energy
ment of this section, issue regulations re- law or title V of the Federal Land Policy and SEC. 8401. SHORT TITLE.
quiring each operator to measure and report, Management Act of 1976 (30 U.S.C. 1761 et This subtitle may be cited as the ‘‘Increas-
with respect to all gas subject to the mineral seq.), regardless of size, including produc- ing and Mobilizing Partnerships to Achieve
leasing laws, all such gas produced, con- tion, storage, gathering, processing, and han- Commercialization of Technologies for En-
sumed on site, or lost through venting, flar- dling operations. ergy Act’’ or the ‘‘IMPACT for Energy Act’’.
ing, or fugitive releases. ‘‘(3) FLARE AND FLARING.—The terms ‘flare’ SEC. 8402. DEFINITIONS.
‘‘(2) MEASURING AND REPORTING REQUIRE- and ‘flaring’ mean the intentional and con- In this subtitle:
MENTS.—To account for all gas referred to in trolled burning of gas that occurs in the (1) BOARD.—The term ‘‘Board’’ means the
paragraph (1), the Secretary shall issue regu- course of oil and gas operations to limit re- Board of Directors described in section
lations requiring each operator to— lease of gas to the atmosphere. 8403(b)(1).
‘‘(A) measure all production and disposi- ‘‘(4) FUGITIVE RELEASE.—The term ‘fugitive
tion of gas with such accuracy that fugitive (2) DEPARTMENT.—The term ‘‘Department’’
release’ means the unintentional and uncon- means the Department of Energy.
gas releases can be calculated; trolled release of gas into the atmosphere in
‘‘(B) install metering devices to measure (3) EXECUTIVE DIRECTOR.—The term ‘‘Exec-
the course of oil and gas operations. utive Director’’ means the Executive Direc-
all flared gas; and ‘‘(5) GAS CAPTURE PLAN.—The term ‘gas
‘‘(C) report to the Secretary the volumes of tor described in section 8403(e)(1).
capture plan’ means a plan that includes spe- (4) FOUNDATION.—The term ‘‘Foundation’’
gas measured under the requirements de- cific goals, including equipment and
scribed in subparagraph (A), including— means the Energy Technology Commer-
timelines, for capturing, gathering, and proc- cialization Foundation established under
‘‘(i) all new measured values for production essing gas produced under an oil or gas lease.
and disposition, including vented and flared section 8403(a).
‘‘(6) GAS RELEASE.—The term ‘gas release’ (5) NATIONAL LABORATORY.—The term ‘‘Na-
volumes; and includes all gas that is discharged to the at-
‘‘(ii) values for fugitive releases based on tional Laboratory’’ has the meaning given
mosphere via venting or fugitive release. the term in section 2 of the Energy Policy
guidelines for their calculation established ‘‘(7) VENT AND VENTING.—The terms ‘vent’
by the Secretary in such regulations. Act of 2005 (42 U.S.C. 15801).
and ‘venting’ mean the intentional and con- (6) SECRETARY.—The term ‘‘Secretary’’
‘‘(3) TRANSPARENCY.—The Secretary shall trolled release of gas into the atmosphere in
make all new data produced under the re- means the Secretary of Energy.
the course of oil and gas operations.’’. SEC. 8403.ENERGY TECHNOLOGY COMMER-
quirements established by the Secretary (b) CLERICAL AMENDMENT.—The table of
under this subsection, including calculated CIALIZATION FOUNDATION.
contents in section 1 of such Act is amended
fugitive releases and volumes of gas lost to (a) ESTABLISHMENT.—
by inserting after the item relating to sec-
venting and flaring, publicly available (1) IN GENERAL.—Not later than 180 days
tion 117 the following:
through the internet— after the date of enactment of this Act, the
‘‘Sec. 118. Gas waste reduction and enhance- Secretary shall establish a nonprofit cor-
‘‘(A) without a fee or other access charge; ment of gas measuring and re-
‘‘(B) in a searchable, sortable, and poration to be known as the ‘‘Energy Tech-
porting.’’. nology Commercialization Foundation’’.
downloadable manner, to the extent tech- (c) UPDATES.—The Secretary of the Inte-
nically possible; and (2) MISSION.—The mission of the Founda-
rior shall update the regulations required by
‘‘(C) as soon as technically practicable tion shall be—
the amendments made by this section when
after the report by the operator is filed. (A) to support the mission of the Depart-
the Secretary determines appropriate, but no
‘‘(c) APPLICATION.—Except as otherwise ment; and
less frequently than once every ten years, to
specified in this section, the requirements (B) to advance collaboration with energy
reflect new information regarding gas waste,
established by the Secretary under this sec- the impacts of that waste, and the avail- researchers, institutions of higher education,
tion shall apply to— ability of technologies and performance industry, and nonprofit and philanthropic or-
‘‘(1) the construction and operation of any measures to reduce gas waste. ganizations to accelerate the commercializa-
covered operation initiated, including the re- (d) APPLICATION OF PRIOR RULE.—The final tion of energy technologies.
fracturing of existing wells, on or after the rule entitled ‘‘Waste Prevention, Production (3) LIMITATION.—The Foundation shall not
date of the issuance of regulations under this Subject to Royalties, and Resource Con- be an agency or instrumentality of the Fed-
section; and servation’’, as published in the Federal Reg- eral Government.
‘‘(2) after the end of the 1-year period be- ister November 18, 2016 (81 Fed. Reg. 83008), is (4) TAX-EXEMPT STATUS.—The Board shall
ginning on the date of the issuance of such hereby reinstated, and each of its provisions take all necessary and appropriate steps to
regulations, any covered operation initiated shall apply unless and until the effective ensure that the Foundation receives a deter-
before the date of the issuance of such regu- date of a subsequent final rule promulgated mination from the Internal Revenue Service
lations. under the amendment made by subsection that it is an organization that is described in
‘‘(d) ENFORCEMENT MECHANISMS.— (a), or promulgated under another applicable section 501(c) of the Internal Revenue Code
‘‘(1) IN GENERAL.—The Secretary shall in- authority, that replaces or repeals such pro- of 1986, and exempt from taxation under sec-
clude in the regulations issued under this vision. tion 501(a) of such Code.
section consistent enforcement mechanisms (e) ASSESSMENT OF VENTING, FLARING, AND (5) COLLABORATION WITH EXISTING ORGANI-
for covered operations that are not in com- FUGITIVE RELEASES.—Not later than 180 days ZATIONS.—The Secretary may collaborate
pliance with the requirements established by after the end of the 1-year period beginning with 1 or more organizations to establish the
the regulations. on the date the Secretary of the Interior Foundation and carry out the activities of
‘‘(2) REQUIREMENTS.—The Secretary shall first receives data submitted under the re- the Foundation.
include in the enforcement mechanisms de- quirements established under subsection (b) (b) BOARD OF DIRECTORS.—
scribed in paragraph (1)— of section 118 of the Federal Oil and Gas Roy- (1) ESTABLISHMENT.—The Foundation shall
‘‘(A) civil penalties for unauthorized vent- alty Management Act of 1982, as amended by be governed by a Board of Directors.
ing and flaring, which shall— this section, the Secretary shall— (2) COMPOSITION.—
‘‘(i) apply in lieu of the penalties and re- (1) submit a report to Congress describ- (A) IN GENERAL.—The Board shall be com-
lated provisions under section 109; and ing— posed of the members described in subpara-
‘‘(ii) include production restrictions and (A) the volume of fugitive releases, and gas graph (B).
civil monetary penalties equivalent to 3 consumed or lost by venting and flaring, (B) BOARD MEMBERS.—
times the market value of the vented or from covered operations (as those terms are (i) INITIAL MEMBERS.—The Secretary
flared gas; and used in such section); and shall—
‘‘(B) civil penalties that apply to non- (B) additional regulations the Secretary (I) enter into a contract with the National
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compliance with other new or existing proce- considers would help further curtail venting, Academies of Sciences, Engineering, and
dures, which shall— flaring, and fugitive releases, or the rational Medicine to develop a list of individuals to
‘‘(i) apply in addition to or in lieu of the basis for not issuing such additional regula- serve as members of the Board who are well-
penalties and related provisions under sec- tions if the Secretary considers additional qualified and will meet the requirements of
tion 109; regulations would not be appropriate to fur- clauses (ii) and (iii); and
‘‘(ii) include production restrictions or ther curtail venting, flaring, and fugitive re- (II) appoint the initial members of the
monetary penalties, or both; and leases; and Board, in consultation with the National
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September 24, 2020 CONGRESSIONAL RECORD — HOUSE H4907
Academies of Sciences, Engineering, and (C) carry out any other necessary activi- tivities that further the purpose of the Foun-
Medicine, with the requirements of clauses ties of the Foundation; dation described in subsection (c).
(ii) and (iii). (D) evaluate the performance of the Execu- (2) FELLOWSHIPS AND GRANTS.—
(ii) REPRESENTATION.—The members of the tive Director; and (A) IN GENERAL.—The Foundation may
Board shall reflect a broad cross-section of (E) actively solicit and accept funds, gifts, award fellowships and grants for activities
stakeholders from academia, industry, non- grants, devises, or bequests of real or per- relating to research, development, dem-
profit organizations, State or local govern- sonal property to the Foundation, including onstration, maturation, or commercializa-
ments, the investment community, the phil- from private entities. tion of energy and other Department-sup-
anthropic community, and management and (7) BYLAWS.— ported technologies.
operating contractors of the National Lab- (A) IN GENERAL.—The bylaws established (B) FORM OF AWARD.—A fellowship or grant
oratories. under paragraph (6)(A) may include— under subparagraph (A) may consist of a sti-
(iii) EXPERIENCE.—The Secretary shall en- (i) policies for the selection of Board mem- pend, health insurance benefits, funds for
sure that a majority of the members of the bers, officers, employees, agents, and con- travel, and funds for other appropriate ex-
Board— tractors of the Foundation; penses.
(I)(aa) has experience in the energy sector; (ii) policies, including ethical standards, (C) SELECTION.—In selecting a recipient for
(bb) has research experience in the energy for— a fellowship or grant under subparagraph
field; or (I) the acceptance, solicitation, and dis- (A), the Foundation—
(cc) has experience in technology commer- position of donations and grants to the (i) shall make the selection based on the
cialization or foundation operations; and Foundation, including appropriate limits on technical and commercialization merits of
(II) to the extent practicable, represents the ability of donors to designate, by stipula- the proposed project of the potential recipi-
diverse regions and energy sectors. tion or restriction, the use or recipient of do- ent; and
(3) CHAIR AND VICE CHAIR.— nated funds; and (ii) may consult with a potential recipient
(A) IN GENERAL.—The Board shall designate (II) the disposition of assets of the Founda- regarding the ability of the potential recipi-
from among the members of the Board— tion; ent to carry out various projects that would
(i) an individual to serve as Chair of the (iii) policies that subject all employees, further the purpose of the Foundation de-
Board; and fellows, trainees, and other agents of the scribed in subsection (c).
(ii) an individual to serve as Vice Chair of Foundation (including members of the (D) NATIONAL LABORATORIES.—A National
the Board. Board) to conflict of interest standards; and Laboratory that applies for or accepts a
(B) TERMS.—The term of service of the (iv) the specific duties of the Executive Di- grant under subparagraph (A) shall not be
Chair and Vice Chair of the Board shall end rector. considered to be engaging in a competitive
on the earlier of— (B) REQUIREMENTS.—The Board shall en- process.
(i) the date that is 3 years after the date on sure that the bylaws of the Foundation and (3) ACCESSING FACILITIES AND EXPERTISE.—
which the Chair or Vice Chair of the Board, the activities carried out under those bylaws The Foundation may work with the Depart-
as applicable, is designated for the position; shall not— ment—
and (i) reflect unfavorably on the ability of the (A) to leverage the capabilities and facili-
(ii) the last day of the term of service of ties of National Laboratories to commer-
Foundation to carry out activities in a fair
the member, as determined under paragraph cialize technology; and
and objective manner; or
(4)(A), who is designated to be Chair or Vice (B) to assist with resources, including
(ii) compromise, or appear to compromise,
Chair of the Board, as applicable. through the development of internet
the integrity of any governmental agency or
(C) REPRESENTATION.—The Chair and Vice websites that provide information on the ca-
program, or any officer or employee em-
Chair of the Board— pabilities and facilities of each National
ployed by, or involved in, a governmental
(i) shall not be representatives of the same Laboratory relating to the commercializa-
agency or program.
area or entity, as applicable, under para- tion of technology.
(8) COMPENSATION.—
graph (2)(B)(ii); and (4) TRAINING AND EDUCATION.—The Founda-
(A) IN GENERAL.—No member of the Board
(ii) shall not be representatives of any area tion may support programs that provide
shall receive compensation for serving on
or entity, as applicable, represented by the commercialization training to researchers,
immediately preceding Chair and Vice Chair the Board. scientists, and other relevant personnel at
of the Board. (B) CERTAIN EXPENSES.—In accordance with National Laboratories and institutions of
(4) TERMS AND VACANCIES.— the bylaws of the Foundation, members of higher education to help commercialize fed-
(A) TERMS.— the Board may be reimbursed for travel ex- erally funded technology.
(i) IN GENERAL.—Except as provided in penses, including per diem in lieu of subsist- (5) MATURATION FUNDING.—The Foundation
clause (ii), the term of service of each mem- ence, and other necessary expenses incurred shall support programs that provide matura-
ber of the Board shall be 5 years. in carrying out the duties of the Board. tion funding to researchers to advance the
(ii) INITIAL MEMBERS.—Of the initial mem- (c) PURPOSE.—The purpose of the Founda- technology of those researchers for the pur-
bers of the Board appointed under paragraph tion is to increase private and philanthropic pose of moving products from a prototype
(2)(B)(i), half of the members shall serve for sector investments that support efforts to stage to a commercial stage.
4 years and half of the members shall serve create, develop, and commercialize innova- (6) STAKEHOLDER ENGAGEMENT.—The Foun-
for 5 years, as determined by the Chair of the tive technologies that address crosscutting dation shall convene, and may consult with,
Board. national energy challenges by methods that representatives from the Department, insti-
(B) VACANCIES.—Any vacancy in the mem- include— tutions of higher education, National Lab-
bership of the Board— (1) fostering collaboration and partnerships oratories, the private sector, and commer-
(i) shall be filled in accordance with the with researchers from the Federal Govern- cialization organizations to develop pro-
bylaws of the Foundation by an individual ment, State governments, institutions of grams for the purpose of the Foundation de-
capable of representing the same area or en- higher education, federally funded research scribed in subsection (c) and to advance the
tity, as applicable, as represented by the and development centers, industry, and non- activities of the Foundation.
vacating board member under paragraph profit organizations for the research, devel- (7) INDIVIDUAL LABORATORY FOUNDATIONS
(2)(B)(ii); opment, or commercialization of trans- PROGRAM.—
(ii) shall not affect the power of the re- formative energy and associated tech- (A) DEFINITION OF INDIVIDUAL LABORATORY
maining members to execute the duties of nologies; FOUNDATION.—In this paragraph, the term
the Board; and (2)(A) strengthening regional economic de- ‘‘Individual Laboratory Foundation’’ means
(iii) shall be filled by an individual selected velopment through scientific and energy in- a Laboratory Foundation established by a
by the Board. novation; and National Laboratory.
(5) MEETINGS; QUORUM.— (B) disseminating lessons learned from (B) SUPPORT.—The Foundation shall pro-
(A) INITIAL MEETING.—Not later than 60 that development to foster the creation and vide support to and collaborate with Indi-
days after the Board is established, the Sec- growth of new regional energy innovation vidual Laboratory Foundations.
retary shall convene a meeting of the mem- clusters; (C) GUIDELINES AND TEMPLATES.—For the
bers of the Board to incorporate the Founda- (3) promoting new product development purpose of providing support under subpara-
tion. that supports job creation; graph (B), the Secretary shall establish sug-
(B) QUORUM.—A majority of the members (4) administering prize competitions to ac- gested guidelines and templates for Indi-
of the Board shall constitute a quorum for celerate private sector competition and in- vidual Laboratory Foundations, including—
purposes of conducting the business of the vestment; and (i) a standard adaptable organizational de-
(5) supporting programs that advance tech-
dlhill on DSK120RN23PROD with HOUSE
Board. sign for the responsible management of an
(6) DUTIES.—The Board shall— nologies from the prototype stage to a com- Individual Laboratory Foundation;
(A) establish bylaws for the Foundation in mercial stage. (ii) standard and legally tenable bylaws
accordance with paragraph (7); (d) ACTIVITIES.— and money-handling procedures for Indi-
(B) provide overall direction for the activi- (1) STUDIES, COMPETITIONS, AND PROJECTS.— vidual Laboratory Foundations; and
ties of the Foundation and establish priority The Foundation may conduct and support (iii) a standard training curriculum to ori-
activities; studies, competitions, projects, and other ac- ent and expand the operating expertise of
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H4908 CONGRESSIONAL RECORD — HOUSE September 24, 2020
personnel employed by an Individual Labora- (i) grant awards, including selection, re- property rights developed by the Foundation
tory Foundation. view, and notification; or derived from the collaborative efforts of
(D) AFFILIATIONS.—Nothing in this para- (ii) communication of past, current, and the Foundation.
graph requires— future research priorities; and (10) LIABILITY.—The United States shall
(i) an existing Individual Laboratory Foun- (iii) solicitation of and response to public not be liable for any debts, defaults, acts, or
dation to modify current practices or affil- input on the opportunities identified under omissions of the Foundation nor shall the
iate with the Foundation; or subparagraph (B); and full faith and credit of the United States ex-
(ii) an Individual Laboratory Foundation (D) a description of the financial goals and tend to any obligations of the Foundation.
to be bound by charter or corporate bylaws benchmarks of the Foundation for the fol- (11) NONAPPLICABILITY OF FACA.—The Fed-
as permanently affiliated with the Founda- lowing 10 years. eral Advisory Committee Act (5 U.S.C. App.)
tion. (4) ANNUAL REPORT.—Not later than 1 year shall not apply to the Foundation.
(8) SUPPLEMENTAL PROGRAMS.—The Foun- after the date on which the Foundation is es-
tablished, and every 2 years thereafter, the (f) DEPARTMENT COLLABORATION.—
dation may carry out supplemental pro-
Foundation shall submit to the Committee (1) NATIONAL LABORATORIES.—The Sec-
grams—
on Energy and Natural Resources of the Sen- retary shall collaborate with the Foundation
(A) to conduct and support forums, meet-
ate, the Committee on Science, Space, and to develop a process to ensure collaboration
ings, conferences, courses, and training
workshops consistent with the purpose of the Technology of the House of Representatives, and coordination between the Department,
Foundation described in subsection (c); and the Secretary a report that, for the year the Foundation, and National Laboratories—
(B) to support and encourage the under- covered by the report— (A) to streamline contracting processes be-
standing and development of— (A) describes the activities of the Founda- tween National Laboratories and the Foun-
(i) data that promotes the translation of tion and the progress of the Foundation in dation, including by—
technologies from the research stage, furthering the purpose of the Foundation de- (i) streamlining the ability of the Founda-
through the development and maturation scribed in subsection (c); tion to transfer equipment and funds to Na-
stage, and ending in the market stage; and (B) provides a specific accounting of the tional Laboratories;
(ii) policies that make regulation more ef- source and use of all funds made available to (ii) standardizing contract mechanisms to
fective and efficient by leveraging the tech- the Foundation to carry out those activities; be used by the Foundation; and
nology translation data described in clause (C) describes how the results of the activi- (iii) streamlining the ability of the Foun-
(i) for the regulation of relevant technology ties of the Foundation could be incorporated dation to fund endowed positions at National
sectors; into the procurement processes of the Gen- Laboratories;
(C) for writing, editing, printing, pub- eral Services Administration; and (B) to allow a National Laboratory or site
lishing, and vending books and other mate- (D) includes a summary of each evaluation of a National Laboratory—
rials relating to research carried out under conducted using the evaluation methodology (i) to accept and perform work for the
the Foundation and the Department; and described in subsection (d)(9). Foundation, consistent with provided re-
(D) to conduct other activities to carry out (5) EVALUATION BY COMPTROLLER GEN- sources, notwithstanding any other provi-
ERAL.—Not later than 5 years after the date sion of law governing the administration,
and support the purpose of the Foundation
on which the Foundation is established, the mission, use, or operations of the National
described in subsection (c).
Comptroller General of the United States Laboratory or site, as applicable; and
(9) EVALUATIONS.—The Foundation shall
shall submit to the Committee on Energy (ii) to perform that work on a basis equal
support the development of an evaluation
and Natural Resources of the Senate and the to other missions at the National Labora-
methodology, to be used as part of any pro-
Committee on Science, Space, and Tech- tory; and
gram supported by the Foundation, that
nology of the House of Representatives— (C) to permit the director of any National
shall—
(A) an evaluation of— Laboratory or site of a National Laboratory
(A) consist of qualitative and quantitative
(i) the extent to which the Foundation is to enter into a cooperative research and de-
metrics; and
achieving the mission of the Foundation; and velopment agreement or negotiate a licens-
(B) include periodic third party evaluation
(ii) the operation of the Foundation; and ing agreement with the Foundation pursuant
of those programs and other activities of the (B) any recommendations on how the
Foundation. to section 12 of the Stevenson-Wydler Tech-
Foundation may be improved. nology Innovation Act of 1980 (15 U.S.C.
(10) COMMUNICATIONS.—The Foundation (6) AUDITS.—The Foundation shall—
shall develop an expertise in communica- 3710a).
(A) provide for annual audits of the finan- (2) DEPARTMENT LIAISONS.—The Secretary
tions to promote the work of grant and fel- cial condition of the Foundation; and
lowship recipients under paragraph (2), the shall appoint liaisons from across the De-
(B) make the audits, and all other records, partment to collaborate and coordinate with
commercialization successes of the Founda- documents, and papers of the Foundation,
tion, opportunities for partnership with the the Foundation.
available to the Secretary and the Comp- (3) ADMINISTRATION.—The Secretary shall
Foundation, and other activities. troller General of the United States for ex- leverage appropriate arrangements, con-
(e) ADMINISTRATION.— amination or audit. tracts, and directives to carry out the proc-
(1) EXECUTIVE DIRECTOR.—The Board shall (7) SEPARATE FUND ACCOUNTS.—The Board ess developed under paragraph (1).
hire an Executive Director of the Founda- shall ensure that any funds received under
tion, who shall serve at the pleasure of the subsection (l)(1) are held in a separate ac- (g) NATIONAL SECURITY.—Nothing in this
Board. count from any other funds received by the section exempts the Foundation from any
(2) ADMINISTRATIVE CONTROL.—No member Foundation. national security policy of the Department.
of the Board, officer or employee of the (8) INTEGRITY.—
(h) SUPPORT SERVICES.—The Secretary
Foundation or of any program established by (A) IN GENERAL.—To ensure integrity in
the Foundation, or participant in a program the operations of the Foundation, the Board shall provide facilities, utilities, and support
established by the Foundation, shall exercise shall develop and enforce procedures relating services to the Foundation if it is deter-
administrative control over any Federal em- to standards of conduct, financial disclosure mined by the Secretary to be advantageous
ployee. statements, conflicts of interest (including to the research programs of the Department.
(3) STRATEGIC PLAN.—Not later than 1 year recusal and waiver rules), audits, and any (i) PREEMPTION OF AUTHORITY.—This sec-
after the date of enactment of this Act, the other matters determined appropriate by the tion shall not preempt any authority or re-
Foundation shall submit to the Committee Board.
sponsibility of the Secretary under any other
on Energy and Natural Resources of the Sen- (B) FINANCIAL CONFLICTS OF INTEREST.—
ate and the Committee on Science, Space, Any individual who is an officer, employee, provision of law.
and Technology of the House of Representa- or member of the Board is prohibited from (j) AUTHORIZATION OF APPROPRIATIONS.—
tives a strategic plan that contains— any participation in deliberations by the (1) IN GENERAL.—There are authorized to be
(A) a plan for the Foundation to become fi- Foundation of a matter that would directly appropriated—
nancially self-sustaining in fiscal year 2022 or predictably affect any financial interest (A) to the Secretary, not less than
and thereafter (except for the amounts pro- of— $1,500,000 for fiscal year 2021 to establish the
vided each fiscal year under subsection (i) the individual; Foundation;
(l)(1)(C)); (ii) a relative (as defined in section 109 of (B) to the Foundation, not less than
(B) a forecast of major crosscutting energy the Ethics in Government Act of 1978 (5 $30,000,000 for fiscal year 2021 to carry out the
challenge opportunities, including short- and U.S.C. App.)) of that individual; or activities of the Foundation; and
long-term objectives, identified by the (iii) a business organization or other entity (C) to the Foundation, not less than
dlhill on DSK120RN23PROD with HOUSE
Board, with input from communities rep- in which the individual has an interest, in- $3,000,000 for fiscal year 2022, and each fiscal
resenting the entities and areas, as applica- cluding an organization or other entity with year thereafter, for administrative and oper-
ble, described in subsection (b)(2)(B)(ii); which the individual is negotiating employ- ational costs.
(C) a description of the efforts that the ment. (2) COST SHARE.—Funds made available
Foundation will take to be transparent in (9) INTELLECTUAL PROPERTY.—The Board under paragraph (1)(B) shall be required to be
the processes of the Foundation, including shall adopt written standards to govern the cost-shared by a partner of the Foundation
processes relating to— ownership and licensing of any intellectual other than the Department.
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September 24, 2020 CONGRESSIONAL RECORD — HOUSE H4909
The SPEAKER pro tempore. Pursu- And now, Mr. Speaker, we don’t even I urge my colleagues to oppose this
ant to House Resolution 1129, the gen- have the chance to debate and vote on bloc, and I reserve the balance of my
tlewoman from Michigan (Ms. STE- those amendments individually. In- time.
VENS) and the gentleman from Okla- stead, we are expected to vote to pass Ms. STEVENS. Mr. Speaker, surely,
homa (Mr. LUCAS) each will control 10 or reject 26 amendments en bloc right when we pass this legislation, we will
minutes. now. With only one exception, this is be sending a host of new directives over
The Chair recognizes the gentle- how we will vote on all 99 amendments to the Secretary of Energy to continue
woman from Michigan. made in order. to win and advance our future.
Ms. STEVENS. Mr. Speaker, I yield That is a problem because it forces us Mr. Speaker, I yield 2 minutes to the
myself 1 minute. either to vote in favor of policies we gentleman from Pennsylvania (Mr.
I rise today to urge my colleagues to don’t support or to vote against the LAMB).
support my amendment to increase ve- Mr. LAMB. Mr. Speaker, if I would
ones we do. That is where I find myself
hicle technology R&D as we consider have come before this House in 2005 and
right now.
this significant investment in a clean said to my colleagues, ‘‘I have a policy
Not surprisingly, I strongly support proposal. It will create hundreds of
energy future for battery technology,
my own amendment in this bloc. It ex- thousands of jobs in parts of the coun-
cybersecurity, the connected car, our
presses the sense of Congress that in try that have lost them. It will help
sustainability future, and countless
jobs. order to reduce emissions, the Sec- free us from wars in the Middle East. It
Michigan has been a global leader in retary of Energy must prioritize fund- will save middle-class families hun-
vehicle technology since we created ing for fundamental research infra- dreds if not thousands of dollars a year
the industry over a century ago. Our structure and for basic research and de- on their energy bills. And the best part
autoworkers are the best in the world. velopment activities carried out is, it will allow us to reduce carbon
Our manufacturers are the best in the through the Office of Science. emissions for the first time in the his-
world. But we need to make sure that Office of Science programs have long tory of the United States,’’ that would
we continue to have a level playing served as the cornerstone of U.S. en- sound like a Democratic policy—more
field to compete. ergy innovation. Our clean energy fu- jobs, less war, lower bills, less carbon.
The U.S. must continue to lead by ture will be built on next-generation That policy was the shale revolution,
making the investments just as other technology areas like grid-scale energy and it was, in truth, a partnership be-
nations are doing. Now is not the time storage, advanced grid security, and in- tween government research and entre-
to cede our leadership. Now is the time tegrated carbon management strate- preneurs in Pennsylvania and Texas
to claim it. gies. These technologies are dependent and other places that figured out new
Advances in electrification and on Federal support for basic research techniques to get natural gas out of
connectivity will make vehicles safer, programs and infrastructure. the ground.
more efficient, and more affordable for The Office of Science at DOE is be- Some have opposed the continuation
consumers and their families. We owe hind some of the most groundbreaking of natural gas drilling simply because
it to our American workers to make scientific discoveries and technology it is a fossil fuel, and I ask them: Who
sure that this next generation of vehi- developments in recent history. With- gets credit for the reduced carbon
cles is made right here in the United out the innovation that has come from emissions over the last 15 years? Nat-
States of America. DOE basic research, we wouldn’t have ural gas has made a bigger difference
Mr. Speaker, I reserve the balance of than anything. But we still have a duty
successfully reduced emissions through
my time. to continue trying to improve that
clean, affordable natural gas.
Mr. LUCAS. Mr. Speaker, I yield my- process.
That is why a clean energy legisla- A lot of people don’t realize that the
self such time as I may consume. tive package that fails to include com-
I rise in opposition to this bloc of National Energy Technology Labora-
prehensive Office of Science provisions tory, NETL, that exists in western
amendments and to express my pro- is not a serious proposal even if it is 900
found disappointment with this proc- Pennsylvania, has never given up on
pages long. trying to clean up these processes.
ess. I would urge my colleagues to re-
As I said yesterday, climate change They have made great gains, particu-
member that Americans need afford- larly in the area of produced water and
is a generational challenge, one where
able and reliable energy, and that has taking the water that is used to get the
our work today will have an impact for
to be a central goal in our policy to ad- gas out of the ground and removing the
decades to come. I believe our work on
dress climate change. contaminants so that the water can be
something of this importance deserves
We can reduce emissions, keep en- recycled and used over and over again.
thoughtful consideration, careful anal-
ergy prices competitive, and ensure We have already seen that in the short
ysis, and substantial debate. After all,
that the U.S. remains a world leader in life of shale drilling in western Penn-
what is at stake here is no small mat-
science and energy technology by com- sylvania. The NETL has improved re-
ter.
mitting to prioritize basic research and cycling of water immensely.
The policy decisions we make on this
critical infrastructure supported by the My amendment would give additional
issue will not only impact our green- money to the Secretary of Energy to
house gas emissions; they will also Office of Science.
I believe my amendment would im- double down on this research and, most
have a direct effect on what Americans importantly, establish a demonstration
pay to cool and heat their homes. They prove H.R. 4447 by establishing that
Congress is fundamentally committed project for the first time ever to better
will determine whether we hamstring recycle and dispose of this water right
our energy sectors or give them a glob- to research and development of break-
through clean energy technologies. Un- onsite, eliminating the loud and noisy
al advantage. trucks that drive through people’s
Congress has an established process fortunately, I can’t support my amend-
ment because it has been lumped in neighborhoods and the risk of contami-
to make smart policy decisions on im- nating our water table.
portant issues like this. We consider with so many others that actually
This has been a tremendous tech-
issues in hearings, debate and vote in worsen the underlying legislation by
nology for western Pennsylvania and
committees, and then bring legislation increasing our support of well-funded
the United States, and we can continue
to the House floor. applied research programs that are du- making it better.
That is not what happened here. In- plicating the work that private indus- Mr. LUCAS. Mr. Speaker, I yield 3
stead of following regular order on in- try can and should be doing on its own. minutes to the gentleman from Lou-
dividual policy proposals, we were But that is what happens when you isiana (Mr. GRAVES).
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given 1 week to review 900 pages of leg- force through a massive, partisan mes- Mr. GRAVES of Louisiana. Mr.
islation. saging bill instead of allowing for indi- Speaker, I thank the gentleman from
In an effort to have a voice in this vidual policy consideration. This shows Oklahoma for yielding.
process, Members offered 176 amend- a lack of good faith from the House Mr. Speaker, let’s look at this proc-
ments to this bill. Only 99 were made Democrats and is no way to pass legis- ess. Here we have a bill that was a bi-
in order. lation for the public good. partisan bill, H.R. 4447, that passed out
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H4910 CONGRESSIONAL RECORD — HOUSE September 24, 2020
of the committee on a bipartisan vote, not in the interests of our children’s Mr. LUJÁN. Mr. Speaker, I would
and it was eight pages. It was eight and our grandchildren’s future, and it also be happy to share this with my
pages. ignores the fact that America is the colleague and my friend from Lou-
Today, this bill is nearly 900 pages. leading reducer in emissions. isiana. The CBO score on this is zero.
Miraculously, from committee to the Ms. STEVENS. Mr. Speaker, I remain So I will make sure I hand this over to
floor, it just exploded and became near- somewhat baffled and surprised by the him, as well, to take a look.
ly 900 pages of text. This bill is now remarks of my colleague, particularly Mr. Speaker, at home in New Mexico,
scored to cost the American taxpayers as, just in the last decade, China has we are very proud of our national labs,
$135 billion. spent nearly $60 billion to create a three national labs, two at the Depart-
This is an issue that we agree that we thriving electric vehicle industry, and ment of Energy. New Mexico has seen
need to be discussing. We need to be that is, in part, what we are commit- the value that the United States De-
discussing America’s energy future. We ting to do here today. partment of Energy brings to the fight
need to be discussing the fact that Mr. Speaker, I yield 2 minutes to the against COVID–19.
Saudi Arabia, Russia, China, and other gentleman from New Mexico (Mr. Through our national labs, the De-
countries are trying to decimate the LUJÁN). partment has provided support to the
American energy industry. They are Mr. LUJÁN. Mr. Speaker, I include in National Institutes of Health and other
trying to force our dependence upon the RECORD the CBO score on this leg- government agencies, leveraged its sci-
them. islation. entific resources, but did a lot of work
Unfortunately, while there are some CBO’S ESTIMATE OF THE STATUTORY PAY-AS- to improve the epidemiological models
good components of this bill, much of YOU-GO EFFECTS OF RULES COMMITTEE PRINT and much more.
it plays into the hands of those very 116–63, H.R. 4447, THE CLEAN ECONOMY JOBS The Department of Energy has an-
AND INNOVATION ACT, INCLUDING MANAGER’S other important role to play by helping
countries by forcing the use or pushing
AMENDMENT (PALLONE 170), AS REPORTED BY
the use of technologies by manipu- to restart America’s innovation econ-
THE COMMITTEE ON RULES ON SEPTEMBER 21,
lating markets, by distorting costs, 2020
omy, creating jobs, and moving us to-
that forces us to play into the hands of ward economic recovery.
The Statutory Pay-As-You-Go Act of 2010
those countries and become subject or establishes budget-reporting and enforce-
My amendment with Representatives
dependent upon them for different re- ment procedures for legislation affecting di- WILSON, TORRES SMALL, and CASTEN,
sources. rect spending or revenues. The net changes and based on the IMPACT for Energy
in outlays and revenues that are subject to Act, would help the Department
b 1130
those procedures are shown here. achieve these goals by establishing the
Mr. Speaker, the United States, as I H.R. 4447 would modify existing laws and Department of Energy-affiliated non-
have heard people talk about emis- policies governing the energy sector. CBO es- profit foundation to raise private-sec-
sions, we are the leader in the world in timates that the provisions noted below
tor funds and leverage expertise that
terms of reducing emissions. The would have an insignificant effect on net di-
rect spending, revenues, and the deficit over supports the research, development,
United States has reduced emissions and commercial application of tech-
the 2020–2030 period.
more than every other country. Subtitle C of Title I would require federal nologies that address our Nation’s en-
People talk about emissions reduc- agencies and data centers to implement ergy challenges and combat climate
tion. Under President Obama, there strategies to acquire, use, and maintain in- change.
was the Clean Power Plan. We have ac- formation technologies expected to increase This model works. The National In-
tually hit the Clean Power Plan target energy efficiency. Those provisions could af- stitutes of Health, CDC, and USDA
established by President Obama, but fect direct spending if agencies procure en-
foundations have already demonstrated
we have done it 10 years early. ergy-efficient technologies using longterm
contracts known as energy savings perform- that they can raise billions of private-
We haven’t done it by distorting mar- sector dollars to support research and
ance contracts.
kets. We haven’t done it by forcing the Subtitle F of Title II would allow operators innovation. And innovation, in turn,
use of technologies. We have done it by with certain federal leases to noncompeti- drives economic growth.
letting the market do what it does, by tively acquire the rights to coproduce geo- To enhance these efforts as part of
letting innovators innovate, like they thermal resources under that lease and to the clean energy economy, we have the
do. noncompetitively lease land adjoining that Clean Economy Jobs and Innovation
So to my friends on the other side of lease. CBO expects that few leases would be
Act.
the aisle, I will say it again: We abso- affected by this provision.
Subtitle C of Title IV would reduce reve- We will also be advancing my legisla-
lutely would love to engage with you nues by extending quotas for imports of ura- tion to improve innovators’ access to
on America’s energy future, on how we nium from Russia until 2040, which under national lab facilities and to develop
ensure the use of clean energy tech- current law are set to expire in 2020. the next generation of tech leaders
nologies moving forward, but also on Title XI would allow aggrieved persons to through partnership between national
building upon the success of the United sue entities, such as local governments, for labs and institutions of higher edu-
States and how we are the global lead- discrimination that occurs in the context of cation.
er in reducing emissions. implementing environmental projects or reg-
Mr. Speaker, I urge my colleagues to
ulations promulgated by federal agencies.
We don’t have to have a Democrat support this en bloc amendment and
CBO expects that provision would increase
bill. We have got all these amend- the number of suits filed in federal court. the underlying bill.
ments. They have been thrown to- Those changes would increase both revenues Mr. LUCAS. Mr. Speaker, I reserve
gether en bloc, where maybe we have a (from court filing fees) and spending of those the balance of my time.
great amendment, but it is paired to- fees. Ms. STEVENS. Mr. Speaker, I yield 1
gether with nine others that are awful. H.R. 4447 also would authorize the appro- minute to the gentleman from Texas
This distorts the process, and it really priation of more than $125 billion over the (Mr. DOGGETT).
makes us unable to even represent our 2021–2025 period for various programs related Mr. DOGGETT. Mr. Speaker, even
to clean energy. Any spending would be sub-
constituents at home. during these challenging times, most
ject to the availability of appropriations for
So I want to urge: Let’s sit down and those programs. Americans recognize that when they
engage in this bill in a bipartisan way. H.R. 4447 contains intergovernmental and get home, they find a habitable place
Let’s not take a bill that was 8 pages private-sector mandates as defined in the and the lights come on with the flip of
and add over 800 pages to it in the dark Unfunded Mandates Reform Act (UMRA). a switch. But preserving future Amer-
of night. Let’s have a transparent proc- CBO estimates that the costs of mandates on ican energy independence and energy
ess. Let’s let us vote on amendments private entities would exceed the private- efficiency is a greater challenge.
dlhill on DSK120RN23PROD with HOUSE
that make sense, that ensure Amer- sector threshold established in UMRA, and The climate crisis that we confront
the costs of mandates on state, local, and
ica’s energy future is based upon our today is not just about endangered
tribal governments would fall below the
resources, not those of Russia, not threshold for intergovernmental mandates polar bears and Antarctic ice sheets
those of China, as this bill does. (those thresholds are $168 million and $84 that are melting and will submerge our
This is a fatally flawed process. It is million in 2020, respectively, adjusted annu- coastal areas; it is here and now with
not in the interests of America. It is ally for inflation). our erratic weather, with our soaring
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September 24, 2020 CONGRESSIONAL RECORD — HOUSE H4911
temperatures, and with blazing provisions that diverge from its core As Professor Dennis Whyte of MIT wrote
wildfires across the country. Energy-ef- focus area, threatening to undermine last year in The Washington Post, ‘‘This is a
ficient technology shouldn’t be the ‘‘al- the otherwise favorable bill. critical moment for such funding decisions.
ternative,’’ it should be the regular I am sorry to say it again, but too Other governments are investing billions in fu-
standard. many provisions of this bill have un- sion.’’
Now, while my home State of Texas dermined areas where we could have The pending amendment’s milestone-based
is the national leader in greenhouse found bipartisan consensus. The same funding program will support the development
gas pollution and in climate deniers, it is true of the bloc of amendments. I, of a U.S.-based fusion power industry by pro-
is also the home to really significant therefore, must urge my colleagues to viding funds to stimulate R&D and eventual
growth in wind power, the leading oppose this bloc. commercialization of this new energy source.
State in the country, and a growing Mr. Speaker, I yield back the balance Each private sector participant will need to
source of solar power. of my time. meet milestones agreed-upon in partnership
Investments in clean energy protect Ms. STEVENS. Mr. Speaker, I yield with the Department of Energy in order to re-
taxpayer investments and promote myself as much time as I may con- ceive the public funds.
public health and safety. These invest- sume. Federal assistance would be made only
Mr. Speaker, I recognize the bipar- upon completion of agreed-upon milestones.
ments ensure America is leading on the
I urge support for the amendment as well as
road to clean energy, not being run tisan nature of the original bill that
the underlying bill.
over by it. passed through the House Science, Mr. GARAMENDI. Mr. Speaker, I rise in
The SPEAKER pro tempore. The Space, and Technology Committee support of my amendment to the ‘‘Clean Econ-
time of the gentleman has expired. with the leadership of our great chair- omy Jobs and Innovation Act’’, H.R. 4447.
Ms. STEVENS. Mr. Speaker, I yield woman, EDDIE BERNICE JOHNSON, and I thank my colleague from California, Con-
an additional 1 minute to the gen- our ranking member, Mr. LUCAS. gressman LOWENTHAL—the chairman of the
tleman. I also recognize today that we are Natural Resources Subcommittee on Energy
Mr. DOGGETT. Mr. Speaker, as Con- taking a vote for our future. We are and Mineral Resources—for his support as the
gress considers new investments in re- taking a vote for our innovation agen- amendment’s cosponsor.
search and development, let’s direct da. We are talking about the research I also want to commend Congressman PAL-
our efforts where we can achieve the and development efforts of this Nation. LONE—the chairman of the Energy and Com-
greatest savings and the greatest effi- We are talking about a clean economy. merce Committee—for his leadership with the
ciency. Today, as we engaged in debate, we omnibus clean energy bill before the House
While carbon capture and storage, got a glimpse of where this vote might today.
the process of capturing carbon dioxide come down. The Outer Continental Shelf Lands Act sub-
formed in power generation and some Mr. Speaker, let it be reminded to all jects offshore mineral or energy development
industrial processes, has potential, that this House majority is the major- to U.S. jurisdiction, including the Constitution
many substantial questions remain ity that is working for the people and and applicable federal laws.
about its cost-effectiveness compared their future and their jobs, for a clean Specifically, this 1953 law applies the civil
to other low-emission technologies, economy. We are taking the necessary and political jurisdiction of the United States to
particularly since hundreds of millions steps to get it done. installations on the Outer Continental Shelf in
of dollars in current tax subsidies are So, Mr. Speaker, I urge my col- the United States’ Exclusive Economic Zone
directed, often improperly, to those leagues on both sides of the aisle to re- (EEZ) at sea.
promoting fossil fuels. member and to be reminded about Under the Outer Continental Shelf Lands
Accordingly, the amendment I have where it will come down today with Act, the U.S. Department of the lnterior—act-
offered that is included in this en bloc this vote. I urge them to vote ‘‘yes.’’ I ing through the Bureau of Ocean Energy Man-
amendment gets the facts for tax- urge them to vote for our future. I urge agement—conducts lease sales for offshore
payers by asking the National Acad- them to vote for our innovation capa- development of mineral and energy resources,
emy of Sciences to evaluate the effi- bilities from the United States of indulging wind lease sales.
cacy of carbon capture technology and America. The Energy Policy Act of 2005 established
evaluate industries regarding its poten- Mr. Speaker, I yield back the balance the Secretary of the Interior’s exclusive off-
tial. of my time. shore wind leasing and permitting authority
Enough of the fossilized thinking Mrs. TRAHAN. Mr. Speaker, I rise to offer under the Outer Continental Shelf Lands Act.
my strong support for the amendment offered Our amendment simply clarifies that lease
about fossil fuels. Let’s explore all
by the gentleman from Pennsylvania, Mr. sales for energy development on the Outer
available tools and technologies, while
Continental Shelf from non-minerals—sources
ensuring that taxpayer dollars are uti- LAMB.
The world desperately needs a new source other than oil and natural gas such as wind,
lized to achieve maximum savings, be-
hydrokinetic, or ocean thermal energy conver-
cause energy savings could mean the of energy that has zero-carbon emissions.
sion—are indeed subject to U.S. jurisdiction,
difference between the Earth’s saving Such a technological breakthrough is abso-
including federal laws affording labor and envi-
and its destruction. lutely vital to combating climate change and
ronmental protections.
Mr. Speaker, I urge adoption of the meeting our growing energy demands. Congress clearly intended U.S. law to apply
amendment. One such promising technology is fusion en- to any form of exploration, development, pro-
Mr. LUCAS. Mr. Speaker, I would ergy. duction, transportation, and transmission of
note to my colleague that I have no ad- When commercialized, fusion will accelerate energy resources under the Outer Continental
ditional speakers, and I am prepared to the transformation of America’s energy sys- Shelf Lands Act.
close whenever she has concluded with tem, providing the foundation for our zero-car- Again, all our amendment does is clarify
her speakers. bon energy economy of the future. that all forms of offshore energy development
Ms. STEVENS. Mr. Speaker, I have My colleague’s amendment, which I’m are indeed subject to the same U.S. laws that
no additional speakers. I am prepared pleased to co-sponsor, would provide the currently apply to the offshore oil and gas in-
to close. basis for the United States to maximize its re- dustry.
Mr. LUCAS. Mr. Speaker, I yield my- sources, both public and private, to dem- In the 112th Congress, the House of Rep-
self as much time as I may consume. onstrate and commercialize fusion energy. resentatives passed our amendment lan-
As the Chamber of Commerce noted His amendment would support public-private guage, nearly verbatim, by voice vote as the
in a letter to Congress, there is a grow- partnerships to make fusion energy a reality ‘‘POWER Act’’ (H.R. 2360).
ing consensus that the research, devel- by building full-scale demonstration facilities— According to an April 2018 study by the
opment, and commercialization of new and creating new companies and more jobs Lawrence Berkeley National Laboratory, off-
dlhill on DSK120RN23PROD with HOUSE
technologies is an important factor here at home. shore wind along the Eastern Seaboard of the
that will determine how quickly and at This is a race against time—not only to pre- United States has the potential to eclipse all
what cost greenhouse gas emissions vent the worst catastrophes that we’re begin- current land-based wind development.
will be reduced. The Chamber has re- ning to see due to climate change, but also Demand for offshore wind projects in federal
cently taken issue with this package ensuring adequate funds so that the United waters is strong, as the Bureau of Ocean En-
because of the inclusion of a number of States is the global leader in fusion. ergy Management sets record lease sales in
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H4912 CONGRESSIONAL RECORD — HOUSE September 24, 2020
the Atlantic, to the benefit of American tax- and siting of turbines, wind power forecasting, The SPEAKER pro tempore. The
payers. construction of turbines, and even projecting Clerk will designate the amendments
In short order, we may see similar demand the need for turbine maintenance and repair. en bloc.
for federal lease sales for offshore wind else- I urge my colleagues to support this amend- Amendments en bloc No. 2 consisting
where in the country, including off the West ment to increase our understanding of each of of amendment Nos. 2, 3, 4, 5, 6, 7, 8, 9,
Coast or the U.S. territories. these areas. 10, 11, 16, 17, 19, 20, 21, 22, 25, 27, 31, 35,
Offshore wind development will play a cen- I also rise in support of my amendment 36, 37, 38, 43, 44, 45, 48, 52, 55, 56, 58, 59,
tral part in our nation’s transition to a clean which would support research into rethinking, 60, 61, 65, 66, 67, 70, 71, 73, 74, 75, 83, 84,
energy economy powered by renewables. reducing, and reusing critical materials in wind 85, 86, 87, 88, 89, 90, 93, 95, 96, and 97,
As we welcome this burgeoning industry, energy. The widespread deployment of current printed in part B of House Report 116–
Congress must act decisively to clarify that wind energy technology requires aluminum 528, offered by Ms. DEGETTE of Colo-
any offshore wind development on the Outer and rare-earth elements. The increasing de- rado:
Continental Shelf—including exploration, pro- AMENDMENT NO. 2 OFFERED BY MS. BARRAGAN
mand for these elements and issues within
duction, transportation, and transmission—is OF CALIFORNIA
their supply chains is a concern for all of us
indeed subject to the same federal laws that At the end of title III, add the following:
concerned about the environment, human
already apply to offshore oil and gas develop- Subtitle D—Climate Smart Ports
rights, and our clean energy future to action.
ment or underwater mining. SEC. 3401. CLIMATE SMART PORTS GRANT PRO-
For years, the Department of Energy has ac- GRAM.
This is the clear and obvious intent of Con- knowledged that ‘‘supply challenges’’ for cer- (a) ESTABLISHMENT.—Not later than 6
gress, and my amendment simply updates the tain rare earth metals could negatively affect months after the date of enactment of this
underlying federal law to reflect this reality. clean energy technology development. The section, the Administrator shall establish a
As the former Deputy Secretary of the Inte- United States is currently largely dependent program to award grants to eligible entities
rior during the Clinton Administration, I am a on other nations, especially China, for rare to purchase, and as applicable install, zero
long-time proponent of all forms of renewable earth minerals. These minerals may not be emissions port equipment and technology.
energy to help meet the global challenge of (b) USE OF GRANTS.—
quite as finite as their name implies; however, (1) IN GENERAL.—An eligible entity may use
man-made climate change, including offshore they are generally difficult to mine and require a grant awarded under this section to pur-
wind development. extensive processing. In some places, the in- chase, and as applicable install, zero emis-
I urge my colleagues to support this critical dustry lacks protections for workers and the sions port equipment and technology.
amendment, simply updating the Outer Conti- environment, jeopardizing communities’ drink- (2) PROHIBITED USE.—
nental Shelf Lands Act to reflect clear Con- ing water and soil. We can alleviate these (A) IN GENERAL.—An eligible entity may
gressional intent and provide legal certainty for not use a grant awarded under this section to
concerns by investing in research to rethink purchase or install fully automated cargo
offshore wind projects to proceed in accord- turbine design, reduce the use of such mate-
ance with federal law. handling equipment or terminal infrastruc-
rials, and reuse products which are no longer ture that is designed for fully automated
Lastly, adopting our amendment to the need. cargo handling equipment.
‘‘Clean Economy Jobs and Innovation Act’’ Wind energy prices have fallen significantly (B) HUMAN-OPERATED ZERO EMISSIONS PORT
(H.R. 4447) will set the House on strong foot- fallen in the past decade. The levelized cost, EQUIPMENT AND TECHNOLOGY.—Nothing in
ing for any Energy Bill conference next Con- which does not account for federal tax credits, subparagraph (A) prohibits an eligible entity
gress, with the Murkowski-Manchin bill ex- decreased from about $90 per megawatt-hour from using a grant awarded under this sec-
pected to be passed by the Senate. tion to purchase human-operated zero emis-
to $30 per megawatt-hour last year. This is an sions port equipment and technology or in-
I hope this amendment will pass by voice exciting and encouraging trend for consumers,
vote as it did on December 7, 2011, during the frastructure that supports such human-oper-
our climate, and communities, like Hampton ated zero emissions port equipment and tech-
112th Congress. Roads, that are both threatened by climate nology.
Mr. SCOTT of Virginia. Mr. Speaker, I rise (3) COST SHARE.—
change and poised to create good green wind
today in support of two amendments to H.R. (A) IN GENERAL.—Except as provided in
energy jobs. This amendment would facilitate
4447, the Clean Energy Jobs and Innovation subparagraph (B), an eligible entity may not
research on the reuse of such materials and
Act. I am honored to represent Virginia’s 3rd use a grant awarded under this section to
the design of turbines that require less of
Congressional District, which is on the front cover more than 70 percent of the cost of
these materials, ensuring that this trend to- purchasing, and as applicable installing, zero
lines of sea-level rise. Recognizing the urgent
wards more affordable wind energy continues. emissions port equipment and technology.
action needed to mitigate the worst of the cli-
In addition to creating jobs here in the United (B) CERTAIN GRANTS.—With respect to a
mate crisis, I am pleased that this bill includes
States, supporting the future of wind energy grant in an amount equal to or greater than
support for climate-informed building codes to $3,000,000, an eligible entity may use such
ensures that Americans will have increasing
improve energy efficiency as well as resil- grant to cover not more than 85 percent of
access to energy that is clean, renewable, reli-
ience, issues on which Norfolk, Virginia is the cost of purchasing and installing zero
able, and affordable.
leading the way. My district is also home to emissions port equipment and technology if
I urge my colleagues to support these
the Port of Virginia and other facilities—as well such eligible entity certifies to the Adminis-
amendments. trator that—
as workers—that played a critical role in in-
stalling the first offshore wind turbines in fed- The SPEAKER pro tempore. Pursu- (i) such grant will be used, at least in part,
eral waters this summer. On and offshore, ant to House Resolution 1129, the pre- to employ laborers or mechanics to install
wind energy presents an incredible opportunity vious question is ordered on the zero emissions port equipment and tech-
amendments en bloc offered by the nology; and
to generate clean, renewable energy, and to (ii) such eligible entity is a party to a
create good, green, family-sustaining jobs in gentlewoman from Michigan (Ms. STE-
project labor agreement or requires that
VENS).
Hampton Roads and across the country. each subgrantee of such eligible entity, and
I was pleased to submit an amendment en- The question is on the amendments any subgrantee thereof at any tier, that per-
couraging the use of modeling and simulation en bloc. forms such installation participate in a
technologies in wind energy, along with Rep- The question was taken; and the project labor agreement.
resentative STEPHANIE MURPHY. As co-chairs Speaker pro tempore announced that (4) PROJECT LABOR.—An eligible entity that
the ayes appeared to have it. uses a grant awarded under this section to
of the Congressional Modeling and Simulation install zero emissions port equipment and
Caucus, we submitted this amendment to sup- Ms. STEVENS. Mr. Speaker, on that
technology shall ensure, to the greatest ex-
port the development and deployment of mod- I demand the yeas and nays.
tent practicable, that any subgrantee of such
eling and simulation tools to aid in rapidly The SPEAKER pro tempore. Pursu- eligible entity, and any subgrantee thereof
transitioning our economy away from fossil ant to section 3 of House Resolution at any tier, that carries out such installa-
fuels. Modeling and simulation have been very 965, the yeas and nays are ordered. tion employs laborers or mechanics for such
thoughtfully incorporated into many aspects of Pursuant to clause 8 of rule XX, fur- installation that—
dlhill on DSK120RN23PROD with HOUSE
this bill—ensuring technologies are effectively ther proceedings on this question are (A) are domiciled not further than 50 miles
postponed. from such installation;
deployed, risks to our electric grid are under-
(B) are members of the Armed Forces serv-
stood, and community resilience is enhanced. AMENDMENTS EN BLOC NO. 2 OFFERED BY MS.
ing on active duty, separated from active
Modeling and simulation technologies also DEGETTE OF COLORADO
duty, or retired from active duty;
have incredible potential to contribute to every Ms. DEGETTE. Mr. Speaker, I have (C) have been incarcerated or served time
step of wind energy generation: the design amendments en bloc at the desk. in a juvenile detention facility; or
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September 24, 2020 CONGRESSIONAL RECORD — HOUSE H4913
(D) have a disability. section, such eligible entity shall submit to (A) IN GENERAL.—The term ‘‘distributed en-
(c) WAGES.— the Administrator a report containing such ergy resource’’ means an energy resource
(1) IN GENERAL.—All laborers and mechan- information as the Administrator shall re- that—
ics employed by a subgrantee of an eligible quire. (i) is located on or near a customer site;
entity, and any subgrantee thereof at any (2) ANNUAL REPORT TO CONGRESS.—Not later (ii) is operated on the customer side of the
tier, to perform construction, alteration, in- than January 31, 2021, and annually there- electric meter; and
stallation, or repair work that is assisted, in after, the Administrator shall submit to (iii) is interconnected with the electric
whole or in part, by a grant awarded under Congress and make available on the website grid.
this section shall be paid wages at rates not of the Environmental Protection Agency a (B) INCLUSIONS.—The term ‘‘distributed en-
less than those prevailing on similar con- report that includes, with respect to each ergy resource’’ includes—
struction, alteration, installation, or repair grant awarded under this section during the (i) clean electric generation;
work in the locality as determined by the preceding calendar year— (ii) customer electric efficiency measures;
Secretary of Labor in accordance with sub- (A) the name and location of the eligible (iii) electric demand flexibility; and
chapter IV of chapter 31 of title 40, United entity that was awarded such grant; (iv) energy storage.
States Code. (B) the amount of such grant that the eli- (6) ELIGIBLE ENTITY.—The term ‘‘eligible
(2) LABOR STANDARDS.—With respect to the gible entity was awarded; entity’’ means—
labor standards in this subsection, the Sec- (C) the name and location of the port (A) a port authority;
retary of Labor shall have the authority and where the zero emissions port equipment and (B) a State, regional, local, or Tribal agen-
functions set forth in Reorganization Plan technology that was purchased, and as appli-
cy that has jurisdiction over a port author-
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. cable installed, with such grant is used;
App.) and section 3145 of title 40, United ity or a port;
(D) an estimate of the impact of such zero
States Code. (C) an air pollution control district or air
emissions port equipment and technology on
(d) APPLICATION.— quality management district; or
reducing—
(1) IN GENERAL.—To be eligible to be award- (D) a private or nonprofit entity, applying
(i) greenhouse gas emissions;
ed a grant under this section, an eligible en- for a grant awarded under this section in col-
(ii) emissions of criteria pollutants and
tity shall submit to the Administrator an laboration with another entity described in
precursors thereof;
application at such time, in such manner, (iii) hazardous air pollutant emissions; and subparagraphs (A) through (C), that owns or
and containing such information as the Ad- (iv) public health disparities; and uses cargo or transportation equipment at a
ministrator may require. (E) any other information the Adminis- port.
(2) PRIORITY.—The Administrator shall trator determines necessary to understand (7) ENERGY STORAGE SYSTEM.—The term
prioritize awarding grants under this section the impact of grants awarded under this sec- ‘‘energy storage system’’ means a system,
to eligible entities based on the following: tion. equipment, facility, or technology that—
(A) The degree to which the proposed use (g) AUTHORIZATION OF APPROPRIATIONS.— (A) is capable of absorbing energy, storing
of the grant will— (1) IN GENERAL.—There is authorized to be energy for a period of time, and dispatching
(i) reduce greenhouse gas emissions; appropriated to carry out this section the stored energy; and
(ii) reduce emissions of any criteria pollut- $1,000,000,000 for each of fiscal years 2021 (B) uses a mechanical, electrical, chemical,
ant and precursor thereof; through 2030. electrochemical, or thermal process to store
(iii) reduce hazardous air pollutant emis- (2) NONATTAINMENT AREAS.—To the extent energy that—
sions; and practicable, at least 25 percent of amounts (i) was generated at an earlier time for use
(iv) reduce public health disparities in made available to carry out this section in at a later time; or
communities that receive a disproportionate each fiscal year shall be used to award (ii) was generated from a mechanical proc-
quantity of air pollution from a port. grants to eligible entities to provide zero ess, and would otherwise be wasted, for deliv-
(B) The amount of matching, non-Federal emissions port equipment and technology to ery at a later time.
funds expected to be used by an applicant to ports that are in nonattainment areas. (8) FULLY AUTOMATED CARGO HANDLING
purchase, and as applicable install, zero (h) DEFINITIONS.—In this section: EQUIPMENT.—The term ‘‘fully automated
emissions port equipment and technology. (1) ACTIVE DUTY.— The term ‘‘active duty’’ cargo handling equipment’’ means cargo
(C) Whether the applicant will use such has the meaning given such term in section handling equipment that—
grant to purchase, and as applicable install, 101 of title 10, United States Code. (A) is remotely operated or remotely mon-
zero emissions port equipment and tech- (2) ADMINISTRATOR.—The term ‘‘Adminis- itored; and
nology that is produced in the United States. trator’’ means the Administrator of the En- (B) with respect to the use of such equip-
(D) As applicable, whether the applicant vironmental Protection Agency. ment, does not require the exercise of human
will meet the utilization requirements for (3) ALTERNATIVE EMISSIONS CONTROL TECH- intervention or control.
registered apprentices established by the NOLOGY.—The term ‘‘alternative emissions (9) NONATTAINMENT AREA.—The term ‘‘non-
Secretary of Labor or a State Apprenticeship control technology’’ means a technology, attainment area’’ has the meaning given
Agency. technique, or measure that— such term in section 171 of the Clean Air Act
(E) As applicable, whether the applicant (A) captures the emissions of nitrogen (42 U.S.C. 7501).
will recruit and retain skilled workers oxide, particulate matter, reactive organic (10) PORT.—The term ‘‘port’’ includes a
through a State-approved joint labor man- compounds, and greenhouse gases from the maritime port and an inland port.
agement apprenticeship program. auxiliary engine and auxiliary boiler of an (11) PORT AUTHORITY.—The term ‘‘port au-
(e) OUTREACH.— ocean-going vessel at berth; thority’’ means a governmental or quasi-gov-
(1) IN GENERAL.—Not later than 90 days (B) is verified or approved by a State or ernmental authority formed by a legislative
after funds are made available to carry out Federal air quality regulatory agency; body to operate a port.
this section, the Administrator shall develop (C) the use of which achieves at least the (12) PROJECT LABOR AGREEMENT.—The term
and carry out an educational outreach pro- equivalent reduction of emissions as the use ‘‘project labor agreement’’ means a pre-hire
gram to promote and explain the grant pro- of shore power for an ocean-going vessel at collective bargaining agreement with one or
gram established under subsection (a) to pro- berth; more labor organization that establishes the
spective grant recipients. (D) the use of which results in reducing terms and conditions of employment for a
(2) PROGRAM COMPONENTS.—In carrying out emissions of the auxiliary engine of an specific construction project and is described
the outreach program developed under para- ocean-going vessel at berth to a rate of less in section 8(f) of the National Labor Rela-
graph (1), the Administrator shall— than— tions Act (29 U.S.C. 158(f)).
(A) inform prospective grant recipients (i) 2.8 g/kW-hr for nitrogen oxide; (13) REGISTERED APPRENTICE.—The term
how to apply for a grant awarded under this (ii) 0.03 g/kW-hr for particulate matter 2.5; ‘‘registered apprentice’’ means a person who
section; and is participating in a registered apprentice-
(B) describe to prospective grant recipients (iii) 0.1 g/kW-hr for reactive organic com- ship program.
the benefits of available zero emissions port pounds; and (14) REGISTERED APPRENTICESHIP PRO-
equipment and technology; (E) reduces the emissions of the auxiliary GRAM.—The term ‘‘registered apprenticeship
(C) explain to prospective grant recipients engine and boiler of an ocean-going vessel at program’’ means a program registered pursu-
the benefits of participating in the grant berth by at least 80 percent of the default ant to the Act of August 16, 1937 (commonly
program established under this section; and emissions rate, which is 13.8 g. known as the ‘‘National Apprenticeship
(D) facilitate the sharing of best practices (4) CRITERIA POLLUTANT.—The term ‘‘cri- Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et
and lessons learned between grant recipients teria pollutant’’ means each of the following: seq.).
dlhill on DSK120RN23PROD with HOUSE
and prospective grant recipients with respect (A) Ground-level ozone. (15) SHORE POWER.—The term ‘‘shore
to how to apply for and use grants awarded (B) Particulate matter. power’’ means the provision of shoreside
under this section. (C) Carbon monoxide. electrical power to a ship at berth that has
(f) REPORTS.— (D) Lead. shut down main and auxiliary engines.
(1) REPORT TO ADMINISTRATOR.—Not later (E) Sulfur dioxide. (16) STATE APPRENTICESHIP AGENCY.—The
than 90 days after the date on which an eligi- (F) Nitrogen dioxide. term ‘‘State Apprenticeship Agency’’ has the
ble entity uses a grant awarded under this (5) DISTRIBUTED ENERGY RESOURCE.— meaning given such term in section 29.2 of
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H4914 CONGRESSIONAL RECORD — HOUSE September 24, 2020
title 29, Code of Federal Regulations (as in Administrator shall provide grants to eligi- vironment and Public Works and Energy and
effect on January 1, 2020). ble entities to assist the eligible entities in— Natural Resources of the Senate a report de-
(17) ZERO EMISSIONS PORT EQUIPMENT AND (1) building capacity to address issues re- scribing the ways by which the grant pro-
TECHNOLOGY.— lating to climate justice; and gram under this subsection has helped eligi-
(A) IN GENERAL.—The term ‘‘zero emissions (2) carrying out any activity described in ble entities address issues relating to energy
port equipment and technology’’ means subsection (d). and climate justice.
equipment and technology, including the (b) ELIGIBILITY.—To be eligible to receive a (2) PUBLIC AVAILABILITY.—The Adminis-
equipment and technology described in sub- grant under subsection (a), an eligible entity trator shall make each report required under
paragraph (B), that— shall be a tribal government, local govern- paragraph (1) available to the public (includ-
(i) is used at a port; and ment, or nonprofit, community-based organi- ing by posting a copy of the report on the
(ii) (I) produces zero exhaust emissions of— zation. website of the Environmental Protection
(aa) any criteria pollutant and precursor (c) APPLICATION.—To be eligible to receive Agency).
thereof; and a grant under subsection (a), an eligible enti- (g) AUTHORIZATION OF APPROPRIATIONS.—
(bb) any greenhouse gas, other than water ty shall submit to the Administrator an ap- There is authorized to be appropriated to
vapor; or plication at such time, in such manner, and carry out this subsection $1,000,000,000 for
(II) captures 100 percent of the exhaust containing such information as the Adminis- each of fiscal years 2021 through 2025. The
emissions produced by an ocean-going vessel trator may require, including— Administrator may not use more than 2 per-
at berth. (1) an outline describing the means by cent of the amount appropriated for each fis-
(B) EQUIPMENT AND TECHNOLOGY DE- which the project proposed by the eligible cal year for administrative expenses, includ-
SCRIBED.—The equipment and technology de- entity will— ing outreach and technical assistance to eli-
scribed in this subparagraph is the following: (A) with respect to climate justice issues gible entities.
(i) Any equipment that handles cargo. at the local level, increase the understanding
AMENDMENT NO. 6 OFFERED BY MS. BARRAGÁN
(ii) A drayage truck that transports cargo. of the environmental justice community at
OF CALIFORNIA
(iii) A train that transports cargo. which the eligible entity will conduct the
project; Page 222, line 14, strike ‘‘$200,000,000’’ and
(iv) Port harbor craft. insert ‘‘$250,000,000’’.
(v) A distributed energy resource. (B) improve the ability of the environ-
mental justice community to address each AMENDMENT NO. 7 OFFERED BY MS. BLUNT
(vi) An energy storage system.
issue described in subparagraph (A); ROCHESTER OF DELAWARE
(vii) Electrical charging infrastructure.
(viii) Shore power or an alternative emis- (C) facilitate collaboration and coopera- Add at the end of title XII the following:
sions control technology. tion among various stakeholders (including Subtitle G—Open Back Better
(ix) An electric transport refrigeration members of the environmental justice com-
SEC. 12701. FACILITIES ENERGY RESILIENCY.
unit. munity); and
(D) support the ability of the environ- (a) DEFINITIONS.—In this section:
AMENDMENT NO. 3 OFFERED BY MS. BARRAGÁN (1) COVERED PROJECT.—The term ‘‘covered
mental justice community to proactively
OF CALIFORNIA project’’ means a building project at an eligi-
plan and implement climate justice initia-
Page 784, line 22, strike ‘‘$10,000,000’’ and tives, ble facility that—
insert ‘‘$50,000,000’’. (2) a proposed budget for each activity of (A) increases—
AMENDMENT NO. 4 OFFERED BY MS. BARRAGÁN the project that is the subject of the applica- (i) resiliency, including—
OF CALIFORNIA tion; (I) public health and safety;
Page 131, line 12, strike ‘‘$310,000,000’’ and (3) a list of proposed outcomes with respect (II) power outages;
insert ‘‘$410,000,000’’. to the proposed project; (III) natural disasters;
Page 131, line 13, strike ‘‘$330,000,000’’ and (4) a description of the ways by which the (IV) indoor air quality; and
insert ‘‘$430,000,000’’. eligible entity may leverage the funds of the (V) any modifications necessitated by the
Page 131, line 14, strike ‘‘$350,000,000’’ and eligible entity, or the funds made available COVID–19 pandemic;
insert ‘‘$450,000,000’’. through a grant under this subsection, to de- (ii) energy efficiency;
Page 131, line 15, strike ‘‘$350,000,000’’ and (iii) renewable energy; and
velop a project that is capable of being sus-
insert ‘‘$450,000,000’’. (iv) grid integration; and
Page 131, line 16, strike ‘‘$350,000,000’’ and tained beyond the period of the grant; and
(5) a description of the ways by which the (B) may have combined heat and power and
insert ‘‘$450,000,000’’. energy storage as project components.
eligible entity is linked to, and representa-
AMENDMENT NO. 5 OFFERED BY MS. BARRAGÁN (2) EARLY CHILDHOOD EDUCATION PRO-
tive of, the environmental justice commu-
OF CALIFORNIA GRAM.—The term ‘‘early childhood education
nity at which the eligible entity will conduct
Page 745, after line 15, insert the following: the project. program’’ has the meaning given the term in
(29) CLIMATE JUSTICE.—The term ‘‘climate (d) USE OF FUNDS.—An eligible entity may section 103 of the Higher Education Act of
justice’’ means the fair treatment and mean- only use a grant under this subsection to 1965 (20 U.S.C. 1003).
ingful involvement of all individuals, regard- carry out culturally and linguistically ap- (3) ELEMENTARY SCHOOL.—The term ‘‘ele-
less of race, color, culture, national origin, propriate projects and activities that are mentary school’’ has the meaning given the
educational level, or income, with respect to driven by the needs, opportunities, and prior- term in section 8101 of the Elementary and
the development, implementation, and en- ities of the environmental justice commu- Secondary Education Act of 1965 (20 U.S.C.
forcement of policies and projects that ad- nity at which the eligible entity proposes to 7801).
dress climate change, a recognition of the conduct the project or activity to address (4) ELIGIBLE FACILITY.—The term ‘‘eligible
historical responsibilities for climate climate justice concerns of the environ- facility’’ means a public facility, as deter-
change, and a commitment that the people mental justice community, including activi- mined by the Secretary, including—
and communities least responsible for cli- ties— (A) a public school, including an elemen-
mate change, and most vulnerable to the im- (1) to create or develop collaborative part- tary school and a secondary school;
pacts of climate change, do not suffer dis- nerships; (B) a facility used to operate an early
proportionately as a result of historical in- (2) to educate and provide outreach serv- childhood education program;
justice and disinvestment. ices to the environmental justice community (C) a local educational agency;
(30) NATURAL INFRASTRUCTURE.—The term on climate justice; (D) a medical facility;
‘‘natural infrastructure’’ means infrastruc- (3) to identify and implement projects to (E) a local or State government building;
ture that uses, restores, or emulates natural address climate justice concerns, including (F) a community facility;
ecological processes and— community solar and wind energy projects, (G) a public safety facility;
(A) is created through the action of nat- energy efficiency, home and building elec- (H) a day care center;
ural physical, geological, biological, and trification, home and building weatheriza- (I) an institution of higher education;
chemical processes over time; tion, energy storage, solar and wind energy (J) a public library; and
(B) is created by human design, engineer- supported microgrids, battery electric vehi- (K) a wastewater treatment facility.
ing, and construction to emulate or act in cles, electric vehicle charging infrastructure, (5) ENVIRONMENTAL JUSTICE COMMUNITY.—
concert with natural processes; or natural infrastructure, and climate resilient The term ‘‘environmental justice commu-
(C) involves the use of plants, soils, and infrastructure. nity’’ means a community with significant
other natural features, including through (e) LIMITATIONS ON AMOUNT.—The amount representation of communities of color, low
the creation, restoration, or preservation of of a grant under this section may not exceed income communities, or Tribal and indige-
vegetated areas using materials appropriate $2,000,000 for any grant recipient. nous communities, that experiences, or is at
dlhill on DSK120RN23PROD with HOUSE
to the region to manage stormwater and run- (f) REPORT.— risk of experiencing, higher or more adverse
off, to attenuate flooding and storm surges, (1) IN GENERAL.—Not later than 1 year after human health or environmental effects.
and for other related purposes. the date of enactment of this Act, and annu- (6) INSTITUTION OF HIGHER EDUCATION.—The
Page 812, after line 17, insert the following: ally thereafter, the Administrator shall sub- term ‘‘institution of higher education’’ has
SEC. 11017. CLIMATE JUSTICE GRANT PROGRAM. mit to the Committees on Energy and Com- the meaning given the term in section 101 of
(a) ESTABLISHMENT.—The Administrator merce and Natural Resources of the House of the Higher Education Act of 1965 (20 U.S.C.
shall establish a program under which the Representatives and the Committees on En- 1001).
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September 24, 2020 CONGRESSIONAL RECORD — HOUSE H4915
(7) LOCAL EDUCATIONAL AGENCY.—The term (E) GUIDANCE.—In carrying out a covered (C) the Committee on Energy and Natural
‘‘local educational agency’’ has the meaning project using grant funds received under Resources of the Senate;
given the term in section 8101 of the Elemen- paragraph (1), a State shall, to the extent (D) the Committee on Energy and Com-
tary and Secondary Education Act of 1965 (20 practicable, adhere to guidance developed by merce of the House of Representatives; and
U.S.C. 7801). the Secretary pursuant to the American Re- (E) the Committee on Education and Labor
(8) LOW INCOME.—The term ‘‘low income’’, covery and Reinvestment Act of 2009 (Public of the House of Representatives.
with respect to a household, means an an- Law 111–5; 123 Stat. 115) relating to distribu- (4) FUNDING.—In addition to any amounts
nual household income equal to, or less than, tion of funds, if that guidance will speed the made available to the Secretary to carry out
the greater of— distribution of funds under this subsection. the AFFECT program described in paragraph
(A) 80 percent of the median income of the (3) NO MATCHING REQUIREMENT.—Notwith- (1), there is authorized to be appropriated to
area in which the household is located, as re- standing any other provision of law, a State the Secretary $500,000,000 to carry out this
ported by the Department of Housing and receiving a grant under paragraph (1) shall subsection, to remain available until Sep-
Urban Development; and not be required to provide any amount of
tember 30, 2025.
(B) 200 percent of the Federal poverty line. matching funding.
(9) LOW INCOME COMMUNITY.—The term (4) REPORT.—Not later than 1 year after (d) TRIBAL ORGANIZATIONS.—
‘‘low income community’’ means a census the date on which grants are distributed (1) IN GENERAL.—Not later than 60 days
block group in which not less than 30 percent under paragraph (1), and each year thereafter after the date of enactment of this Act, the
of households are low income. until the funds appropriated under paragraph Secretary, acting through the head of the Of-
(10) SECONDARY SCHOOL.—The term ‘‘sec- (5) are no longer available, the Secretary fice of Indian Energy, shall distribute funds
ondary school’’ has the meaning given the shall submit a report on the use of those made available under paragraph (3) to tribal
term in section 8101 of the Elementary and funds (including in the communities de- organizations to implement covered projects.
Secondary Education Act of 1965 (20 U.S.C. scribed in paragraph (2)(C)) to— (2) REPORT.—Not later than 1 year after
7801). (A) the Subcommittee on Energy and the date on which funds are distributed
(11) SECRETARY.—The term ‘‘Secretary’’ Water Development of the Committee on Ap- under paragraph (1), and each year thereafter
means the Secretary of Energy. propriations of the Senate; until the funds made available under para-
(12) STATE.—The term ‘‘State’’ has the (B) the Subcommittee on Energy and graph (3) are no longer available, the Sec-
meaning given the term in section 3 of the Water Development and Related Agencies of retary shall submit a report on the use of
Energy Policy and Conservation Act (42 the Committee on Appropriations of the those funds to—
U.S.C. 6202). House of Representatives; (A) the Subcommittee on Energy and
(13) STATE ENERGY PROGRAM.—The term (C) the Committee on Energy and Natural Water Development of the Committee on Ap-
‘‘State Energy Program’’ means the State Resources of the Senate;
propriations of the Senate;
Energy Program established under part D of (D) the Committee on Energy and Com-
(B) the Subcommittee on Energy and
title III of the Energy Policy and Conserva- merce of the House of Representatives; and
Water Development and Related Agencies of
tion Act (42 U.S.C. 6321 et seq.). (E) the Committee on Education and Labor
(14) TRIBAL ORGANIZATION.— of the House of Representatives. the Committee on Appropriations of the
(A) IN GENERAL.—The term ‘‘tribal organi- (5) FUNDING.—In addition to any amounts House of Representatives;
zation’’ has the meaning given the term in made available to the Secretary to carry out (C) the Committee on Energy and Natural
section 3765 of title 38, United States Code. the State Energy Program, there is author- Resources of the Senate;
(B) TECHNICAL AMENDMENT.—Section 3765(4) ized to be appropriated to the Secretary (D) the Committee on Energy and Com-
of title 38, United States Code, is amended by $18,000,000,000 to carry out this subsection, to merce of the House of Representatives; and
striking ‘‘section 4(l) of the Indian Self-De- remain available until September 30, 2025. (E) the Committee on Education and Labor
termination and Education Assistance Act (6) SUPPLEMENT, NOT SUPPLANT.—Funds of the House of Representatives.
(25 U.S.C. 450b(l))’’ and inserting ‘‘section 4 made available under paragraph (5) shall (3) FUNDING.—There is authorized to be ap-
of the Indian Self-Determination and Edu- supplement, not supplant, any other funds propriated to the Secretary $1,500,000,000 to
cation Assistance Act (25 U.S.C. 5304)’’. made available to States for the State En- carry out this subsection, to remain avail-
(b) STATE PROGRAMS.— ergy Program or the weatherization assist- able until September 30, 2025.
(1) ESTABLISHMENT.—Not later than 60 days ance program established under part A of (e) USE OF AMERICAN IRON, STEEL, AND
after the date of enactment of this Act, the title IV of the Energy Conservation and Pro-
Secretary shall distribute grants to States MANUFACTURED GOODS.—
duction Act (42 U.S.C. 6861 et seq.).
under the State Energy Program, in accord- (c) FEDERAL ENERGY MANAGEMENT PRO- (1) IN GENERAL.—Except as provided in
ance with the allocation formula established GRAM.— paragraph (2), none of the funds made avail-
under that Program, to implement covered (1) IN GENERAL.—Not later than 60 days able by or pursuant to this section may be
projects. after the date of enactment of this Act, the used for a covered project unless all of the
(2) USE OF FUNDS.— Secretary shall use the funds appropriated iron, steel, and manufactured goods used in
(A) IN GENERAL.—Subject to subparagraph under paragraph (4) to provide grants under the project are produced in the United
(B), grant funds under paragraph (1) may be the AFFECT program under the Federal En- States.
used for technical assistance, project facili- ergy Management Program of the Depart- (2) EXCEPTIONS.—The requirement under
tation, and administration. ment of Energy to implement covered paragraph (1) shall be waived by the head of
(B) TECHNICAL ASSISTANCE.—A State may projects. the relevant Federal department or agency
use not more than 10 percent of grant funds (2) PRIVATE FINANCING.—A recipient of a in any case or category of cases in which the
received under paragraph (1) to provide tech- grant under paragraph (1) shall— head of the relevant Federal department or
nical assistance for the development, facili- (A) to the extent practicable, leverage pri- agency determines that—
tation, management, oversight, and meas- vate financing for cost-effective energy effi- (A) adhering to that requirement would be
urement of results of covered projects imple- ciency, renewable energy, resiliency, and inconsistent with the public interest;
mented using those funds. other smart-building improvements, such as (B) the iron, steel, and manufactured goods
(C) ENVIRONMENTAL JUSTICE AND OTHER by entering into an energy service perform- needed for the project are not produced in
COMMUNITIES.—To support communities ad- ance contract; but the United States—
versely impacted by the COVID–19 pandemic, (B) maintain the use of grant funds to (i) in sufficient and reasonably available
a State shall use not less than 40 percent of carry out covered projects with more project quantities; and
grant funds received under paragraph (1) to resiliency, public health, and capital-inten- (ii) in a satisfactory quality; or
implement covered projects in environ- sive efficiency and emission reduction com- (C) the inclusion of iron, steel, and rel-
mental justice communities or low income ponents than are typically available through evant manufactured goods produced in the
communities. private energy service performance con- United States would increase the overall
(D) PRIVATE FINANCING.—A State receiving tracts. cost of the project by more than 25 percent.
a grant under paragraph (1) shall— (3) REPORT.—Not later than 1 year after (3) WAIVER PUBLICATION.—If the head of a
(i) to the extent practicable, leverage pri- the date on which grants are distributed Federal department or agency makes a de-
vate financing for cost-effective energy effi- under paragraph (1), and each year thereafter termination under paragraph (2) to waive the
ciency, renewable energy, resiliency, and until the funds appropriated under paragraph requirement under paragraph (1), the head of
other smart-building improvements, such as (4) are no longer available, the Secretary
the Federal department or agency shall pub-
by entering into an energy service perform- shall submit a report on the use of those
lish in the Federal Register a detailed jus-
ance contract; but funds to—
tification for the waiver.
dlhill on DSK120RN23PROD with HOUSE
(ii) maintain the use of grant funds to (A) the Subcommittee on Energy and
(4) INTERNATIONAL AGREEMENTS.—This sub-
carry out covered projects with more project Water Development of the Committee on Ap-
section shall be applied in a manner con-
resiliency, public health, and capital-inten- propriations of the Senate;
sive efficiency and emission reduction com- (B) the Subcommittee on Energy and sistent with the obligations of the United
ponents than are typically available through Water Development and Related Agencies of States under all applicable international
private energy service performance con- the Committee on Appropriations of the agreements.
tracts. House of Representatives; (f) WAGE RATE REQUIREMENTS.—
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H4916 CONGRESSIONAL RECORD — HOUSE September 24, 2020
(1) IN GENERAL.—Notwithstanding any SEC. 1603. PROHIBITION ON CATEGORY 1 RES- existing diesel-powered transport refrigera-
other provision of law, all laborers and me- PIRATORY SENSITIZERS. tion unit in such vehicle with an electric
chanics employed by contractors and sub- Thermal insulating materials for building transport refrigeration unit and retiring the
contractors on projects funded directly or as- elements including walls, floors, ceilings, at- replaced unit for scrappage.
sisted in whole or in part by the Federal tics and roofs insulation, used for ‘‘Low In- (2) SHORE POWER INFRASTRUCTURE.—A
Government pursuant to this section shall be come Home Energy Assistance’’ and ‘‘Weath- project to purchase and install shore power
paid wages at rates not less than those pre- erization Assistance Program’’ shall not con- infrastructure or other equipment that en-
vailing on projects of a similar character in tain any substance that is a Category 1 res- ables transport refrigeration units to con-
the locality, as determined by the Secretary piratory sensitizer as defined in Appendix A nect to electric power and operate without
of Labor in accordance with subchapter IV of to section 1910.1200 of title 29, Code of Fed- using diesel fuel.
chapter 31 of title 40, United States Code eral Regulations, (specifically, Appendix A.4, (c) MAXIMUM AMOUNTS.—The amount of an
(commonly known as the ‘‘Davis-Bacon ‘‘Respiratory or Skin Sensitization’’), if such award of funds under subsection (a) shall not
Act’’). substance was intentionally added or is exceed—
(2) AUTHORITY.—With respect to the labor present at greater than 0.1 percent (1000 ppm) (1) for the costs of a project described in
standards specified in paragraph (1), the Sec- by weight in the product. subsection (b)(1), 75 percent of such costs;
retary of Labor shall have the authority and AMENDMENT NO. 9 OFFERED BY MR. BURGESS OF and
functions set forth in Reorganization Plan TEXAS (2) for the costs of a project described in
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. Add at the end of subtitle F of title XII the subsection (b)(2), 55 percent of such costs.
App.) and section 3145 of title 40, United following: (d) APPLICATIONS.—To be eligible to receive
States Code. SEC. 12607. EFFECTIVE DATE. an award of funds under subsection (a), an el-
SEC. 12702. PERSONNEL. This Act, and the amendments made by igible entity shall submit to the Adminis-
(a) IN GENERAL.—To carry out section this Act, shall not take effect until the date trator—
12701, the Secretary of Energy shall hire on which the Secretary of Energy submits to (1) a description of the air quality in the
within the Department of Energy— Congress a certification that implementa- area served by the eligible entity, including
(1) not less than 300 full-time employees in tion of this Act, and the amendments made a description of how the air quality is af-
the Office of Energy Efficiency and Renew- by this Act, will not reduce the energy secu- fected by diesel emissions from heavy-duty
able Energy; rity or energy independence of the United vehicles;
(2) not less than 100 full-time employees, to States. (2) a description of the project proposed by
be distributed among— the eligible entity, including—
AMENDMENT NO. 10 OFFERED BY MR. BURGESS
(A) the Office of General Counsel; (A) any technology to be used or funded by
OF TEXAS
(B) the Office of Procurement Policy; the eligible entity; and
Add at the end of subtitle F of title XII the (B) a description of the heavy-duty vehicle
(C) the Golden Field Office; following:
(D) the National Energy Technology Lab- or vehicles of the eligible entity, that will be
SEC. 12607. EFFECTIVE DATE. retrofitted, if any, including—
oratory; and
(E) the Office of the Inspector General; and This Act, and the amendments made by (i) the number of such vehicles;
(3) not less than 20 full-time employees in this Act, shall not take effect until the date (ii) the uses of such vehicles;
the Office of Indian Energy. on which the Secretary of Energy submits to (iii) the locations where such vehicles dock
Congress a certification that implementa- for the purpose of loading or unloading; and
(b) TIMELINE.—Not later than 60 days after
tion of this Act, and the amendments made (iv) the routes driven by such vehicles, in-
the date of enactment of this Act, the Sec-
by this Act, will not increase electric rates cluding the times at which such vehicles are
retary shall—
or gasoline prices outside of normal market driven;
(1) hire all personnel under subsection (a);
factors. (3) an estimate of the cost of the proposed
or
AMENDMENT NO. 11 OFFERED BY MR. BURGESS project;
(2) certify that the Secretary is unable to
OF TEXAS (4) a description of the age and expected
hire all personnel by the date required under
lifetime control of the equipment used or
this subsection. At the end of subtitle F of title XII, add
funded by the eligible entity; and
(c) CONTRACT HIRES.— the following:
(5) provisions for the monitoring and
(1) IN GENERAL.—If the Secretary makes a SEC. 12llll. REPORT ON MINING OF CRITICAL
verification of the project including to verify
certification under subsection (b)(2), the Sec- MINERALS USING FORCED LABOR IN
FOREIGN COUNTRIES. scrappage of replaced units.
retary may hire on a contract basis not more (e) PRIORITY.—In awarding funds under
than 50 percent of the personnel required to Not later than 180 days after the date of
the enactment of this Act, the Secretary of subsection (a), the Administrator shall give
be hired under subsection (a). priority to proposed projects that, as deter-
(2) DURATION.—An individual hired on a the Interior, in consultation with the Com-
missioner of U.S. Customs and Border Pro- mined by the Administrator—
contract basis under paragraph (1) shall have (1) maximize public health benefits;
an employment term of not more than 1 tection and the Secretary of State, shall sub-
mit to the Congress a report evaluating the (2) are the most cost-effective; and
year. (3) will serve the communities that are
(d) AUTHORIZATION OF APPROPRIATIONS.— use of child labor, slavery, or human traf-
ficking to mine or otherwise obtain one or most polluted by diesel motor emissions, in-
There is authorized to be appropriated to the cluding communities that the Administrator
Secretary to carry out this section $84,000,000 more of the minerals listed in the Notice of
the Department of the Interior entitled identifies as being in either nonattainment
for each of fiscal years 2021 through 2031. or maintenance of the national ambient air
‘‘Final List of Critical Minerals 2018’’ (83
(e) REPORT.—Not later than 60 days after quality standards for a criteria pollutant,
Fed. Reg. 23295), or in any successor notice
the date of enactment of this Act, and annu- particularly for—
updating such Final List, for export to the
ally thereafter for 2 years, the Secretary (A) ozone; and
United States.
shall submit a report on progress made in (B) particulate matter.
carrying out subsection (a) to— AMENDMENT NO. 16 OFFERED BY MS. CLARKE OF
(f) DATA RELEASE.—Not later than 120 days
(1) the Subcommittee on Energy and Water NEW YORK
after the date on which an award of funds is
Development of the Committee on Appro- At the end of title VI, add the following: made under this section, the Administrator
priations of the Senate; Subtitle G—Clean Refrigerated Vehicles shall publish on the website of the Environ-
(2) the Subcommittee on Energy and Water Program mental Protection Agency, on a
Development and Related Agencies of the SEC. 6701. PILOT PROGRAM FOR THE ELEC- downloadable electronic database, informa-
Committee on Appropriations of the House TRIFICATION OF CERTAIN REFRIG- tion with respect to such award of funds, in-
of Representatives; ERATED VEHICLES. cluding—
(3) the Committee on Energy and Natural (a) ESTABLISHMENT OF PILOT PROGRAM.— (1) the name and location of the recipient;
Resources of the Senate; The Administrator shall establish and carry (2) the total amount of funds awarded;
(4) the Committee on Energy and Com- out a pilot program to award funds, in the (3) the intended use or uses of the awarded
merce of the House of Representatives; and form of grants, rebates, and low-cost revolv- funds;
(5) the Committee on Education and Labor ing loans, as determined appropriate by the (4) the date on which the award of funds
of the House of Representatives. Administrator, on a competitive basis, to el- was approved;
AMENDMENT NO. 8 OFFERED BY MR. BROWN OF igible entities to carry out projects described (5) where applicable, an estimate of any air
MARYLAND in subsection (b). pollution or greenhouse gas emissions avoid-
dlhill on DSK120RN23PROD with HOUSE
(b) PROJECTS.—An eligible entity receiving ed as a result of the project funded by the
Page 2, after the item relating to section
an award of funds under subsection (a) may award; and
1602, insert the following:
use such funds only for one or more of the (6) any other data the Administrator deter-
Sec. 1603. Prohibition on category 1 res- following projects: mines to be necessary for an evaluation of
piratory sensitizers. (1) TRANSPORT REFRIGERATION UNIT RE- the use and effect of awarded funds provided
At the end of subtitle F of title I, insert PLACEMENT.—A project to retrofit a heavy- under this section.
the following: duty vehicle by replacing or retrofitting the (g) REPORTS TO CONGRESS.—
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September 24, 2020 CONGRESSIONAL RECORD — HOUSE H4917
(1) ANNUAL REPORT TO CONGRESS.—Not later (B) a nonprofit organization or institution (B) a local governmental entity;
than 1 year after the date of the establish- that— (C) an Indian Tribe;
ment of the pilot program under this section, (i) represents or provides pollution reduc- (D) a nonprofit organization; and
and annually thereafter until amounts made tion or educational services to persons or or- (E) a retail power provider.
available to carry out this section are ex- ganizations that own or operate heavy-duty (3) ENERGY BURDEN.—The term ‘‘energy
pended, the Administrator shall submit to vehicles or fleets of heavy-duty vehicles; or burden’’ means the percentage of household
Congress and make available to the public a (ii) has, as its principal purpose, the pro- income spent on home energy bills.
report that describes, with respect to the ap- motion of air quality; (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
plicable year— (C) an individual or entity that is the has the meaning given the term ‘‘Indian
(A) the number of applications for awards owner of record of a heavy-duty vehicle or a tribe’’ in section 4 of the Indian Self-Deter-
of funds received under such program; fleet of heavy-duty vehicles that operates for mination and Education Assistance Act (25
(B) all awards of funds made under such the transportation and delivery of perishable U.S.C. 5304).
program, including a summary of the data goods or other goods requiring climate-con- (5) LOCAL GOVERNMENTAL ENTITY.—The
described in subsection (f); trolled conditions; term ‘‘local governmental entity’’ means
(C) the estimated reduction of annual (D) an individual or entity that is the any municipal government or county govern-
emissions of air pollutants regulated under owner of record of a facility that operates as ment with jurisdiction over local land use
section 109 of the Clean Air Act (42 U.S.C. a warehouse or storage facility for perishable decisions.
7409), and the estimated reduction of green- goods or other goods requiring climate-con- (6) NONPROFIT ORGANIZATION.—The term
house gas emissions, associated with the trolled conditions; or ‘‘nonprofit organization’’ means an organiza-
awards of funds made under such program; (E) a hospital or public health institution tion that—
(D) the number of awards of funds made that utilizes refrigeration for storage of per- (A) is described in section 170(h)(3) of the
under such program for projects in commu- ishable goods or other goods requiring cli- Internal Revenue Code of 1986; and
nities described in subsection (e)(3); and mate-controlled conditions. (B) operates in accordance with 1 or more
(E) any other data the Administrator de- (5) HEAVY-DUTY VEHICLE.—The term of the purposes described in section
termines to be necessary to describe the im- ‘‘heavy-duty vehicle’’ means— 170(h)(4)(A) of that Code.
plementation, outcomes, or effectiveness of (A) a commercial truck or van— (7) PROGRAM.—The term ‘‘Program’’ means
such program. (i) used for the primary purpose of trans- the grant program established under sub-
(2) FINAL REPORT.—Not later than 1 year porting perishable goods or other goods re- section (b)(1).
after amounts made available to carry out quiring climate-controlled conditions; and (8) PROJECT.—The term ‘‘project’’ means a
this section are expended, or 5 years after (ii) with a gross vehicle weight rating tree planting project carried out by an eligi-
the pilot program is established, whichever greater than 6,000 pounds; or ble entity using grant funds awarded under
comes first, the Administrator shall submit (B) an insulated cargo trailer used in the Program.
to Congress and make available to the public transporting perishable goods or other goods (9) RETAIL POWER PROVIDER.—The term ‘‘re-
a report that describes— requiring climate-controlled conditions tail power provider’’ means any entity au-
(A) all of the information collected for the when mounted on a semitrailer. thorized under applicable State or Federal
annual reports under paragraph (1); .—The law to generate, distribute, or provide retail
(6) S HORE POWER INFRASTRUCTURE
(B) any benefits to the environment or electricity, natural gas, or fuel oil service.
term ‘‘shore power infrastructure’’ means
human health that could result from the (10) SECRETARY.—The term ‘‘Secretary’’
electrical infrastructure that provides power
widespread application of electric transport means the Secretary of Energy.
to the electric transport refrigeration unit of
refrigeration units for short-haul transpor- (b) ESTABLISHMENT.—
a heavy-duty vehicle when such vehicle is
tation and delivery of perishable goods or (1) IN GENERAL.—The Secretary, in coordi-
stationary on a property where such vehicle
other goods requiring climate-controlled nation with the Secretary of Agriculture,
is parked or loaded, including a food dis-
conditions, including in low-income commu- acting through the Chief of the Forest Serv-
tribution center or other location where
nities and communities of color; ice, shall establish a program under which
heavy-duty vehicles congregate.
(C) any challenges or benefits that recipi- the Secretary shall award grants to eligible
(7) TRANSPORT REFRIGERATION UNIT.—The
ents of awards of funds under such program entities to conduct tree planting projects in
reported with respect to the integration or term ‘‘transport refrigeration unit’’ means a
accordance with this section.
use of electric transport refrigeration units climate-control system installed on a heavy-
(2) TREE PLANTING.—Subject to the avail-
and associated technologies; duty vehicle for the purpose of maintaining
ability of appropriations, in carrying out the
(D) an assessment of the national market the quality of perishable goods or other
Program, the Secretary shall, to the max-
potential for electric transport refrigeration goods requiring climate-controlled condi-
imum extent practicable, award sufficient
units; tions.
(i) AUTHORIZATION OF APPROPRIATIONS.— grants each year to plant not less than
(E) an assessment of challenges and oppor- 300,000 trees each year.
(1) IN GENERAL.—There is authorized to be
tunities for widespread deployment of elec- (c) APPLICATIONS.—
appropriated to carry out this section
tric transport refrigeration units, including (1) IN GENERAL.—An eligible entity that
$10,000,000, to remain available until ex-
in urban areas; and seeks to receive a grant under the Program
pended.
(F) recommendations for how future Fed- shall submit an application to the Secretary
(2) ADMINISTRATIVE EXPENSES.—The Ad-
eral, State, and local programs can best sup- at such time, in such form, and containing
ministrator may use not more than 1 percent
port the adoption and widespread deploy- such information as the Secretary may re-
of amounts made available pursuant to para-
ment of electric transport refrigeration quire, including the information described in
graph (1) for administrative expenses to
units. paragraph (2).
(h) DEFINITIONS.—In this section: carry out this section.
(2) CONTENTS.—An application submitted
(1) ADMINISTRATOR.—The term ‘‘Adminis- AMENDMENT NO 17 OFFERED BY MR. CLEAVER OF under paragraph (1) shall include—
trator’’ means the Administrator of the En- MISSOURI (A) a description of how the project will re-
vironmental Protection Agency. At the end of subtitle F of title XII, add duce residential energy consumption;
(2) DIESEL-POWERED TRANSPORT REFRIGERA- the following: (B) an estimate of the expected reduction
TION UNIT.—The term ‘‘diesel-powered trans- SEC. 12607. TREE PLANTING GRANT PROGRAM. in residential energy consumption;
port refrigeration unit’’ means a transport (a) DEFINITIONS.—In this section: (C) a description of the total eligible costs
refrigeration unit that is powered by an (1) ELIGIBLE COST.—The term ‘‘eligible of the project and sources of funding for the
independent diesel internal combustion en- cost’’ means, with respect to a project— project;
gine. (A) the cost of implementing the project, (D) a description of the anticipated com-
(3) ELECTRIC TRANSPORT REFRIGERATION including— munity and stakeholder engagement in the
UNIT.—The term ‘‘electric transport refrig- (i) planning and designing the planting ac- project;
eration unit’’ means a transport refrigera- tivity; (E) a description of the tree species to be
tion unit in which the refrigeration or cli- (ii) purchasing trees; and planted and how that species is suitable for
mate-control system is driven by an electric (iii) preparing the site and conducting the local environmental conditions and cli-
motor when connected to shore power infra- planting, including the labor and cost associ- mate; and
structure or other equipment that enables ated with the use of machinery; (F) any other relevant information re-
transport refrigeration units to connect to (B) the cost of maintaining and monitoring quired by the Secretary.
electric power, including all-electric trans- planted trees for a period of up to 3 years to (d) PRIORITY.—In awarding grants under
port refrigeration units, hybrid electric ensure successful establishment of the trees; the Program, the Secretary shall give pri-
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transport refrigeration units, and standby (C) the cost of training activities associ- ority to projects that—
electric transport refrigeration units. ated with the project; and (1) provide the largest potential reduction
(4) ELIGIBLE ENTITY.—The term ‘‘eligible (D) any other relevant cost, as determined in residential energy consumption for house-
entity’’ means— by the Secretary. holds with a high energy burden;
(A) a regional, State, local, or Tribal agen- (2) ELIGIBLE ENTITY.—The term ‘‘eligible (2) are located in a neighborhood with
cy, or port authority, with jurisdiction over entity’’ means— lower tree canopy cover and higher max-
transportation or air quality; (A) a State agency; imum daytime summer temperatures;
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H4918 CONGRESSIONAL RECORD — HOUSE September 24, 2020
(3) are located in a neighborhood with high (4) the wholesale trade industry; SEC. 1806. WATER HEATERS.
amounts of senior citizens or children; (5) the professional and business services (a) DEFINITION OF WATER HEATER.—Section
(4) will collaboratively engage neighbors industry; and 321 of the Energy Policy and Conservation
and community members that will be closely (6) the manufacturing and operation and Act (42 U.S.C. 6291) is amended by striking
affected by the tree planting; and maintenance industries for component parts paragraph (27) and inserting the following:
(5) will employ a substantial percentage of of clean energy technologies. ‘‘(27) WATER HEATER.—
the workforce locally, with a focus on engag- (i) REPORT ON CURRENT TRENDS AND SHORT- ‘‘(A) IN GENERAL.—The term ‘water heater’
ing unemployed and underemployed persons. AGES.—Not later than 120 days after the date means a product that utilizes oil, gas, or
(e) COSTS.— of enactment of this Act, and on a quarterly electricity to heat potable water for use out-
(1) FEDERAL SHARE.—The Secretary shall basis thereafter, the Secretary shall submit side the heater on demand, including—
award a grant to an eligible entity under the to Congress, based on the data collected ‘‘(i) storage type units that heat and store
Program in an amount equal to not more under subsection (h), a report on— water at a thermostatically controlled tem-
than 75 percent of the eligible costs of the (1) trends and shortages as of the date of perature, including—
project, as determined by the Secretary. such report, and recommendations to pre- ‘‘(I) gas storage water heaters with an
(2) MATCHING REQUIREMENT.—As a condi- pare the workforce to address such trends input of 75,000 Btu per hour or less, including
tion of receiving a grant under the Program, and shortages to meet the demands of a heat pump type units that meet the current
an eligible entity shall provide, in cash or clean energy economy; and and voltage limits under clause (iii);
through in-kind contributions from non-Fed- (2) other recommendations the Secretary ‘‘(II) oil storage water heaters with an
eral sources, matching funds in an amount determines appropriate. input of 105,000 Btu per hour or less; and
equal to not less than 25 percent of the eligi- (j) REPORT ON FUTURE TRENDS AND SHORT- ‘‘(III) electric storage water heaters with
ble costs of the project, as determined by the AGES.—Not later than 1 year after the date of an input of 12 kilowatts or less, including
Secretary. enactment of this Act, the Secretary shall heat pump type units that meet the current
(f) AUTHORIZATION OF APPROPRIATIONS.— submit to Congress, based on the data col- and voltage limits under clause (iii);
There are authorized to be appropriated to lected under subsection (h), a report on— ‘‘(ii)(I) instantaneous type units that heat
carry out the Program $50,000,000 for each of (1) trends and shortages projected in the water but contain not more than 1 gallon of
fiscal years 2021 through 2025. next 10 years, and recommendations to ad- water per 4,000 Btu per hour of input; and
dress such trends and shortages to prepare ‘‘(II) in the case of—
AMENDMENT NO. 19 OFFERED BY MS. DEGETTE
the workforce to meet the demands of a ‘‘(aa) gas instantaneous water heaters,
OF COLORADO
clean energy economy; and have an input of 200,000 Btu per hour or less
Add at the end of title XI the following: (2) other recommendations the Secretary and are designed and marketed to provide
SEC. 11017. ENVIRONMENTAL JUSTICE FOR COM- determines appropriate. outlet hot water at a thermostatically con-
MUNITIES OVERBURDENED BY ENVI- trolled temperature of less than 180 degrees
RONMENTAL VIOLATIONS. AMENDMENT NO. 21 OFFERED BY MR.
DESAULNIER OF CALIFORNIA Fahrenheit;
(a) IDENTIFICATION OF COMMUNITIES.—Not ‘‘(bb) oil instantaneous water heaters, have
later than 180 days after the date of enact- Page 830, after line 5, insert the following:
an input of 210,000 Btu per hour or less; and
ment of this section, the Administrator SEC. 12114. RENEWABLE ENERGY TRANSITION
GRANT PROGRAM. ‘‘(cc) electric instantaneous water heaters,
shall, in consultation with the Advisory have an input of 12 kilowatts or less;
Council and co-regulators in State and local (a) IN GENERAL.—The Secretary of Energy,
in coordination with the Secretary of Labor, ‘‘(iii) heat pump type units (including add-
agencies, identify at least 100 communities— on heat pumps, integrated heat pumps with
(1) that are environmental justice commu- shall establish a grant program for local gov-
ernments for the purpose of developing a storage, split-system heat pumps that con-
nities; and sist of a separate heat pump and storage
(2) in which there have been over the pre- plan to transition workers from employment
in fossil fuel industries to employment in tank that are designed and marketed to op-
vious 5 years a number of violations of envi- erate together, and all ancillary equipment,
ronmental law that the Administrator deter- sustainable industries.
(b) ELIGIBILITY.—The Secretary of Energy such as fans, storage tanks, pumps, electric
mines to be greater than the national aver- resistance heating elements, or controls nec-
may award grants under subsection (a) to
age of such violations. local governments— essary for the device to perform its function)
(b) ANALYSIS AND RECOMMENDATIONS.—Not that—
(1) that establish industry or sector part-
later than 1 year after the enactment of this ‘‘(I) have a maximum current rating of 24
nerships (as defined in section 3 of the Work-
section, with respect to each community amperes at a voltage not greater than 250
force Innovation and Opportunity Act (29
identified under subsection (a), and in con- volts; and
U.S.C. 3102));
sultation with the Advisory Council, the Ad- ‘‘(II) are designed to transfer thermal en-
(2) that are in localities that the Secretary
ministrator shall— ergy from 1 temperature level to a different
of Energy determines to have a percentage of
(1) undertake an analysis of the conditions temperature level for the purpose of heating
traditional energy sector jobs that is average
which have led to the number of violations water;
or above average relative to the United
identified under subsection (a)(1), including ‘‘(iv) solar thermal-assisted electric stor-
States.
through community-based science imple- (c) DETERMINATION OF PERCENTAGE OF TRA- age units; and
mented through engagement with the resi- DITIONAL ENERGY SECTOR JOBS.—In making ‘‘(v) solar thermal-assisted fossil fuel stor-
dents of each such community; the determination under subsection (b)(2), age units.
(2) identify the root cause of the number of the Secretary of Energy shall take into con- ‘‘(B) EXCLUSIONS.—Unless otherwise deter-
violations described under subsection (a)(1); sideration information from the report enti- mined by the Secretary under section
and tled ‘‘U.S. Energy and Employment Report’’ 325(e)(7)(B), the term ‘water heater’ does not
(3) recommend measures that the Adminis- issued by the Secretary in January, 2017. include—
trator shall take, in coordination with co- (d) USE OF FUNDS.—Funds under subsection ‘‘(i) electric storage type units described in
regulators in State and local agencies, to re- (a) may be used for the following purposes: subparagraph (A)(i)(III) that—
duce the number of violations of environ- (1) To develop a transition plan described ‘‘(I) are designed and marketed exclusively
mental law to a number that the Adminis- in subsection (a). for commercial building applications; and
trator determines to be significantly below (2) To develop an apprenticeship program ‘‘(II)(aa) are designed, constructed, in-
the national average. to train individuals employed in fossil fuel spected, tested, and stamped in accordance
(c) IMPLEMENTATION.—Not later than 2 industries and individuals who are new to with Section IV, Part HLW, or Section X of
years after the date of enactment of this sec- the workforce for jobs in sustainable indus- the Boiler and Pressure Vessel Code promul-
tion, the Administrator shall complete the tries. gated by the American Society of Mechan-
implementation of the measures identified (e) TRANSITION PLAN REQUIREMENTS.—A ical Engineers;
under subsection (b)(3). transition plan funded under subsection (a) ‘‘(bb) exclusively use 3-phase electricity,
AMENDMENT NO. 20 OFFERED BY MR. DELGADO shall include a plan for unemployment insur- are designed and marketed to provide outlet
OF NEW YORK ance, job transition training, and commu- hot water at a thermostatically controlled
At the end of part 2 of subtitle A of title nity services for the communities affected temperature of 180 degrees Fahrenheit or
XII, add the following: by the transition. greater, and operate only at rated voltages
(h) MONITORING.—The Secretary of Labor, (f) AUTHORIZATION.—There are authorized of not less than 208 volts; or
in consultation with the Secretary of En- to be appropriated such sums as necessary to ‘‘(cc) exclusively use single-phase elec-
ergy, shall collect data to monitor current carry out this section. tricity, are designed and marketed to pro-
and future trends and shortages within the On page 9, after the matter relating to sec- vide outlet hot water at a thermostatically
tion 12113, insert the following:
dlhill on DSK120RN23PROD with HOUSE
clean energy technology industry, which in- controlled temperature of 180 degrees Fahr-
cludes skilled technical personnel, electric Sec. 12114. Renewable energy transition enheit or greater, and operate only at a
power engineers, transmission engineers, and grant program rated voltage of 277 volts; or
other occupations or fields of work under— AMENDMENT NO. 22 OFFERED BY MRS. DINGELL ‘‘(ii) gas storage type units described in
(1) the agriculture and forestry industry; OF MICHIGAN subparagraph (A)(i)(I) that—
(2) the electric utility industry; At the end of subtitle H of title I, add the ‘‘(I) are designed and marketed exclusively
(3) the manufacturing industry; following: for commercial building applications; and
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September 24, 2020 CONGRESSIONAL RECORD — HOUSE H4919
‘‘(II) are designed, constructed, inspected, ‘‘(i) IN GENERAL.—The Secretary shall, by for commercial installations. This model is
tested, and stamped in accordance with Sec- regulation, revise the definition of water not certified by the U.S. Department of En-
tion IV, Part HLW, of the Boiler and Pres- heater under section 321(27) to include an ex- ergy as a residential water heater. This
sure Vessel Code promulgated by the Amer- empted water heater under subparagraph (A) model does not have a certified First Hour or
ican Society of Mechanical Engineers. of that section if the Secretary makes an af- UEF rating.’.
‘‘(C) MULTI-INPUT ELECTRIC STORAGE WATER firmative determination under subparagraph ‘‘(3) REVISION UPON PETITION.—On receipt of
HEATER.—The term ‘multi-input electric (B)(iii)(II)(cc) for that category of exempted a petition by an interested party, the Sec-
storage water heater’ means a product that— water heater. retary may conduct a rulemaking to revise
‘‘(i) is not a heat pump type unit described ‘‘(ii) ENERGY CONSERVATION STANDARDS.— the scope and requirements of the label re-
in subparagraph (A)(iii); and Any category of exempted water heater in- quired under paragraph (1).’’.
‘‘(ii) is designed, marketed, or shipped cluded in the definition of water heater (e) EFFECTIVE DATE.—This section and the
from the manufacturer with a capability of under clause (i) shall be required to meet the amendments made by this section shall take
operating or being configured to operate at energy conservation standards applicable to effect 180 days after the date of enactment of
inputs greater than, equal to, or below 12 an electric or gas storage type water heater this Act.
kilowatts. under this part. AMENDMENT NO. 25 OFFERED BY MS.
‘‘(D) SOLAR THERMAL-ASSISTED ELECTRIC ‘‘(iii) EFFECTIVE DATE.—For any category FINKENAUER OF IOWA
STORAGE UNIT.—The term ‘solar thermal-as- of exempted water heater, the Secretary Page 9, after the item relating to section
sisted electric storage unit’ means a unit shall carry out clause (i), and require com- 12606, insert the following:
that— pliance under clause (ii), not later than 1 Sec. 12607. Labor Standards.
‘‘(i) has an input of 12 kilowatts or less; year after the date on which the Secretary At the end of subtitle F, insert the fol-
‘‘(ii) has at least 2 dedicated ports in addi- makes the affirmative determination de- lowing:
tion to the ports used for introduction and scribed in clause (i) for that category. SEC. 12607 LABOR STANDARDS.
delivery of potable water for the supply and ‘‘(8) STANDARDS FOR MULTI-INPUT ELECTRIC (a) IN GENERAL.—Notwithstanding any
return of water or a heat transfer fluid heat- STORAGE WATER HEATERS.—A multi-input other provision of law, for fiscal year 2021
ed externally by solar panels; electric storage water heater shall be subject and each fiscal year thereafter, any con-
‘‘(iii) does not have electric resistance to the test procedures, energy conservation struction or maintenance projects, including
heating elements located in the lower half of standards, labeling (if applicable), and cer- installation or removal of applicable infra-
the storage tank; tification requirements— structure, assisted in whole or in part by
‘‘(iv) has the temperature sensing device ‘‘(A) for electric storage water heaters funds appropriated under sections 1203, 1221,
that controls the auxiliary electric heat under this part; and 1802, 1803, 1804, 1805, 2122, 2401, 2502, 2503, 2504,
source located in the upper half of the stor- ‘‘(B) for storage water heaters under part 2505, 2522, 2523, 2524, 2525, 2542, 2543, 2544, 2545,
age tank; and C. 2547, 2552, 2553, 2561, 3102, 3103, 3104, 3105, 3106,
‘‘(v) has a ratio of less than 0.70 for the pro- ‘‘(9) TECHNOLOGY-NEUTRAL ELECTRIC STOR- 3107, 3109, 3110, 3111, 3112, 3201, 4101, 4202, 5101,
portion that the certified first hour rating AGE WATER HEATER STANDARDS.—Notwith- 5301, 5302, 5321, 5322, 5323, 5324, 5341, 5342, 6201,
bears to the nominal volume of the storage standing any other provision of this Act, the 6301, 6502, 6512, 7001, 8101, 8102, 8206, 8304, 9105,
tank.’’. Secretary may not create separate product 9302, 9304, 10121, and 12401 of this Act and in-
(b) STANDARDS FOR WATER HEATERS.—Sec- classes for heat pump water heaters and cluding 42 U.S.C. 17011 and 42 U.S.C. 16061,
tion 325(e) of the Energy Policy and Con- other electric storage water heaters.’’. without regard to the form or type of Fed-
servation Act (42 U.S.C. 6295(e)) is amended (c) DEFINITION OF COMMERCIAL WATER eral assistance provided under such section
by adding at the end the following: HEATER.—Section 340 of the Energy Policy or part, shall comply with labor standards
‘‘(7) EXEMPTED WATER HEATERS.— and Conservation Act (42 U.S.C. 6311) is under this section. Compliance with labor
‘‘(A) DEFINITION OF EXEMPTED WATER HEAT- amended by striking paragraph (12) and in- standards under this section shall also apply
ER.—In this paragraph, the term ‘exempted serting the following: to entities that are awarded permits, leases
water heater’ means a water heater de- ‘‘(12)(A) STORAGE WATER HEATER.— or enter into agreements with the Federal
scribed in section 321(27)(B). ‘‘(i) IN GENERAL.—The term ‘storage water Government under subtitle F of Title II of
‘‘(B) MONITORING OF SHIPMENTS.— heater’ means a water heater that— this Act.
‘‘(i) SUBMISSION OF DATA.—Not later than 90 ‘‘(I) heats and stores water within an appli- (b) CERTIFICATION OF QUALIFIED ENTITIES.—
days after the date of enactment of this ance at a thermostatically controlled tem- (1) IN GENERAL.—The Secretary of Labor
paragraph, and not later than May 1 of each perature for delivery on demand; and shall establish a process for certifying enti-
year thereafter, the Secretary shall require ‘‘(II) is not a water heater described in sec- ties that submit an application under para-
each manufacturer of water heaters to report tion 321(27)(A). graph (2) as qualified entities with respect to
to the Secretary the quantity of exempted ‘‘(ii) EXCLUSION.—The term ‘storage water construction and maintenance projects fund-
water heaters, in each category of exempted heater’ does not include a unit with an input ed in part or whole under sections 1203, 1221,
water heaters, that the manufacturer rating of 4,000 Btu per hour or more per gal- 1802, 1803, 1804, 1805, 2122, 2401, 2502, 2503, 2504,
shipped in the preceding calendar year. lon of stored water. 2505, 2522, 2523, 2524, 2525, 2542, 2543, 2544, 2545,
‘‘(ii) CONFIDENTIALITY REQUIREMENTS.—The ‘‘(B) INSTANTANEOUS WATER HEATER.—The 2547, 2552, 2553, 2561, 3102, 3103, 3104, 3105, 3106,
Secretary shall treat shipment data reported term ‘instantaneous water heater’ means a 3107, 3109, 3110, 3111, 3112, 3201, 4101, 4202, 5101,
by manufacturers under clause (i) as con- water heater that— 5301, 5302, 5321, 5322, 5323, 5324, 5341, 5342, 6201,
fidential business information subject to ap- ‘‘(i) has an input rating of at least 4,000 Btu 6301, 6502, 6512, 7001, 8101, 8102, 8206, 8304, 9105,
propriate confidential data safeguards. per hour per gallon of stored water; and 9302, 9304, 10121, and 12401 of this Act and in-
‘‘(iii) PUBLICATION.— ‘‘(ii) is not a water heater described in sec- cluding 42 U.S.C. 17011 and 42 U.S.C. 16061.
‘‘(I) BASELINE SHIPMENT DATA.—Not later tion 321(27)(A). (2) APPLICATION PROCESS.—An entity seek-
than 120 days after the date of enactment of ‘‘(C) UNFIRED HOT WATER STORAGE TANK.— ing certification as a qualified entity under
this paragraph, the Secretary shall publish The term ‘unfired hot water storage tank’ this section shall submit an application to
an analysis of the data collected under means a tank used to store water that is the Secretary of Labor at such time, in such
clause (i) for public comment, subject to ap- heated externally.’’. manner, and containing such information as
plicable confidentiality safeguards, which (d) LABELING REQUIREMENTS.—Section 344 the Secretary may reasonably require, in-
shall serve as the baseline data for the anal- of the Energy Policy and Conservation Act cluding information to demonstrate compli-
ysis described in subclause (II)(bb). (42 U.S.C. 6315) is amended by adding at the ance with the requirements under subsection
‘‘(II) PERCENTAGE GROWTH FROM BASE- end the following: (c).
LINE.—Not later than June 1 of each year ‘‘(l) LABELS FOR CERTAIN COMMERCIAL (3) REQUESTS FOR ADDITIONAL INFORMA-
after the year in which the Secretary pub- WATER HEATERS.— TION.—Not later than 1 year after receiving
lishes data under subclause (I), the Secretary ‘‘(1) IN GENERAL.—Notwithstanding any an application from an entity under para-
shall publish— other provision of this section, water heaters graph (2)—
‘‘(aa) an analysis of the data collected described in section 321(27)(B) shall be re- (A) the Secretary of Labor may request ad-
under clause (i) for public comment, subject quired to bear a permanent label, applied at ditional information from the entity in order
to applicable confidentiality safeguards; the point of manufacture, that, subject to to determine whether the entity is in com-
‘‘(bb) the percentage growth in the number paragraph (3), satisfies the requirements de- pliance with the requirements under sub-
of shipments within each category of ex- scribed in paragraph (2). section (c); and
empted water heater relative to the baseline ‘‘(2) REQUIREMENTS.—A label required (B) the entity shall provide such additional
data described in subclause (I); and under paragraph (1) shall— information within 30 days of the Secretary
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‘‘(cc) the determination of the Secretary as ‘‘(A) be made of material not adversely af- of Labor’s request under subparagraph (A).
to whether the number of shipments for any fected by water; (4) DETERMINATION DEADLINE.—The Sec-
category of exempted water heater have in- ‘‘(B) be attached by means of nonwater- retary of Labor shall make a determination
creased by more than 25 percent compared to soluble adhesive; and on whether to certify an entity under this
the baseline data for that category. ‘‘(C) bear the following notice printed in section not later than—
‘‘(C) INCLUSION OF EXEMPTED WATER HEAT- 16.5 point Arial Narrow Bold font: ‘IMPOR- (A) in a case in which the Secretary re-
ERS.— TANT INFORMATION: Exclusively intended quests additional information described in
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H4920 CONGRESSIONAL RECORD — HOUSE September 24, 2020
paragraph (3), 1 year after the Secretary re- (O) equivalent State laws, as defined in 1267; 5 U.S.C. App.) and section 3145 of title
ceives such additional information from the guidance issued by the Secretary of Labor. 40, United States Code.
entity, or (4) The entity, and all contractors and sub- (e) PERIOD OF VALIDITY FOR CERTIFI-
(B) in a case that is not described in para- contractors in the performance of construc- CATIONS.—A certification made under this
graph (3)(A), 1 year after the date on which tion or maintenance project, shall not re- section shall be in effect for a period of 5
the entity submits the application under quire arbitration for any dispute involving years. An entity may reapply to the Sec-
paragraph (2). an employee described in paragraph (5) en- retary of Labor for an additional certifi-
(5) PRECERTIFICATION REMEDIES.—The Sec- gaged in a service for the entity or any con- cation under this section in accordance with
retary shall consider any corrective actions tractor and subcontractor, or enter into any the application process under subsection
taken by an entity seeking certification agreement with such employee requiring ar- (b)(2).
under this subsection to remedy an adminis- bitration of any such dispute, unless such (f) REVOCATION OF QUALIFIED ENTITY STA-
trative merits determination, arbitral award employee is covered by a collective bar- TUS.—The Secretary of Labor may revoke
or decision, or civil judgment identified gaining agreement that provides otherwise. the certification of an entity under this sec-
under subsection (c)(3) and shall impose as a (5) For purposes of compliance with the tion as a qualified entity at any time in
condition of certification any additional National Labor Relations Act (29 U.S.C. 151 which the Secretary reasonably determines
remedies necessary to avoid further or re- et seq.), the Fair Labor Standards Act of 1938 the entity is no longer in compliance with
peated violations. (29 U.S.C. 201 et seq.), and the requirements the requirements of subsection (c).
(c) LABOR STANDARDS REQUIREMENTS.—The (g) CERTIFICATION MAY COVER MORE THAN 1
under this section, the entity, and all con-
Secretary of Labor shall require an entity, SUBSTANTIALLY SIMILAR PROJECT.—The Sec-
tractors and subcontractors in the perform-
as a condition of certification under this sec- retary of Labor may make certifications
ance of any construction or maintenance
tion, to satisfy each of the following require- under this section which apply with respect
project, shall consider an individual per-
ments: to more than 1 project if the projects to
forming any service in such performance as
(1) The entity shall ensure that all laborers which such certification apply are substan-
an employee (and not an independent con-
and mechanics employed by contractors and tially similar projects which meet the re-
tractor) of the entity, contractor, or subcon-
subcontractors in the performance of any quirements of this section. Such projects
tractor, respectively, unless—
construction or maintenance project shall be shall be treated as a specific construction or
(A) the individual is free from control and maintenance project for purposes of sub-
paid wages at rates not less than those pre- direction in connection with the perform-
vailing on projects of a similar character in section (h)(2).
ance of the service, both under the contract (h) DEFINITIONS.—In this section:
the locality as determined by the Secretary for the performance of the service and in (1) COVERED PROJECT LABOR AGREEMENT.—
of Labor in accordance with subchapter IV of fact; The term ‘‘covered project labor agreement’’
chapter 31 of title 40, United States Code (B) the service is performed outside the means a project labor agreement that—
(commonly known as the ‘‘Davis-Bacon usual course of the business of the entity, (A) binds all contractors and subcontrac-
Act’’). contractor, or subcontractor, respectively; tors on the construction project through the
(2) In the case of any construction or main- and inclusion of appropriate specifications in all
tenance project, the cost of which exceeds (C) the individual is customarily engaged relevant solicitation provisions and contract
$25,000,000, the entity shall be a party to, or in an independently established trade, occu- documents;
require contractors and subcontractors in pation, profession, or business of the same (B) allows all contractors and subcontrac-
the performance of such construction or nature as that involved in such service. tors to compete for contracts and sub-
maintenance project to consent to, a covered (6) The entity shall prohibit all contractors contracts without regard to whether they
project labor agreement. and subcontractors in the performance of are otherwise a party to a collective bar-
(3) The entity, and all contractors and sub- any construction or maintenance project gaining agreement;
contractors in performance of any construc- from hiring employees through a temporary (C) contains guarantees against strikes,
tion or maintenance project, shall represent staffing agency unless the relevant State lockouts, and other similar job disruptions;
in the application submitted under sub- workforce agency certifies that temporary (D) sets forth effective, prompt, and mutu-
section (b)(2) (and periodically thereafter employees are necessary to address an acute,
during the performance of the construction ally binding procedures for resolving labor
short-term labor demand. disputes arising during the covered project
or maintenance project as the Secretary of (7) The entity shall require all contractors,
Labor may require) whether there has been labor agreement; and
subcontractors, successors in interest of the (E) provides other mechanisms for labor-
any administrative merits determination, entity, and other entities that may acquire
arbitral award or decision, or civil judgment, management cooperation on matters of mu-
the entity, in the performance or acquisition tual interest and concern, including produc-
as defined in guidance issued by the Sec- of any construction or maintenance project,
retary of Labor, rendered against the entity tivity, quality of work, safety, and health.
to have and abide by an explicit neutrality (2) PROJECT LABOR AGREEMENT.—The term
in the preceding 3 years (or, in the case of policy on any issue involving the exercise by
disclosures after the initial disclosure, dur- ‘‘project labor agreement’’ means a pre-hire
employees of the entity as described in para- collective bargaining agreement with one or
ing such period as the Secretary of Labor graph (5), and of all contractors and sub-
may provide) for violations of— more labor organizations that establishes
contractors in the performance of any con- the terms and conditions of employment for
(A) the Fair Labor Standards Act of 1938 struction or maintenance project, of the
(29 U.S.C. 201 et seq.); a specific construction project and is de-
right to organize and bargain collectively scribed in section 8(f) of the National Labor
(B) the Occupational Safety and Health through representatives of their own choos-
Act of 1970 (29 U.S.C. 651 et seq.); Relations Act (29 U.S.C. 158(f)).
ing. (3) QUALIFIED ENTITY.—The term ‘‘qualified
(C) the Migrant and Seasonal Agricultural (8) The entity shall require all contractors
Worker Protection Act (29 U.S.C. 1801 et entity’’ means an applicant for certification
and subcontractors to participate in a reg- under subsection (b) that the Secretary of
seq.); istered apprenticeship program for each
(D) the National Labor Relations Act (29 Labor certifies as a qualified entity in ac-
skilled craft employed on any construction cordance with subsection (b).
U.S.C. 151 et seq.); or maintenance project. (i) AUTHORIZATION OF APPROPRIATIONS.—
(E) subchapter IV of chapter 31 of title 40, (9) The entity, and all contractors and sub- There is authorized to be appropriated to
United States Code (commonly known as the contractors in the performance of any con- carry out this such sums as necessary for fis-
‘‘Davis-Bacon Act’’); struction or maintenance project, shall not cal year 2020 and each fiscal year thereafter.
(F) chapter 67 of title 41, United States request or otherwise consider the criminal AMENDMENT NO. 27 OFFERED BY MR. GOLDEN OF
Code (commonly known as the ‘‘Service Con- history of an applicant for employment be- MAINE
tract Act’’); fore extending a conditional offer to the ap-
(G) Executive Order 11246, as amended (re- Page 202, line 24, strike ‘‘; and’’ and insert
plicant, unless—
lating to equal employment opportunity); a semicolon.
(A) a background check is otherwise re- Page 203, line 2, strike the semicolon and
(H) section 503 of the Rehabilitation Act of quired by law;
1973 (29 U.S.C. 793); insert ‘‘; and’’.
(B) the position is for a Federal law en- Page 203, after line 2, insert the following:
(I) section 4212 of title 38, United States forcement officer (as defined in section (iv) biomass systems with an efficiency of
Code; 115(c)(1) of title 18, United States Code) posi- 60 percent or greater;
(J) the Family and Medical Leave Act of tion; or Page 203, line 8, strike ‘‘; or’’ and insert a
1993 (29 U.S.C. 2601 et seq.); (C) the Secretary of Labor, after consulta- semicolon.
(K) title VII of the Civil Rights Act of 1964 tion with the Secretary of Energy, certifies Page 203, line 11, strike the period at the
(42 U.S.C. 2000e et seq.); that precluding criminal history prior to the end and insert ‘‘; or’’.
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(L) the Americans with Disabilities Act of conditional offer would pose a threat to na- Page 203, after line 11, insert the following:
1990 (42 U.S.C. 12101 et seq.); tional security. (F) to provide thermal energy to meet
(M) the Age Discrimination in Employ- (d) DAVIS-BACON ACT.—The Secretary of heating and cooling loads and for industrial
ment Act of 1967 (29 U.S.C. 621 et seq.); Labor shall have, with respect to the labor processes.
(N) Executive Order 13658, dated February standards described in subsection (d)(1), the Page 716, line 21, insert ‘‘, including the po-
2014, (entitled ‘‘Establishing a Minimum authority and functions set forth in Reorga- tential use of biomass CHP systems’’ before
Wage for Contractors’’); or nization Plan Numbered 14 of 1950 (64 Stat. the semicolon.
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September 24, 2020 CONGRESSIONAL RECORD — HOUSE H4921
Page 717, line 1, insert ‘‘biomass CHP,’’ (6) applicable trade laws, including trade prehensive studies of the stability and safety
after ‘‘technologies,’’. preference programs, trade agreements and of the facility that are funded by the li-
Page 717, line 6, insert ‘‘and communities’’ Section 307 of the Tariff Act of 1930; and censee, that each element of the facility
after ‘‘organizations’’. (7) Executive Order 13126, dated June 12, meets all current Federal and State seismic,
Page 717, line 10, insert ‘‘, communities,’’ 1999, (entitled ‘‘Prohibition of Acquisition of stability, and safety standards and that
after ‘‘companies’’. Products Produced by Forced or Indentured there will be no significant risk of dam fail-
Page 821, line 15, insert ‘‘biomass,’’ after Child Labor’’). ure during the term of the license.
‘‘wind,’’. (6) A report, to be made publicly available
AMENDMENT NO. 37 OFFERED BY MR. HUFFMAN
Page 824, line 23, insert ‘‘biomass,’’ after by the Commission, on the financial status
OF CALIFORNIA
‘‘hydropower,’’. of the facility, including—
AMENDMENT NO. 31 OFFERED BY MS. HAALAND
At the end of subtitle B of title II, add the
following: (A) an analysis comparing the cost of
OF NEW MEXICO power generated at the facility to revenue
SEC. 2208. KLAMATH HYDROELECTRIC SETTLE-
Page 391, line 10, strike ‘‘or’’. MENT AGREEMENT TRIBAL FAIR-
attributable to the facility during the pre-
Page 391, line 12, strike ‘‘entities;’’ and in- NESS. ceding year;
sert ‘‘entities; or’’. (B) a projection of the cost of power gen-
Page 391, after line 12 insert: (a) DEFINITIONS.—In this section:
(1) FACILITY.—The term ‘‘facility’’ means 1 erated at the facility and the revenue attrib-
(E) that does not require extraction of ura- utable to the facility during the 5-year pe-
nium or development of uranium from lands or more of the following hydropower facili-
ties (including appurtenant works licensed riod beginning on the date of the license;
managed by the Federal Government, cause (C) an explanation of whether the financial
harm to the natural or cultural resources of to PacifiCorp) within the jurisdictional
boundary of the Klamath Hydroelectric terms of the Klamath Hydroelectric Settle-
Tribal communities or sovereign Native Na- ment Agreement, as amended, have been
tions, or result in degraded ground or surface Project, FERC Project No. 2082 (as applica-
ble): met; and
water quality on publicly managed or pri- (D) a detailed description of the annual
vately owned lands; (A) Iron Gate Dam.
(B) Copco No. 1 Dam. costs associated with the facility that are
AMENDMENT NO. 35 OFFERED BY MRS. HAYES OF passed through to the ratepayers of the li-
(C) Copco No. 2 Dam.
CONNECTICUT
(D) J.C. Boyle Dam. censee.
Page 536, lines 1 through 15, amend sub- (d) EXCEPTION.—The requirements of this
(2) COMMISSION.—The term ‘‘Commission’’
section (e) to read as follows: section shall not apply to any entity filing a
means the Federal Energy Regulatory Com-
(e) AUTHORIZATION OF APPROPRIATIONS.— surrender application as specified in the
mission.
Subsection (f), as redesignated, of section 741 Commission’s order relating to the facility
(3) HARMED INDIAN TRIBES.—The term
of the Energy Policy Act of 2005 (42 U.S.C. dated July 16, 2020 (172 FERC 61,062).
‘‘harmed Indian Tribes’’ means— (e) LEGAL CLAIMS.—Nothing in this section
16091) is amended to read as follows: (A) the Klamath Tribes; and
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— shall be construed to adversely affect any
(B) such other Indian Tribes that are lo- legal claims of harmed Indian Tribes, includ-
There is authorized to be appropriated to the cated downstream of the Klamath Hydro-
Administrator to carry out this section, to ing claims for violations of any Executive
electric Project. Order pertaining to one or more Indian
remain available until expended, $130,000,000 (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
for each of fiscal years 2021 through 2025, of Tribes, any treaty between the United States
has the meaning given the term ‘‘Indian and one or more Indian Tribes, or for dam-
which— tribe’’ in section 4 of the Indian Self-Deter-
‘‘(1) not less than $100,000,000 for each such ages caused by the facility under the Endan-
mination and Education Assistance Act (25 gered Species Act of 1973 (16 U.S.C. 1531 et
fiscal year shall be used for awards under U.S.C. 5304). seq.) or the Marine Mammal Protection Act
this section to eligible recipients proposing (5) LICENSEE.—The term ‘‘licensee’’ means of 1972 (16 U.S.C. 1361 et seq.). Such claims
to replace school buses with zero-emission the owner and licensee of the facility (as of shall not be limited by any statute of limita-
school buses; and the date of enactment of this Act). tions.
‘‘(2) not less than $52,000,000 for each such (b) IN GENERAL.—In light of the specific AMENDMENT NO. 38 OFFERED BY MS. KUSTER OF
fiscal year shall be used for awards under facts and circumstances of the Klamath Hy- NEW HAMPSHIRE
this section to eligible recipients proposing droelectric Settlement Agreement that an-
to replace or retrofit school buses to serve a Page 823, line 21, strike ‘‘$20,000,000’’ and
ticipated dam removal to commence in 2020, insert ‘‘$40,000,000’’.
community of color, indigenous community, and to mitigate the historic and ongoing
low-income community, or any community AMENDMENT NO. 43 OFFERED BY MRS. LEE OF
damages caused by the facility to aquatic
located in an air quality area designated pur- and Tribal trust resources, the Commission
NEVADA
suant to section 107 of the Clean Air Act (42 shall not issue any annual license for the fa- Amend subtitle C of title II to read as fol-
U.S.C. 7407) as nonattainment.’’. cility under section 15(a)(1) of the Federal lows:
AMENDMENT NO. 36 OFFERED BY MRS. HAYES OF Power Act (16 U.S.C. 808(a)(1)) unless the Subtitle C—Distributed Renewable Energy
CONNECTICUT Commission has provided harmed Indian SEC. 2301. DEFINITIONS.
Page 9, after the item relating to section Tribes and the States of California and Or- In this subtitle:
12606, insert the following: egon the opportunity to recommend terms (1) AUTHORITY HAVING JURISDICTION.—The
Sec. 12607. Affirming Protections for Chil- and conditions under section 4(e), section 10, term ‘‘authority having jurisdiction’’ means
dren and Workers. and section 18 of the Federal Power Act (16 any State, county, local, or Tribal office or
At the end of subtitle F of Title XII, add U.S.C. 797(e), 803, and 811), including any con- official with jurisdiction—
the following: ditions providing for fishways or fish recov- (A) to issue permits;
SEC. 12607. AFFIRMING PROTECTIONS FOR CHIL- ery. (B) to conduct inspections to enforce the
DREN AND WORKERS. (c) STUDIES.—Upon approval of an annual requirements of a relevant code or standard;
Nothing in this Act shall be construed to license pursuant to subsection (b), the Com- or
affect the safety and wellbeing of children in mission shall require the licensee to provide (C) to approve the installation of, or the
the carrying out of projects, programs, and to the Commission the following: equipment and materials used in the instal-
other applicable items in this Act nor to un- (1) A study describing the impacts of the lation of, qualifying distributed energy sys-
dermine or affect the enforcement of laws re- facility during the previous year on instream tems.
lating to protections against child labor and flows, water use, water temperature, and (2) DISTRIBUTED ENERGY SYSTEM IN-
forced labor, including— water quality. STALLER.—The term ‘‘distributed energy sys-
(1) the Fair Labor Standards Act of 1938 (29 (2) A study describing the impacts of the tem installer’’ means an entity or indi-
U.S.C. 201 et seq.); facility during the previous year on fish and vidual—
(2) title 29, subtitle B, chapter V, Sub- wildlife resources, including river fisheries, (A) with knowledge and skills relating to—
chapter A, Part 570, the Child Labor Regula- reservoir fisheries, anadromous fish, and any (i) the construction and operation of the
tions, Orders, and Statements of Interpreta- marine species listed as a threatened species equipment used in qualifying distributed en-
tion; or endangered species under the Endangered ergy systems; and
(3) article 3 of the International Labor Or- Species Act of 1973 (16 U.S.C. 1531 et seq.) in- (ii) the installation of qualifying distrib-
ganization Convention concerning the prohi- cluding Southern Resident killer whales uted energy systems; and
bition and immediate action for the elimi- (Orcinus orca). (B) that has employed safety training to
nation of the worst forms of child labor (De- (3) A study describing the impacts of the recognize and avoid the hazards involved in
cember 2, 2000), or in violation of human facility during the previous year on sediment constructing, operating, and installing quali-
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rights; transport. fying distributed energy systems.
(4) number 182 of the International Labor (4) A study forecasting the impacts of cli- (3) QUALIFYING DISTRIBUTED ENERGY SYS-
Organization Convention, entitled ‘‘Worst mate change to power generation at the fa- TEM.—The term ‘‘qualifying distributed en-
Forms of Child Labour Convention’’ (1999); cility. ergy system’’ means any equipment or mate-
(5) number 105 of the International Labor (5) A certification from the California De- rials installed in, on, or near a residential,
Organization Convention, entitled ‘‘Aboli- partment of Water Resources, Division of commercial, or industrial building to sup-
tion of Forced Labour Convention’’ (1957); Safety of Dams, following one or more com- port onsite or local energy use, including—
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H4922 CONGRESSIONAL RECORD — HOUSE September 24, 2020
(A) to generate electricity from distributed SEC. 2303. DISTRIBUTED ENERGY OPPORTUNITY ergy, and acting through the Bureau of
renewable energy sources, including from— COMMUNITIES. Labor Statistics, where appropriate, shall
(i) solar photovoltaic modules or similar (a) IN GENERAL.—The Secretary shall rec- collect and analyze labor market data to
solar energy technologies; ognize and certify certain communities as track workforce trends resulting from re-
(ii) wind power systems; and ‘‘Distributed Energy Opportunity Commu- newable energy and energy efficiency tech-
(iii) hydrogen electrolysis and fuel cell sys- nities’’. nology initiatives carried out under this sec-
tems; (b) QUALIFICATIONS.—The Secretary may tion. Activities carried out under this sec-
(B) to store and discharge electricity from certify a State, local community, or Tribe as tion shall include the following:
batteries with a capacity of at least 2 kilo- a ‘‘Distributed Energy Opportunity Commu- (1) Tracking and documentation of aca-
watt hours; nity’’ if that State, local community, or demic and occupational competencies as well
(C) to charge a plug-in electric drive vehi- Tribe has adopted and implemented the as future skill needs with respect to renew-
cle at a power rate of at least 2 kilowatts; model expedited permit-to-build protocol es- able energy and energy efficiency tech-
(D) to refuel a fuel cell electric vehicle; or tablished under the program established nology.
(E) to generate electricity from fuel cell under section 2302. (2) Tracking and documentation of occupa-
systems with a capacity of at least 2 kilo- (c) PROCESS.—The Secretary may confer a tional information and workforce training
watt hours. certification under subsection (a) through data with respect to renewable energy and
(4) SECRETARY.—The term ‘‘Secretary’’ existing programs of the Department of En- energy efficiency technology.
means the Secretary of Energy. ergy. (3) Collaborating with State agencies,
(d) GRANTS.—The Secretary may award workforce investments boards, industry, or-
SEC. 2302. ESTABLISHMENT OF PROGRAM TO FA-
CILITATE VOLUNTARY STREAM- competitive grants, using funds appropriated ganized labor, and community and nonprofit
LINED PROCESS FOR LOCAL PER- to the Secretary to carry out this subtitle, organizations to disseminate information on
MITTING OF QUALIFYING DISTRIB- to encourage communities to adopt the successful innovations for labor market serv-
UTED ENERGY SYSTEMS. model expedited permit-to-build protocol ices and worker training with respect to re-
(a) IN GENERAL.—Not later than 180 days and the standardized inspection process es- newable energy and energy efficiency tech-
after the date of enactment of this Act, the tablished under the program established nology.
Secretary, in consultation with trade asso- under section 2302. (4) Serving as a clearinghouse for best
ciations and other entities representing dis- SEC. 2304. AUTHORIZATION OF APPROPRIATIONS. practices in workforce development, job
tributed energy system installers and orga- There is authorized to be appropriated to placement and collaborative training part-
nizations representing State, local, and Trib- the Secretary to carry out this subtitle nerships.
al governments engaged in permitting, shall $20,000,000 for each of fiscal years 2021 (5) Encouraging the establishment of work-
establish and carry out a program to estab- through 2025. force training initiatives with respect to re-
lish a voluntary streamlined permitting AMENDMENT NO. 44 OFFERED BY MR. LEVIN OF newable energy and energy efficiency tech-
process for local permitting and inspection MICHIGAN nologies.
of qualifying distributed energy systems, in (6) Linking research and development in
concert with relevant national consensus- Page 543, line 5, strike ‘‘or’’ at the end.
Page 543, after line 5, insert the following: renewable energy and energy efficiency tech-
based codes and specifications and standards nology with the development of standards
(B) a community in which climate change,
referenced therein. and curricula for current and future jobs.
(b) ACTIVITIES OF THE PROGRAM.—In car- pollution, or environmental destruction have
exacerbated systemic racial, regional, social, (7) Assessing new employment and work
rying out the program established under sub-
environmental, and economic injustices by practices including career ladder and up-
section (a), the Secretary shall—
disproportionately affecting indigenous peo- grade training as well as high performance
(1) facilitate the development and mainte-
ples, communities of color, migrant commu- work systems.
nance of a streamlined permitting process
nities, deindustrialized communities, de- (8) Providing technical assistance and ca-
that includes a national online permitting
populated rural communities, the poor, low- pacity building to national and State energy
platform for expediting, standardizing, and
income workers, women, the elderly, the partnerships, including industry and labor
streamlining permitting, that authorities
unhoused, people with disabilities, or youth; representatives.
having jurisdiction may use to receive, re- (b) AUTHORIZATION OF APPROPRIATIONS.—
view, and approve permit applications relat- or
Page 543, line 6, strike ‘‘(B)’’ and insert There are authorized to be appropriated to
ing to qualifying distributed energy systems; carry out this section $10,000,000 for each fis-
‘‘(C)’’.
(2) establish a model expedited permit-to- cal years 2021 through 2025.
Page 544, line 17, strike ‘‘equipment.’’ and
build protocol for qualifying distributed en- Page 9, after the matter relating to section
insert ‘‘equipment, including accessibility in
ergy systems; 12113, insert the following
compliance with the Americans with Disabil-
(3) provide technical assistance to authori-
ities Act of 1990 (42 U.S.C. 12101 et seq.).’’. PART 3—MEASURING GREEN COLLAR JOB
ties having jurisdiction on using and adopt- Page 546, line 14, strike ‘‘and’’ at the end.
ing— DEVELOPMENT
Page 546, after line 14, insert the following: Sec. 12121. Measuring green jobs
(A) the streamlined permitting process de- (v) an identification of any existing elec-
scribed in paragraph (1); and AMENDMENT NO. 48 OFFERED BY MR. LOEBSACK
tric vehicle supply equipment that—
(B) the model expedited permit-to-build OF IOWA
(I) is available to the public for a minimum
protocol described in paragraph (2); of 12 hours per day; and Add at the end of part 3 of subtitle A of
(4) develop and maintain a voluntary na- (II) is not further than 50 miles from the title I the following:
tional inspection protocol integrated with global positioning system location identified SEC. 1122. GRANTS FOR ENERGY EFFICIENCY IM-
the national online permitting system de- under clause (iii); and PROVEMENTS AND RENEWABLE EN-
scribed in paragraphs (1) and (2) and related ERGY IMPROVEMENTS AT PUBLIC
Page 546, line 15, strike ‘‘(v)’’ and insert
tools to expedite, standardize, and stream- SCHOOL FACILITIES.
‘‘(vi)’’.
line the inspection of qualifying distributed Page 561, beginning on line 6, strike ‘‘elec- (a) DEFINITIONS.—In this section:
energy systems, including— tric vehicles nationwide;’’ and insert ‘‘elec- (1) ELIGIBLE ENTITY.—The term ‘‘eligible
(A) by investigating the potential for using tric vehicles nationwide, taking into consid- entity’’ means a consortium of—
remote inspections; and eration range anxiety and the location of (A) one local educational agency; and
(B) by investigating the potential for sam- charging infrastructure to ensure an electric (B) one or more—
ple-based inspection for distributed energy vehicle can travel throughout the United (i) schools;
system installers with a demonstrated track States without losing a charge;’’. (ii) nonprofit organizations;
record of high-quality work; and Page 567, line 23, strike ‘‘including com- (iii) for-profit organizations; or
(5) take any other action to expedite, mercial vehicles; and’’ and insert ‘‘including (iv) community partners that have the
standardize, streamline, or improve the proc- commercial vehicles, to an extent that such knowledge and capacity to partner and assist
ess for permitting, inspecting, or inter- electric vehicles can travel throughout the with energy improvements.
connecting qualifying distributed energy State without running out of a charge; and’’. (2) ENERGY IMPROVEMENTS.—The term ‘‘en-
systems. Page 567, line 24, strike ‘‘electric grid’’ and ergy improvements’’ means—
(c) SUPPORT SERVICES.—The Secretary insert ‘‘electric grid, including through the (A) any improvement, repair, or renova-
shall— use of renewable energy sources to power the tion, to a school that will result in a direct
(1) provide technical assistance to authori- electric grid,’’. reduction in school energy costs including
ties having jurisdiction, any administrator AMENDMENT NO. 45 OFFERED BY MR. LEVIN OF
but not limited to improvements to building
of a national online permitting platform, MICHIGAN
envelope, air conditioning, ventilation, heat-
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government software providers, and any ing system, domestic hot water heating,
Page 830, after line 5, insert the following:
other entity determined appropriate by the compressed air systems, distribution sys-
Secretary in carrying out the activities de- PART 3—MEASURING GREEN COLLAR JOB tems, lighting, power systems and controls;
scribed in subsection (b); and DEVELOPMENT (B) any improvement, repair, renovation,
(2) provide such financial assistance as the SEC. 12121. MEASURING GREEN JOBS. or installation that leads to an improvement
Secretary determines appropriate from any (a) IN GENERAL.—The Secretary of Labor, in teacher and student health including but
funds appropriated to carry out this subtitle. in consultation with the Secretary of En- not limited to indoor air quality,
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September 24, 2020 CONGRESSIONAL RECORD — HOUSE H4923
daylighting, ventilation, electrical lighting, teacher training, education, and preventa- ‘‘(D) may be owned by an electric utility,
and acoustics; and tive maintenance training). an electric consumer, or a third party.’’.
(C) the installation of renewable energy (3) AUDIT.—The recipient may use funds for (b) COMPLIANCE.—
technologies (such as wind power, a third-party investigation and analysis for (1) TIME LIMITATIONS.—Section 112(b) of the
photovoltaics, solar thermal systems, geo- energy improvements (such as energy audits Public Utility Regulatory Policies Act of
thermal energy, hydrogen-fueled systems, and existing building commissioning). 1978 (16 U.S.C. 2622(b)) is amended by adding
biomass-based systems, biofuels, anaerobic (4) CONTINUING EDUCATION.—The recipient at the end the following:
digesters, and hydropower) involved in the may use up to 1 percent of the grant ‘‘(8)(A) Not later than 1 year after the date
improvement, repair, or renovation to a amounts to develop a continuing education of enactment of this paragraph, each State
school. curriculum relating to energy improve- regulatory authority (with respect to each
(b) AUTHORITY.—From amounts made ments. electric utility for which the State has rate-
available for grants under this section, the (g) CONTRACTING REQUIREMENTS.— making authority) and each nonregulated
Secretary of Energy shall provide competi- (1) DAVIS-BACON.—Any laborer or mechanic electric utility shall commence consider-
tive grants to eligible entities to make en- employed by any contractor or subcon- ation under section 111, or set a hearing date
ergy improvements authorized by this sec- tractor in the performance of work on any for consideration, with respect to the stand-
tion. energy improvements funded by a grant ard established by paragraph (21) of section
(c) PRIORITY.—In making grants under this under this section shall be paid wages at 111(d).
section, the Secretary shall give priority to rates not less than those prevailing on simi- ‘‘(B) Not later than 2 years after the date
eligible entities that have renovation, re- lar construction in the locality as deter- of enactment of this paragraph, each State
pair, and improvement funding needs and mined by the Secretary of Labor under sub- regulatory authority (with respect to each
are— chapter IV of chapter 31 of title 40, United electric utility for which the State has rate-
(1) a high-need local educational agency, as States Code (commonly referred to as the making authority), and each nonregulated
defined in section 2102 of the Elementary and Davis-Bacon Act). electric utility shall complete the consider-
Secondary Education Act of 1965 (20 U.S.C. (2) COMPETITION.—Each applicant that re- ation and make the determination under sec-
6602); or ceives funds shall ensure that, if the appli- tion 111 with respect to the standard estab-
(2) a local educational agency designated cant carries out repair or renovation lished by paragraph (21) of section 111(d).’’.
with a metrocentric locale code of 41, 42, or through a contract, any such contract proc- (2) FAILURE TO COMPLY.—
43, as determined by the National Center for ess— (A) IN GENERAL.—Section 112(c) of the Pub-
Education Statistics (NCES), in conjunction (A) ensures the maximum number of quali- lic Utility Regulatory Policies Act of 1978 (16
with the Bureau of the Census, using the fied bidders, including small, minority, and U.S.C. 2622(c)) is amended—
NCES system for classifying local edu- women-owned businesses, through full and (i) by striking ‘‘such paragraph (14)’’ and
cational agencies. open competition; and all that follows through ‘‘paragraphs (16)’’
(d) COMPETITIVE CRITERIA.—The competi- (B) gives priority to businesses located in, and inserting ‘‘such paragraph (14). In the
tive criteria used by the Secretary shall in- or resources common to, the State or the case of the standard established by para-
clude the following: geographical area in which the project is graph (15) of section 111(d), the reference con-
(1) The fiscal capacity of the eligible entity tained in this subsection to the date of en-
carried out.
to meet the needs for improvements of actment of this Act shall be deemed to be a
(h) REPORTING.—Each recipient of a grant
school facilities without assistance under reference to the date of enactment of that
under this section shall submit to the Sec-
this section, including the ability of the eli- paragraph (15). In the case of the standards
retary, at such time as the Secretary may
gible entity to raise funds through the use of established by paragraphs (16)’’; and
require, a report describing the use of such
local bonding capacity and otherwise. (ii) by adding at the end the following: ‘‘In
funds for energy improvements, the esti-
(2) The likelihood that the local edu- the case of the standard established by para-
mated cost savings realized by those energy
cational agency or eligible entity will main- graph (21) of section 111(d), the reference con-
improvements, the results of any audit, the
tain, in good condition, any facility whose tained in this subsection to the date of en-
use of any utility programs and public ben-
improvement is assisted. actment of this Act shall be deemed to be a
efit funds and the use of performance track-
(3) The potential energy efficiency and reference to the date of enactment of that
safety benefits from the proposed energy im- ing for energy improvements (such as the paragraph (21).’’.
provements. Department of Energy: Energy Star program (B) TECHNICAL CORRECTION.—
(e) APPLICATIONS.—To be eligible to receive or LEED for Existing Buildings). (i) IN GENERAL.—Section 1254(b) of the En-
a grant under this section, an applicant must (i) BEST PRACTICES.—The Secretary shall ergy Policy Act of 2005 (Public Law 109–58;
submit to the Secretary an application that develop and publish guidelines and best prac- 119 Stat. 971) is amended—
includes each of the following: tices for activities carried out under this sec- (I) by striking paragraph (2); and
(1) A needs assessment of the current con- tion. (II) by redesignating paragraph (3) as para-
dition of the school and facilities that are to (j) AUTHORIZATION OF APPROPRIATIONS.— graph (2).
receive the energy improvements. There is authorized to be appropriated to (ii) TREATMENT.—The amendment made by
(2) A draft work plan of what the applicant carry out this section $100,000,000 for each of paragraph (2) of section 1254(b) of the Energy
hopes to achieve at the school and a descrip- fiscal years 2021 through 2025. Policy Act of 2005 (Public Law 109–58; 119
tion of the energy improvements to be car- AMENDMENT NO. 52 OFFERED BY MR. LUJÁN OF Stat. 971) (as in effect on the day before the
ried out. NEW MEXICO date of enactment of this Act) is void, and
(3) A description of the applicant’s capac- section 112(d) of the Public Utility Regu-
After section 2401 insert the following:
ity to provide services and comprehensive latory Policies Act of 1978 (16 U.S.C. 2622(d))
support to make the energy improvements. SEC. 2402. ESTABLISHMENT OF COMMUNITY shall be in effect as if those amendments had
(4) An assessment of the applicant’s ex- SOLAR PROGRAMS. not been enacted.
pected needs for operation and maintenance (a) IN GENERAL.—Section 111(d) of the Pub- (3) PRIOR STATE ACTIONS.—
training funds, and a plan for use of those lic Utility Regulatory Policies Act of 1978 (16 (A) IN GENERAL.—Section 112 of the Public
funds, if any. U.S.C. 2621(d)) is amended by adding at the Utility Regulatory Policies Act of 1978 (16
(5) An assessment of the expected energy end the following: U.S.C. 2622) is amended by adding at the end
efficiency and safety benefits of the energy ‘‘(21) COMMUNITY SOLAR PROGRAMS.—Each the following:
improvements. electric utility shall offer a community solar ‘‘(h) PRIOR STATE ACTIONS.—Subsections
(6) A cost estimate of the proposed energy program that provides all ratepayers, includ- (b) and (c) shall not apply to the standard es-
improvements. ing low-income ratepayers, equitable and de- tablished by paragraph (21) of section 111(d)
(7) An identification of other resources monstrable access to such community solar in the case of any electric utility in a State
that are available to carry out the activities program. For the purposes of this paragraph, if, before the date of enactment of this sub-
for which funds are requested under this sec- the term ‘community solar program’ means section—
tion, including the availability of utility a service provided to any electric consumer ‘‘(1) the State has implemented for the
programs and public benefit funds. that the electric utility serves through electric utility the standard (or a com-
(f) USE OF GRANT AMOUNTS.— which the value of electricity generated by a parable standard);
(1) IN GENERAL.—The recipient of a grant community solar facility may be used to off- ‘‘(2) the State regulatory authority for the
under this section shall use the grant set charges billed to the electric consumer State or the relevant nonregulated electric
amounts only to make the energy improve- by the electric utility. A ‘community solar utility has conducted a proceeding to con-
ments contemplated in the application, sub- facility’ is— sider implementation of the standard (or a
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ject to the other provisions of this sub- ‘‘(A) a solar photovoltaic system that allo- comparable standard) for the electric utility;
section. cates electricity to multiple electric con- or
(2) OPERATION AND MAINTENANCE TRAIN- sumers of an electric utility; ‘‘(3) the State legislature has voted on the
ING.—The recipient may use up to 5 percent ‘‘(B) connected to a local distribution of implementation of the standard (or a com-
for operation and maintenance training for the electric utility; parable standard) for the electric utility.’’.
energy efficiency and renewable energy im- ‘‘(C) located either on or off the property of (B) CROSS-REFERENCE.—Section 124 of the
provements (such as maintenance staff and the electric consumers; and Public Utility Regulatory Policies Act of
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H4924 CONGRESSIONAL RECORD — HOUSE September 24, 2020
1978 (16 U.S.C. 2634) is amended by adding at (4) that all laborers and mechanics who ‘‘(6) The term ‘economically distressed
the end the following: ‘‘In the case of the were involved in the installation or mainte- community’ means a unit of local govern-
standard established by paragraph (21) of sec- nance, or construction or renovation to sup- ment, an Indian Tribe, or a political subdivi-
tion 111(d), the reference contained in this port such installation or maintenance, of the sion thereof, that is significantly impacted
subsection to the date of enactment of this energy efficient electrotechnology, or the de- by the closure occurring on or after January
Act shall be deemed to be a reference to the commissioning and scrapping of the fossil 1, 2010, of an electric generating station that
date of enactment of that paragraph (21).’’. fuel-fired technology replaced by the energy primarily consumes coal as a fuel source, in-
Page 562, line 3, strike ‘‘(21)’’ and insert efficient electrotechnology, and who were cluding by the loss of—
‘‘(22)’’. employed by the owner or operator of the ‘‘(A) employment directly from or associ-
Page 563, line 18, strike ‘‘(8)’’ and insert qualified entity, or contractors or sub- ated with the electric generating station, in-
‘‘(9)’’. contractors at any tier thereof, were paid cluding an associated mine;
Page 563, line 25, strike ‘‘(21)’’ and insert wages at rates not less than those prevailing ‘‘(B) tax revenue, lease payments, or royal-
‘‘(22)’’. on projects of a character similar in the lo- ties directly from or associated with the
Page 564, line 8, strike ‘‘(21)’’ and insert cality as determined by the Secretary of electric generating station; or
‘‘(22)’’. Labor in accordance with subchapter IV of ‘‘(C) access to affordable energy.’’;
Page 564, line 14, strike ‘‘(21)’’ and insert chapter 31 of title 40, United States Code (2) in subsection (b), by inserting ‘‘or eco-
‘‘(22)’’. (commonly referred to as the ‘‘Davis-Bacon nomically distressed communities’’ after
Page 564, line 22, strike ‘‘(h)’’ and insert Act’’). ‘‘rural areas’’ each place it appears; and
‘‘(i)’’. (e) LIMITATION.—The Secretary may not (3) in subsection (d)—
Page 564, line 24, strike ‘‘(21)’’ and insert provide a rebate under the program estab- (A) by striking ‘‘$20,000,000’’ and inserting
‘‘(22)’’. lished under subsection (b) to an owner or ‘‘$50,000,000’’; and
Page 565, line 20, strike ‘‘(21)’’ and insert operator of a qualified entity for expendi- (B) by striking ‘‘2006 through 2012’’ and in-
‘‘(22)’’. tures made by the owner or operator of the serting ‘‘2021 through 2025’’.
Page 565, line 24, strike ‘‘(21)’’ and insert qualified entity for an energy efficient AMENDMENT NO. 59 OFFERED BY MR.
‘‘(22)’’. electrotechnology that is used to replace a O’HALLERAN OF ARIZONA
AMENDMENT NO. 55 OFFERED BY MR. NORCROSS fossil fuel-fired technology if the Secretary
Add at the end of subtitle F of title XII the
OF NEW JERSEY determines that such expenditures were nec-
following:
At the end of subtitle H of title I, add the essary for the owner or operator to comply
SEC. 12607. COAL COMMUNITY RESOURCE CLEAR-
following: with Federal or State law. INGHOUSE.
(f) AUTHORIZED AMOUNT OF REBATE.—The
SEC. 1806. REBATE PROGRAM FOR ENERGY EFFI- (a) ESTABLISHMENT.—Not later than 180
amount of a rebate provided under this sec-
CIENT ELECTROTECHNOLOGIES. days after the date of enactment of this Act,
tion shall be not less than 30 percent, and
(a) DEFINITIONS.—In this section: the Secretary of Energy shall publish, main-
not more than 50 percent, of the overall cost
(1) ENERGY EFFICIENT tain, and make publicly available a clearing-
of the energy efficient electrotechnology, in-
ELECTROTECHNOLOGY.—The term ‘‘energy ef- house, to be known as the ‘‘Coal Community
cluding installation costs.
ficient electrotechnology’’ means— (g) AUTHORIZATION OF APPROPRIATIONS.— Resource Clearinghouse’’, on the website of
(A) any electric technology that, when There is authorized to be appropriated to the Department of Energy for the purpose of
used instead of a fossil fuel-fired technology carry out this section $100,000,000 for each of increasing awareness of Federal and State
in an industrial process results in— fiscal years 2021 through 2025. programs, grants, loans, loan guarantees,
(i) energy efficiency, or production effi- and other assistance resources the Secretary
AMENDMENT NO. 56 OFFERED BY MR. NORCROSS
ciency, gains; or determines will assist economic development
OF NEW JERSEY
(ii) environmental benefits; or activities in economically distressed commu-
(B) any electric technology that, when Page 36, line 5, strike ‘‘and’’ at the end. nities.
used instead of a fossil fuel-fired technology Page 36, strike line 13, and insert ‘‘(includ- (b) PERIODIC UPDATES.—In carrying out
in an industrial application results in— ing multifamily buildings); and’’. subsection (a), the Secretary shall, not less
(i) improvements in on-site logistics or Page 36, after line 13, insert the following: frequently than once per calendar year, up-
material handling; and ‘‘(F) to make an addition or alteration to, date the Coal Community Resource Clearing-
(ii) energy efficiency gains and environ- or to install, replace, or provide mainte- house to address changes to the needs of eco-
mental benefits. nance to, an air filtration and purification nomically distressed communities.
(2) QUALIFIED ENTITY.—The term ‘‘qualified system of an HVAC system to meet exigen- (c) ECONOMICALLY DISTRESSED COMMUNITY
entity’’ means an industrial or manufac- cies related to the airborne epidemic trans- DEFINED.—The term ‘‘economically dis-
turing facility, commercial building, or a missions of SARS–4CoV–2 or coronavirus dis- tressed community’’ means a unit of local
utility or energy service company. ease 2019 (COVID–19).’’. government, an Indian Tribe, or a political
(3) SECRETARY.—The term ‘‘Secretary’’ Page 37, line 1, strike ‘‘(e)’’ and insert subdivision thereof, that is significantly im-
means the Secretary of Energy. ‘‘(f)’’. pacted by the closure occurring on or after
(b) ESTABLISHMENT.—Not later than 90 days Page 36, after line 25, insert the following: January 1, 2010, of an electric generating sta-
‘‘(e) PREVAILING WAGES.—All laborers and
after the date of enactment of this Act, the tion that primarily consumes coal as a fuel
mechanics employed by contractors or sub-
Secretary shall establish a program to pro- source, including by the loss of—
contractors in the performance of construc-
vide rebates in accordance with this section. (1) employment directly from or associated
(c) REBATES.—The Secretary may provide a tion, alteration, or repair work assisted, in
with the electric generating station, includ-
rebate under the program established under whole or in part, by a grant under this sec-
ing an associated mine;
subsection (b) to the owner or operator of a tion shall be paid wages at rates not less
(2) tax revenue, lease payments, or royal-
qualified entity for expenditures made by than those prevailing on similar construc-
ties directly from or associated with the
the owner or operator of the qualified entity tion in the locality as determined by the
electric generating station; or
for an energy efficient electrotechnology Secretary of Labor in accordance with sub-
(3) access to affordable energy.
that is used to replace a fossil fuel-fired chapter IV of chapter 31 of title 40. With re-
spect to the labor standards in this sub- AMENDMENT NO. 60 OFFERED BY MS. OMAR OF
technology. MINNESOTA
(d) REQUIREMENTS.—To be eligible to re- section, the Secretary of Labor shall have
the authority and functions set forth in Re- Add at the end of title XII the following:
ceive a rebate under this section, the owner
or operator of a qualified entity shall submit organization Plan Numbered 14 of 1950 (64 Subtitle G—Zeroing Excess, Reducing Or-
to the Secretary an application dem- Stat. 1267; 5 U.S.C. App.) and section 3145 of ganic Waste, and Sustaining Technical Ex-
onstrating— title 40.’’. pertise
(1) that the owner or operator of the quali- AMENDMENT NO. 58 OFFERED BY MR. SEC. 12701. GRANT PROGRAM.
fied entity purchased an energy efficient O’HALLERAN OF ARIZONA (a) IN GENERAL.—The Administrator shall
electrotechnology; Add at the end of subtitle F of title XII the establish and carry out a program to award
(2) the energy efficiency gains, production following: grants, on a competitive basis, to eligible en-
efficiency gains, and environmental benefits, SEC. 12607. RURAL AND REMOTE COMMUNITIES tities for projects that are consistent with
as applicable, resulting from use of the en- ELECTRIFICATION GRANTS. zero-waste practices.
ergy efficient electrotechnology— (a) IN GENERAL.—Section 609 of the Public (b) GRANT USE.—
(A) as measured by a qualified professional Utility Regulatory Policies Act (7 U.S.C. (1) ORGANICS RECYCLING INFRASTRUCTURE.—
or verified by the energy efficient 918c) is amended— An eligible entity receiving a grant under
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electrotechnology manufacturer, as applica- (1) in subsection (a)— this subtitle may use grant funds to carry
ble; or (A) in paragraph (1), by striking ‘‘or mu- out a project relating to organics recycling
(B) as determined by the Secretary; nicipality’’ and inserting ‘‘, municipality, or infrastructure, including facilities, machin-
(3) that the fossil fuel-fired technology re- Indian Tribe’’; ery, equipment, and other physical neces-
placed by the energy efficient (B) in paragraph (5), by striking ‘‘10,000’’ sities required for organics collection or
electrotechnology has been permanently de- and inserting ‘‘20,000’’; and processing on a city-wide or county-wide
commissioned and scrapped; and (C) by adding at the end the following: scale, provided that—
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September 24, 2020 CONGRESSIONAL RECORD — HOUSE H4925
(A) implementation of such project— Administrator an application at such time under this subtitle, and other stakeholders
(i) results in increased capacity for resi- and in such form as the Administrator re- as identified by the Administrator, to pro-
dential and commercial source separated quires, demonstrating that the eligible enti- vide an opportunity for such eligible entities
organics streams; and ty— and stakeholders to share experience and ex-
(ii) generates a usable product that has de- (A) has set specific source reduction or pertise in implementing zero-waste prac-
monstrable environmental benefits when waste prevention targets; tices.
compared to the input materials, such as (B) will carry out such project in commu-
compost with added nutritional content; and nities that are in the 80th percentile or high- SEC. 12705. DEFINITIONS.
(B) such project does not include mixed- er for one or more pollutants as noted in the In this subtitle:
waste composting. EJSCREEN tool, or any successor system, of (1) ADAPTIVE MANAGEMENT PRACTICES.—The
(2) ELECTRONIC WASTE REUSE AND RECY- the Environmental Protection Agency; and term ‘‘adaptive management practices’’
CLING.—An eligible entity receiving a grant (C) will carry out a project that meets the means, with respect to a project, the integra-
under this subtitle may use grant funds to applicable project requirements under sec- tion of project design, management, and
carry out a project relating to electronic tion 12701(b). monitoring to identify project impacts and
waste reuse or recycling, including infra- (2) ADDITIONAL APPLICATION CRITERIA FOR outcomes as they arise and adjust behaviors
structure and technology, research and de- NONPROFIT ORGANIZATION.—In the case of an to improve outcomes.
velopment, and product refurbishment, pro- application from an eligible entity that is a (2) ADMINISTRATOR.—The term ‘‘Adminis-
vided that such project— nonprofit organization, the application shall trator’’ means the Administrator of the En-
(A) does not include an electronic waste include a letter of support for the proposed vironmental Protection Agency.
‘‘buy-back’’ program that provides com- project— (3) DOMESTICALLY-OWNED AND OPERATED.—
pensation for used electronics where such (A) from— The term ‘‘domestically-owned and oper-
compensation is applied as a credit toward (i) a local unit of government; or— ated’’ means, with respect to a business, a
the purchase of additional electronics; and (ii) a nonprofit organization that— business with—
(B) is carried out by an organization cer- (I) has a demonstrated history of under- (A) headquarters located within the United
tified in sustainable electronic waste stand- taking work in the geographic region where States; and
ards by an organization accredited by the the proposed project is to take place; and (B) primary operations carried out in the
National Accreditation Board of the Amer- (II) is not involved in the project being pro- United States.
ican National Standards Institute & The posed; and (4) ELIGIBLE ENTITY.—The term ‘‘eligible
American Society of Quality, or another ac- (B) containing such information as the Ad- entity’’ means—
crediting body as determined appropriate by ministrator may require. (A) a single unit of State, local, or Tribal
the Administrator. (b) PRIORITY FACTORS.— government;
(3) SOURCE REDUCTION.—An eligible entity (1) IN GENERAL.—In awarding grants under (B) a consortium of multiple units of
receiving a grant under this subtitle may use this subtitle, the Administrator shall give State, local, or Tribal government;
grant funds to carry out a project relating to priority to eligible entities that— (C) one or more units of State, local, or
source reduction, and such project may in- (A) have statutorily committed to imple- Tribal government in coordination with for-
clude— menting zero-waste practices; profit or nonprofit organizations; or
(A) educational programming and outreach (B) demonstrate how the project to be car- (D) one or more incorporated nonprofit or-
activities to encourage behavioral changes ried out with grant funds could lead to the ganizations.
in consumers that result in source reduction; creation of new jobs that pay a living wage, (5) EMBODIED ENERGY.—The term ‘‘em-
and with preference for projects that create jobs bodied energy’’ means energy that was used
(B) product or manufacturing redesign or for individuals with barriers to employment, to create a product or material.
redevelopment to reduce byproducts, pack- as determined by the Administrator; (6) LIVING WAGE.—The term ‘‘living wage’’
aging, and other outputs if— (C) will use grant funds for source reduc- means the minimum income necessary to
(i) the applicable manufacturer— tion or waste prevention in schools; allow a person working 40 hours per week to
(I) is domestically-owned and operated; (D) will use grant funds to employ adaptive afford the cost of housing, food, and other
and management practices to identify, prevent, material necessities.
(II) pays a living wage; and or address any negative environmental con- (7) ORGANICS RECYCLING.—The term
(ii) the redevelopment or redesign does not sequences of the proposed project; ‘‘organics recycling’’ means the biological
result in higher toxicity of the product or (E) have a demonstrated need for addi- processes by which organics streams are con-
byproducts, more complicated recyclability tional investment in infrastructure and verted to compost which is not harmful to
of the product or byproducts, or increased projects to achieve source reduction and humans, plants, or animals.
volume of byproducts compared with the waste prevention targets set by the local (8) RECYCLING.—The term ‘‘recycling’’—
original practice. unit of government that is responsible for (A) means the mechanical processing of
(4) MARKET DEVELOPMENT.—An eligible en- waste and recycling projects in the geo- material that has reached the end of its cur-
tity receiving a grant under this subtitle graphic area; rent use into material to be used in the pro-
may use grant funds to carry out a project (F) will use grant funds to develop innova- duction of new products;
relating to market development with respect tive or new technologies and strategies for (B) does not include incineration or any
to source reduction and waste prevention, in- source reduction and waste prevention; other energy recovery process; and
cluding by creating demand for sorted recy- (G) demonstrate how receiving the grant (C) does not include depolymerization or a
clable commodities and refurbished goods will encourage further investment in source similar process.
and promoting domestically-owned and oper- reduction and waste prevention projects; or (9) REUSE.—The term ‘‘reuse’’—
ated manufacturing for projects relating to (H) will incorporate multi-stakeholder in- (A) means—
source reduction or waste prevention, pro- volvement, including nonprofit, commercial, (i) using a product, packaging, or resource
vided that such project— and public sector partners, in carrying out a more than once for the same or a new func-
(A) targets easily or commonly recycled project using grant funds. tion with little to no processing; or
materials which are disproportionately dis- (2) ZERO-WASTE HIERARCHY.—In deter- (ii) repairing a product so it can be used
posed of in landfills or incinerated; mining priority between multiple eligible en- longer, sharing or renting it, or selling or do-
(B) addresses the reduction of the volume, tities who qualify for priority under para- nating it to another party; and
weight, or toxicity of waste and waste by- graph (1), the Administrator shall grant first (B) does not include incineration.
products; and priority to an eligible entity that can dem- (10) SOURCE REDUCTION.—The term ‘‘source
(C) does not conflict with— onstrate how the zero-waste hierarchy was reduction’’—
(i) minimum-content laws, such as post- considered with respect to the project to be (A) includes—
consumer recycled content requirements; carried out with grant funds. (i) activities that reduce consumption of
(ii) beverage container deposits; SEC. 12703. REPORTING. products or services that create physical
(iii) programs funded through retail fees An eligible entity receiving a grant under outputs, such as packaging, that is sec-
for specific products or classes of products this subtitle shall report to the Adminis- ondary to the intended use of the item being
that use such fees to collect, treat, or recy- trator, at such time and in such form as the consumed;
cle such products; or Administrator may require, on the results of (ii) measures or techniques that reduce the
(iv) any applicable recycled product pro- the project carried out with grant funds and amount of waste generated during produc-
curement laws and expanded sustainable any relevant data requested by the Adminis- tion processes; and
government purchasing requirements, as trator to track the effectiveness of the pro-
dlhill on DSK120RN23PROD with HOUSE
(iii) the reduction or elimination of the use
identified by the Administrator. gram established under section 12701(a). of materials which are not able to be recy-
SEC. 12702. GRANT AWARDS. SEC. 12704. ANNUAL CONFERENCE. cled without degrading the quality of the
(a) APPLICATION.— In each of calendar years 2022 through 2027, material; and
(1) CRITERIA FOR ALL APPLICANTS.—To be the Administrator shall convene an annual (B) does not include incineration.
eligible to receive a grant under this sub- conference for eligible entities, including eli- (11) SOURCE SEPARATED.—The term ‘‘source
title, an eligible entity shall submit to the gible entities that have received a grant separated’’—
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H4926 CONGRESSIONAL RECORD — HOUSE September 24, 2020
(A) means the separation of a stream of re- (D) the Council on Climate Preparedness Framework for Action on Black Carbon and
cyclable materials at the point of waste cre- and Resilience; and Methane.
ation before the materials are collected and (E) the Clean Cooking Alliance; (c) CLIMATE AND CLEAN AIR COALITION.—
centralized; and (2) develop an action plan to reduce short- The Administrator, in coordination with the
(B) does not include technologies that sort lived climate pollutants that incorporates Secretary of State, is encouraged to work
mixed municipal solid waste into recyclable any appropriate proposals or recommenda- with the Climate and Clean Air Coalition to
and non-recyclable materials. tions made by the entities referred to in Reduce Short-Lived Climate Pollutants to
(12) WASTE PREVENTION.—The term ‘‘waste paragraph (1) that are relevant to short-lived craft specific financing mechanisms for the
prevention’’ includes reuse, recycling, and climate pollutants; incremental cost of international black car-
other methods to reduce the amount of ma- (3) identify any Federal program that is, or bon mitigation activities.
terials disposed of in landfills or incinerated. could be, relevant to reducing short-lived cli- (d) BLACK CARBON MITIGATION ACTIVITIES.—
(13) ZERO-WASTE.—The term ‘‘zero-waste’’ mate pollutants— (1) PRIORITIZATION.—The Administrator of
means the conservation of all resources by (A) in the United States; or the United States Agency for International
means of responsible production, consump- (B) worldwide; Development, in cooperation with the Ad-
tion, reuse, and recovery of products, pack- (4) identify overlapping and duplicative ministrator, shall—
aging, and materials without burning or oth- Federal programs addressing short-lived cli- (A) encourage black carbon mitigation ac-
erwise destroying embodied energy, with no mate pollutants that would benefit from con- tivities as part of official development as-
discharges to land, water, or air that threat- solidation and streamlining; sistance and programmatic activities;
en the environment or human health. (5) identify gaps and serious deficiencies in (B) give special emphasis to projects that
(14) ZERO-WASTE PRACTICE.—The term Federal programs targeted at short-lived cli- produce substantial environmental, gender,
‘‘zero-waste practice’’ means a practice used mate pollutants, including gaps and defi- livelihood, and public health benefits, in-
to help achieve zero-waste, including source ciencies that can be addressed through a cluding support for clean-burning cookstoves
reduction and waste prevention. combination of assessment, scientific re- and fuels; and
SEC. 12706. AUTHORIZATION OF APPROPRIA- search, monitoring, and technological devel- (C) work with the Global Alliance for Clean
TIONS. opment activities, with an emphasis on— Cookstoves to help developing nations estab-
There is authorized to be appropriated to (A) industry standards; and lish thriving markets for clean and efficient
the Administrator to carry out this subtitle (B) public-private partnerships; cooking solutions.
$250,000,000 for the period of fiscal years 2021 (6) in developing recommendations, consult (2) EMISSIONS REDUCTIONS.—The Secretary
through 2028. with affected stakeholders in private indus- of State, in collaboration with the Adminis-
try; and trator, the Secretary of Energy, and the Sec-
AMENDMENT NO. 61 OFFERED BY MS. OMAR OF
(7) not later than 18 months after the date retary of Transportation, shall provide aid to
MINNESOTA
of enactment of this Act, submit to the Com- international efforts to reduce black carbon
Add at the end of subtitle F of title XII the mittee on Energy and Commerce of the emissions from diesel trucks and ships, 2-
following: House of Representatives and the Committee stroke engines, diesel generators, and indus-
SEC. 12607. REPORT ON FOSSIL FUEL SUBSIDIES. on Environment and Public Works of the trial processes by providing technical assist-
The Secretary of the Treasury, in con- Senate a report describing the findings and ance—
sultation with other relevant departments recommendations resulting from the activi- (A) to help developing nations lower the
and agencies, shall submit to Congress a re- ties described in paragraphs (1) through (6). sulfur content of diesel fuels;
port that contains— AMENDMENT NO. 66 OFFERED BY MR. PETERS OF
(B) to expand access to diesel particulate
(1) an identification of any existing fossil CALIFORNIA
filters;
fuel production subsidies not eliminated by (C) to provide vehicle manufacturers with
At the end of title III, add the following: low- and zero-emission engine designs;
this Act, or the amendments made by this
Act; and Subtitle D—Black Carbon (D) to deploy on-road, off-road, and shore-
(2) a quantification of the economic costs SEC. 3401. REDUCTION OF BLACK CARBON EMIS- side infrastructure to support zero-emission
of such subsidies. SIONS. engine technologies;
(a) COMPREHENSIVE PLAN.— (E) to develop other mitigation activities,
AMENDMENT NO. 65 OFFERED BY MR. PETERS OF
(1) IN GENERAL.—The Administrator of the including energy efficiency alternatives for
CALIFORNIA
Environmental Protection Agency (in this generators and industrial processes; and
At the end of title III, add the following: (F) to reduce ammonia emissions from ag-
section referred to as the ‘‘Administrator’’),
Subtitle D—Interagency Task Force on Short- in consultation with the Secretary of En- riculture.
Lived Climate Pollutant Mitigation ergy, the Secretary of State, the Secretary AMENDMENT NO. 67 OFFERED BY MR. PETERS OF
SEC. 3401.INTERAGENCY TASK FORCE ON of Transportation, the Secretary of Com- CALIFORNIA
SHORT-LIVED CLIMATE POLLUTANT merce, and the Commandant of the Coast Add after section 12606 the following:
MITIGATION. Guard, shall develop a comprehensive plan to SEC. 12607. PUBLICATION OF INTERCONNEC-
(a) ESTABLISHMENT.—Not later than 90 days reduce black carbon emissions from ships TIONS SEAMS STUDY.
after the date of enactment of this Act, the based on appropriate emissions data from Not later than 30 days after the date of the
President shall establish a task force, to be oceangoing vessels. The plan shall provide enactment of this Act, the Secretary of En-
known as the Interagency Task Force on for such reduction through— ergy shall submit to Congress and make pub-
Short-Lived Climate Pollutant Mitigation. (A) a clean freight partnership; licly available on the website of the Depart-
(b) MEMBERSHIP.—The members of the (B) limits on black carbon emissions; and ment a report on the results of the Inter-
Task Force shall include the head (or a des- (C) efforts that include protection of access connections Seam Study conducted by the
ignee thereof) of each of— to critical fuel shipments and emergency Department.
(1) the Department of Agriculture; needs of coastal communities. Page 9, after the matter relating to section
(2) the Department of Commerce; (2) ROADMAP.—A principal objective of the 12606, insert the following:
(3) the Department of Defense; plan developed pursuant to paragraph (1) Sec. 12607. Publication of Interconnections
(4) the Department of Energy; shall be the establishment, in coordination Seams Study.
(5) the Department of Health and Human with the Secretary of State, of a roadmap for
AMENDMENT NO. 70 OFFERED BY MS. PLASKETT
Services; helping countries to reduce fine-particle
OF VIRGIN ISLANDS
(6) the Department of the Interior; (PM2.5) and black carbon emissions in the
(7) the Department of State; shipping sector through— At the end of title II, add the following
(8) the Department of Transportation; (A) the installation of advanced emissions subtitle:
(9) the Environmental Protection Agency; controls; Subtitle G—Renewable Energy Grant
(10) the National Oceanic and Atmospheric (B) the reduction of sulfur content in fuels; Program
Administration; and SEC. 2701. RENEWABLE ENERGY GRANT PRO-
(11) the Council on Environmental Quality; (C) the adoption of black carbon control GRAM.
(12) the United States Agency for Inter- policies. (a) ESTABLISHMENT.—Not later than 180
national Development; and (b) BLACK CARBON EMISSIONS REDUCTION days after the date of enactment of this Act,
(13) any other Federal agency the Presi- GOALS.—The Administrator, in coordination the Secretary shall establish a renewable en-
dent determines appropriate. with the Secretary of State, and other rel- ergy program (in this section referred to as
(c) DUTIES.—The Task Force shall— evant Federal agencies, shall— the ‘‘program’’) under which the Secretary
dlhill on DSK120RN23PROD with HOUSE
(1) review the policy recommendations (1) lead an effort to reduce black carbon may award grants to covered entities to fa-
made by— through an Arctic-wide aspirational black cilitate projects, in territories of the United
(A) the Intergovernmental Panel on Cli- carbon goal; and States, described in subsection (c).
mate Change; (2) encourage observers of the Arctic Coun- (b) APPLICATIONS.—To be eligible for a
(B) the United States Climate Alliance; cil (including India and China) to adopt miti- grant under the program, a covered entity
(C) the Interagency Strategy to Reduce gation plans consistent with the findings and shall submit to the Secretary an application
Methane Emissions; recommendations of the Arctic Council’s at such time, in such form, and containing
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September 24, 2020 CONGRESSIONAL RECORD — HOUSE H4927
such information as the Secretary may re- (B) that has the ability— (4) ELECTRIC UTILITY.—The term ‘‘electric
quire. (i) to disconnect from a traditional electric utility’’ has the meaning given the term in
(c) GRANT USES.— grid; and section 3 of the Federal Power Act (16 U.S.C.
(1) IN GENERAL.—A covered entity receiving (ii) to operate autonomously when discon- 796).
a grant under the program may use grant nected. (5) GRID OPERATOR.—The term ‘‘grid oper-
funds for a project, in territories of the (4) RENEWABLE ENERGY; RENEWABLE ENERGY ator’’ means—
United States— SYSTEM.—The terms ‘‘renewable energy’’ and (A) a Transmission Organization, includ-
(A) to develop or construct a renewable en- ‘‘renewable energy system’’ have the mean- ing—
ergy system; ings given those terms in section 415(c) of (i) an Independent System Operator; and
(B) to carry out an activity to increase en- the Energy Conservation and Production Act (ii) a Regional Transmission Organization;
ergy efficiency; (42 U.S.C. 6865(c)). (B) a public utility; and
(C) to develop or construct an energy stor- (5) SECRETARY.—The term ‘‘Secretary’’ (C) an electric utility.
age system or device for— means the Secretary of Energy. (6) INDEPENDENT SYSTEM OPERATOR.—The
(i) a system developed or constructed (6) SMART GRID.—The term ‘‘smart grid’’ term ‘‘Independent System Operator’’ has
under subparagraph (A); or means an intelligent electric grid that uses the meaning given the term in section 3 of
(ii) an activity carried out under subpara- digital communications technology, infor- the Federal Power Act (16 U.S.C. 796).
graph (B); mation systems, and automation to, while (7) INITIATIVE.—The term ‘‘Initiative’’
(D) to develop or construct— maintaining high system reliability— means the Advanced Energy Technology Re-
(i) a smart grid; or (A) detect and react to local changes in search Initiative established under section
(ii) a microgrid; or usage; 5103(a)(1).
(E) to train residents of territories of the (B) improve system operating efficiency; (8) PUBLIC UTILITY.—The term ‘‘public util-
United States to develop, construct, main- and ity’’ has the meaning given the term in sec-
tain, or operate a renewable energy system. (C) reduce spending costs. tion 201(e) of the Federal Power Act (16
(2) LIMITATION.—A covered entity receiving (7) TERRITORY.—The term ‘‘territory’’ U.S.C. 824(e)).
a grant under the program may not use means the Commonwealth of Puerto Rico, (9) REGIONAL TRANSMISSION ORGANIZA-
grant funds to develop or construct a facility Guam, the United States Virgin Islands, TION.—The term ‘‘Regional Transmission Or-
that generates electricity using energy de- American Samoa, and the Commonwealth of ganization’’ has the meaning given the term
rived from— the Northern Mariana Islands. in section 3 of the Federal Power Act (16
(A) fossil fuels; or (h) AUTHORIZATION OF APPROPRIATIONS.— U.S.C. 796).
(B) nuclear power. There are authorized to be appropriated such (10) SECRETARY.—The term ‘‘Secretary’’
(d) TECHNICAL ASSISTANCE.—The Secretary sums as may be necessary to carry out this means the Secretary of Energy.
shall ensure that Department of Energy na- section. (11) TRANSMISSION ORGANIZATION.—The
tional laboratories offer to provide technical term ‘‘Transmission Organization’’ has the
AMENDMENT NO. 71 OFFERED BY MR. POCAN OF
assistance to each covered entity carrying meaning given the term in section 3 of the
WISCONSIN
out a project assisted with a grant under the Federal Power Act (16 U.S.C. 796).
program. At the end of title XII of the committee SEC. 5103. POWER SYSTEM MODELING REFORM
(e) REPORT.—Not later than two years after print, add the following new subtitle: AND UPDATES TO GRID SERVICES
the establishment of the program, and on an Subtitle G—Radon Abatement AND GRID OPERATOR SOFTWARE.
annual basis thereafter, the Secretary shall Reauthorization (a) ADVANCED ENERGY TECHNOLOGY RE-
submit to Congress a report containing— SEARCH INITIATIVE.—
SEC. 12701. TECHNICAL ASSISTANCE TO STATES
(1) an estimate of the amount of funds dis- FOR RADON PROGRAMS REAUTHOR- (1) IN GENERAL.—Not later than 90 days
bursed under the program; IZED. after the date of enactment of this Act, the
(2) an estimate of the energy conservation Section 305(e) of the Toxic Substances Con- Commission, in coordination with the Sec-
achieved as a result of the program; trol Act (15 U.S.C. 2665(e)) is amended by retary, shall establish an initiative, to be
(3) a description of challenges encountered striking ‘‘1989, 1990, and 1991’’ and inserting known as the ‘‘Advanced Energy Technology
in implementing projects described in sub- ‘‘2021, 2022, and 2023’’. Research Initiative’’, to research and provide
section (c)(1); and recommendations on how to improve the
SEC. 12702. GRANT ASSISTANCE TO STATES FOR
(4) recommendations as to additional legis- RADON PROGRAMS REAUTHORIZED. modeling, operational, and planning prac-
lative measures to increase the use of renew- tices used for the bulk electric system.
Section 306(j) of the Toxic Substances Con-
able energy in territories of the United (2) ADVISORY COMMITTEE.—
trol Act (15 U.S.C. 2666(j)) is amended by
States, as appropriate. (A) IN GENERAL.—Not later than 180 days
striking ‘‘1989, 1990, and 1991’’ and inserting
(f) GAO STUDY AND REPORT.— after the date of enactment of this Act, the
‘‘2021, 2022, and 2023’’.
(1) STUDY AND REPORT.—Not later than 180 Commission, in coordination with the Sec-
SEC. 12703. REGIONAL RADON TRAINING CEN-
days after the date of enactment of this sec- TERS REAUTHORIZED.
retary, shall establish an advisory com-
tion, the Comptroller General of the United mittee to research, report on, and provide
Section 308(f) of the Toxic Substances Con-
States shall— recommendations on matters relating to the
trol Act (15 U.S.C. 2668(f)) is amended by
(A) conduct a study regarding renewable Initiative, including—
striking ‘‘1989, 1990, and 1991’’ and inserting
energy and energy efficiency in territories of (i) whether the existing modeling and long-
‘‘2021, 2022, and 2023’’.
the United States; and term and short-term planning practices used
AMENDMENT NO. 73 OFFERED BY MR. QUIGLEY OF by grid operators for power systems, includ-
(B) submit to Congress a report con-
ILLINOIS ing power markets, adequately incorporate
taining—
(i) the findings of the study; and After the item in the table of contents re- expected integration with respect to ad-
(ii) related recommendations. lating to section 5101, insert the following: vanced energy technologies;
(2) COMPONENTS.—The study conducted Sec. 5102. Definitions. (ii) whether the methods used to determine
under paragraph (1) shall consider, in rela- Sec. 5103. Power system modeling reform future transmission and capacity needs and
tion to territories of the United States, the and updates to grid services and make reliability-related determinations use
potential— grid operator software. the right data to adequately forecast and
(A) to modify existing electric power sys- Sec. 5104. Advanced energy and grid effi- model the integration of advanced energy
tems to use renewable energy sources; ciency studies and report. technology into electric power systems;
(B) to expand the use of microgrids; and Page 436, after line 15, insert the following: (iii) whether the modeling and planning
(C) to improve energy resiliency. SEC. 5102. DEFINITIONS. practices described in clause (i) and the
(g) DEFINITIONS.—In this section, the fol- In sections 5103 and 5104: methods described in clause (ii) need to be
lowing definitions apply: (1) ADVANCED ENERGY TECHNOLOGY.—The updated to better account for the integration
(1) COVERED ENTITY.—The term ‘‘covered term ‘‘advanced energy technology’’ means of advanced energy technology into electric
entity’’ means a not-for-profit organization any energy generation, load-modifying power systems;
determined eligible by the Secretary for pur- transmission, or storage technology with (iv) any undue barriers to the adoption of
poses of this section. zero or minimal greenhouse gas emissions advanced energy technology presented by—
(2) DEPARTMENT OF ENERGY NATIONAL LAB- that is connected— (I) existing modeling, operational, and
ORATORIES.—The term ‘‘Department of En- (A) to the distribution system; planning practices; and
ergy national laboratories’’ has the same (B) to the transmission system; or (II) State estimation tools for planning and
meaning as the term ‘‘National Laboratory’’ (C) behind the meter. reliability;
dlhill on DSK120RN23PROD with HOUSE
under section 2 of the Energy Policy Act of (2) ADVISORY COMMITTEE.—The term ‘‘Advi- (v) any need to develop emerging tech-
2005 (42 U.S.C. 15801). sory Committee’’ means the advisory com- nologies or software for use in improving
(3) MICROGRID.—The term ‘‘microgrid’’ mittee established under section modeling, planning, and operations in whole-
means an electric system— 5103(a)(2)(A). sale electricity markets to resolve computa-
(A) that serves the local community with a (3) COMMISSION.—The term ‘‘Commission’’ tional or technical barriers to the adoption
power generation and distribution system; means the Federal Energy Regulatory Com- of advanced energy technology, including
and mission. software relating to—
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H4928 CONGRESSIONAL RECORD — HOUSE September 24, 2020
(I) the use of big data, artificial intel- (C) new power system (including power (II) the costs, benefits, and challenges asso-
ligence, and probabilistic methods to pre- market) modeling platforms; ciated with deployment of the advanced en-
dict, in near-real-time— (D) cybersecurity and physical security up- ergy technologies described in subparagraph
(aa) energy generation from variable and grades; and (A); and
distributed resources; (E) resilience upgrades. (III) the impact of grid efficiency improve-
(bb) load profiles; and (2) ELIGIBLE ENTITIES DESCRIBED.—An eligi- ments on wholesale and retail electricity
(cc) consumption and congestion; and ble entity referred to in paragraph (1) is— rates; and
(II) the use of artificial intelligence to im- (A) a grid operator; (ii) an analysis of the role of financial and
prove the responsiveness of energy system (B) a State public utility commission; regulatory incentives in the deployment of
operations; (C) an energy cooperative; advanced energy technologies, as determined
(vi) whether existing and future grid reli- (D) a municipality; by the Secretary.
ability service definitions and the modeling (E) an electric utility; (b) REPORT.—Not later than 18 months
techniques, operational processes, and plan- (F) a gas utility; or after the date of enactment of this Act, the
ning processes used to procure grid reli- (G) a State energy office. Secretary shall submit to the Committee on
ability services— (3) ELIGIBLE ACTIVITIES.—The Secretary Energy and Natural Resources of the Senate
(I) appropriately account for the technical may enter into a financial assistance agree- and the Committee on Energy and Commerce
and operational characteristics of advanced ment under this subsection for— of the House of Representatives a report de-
energy technologies; (A) software upgrades by grid operators; scribing the results of the studies under
(II) allow for the use of those advanced en- (B) new power system (including power paragraphs (1) and (2) of subsection (a).
ergy technologies to provide grid reliability market) modeling platforms; AMENDMENT NO. 74 OFFERED BY MR. ROUDA OF
services; and (C) enhancements to cybersecurity safe- CALIFORNIA
(III) include appropriate cybersecurity guards; or
Add at the end of subtitle H of title I the
safeguards; and (D) updated power system (including power
following:
(vii) any rulemaking, technical conference, market) planning, updated power system (in-
SEC. 1806. REMOVING BARRIERS TO EFFICIENCY.
or policy statement that, in the determina- cluding power market) modeling, or updated
tion of the Advisory Committee, the Com- reliability planning and modeling by grid op- (a) IN GENERAL.—Section 327 of the Energy
mission should consider. erators. Policy and Conservation Act (42 U.S.C. 6297)
(B) COMPOSITION.—The Advisory Com- (4) COST SHARING.—In awarding Federal fi- is amended by adding at the end the fol-
mittee shall consist of— nancial assistance (including grants, loans, lowing:
(i) not fewer than 1 representative from and any other form of financial assistance) ‘‘(h) SUSPENSION OF PREEMPTION.—This sec-
each of— to fund eligible activities under this sub- tion shall not apply to a covered product
(I) the Commission; section, the Secretary shall require cost during any period that—
(II) the Department of Energy; sharing in accordance with section 988 of the ‘‘(1) begins on the date that is 8 years after
(III) the Electric Reliability Organization Energy Policy Act of 2005 (42 U.S.C. 16352). the date on which the energy conservation
(as defined in section 215(a) of the Federal (5) COORDINATION.—In carrying out the Ad- standard was established under section 325
Power Act (16 U.S.C. 824o(a))); vanced Energy Technology and Grid Services for the covered product; and
(IV) an Independent System Operator or a Program established under this subsection, ‘‘(2) ends on the effective date of an energy
Regional Transmission Organization; the Secretary, to the maximum extent prac- conservation standard established after the
(V) an entity generating electric power ticable, shall coordinate with existing pro- date described in paragraph (1) under section
that is not affiliated with a transmission- grams of the Department of Energy that 325 for the covered product, that is equiva-
owning public or nonpublic utility; focus on grid modernization efforts. lent to, or more stringent than, the standard
(VI) an environmental organization with SEC. 5104. ADVANCED ENERGY AND GRID EFFI- described in such paragraph.
expertise on the bulk electric system; and CIENCY STUDIES AND REPORT. ‘‘(i) NO PREEMPTION ABSENT A FEDERAL
(VII) an institution of higher education (a) STUDIES.— STANDARD.—
with expertise on the bulk electric system; (1) ADVANCED ENERGY STUDY.—The Sec- ‘‘(1) APPLICATION.—Notwithstanding any
(ii) not fewer than 2 designees of the Na- retary, in coordination with the Commis- other provision of this part, this section does
tional Association of Regulatory Utility sion, shall carry out a study of the costs and not apply to any State regulation insofar as
Commissioners; benefits to consumers of updating power sys- the State regulation applies to any product
(iii) not fewer than 3 representatives from tem planning, modeling, and operational not subject to an energy conservation stand-
public utilities or electric utilities in areas practices, including reliability-related plan- ard established under section 325.
not serviced by an Independent System Oper- ning, and energy market participation rules ‘‘(2) COMPLIANCE PERIOD.—Any State regu-
ator or a Regional Transmission Organiza- on advanced energy technologies and re- lation prescribed or enacted for a covered
tion; and sources, including distributed energy tech- product before the date on which an energy
(iv) not fewer than 2 representatives from nologies and resources, such as— conservation standard is established under
private and nonprofit associations with ex- (A) energy storage technologies; section 325 for the covered product shall not
pertise in the development, deployment, and (B) energy efficiency and transmission effi- be preempted until the effective date of an
use of advanced energy technologies. ciency technologies; equivalent or more stringent energy con-
(C) REPORTS.—Not later than 18 months (C) distributed solar and wind energy gen- servation standard under section 325 for the
after the date of enactment of this Act, and eration; covered product.’’.
every 2 years thereafter for 10 years, the Ad- (D) fuel cells; (b) ASHRAE PRODUCTS.—Section 345(b)(2)
visory Committee shall submit to the Com- (E) smart thermostats and smart building of the Energy Policy and Conservation Act
mittee on Energy and Natural Resources of technologies; (42 U.S.C. 6316(b)(2)) is amended by adding at
the Senate and the Committee on Energy (F) demand response technologies, includ- the end the following:
and Commerce of the House of Representa- ing natural gas demand response tech- ‘‘(E) Notwithstanding subparagraph (A), a
tives a report on the Initiative, including the nologies; standard prescribed or established under sec-
findings or recommendations of the Advisory (G) advanced metering technologies; tion 342(a) shall not supersede any State or
Committee with respect to the matters de- (H) electric vehicles and electric vehicle local regulation concerning the energy effi-
scribed in clauses (i) through (vii) of sub- charging infrastructure; ciency or energy use of a product for which
paragraph (A). (I) any aggregation of the distributed en- a standard is prescribed or established pursu-
(b) ADVANCED ENERGY TECHNOLOGY AND ergy technologies and resources described in ant to such section during any period that—
GRID SERVICES PROGRAM.— subparagraph (A) or (C); and ‘‘(i) begins on the date that is 8 years after
(1) IN GENERAL.—Not later than 180 days (J) any other advanced energy tech- the date on which such standard was pre-
after the date of enactment of this Act, the nologies, as determined by the Secretary. scribed or established; and
Secretary shall establish a competitive fi- (2) GRID EFFICIENCY STUDY.— ‘‘(ii) ends on the effective date of a stand-
nancial assistance program, to be known as (A) IN GENERAL.—The Secretary, in coordi- ard prescribed or established after the date
the ‘‘Advanced Energy Technology and Grid nation with the Commission, shall carry out described in clause (i) under section 342(a)
Services Program’’, under which the Sec- a study of the barriers and opportunities for for the product, that is equivalent to, or
retary shall enter into Federal financial as- advanced energy technologies that provide more stringent than, the standard described
sistance agreements with eligible entities increased, more efficient, or more effective in such clause.’’.
described in paragraph (2) for the purpose of delivery over the existing transmission net- AMENDMENT NO. 75 OFFERED BY MR. RUSH OF
increasing the market penetration of ad- work. ILLINOIS
dlhill on DSK120RN23PROD with HOUSE
vanced energy technology through advanced (B) REQUIREMENTS.—The study under sub- At the end of part 2 of subtitle A of title
research and development and pilot dem- paragraph (A) shall include— XII, add the following new section:
onstrations of— (i) an examination of— SEC. 12114. ENERGY JOBS COUNCIL AND ANNUAL
(A) software upgrades, including upgrades (I) the reliability, resilience, and economic ENERGY EMPLOYMENT REPORT.
to the software platforms used to operate benefits of technologies such as power flow (a) ENERGY JOBS COUNCIL.—
wholesale energy markets; control, topology optimization, and dynamic (1) ESTABLISHMENT.—Not later than 90 days
(B) updated power system planning; line ratings; after the date of enactment of this Act, the
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September 24, 2020 CONGRESSIONAL RECORD — HOUSE H4929
Secretary of Energy (referred to in this sec- (B) subject to the requirements of the Con- emissions from fossil fuel facilities on the
tion as the ‘‘Secretary’’) shall establish a fidential Information Protection and Statis- health of environmental justice commu-
council, to be known as the ‘‘Energy Jobs tical Efficiency Act of 2002 (44 U.S.C. 3501 nities, including such effects on the environ-
Council’’ (referred to in this section as the note; Public Law 107–347), make the data col- ment or that result in adverse human health
‘‘Council’’). lected by the Council publicly available on for such communities.
(2) MEMBERSHIP.—The Council shall be the website of the Department of Energy. (2) INCLUSION.—In evaluating effects under
comprised of— (2) CONTENTS.— paragraph (1), the Administrator of the Envi-
(A) to be appointed by the Secretary— (A) IN GENERAL.—The report under para- ronmental Protection Agency shall consider
(i) one or more representatives of the En- graph (1) shall include employment figures the distance between fossil fuel facilities and
ergy Information Administration; and and demographic data for— environmental justice communities.
(ii) one or more representatives of a State (i) the energy sector of the economy of the (b) REPORT.—Not later than 180 days after
energy office that are serving as members of United States, including— the date of enactment of this Act, the Ad-
the State Energy Advisory Board established (I) the electric power generation and fuels ministrator shall submit to Congress a re-
by section 365(g) of the Energy Policy and sector; and port that summarizes the study conducted
Conservation Act (42 U.S.C. 6325(g)); (II) the transmission, storage, and distribu- under subsection (a).
(B) to be appointed by the Secretary of tion sector; (c) DEFINITIONS.—In this section:
Commerce— (ii) the energy efficiency sector of the (1) ADMINISTRATOR.—The term ‘‘Adminis-
(i) one or more representatives of the De- economy of the United States; and trator’’ means the Administrator of the En-
partment of Commerce; and (iii) the motor vehicle sector of the econ- vironmental Protection Agency.
(ii) one or more representatives of the Bu- omy of the United States. (2) ENVIRONMENTAL JUSTICE COMMUNITY.—
reau of the Census; (B) INCLUSION.—With respect to each sector The term ‘‘environmental justice commu-
(C) one or more representatives of the Bu- described in subparagraph (A), the report nity’’ has the meaning given such term in
reau of Labor Statistics, to be appointed by under paragraph (1) shall include employ- section 11001.
the Secretary of Labor; and ment figures and demographic data sorted (3) FOSSIL FUEL FACILITY.—The term ‘‘fossil
(D) one or more representatives of any by— fuel facility’’ has the meaning given such
other Federal agency the assistance of which (i) each technology, subtechnology, and term by the Administrator for purposes of
is required to carry out this Act, as deter- fuel type of those sectors; and the National Emissions Inventory.
mined by the Secretary, to be appointed by (ii) subject to the requirements of the Con- Page 894, line 7, strike ‘‘12606’’ and insert
the head of the applicable agency. fidential Information Protection and Statis- ‘‘12607’’.
(b) SURVEY AND ANALYSIS.—
tical Efficiency Act of 2002 (44 U.S.C. 3501 AMENDMENT NO. 85 OFFERED BY MR. TONKO OF
(1) IN GENERAL.—The Council shall—
note; Public Law 107–347)— NEW YORK
(A) conduct a survey of employers in the
(I) each State; Page 593, after line 17, insert the following
energy, energy efficiency, renewable energy,
(II) each territory of the United States; new subtitle:
and motor vehicle sectors of the economy of
(III) the District of Columbia; and Subtitle G—Low-carbon Fuels
the United States; and
(IV) each county (or equivalent jurisdic-
(B) perform an analysis of the employment SEC. 6701. STUDY BY NATIONAL ACADEMY OF
tion) in the United States.
figures and demographics in those sectors, SCIENCES.
including the number of personnel in each AMENDMENT NO. 83 OFFERED BY MR. THOMPSON (a) IN GENERAL.—The Administrator of the
sector who devote a substantial portion of OF CALIFORNIA Environmental Protection Agency, after
working hours, as determined by the Sec- Add at the end of title II the following: consultation with the Secretary of Energy
retary, to compliance matters. Subtitle G—Other and the Secretary of Agriculture, shall seek
(2) METHODOLOGY.—In conducting the sur- to enter into an agreement with the Na-
SEC. 2701. AMENDMENT TO ENERGY POLICY ACT
vey and analysis under paragraph (1), the OF 2005 DEFINITION OF RENEWABLE tional Academy of Sciences (or, if the Acad-
Council shall employ a methodology that— ENERGY. emy declines, another appropriate entity)
(A) was approved in 2016 by the Office of (a) IN GENERAL.—Section 203 of the Energy under which the Academy (or other appro-
Management and Budget for use in the docu- Policy Act of 2005 (42 U.S.C. 15852) is amend- priate entity) agrees to—
ment entitled ‘‘OMB Control Number 1910– ed— (1) assess current methods for life cycle
5179’’; (1) in subsection (b)(2), by striking ‘‘gen- greenhouse gas emissions analyses for low-
(B) uses a representative, stratified sam- erated’’ and inserting ‘‘produced’’; and carbon transportation fuels in the United
pling of businesses in the United States; and (2) in subsection (c)— States; and
(C) is designed to elicit a comparable num- (A) by redesignating paragraphs (1) (2) develop a framework for assessing
ber of responses from businesses in each through (3) as subparagraphs (A) through (C), broader environmental implications of low-
State and with the same North American In- respectively, and indenting appropriately; carbon transportation fuels in addition to
dustry Classification System codes as were (B) in the matter preceding subparagraph greenhouse gas emissions.
received for the 2016 and 2017 reports entitled (A) (as so redesignated), by striking ‘‘For (b) TIMING OF AGREEMENT.—The Adminis-
‘‘U.S. Energy and Employment Report’’. purposes’’ and inserting the following: trator shall seek to enter into the agreement
(3) CONSULTATION.—In conducting the sur- ‘‘(1) IN GENERAL.—For purposes’’; and described in subsection (a) not later than 60
vey and analysis under paragraph (1), the (C) by adding at the end the following: days after the date of enactment of this Act.
Council shall consult with key stakeholders, ‘‘(2) SEPARATE CALCULATION.— (c) ASSESSMENT.—The assessment pursuant
including— ‘‘(A) IN GENERAL.—For purposes of deter- to subsection (a)(1) shall examine methods
(A) as the Council determines to be appro- mining compliance with the requirement of for calculating life cycle greenhouse gas
priate, the heads of relevant Federal agen- this section, any energy consumption that is emissions associated with transportation
cies and offices, including— avoided through the use of geothermal en- fuels (liquid and nonliquid), including—
(i) the Secretary of Commerce; ergy shall be considered to be renewable en- (1) direct greenhouse gas emissions, includ-
(ii) the Secretary of Transportation; ergy produced. ing all stages of fuel and feedstock produc-
(iii) the Director of the Bureau of the Cen- ‘‘(B) EFFICIENCY ACCOUNTING.—Energy con- tion, distribution, and use; and
sus; sumption that is avoided through the use of (2) potentially significant indirect green-
(iv) the Commissioner of the Bureau of geothermal energy that is considered to be house gas emissions.
Labor Statistics; and renewable energy under this section shall (d) FRAMEWORK.—The framework pursuant
(v) the Administrator of the Environ- to subsection (a)(2) shall include a rec-
not be considered energy efficiency for the
mental Protection Agency; ommended framework and approaches for de-
purpose of compliance with Federal energy
(B) States; tailed quantitative assessments of the com-
efficiency goals, targets, and incentives.’’.
(C) the State Energy Advisory Board estab- (b) CONFORMING AMENDMENT.—Section parative environmental implications of low-
lished by section 365(g) of the Energy Policy 2410q(a) of title 10, United States Code, is carbon transportation fuels (liquid and non-
and Conservation Act (42 U.S.C. 6325(g)); and amended by striking ‘‘section 203(b)(2) of the liquid), including—
(D) energy industry trade associations. Energy Policy Act of 2005 (42 U.S.C. (1) life cycle implications for air, water,
(c) REPORT.— land, and ecosystems in different regions of
15852(b)(2))’’ and inserting ‘‘section 203(b) of
(1) IN GENERAL.—Not later than 1 year after the United States and over time; and
the Energy Policy Act of 2005 (42 U.S.C.
the date of enactment of this Act, and annu- (2) potential environmental implications
15852(b))’’.
ally thereafter, the Secretary shall— over the life cycle of transportation fuels for
(A) make publicly available on the website AMENDMENT NO. 84 OFFERED BY MS. TLAIB OF
low-income and disadvantaged communities
MICHIGAN
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of the Department of Energy a report, to be and communities of color.
entitled the ‘‘U.S. Energy and Employment Page 894, after line 6, insert the following: (e) REPORTS.—The agreement under sub-
Report’’, describing the employment figures SEC. 12606. REPORT ON EFFECTS OF EMISSIONS section (a) shall provide for the publication
and demographics in the energy, energy effi- FROM FOSSIL FUEL FACILITIES. by the Academy (or other appropriate enti-
ciency, and motor vehicle sectors of the (a) STUDY.— ty) of—
United States based on the survey and anal- (1) IN GENERAL.—The Administrator shall (1) not later than 12 months after the date
ysis conducted under subsection (b); and conduct a study to evaluate the effect of of enactment of this Act, a report—
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H4930 CONGRESSIONAL RECORD — HOUSE September 24, 2020
(A) describing the results of the assess- (17) MULTIFAMILY BUILDING OWNER.—The (C) provides services related to—
ment under subsection (a)(1); and term ‘‘multifamily building owner’’ means (i) zero emission electricity technology de-
(B) recommending a standardized approach the owner of a tenant-occupied multifamily ployment and maintenance and energy effi-
to calculating life cycle greenhouse gas building. ciency;
emissions from low-carbon transportation Page 106, line 12, before the semicolon in- (ii) grid modernization; or
fuels (liquid and nonliquid); and sert ‘‘, including energy audits and assess- (iii) reduction in greenhouse gas emissions
(2) not later than 18 months after the date ments relevant to multifamily buildings’’. through the use of zero-emission energy
of enactment of this Act, a report providing Page 106, line 13, after ‘‘home’’ insert ‘‘and technologies;
recommendations for a framework to assess multifamily building’’. (D) has knowledge of technician workforce
environmental implications, in addition to Page 112, line 5: after ‘‘homeowner’’ insert needs of a National Laboratory or covered
greenhouse gas emissions, of low-carbon ‘‘or multifamily building owner’’. facility of the National Nuclear security Ad-
transportation fuels (liquid and nonliquid). Page 112, line 10, before the semicolon in- ministration and the associated security re-
(f) DEFINITIONS.—In this section: sert ‘‘or the household living in a multi- quirements of such laboratory or facility;
(1) ACADEMY.—The term ‘‘Academy’’ means family building’’. (E) demonstrates experience in imple-
the National Academy of Sciences. Page 112, line 13, after ‘‘homeowner’’ insert menting and operating apprenticeship pro-
(2) ADMINISTRATOR.—The term ‘‘Adminis- ‘‘or the household living in a multifamily grams or pre-apprenticeship programs that
trator’’ means the Administrator of the En- building’’. provide a direct pathway to an energy-re-
vironmental Protection Agency. Page 114, line 11, after ‘‘home’’ insert ‘‘of a lated career; or
(3) LIFE CYCLE GREENHOUSE GAS EMIS- homeowner or household living in a multi- (F) demonstrates success in placing grad-
SIONS.—The term ‘‘life cycle greenhouse gas family building’’. uates of pre-apprenticeship or apprenticeship
emissions’’ means the aggregate quantity of Page 114, line 22, before the semicolon in- programs in jobs relevant to such programs.
greenhouse gas emissions (including direct sert ‘‘or the applicable multifamily building (4) ENERGY TRANSITION WORKER.—The term
emissions and significant indirect emissions owner has signed and submitted an agree- ‘‘Energy Transition Worker’’ means a work-
such as significant emissions from land use ment with the contractor to provide whole- er, including workers employed by contrac-
changes), as determined by the Academy (or building aggregate information about the tors or subcontractors, terminated, laid off
other appropriate entity) over the full life building’s energy use’’. from employment, or whose work hours have
cycle of the respective greenhouse gases, Page 115, line 1, after ‘‘home’’ insert ‘‘of a been reduced, on or after the date of enact-
across all stages of a given fuel’s supply homeowner or for the household living in a ment of this Act, from a coal-related facil-
chain, where the mass values for all green- multifamily building’’. ity, coal-related industrial facility or other
house gases are adjusted to account for their Page 115, line 10, after ‘‘homeowner’’ insert energy related entity.
relative global warming potential and resi- ‘‘or multifamily building owner’’. (5) NATIONAL LABORATORY.—The term ‘‘Na-
dence time. Page 115, line 24: after ‘‘homeowners’’ in- tional Laboratory’’ means any of the fol-
(4) OTHER APPROPRIATE ENTITY.—The term sert ‘‘and multifamily building owners’’. lowing laboratories owned by the Depart-
‘‘other appropriate entity’’ means the other Page 116, line 9, after ‘‘homeowner’’ insert ment of Energy:
appropriate entity with which the agreement ‘‘or multifamily building owner’’. (A) Ames Laboratory.
under subsection (a) is entered into if the Page 125, line 24, before ‘‘is moderate’’ in-
(B) Argonne National Laboratory.
Academy declines to enter into the agree- sert ‘‘or that, in the case of a multifamily
(C) Brookhaven National Laboratory.
ment. building, the majority of households in the
(D) Fermi National Accelerator Labora-
building’’.
AMENDMENT NO. 86 OFFERED BY MS. WATERS OF tory.
Page 126, line 2, strike ‘‘of homeowners’’.
CALIFORNIA (E) Idaho National Laboratory.
Page 126, lines 18 and 19, strike ‘‘of home-
Page 557, line 24, strike ‘‘and’’. (F) Lawrence Berkeley National Labora-
owners’’.
Page 558, line 6, strike ‘‘census tracts.’’ and tory.
Page 127, line 1, after ‘‘homeowner’’ insert
insert ‘‘census tracts; and’’. (G) Lawrence Livermore National Labora-
‘‘or the household living in a multifamily
Page 558, after line 6, insert the following: tory.
building’’.
(vi) identify the potential for, and obsta- (H) Los Alamos National Laboratory.
Page 127, line 5, after ‘‘homeowner’’ insert
cles to, recruiting and entering into con- (I) National Energy Technology Labora-
‘‘or the household living in a multifamily
tracts with locally-owned small and dis- tory.
building’’.
advantaged businesses, including women- (J) National Renewable Energy Labora-
Page 128, line 4, before ‘‘that are certified’’
and minority-owned businesses, to deploy tory.
insert ‘‘or multifamily building owners’’.
electric vehicle charging infrastructure in Page 128, line 12, before the first comma in- (K) Oak Ridge National Laboratory.
underserved or disadvantaged communities sert ‘‘and owners’’. (L) Pacific Northwest National Labora-
in major urban areas and rural areas. Page 130, line 6, strike ‘‘$1,200,000,000’’ and tory.
AMENDMENT NO. 87 OFFERED BY MS. WATERS OF insert ‘‘$1,600,000,000’’. (M) Princeton Plasma Physics Laboratory.
CALIFORNIA (N) Sandia National Laboratories.
AMENDMENT NO. 90 OFFERED BY MS. WILD OF
Page 41, line 7, strike ‘‘and’’. (O) Savannah River National Laboratory.
PENNSYLVANIA
Page 41, line 13, strike the period and in- (P) Stanford Linear Accelerator Center.
sert ‘‘; and’’. Page 830, after line 5, insert the following: (Q) Thomas Jefferson National Accelerator
Page 41, after line 13, insert the following: PART 3—CLEAN ENERGY ECONOMY Facility.
(7) to identify diverse candidates and firms WORKFORCE (6) PROGRAM.—The term ‘‘program’’ means
when procuring for the design and construc- SEC. 12121. CLEAN ENERGY ECONOMY WORK- the program established under subsection
tion of training and assessment centers. FORCE PROGRAM. (b).
AMENDMENT NO. 88 OFFERED BY MS. WATERS OF (a) DEFINITIONS.—In this section: (b) ESTABLISHMENT.—The Secretary of En-
CALIFORNIA (1) COAL-RELATED FACILITY.—The term ergy, in consultation with the Secretary of
Page 664, line 21, strike ‘‘; and’’ and insert ‘‘coal-related facility’’ includes a coal mine Labor, shall establish a program to provide
a semicolon. or coal-fueled electric generating facility. competitively awarded cost shared grants to
Page 664, line 23, strike the period at the (2) COAL-RELATED GENERATING FACILITY.— eligible entities to pay for pre-apprentice-
end and insert ‘‘; and’’. The term ‘‘coal-related industrial facility’’ ship training for individuals or on-the-job
Page 664, after line 23, insert the following: includes a facility in the manufacturing and training of a new or existing employee—
(E) whether the project will be of benefit or transportation supply chains of a coal-re- (1) to work in zero emission electricity
use to diverse and underserved communities. lated facility. generation, energy efficiency, or grid mod-
AMENDMENT NO. 89 OFFERED BY MS. WATERS OF (3) ELIGIBLE ENTITY.—The term ‘‘eligible ernization;
CALIFORNIA entity’’ means a National Laboratory, busi- (2) to work otherwise on the reduction of
Page 101, line 10, after ‘‘means’’ insert ‘‘a ness, or labor organization that dem- greenhouse gas emissions; or
manufactured home (as such term is defined onstrates success in placing graduates of pre- (3) to participate in a pre-apprenticeship
in section 603 of the National Manufactured apprenticeship or apprenticeship programs program that provides a direct pathway to
Housing Construction and Safety Standards in jobs relevant to such programs and— an energy-related career in construction
Act of 1974 (42 U.S.C. 5402)), or’’. (A) is directly involved with zero-emission through one or more apprenticeship pro-
Page 103, after line 20, insert the following: electricity technology, energy efficiency, or grams.
(16) MULTIFAMILY BUILDING.—The term other activity that results in a reduction in (c) GRANTS.—
‘‘multifamily building’’ means a structure greenhouse gas emissions, as determined by (1) IN GENERAL.—An eligible entity desiring
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with 5 or more tenant-occupied residential the Secretary; a grant under the program shall submit to
dwelling units that— (B) works on behalf of a business or labor the Secretary of Energy an application at
(A) is located in the United States; organization that is directly involved with such time, in such manner, and containing
(B) was constructed before the date of en- zero emission electricity technology, energy such information a the Secretary of Energy
actment of this Act; and efficiency, or other activity that results in a may require.
(C) is occupied at least 6 months out of the reduction in greenhouse gas emissions, as de- (2) PRIORITY FOR TARGETED COMMUNITIES.—
year. termined by the Secretary; In providing grants under the program, the
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September 24, 2020 CONGRESSIONAL RECORD — HOUSE H4931
Secretary of Energy shall give priority to an Page 9, after the matter relating to section (c) EVALUATION.—The Secretary shall—
eligible entity that— 12113, insert the following: (1) not later than 2 years after the publica-
(A) recruits employees— PART 3—CLEAN ENERGY ECONOMY WORKFORCE tion of the report under subsection (a), and
(i) from the 1 or more communities that every 2 years thereafter, evaluate the find-
are served by the eligible entity; and Sec. 12121. Clean Energy Economy Work-
ings and recommendations of the report,
(ii) that are minorities, women, veterans, force Program.
taking into consideration any issues and rec-
individuals from Indian Tribes or Tribal or- AMENDMENT NO. 93 OFFERED BY MR. ommendations identified by the task force
ganizations, or energy transition workers; BLUMENAUER OF OREGON established under subsection (d); and
(B) provides trainees with the opportunity Page 403, after line 21, insert the following: (2) after each evaluation under paragraph
to obtain real-world experience; or (3) REPORT.—The Secretary shall submit (1), revise the report as necessary and submit
(C) has fewer than 100 employees; and annually a public report to the Congres- to the Committee on Energy and Natural Re-
(D) in the case of a pre-apprenticeship pro- sional Committees of Jurisdiction docu- sources of the Senate and the Committee on
gram, demonstrates— menting funds spent under the program, in- Energy and Commerce of the House of Rep-
(i) a multi-year record of successfully re- cluding those that could benefit the entirety resentatives an updated report.
cruiting energy transition workers, minori- of the existing reactor fleet, such as with re- (d) TASK FORCE.—
ties, women, and veterans for training and spect to aging management and related sus- (1) ESTABLISHMENT AND DUTIES.—Not later
supporting such individuals to a successful tainability concerns, and identifying funds than 60 days after the date of enactment of
completion of a pre-apprenticeship program; awarded to private entities. this Act, the Secretary shall establish a task
and Page 407, line 11, insert ‘‘In carrying out force to—
(ii) a successful multi-year record of plac- this paragraph, the Secretary shall convene (A) identify barriers to advancement of
ing the majority of pre-apprenticeship pro- an advisory committee of such individuals carbon dioxide removal methods and the de-
gram graduates into apprenticeship pro- and such committee shall submit annually a ployment of carbon dioxide removal projects;
grams in the construction industry. report to the relevant committees of Con- (B) inventory existing or potential Federal
(3) USE OF GRANT FOR FEDERAL SHARE.— gress with respect to the progress of the pro- legislation, rules, revisions to rules, financ-
(A) IN GENERAL.—An eligible entity shall gram.’’ ing mechanisms, or other policy tools that
use a grant received under the program to— AMENDMENT NO. 95 OFFERED BY MR. are capable of advancing carbon dioxide re-
(i) pay the Federal share of the cost of pro- KRISHNAMOORTHI OF ILLINOIS moval methods and the deployment of car-
viding pre-apprenticeship training or on-the- Page 192, beginning on line 4, strike ‘‘eligi- bon dioxide removal projects;
job training for an individual, in accordance ble entity is located’’ and insert ‘‘eligible en- (C) assist in drafting the report described
with subparagraph(B); or tity is located, which campaign shall include in subsection (a) and any updates thereto;
(ii) in the case of a pre-apprenticeship pro- providing projected environmental benefits and
gram— (D) advise the Secretary on matters per-
achieved under the project, where to find
(I) recruiting minorities, women, and vet-
more information about the program estab- taining to carbon dioxide removal.
erans for training;
lished under this section, and any other in- (2) MEMBERS AND SELECTION.—The Sec-
(II) supporting those individuals in the suc-
formation the Secretary determines nec- retary shall—
cessful completion of the pre-apprenticeship
essary’’. (A) develop criteria for the selection of
program; and
AMENDMENT NO. 96 OFFERED BY MS. CLARK OF members to the task force; and
(III) carrying out any other activity of the
MASSACHUSETTS (B) select members for the task force in ac-
pre-apprenticeship program, as determined
At the end of subtitle A of title III, add the cordance with the criteria developed under
to be appropriate by the Secretary of Labor,
following: subparagraph (A).
in consultation with the Secretary.
(3) MEETINGS.—The task force shall meet
(B) FEDERAL SHARE AMOUNT.—The Federal SECTION 3115. CARBON DIOXIDE REMOVAL TASK
share described in subparagraph (A)(i) shall FORCE AND REPORT. not less than once each year.
not exceed— (a) REPORT.—Not later than 180 days after (4) EVALUATION.—Not later than 7 years
(i) in the case of an eligible entity with 20 the date of enactment of this Act, the Sec- after the date of enactment of this Act, the
or fewer employees, 45 percent of the cost of retary of Energy (referred to in this section Secretary shall—
on-the-job-training for an employee; as the ‘‘Secretary’’), in consultation with the (A) reevaluate the need for the task force;
(ii) in the case of an eligible entity with head of any other relevant Federal agency, and
not fewer than 21 employees and not more shall prepare a report that— (B) submit to Congress a recommendation
than 99 employees, 37.5 percent of the cost of (1) estimates the magnitude of excess car- as to whether the task force should continue.
on-the-job-training for an employee; bon dioxide in the atmosphere that will need (e) CARBON DIOXIDE REMOVAL DEFINITION.—
(iii) in the case of an eligible entity with to be removed by 2050 to achieve net-zero In this section, the term ‘‘carbon dioxide re-
not fewer than 100 employees, 20 percent of emissions and stabilize the climate; moval’’ means the capture of carbon dioxide
the cost of on-the-job-training for an em- (2) inventories current and emerging ap- directly from ambient air or, in dissolved
ployee; and proaches of carbon dioxide removal and eval- form, from seawater, combined with the se-
(iv) in the case of an eligible entity that uates the advantages and disadvantages of questration of such carbon dioxide, including
administers a pre-apprenticeship program, 75 each such approach; and through direct air capture and sequestration,
percent of the cost of the pre-apprenticeship (3) identifies recommendations for legisla- enhanced carbon mineralization, bioenergy
program. tion, funding, rules, revisions to rules, fi- with carbon capture and sequestration, for-
(4) EMPLOYER PAYMENT OF NON-FEDERAL nancing mechanisms, or other policy tools est restoration, soil carbon management,
SHARE.— that the Federal Government can use to suf- and direct ocean capture.
(A) IN GENERAL.—The non-Federal share of ficiently advance the deployment of carbon AMENDMENT NO. 97 OFFERED BY MS. BLUNT
the cost of providing on-the-job training for dioxide removal projects in order to meet, in ROCHESTER OF DELAWARE
an employee under a grant received under the aggregate, the magnitude of needed re- Add at the end of title VI the following:
the program shall be paid in cash or in kind movals estimated under paragraph (1), in-
cluding policy tools such as— Subtitle G—Climate Action Planning for
by the employer of the employee receiving
(A) grants; Ports
the training or by a nonprofit organization.
(B) INCLUSIONS.—The non-Federal share de- (B) loans or loan guarantees; SEC. 6701. GRANTS TO REDUCE GREENHOUSE
scribed in subparagraph (A) may include the (C) public-private partnerships; GAS EMISSIONS AT PORTS.
amount of wages paid by the employer to the (D) direct procurement; (a) GRANTS.—The Administrator of the En-
employee during the time that the employee (E) incentives, including subsidized Fed- vironmental Protection Agency may award
is receiving on-the-job training, as fairly eral financing mechanisms available to grants to eligible entities—
evaluated by the Secretary of Labor. project developers; (1) to implement plans to reduce green-
(5) CONSTRUCTION.—In providing grants (F) advance market commitments; house gas emissions at one or more ports or
under the program for training, recruitment, (G) regulations; and port facilities within the jurisdictions of the
and support relating to construction, eligible (H) and any other policy mechanism deter- respective eligible entities; and
entities shall only include pre-apprentice- mined by the Secretary to be beneficial for (2) to develop climate action plans de-
ship programs that have an articulation advancing carbon dioxide removal methods scribed in subsection (b)(2).
agreement with one or more apprenticeship and the deployment of carbon dioxide re- (b) APPLICATION.—
programs. moval projects. (1) IN GENERAL.—To seek a grant under this
(6) GRANT AMOUNT.—An eligible entity may (b) SUBMISSION; PUBLICATION.—The Sec- section, an eligible entity shall submit an
dlhill on DSK120RN23PROD with HOUSE
not receive more than $1,000,000 per fiscal retary shall submit the report prepared application to the Administrator of the En-
year in grant funds under the program. under subsection (a) to the Committee on vironmental Protection Agency at such
(d) AUTHORIZATION OF APPROPRIATIONS.— Energy and Natural Resources of the Senate time, in such manner, and containing such
There are authorized to be appropriated and the Committee on Energy and Commerce information and assurances as the Adminis-
$25,000,000 to the Secretary of Energy to of the House of Representatives, and as soon trator may require.
carry out the program for each of the fiscal as practicable, make the report publicly (2) CLIMATE ACTION PLAN.—At a minimum,
years 2021 through 2030. available. each such application shall contain—
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H4932 CONGRESSIONAL RECORD — HOUSE September 24, 2020
(A) a detailed and strategic plan, to be (6) COORDINATION WITH STAKEHOLDERS.—In signed for service at and around harbors and
known as a climate action plan, that out- developing a climate action plan under para- ports.
lines how the eligible entity will develop and graph (2), an eligible entity shall— (6) The term ‘‘inland port’’ means a logis-
implement climate change mitigation or ad- (A) identify and collaborate with stake- tics or distribution hub that is located in-
aptation measures through the grant; or holders who may be affected by the plan, in- land from navigable waters, where cargo,
(B) a request pursuant to subsection (a)(2) cluding local environmental justice commu- such as break-bulk cargo or cargo in ship-
for funding for the development of a climate nities and other near-port communities; ping containers, is processed, stored, and
action plan. (B) address the potential cumulative ef- transferred between trucks, rail cars, or air-
(3) REQUIRED COMPONENTS.—A climate ac- fects of the plan on stakeholders when those craft.
tion plan under paragraph (2) shall dem- effects may have a community-level impact; (7) The term ‘‘port’’ includes an inland
onstrate that the measures proposed to be and port.
implemented through the grant— (C) ensure effective advance communica- (8) The term ‘‘stakeholder’’ means resi-
(A) will reduce greenhouse gas emissions at tion with stakeholders to avoid and mini- dents, community groups, businesses, busi-
the port or port facilities involved pursuant mize conflicts. ness owners, labor unions, commission mem-
to greenhouse gas emission reduction goals (c) PRIORITY.—In awarding grants under bers, or groups from which a near-port com-
set forth in the climate action plan; this section, the Administrator of the Envi- munity draws its resources that—
(B) will reduce other air pollutants at the ronmental Protection Agency shall give pri- (A) have interest in the climate action
port or port facilities involved pursuant to ority to applicants proposing— plan of a grantee under this section; or
criteria pollutant emission reduction goals (1) to strive for zero emissions as a key (B) can affect or be affected by the objec-
set forth in the climate action plan; strategy within the grantee’s climate action tives and policies of such a climate action
(C) will implement emissions accounting plan under paragraph (2); plan.
and inventory practices to determine base- (2) to take a regional approach to reducing (f) AUTHORIZATION OF APPROPRIATIONS.—
line emissions and measure progress; and greenhouse gas emissions at ports; (1) IN GENERAL.—To carry out this subtitle,
(D) will ensure labor protections for work- (3) to collaborate with near-port commu- there is authorized to be appropriated
ers employed directly at the port or port fa- nities to identify and implement mutual so- $250,000,000 for each of fiscal years 2021
cilities involved, including by— lutions to reduce air pollutants at ports or through 2025.
(i) demonstrating that implementation of port facilities affecting such communities, (2) DEVELOPMENT OF CLIMATE ACTION
the measures proposed to be implemented with emphasis given to implementation of PLANS.—In addition to the authorization of
through the grant will not result in a net such solutions in near-port communities appropriations in paragraph (1), there is au-
loss of jobs at the port or port facilities in- that are environmental justice communities; thorized to be appropriated for grants pursu-
volved; (4) to implement activities with off-site ant to subsection (a)(2) to develop climate
(ii) ensuring that laborers and mechanics benefits, such as by reducing air pollutants action plans $50,000,000 for fiscal year 2021, to
employed by contractors and subcontractors from vehicles, equipment, and vessels at remain available until expended.
on construction projects to implement the sites other than the port or port facilities in- The SPEAKER pro tempore. Pursu-
plan will be paid wages not less than those volved; and ant to House Resolution 1129, the gen-
prevailing on similar construction in the lo- (5) to reduce localized health risk pursuant tlewoman from Colorado (Ms.
cality, as determined by the Secretary of to health risk reduction goals that are set DEGETTE) and the gentleman from Or-
Labor under sections 3141 through 3144, 3146, within the grantee’s climate action plan egon (Mr. WALDEN) each will control 10
and 3147 of title 40, United States Code; and under paragraph (2).
minutes.
(iii) requiring any projects initiated to (d) MODEL METHODOLOGIES.—The Adminis-
trator of the Environmental Protection
The Chair recognizes the gentle-
carry out the plan with total capital costs of
$1,000,000 or greater to utilize a project labor Agency shall— woman from Colorado.
agreement and not impact any preexisting (1) develop model methodologies which Ms. DEGETTE. Mr. Speaker, I yield
project labor agreement. grantees under this section may choose to myself such time as I may consume.
(4) OTHER COMPONENTS.—In addition to the use for emissions accounting and inventory Mr. Speaker, this en bloc amendment
components required by paragraph (3), a cli- practices referred to in subsection (b)(3)(C); contains a number of important
mate action plan under paragraph (2) shall and amendments from within the jurisdic-
demonstrate that the measures proposed to (2) ensure that such methodologies are de- tion of the Energy and Commerce Com-
be implemented through the grant will do at signed to measure progress in reducing air mittee that will improve the under-
least 2 of the following: pollution at near-port communities.
lying bill. I know some of the sponsors
(A) Improve energy efficiency at a port or (e) DEFINITIONS.—In this section:
port facility, including by using— (1) The term ‘‘Administrator’’ means the
will be here to talk about their amend-
(i) energy-efficient vehicles, such as hy- Administrator of the Environmental Protec- ments in particular. I rise today in sup-
brid, low-emission, or zero-emission vehicles; tion Agency. port of my amendments to H.R. 4447.
(ii) energy efficient cargo-handling, harbor (2) The term ‘‘cargo-handling equipment’’ Mr. Speaker, as Members of Con-
vessels, or storage facilities such as energy- includes— gress, we have a responsibility to en-
efficient refrigeration equipment; (A) ship-to-shore container cranes and sure that every man, woman, and child
(iii) energy-efficient lighting; other cranes; in this country has access to clean air
(iv) shore power; or (B) container-handling equipment; and to breathe and safe water to drink. We
(v) other energy efficiency improvements. (C) equipment for moving or handling
also have a responsibility to help lead
(B) Deploy technology or processes that re- cargo, including trucks, reachstackers,
duce idling of vehicles at a port or port facil- toploaders, and forklifts. this Nation in doing its part to stave
ity. (3) The term ‘‘eligible entity’’ means— off the worst impacts of the climate
(C) Reduce the direct emissions of green- (A) a port authority; crisis.
house gases and other air pollutants with a (B) a State, regional, local, or Tribal agen- For far too long now, we as a body
goal of achieving zero emissions, including cy that has jurisdiction over a port author- have failed at those responsibilities,
by replacing and retrofitting equipment (in- ity or a port; and, as a result, millions of Americans
cluding vehicles onsite, cargo-handling (C) an air pollution control district; or are living in areas that are suffering
equipment, or harbor vessels) at a port or (D) a private entity (including any non- from large amounts of pollution, and
port facility. profit organization) that—
(5) PROHIBITED USE.—An eligible entity (i) applies for a grant under this section in
the threat that we face from climate
may not use a grant provided under this sec- collaboration with an entity described in change is growing day by day.
tion— subparagraph (A), (B), or (C) ; and Right in my district, I have commu-
(A) to purchase fully automated cargo han- (ii) owns, operates, or uses a port facility, nities like Swansea, Elyria, and
dling equipment; cargo equipment, transportation equipment, Globeville, where residents have been
(B) to build, or plan to build, terminal in- related technology, or a warehouse facility suffering for years from large amounts
frastructure that is designed for fully auto- at a port or port facility. of pollution that are produced by near-
mated cargo handling equipment; (4) The term ‘‘environmental justice com- by plants. These communities, at-risk
(C) to purchase, test, or develop highly munity’’ means a community with signifi-
communities, environmental justice
automated trucks, chassis, or any related cant representation of communities of color,
communities, are bearing the brunt of
dlhill on DSK120RN23PROD with HOUSE
equipment that can be used to transport con- low-income communities, or Tribal and in-
tainerized freight; or digenous communities, that experiences, or our failures.
(D) to extend to any independent con- is at risk of experiencing, higher or more ad- b 1145
tractor, independent owner, operator, or verse human health or environmental ef-
other entity that is not using employees for fects. And so the amendments that I am in-
the sake of performing work on terminal (5) The term ‘‘harbor vessel’’ includes a troducing today seek to address this
grounds. ship, boat, lighter, or maritime vessel de- injustice.
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September 24, 2020 CONGRESSIONAL RECORD — HOUSE H4933
The first amendment would require eral Energy Regulatory Commission. It but the substance of this en bloc
the EPA to identify 100 communities steps all over this public process that amendment is large—many amend-
across this country most affected by is enshrined in law. ments designed in totality to deal with
nearby sources of pollution and work It is a blatant attempt to legislate climate change to help our environ-
to clean them up. the removal of these dams, and wher- ment and to help make sure that we
The second amendment that I have ever you are on that issue—for or support disadvantaged communities in
included in the bill would limit the against removing the dams—we think this country and communities affected
amount of methane gas that oil drillers this sets a dangerous precedent by roll- by environmental justice issues.
are allowed to release into our atmos- ing back the longstanding protections So I would just urge a ‘‘yes’’ vote on
phere from public lands. When we, as a and due process afforded through the this en bloc amendment, and I yield
nation, fail to enact measures like well-established Federal licensing proc- back the balance of my time.
these, it is often the poorest among us ess. So both sides should be concerned Mr. WALDEN. Mr. Speaker, I yield
who suffer the most. about that amendment in this bill. myself such time as I may consume.
Therefore, I urge my colleagues to do Republicans offered amendments to In closing, and I, again, I think I out-
lined pretty clearly some of our con-
the right thing, to help address these lower the cost of energy. We offered
cerns with this measure. I think there
crises by supporting my amendments amendments to develop innovative new
is a lot we could find common ground
and all of the rest of the amendments technologies, and we offered amend-
on in the energy picture, certainly for
included in this en bloc amendment. ments to reduce permitting delays.
working Americans and especially
Mr. Speaker, I reserve the balance of Unfortunately, Democrats refuse to
those dealing with the pandemic. But
my time. let those amendments be debated on
raising costs and increasing delays is
Mr. WALDEN. Mr. Speaker, I yield this House floor or voted on this House not part of what we can support.
myself such time as I may consume. floor. I urge opposition, and I yield back
I rise in opposition to the amend- The Democratic amendments we are the balance of my time.
ment. all debating today will not result in Mr. THOMPSON of California. Mr. Speaker,
Many of these amendments reflect, meaningful reforms to the permitting I rise today in strong support of my amend-
frankly, the costly Green New Deal and licensing process so we can rebuild ment to H.R. 4447, the Clean Economy Jobs
policies of the Progressive left. We our economy and recover from the and Innovation Act.
think they mandate dramatic and, COVID pandemic. This commonsense amendment clarifies
frankly, unrealistic changes to our en- So I have to urge my colleagues to that energy saved through the use of geo-
ergy and transportation systems with join me in opposing these amendments thermal pumps qualifies as renewable energy
little to no consideration for afford- and the underlying bill. produced for the purposes of this bill.
ability, or especially the reliability of I reserve the balance of my time. Battling climate change and reducing green-
energy for Americans, or our growing Ms. DEGETTE. Mr. Speaker, I am house gas emissions will require an innova-
dependence on China for critical min- now pleased to yield 2 minutes to the tive, multi-pronged approach.
erals. gentlewoman from Pennsylvania (Ms. And geothermal pump technology must be a
That China supply chain is some- WILD). tool available for us to use.
thing I think we could find common Ms. WILD. Mr. Speaker, I support Geothermal pumps work to reduce energy
ground on at some point, and we must, H.R. 4447 which, in broad strokes, consumption by transferring and concentrating
as a country. would reform U.S. energy policy by heat energy absorbed from the earth.
The bill ignores hardworking blue- making investments in energies that These installations can reduce energy use
collar workers and rewards so-called will reduce our carbon footprint. in buildings by over 40 percent.
green-collar workers instead. My amendment is offered, not as a My amendment clarifies that these energy
Provisions that we thought we had critique of the underlying bill, but to savings count as renewable energy produced,
reached common ground on in the En- fulfill a promise made to constituents recognizing that geothermal pumps remain a
ergy and Commerce Committee were in my community that we can simulta- critical part of our effort to reduce emissions
and defeat climate change.
stripped out. neously invest in cleaner energy and in
I urge my colleagues to support this amend-
These amendments will provide bil- our workforce. ment.
lions of dollars of additional grants and My amendment creates opportunities The SPEAKER pro tempore. Pursu-
assistance to cities in urban areas, but for workers at risk of being displaced ant to House Resolution 1129, the pre-
at the expense of rural America. We are so that they can begin or continue a vious question is ordered on the
one country, and we should be united career in construction. amendments en bloc offered by the
in assisting our people, regardless of For those in coal or other related in- gentlewoman from Colorado (Ms.
where they live. dustries, this amendment offers cost- DEGETTE).
The amendments expand rebate pro- shared grants to pay for pre-appren- The question is on the amendments
grams and create a patchwork of new ticeship training in cleaner energy ca- en bloc.
energy-efficiency standards, raising reer paths. My amendment prioritizes The en bloc amendments were agreed
costs for consumers. grants to entities that have a success- to.
If there is one thing I hear most, it is ful history of placing pre-apprentice A motion to reconsider laid on the
people are concerned about how costs graduates into full apprenticeship pro- table.
are going up, especially during this pe- grams or into gainful employment, and AMENDMENTS EN BLOC NO. 3 OFFERED BY MR.
riod. it supports local businesses by creating PALLONE OF NEW JERSEY
They provide even more green give- a sliding scale of Federal cost sharing, Mr. PALLONE. Madam Speaker, I
aways, things like appliances and vehi- devoting a greater percentage of re- have amendments en bloc at the desk.
cles, at a time when most Americans sources to small, local businesses rath- The SPEAKER pro tempore (Ms.
are struggling with the economic fall- er than to larger businesses that al- DELBENE). The Clerk will designate the
out from this pandemic. ready have the financial wherewithal amendments en bloc.
Clearly, Democrats want to spend the to transition workers. Amendments en bloc No. 3 consisting
taxpayers’ dollars on their Green New I urge a ‘‘yes’’ vote. of amendment Nos. 12, 13, 28, 30, 51 and
Deal wish list, following the lead of Mr. WALDEN. Mr. Speaker, I have 91, printed in part B of House Report
California, who has had its own set of one more speaker who wanted to speak, 116–528, offered by Mr. PALLONE of New
problems with reliability on its energy but he is not here. Jersey:
AMENDMENT NO. 12 OFFERED BY MR. BURGESS
grid. I apparently have the right to close,
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OF TEXAS
None of these issues raised by these so if the gentlewoman would like to go
At the end of subtitle F of title XII, insert
amendments have gotten a hearing or ahead while we wait for our other the following:
debate in committee. One of them, Member, I reserve the balance of my SEC. 12607. REPORT TO CONGRESS.
dealing with the Klamath River Dams time. The Secretary of Energy shall report to
around my district, would short circuit Ms. DEGETTE. Mr. Speaker, I would Congress on the effect of variable and dis-
the public licensing process at the Fed- just say that the debate has been brief, tributed energy resources on the reliability
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H4934 CONGRESSIONAL RECORD — HOUSE September 24, 2020
of the electric grid, specifically pertaining to on ways to improve options and reduce pollution. Importantly, it invests in
natural disasters and physical or cyber at- the cost of energy for American con- carbon capture, utilization, and stor-
tacks on the grid infrastructure. sumers. Our amendments put con- age to help reduce emissions from ex-
AMENDMENT NO. 13 OFFERED BY MR. BURGESS sumers first. isting facilities that are particularly
OF TEXAS
These amendments also address im- challenging to decarbonize, especially
Add after section 12606 the following: portant issues such as grid reliability— in the industrial sector.
SEC. 12607. REPORT ON DUPLICATION OF EF- that means when you flip the light So rather than picking winners and
FORTS AMONG APPLIED ENERGY
PROGRAMS.
switch, the lights come on consist- losers, the Clean Economy Jobs and In-
Not later than 6 months after the date of ently; streamlining research at the De- novation Act includes a broad array of
the enactment of this Act, the Secretary of partment of Energy to promote innova- tools to modernize our energy system.
Energy shall report to Congress that in- tion and technological development Taken together, these tools will help
cludes the following: and nuclear research for advanced nu- make our energy system cleaner, more
(1) A description of potential duplication of clear power. efficient, more resilient, and more reli-
research efforts among the applied energy There are also much-needed efforts to able.
programs of the Department of Energy. reduce our reliance on critical min- That is why many pieces of this leg-
(2) An evaluation of the opportunity costs islation have enjoyed such strong bi-
erals, especially from China. Repub-
associated with such duplication.
(3) Recommendations on how to streamline licans have been sounding the alarm partisan support, because they are
the research grant process. about our growing reliance on critical commonsense investments that will
(4) A description of the effects of com- minerals and their use in all sorts of create jobs, protect consumers, and re-
bining projects that are duplicative with one energy technologies. This is how we duce pollution.
another. make batteries, windmills, and solar But these proposed amendments are
Page 9, after the matter relating to Sec- panels and we have become too depend- not good faith efforts to build on this
tion 12606, insert the following: ent on foreign countries for those crit- bipartisan foundation. They are an at-
Sec. 12607. Report on duplication of efforts
ical minerals. tempt to water down this legislation
among applied energy pro-
grams. We are also very concerned that the and slow the transition to a clean econ-
AMENDMENT NO. 28 OFFERED BY MR. GRAVES OF underlying bill, which is based on the omy.
LOUISIANA Green New Deal, will trade away our When we look across the globe, we
Page 236, line 4, strike ‘‘and’’. energy independence and make us more see that this transition is already un-
Page 236, after line 4, insert the following: reliant on countries like China and derway, but that the United States is
(ii) the ability to domestically source nec- their abysmal record on human rights, falling behind. The real question is
essary critical mineral necessary for solar environment, and trade. whether we want to regain our com-
production; and petitive edge and global leadership in
Page 236, line 5, strike ‘‘(ii)’’ and insert
So, Madam Speaker, I urge my col-
‘‘(iii)’’. leagues to join me in supporting these technology and innovation or whether
commonsense amendments to H.R. we cede to the competition.
AMENDMENT NO. 30 OFFERED BY MR. GRAVES OF
LOUISIANA 4447, and I reserve the balance of my I urge my colleagues not to be dis-
Page 466, line 23, after ‘‘program’’ insert time. tracted by talking points about picking
winners and losers and focus on who
‘‘including increases or decreases in net im- b 1200
ports of critical minerals as a result of ac- actually wins when we invest in inno-
tivities carried out under this section’’. Mr. PALLONE. Madam Speaker, I vation. Consumers win, workers win,
AMENDMENT NO. 51 OFFERED BY MR. LUCAS OF
yield myself such time as I may con- and our environment wins.
OKLAHOMA sume. I will be speaking in opposition For these reasons, Madam Speaker, I
At the end of subtitle F of title XII, add to this bloc of amendments. oppose the en bloc amendments, and I
the following: My colleagues on the other side of reserve the balance of my time.
SEC. 126ll. SENSE OF CONGRESS. the aisle have argued that this legisla- Mr. WALDEN. Madam Speaker, I
It is the sense of Congress that in order to tion picks winners and losers, and that yield 3 minutes to the gentleman from
reduce global emissions and meet 100 percent amendments such as these might help Oklahoma (Mr. LUCAS), who is the top
of the power demand in the United States level the playing field. But I don’t Republican on the Science, Space, and
through clean, renewable, or zero emission think that is the case. Technology Committee and the former
energy sources while maintaining U.S. com- The Clean Economy Jobs and Innova-
petitiveness in science and technology, the
chairman of the Agriculture Com-
United States must prioritize investment in
tion Act authorizes investments in a mittee.
domestic energy sources and supply chains, broad range of programs to unleash Mr. LUCAS. Madam Speaker, my
as well as investment in the research and de- American energy innovation and re- amendment contained within this en
velopment of exportable next-generation en- form outdated policies that govern how bloc emphasizes a critical priority for
ergy technologies. we produce, distribute, and consume House Republicans. It expresses the
AMENDMENT NO. 91 OFFERED BY MR. WILSON OF energy. Rather than picking winners sense of Congress that the United
SOUTH CAROLINA and losers, this bill takes a portfolio States must prioritize investment in
Page 425, line 20, strike ‘‘and’’. approach to supporting the transition domestic energy sources and supply
Page 426, line 14, strike the period and in- to a clean energy economy—a transi- chains, as well as in research and de-
sert ‘‘; and’’. tion that is already underway, but not velopment of exportable next-genera-
Page 426, after line 14, insert the following:
‘‘(11) evaluate potential demonstration
at the pace needed to avoid the worst tion energy technologies.
sites across the Department of Energy and most costly consequences of cli- This is absolutely necessary if we are
complex.’’. mate change. going to maintain U.S. competitiveness
The SPEAKER pro tempore. Pursu- For years, rapidly declining costs for in science and technology while reduc-
ant to House Resolution 1129, the gen- solar, wind, storage, and other tech- ing emissions. These priorities should
tleman from New Jersey (Mr. PALLONE) nologies have made them cost-competi- play a key role in any realistic and re-
and the gentleman from Oregon (Mr. tive with and, in many cases, more sponsible global clean energy strategy.
WALDEN) each will control 10 minutes. cost-effective than conventional tech- With the current public health crisis,
The Chair recognizes the gentleman nologies. the need for sustainable domestic en-
from New Jersey. The Clean Economy Jobs and Innova- ergy chains has never been more im-
Mr. PALLONE. Madam Speaker, I in- tion Act doubles down on these market portant. Whether it is medical supplies
tend to speak in opposition to the trends, providing the tools, invest- or energy sources, we need to be able to
amendment, so I reserve the balance of ments, and policy reforms needed for depend on our own resources if foreign
dlhill on DSK120RN23PROD with HOUSE
my time. the United States to lead the world in supply is voluntarily or involuntarily
Mr. WALDEN. Madam Speaker, I transitioning to a cleaner future. cut off. That requires us to invest in
yield myself such time as I may con- At the same time, the legislation in- basic research, which drives break-
sume. vests in research, development, and de- through technologies.
Madam Speaker, I rise in support of ployment of technologies to reduce For example, due in part to Federal
these amendments which are focused emissions from traditional sources of investment in R&D that has led to new
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September 24, 2020 CONGRESSIONAL RECORD — HOUSE H4935
horizontal drilling and hydraulic frac- for schools, homes, government buildings, EN BLOC #1
turing technology, the American shale and manufacturing facilities to improve effi- 94. DeGette (CO) #122—Vote Yes.
revolution has led the U.S. to be a net ciency and deploy energy-efficient tech-
This amendment would require that the
nologies;
exporter of natural gas since 2018. This Invest over $36 billion for transportation Bureau of Land Management (BLM) update
is how basic research results in energy electrification, including grants and rebates its rules regarding methane emissions from
independence, an achievement our Na- to deploy electric vehicles and related charg- oil and gas wells leased on public lands and
tion must prioritize for long-term suc- ing infrastructure; that operators capture 85 percent of leaked
Direct DOE to establish new model build- methane—an air pollutant and climate
cess.
ing codes for states to improve energy effi- super-pollutant—within 3 years.
Basic research is also instrumental
ciency; 24. Escobar (TX) #77—Vote Yes.
in the fight against climate change.
Preserve a policy that will eliminate all This amendment would require that the
For emissions reduction technologies fossil fuel-generated energy from federal DOE give special consideration to institu-
like carbon capture, storage, and utili- buildings by the year 2030. tions of higher education that serve commu-
zation to be effective, they must be In addition to supporting the overarching nities of color, so-called minority serving in-
used globally. bill, U.S. PIRG and Environment America stitutions, in choosing entities for grants,
Over the past 20 years, Asia has ac- urge the following votes on amendments: contracts, or cooperative agreements related
counted for 90 percent of all coal-fired Yes on Amendment 32. This amendment, to solar energy research and development.
capacity built worldwide, and these sponsored by Reps. Haaland, Tlaib and
Ocasio-Cortez increases authorizations for 52. Luján (NM), Castor (FL) #110—Vote Yes.
plants have potentially long oper- renewable energy R&D accounts by 50% and This amendment would make community
ational lifetimes ahead of them. We adds an authorization for total funding for solar projects more accessible for all con-
can’t force them to change their en- research, development, demonstration and sumers and encourage states to set in place
ergy profile and amount of emissions, commercialization activities for energy effi- policies to advance community solar.
but we can make cleaner energy tech- ciency and renewable energy R&D. 72. Quigley (IL) #13—Vote Yes.
nology appealing by making it effi- Yes on En Bloc 1, Yes on En Bloc 2, No on This amendment would direct the General
cient, inexpensive, and commercially En Bloc 3, YES on En Bloc 4. Services Administration, as feasible, to em-
Sincerely,
marketable. ployee technologies and strategies to reduce
KATIE MURTHA, bird collisions at public buildings.
If fundamental clean energy research Vice President of Gov-
is conducted here in the United States ernment Affairs, EN BLOC #2
and developed into deployable tech- U.S. PIRG and Envi- 2. Barragán (CA), Beyer (VA), Lee, Barbara
nology, we can export the resulting ronment America. (CA), et al. #57—Vote Yes.
knowledge, tools, and energy itself, as -- This amendment would establish a Climate
I mentioned with natural gas. By in- LCV, Smart Ports program at the Environmental
vesting in this way, we can grow U.S. WASHINGTON, DC, SEPTEMBER 24, 2020. Protection Agency (EPA) with a $1B/year au-
Re Support H.R. 4447 and its pro-environ- thorization. The program would provide
industry, reduce our reliance on for-
ment amendments. grants for deploying zero emissions tech-
eign countries for innovation, and,
DEAR REPRESENTATIVE: The League of Con- nologies and clean energy microgrids at
most importantly, make a significant servation Voters (LCV) works to turn envi- ports and with port users.
impact on mitigating the effects of ronmental values into national priorities. 3. Barragán (CA) #59—Vote Yes.
global climate change. Each year, LCV publishes the National Envi-
If we want to innovate, and we want This amendment would increase by $40M
ronmental Scorecard, which details the vot-
per year the authorization for EPA’s Envi-
to export our technologies, we have to ing records of members of Congress on envi-
ronmental Justice Small Grants and Col-
focus on breakthrough science, not on ronmental legislation. The Scorecard is dis-
laborative Problem-Solving Cooperative
propping up mature energy tech- tributed to LCV members, concerned voters
Agreements Programs, and Community Ac-
nologies and slowing the development nationwide, and the media.
As the House debates H.R. 4447, the Clean tion for a Renewed Environment (CARE) I
of new ones. Economy Jobs and Innovation Act, LCV and II grants.
Madam Speaker, I urge my col- urges you to support the pro-environment 93. Blumenauer (OR) #152—Vote Yes.
leagues to support this position, my amendments and reject weakening or anti- This amendment would require DOE to
amendment, and this en bloc. environment amendments, as listed below, compile and report upon funding provided to
Mr. PALLONE. Madam Speaker, I and vote YES on final passage. This bill in- the Light Water [nuclear] Reactor Program,
yield myself such time as I may con- cludes many great provisions to develop and and establish an advisory committee to re-
sume. deploy renewable and distributed energy re- port on this annually.
Madam Speaker, I include in the sources; improve the efficiency of our homes, 7. Blunt Rochester (DE) #44—Vote Yes.
RECORD letters that we received in sup- schools, and businesses; electrify our trans-
portation sector; modernize the grid and en- This amendment would provide $18B to up-
port of the legislation from U.S. PIRG hance its resiliency; prioritize the needs of grade energy efficiency and install clean en-
and the League of Conservation Voters. environmental justice communities; reduce ergy systems in critical public buildings like
DEAR KATIE: On behalf of the U.S. Public climate pollution from industrial and tradi- schools and hospitals.
Interest Research Group, Environment tional sources, and from ambient air. 16. Clarke, Yvette (NY) #2—Vote Yes.
America and our tens of thousands of mem- Though we do not support increased funding This amendment would establish an EPA
bers, we urge you to support the Clean Econ- for projects that could extend the life of fos- pilot program to provide grants, rebates and
omy Jobs and Innovation Act (H.R. 4447). sil fuel-burning power plants or aging nu- low-cost revolving loans to projects that re-
U.S. PIRG and Environment America will clear power infrastructure or prop up place an existing diesel-powered refrigera-
consider scoring final passage and certain undemonstrated new nuclear projects, many tion unit in a heavy-duty vehicle with an
amendments on our annual scorecard. of the amendments would improve those electric unit or install electric shore power
The American West is on fire, East Coast areas and build upon the significant positive infrastructure to decrease idling of refrig-
and Midwest communities are facing major environmental aspects of the bill. We urge erated trucks.
flooding, and southern states are being bat- support for amendments listed below offered
tered with hurricanes. The climate crisis is 25. Finkenauer (IA) #131—Vote Yes.
singly or en bloc that will make the bill even
here and if we want to have any chance of stronger by protecting our communities and This amendment would require certain
avoiding its worst impacts, it is imperative environment while investing in clean energy labor standards, including prevailing wages,
that we take swift action. The ‘‘Clean Econ- research, development, and deployment. And for projects getting funding from provisions
omy Jobs and Innovation Act’’ marks sig- we urge you to reject anti-environment in the bill.
nificant progress in the transition to a clean amendments listed below offered singly or en 35. Hayes (CT), Cárdenas (CA) #71—Vote Yes.
energy future and in the reduction of green- bloc. This amendment would set aside $100M of
house gas emissions. the $130M/year reauthorization of EPA’s
PRO-ENVIRONMENT AMENDMENTS INCLUDE
Among the most impactful pieces, the leg-
Haaland (NM), Tlaib (MI), Ocasio-Cortez Clean School Bus Program for grants to re-
islation includes provisions that:
(NY) #169 place existing fossil fuel-powered school
dlhill on DSK120RN23PROD with HOUSE
Phase out the use of hydrofluorocarbons
buses with zero emission school buses.
(HFCs), which are extraordinarily potent cli- This amendment would increase the au-
mate pollutants, with hundreds to thousands thorization amounts for renewable energy 61. Omar (MN) #172—Vote Yes.
of times the heat-trapping power of CO2; research and development by 50 percent such This amendment would require that the
Reauthorize the Energy Efficiency Con- that the total renewable energy innovation U.S. Treasury identify and quantify the eco-
servation and Block Grant (EECBG) pro- funding in the package would exceed that of nomic cost of any fossil fuel subsidies not
gram, which provides $17.5 billion in funding fossil fuel programs authorized in the bill. eliminated by this bill or its amendments.
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H4936 CONGRESSIONAL RECORD — HOUSE September 24, 2020
74. Rouda (CA) #11—Vote Yes. tion. The Clean Economy Jobs and In- Mr. WALDEN. Madam Speaker, may
This amendment would allow states to set novation Act marks significant I ask how much time each side has re-
appliance energy efficiency standards if the progress in the transition to a clean maining.
Department of Energy (DOE) missed statu- energy future and in the reduction of The SPEAKER pro tempore. The gen-
tory deadlines to review and issue new stand- greenhouse gas emissions.’’ tleman from New Jersey has 6 minutes
ards. It goes on to talk about the various remaining. The gentleman from Oregon
88. Waters (CA) #103—Vote Yes. provisions and how they are helpful has 41⁄2 minutes remaining.
This amendment would require that the during the climate crisis. Then, it also Mr. PALLONE. Madam Speaker, I
DOE analyze state grants on smart manufac- specifically asks and urges a ‘‘no’’ vote yield myself such time as I may con-
turing to see if they benefit diverse commu- sume.
on this en bloc amendment No. 3 be-
nities. Madam Speaker, first of all, I wanted
cause they do not consider that useful
EN BLOC #4 to rebut what was just said by my col-
in terms of addressing the climate cri-
34. Harder (CA) #135—Vote Yes. sis, and it is actually counter to envi- league on our committee from the
This amendment would require institu- ronmental concerns. other side. The reality is that this bill
tions of higher education in the Centers of Madam Speaker, I reserve the bal- is designed with the hope that we can
Excellence program to consider the public come to a consensus on an energy
ance of my time.
health effects of wildfire smoke on outdoor
workers and improves required outreach and
Mr. WALDEN. Madam Speaker, I package with the Senate on a bipar-
collaboration with states, tribes, and local yield myself such time as I may con- tisan basis.
government and other institutions. sume. In fact, Senator LISA MURKOWSKI and
46. Levin, Mike (CA), Bonamici (OR), Neguse
Madam Speaker, I just want to say in Senator JOE MANCHIN are putting to-
(CO) #37—Vote Yes. response to my friend and the words gether an emergency package, which is
This amendment would create a program that he read, the groups he has identi- not exactly the same as this, but the
to improve wildfire smoke modeling and pre- fied, the notion that they would have idea would be that we would have some
dictions of smoke severity and direct the these statements about wildfires in the kind of informal conference and actu-
EPA to better research the negative health West when, for 20 years, I have battled ally adopt a bill that we have a con-
effects from wildfire smoke. them to try to get more active forest sensus on before the end of this session.
68. Pingree (ME), Spanberger (VA) #29—Vote management in our Western forests, I will point out that we actually
Yes. and they oppose nearly everything we worked very hard to try to do that 2
This amendment would add agricultural, have tried to do to get our forests back years ago and came very close to ac-
grazing, and forestry practices to DOE’s pri- into balance with nature. It is just a complishing it.
orities in its carbon removal research and bit absurd today, as someone who has So I don’t want anyone here to think
development, in order to advance natural seen the devastation, and then seeing that this is a message vehicle. This is
systems’ ability to capture and store carbon. their politics and the fundraising they a vehicle that is exactly designed to
ANTI-ENVIRONMENT AMENDMENTS INCLUDE do off this and the scare tactics they try to reach an agreement on an en-
EN BLOC #3 level, and then the destruction that oc- ergy package, albeit not a big one, that
91. Wilson, Joe (SC) #40—Vote No. curs to habitats, wildlife, forests, and we could actually get signed into law
This amendment would require DOE to forested communities. And they stand by the end of the year.
evaluate potential sites in the DOE footprint in the way of it all. So the gentleman Madam Speaker, I also want to rebut
for advanced nuclear research and dem- can have them. the idea—somehow there is always this
onstration programs. Madam Speaker, I yield 2 minutes to suggestion that when you do anything
We urge you to SUPPORT H.R. 4447 and on our side of the aisle that it is not
the gentleman from Ohio (Mr. JOHN-
the pro-environment amendments listed
above, and oppose anti-environment amend- SON). helping create more jobs. The reality is
ments. We will strongly consider including Mr. JOHNSON of Ohio. Madam this bill is designed to do exactly that,
votes on this legislation in the 2020 Score- Speaker, I rise today to speak about a to create more jobs. The bill supports
card. If you need more information, please missed opportunity, a missed oppor- the energy industry by providing re-
call my office at (202) 785–8683 and ask to tunity to deliver for the American peo- sources for projects, jobs, and tech-
speak with a member of our government re- ple an energy strategy that advances nology interests, which are looking for-
lations team. America’s exceptionalism. Instead, ward and necessary for the energy
Sincerely, while this energy package isn’t quite transition.
GENE KARPINSKI, the radical left’s Green New Deal, it is Clean energy, renewables, and energy
President. efficiency sectors employ millions of
certainly inspired by it.
Mr. PALLONE. Madam Speaker, I Madam Speaker, you have heard Americans. As demand for these tech-
wanted to reference some parts of this. about the dozens of other amendments nologies increases and as prices de-
With regard to the League of Con- Republicans offered to show our vision crease, these sectors will continue to
servation Voters, they specifically say for America’s energy future, including grow. However, COVID–19 has harmed
that, with regard to H.R. 4447, they two of mine that would break down energy jobs across the board. Delayed
urge support for the legislation in gen- regulatory barriers to export more or canceled projects, as well as social
eral and specifically ask that we reject American LNG and advance America’s distancing, have particularly affected
weakening the antienvironmental nuclear power technology. But those clean energy jobs and energy efficiency
amendments as listed below, and that amendments were ruled out of order by jobs. So this bill supports the nec-
includes this amendment en bloc No. 3. the majority. essary sectors by investing in tech-
They say that we should vote ‘‘no’’ be- What we are left with is unserious nologies and jobs that are future-look-
cause the amendment would require legislation that picks winners and los- ing and can meet the challenge of cli-
the Department of Energy to evaluate ers, throws billions of taxpayer dollars mate change.
potential sites in the DOE footprint for at green pet projects, and lacks the My colleagues on the other side keep
advanced nuclear research and dem- needed regulatory reforms to bring thinking of the energy sector as some-
onstration programs. America’s energy economy into the thing that is totally oriented toward
In addition to that, in the letter from 21st century. fossil fuels. The reality is that other
U.S. PIRG, it says: ‘‘On behalf of the Energy dominance is key for America countries, and us, we have to move to-
U.S. Public Interest Research Group, to remain at the head of the global ward a clean energy economy that cre-
Environmental America, and our tens leadership table. Unfortunately, today ates jobs. This bill includes workforce
of thousands of members, we urge you was a missed opportunity to strength- provisions that help provide training
to support the Clean Economy Jobs en America’s position, an exercise in and transition resources for the energy
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and Innovation Act.’’ futility since the Senate will not con- sector.
It talks about how the West is on fire sider this bill, nor should it. The bill includes Chairman RUSH’s
and the hurricanes. ‘‘The climate crisis Madam Speaker, while I support this Blue Collar to Green Collar Jobs Devel-
is here, and if we want to have any Republican en bloc of amendments, I opment Act that establishes a nation-
chance of avoiding its worst impacts, it urge my colleagues to oppose the un- wide program at the Department of En-
is imperative that we take swift ac- derlying bill. ergy to improve education and energy-
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September 24, 2020 CONGRESSIONAL RECORD — HOUSE H4937
related industries. It trains under- what they do is, they focus on the crit- and you are going to have fewer jobs.
served groups, including women, mi- ical minerals, the rare Earth minerals You can’t just put your head in the
norities, veterans, and unemployed en- that are important components of re- sand, like some kind of ostrich, and say
ergy workers, for energy careers. It newable energy. It is what is used in to the rest of the world, We don’t care,
supports the industries and jobs we solar panels. It is what is used in en- it doesn’t matter. It does matter.
need to navigate the energy transition. ergy storage technology. You can’t And all we are saying in this bill—
Again, I am not someone who says suddenly say, Hey, we are going to use and this is not the type of overall
that we are only going to have certain renewables, and not address this com- major climate bill that we would have
energy sectors. We are going to need ponent. to do eventually—this is a down pay-
everything. But the bottom line is, we What happens is the United States ment. And the idea is to look at cer-
do have to think that, in the future, has become energy independent, and we tain things that we can do now to in-
there is going to be a lot more in the have done that because of the policies vest in technology, to look at innova-
clean energy sector than solar and that have been enacted over the last tion so that we don’t fall behind, and
wind. If we don’t start investing in and few years. What this bill does is, by not we create the clean jobs of the future.
promoting the technologies, we are addressing the critical minerals, we be- In addition to that, the bill deals
going to be left behind, and we are come energy dependent again. We be- with energy efficiency, which is some-
going to lose jobs. This helps us gain come dependent upon China, dependent thing that my colleagues on the other
those jobs. upon Africa, and other nations where side of the aisle have never opposed—
I reserve the balance of my time, China controls the resources. Why more resiliency. These are things that
Madam Speaker. would we do that to ourselves? are important to deal with the climate
Mr. WALDEN. Madam Speaker, I So we have an amendment in this en changes that have occurred, to deal
yield myself such time as I may con- bloc that helps to address that because with the wildfires, to deal with the
sume. we have those minerals right here in hurricanes, so that our grid and every-
Madam Speaker, I appreciate the the United States. Why in the world thing is more resilient and we can deal
comments of my friend from New Jer- would we go mine them in other coun- with the impact of the climate crisis.
sey, the chairman of our committee. tries that have lower environmental Madam Speaker, I know that I am
standards to where you have a net ad- not going to be able to convince most
Unfortunately, however, the fact of the
Republicans to support this. I am hop-
matter on the blue collar to green col- verse impact on the global environ-
ing that some will, and I am hoping
lar jobs program is that the workforce ment?
Madam Speaker, this is trying to na- that when we get this passed and we
training program would open the door
tionalize California policy—the 8th have conversations with the Senate,
for grants to help Americans get the
that we can actually do some kind of
education resources they need to be worst emissions in the United States is
down payment in terms of creating the
able to work in these areas. We had in California, twice the electricity
clean jobs of the future. And then in
agreed that both those who worked in costs of my home State of Louisiana.
the next session of Congress, we will do
coal jobs and those who worked in nu- Why would we want to do that to
a much larger initiative dealing with
clear jobs would be eligible for those Americans, disproportionately impact-
climate change.
grants as well. ing the poor? Madam Speaker, I reserve the bal-
The underlying proposal that came So we set up this farce process where ance of my time.
out of our committee provided for this amendment goes down to where we Mr. WALDEN. Madam Speaker, may
workforce training for those men and miss the opportunity to ensure that we I inquire how much each side has re-
women who work in coal-related jobs truly advance an America-first inde- maining.
as well as in nuclear, but that got pendent energy policy. The SPEAKER pro tempore. The gen-
stripped out. Madam Speaker, I urge opposition to tleman from Oregon has 11⁄2 minutes re-
So, Madam Speaker, if you are work- this underlying legislation. maining. The gentleman from New Jer-
ing in the nuclear energy industry or Mr. PALLONE. Madam Speaker, I sey has 30 seconds remaining.
you are somehow connected to the coal yield myself such time as I may con- Mr. WALDEN. Madam Speaker, I am
industry, you have just been taken out sume. prepared to close, and I yield myself
of the mix to get additional grants for Madam Speaker, what I get from the such time as I may consume.
workforce training. other side of the aisle is that somehow Madam Speaker, the chairman and I
Madam Speaker, I yield 2 minutes to they think we are going to live in have had a wonderful working relation-
the gentleman from Louisiana (Mr. splendid isolation here. I mean, that ship during our time on the Committee
GRAVES). might have been nice in the 19th cen- on Energy and Commerce.
tury or the 18th century, or whenever, I understand where he is headed with
b 1215 but that is not the reality of today. this. I just wish some of the things had
Mr. GRAVES of Louisiana. Madam The reality is we are in constant com- been agreed to in a bipartisan way and
Speaker, I thank my friend from Or- petition around the world. the committee would have held firm as
egon for yielding. And while other countries move to- we moved forward with energy legisla-
Madam Speaker, first of all, I re- wards a clean economy—whether it is tion. Everybody has got to do it their
spond to comments earlier from my Europe, Japan, whatever it is—they are own way.
friend from New Mexico (Mr. LUJÁN), then investing—not just them, China, I always figured that if I could come
who noted that the Congressional India—they are then investing in these out of the House with a 300- or 400-vote
Budget Office’s score on this bill was new technologies. And if I could use margin and a big bipartisan push, we
zero. solar energy as an example: If we had would have a lot more leverage with
Madam Speaker, as we all know, this taken the initiative a few years ago to our friends in the Senate, regardless of
bill authorizes $135 billion in new pro- actually invest in solar panels and who controlled the Senate. But a dif-
grams. And so if my friend from New wind turbines and the technologies ferent path has been chosen here.
Mexico is suggesting that this whole that were coming about, we would have Part of what we are concerned about
thing is a charade and that my friends been able to sell a lot more of those on the Republican side is this supply
across the aisle do not anticipate actu- panels and those turbines around the chain vulnerability. And what we are
ally seeking appropriations for this world and also use them for our own arguing here is that we have witnessed
legislation, then it would be very inter- clean economy or clean initiatives. what happens when we have a supply
esting to hear those comments, but I Instead, we didn’t, and now most of chain vulnerability during this pan-
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think to suggest that the bill does not the solar panels are built in China, ex- demic. In fact, the very face mask that
implicate appropriations is simply mis- ported to the United States. we are wearing—this one, actually, my
leading, and I would urge that we have You cannot fall behind. If you fall be- wife made—we couldn’t get because
more transparency in this process. hind in these technologies, then you China locked it down.
Madam Speaker, we have two amend- are not going to be competitive, and We have seen that play out. Heck,
ments that are in this en bloc, and you are going to lose out on this race, you couldn’t even get toilet paper and
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H4938 CONGRESSIONAL RECORD — HOUSE September 24, 2020
paper towels. Now that wasn’t nec- (1) $441,000,000 for fiscal year 2021; 110 percent of the funding levels for the
essarily a China problem, but supply (2) $463,050,000 for fiscal year 2022; carbon pollution reduction R&D activi-
chains matter. Reliability on supply (3) $486,202,500 for fiscal year 2023; ties in the bill.
(4) $510,512,625 for fiscal year 2024; and Technological innovation has long
chains matters.
(5) $536,038,257 for fiscal year 2025.
And we have, as a country, locked up Page 254, strike lines 4 through 8 and insert
been seen as an important part of our
access to many of our areas on mining the following: efforts to take on climate change, in-
where you would get critical minerals. (1) $163,800,000 for fiscal year 2021; crease access to energy, and reduce air
And we have relied on other countries (2) $171,990,000 for fiscal year 2022; pollution. Increasing the efficiency of
and now, principally, China for our (3) $180,589,500 for fiscal year 2023; solar cells of wind turbines, developing
critical mineral supply chain. And you (4) $189,618,975 for fiscal year 2024; and new marine hydrokinetic generation
have to have that for our mobile (5) $199,099,923 for fiscal year 2025. technologies and lighter electric mo-
Page 275, strike lines 4 through 8 and insert tors, and improving the storage capac-
phones, you have to have it for bat- the following:
teries. And a lot of things, frankly, we ‘‘(1) $182,062,500 for fiscal year 2021;
ity and lifetime of batteries are just
all agree on, is the future for tech- ‘‘(2) $199,125,000 for fiscal year 2022; some of the innovations that will help
nology requires critical minerals. ‘‘(3) $216,187,500 for fiscal year 2023; us get to a 100 percent clean energy
And meanwhile, China has gone ‘‘(4) $225,750,000 for fiscal year 2024; and system.
around the world and locked up these ‘‘(5) $227,812,500 for fiscal year 2025.’’. But according to the International
resources in Africa and elsewhere, and Strike page 295, line 23, through page 296, Energy Agency’s Global Status of
as a result, they are really dominant in line 18, and insert the following: Clean Energy Innovation Report for
‘‘(1) $229,125,000 for fiscal year 2021, includ- 2020, research and development spend-
this space. And I don’t want us to be ing $168,870,000 for marine energy and
reliant on any other country, if we can ing on clean energy by its member
$60,255,000 for hydropower research, develop-
avoid it. I realize we are global and countries has been relatively flat since
ment, and demonstration activities;
there are things we don’t have here ‘‘(2) $236,517,450 for fiscal year 2022, includ- 2012, after a doubling spurt between
that we need to acquire elsewhere. ing $174,454,800 for marine energy and 2000 and 2012. Despite that doubling,
Madam Speaker, we offered up these $62,062,650 for hydropower research, develop- IEA member country public spending
amendments and we look forward to ment, and demonstration activities; on R&D remains below the levels it was
further debate. ‘‘(3) $244,187,873 for fiscal year 2023, includ- in the 1980s.
Mr. Speaker, I yield back the balance ing $180,263,343 for marine energy and Private sector spending has fluc-
$63,924,530 for hydropower research, develop- tuated with economic cycles—while
of my time.
ment, and demonstration activities; there have been some growth years, the
Mr. PALLONE. Madam Speaker, I
‘‘(4) $252,147,209 for fiscal year 2024, includ- 2007–2008 financial crisis and the 2014
yield myself such time as I may con- ing $186,304,944 for marine energy and
sume. $65,842,265 for hydropower research, develop-
oil price crash led to slowdowns in cor-
Madam Speaker, I am certainly sym- ment, and demonstration activities; and porate clean energy R&D, and the
pathetic to this idea that we have to do ‘‘(5) $260,406,837 for fiscal year 2025, includ- share of global early stage venture cap-
more manufacturing here and not rely ing $192,589,304 for marine energy and ital investment going into clean energy
on overseas, but I believe very strongly $67,817,533 for hydropower research, develop- has halved since 2012.
that is what this bill is all about. It ac- ment, and demonstration activities.’’. And now, the COVID–19 pandemic has
Page 299, after line 8, insert the following: had a dramatic negative impact on pri-
complishes the goal of moving forward
with clean energy innovation and tech- PART 5—ENERGY EFFICIENCY AND RE- vate sector funding for clean energy in-
NEWABLE ENERGY RESEARCH AND DE- novation, which is likely to cause set-
nology and bringing more manufac- VELOPMENT
turing here. And I believe the amend- backs in the timeline for developing
SEC. 2571. AUTHORIZATION OF APPROPRIATIONS. and improving clean energy tech-
ment, this en bloc amendment, will not There are authorized to be appropriated to
help in that regard and, in fact, makes nologies.
the Secretary of Energy or their designee to The pandemic will also hurt dem-
this a bill less prone to accomplish the carry out research, development, demonstra-
goal of clean energy and job creation. onstration projects and early adoption
tion, and commercial application activities
Madam Speaker, I would urge opposi- under the Office of Energy Efficiency and
of technologies that provide essential
tion to the en bloc amendment, and I Renewable Energy— opportunities for us to ‘‘learn by
yield back the balance of my time. (1) $3,228,500,000 for fiscal year 2021; doing’’ and figure out how to overcome
The SPEAKER pro tempore. Pursu- (2) $3,250,775,500 for fiscal year 2022; practical obstacles to widespread de-
ant to House Resolution 1129, the pre- (3) $3,291,488,750 for fiscal year 2023; ployment of new technologies.
vious question is ordered on the (4) $3,334,238,188 for fiscal year 2024; and The timing is extremely unfortunate
(5) $3,379,125,097 for fiscal year 2025. because, as the IEA report makes clear,
amendments en bloc offered by the The SPEAKER pro tempore. Pursu-
gentleman from New Jersey (Mr. PAL- we need to be accelerating clean en-
ant to House Resolution 1129, the gen- ergy innovation to give the world the
LONE).
tlewoman from New Mexico (Ms. best chance to achieve our climate
The question is on the amendments
HAALAND) and a Member opposed each goals, and without strong sustained in-
en bloc.
will control 5 minutes. vestment, our chances of success are
The en bloc amendments were re-
The Chair recognizes the gentle- dwindling.
jected.
A motion to reconsider was laid on woman from New Mexico. Madam Speaker, that is why our
Ms. HAALAND. Madam Speaker, I amendment is so important. With cli-
the table.
rise today to offer this amendment mate change accelerating, we can’t af-
AMENDMENT NO. 32 OFFERED BY MS. HAALAND
with my cosponsors, Representatives ford to wait. We need to develop and
The SPEAKER pro tempore. It is now TLAIB and OCASIO-CORTEZ, in order to deploy renewable energy widely soon,
in order to consider amendment No. 32 speed us along the path to a renewable and to do that, the Federal Govern-
printed in part B of House Report 116– energy future. ment needs to invest in R&D and in de-
528. Our amendment increases the au- ployment and the technology matura-
Ms. HAALAND. Madam Speaker, I thorization levels for solar, wind, geo- tion needed to enable widespread adop-
have an amendment at the desk. thermal and water-based energy re-
The SPEAKER pro tempore. The tion of renewables and their integra-
search and development programs by 50 tion into our energy system.
Clerk will designate the amendment.
The text of the amendment is as fol- percent over the levels currently in the This clean energy investment will be
bill for each of the 5 years the bill cov- good for our planet and good for tax-
lows:
ers. payers. Public renewable energy R&D
Page 4, in the table of contents, after the
matter relating to section 2562, insert the
The amendment also adds an overall in the United States has delivered a 27
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following: authorization level for research, devel- percent return on investment since
PART 5—ENERGY EFFICIENCY AND RENEWABLE opment, deployment, and commercial 1975, with the benefit-to-cost ratio of
ENERGY RESEARCH AND DEVELOPMENT application activities within DOE’s Of- 33–1. By making these investments, we
Sec. 2571. Authorization of appropriations. fice of Energy Efficiency and Renew- are sending the message that renew-
Page 241, strike lines 21 through 25 and in- able Energy. For each of the 5 years in able energy is our future, and we are
sert the following: the bill, those authorization levels are committing to making that a reality.
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September 24, 2020 CONGRESSIONAL RECORD — HOUSE H4939
Madam Speaker, I urge my col- This is a contentious and extraneous PARLIAMENTARY INQUIRY
leagues to join us in sending that mes- issue. The country doesn’t have unlim- Mr. WALDEN. Madam Speaker, point
sage by voting for our amendment, and ited Federal research funds. It just of parliamentary inquiry.
I reserve the balance of my time. doesn’t. I am sorry to disappoint y’all. The SPEAKER pro tempore. The gen-
Mr. WALDEN. Madam Speaker, I It doesn’t. tleman will state his parliamentary in-
claim the time in opposition to the Look, it is difficult, but we must set quiry.
amendment. priorities and invest strategically. Mr. WALDEN. Madam Speaker, I
The SPEAKER pro tempore. The gen- That is our job, folks. That is our job. thought we had gotten past where we
tleman from Oregon is recognized for 5 This amendment does exactly the oppo- couldn’t reconsider, that was part of
minutes. site. the motion, and so a recorded vote was
Mr. WALDEN. Madam Speaker, I As the ranking member of the Sub- not in order.
yield such time as he may consume to committee on Energy of the House The SPEAKER pro tempore. The
the gentleman from Texas (Mr. Science Committee, I support an all-of- yeas and nays were ordered on the
WEBER), the distinguished member of the-above energy strategy, and, yes, amendment, and further proceedings
the Committee on Science, Space, and that includes renewable energy. Texas were postponed pursuant to clause 8 of
Technology. is number one in wind energy. But sup- rule XX.
Mr. WEBER of Texas. Madam Speak- porting an all-of-the-above energy AMENDMENTS EN BLOC NO. 4 OFFERED BY MR.
er, I thank the gentleman for yielding. strategy does not mean increasing Fed- LEVIN OF CALIFORNIA
Madam Speaker, I rise in opposition eral investment for every R&D pro- Mr. LEVIN of California. Madam
to this amendment. gram in perpetuity. Speaker, as the designee of Chairman
We have heard the same sensible What did Reagan say? Closest thing PALLONE, pursuant to House Resolu-
logic from our side of the aisle count- to eternity. tion 1129, I offer amendments en bloc.
less times over the past 24 hours as we I would like to ask my friends on the The SPEAKER pro tempore. The
have debated this bill and these amend- other side of the aisle, when—w-h-e-n— Clerk will designate the amendments
ments. The package is over-funded, in- do we let the mature technologies of en bloc.
correctly prioritized, and a partisan wind—w-i-n-d—and solar stand up on Amendments en bloc 4 consisting of
process nightmare. their own in the market without con- amendment Nos. 33, 34, 46, 53, 62, 63, 68,
So in a way, I guess it is fitting that 76, 82, and 92, printed in part B of House
tinued funding to ‘‘reduce market bar-
this is the only standalone amendment Report 116–528, offered by Mr. LEVIN of
riers’’? Market barriers? The only bar-
we will consider today. It is one that is California:
rier is commonsense thinking that we
seeking even more funding for one of AMENDMENT NO. 33 OFFERED BY MR. HARDER OF
don’t need to increase that funding.
this bill’s most misguided priorities. CALIFORNIA
That is the barrier we are struggling
b 1230 against here. Redesignate section 12606 as section 12607.
When do we acknowledge that the Insert after section 12605 the following new
The United States Chamber of Com- section:
merce said it best when they penned solar industry has an average annual
SEC. 12606. WILDFIRE HAZARD SEVERITY MAP-
that this bill needed to avoid ‘‘conten- growth rate of—check this out—49 per- PING FOR ELECTRIC TRANSMISSION
tious and extraneous issues’’ for this cent? And wind power has tripled over AND DISTRIBUTION INFRASTRUC-
the past decades, Texas being the lead- TURE.
bill to be supported.
Let me tell you, the Democrats’ er. These industries don’t need our sup- (a) MAP REQUIRED.—Not later than 2 years
port for deployment. They are already after the date of the enactment of this sec-
unyielding focus on massive increases
tion, the Secretary of Energy shall—
to applied energy and, in particular, for in the market and growing, for Pete’s (1) use the most recent LANDFIRE data to
the DOE’s already well-funded Office of sake. generate a geospatial map for the
Energy Efficiency and Renewable En- This kind of duplicative and short- conterminous United States that depicts
ergy is the most contentious issue sighted strategy, while it may result in wildfire risk to electric utilities that—
here. politically expedient talking points—I (A) manage electric transmission infra-
By now, I am sure you can all say it give y’all that. structure or rights-of-ways on public lands;
along with me, but I cannot stress it Madam Speaker, I hope that we will and
enough: It is basic research, not ap- vote against this. I hope you will help (B) maintain equipment that is at risk of
igniting or being impacted by wildland fire;
plied energy, that will put us in the us, Madam Speaker.
and
best global position to develop the Ms. HAALAND. Madam Speaker, in (2) disseminate the information generated
long-term clean energy solutions to ad- closing, I would just like to say it under paragraph (1) in an appropriate format
dress our changing climate and, yes, again: Technological innovation has for use by electric utilities in order to—
lay the foundation for our clean and af- long been seen as an important part of (A) improve understanding of wildfire risk;
fordable energy future for generations our efforts to take on climate change (B) identify areas and assets at the highest
to come. and increase access to energy, and my risk;
The Office of Energy Efficiency and amendment will strengthen our invest- (C) prioritize infrastructure maintenance
Renewable Energy has grown consider- ment in innovation. and vegetation management;
(D) identify opportunities for energy stor-
ably, starting with what was supposed I urge my colleagues to support this age and microgrid projects; and
to be a temporary recovery in the amendment, and I yield back the bal- (E) develop plans for regular and emer-
American Recovery and Reinvestment ance of my time. gency access to manage and mitigate wild-
Act of 2009. Remember that? Tem- The SPEAKER pro tempore. Pursu- fire risk.
porary. ant to House Resolution 1129, the pre- (b) CONSULTATION.—In carrying out sub-
What was it President Reagan said? vious question is ordered on the section (a), the Secretary of Energy shall
There is nothing more permanent on amendment offered by the gentle- consult with—
Earth than a temporary government woman from New Mexico (Ms. (1) the Secretary of Agriculture, acting
through the Chief of the Forest Service;
program. Here is a great example. HAALAND). (2) the Secretary of the Interior;
Today it is funded at $2.8 billion, with The question is on the amendment. (3) the Administrator of the Federal Emer-
a B, which is more than DOE’s research The question was taken; and the gency Management Agency;
in fossil energy, nuclear energy, elec- Speaker pro tempore announced that (4) other appropriate Federal agencies;
tricity, and cybersecurity combined. the ayes appear to have it. (5) States;
And let me just say, there is no clean Ms. HAALAND. Madam Speaker, on (6) relevant colleges, universities, and in-
energy future without nuclear energy. that I demand the yeas and nays. stitutions of higher education with relevant
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H.R. 4447, just the base text, would The SPEAKER pro tempore. Pursu- expertise; and
spend more than $3.7 billion on the (7) other entities, as appropriate.
ant to section 3 of House Resolution (c) ELECTRIC UTILITY DEFINED.—In this sec-
EERE programs. Really? This amend- 965, the yeas and nays are ordered. tion, the term ‘‘electric utility’’ means—
ment, which seeks to increase author- Pursuant to clause 8 of rule XX, fur- (1) a rural electric cooperative;
izations by an additional 50 percent, ther proceedings on this question are (2) a political subdivision of a State, such
can only be labeled as irresponsible. postponed. as a municipally owned electric utility, or
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H4940 CONGRESSIONAL RECORD — HOUSE September 24, 2020
any agency, authority, corporation, or in- SEC. 12607. EXPOSURE TO WILDFIRE SMOKE AND Page 499, line 21, insert ‘‘, and wildfires’’
strumentality of one or more State political AIR POLLUTION. after ‘‘disasters’’.
subdivisions; and (a) IMPACTS OF ACUTE EXPOSURE TO AMENDMENT NO. 63 OFFERED BY MR. PANETTA
(3) an investor-owned utility. WILDIFRE SMOKE AND COVID–19.—The Ad- OF CALIFORNIA
AMENDMENT NO. 34 OFFERED BY MR. HARDER OF ministrator of the Environmental Protection
Page 135, line 3, strike ‘‘and’’.
CALIFORNIA Agency, in coordination with the Director of Page 135, line 14, strike the period and in-
the Centers for Disease Control and Preven- sert ‘‘; and’’.
Page 891, line 12, insert ‘‘(as defined in sec-
tion, and other Federal agencies as appro- Page 135, after line 14 insert the following
tion 101(a) of the Higher Education Act of
priate, shall coordinate data collection and new paragraph:
1965 (20 U.S.C. 1001(a)))’’ after ‘‘education’’.
epidemiological analysis of the impacts of ‘‘(6) to enhance or expand the use of mate-
Page 891, line 15, insert ‘‘, outreach, and
acute air pollution exposure from wildfires rials that are resistant to high heat and fire
community engagement,’’ after ‘‘research’’.
Page 891, line 16, insert ‘‘, including the in the context of the COVID–19 pandemic. in dwellings occupied by low-income persons
health of outdoor workers,’’ after ‘‘public (b) CHRONIC AIR POLLUTION EXPOSURE.— in areas at risk from drought and wildfires.
health’’. The Administrator of the Environmental Page 136, line 12, strike ‘‘and’’.
Page 891, after line 20, insert the following Protection Agency, acting through the As- Page 136, line 17, insert ‘‘and’’ after the
(and redesignate the subsequent subpara- sistant Administrator for Research and De- semicolon.
graph accordingly): velopment, shall coordinate with academic Page 136, after line 17 insert the following
(B) PRIORITY.—In selecting institutions of institutions and other research organiza- new subparagraph:
higher education at which to establish a cen- tions to conduct research to estimate the ‘‘(E) implement measures to enhance
ter under subparagraph (A), the Adminis- impacts of chronic exposure to air pollut- health and safety through use of materials
trator shall give priority to institutions ants, and other pertinent variables, in the that are resistant to high heat and fire in
that— context of responding to the COVID–19 pan- areas at risk from drought and wildfires;
(i) have established expertise or dedicated demic. AMENDMENT NO. 68 OFFERED BY MS. PINGREE OF
centers for air quality research; AMENDMENT NO. 53 OFFERED BY MR. MCNERNEY MAINE
(ii) have experience with relevant outreach OF CALIFORNIA Page 361, line 24, strike ‘‘and’’.
and extension work; Page 46, after line 3, insert the following: Page 362, line 2, strike the period and in-
(iii) have established relationships with PART 4—NATIONAL INSTITUTE OF sert a semicolon.
relevant Federal, State, and local agencies, STANDARDS AND TECHNOLOGY Page 362, after line 2, insert the following:
community organizations, and Indian Tribes; ‘‘(3) the activities described in subsection
SEC. 1122. RESEARCH FOR EFFECTIVENESS AND
and (a)(4), acting through the Assistant Sec-
STANDARDS.
(iv) are located in an area that is economi- retary for Fossil Energy in consultation with
cally or environmentally impacted by wild- The Director of the National Institute of the Secretary of Agriculture; and
fire smoke. Standards and Technology shall— ‘‘(4) the activities described in subsection
Page 893, line 18, strike ‘‘require.’’ and in- (1) collect data following wildfires in the (a)(5), acting through the Assistant Sec-
sert ‘‘require, which shall include plans to wildland-urban interface related to the influ- retary for Fossil Energy in consultation with
collaborate with a public institution of high- ence of building materials on structural fires the Secretary of Agriculture.’’.
er education or other research institution and how wind, terrain, and moisture affect
AMENDMENT NO. 76 OFFERED BY MR. SCHRADER
that—’’. wildland fires; and
OF OREGON
Page 893, after line 18, insert the following: (2) contribute to the scientific basis for
analyzing economic outcomes of wildland- At the end of subtitle H of title I, add the
(A) has established expertise or dedicated following:
centers for air quality research; urban interface fire mitigation by con-
ducting research on and developing metrics SEC. 1806. HOME WILDFIRE RISK REDUCTION RE-
(B) has experience with relevant outreach BATE PROGRAM.
and extension work; for the—
(A) relative contribution of moisture, (a) IN GENERAL.—The Secretary of Energy
(C) has established relationships with rel- shall establish a program, to be known as
evant Federal, State, and local agencies, weather, terrain, and infrastructure;
(B) losses and erosion of the forest floor re- the ‘‘Home Wildfire Risk Reduction Rebate
community organizations, and Indian Tribes; Program’’, to provide rebates to homeowners
and sulting from wildfires in the wildland urban
interface; and to defray the costs of retrofitting an existing
(D) is located in an area that is economi- home to be wildfire-resistant.
cally or environmentally impacted by wild- (C) the performance of current designs,
materials, and technologies used for— (b) AMOUNT OF REBATE.—In carrying out
fire smoke. the Home Wildfire Risk Reduction Rebate
(i) residential structures;
AMENDMENT NO. 46 OFFERED BY MR. LEVIN OF Program, the Secretary shall provide a
(ii) public and Federal government build-
CALIFORNIA homeowner a rebate of up to—
ings;
Redesignate section 12606 as section 12608. (iii) electric grid infrastructure; and (1) $10,000 for the retrofitting of roof fea-
Page 894, after line 6, insert the following (iv) other critical infrastructure. tures, including the roof covering, vents, sof-
new sections: fit and fascia, and gutters, to be wildfire-re-
AMENDMENT NO. 62 OFFERED BY MR. PANETTA
SEC. 12606. WILDFIRE SMOKE EMISSIONS MOD- sistant;
OF CALIFORNIA
ELING AND FORECASTING IMPROVE- (2) $20,000 for the retrofitting of exterior
MENT PROGRAM. Page 521, after line 10, insert the following: wall features, including sheathing and sid-
(a) IN GENERAL.—The Administrator of the ‘‘(h) CRITICAL INFRASTRUCTURE AND ing, doors, and windows, to be wildfire-resist-
National Oceanic and Atmospheric Adminis- MICROGRID RESEARCH PROGRAM.—The Sec- ant;
tration, in collaboration with other Federal retary shall establish a research, develop- (3) $5,000 for the retrofitting of a deck, in-
agencies and such academic entities as the ment, and demonstration program to im- cluding the decking, framing, and fascia, to
Administrator considers appropriate, shall prove the energy resilience of critical infra- be wildfire-resistant; and
maintain a program to improve wildfire structure, including through the use of (4) $1,500 for the retrofitting of near-home
smoke emissions modeling and develop microgrids, during extreme weather events landscaping, including mulch and landscape
smoke forecasts. including extreme heat and wildfires. This fabric in a 5-foot zone immediately around
(b) GOAL.—The goal of the program under program shall focus on developing tech- the home and under all attached decks, to be
subsection (a) shall be to develop and extend nologies that— wildfire-resistant.
accurate wildfire smoke forecasts and im- ‘‘(1) improve the energy resilience and (c) INCLUSION.—For purposes of this sec-
pact-based decision support services in order meet the power needs of critical infrastruc- tion, the cost of a retrofit shall include all
to reduce loss of life, injury, and damage to ture, including through the use of costs associated with the retrofit, including
the economy with a focus on— microgrids, renewable energy, energy effi- the purchase and installation of wildfire-re-
(1) improving modeling of wildfire smoke ciency, and on-site storage; sistant products and components.
emissions, transport, mixing, and chemical ‘‘(2) improve the energy efficiency of crit- (d) LIMITATION.—The amount of the rebate
transformations through advanced modeling ical infrastructure; under this section shall not exceed 50 percent
approaches; ‘‘(3) decrease the size and cost of on-site of the cost of the retrofit.
(2) developing and disseminating smoke backup generators for critical infrastruc- (e) PROCESS.—
forecasts; and ture; (1) FORMS; REBATE PROCESSING SYSTEM.—
(3) incorporating risk communication re- ‘‘(4) provide on-site back-up power with re- Not later than 90 days after the date of en-
search in developing smoke forecasts and newable and low-carbon liquid fuels; and actment of this Act, the Secretary, in con-
dlhill on DSK120RN23PROD with HOUSE
fire weather warning products. ‘‘(5) ensure the safe power up and power sultation with the Secretary of the Treas-
(c) AUTHORIZATION OF APPROPRIATIONS.— down of critical infrastructure when nec- ury, shall—
There is authorized to be appropriated to the essary, as well as the transfer to backup (A) develop and make available rebate
Administrator of the National Oceanic and sources of power for uninterrupted elec- forms required to receive a rebate under this
Atmospheric Administration to carry out tricity supply, including the use of section;
this section $20,000,000 for each of fiscal years microgrids.’’. (B) establish a Federal rebate processing
2021 through 2025. Page 499, line 20, strike ‘‘and’’. system which shall serve as a database and
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September 24, 2020 CONGRESSIONAL RECORD — HOUSE H4941
information technology system that will program to provide information and rec- Health? ‘Frankly, We Don’t Really
allow homeowners to submit required rebate ommendations to States and electric utili- Know.’ ’’ We don’t really know, and
forms; and ties on how to improve the resilience of elec- that is why we need this research, this
(C) establish a website that provides infor- tric grids in regards to climate change and
funding.
mation on rebates provided under this sec- extreme weather events.
tion, including how to determine whether (b) ELECTRIC UTILITY DEFINED.—In this sec- A good friend of mine from Stanford
particular measures qualify for a rebate tion, the term ‘‘electric utility’’ has the University, my alma mater, an econo-
under this section and how to receive such a meaning given such term in section 3 of the mist named Marshall Burke, has done
rebate. Federal Power Act (16 U.S.C. 796). great work on the cost of climate
(2) SUBMISSION OF FORMS.—In order to re- SEC. 5503. REPORT ON PLANNED ELECTRIC change and the cost of inaction. He has
ceive a rebate under this section, a home- POWER OUTAGES DUE TO EXTREME estimated that between 1,000 and 3,000
owner shall submit the required rebate WEATHER CONDITIONS.
Not later than 1 year after the date of en-
excess deaths—think of that number,
forms, and any other information the Sec-
actment of this section, the Secretary of En- 1,000 and 3,000 excess deaths—will be
retary determines appropriate, to the Fed-
eral rebate processing system established ergy shall submit to Congress a report, and caused by the smoke from these
under paragraph (1). publish such report on the website of the De- wildfires. Five thousand extra visits to
(f) MODERATE-INCOME HOUSEHOLDS.— partment of Energy, that provides rec- the emergency room in California will
(1) CERTIFICATIONS.—The Secretary shall ommendations on how to minimize the need be caused by these wildfires.
establish procedures for certifying that the for, effects of, and duration of, planned elec- And we know from other research at
household of a homeowner is moderate-in- tric power outages that are due to extreme Harvard University and elsewhere that
come for purposes of this section. weather conditions, including such condi-
short-term changes in particulate mat-
(2) LIMITATION FOR MODERATE INCOME tions under which the National Weather
Service issues a red flag warning. ter of 2.5, and other criteria air pollut-
HOUSEHOLDS.—Notwithstanding subsection
(d), for households of homeowners that are AMENDMENT NO. 92 OFFERED BY MR. BERA OF
ants, dramatically increase mortality.
certified pursuant to the procedures estab- CALIFORNIA
It is very clear: Wildfire smoke is a
lished under paragraph (1) as moderate-in- Page 500, after line 13, insert the following
dominant source of air pollution in the
come, the amount of the rebate under this (and redesignate subsections (c), (d), and (e) United States in some years. Health
section shall not exceed 80 percent of the as subsections (d), (e), and (f), respectively): costs associated with wildfire exposure
cost of the retrofit. (g) CONCURRENT AND CO-LOCATED DISAS- are greater than we thought, pre-
(3) OUTREACH.—The Secretary shall estab- TERS.—In carrying out the program under viously.
lish procedures to— subsection (a), the Secretary shall support The more we learn about this, the
(A) provide information to households of research and development on tools, tech- more we recognize just what a signifi-
homeowners that are certified pursuant to niques, and technologies for improving elec-
the procedures established under paragraph cant toll this is taking on our health,
tric grid and energy sector safety and resil-
(1) as moderate-income regarding other pro- ience in the event of multiple simultaneous
on our ability to deal with the eco-
grams and resources relating to assistance or co-located weather or climate events lead- nomic impacts that this causes. And
for upgrades of homes, including the weath- ing to extreme conditions, such as extreme we have seen, in California, some of the
erization assistance program implemented wind, wildfires, and extreme heat. studies on things like preterm birth,
under part A of title IV of the Energy Con- The SPEAKER pro tempore. Pursu- this has had an impact even on preterm
servation and Production Act (42 U.S.C. 6861 ant to House Resolution 1129, the gen- birth.
et seq.); and
tleman from California (Mr. LEVIN) and And, of course, as is so often the
(B) refer such households, as applicable, to
such other programs and resources. the gentleman from Oregon (Mr. WAL- case, when we talk about environ-
(g) DEFINITION.—In this section, the term DEN) each will control 10 minutes. mental issues, environmental justice is
‘‘wildfire-resistant’’ means meeting or ex- The Chair recognizes the gentleman key here. We know that the poor and
ceeding the specifications of the Inter- from California. communities of color have been im-
national Code Council’s 2018 International Mr. LEVIN of California. Madam pacted most by this as well.
Wildland-Urban Interface Code (IWUIC). Speaker, all we have to do is look at In my district, we have got the Uni-
(h) AUTHORIZATION OF APPROPRIATIONS.— the last few weeks in my great State of versity of California at San Diego,
There is authorized to be appropriated to
carry out this section $500,000,000 for each of
California and see record wildfires, 3.6 Scripps Institution of Oceanography,
fiscal years 2021 through 2025. million acres and counting. And we and I am very proud of all of the work
AMENDMENT NO. 82 OFFERED BY MR. THOMPSON
have seen this all throughout the West- they are doing.
OF CALIFORNIA ern United States, truly unprece- One of the researchers there recently
Add at the end of title V the following: dented. made the link between air pollution
Subtitle E—Utility Resilience and Reliability And we also have seen smoke. All I and increased risk of COVID–19 and,
SEC. 5501. RELIABILITY OF BULK-POWER SYSTEM
had to do a few weeks ago is just open specifically, the severity of symptoms
IN CHANGING CONDITIONS. the window, even though I am miles that one would get if they were to have
(a) IN GENERAL.—Not later than 1 year away from the center of any of the COVID–19 and if they were to be im-
after the date of enactment of this para- wildfires, and we could see the thick, pacted by wildfire smoke. It could ex-
graph, the Electric Reliability Organization dark smoke, gray and orange. We saw acerbate the degree to which COVID–19
shall file with the Federal Energy Regu- the pictures in the city of San Fran- causes more serious conditions.
latory Commission a proposed reliability cisco. It is truly unprecedented in our As that researcher said: ‘‘I really
standard, under section 215(d) of the Federal
great State of California. hope I am wrong, but what we may ex-
Power Act (16 U.S.C. 824o(d)), that addresses
the reliability of the bulk-power system and The amendment that we are offering pect to see in the next few weeks is an
suggestions for how to— will hopefully uncover the true cost of increase in the fatality rate from
(1) prepare for and adapt to changing con- this smoke. We must figure out exactly COVID–19.’’
ditions; and what type of health impacts wildfire So we know that wildfire smoke is
(2) withstand and rapidly recover from dis- smoke is having, not just in California, here. This is not theoretical. Often-
ruptions, including disruptions caused by ex- but everywhere where this has im- times, when we talk about climate
treme weather conditions. pacted our communities throughout change, we think of something in the
(b) REGIONAL DIFFERENCES.—The proposed
reliability standard filed under subsection
the Western United States. future; we think of something theo-
(a) shall take into account regional dif- So we are also going to need to de- retical.
ferences. velop better smoke forecasts. This One of the things that I so appreciate
(c) DEFINITIONS.—In this section, the terms amendment would do that. And it di- about this legislation, and specifically
‘‘bulk-power system’’, ‘‘Electric Reliability rects the EPA to collect data and co- about this amendment and the series of
Organization’’, and ‘‘reliability standard’’ ordinate research on the impacts of amendments from Mr. SCHRADER and
have the meanings given those terms in sec- acute air pollution exposure from my friends from California—JOSH
dlhill on DSK120RN23PROD with HOUSE
tion 215 of the Federal Power Act (16 U.S.C. wildfires. It is $100 million that I think HARDER, AMI BERA, MIKE THOMPSON,
824o).
is well spent. and JIMMY PANETTA—is that all of
SEC. 5502. ELECTRIC GRID RESILIENCE EDU-
CATION PROGRAM. An article published just a few days these amendments are things that im-
(a) IN GENERAL.—Not later than 1 year ago, September 19, in the Los Angeles pact us in the here and now.
after the date of enactment of this section, Times, is titled, ‘‘How Bad Is All That Wildfire smoke is not some far-off,
the Secretary of Energy shall establish a Wildfire Smoke to Our Long-Term theoretical thing that may or may not
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H4942 CONGRESSIONAL RECORD — HOUSE September 24, 2020
happen in the future. We know that it tions of critical clean energy research to grow, they continue to die. I have
is happening, and happening right now. and demonstration programs at the De- forest scientists who will tell me in
So, as I mentioned, in addition to our partment of Energy, and we have some parts of my State there are lit-
amendment, which establishes a pro- learned so much about our environ- erally 1,000 trees on an acre, where in
gram to improve wildfire smoke emis- ment, about climate change. historic times there might have been 10
sions modeling and to develop smoke I graduated from law school in 2005, or 12.
forecasts and directs EPA to collect and I became an environmental attor- See, fire naturally would come
data and coordinate research on the ney and a clean energy advocate work- through and thin out on a regular
impacts of acute air pollution exposure ing in a variety of clean energy organi- basis, and then humans interceded, and
from wildfires, Mr. SCHRADER of Oregon zations, businesses, and now as a legis- said, Well, we are going to stop fire.
has an amendment that would estab- lator. And what I can tell you is that And for a long time, they weed-man-
lish the home wildfire risk reduction between the time I graduated from law aged it and thinned the forest, and now
rebate program to provide rebates to school in 2005 and today, we know sig- all that kind of went by the wayside as
homeowners to defray the cost of retro- nificantly more, and much different in- well. And, tragically, now the U.S. For-
fitting an existing home to be wildfire formation about climate change than est Service budget, more than half of it
resistant. we did back then. Yet, we have not up- goes to fight fire. We have had to set
Of course, we are thinking of all of dated the research and development up enormous funds to fight fire. It
our friends throughout the Pacific now for 12 years, it is simply unaccept- didn’t used to be that way, and now our
Northwest. We have family in Oregon able. citizens suffer from the smoke.
and Washington that have been so dra- So our amendment and the other In my home State of Oregon, the 10
amendments that I discussed will go a worst air quality cities in the world
matically impacted by all of this.
As I mentioned, my friends JOSH long way, and I hope we can achieve bi- were in Oregon. Oregon. The smoke
partisan consensus in this, and in the was so bad when I drove from southern
HARDER, AMI BERA, and MIKE THOMP-
months and years ahead to actually Oregon, where tragically, one of these
SON, all fantastic Representatives from
tackle these problems as they face fires—it was not a forest fire, it was a
northern California—and they have
Californians. grass and brush fire that got away with
really borne the brunt of the wildfires
Madam Speaker, I reserve the bal- an unusually strong wind, and it just
throughout California—have offered
ance of my time. became a blowtorch, and most likely
amendments that, among other things,
Mr. WALDEN. Madam Speaker, I ap- was started by arson. That fire de-
create a geospatial map that depicts
preciate my friend from California’s stroyed more than 2,600 housing units
wildfire risk around utilities to allow
comments, especially about the smoke and deeply, sadly, most of these were
for better planning, for grid hardening,
and his sympathy for the folks all mobile homes, mobile home parks, and
vegetation management, emergency low-income housing. The poorest of the
access points, and more. across the West, and especially in the
Pacific Northwest. I am a native Ore- poor got hit the hardest.
Their amendments also establish an This was not forest, this was between
electricity reliability standard regard- gonian and, tragically, we have been
a freeway and a highway, and it just
ing extreme weather events and direct choking on smoke for a very long time,
took off. It was dry, because, you
the Department of Energy to help for decades and decades, as these forest
know, in the West we dry out in the
States and local utilities on ways to fires have burned unnaturally because
summer, unlike back here where they
improve the resiliency of their elec- fuel concentrations are unnatural. get rain with a thunderstorm. But this
trical grids. It is so important that we You know, we did a great job as
wasn’t even lightning-caused.
study these wildfires and we under- Americans with Smokey the Bear and Meanwhile, in the canyons off the
stand the impact on our electricity putting out fires. For 100 years we have great Cascade Mountains, fire started
grid. fought fire. The problem is that in the up there, we don’t know how and, in
My friend Representative PANETTA last 50 years there have been court de- some cases, again, this high wind may
offers several amendments, including cisions, lots of litigation, lawsuits to have triggered it with power lines or
one that expands weatherization assist- stop active forest management. We lost something of that nature. People lost
ance for low-income families and en- tens of thousands of jobs that used to their homes, habitat destroyed, com-
hancement in innovation to cover the take place in our rural forested com- munities that had been there forever,
use of materials that are resistant to munities of people that would go out wiped out, lives lost.
high heat and fire in dwellings occu- and tend to our forests. When they So, indeed, we have this situation
pied by low-income persons in areas at would harvest, they would replant. If where, with climate change, drought,
risk from drought and wildfires. there was a fire, they were on the scene disease, bug infestation, and a ne-
I think it is important to just men- to help put it out. All that went away glected forest, conditions are ripe for
tion we are not talking about wildfires through litigation and lawsuits. destruction. They are ripe for fires like
in a vacuum. We have seen record In the early 2000s, I worked with this. But if you care about—and I think
drought and record temperatures, and then-President Bush to pass the we all do—about the planet and about
those conditions create the environ- Healthy Forests Restoration Act, to the climate and about reducing emis-
ment that we now have seen that cre- allow us to get in, at least in the sions, then it is a failure of this Con-
ates these wildfire risks. wildland-urban interface, and thin out gress, under Democrat rule, to not
Finally, my friend Representative these unnatural stands, get them back move forward with the legislation our
BERA has an amendment that directs in balance with nature. The Forest colleague, a Yale forestry graduate,
the Secretary of Energy to support Service tells us today 63 million acres BRUCE WESTERMAN, has put forward, to
R&D on tools and technologies for im- of our national forests, America’s peo- go in and more actively treat these for-
proving the electric grid and the en- ple’s forests, are at high risk of fire. It ests to get them back in balance with
ergy sector for safety and resilience is out of balance. We have 7 million of nature.
during concurrent or colocated severe those acres in my home State of Or- And, more importantly, when 70 per-
weather events. egon. 7 million acres. We treat some- cent of the carbon emissions from a
thing like 2 million a year. fire occur afterwards from the dead and
b 1245 Under President Trump and his ad- decaying material that is left behind,
I am extremely proud at the support ministration, they have taken this se- we should be going in like Tribal gov-
that we have been able to achieve for riously and they have increased the ernments do, county and State govern-
these amendments, and for the package amount of thinning that is going on ments do, they go in and manage their
dlhill on DSK120RN23PROD with HOUSE
for H.R. 4447. It is a comprehensive bill out there to reduce the fuel load by 20 forests by removing the burned, dead
that we really do need to move forward to 25 percent over what it was when he debris, where it makes sense, and while
on. took office. it still has value, and they replant a
It has been a dozen years, a dozen Timber harvest is up, too, but you new, healthy forest. I think we can all
years, since we have been able to up- can’t catch up at that rate because for- agree, new green trees sequester carbon
date the structure and the authoriza- ests are very dynamic, they continue better than dead, dying ones.
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September 24, 2020 CONGRESSIONAL RECORD — HOUSE H4943
Science is on our side in this matter, historic 3.7 million acres, more than 20 along with Congressmen MCEACHIN and
but the politics have not been on our times the amount last year. RUIZ, for their collaborative efforts to
side in the West. So we have not been Horrific hurricanes in the Gulf Coast, include a transformative environ-
able to make progress on changing some of the most severe to hit the mental justice title; Select Committee
Federal law that would actually make southern States. I spoke to the Gov- on the Climate Crisis, KATHY CASTOR;
our forests and forest communities ernor of Louisiana, he told me that the Congresswoman ANNA ESHOO, chair-
healthier and safer, more economically hurricane that hit Louisiana was the woman on the Subcommittee of Health
dynamic, and reduce emissions and fire most severe in the history of Lou- in Energy and Commerce, leading the
and smoke. isiana. I said, Even more so than legislation to study the direct connec-
I have choked on that smoke the last Katrina? He said, Yes. Katrina’s dam- tion of wildfire smoke on public health,
10 days, as have my constituents and, age sprang from the hurricane, but also as you suggested. And also, Members
sadly, we sent that smoke all the way the levees collapsing. This is about the from the West for offering amend-
to Europe and around the globe, and severity of the hurricane. And then fre- ments, including the ones under con-
none of us wants to repeat that. quency, they have had more hurricanes sideration now, to improve wildfire re-
So, hopefully, we can put old battles since then. They are running out of search, resilience, and protect homes,
behind us. We can do something to names to label them. They said they communities, and public health.
treat American’s great forests and get may have to go to the Greek alphabet. Again, I salute Congressman MIKE
them back in balance. We can go in and Heat waves across America, with this LEVIN for his leadership in this very
remove burned debris while it has summer being the hottest ever summer important area. His election to Con-
value, creating jobs in our most impov- recorded in the northern hemisphere, gress took us way down the path in
erished counties, and plant new, green, and the second hottest summer around this fight to preserve the planet.
healthy forests for the next generation. the planet. Scientists tell us that 2020, Thank you, Mr. LEVIN.
Indeed, that is our obligation and our a year filled with climate disasters, The legislation advances public
duty, and we should do more. will be among the two hottest years health, financial, and national secu-
Madam Speaker, I reserve the bal- ever recorded. rity, and environmental justice. It
ance of my time. Madam Speaker, Mother Nature is takes actions that scientists, research-
Mr. LEVIN of California. Madam sending us a message, a clear sign that ers, and experts tell us is needed:
Speaker, it is my honor to yield 1 the climate crisis is real, it is deadly, By launching the research and devel-
minute to the gentlewoman from Cali- and it is accelerating. opment needed to unleash a clean en-
fornia (Ms. PELOSI), the distinguished The American people elected a Demo- ergy revolution and reduce pollution in
Speaker of the House of Representa- cratic House majority that would our communities; making a bold down-
tives. honor the science and honor our obliga- payment for future climate action by
Ms. PELOSI. Madam Speaker, I tion to build a more resilient, green, modernizing America’s energy innova-
thank the gentleman for his leadership and sustainable economy, not only for tion infrastructure; phasing down dan-
on this important issue. He has future generations tomorrow, but for gerous HFCs, known as super pollut-
brought his experience in the private our children today. ants, which many experts believe is the
sector, and the nonprofit sector to Con- I am proud of the work that Demo- single biggest action that the world
gress to effectively address the climate crats have taken since day one to com- can take to reduce global warming;
crisis that we are facing. bat the climate crisis in a way that putting our country on the path to net-
Madam Speaker, I join the distin- creates jobs and advances environ- zero pollution no later than 2050; and,
guished ranking member of the com- mental justice. This has been an all- critically protecting local communities
mittee in supporting this en bloc, and caucus effort reflecting the energy of by requiring Federal agencies to better
remind him that in 2018 we did have our freshmen, the expertise of our understand the impact of new projects
chairs, and the will of the American on public health and the environment,
the fire budget act that readjusted—en-
people, including: The Climate Action and to provide meaningful participa-
abling us to spend money for fire pre-
Now Act, keeping us in the Paris ac- tion for indigenous and environmental
vention, and that was bipartisan.
I welcome your support for the en cords; the Moving Forward Act, mak- communities. This is so absolutely im-
ing a strong downpayment in a clean portant to have our Indian Country in-
blocs and work to address this. The de-
energy future; the Great American volved in these decisions.
scription that you make of the fire im-
pacts on the communities is a very, Outdoors Act, the most significant con- b 1300
very serious one. We see it in Cali- servation bill in a generation, strongly As the League of Conservation Vot-
fornia, but we have seen it a few years bipartisan; Solving the Climate Crisis, ers wrote today: ‘‘This bill includes
ago and before. Unless you have seen our congressional action plan led by many great provisions to develop and
it, you cannot really realize how de- Chairwoman KATHY CASTOR, the most deploy renewable and distributed en-
structive it is. It just obliterates the detailed, sweeping climate plan in ergy resources; improve the efficiency
area. American history, which endorses a na- of our homes, schools, and businesses;
And then the smoke from those fires, tional goal with net-zero pollution as electrify our transportation sector;
as we say, the smoke from those fires soon as possible, 2050 at the latest. This modernize the grid and enhance its re-
is not stronger than the love that we plan protects American workers, safe- silience; prioritize the needs of envi-
have for each other to come back from guards vulnerable communities, grows ronmental justice in communities; re-
all of this. But this legislation and the economy, and advances our pre- duce climate pollution from industrial
these amendments will be helpful, and eminence in green technologies. and traditional sources, and from am-
I thank the gentleman for his strong Now, today, we are taking the next bient air.’’
leadership on this. step with the Clean Economy Jobs and Then they go on to say: ‘‘Though we
The threat of wildfires in our com- Innovation Act. And, Madam Speaker, do not support increased funding for
munities and the ability to create I say the next step. This is not exhaus- projects that could extend the life of
clean energy jobs and innovation is an tive of our solutions, and we have a lot fossil fuel-burning power plants or
opportunity that we have here today. of ideas in our caucus to debate and to aging nuclear power infrastructure or
Across the country, extreme weather prioritize, but this is an important prop up undemonstrated new nuclear
and climate events are being unleashed next step. projects, many of the amendments
on our communities leaving tragedy I salute all the committees of juris- would improve those areas and build
and devastation in their wake. From diction and chairs for their strategic, upon the significant positive environ-
dlhill on DSK120RN23PROD with HOUSE
wildfires in the West—which the distin- science-based leadership on the bills in mental aspects of the bill.’’ This is
guished ranking member referenced this package. Energy and Commerce very important, ‘‘build upon the sig-
and that we have experienced—that are Chairman FRANK PALLONE; Science, nificant positive environmental as-
described as apocalyptic, which have Space, and Technology Chairwoman, pects of the bill.’’
killed at least 35 people, blanketed the EDDIE BERNICE JOHNSON; Natural Re- ‘‘We urge support for the amend-
entire country in haze, and burned an sources Chairman RAÚL GRIJALVA, ments . . . that will make the bill even
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H4944 CONGRESSIONAL RECORD — HOUSE September 24, 2020
stronger by protecting our commu- have no time to waste. I urge an ‘‘aye’’ smoke. When I chaired the Energy and
nities and environment while investing vote on these en bloc amendments and Commerce Committee, I held hearings
in clean energy research, development, on final passage of the legislation. each year, which have been continued
and deployment.’’ The SPEAKER pro tempore. The under Chairman PALLONE, looking at
This important legislation is an im- time of the gentleman from California the health impacts of wildfire smoke
portant step—I keep saying it is not has expired. on our citizens in America as relates to
everything; it is a step—to advance cli- Mr. WALDEN. Madam Speaker, may the Clean Air Act.
mate action. But much more is needed. I inquire as to how much time is re- I remember we had a gentleman from
Unfortunately, many in our govern- maining. southern Oregon who had sent me a
ment continue to deny the science and The SPEAKER pro tempore. The gen- photo of his CPAP, his air-breathing
refuse to act. As seen earlier this tleman from Oregon has 41⁄2 minutes re- filter, that had turned dark within a
month, when I hosted the G7 Speakers’ maining. day or two. We had county commis-
Meeting on ‘‘Addressing the Climate Mr. WALDEN. Madam Speaker, I sioners tell me that when they opened
Crisis With Economic and Environ- yield 2 minutes to the gentleman from their windows at night, the smoke
mental Justice for All,’’ no other coun- California (Mr. LAMALFA), my friend alarm went off in their house. It was
try in that mix of the G7 and the Presi- and colleague, a real leader on natural that bad.
dent of the European Union, who was resource issues. We continue to have that, and it has
also participating, no other country is Mr. LAMALFA. Madam Speaker, I
been going on for a very long time. It
in denial about the climate crisis and thank my colleague from Oregon for
is sad we had to get to this point for
the impact that human activity has on yielding and for his leadership on this
many to recognize who don’t have to
it. bill today. I appreciate the work in this
live with that as we all have to.
Sadly, only in America is there con- current bloc on forestry as Oregon,
There is so much more we can and
tempt for science, public health, and California, and so much of the West is
should do, and I appreciate Speaker
the role of government. experiencing yet another year of such
PELOSI’s comments about fixing the
Madam Speaker, when I first became devastating fire.
I want to hearken back to a previous fire borrowing problem. We did that
Speaker in 2007, the first bill we put on
bloc here while I have the opportunity. jointly and in a bipartisan, bicameral
the floor was to establish a Select
It has to do with the Klamath dams way. It was long overdue.
Committee on Climate and Energy. We But I am just going to close by say-
passed that bill working with President that are owned by PacifiCorp in north-
ern California and Oregon. ing you still have 60, 70 million acres of
Bush. It was the biggest energy bill in
Now, there is the need to continue lands out there that we have responsi-
the history of our country. It was the
those dams’ ability to operate. Unfor- bility for. They are the public’s lands
equivalent of taking millions of cars
tunately, my California colleague on that are completely out of balance. Na-
off the road. We came to terms with an
the other side of the aisle is insisting ture tells us that. Scientists reinforce
agreement, and he was delighted to
on an amendment that would make it that. And we need to do something
have a signing ceremony for this bill.
Since then, there has been denial impossible to continue that operation about that.
about the climate crisis. After becom- even during a time of uncertainty as to Hopefully—I am leaving Congress at
ing Speaker again in this Congress, I the efficacy of dam removal or what- the end of this year—future Congresses
established a Select Committee on the ever the disposal of those will be. It is will figure a way through this thicket
Climate Crisis, which KATHY CASTOR up in the air. The science is not clear. because if we don’t act, you won’t have
chairs. The amendment that is being pro- forests left, and a whole generation
So this has been a very high priority. posed might be the worst attempt at a will never know what we have had the
It is a high priority for public health, veiled threat that I have seen in a long great joy to see, big healthy tree
clean air, clean water, ending the pol- time on threatening a company in the stands and habitat, freshwater and fish,
lutants, diminishing the pollutants. operation of current dams. Rather than and all of that that is the Northwest. It
Secondly, it is a jobs issue. Jobs, work with PacifiCorp, the hope seems is going away in large measure every
jobs, jobs, clean energy jobs making us to be that the House of Representatives summer, and it will be a generation be-
preeminent in the world. can be used in this en bloc for a per- fore you can drive over the Cascade
It is a national security issue. Our se- sonal vendetta in defying the will of Mountains on these routes and see
curity experts tell us that drought and the people in the area. what we got to see for our generation
famine, so much is caused by the cli- The owner of these dams has signed as it burns up and goes away.
mate crisis. Increased competition for on to both agreements that con- We need to take out the burned, dead
habitat, resources, and the rest cause templated removal under the right con- material while it has value. We need to
mass migrations. It is a national secu- ditions. Congress didn’t bring an agree- plant green, new trees. We need to fully
rity issue. ment up for consideration. Local voters understand the impacts of smoke and
It is a moral issue. If you believe, as overwhelmingly rejected the dam re- then do everything in our power to
I do, that this planet is God’s creation, moval. The corporation that my col- minimize these fires and their dev-
we have a moral responsibility to be league is attempting to attack has astating, tragic, and deadly effects.
good stewards of it. This is believed by been supportive for nearly 15 years. Madam Speaker, I yield back the bal-
many in the evangelical community. Under the guise of what my colleague ance of my time.
But even if you don’t share this belief would call ‘‘more stringent reporting Mr. THOMPSON of California. Madam
from a religious standpoint, from a requirements,’’ this amendment would Speaker, I rise in strong support of my amend-
moral standpoint, we have a responsi- directly increase power costs on tens of ment.
bility to pass the planet on to future thousands of rural Americans across This amendment requires the establishment
generations as best we can. the West, requiring six new studies, re- of a reliability standard, within the Federal
Again, the American people, includ- ports, and disclosures every year at the Power Act, relating to extreme weather
ing young people, scientists, faith lead- cost of PacifiCorp. Complying with all events. It directs the Department to create a
ers, grassroots environmental justice of this will not be free. Regular fami- program and publish a report, on ways to im-
advocates, are demanding climate ac- lies will see their power costs go up at prove the resiliency of electrical grids.
tion now to protect their lives and pro- a time when our power grid in Cali- Over the past year my District and others
tect their livelihoods. fornia especially is in big trouble. This across the State of California have experi-
I urge Members, including the Repub- is wrong-headed. enced many of these power shutoffs due to
licans whose bills are included in this Mr. WALDEN. Madam Speaker, I extreme weather events—such as wildfires.
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package, to listen to the public and thank my colleague from California for These shutoffs hurt local businesses, leave
pass this commonsense and science- his remarks. thousands in the dark, and put the medically
based legislation and redouble our ef- Madam Speaker, I yield myself the vulnerable at great risk.
forts to combat the climate crisis. balance of my time. The federal government must step up to en-
Heed the message that Mother Earth I want to go back to the issue under- sure the U.S. electrical grid is more resilient.
is sending us. Lives are at stake. We lying this, which is wildfires and We must provide states and local utilities the
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September 24, 2020 CONGRESSIONAL RECORD — HOUSE H4945
resources they need to reliably provide power Katko Moore Schrier Upton Watkins Wittman
Keating Morelle Scott (VA) Wagner Weber (TX) Womack
to our communities. Kelly (IL) Moulton Scott, David Walberg Webster (FL) Woodall
I urge an Aye vote on this amendment to Kennedy Mucarsel-Powell Serrano Walden Wenstrup Young
help communities like mine and all the others Khanna Murphy (FL) Sewell (AL) Walker Westerman Zeldin
Kildee Nadler Shalala Walorski Williams
affected by severe weather.
Kilmer Napolitano Sherman
The SPEAKER pro tempore. Pursu- Kim Neal Sherrill
NOT VOTING—23
ant to House Resolution 1129, the pre- Kind Neguse Sires Abraham Gaetz Rooney (FL)
vious question is ordered on the Kirkpatrick Norcross Slotkin Brady Graves (GA) Rutherford
Krishnamoorthi O’Halleran Smith (NJ) Burgess Holding Tiffany
amendments en bloc offered by the Kuster (NH) Ocasio-Cortez Byrne Marchant
Smith (WA) Waltz
gentleman from California (Mr. LEVIN). Lamb Omar Soto Cheney Mitchell Wilson (SC)
The question is on the amendments Langevin Pallone Spanberger Crawford Mullin Wright
Larsen (WA) Panetta Dunn Murphy (NC)
en bloc. Larson (CT) Pappas
Speier
Ferguson Riggleman
Yoho
Stanton
The question was taken; and the Lawrence Pascrell Stevens
Speaker pro tempore announced that Lawson (FL) Payne
Suozzi b 1405
Lee (CA) Perlmutter
the ayes appear to have it. Lee (NV) Peters
Swalwell (CA) Mr. JACOBS changed his vote from
Mr. LEVIN of California. Madam Takano
Levin (CA) Peterson
Thompson (CA)
‘‘yea’’ to ‘‘nay.’’
Speaker, on that I demand the yeas Levin (MI) Phillips
Thompson (MS) So the en bloc amendments were
and nays. Lieu, Ted Pingree
Lipinski Pocan Titus agreed to.
The SPEAKER pro tempore. Pursu- Loebsack Porter Tlaib The result of the vote was announced
ant to section 3 of House Resolution Lofgren Pressley Tonko
Torres (CA)
as above recorded.
965, the yeas and nays are ordered. Lowenthal Price (NC)
Lowey Quigley Trahan A motion to reconsider was laid on
Pursuant to clause 8 of rule XX, fur- Luján Raskin Trone the table.
ther proceedings on this question are Luria Rice (NY) Underwood
MEMBERS RECORDED PURSUANT TO HOUSE
postponed. Lynch Richmond Van Drew
RESOLUTION 965, 116TH CONGRESS
Malinowski Rose (NY) Vargas
The Chair understands that amend- Maloney, Rouda Veasey Bishop (GA) (Fudge) Meng (Clark (MA))
ment No. 57 will not be offered. Carolyn B. Roybal-Allard Vela Chu, Judy (Takano) Moore (Beyer)
Maloney, Sean Ruiz Velázquez DeSaulnier (Matsui) Mucarsel-Powell
AMENDMENTS EN BLOC NO. 1 OFFERED BY MS.
Matsui Ruppersberger Visclosky Frankel (Clark (MA)) (Wasserman
STEVENS OF MICHIGAN
McAdams Rush Wasserman
Grijalva (Garcı́a (IL)) Schultz)
The SPEAKER pro tempore. Pursu- McBath Ryan Schultz
McCollum Sánchez Waters Hastings (Wasserman Napolitano (Correa)
ant to clause 8 of rule XX, the unfin- Schultz) Payne (Wasserman
McEachin Sarbanes Watson Coleman
ished business is the question on McGovern Scanlon Welch Hayes (Courtney) Schultz)
amendments en bloc No. 1, printed in McNerney Schakowsky Wexton Huffman (Thompson Pingree (Clark (MA))
part B of House Report 116–528, on Meeks Schiff Wild (CA)) Pocan (Raskin)
which further proceedings were post- Meng Schneider Wilson (FL) Jayapal (Raskin) Porter (Wexton)
Mfume Schrader Yarmuth Kaptur (Dingell) Richmond (Fudge)
poned and on which the yeas and nays
were ordered. Kim (Davids (KS)) Roybal-Allard
NAYS—172 Kirkpatrick (Cárdenas)
The Clerk will redesignate the Aderholt Gianforte McCaul (Gallego) Rush (Underwood)
amendments en bloc. Allen Gohmert McClintock Langevin (Lynch) Serrano (Jeffries)
The Clerk redesignated the amend- Amash Gonzalez (OH) McHenry Lawson (FL) (Evans) Speier (Scanlon)
Amodei Gooden McKinley
ments en bloc. Armstrong Gosar Meuser
Lieu, Ted (Beyer) Tlaib (Dingell)
The SPEAKER pro tempore. The Arrington Granger Miller Lipinski (Cooper) Watson Coleman
question is on the amendments en bloc Babin Graves (LA) Moolenaar Lofgren (Jeffries) (Pallone)
offered by the gentlewoman from Bacon Graves (MO) Mooney (WV) Lowenthal (Beyer) Welch (McGovern)
Baird Green (TN) Newhouse Lowey (Tonko) Wilson (FL) (Adams)
Michigan (Ms. STEVENS). Balderson Griffith Norman
The vote was taken by electronic de- Banks Grothman Nunes AMENDMENT NO. 32 OFFERED BY MS. HAALAND
vice, and there were—yeas 235, nays Barr Guest Olson The SPEAKER pro tempore (Mr.
Bergman Guthrie Palazzo
172, not voting 23, as follows: Biggs Hagedorn Palmer
CUELLAR). Pursuant to clause 8 of rule
[Roll No. 202] Bilirakis Harris Pence XX, the unfinished business is the
YEAS—235
Bishop (NC) Hartzler Perry question on amendment No. 32, printed
Bishop (UT) Hern, Kevin Posey in part B of House Report 116–528, on
Adams Clyburn Fitzpatrick Bost Herrera Beutler Reed
Aguilar Cohen Fletcher Brooks (AL) Hice (GA) Reschenthaler which further proceedings were post-
Allred Connolly Foster Brooks (IN) Higgins (LA) Rice (SC) poned and on which the yeas and nays
Axne Cooper Frankel Buchanan Hill (AR) Roby were ordered.
Barragán Correa Fudge Buck Hollingsworth Rodgers (WA)
Bass Costa Gabbard Bucshon Hudson Roe, David P.
The Clerk will redesignate the
Beatty Courtney Gallego Budd Huizenga Rogers (AL) amendment.
Bera Cox (CA) Garamendi Burchett Hurd (TX) Rogers (KY) The Clerk redesignated the amend-
Beyer Craig Garcı́a (IL) Calvert Jacobs Rose, John W. ment.
Bishop (GA) Crist Garcia (TX) Carter (GA) Johnson (LA) Rouzer
Blumenauer Crow Gibbs Carter (TX) Johnson (OH) Roy The SPEAKER pro tempore. The
Blunt Rochester Cuellar Golden Chabot Johnson (SD) Scalise question is on the amendment offered
Bonamici Cunningham Gomez Cline Jordan Schweikert by the gentlewoman from New Mexico
Boyle, Brendan Davids (KS) Gonzalez (TX) Cloud Joyce (OH) Scott, Austin
F. Davis (CA) Gottheimer Cole Joyce (PA) Sensenbrenner
(Ms. HAALAND).
Brindisi Davis, Danny K. Green, Al (TX) Collins (GA) Keller Shimkus The vote was taken by electronic de-
Brown (MD) Dean Grijalva Comer Kelly (MS) Simpson vice, and there were—yeas 235, nays
Brownley (CA) DeFazio Haaland Conaway Kelly (PA) Smith (MO) 173, not voting 22, as follows:
Bustos DeGette Harder (CA) Cook King (IA) Smith (NE)
Butterfield DeLauro Hastings Crenshaw King (NY) Smucker [Roll No. 203]
Carbajal DelBene Hayes Curtis Kinzinger Spano YEAS—235
Cárdenas Delgado Heck Davidson (OH) Kustoff (TN) Stauber
Carson (IN) Demings Higgins (NY) Davis, Rodney LaHood Stefanik Adams Boyle, Brendan Castor (FL)
Cartwright DeSaulnier Himes DesJarlais LaMalfa Steil Aguilar F. Castro (TX)
Case Deutch Horn, Kendra S. Diaz-Balart Lamborn Steube Allred Brindisi Chu, Judy
Casten (IL) Dingell Horsford Duncan Latta Stewart Axne Brown (MD) Cicilline
Castor (FL) Doggett Houlahan Emmer Lesko Stivers Barragán Brownley (CA) Cisneros
Bass Bustos Clark (MA)
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Castro (TX) Doyle, Michael Hoyer Estes Long Taylor
Chu, Judy F. Huffman Fleischmann Loudermilk Thompson (PA) Beatty Butterfield Clarke (NY)
Cicilline Engel Jackson Lee Flores Lucas Thornberry Bera Carbajal Clay
Cisneros Escobar Jayapal Fortenberry Luetkemeyer Timmons Beyer Cárdenas Cleaver
Clark (MA) Eshoo Jeffries Foxx (NC) Marshall Tipton Bishop (GA) Carson (IN) Clyburn
Clarke (NY) Espaillat Johnson (GA) Fulcher Massie Torres Small Blumenauer Cartwright Cohen
Clay Evans Johnson (TX) Gallagher Mast (NM) Blunt Rochester Case Connolly
Cleaver Finkenauer Kaptur Garcia (CA) McCarthy Turner Bonamici Casten (IL) Cooper
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H4946 CONGRESSIONAL RECORD — HOUSE September 24, 2020
Correa Kelly (IL) Porter King (NY) Palazzo Steil The vote was taken by electronic de-
Costa Kennedy Pressley Kinzinger Palmer Steube
Courtney Khanna Price (NC) Kustoff (TN) Pence Stewart vice, and there were—yeas 273, nays
Cox (CA) Kildee Quigley LaHood Perry Stivers 132, not voting 25, as follows:
Craig Kilmer Raskin LaMalfa Posey Taylor
Crist Kim Rice (NY) Lamborn Reed Thompson (PA) [Roll No. 204]
Crow Kind Richmond Latta Reschenthaler Thornberry
Cuellar Kirkpatrick Rose (NY) Lesko Rice (SC) Timmons
YEAS—273
Cunningham Krishnamoorthi Rouda Long Roby Tipton Adams Garcia (TX) Napolitano
Davids (KS) Kuster (NH) Roybal-Allard Loudermilk Rodgers (WA) Turner Aguilar Gianforte Neal
Davis (CA) Lamb Ruiz Lucas Roe, David P. Allred Golden Neguse
Van Drew
Davis, Danny K. Langevin Ruppersberger Luetkemeyer Rogers (AL) Amodei Gomez Newhouse
Wagner
Dean Larsen (WA) Rush Marshall Rogers (KY) Axne Gonzalez (OH)
Walberg Norcross
DeFazio Larson (CT) Ryan Massie Rose, John W. Barragán Gonzalez (TX)
Walden Nunes
DeGette Lawrence Sánchez Mast Rouzer Bass Gottheimer
Walker O’Halleran
DeLauro Lawson (FL) Sarbanes McCarthy Roy
Walorski Beatty Graves (LA) Ocasio-Cortez
DelBene Lee (CA) Scanlon McCaul Scalise
Watkins Bera Green, Al (TX) Omar
Delgado Lee (NV) Schakowsky McClintock Schweikert
Weber (TX) Beyer Grijalva Pallone
Demings Levin (CA) Schiff McHenry Scott, Austin
Webster (FL) Bishop (GA) Haaland Panetta
DeSaulnier Levin (MI) Schneider McKinley Sensenbrenner
Wenstrup Blumenauer Harder (CA) Pappas
Deutch Lieu, Ted Schrader Meuser Shimkus
Westerman Blunt Rochester Hartzler Pascrell
Dingell Lipinski Schrier Miller Simpson
Williams Bonamici Hastings Payne
Doggett Loebsack Scott (VA) Moolenaar Smith (MO)
Wittman Bost Hayes Perlmutter
Doyle, Michael Lofgren Scott, David Mooney (WV) Smith (NE)
Womack Boyle, Brendan Heck Peters
F. Lowenthal Serrano Newhouse Smucker
Woodall F. Herrera Beutler Peterson
Engel Lowey Sewell (AL) Norman Spano
Young Brindisi Higgins (NY) Phillips
Escobar Luján Shalala Nunes Stauber
Olson Stefanik Zeldin Brooks (IN) Himes Pingree
Eshoo Luria Sherman
Brown (MD) Horn, Kendra S. Pocan
Espaillat Lynch Sherrill
Evans Malinowski Sires
NOT VOTING—22 Brownley (CA) Horsford Porter
Abraham Graves (GA) Rutherford Buchanan Houlahan Pressley
Finkenauer Maloney, Slotkin
Fitzpatrick Carolyn B. Smith (NJ) Burgess Holding Burchett Hoyer Price (NC)
Tiffany
Fletcher Maloney, Sean Smith (WA) Byrne Marchant Bustos Huffman Quigley
Waltz
Foster Matsui Soto Cheney Mitchell Butterfield Hurd (TX) Raskin
Wilson (SC)
Frankel McAdams Spanberger Crawford Mullin Calvert Jackson Lee Reed
Wright
Fudge McBath Speier Dunn Murphy (NC) Carbajal Jacobs Rice (NY)
Yoho Cárdenas Jayapal
Gabbard McCollum Stanton Ferguson Riggleman Richmond
Gallego McEachin Stevens Gaetz Rooney (FL) Carson (IN) Jeffries Rogers (KY)
Garamendi McGovern Suozzi Cartwright Johnson (GA) Rose (NY)
Garcı́a (IL) McNerney Swalwell (CA) b 1453 Case Johnson (LA) Rouda
Garcia (TX) Meeks Takano Casten (IL) Johnson (SD) Roybal-Allard
Mrs. HARTZLER changed her vote Castor (FL) Johnson (TX) Ruiz
Golden Meng Thompson (CA)
Gomez Mfume Thompson (MS) from ‘‘yea’’ to ‘‘nay.’’ Castro (TX) Joyce (OH) Ruppersberger
Gonzalez (TX) Moore Titus So the amendment was agreed to. Chu, Judy Kaptur Rush
Gottheimer Morelle Tlaib The result of the vote was announced Cicilline Katko Ryan
Green, Al (TX) Moulton Tonko Cisneros Keating Sánchez
as above recorded. Clark (MA) Kelly (IL)
Grijalva Mucarsel-Powell Torres (CA) Sarbanes
A motion to reconsider was laid on Clarke (NY) Kennedy Scanlon
Haaland Murphy (FL) Torres Small
Harder (CA) Nadler (NM) the table. Clay Khanna Schakowsky
Hastings Napolitano Trahan MEMBERS RECORDED PURSUANT TO HOUSE Cleaver Kildee Schiff
Hayes Neal Trone Clyburn Kilmer Schneider
RESOLUTION 965, 116TH CONGRESS
Heck Neguse Underwood Cohen Kim Schrader
Higgins (NY) Norcross Upton Bishop (GA) (Fudge) Meng (Clark (MA)) Connolly Kind Schrier
Himes O’Halleran Vargas Chu, Judy (Takano) Moore (Beyer) Cook King (NY) Scott (VA)
Horn, Kendra S. Ocasio-Cortez Veasey DeSaulnier (Matsui) Mucarsel-Powell Cooper Kirkpatrick Scott, David
Horsford Omar Vela Frankel (Clark (MA)) (Wasserman Correa Krishnamoorthi Serrano
Houlahan Pallone Velázquez Costa LaMalfa
Grijalva (Garcı́a (IL)) Schultz) Courtney Lamb
Sewell (AL)
Hoyer Panetta Visclosky Hastings (Wasserman Napolitano (Correa) Shalala
Huffman Pappas Wasserman Cox (CA) Langevin
Schultz) Payne (Wasserman Sherman
Jackson Lee Pascrell Schultz Craig Larsen (WA)
Sherrill
Jayapal Payne Waters Hayes (Courtney) Schultz) Crist Larson (CT)
Simpson
Jeffries Perlmutter Watson Coleman Huffman (Thompson Pingree (Clark (MA)) Crow Lawrence
Sires
Johnson (GA) Peters Welch (CA)) Pocan (Raskin) Cuellar Lawson (FL)
Slotkin
Johnson (TX) Peterson Wexton Jayapal (Raskin) Porter (Wexton) Cunningham Lee (CA)
Smith (NJ)
Kaptur Phillips Wild Davids (KS) Lee (NV)
Kaptur (Dingell) Richmond (Fudge) Davis (CA) Levin (CA)
Smith (WA)
Katko Pingree Wilson (FL) Kim (Davids (KS)) Roybal-Allard Soto
Keating Pocan Yarmuth Davis, Danny K. Levin (MI)
Kirkpatrick (Cárdenas) Davis, Rodney Spanberger
Lieu, Ted
(Gallego) Rush (Underwood) Dean Lipinski Speier
NAYS—173 Stanton
Langevin (Lynch) Serrano (Jeffries) DeFazio Loebsack
Aderholt Cline Graves (LA) DeGette Lofgren Stefanik
Lawson (FL) (Evans) Speier (Scanlon) Steil
Allen Cloud Graves (MO) Lieu, Ted (Beyer) Tlaib (Dingell) DeLauro Lowenthal
Amash Cole Green (TN) DelBene Lowey Stevens
Amodei Collins (GA) Griffith
Lipinski (Cooper) Watson Coleman Delgado Luján Stivers
Armstrong Comer Grothman Lofgren (Jeffries) (Pallone) Demings Luria Suozzi
Arrington Conaway Guest Lowenthal (Beyer) Welch (McGovern) DeSaulnier Lynch Swalwell (CA)
Babin Cook Guthrie Lowey (Tonko) Wilson (FL) (Adams) Deutch Malinowski Takano
Bacon Crenshaw Hagedorn Diaz-Balart Maloney, Thompson (CA)
AMENDMENTS EN BLOC NO. 4 OFFERED BY MR. Thompson (MS)
Baird Curtis Harris Dingell Carolyn B.
Balderson Davidson (OH) Hartzler LEVIN OF CALIFORNIA Doggett Maloney, Sean Thompson (PA)
Banks Davis, Rodney Hern, Kevin The SPEAKER pro tempore. Pursu- Doyle, Michael Matsui Titus
Barr DesJarlais Herrera Beutler F. McAdams Tlaib
ant to clause 8 of rule XX, the unfin- Tonko
Bergman Diaz-Balart Hice (GA) Engel McBath
Biggs Duncan Higgins (LA) ished business is the question on Escobar McCarthy Torres (CA)
Bilirakis Emmer Hill (AR) amendments en bloc No. 4, printed in Eshoo McCaul Torres Small
Bishop (NC) Estes Hollingsworth part B of House Report 116–528, on Espaillat McClintock (NM)
Bishop (UT) Fleischmann Hudson Evans McCollum Trahan
Bost Flores Huizenga
which further proceedings were post- Finkenauer McEachin Trone
Brady Fortenberry Hurd (TX) poned and on which the yeas and nays Fitzpatrick McGovern Underwood
Brooks (AL) Foxx (NC) Jacobs were ordered. Fleischmann McKinley Upton
Brooks (IN) Fulcher Johnson (LA) The Clerk will redesignate the Fletcher McNerney Van Drew
Buchanan Gallagher Johnson (OH) Fortenberry Meeks Vargas
amendments en bloc. Veasey
dlhill on DSK120RN23PROD with HOUSE
Buck Garcia (CA) Johnson (SD) Foster Meng
Bucshon Gianforte Jordan The Clerk redesignated the amend- Frankel Mfume Vela
Budd Gibbs Joyce (OH) ments en bloc. Fudge Moore Velázquez
Burchett Gohmert Joyce (PA) The SPEAKER pro tempore. The Gabbard Morelle Visclosky
Calvert Gonzalez (OH) Keller Gallego Moulton Walden
question is on the amendments en bloc Wasserman
Carter (GA) Gooden Kelly (MS) Garamendi Mucarsel-Powell
Carter (TX) Gosar Kelly (PA) offered by the gentleman from Cali- Garcia (CA) Murphy (FL) Schultz
Chabot Granger King (IA) fornia (Mr. LEVIN). Garcı́a (IL) Nadler Waters
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September 24, 2020 CONGRESSIONAL RECORD — HOUSE H4947
Watson Coleman Wexton Wilson (FL) Tlaib (Dingell) Welch (McGovern) in taxpayer funds authorized in H.R.
Welch Wild Yarmuth Watson Coleman Wilson (FL) (Adams) 4447 will be used to build up foreign
NAYS—132 (Pallone) countries’ intellectual property and
Aderholt Granger Palmer The SPEAKER pro tempore. The pre- technology at the expense of our own.
Allen Graves (MO) Pence vious question is ordered on the bill, as Specifically, in order to receive Fed-
Amash Green (TN) Perry eral grants, loans, or demonstration
Armstrong Griffith Posey
amended.
Arrington Grothman Reschenthaler The question is on the engrossment money through H.R. 4447, organizations
Babin Guest Rice (SC) and third reading of the bill. must certify that the results of that
Bacon Guthrie Roby The bill was ordered to be engrossed funding, whether technology, intellec-
Baird Hagedorn Rodgers (WA)
Balderson Harris Roe, David P.
and read a third time, and was read the tual property, or data, will not become
Banks Hern, Kevin Rogers (AL) third time. the property of a foreign state-owned
Barr Hice (GA) Rose, John W. MOTION TO RECOMMIT enterprise.
Bergman Higgins (LA) Rouzer
Mr. LUCAS. Mr. Speaker, I have a Mr. Speaker, China has made it an
Biggs Hill (AR) Roy
Bilirakis Hollingsworth Scalise motion to recommit at the desk. explicit goal to surpass the United
Bishop (UT) Hudson Schweikert The SPEAKER pro tempore. Is the States as the global frontrunner in
Brady Huizenga Scott, Austin gentleman opposed to the bill? science and technology. The Chinese
Brooks (AL) Johnson (OH) Shimkus Communist Party’s Made in 2025 initia-
Buck Jordan Smith (MO)
Mr. LUCAS. Mr. Speaker, I am op-
Bucshon Joyce (PA) Smith (NE) posed in its current form. tive outlines a clear strategy to get
Budd Keller Smucker The SPEAKER pro tempore. The ahead of us in critical technologies and
Carter (GA) Kelly (MS) Spano Clerk will report the motion to recom- industries of the future.
Carter (TX) Kelly (PA) Stauber Part of the CCP strategy is acquiring
Chabot King (IA) Steube
mit.
Cline Kinzinger Stewart The Clerk read as follows: U.S. technology and intellectual prop-
Cloud Kustoff (TN) Taylor Mr. Lucas moves to recommit the bill H.R. erty, whether through investment, co-
Cole LaHood Thornberry 4447 to the Committee on Energy and Com- ercion, or theft.
Collins (GA) Lamborn Timmons merce with instructions to report the same Let me repeat that: through invest-
Comer Latta Tipton back to the House forthwith, with the fol-
Conaway Lesko Turner
ment, coercion, or, yes, even theft.
lowing amendment: This isn’t a hypothetical situation.
Crenshaw Long Wagner
Curtis Loudermilk Walberg At the end of the bill, insert the following: Already, China has recruited U.S.-fund-
Davidson (OH) Lucas Walker Subtitle G—Prohibition on the Transfer of ed researchers for things like the Thou-
DesJarlais Luetkemeyer Walorski
Duncan Marshall Watkins
Intellectual Property sand Talents program.
Emmer Massie Weber (TX) SEC. 12701. STATE-OWNED ENTERPRISES PROHI- This is much more than a single re-
Estes Mast Webster (FL) BITION. cruitment program or an exchange of
Flores McHenry Wenstrup (a) INNOVATE IN AMERICA.—None of the knowledge. Researchers joining the
Foxx (NC) Meuser Westerman funds authorized or made available by this
Fulcher Miller Williams
Thousand Talents program sign legally
Act, or the amendments made by this Act, binding contracts that require them to
Gallagher Moolenaar Wittman
may be used in awarding a grant, loan, or
Gibbs Mooney (WV) Womack transfer information and property to
Gohmert Norman Woodall demonstration project to an entity that fails
to certify that resulting intellectual prop- China.
Gooden Olson Young
Gosar Palazzo Zeldin erty, technologies, and data, for the purpose We have seen a consistent pattern
authorized, will not be transferred to any where China expresses interest in a
NOT VOTING—25 specific technology and then the U.S.
other entity that—
Abraham Graves (GA) Rutherford (1) is determined to be of risk by the Sec- experiences intellectual property theft
Bishop (NC) Holding Sensenbrenner retary of Energy in consultation with the in that same technology.
Burgess Kuster (NH) Tiffany
Byrne Marchant Under Secretary for Science; the Under Sec- The full scope of the CCP’s influence
Waltz
Cheney Mitchell retary of Energy; the Under Secretary for and presence in the U.S. is not entirely
Wilson (SC)
Crawford Mullin Wright Nuclear Security; and the Department of En- known to the public, but FBI Director
Dunn Murphy (NC) Yoho ergy’s Office of Intelligence and Counter-
Ferguson Riggleman
Christopher Wray has said that the Bu-
intelligence;
Gaetz Rooney (FL) (2) is identified as a nonmarket economy reau is opening a new China-related
country (in accordance with section 771(18) of counterintelligence case about every 10
b 1542 the Tariff Act of 1930 (19 U.S.C. 1677(18))) as hours.
of the date of enactment of this Act; or Simply put, we are spending the
Messrs. GRAVES of Louisiana and (3) was identified by the United States time, the money, and the effort to
MCCARTHY changed their vote from Trade Representative in the most recent re- plant the seeds of new technologies,
‘‘nay’’ to ‘‘yea.’’ port submitted under section 182 of the but China is the one harvesting the
So the en bloc amendments were Trade Act of 1974 (19 U.S.C. 2242) as a priority crop. We cannot afford to spend $135
agreed to. foreign country under subsection (a)(2) of
such section.
billion in taxpayers’ funds on tech-
The result of the vote was announced nologies that China will then steal and
as above recorded. (b) INTERNATIONAL AGREEMENTS.—This sec-
tion shall be applied in a manner consistent use to compete against us. We must
A motion to reconsider was laid on with the obligations of the United States protect our Nation’s research and in-
the table. under international agreements. tellectual property.
MEMBERS RECORDED PURSUANT TO HOUSE Page 9, in the table of contents, after the The Trump administration has taken
RESOLUTION 965, 116TH CONGRESS matter relating to section 12606, insert the good steps towards protecting Amer-
Bishop (GA) (Fudge) Lowenthal (Beyer) following: ican IP from Chinese aggression, but
Chu, Judy (Takano) Lowey (Tonko) we must do more to work together to
Subtitle G—Prohibition on the Transfer of
DeSaulnier (Matsui) Meng (Clark (MA)) protect sensitive American research
Intellectual Property
Frankel (Clark (MA)) Moore (Beyer)
Grijalva (Garcı́a (IL)) Sec. 12701. State-owned enterprises prohibi- while maintaining the spirit of open
Mucarsel-Powell
Hastings (Wasserman tion. science that has fueled, literally, gen-
(Wasserman
Schultz) Mr. LUCAS (during the reading). Mr. erations of discoveries.
Schultz)
Hayes (Courtney) Speaker, I ask unanimous consent to Mr. Speaker, this motion provides
Napolitano (Correa)
Huffman (Thompson Payne (Wasserman
dispense with the reading. commonsense, practical protections for
(CA))
Schultz) The SPEAKER pro tempore. Is there taxpayer-funded research and the in-
Jayapal (Raskin) objection to the request of the gen- calculable innovations it creates. I
Pingree (Clark (MA))
Kaptur (Dingell) tleman from Oklahoma? urge my colleagues to support this mo-
Pocan (Raskin)
Kim (Davids (KS)) There was no objection.
Porter (Wexton) tion and ensure that we are not spend-
dlhill on DSK120RN23PROD with HOUSE
Kirkpatrick The SPEAKER pro tempore. Pursu-
(Gallego) Richmond (Fudge) ing billions of dollars on research that
Langevin (Lynch) Roybal-Allard ant to the rule, the gentleman from China will then use to outcompete us.
Lawson (FL) (Evans) (Cárdenas) Oklahoma is recognized for 5 minutes Mr. Speaker, I yield back the balance
Lieu, Ted (Beyer) Rush (Underwood) in support of his motion. of my time.
Lipinski (Cooper) Serrano (Jeffries) Mr. LUCAS. Mr. Speaker, my motion Ms DeGETTE. Mr. Speaker, I rise in
Lofgren (Jeffries) Speier (Scanlon) will ensure that none of the $135 billion opposition to the motion to recommit.
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H4948 CONGRESSIONAL RECORD — HOUSE September 24, 2020
The SPEAKER pro tempore. The gen- The vote was taken by electronic de- Gomez Luján Ryan
Gonzalez (TX) Luria Sánchez
tlewoman from Colorado is recognized vice, and there were—yeas 193, nays Gottheimer Lynch Sarbanes
for 5 minutes. 214, not voting 23, as follows: Green, Al (TX) Malinowski Scanlon
Ms. DEGETTE. Mr. Speaker, I have [Roll No. 205] Grijalva Maloney, Schakowsky
reviewed the motion to recommit, and Haaland Carolyn B. Schiff
YEAS—193 Harder (CA) Maloney, Sean Schneider
I must say to the gentleman, I cer- Hastings Matsui
Aderholt Granger Olson Schrader
tainly agree with the concept that the Hayes McCollum Schrier
Allen Graves (LA) Palazzo
gentleman from Oklahoma says is in Amodei Graves (MO) Palmer
Heck McEachin Scott (VA)
this motion to recommit, but, trag- Armstrong Green (TN) Higgins (NY) McGovern Scott, David
Pappas
Arrington Griffith Himes McNerney Serrano
ically, a reading of the motion shows Pence
Horsford Meeks
Axne Grothman Perry Sewell (AL)
that that is just not true. Babin Guest Houlahan Meng Shalala
Peterson
The gentleman says that he is trying Bacon Guthrie Posey
Hoyer Mfume Sherman
Huffman Moore
to stop foreign powers from getting Baird Hagedorn Reed Jackson Lee Morelle
Sires
control over our intellectual property, Balderson Harris Reschenthaler Smith (WA)
Banks Hartzler Jayapal Moulton
Rice (SC) Soto
but if you look at this amendment, it Barr Hern, Kevin Jeffries Mucarsel-Powell
Speier
Roby Johnson (GA) Nadler
basically gives ultimate power to the Bergman Herrera Beutler Rodgers (WA) Stanton
Johnson (TX) Napolitano
administration to decide who is at risk Biggs Hice (GA) Roe, David P. Kaptur Neal Stevens
Bilirakis Higgins (LA) Suozzi
and who shall not be or shall be al- Bishop (NC) Hill (AR)
Rogers (AL) Keating Neguse
Rogers (KY) Swalwell (CA)
lowed to be certified. Bishop (UT) Holding Kelly (IL) Norcross
Takano
Rose (NY) Kennedy O’Halleran
Section A(1) here says these tech- Bost Hollingsworth Rose, John W. Thompson (CA)
Khanna Ocasio-Cortez
nologies will not be transferred if it is Brady Horn, Kendra S. Rouzer Kildee Omar Thompson (MS)
Brindisi Hudson
determined to be at risk to the Sec- Brooks (AL) Huizenga
Roy Kilmer Pallone Titus
Scalise Tlaib
retary of Energy in consultation with Brooks (IN) Hurd (TX) Kim Panetta
Tonko
Schweikert Kind Pascrell
others. Buchanan Jacobs
Scott, Austin Kirkpatrick Payne Torres (CA)
At risk for what? At risk to whom? Buck Johnson (LA) Trahan
Sensenbrenner Krishnamoorthi Perlmutter
Bucshon Johnson (OH)
We simply don’t know by reading this. Budd Johnson (SD)
Sherrill Kuster (NH) Peters Trone
And what it could do is it could exempt Simpson Langevin Phillips Underwood
Burchett Jordan Vargas
Slotkin Larsen (WA) Pingree
entities that, for example, have invest- Calvert Joyce (OH)
Smith (MO) Larson (CT) Pocan Veasey
ments by U.S. Government officials or Carter (GA) Joyce (PA)
Smith (NE) Lawrence Porter Vela
Carter (TX) Katko
relatives of U.S. Government officials. Smith (NJ) Lawson (FL) Pressley Velázquez
Chabot Keller
Smucker Lee (CA) Price (NC) Visclosky
We just don’t know. And what it is is Cline Kelly (MS)
Wasserman
Spanberger Lee (NV) Quigley
just a power grab by the administra- Cloud Kelly (PA)
Spano Levin (CA) Raskin Schultz
Cole King (IA)
tion. Collins (GA) King (NY) Stauber Levin (MI) Rice (NY) Waters
We agree with the concept. We Comer Kinzinger Stefanik Lieu, Ted Richmond Watson Coleman
Steil Lipinski Rouda Welch
shouldn’t be allowing intellectual prop- Conaway Kustoff (TN)
Wexton
Cook LaHood Steube Loebsack Roybal-Allard
erty to be transferred to foreign gov- Stewart Lofgren Ruiz Wild
Crenshaw LaMalfa
ernments, but that is not what this Cunningham Lamb Stivers Lowenthal Ruppersberger Wilson (FL)
motion to recommit does. That is why Curtis Lamborn Taylor Lowey Rush Yarmuth
we should all oppose the motion to re- Davidson (OH) Latta Thompson (PA)
Thornberry NOT VOTING—23
commit, and we should, of course, all Davis, Rodney Lesko
DeFazio Long Timmons Abraham Graves (GA) Shimkus
vote ‘‘yes’’ on the Clean Economy Jobs DesJarlais Loudermilk Tipton Burgess Marchant Tiffany
and Innovation Act. Diaz-Balart Lucas Torres Small Byrne Mitchell Waltz
What this bill does is it makes long- Duncan Luetkemeyer (NM) Cheney Mullin Wilson (SC)
Emmer Marshall Turner Crawford Murphy (NC) Wright
overdue reforms to U.S. energy policy, Upton Dunn Riggleman
Estes Massie Yoho
and it authorizes major investments in Finkenauer Mast Van Drew Ferguson Rooney (FL) Young
the transition to a low-carbon future, Fitzpatrick McAdams Wagner Gaetz Rutherford
Fleischmann McBath Walberg
which we so desperately need.
We saw from all of the amendments Flores McCarthy Walden
Walker
b 1648
Fortenberry McCaul
that we passed, Democratic and Repub- Foxx (NC) McClintock Walorski Messrs. CORREA, RICHMOND,
lican amendments that we passed Fulcher McHenry Watkins VARGAS, and VELA changed their
today, how this bill, together, can real- Gallagher McKinley Weber (TX)
Garcia (CA) Meuser Webster (FL) vote from ‘‘yea’’ to ‘‘nay.’’
ly usher in a new era for American in- Gianforte Miller Wenstrup Messrs. TURNER, FORTENBERRY,
novation, serve as a down payment on Gibbs Moolenaar Westerman PAPPAS, and MCHENRY changed their
comprehensive climate action, and can Gohmert Mooney (WV) Williams
Wittman
vote from ‘‘nay’’ to ‘‘yea.’’
Golden Murphy (FL)
also create jobs and stimulate our Gonzalez (OH) Newhouse Womack So the motion to recommit was re-
economy. Gooden Norman Woodall jected.
Mr. Speaker, I urge all of our Mem- Gosar Nunes Zeldin The result of the vote was announced
bers to take a close look at this motion as above recorded.
NAYS—214
to recommit and see what the real MEMBERS RECORDED PURSUANT TO HOUSE
Adams Castor (FL) DeGette
damage it could do will be. Aguilar Castro (TX) DeLauro RESOLUTION 965, 116TH CONGRESS
Vote ‘‘no’’ on the motion to recom- Allred Chu, Judy DelBene Bishop (GA) (Fudge) Lowenthal (Beyer)
mit, and vote ‘‘yes’’ for clean energy Amash Cicilline Delgado Chu, Judy (Takano) Lowey (Tonko)
jobs and innovation. Barragán Cisneros Demings
Bass Clark (MA) DeSaulnier
DeSaulnier (Matsui) Meng (Clark (MA))
Mr. Speaker, I yield back the balance Frankel (Clark (MA)) Moore (Beyer)
Beatty Clarke (NY) Deutch
of my time. Bera Clay Dingell Grijalva (Garcı́a (IL)) Mucarsel-Powell
The SPEAKER pro tempore. Without Beyer Cleaver Doggett Hastings (Wasserman (Wasserman
objection, the previous question is or- Bishop (GA) Clyburn Doyle, Michael Schultz) Schultz)
dered on the motion to recommit. Blumenauer Cohen F. Hayes (Courtney)
Blunt Rochester Connolly Engel Napolitano (Correa)
There was no objection. Huffman (Thompson Payne (Wasserman
Bonamici Cooper Escobar
The SPEAKER pro tempore. The (CA))
Boyle, Brendan Correa Eshoo Schultz)
question is on the motion to recommit. F. Costa Espaillat Jayapal (Raskin)
Pingree (Clark (MA))
The question was taken; and the Brown (MD) Courtney Evans Kaptur (Dingell)
Pocan (Raskin)
Brownley (CA) Cox (CA) Fletcher Kim (Davids (KS))
Speaker pro tempore announced that Porter (Wexton)
dlhill on DSK120RN23PROD with HOUSE
Bustos Craig Foster Kirkpatrick
the noes appeared to have it. Butterfield Crist Frankel (Gallego) Richmond (Fudge)
Mr. LUCAS. Mr. Speaker, on that I Carbajal Crow Fudge Langevin (Lynch) Roybal-Allard
demand the yeas and nays. Cárdenas Cuellar Gabbard (Cárdenas)
Carson (IN) Davids (KS) Gallego
Lawson (FL) (Evans)
The SPEAKER pro tempore. Pursu- Lieu, Ted (Beyer) Rush (Underwood)
Cartwright Davis (CA) Garamendi
ant to section 3 of House Resolution Case Davis, Danny K. Garcı́a (IL) Lipinski (Cooper) Serrano (Jeffries)
965, the yeas and nays are ordered. Casten (IL) Dean Garcia (TX) Lofgren (Jeffries) Speier (Scanlon)
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September 24, 2020 CONGRESSIONAL RECORD — HOUSE H4949
Tlaib (Dingell) Welch (McGovern) Welch Wild Yarmuth MEMBERS RECORDED PURSUANT TO HOUSE
Watson Coleman Wilson (FL) (Adams) Wexton Wilson (FL) Young RESOLUTION 965, 116TH CONGRESS
(Pallone) Bishop (GA) (Fudge) Meng (Clark (MA))
NAYS—185
Chu, Judy (Takano) Moore (Beyer)
The SPEAKER pro tempore (Ms. Aderholt Graves (MO) Nadler DeSaulnier (Matsui) Mucarsel-Powell
DELBENE). The question is on the pas- Allen Green (TN) Newhouse
Frankel (Clark (MA)) (Wasserman
sage of the bill. Amash Griffith Norman
Amodei Grothman Nunes Grijalva (Garcı́a (IL)) Schultz)
The question was taken; and the Armstrong Guest Ocasio-Cortez Hastings (Wasserman Napolitano (Correa)
Speaker pro tempore announced that Arrington Guthrie Olson Schultz) Payne (Wasserman
the ayes appeared to have it. Babin Hagedorn Omar Hayes (Courtney) Schultz)
Baird Harris Palazzo Huffman (Thompson Pingree (Clark (MA))
Mr. WALDEN. Madam Speaker, on Balderson Hartzler Palmer (CA)) Pocan (Raskin)
that I demand the yeas and nays. Banks Hern, Kevin Pence
Barr Herrera Beutler Perry
Jayapal (Raskin) Porter (Wexton)
The SPEAKER pro tempore. Pursu- Bergman Hice (GA) Posey Kaptur (Dingell) Richmond (Fudge)
ant to section 3 of House Resolution Biggs Higgins (LA) Pressley Kim (Davids (KS)) Roybal-Allard
965, the yeas and nays are ordered. Bilirakis Hill (AR) Raskin Kirkpatrick (Cárdenas)
Bishop (NC) Holding Reed (Gallego) Rush (Underwood)
The vote was taken by electronic de- Bishop (UT) Hollingsworth Reschenthaler Langevin (Lynch) Serrano (Jeffries)
vice, and there were—yeas 220, nays Bost Horn, Kendra S. Rice (SC) Lawson (FL) (Evans) Speier (Scanlon)
185, not voting 25, as follows: Brady Hudson Roby
Brooks (AL) Huizenga Rodgers (WA)
Lieu, Ted (Beyer) Tlaib (Dingell)
[Roll No. 206] Brooks (IN) Hurd (TX) Roe, David P. Lipinski (Cooper) Watson Coleman
Buchanan Jacobs Rogers (KY) Lofgren (Jeffries) (Pallone)
YEAS—220 Buck Jayapal Rose, John W. Lowenthal (Beyer) Welch (McGovern)
Adams Frankel Neguse Bucshon Johnson (LA) Rouzer Lowey (Tonko) Wilson (FL) (Adams)
Aguilar Fudge Norcross Budd Johnson (OH) Roy
Allred Gabbard O’Halleran Burchett Johnson (SD) Scalise f
Axne Gallego Pallone Calvert Jordan Schweikert
Carter (GA) Joyce (OH) Scott, Austin
MOMENT OF SILENCE IN REMEM-
Bacon Garamendi Panetta
Barragán Garcia (TX) Pappas Carter (TX) Joyce (PA) Sensenbrenner BRANCE OF THE VICTIMS OF
Bass Golden Pascrell Chabot Keller Simpson WILDFIRES IN THE WESTERN
Beatty Gonzalez (TX) Payne Cline Kelly (MS) Smith (MO) UNITED STATES
Bera Gottheimer Perlmutter Cloud Kelly (PA) Smith (NE)
Beyer Green, Al (TX) Peters Cole Khanna Smucker The SPEAKER pro tempore (Mr.
Bishop (GA) Grijalva Peterson Collins (GA) King (IA) Spano THOMPSON of California). The Chair
Blumenauer Haaland Phillips Comer King (NY) Stauber
Blunt Rochester Harder (CA) Conaway Kinzinger Stefanik would ask all Members to rise for a mo-
Pingree
Bonamici Hastings Pocan Cook Kustoff (TN) Steil ment of silence in remembrance of the
Boyle, Brendan Hayes Porter Crenshaw LaHood Steube victims of wildfires that have recently
F. Heck Curtis LaMalfa Stewart
Price (NC)
Davidson (OH) Lamborn Stivers
afflicted the Western United States.
Brindisi Higgins (NY) Quigley
Brown (MD) Himes Rice (NY) Davis, Rodney Latta Taylor f
Brownley (CA) Horsford Richmond DesJarlais Lesko Thompson (PA)
Bustos Houlahan Rose (NY) Diaz-Balart Levin (MI) Thornberry AUTHORIZING THE CLERK TO
Butterfield Hoyer Rouda Doggett Long Timmons MAKE CORRECTIONS IN EN-
Carbajal Huffman Duncan Loudermilk Tipton
Roybal-Allard
Emmer Lucas Tlaib
GROSSMENT OF H.R. 4447, EX-
Cárdenas Jackson Lee Ruiz
Carson (IN) Jeffries Espaillat Luetkemeyer Turner PANDING ACCESS TO SUSTAIN-
Ruppersberger
Cartwright Johnson (GA) Rush
Estes Maloney, Upton ABLE ENERGY ACT OF 2019
Case Johnson (TX) Fleischmann Carolyn B. Velázquez
Ryan Mr. PALLONE. Mr. Speaker, I ask
Casten (IL) Kaptur Flores Marshall Wagner
Sánchez
Castor (FL) Katko Sarbanes
Foxx (NC) Massie Walberg unanimous consent that in the engross-
Castro (TX) Keating Fulcher Mast Walden ment of H.R. 4447, the Clerk be author-
Scanlon
Chu, Judy Kelly (IL) Gallagher McCarthy Walorski
Cicilline Kennedy
Schakowsky
Garcia (CA) McCaul Watkins ized to correct section numbers, punc-
Schiff tuation, spelling, and cross-references
Cisneros Kildee Garcı́a (IL) McClintock Weber (TX)
Schneider Gianforte
Clark (MA) Kilmer McGovern Webster (FL) and to make such other technical and
Schrader Gibbs McHenry Wenstrup
Clarke (NY) Kim conforming changes as may be nec-
Schrier Gohmert McKinley Westerman
Clay Kind
Scott (VA) Gomez Meng Williams essary to reflect the actions of the
Cleaver Kirkpatrick
Scott, David
Clyburn Krishnamoorthi
Serrano
Gonzalez (OH) Meuser Wittman House.
Cohen Kuster (NH) Gooden Miller Womack The SPEAKER pro tempore (Mr.
Sewell (AL) Gosar Moolenaar Woodall
Connolly Lamb
Cooper Langevin
Shalala Graves (LA) Mooney (WV) Zeldin LEVIN of Michigan). Is there objection
Correa Sherman to the request of the gentleman from
Larsen (WA)
Sherrill
Costa Larson (CT)
Sires
NOT VOTING—25 New Jersey?
Courtney Lawrence There was no objection.
Slotkin Abraham Graves (GA) Shimkus
Cox (CA) Lawson (FL)
Smith (NJ) Burgess Marchant Tiffany
Craig Lee (CA)
Byrne Mitchell
f
Crist Lee (NV) Smith (WA) Walker
Soto Cheney Mullin Waltz PROVIDING FOR USE OF THE CAT-
Crow Levin (CA)
Spanberger Crawford Murphy (NC) Wilson (SC)
Cuellar Lieu, Ted
Speier Dunn Riggleman AFALQUE SITUATED IN THE
Cunningham Lipinski Wright
Stanton Ferguson Rogers (AL) Yoho CRYPT BENEATH THE ROTUNDA
Davids (KS) Loebsack
Stevens Gaetz Rooney (FL) OF THE CAPITOL IN CONNECTION
Davis (CA) Lofgren
Suozzi Granger Rutherford
Davis, Danny K. Lowenthal WITH MEMORIAL SERVICES TO
Dean Lowey Swalwell (CA)
Takano
BE CONDUCTED IN THE SU-
DeFazio Luján
Thompson (CA) b 1728 PREME COURT BUILDING AND
DeGette Luria
DeLauro Lynch Thompson (MS) THE CAPITOL FOR THE LATE
Titus Mr. GROTHMAN changed his vote
DelBene Malinowski HONORABLE RUTH BADER GINS-
Delgado Maloney, Sean Tonko from ‘‘yea’’ to ‘‘nay.’’
Torres (CA) BURG, ASSOCIATE JUSTICE OF
Demings Matsui
DeSaulnier McAdams Torres Small So the bill was passed. THE UNITED STATES SUPREME
Deutch McBath (NM)
The result of the vote was announced COURT
Dingell McCollum Trahan
Doyle, Michael McEachin Trone as above recorded. Ms. DELBENE. Mr. Speaker, I ask
F. McNerney Underwood
A motion to reconsider was laid on unanimous consent to take from the
Engel Meeks Van Drew Speaker’s table the concurrent resolu-
Vargas the table.
dlhill on DSK120RN23PROD with HOUSE
Escobar Mfume
Eshoo Moore Veasey tion (S. Con. Res. 45) providing for the
Vela
Stated against: use of the catafalque situated in the
Evans Morelle
Finkenauer Moulton Visclosky Ms. GRANGER. Madam Speaker, I missed crypt beneath the Rotunda of the Cap-
Fitzpatrick Mucarsel-Powell Wasserman
Schultz
votes due to circumstances beyond my con- itol in connection with memorial serv-
Fletcher Murphy (FL)
Fortenberry Napolitano Waters trol. Had I been present, I would have voted ices to be conducted in the Supreme
Foster Neal Watson Coleman nay on rollcall No. 206. Court Building and the Capitol for the
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