Text of Amendments to H.R. 3076, March 2, 2022 — Congressional Record, Senate
Summary
Page S954 of the Senate section of the Congressional Record for March 2, 2022, headed as text of amendments to H.R. 3076. SA 4959 from Ms. Ernst and SA 4960 from Mr. Grassley are amendments intended to be proposed to the bill and ordered to lie on the table. Amendment text includes a Transatlantic Energy Strategy section stating the sense of Congress that NATO member countries, including the United States, should work together to achieve energy security. Another passage refers to electricity reliability entities such as the Western Electricity Coordinating Council, and a committee is authorized to meet on March 2, 2022, at 2:30 p.m.
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“Text of Amendments to H.R. 3076, March 2, 2022 — Congressional Record, Senate.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-03-02-crec-2022-03-02-pt1-pgs954-5be01bd87f/
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S954 CONGRESSIONAL RECORD — SENATE March 2, 2022
bill H.R. 3076, supra; which was ordered to lie son of the year in the territory served by any States to encourage NATO member coun-
on the table. regional reliability entity, including the tries, including the United States, to work
SA 4959. Ms. ERNST submitted an amend- Western Electricity Coordinating Council, together to achieve energy security for those
ment intended to be proposed by her to the the Midwest Reliability Organization, the countries and countries in Europe and Eur-
bill H.R. 3076, supra; which was ordered to lie Texas Reliability Entity, and the Northeast asia that are partners of NATO.
on the table. Power Coordinating Council; and SEC. ll04. TRANSATLANTIC ENERGY STRATEGY.
SA 4960. Mr. GRASSLEY submitted an (2) the date on which, as determined by the (a) SENSE OF CONGRESS.—It is the sense of
amendment intended to be proposed by him Administrator of the Energy Information Congress that the United States and other
to the bill S. 1216, to extend the temporary Administration, prices for natural gas and NATO member countries should explore
scheduling order for fentanyl-related sub- wholesale electricity do not exceed, for not ways to ensure that NATO member countries
stances; which was ordered to lie on the fewer than 3 successive calendar quarters, diversify their energy supplies and routes in
table. the average of prices for natural gas and order to enhance their energy security, in-
SA 4961. Mr. MERKLEY submitted an wholesale electricity that were in effect for cluding through the development of a trans-
amendment intended to be proposed by him calendar years 2018, 2019, and 2020. atlantic energy strategy.
to the bill H.R. 3076, to provide stability to (c) REQUIREMENT TO TIMELY PROCESS FERC (b) TRANSATLANTIC ENERGY STRATEGY.—
and enhance the services of the United APPLICATIONS.—Unless and until the condi- (1) IN GENERAL.—Not later than 180 days
States Postal Service, and for other pur- tions described in paragraphs (1) and (2) of after the date of the enactment of this Act,
poses; which was ordered to lie on the table. subsection (b) are met, the Federal Energy the Secretary of State, in coordination with
SA 4962. Mr. MERKLEY submitted an Regulatory Commission shall timely process the Administrator of the United States
amendment intended to be proposed by him applications under section 3(e) and section 7 Agency for International Development and
to the bill H.R. 3076, supra; which was or- of the Natural Gas Act (15 U.S.C. 717b(e), the Secretary of Energy, shall submit to the
dered to lie on the table. 717f) pursuant to the Federal Energy Regu- appropriate congressional committees a
SA 4963. Mr. MERKLEY submitted an latory Commission 1999 Policy Statement on transatlantic energy strategy, to be pre-
amendment intended to be proposed by him the Certification of New Interstate Natural sented to NATO—
to the bill H.R. 3076, supra; which was or- Gas Facilities (Docket No. PL99–3–000 (Sep- (A) to enhance the energy security of
dered to lie on the table. tember 15, 1999)). NATO member countries and countries that
SA 4964. Mrs. CAPITO submitted an (d) RIGHT TO SEEK RELIEF.—Any party ag- are partners of NATO; and
amendment intended to be proposed by her grieved by the failure of the Federal Energy (B) to increase exports of energy from the
to the bill H.R. 3076, supra; which was or- Regulatory Commission to process an appli- United States to such countries.
dered to lie on the table. cation described in subsection (c) in a rea- (2) APPROPRIATE CONGRESSIONAL COMMIT-
SA 4965. Mr. CORNYN submitted an sonable time period may seek equitable re- TEES DEFINED.—In this subsection, the term
amendment intended to be proposed by him lief in any Federal court of competent juris- ‘‘appropriate congressional committees’’
to the bill H.R. 3076, supra; which was or- diction. means—
dered to lie on the table. (A) the Committee on Foreign Relations
SA 4966. Mr. TOOMEY submitted an SA 4957. Mr. BARRASSO submitted and the Committee on Energy and Natural
amendment intended to be proposed by him an amendment intended to be proposed Resources of the Senate; and
to the bill H.R. 3076, supra; which was or- by him to the bill H.R. 3076, to provide (B) the Committee on Foreign Affairs and
dered to lie on the table. stability to and enhance the services of the Committee on Energy and Commerce of
SA 4967. Mr. MERKLEY submitted an
amendment intended to be proposed by him
the United States Postal Service, and the House of Representatives.
for other purposes; which was ordered SEC. ll05. EXPEDITED APPROVAL OF EXPOR-
to the bill H.R. 3076, supra; which was or-
to lie on the table; as follows: TATION OF NATURAL GAS TO
dered to lie on the table. UNITED STATES ALLIES.
SA 4968. Mr. SCOTT of Florida submitted At the appropriate place, insert the fol-
(a) IN GENERAL.—Section 3(c) of the Nat-
an amendment intended to be proposed by lowing:
ural Gas Act (15 U.S.C. 717b(c)) is amended—
him to the bill H.R. 3076, supra; which was TITLE ll—ENERGY SECURITY (1) by inserting ‘‘(1)’’ before ‘‘For pur-
ordered to lie on the table. SEC. ll01. SHORT TITLE. poses’’;
SA 4969. Mr. SCOTT of Florida submitted
This title may be cited as the ‘‘Energy Se- (2) by striking ‘‘nation with which there is
an amendment intended to be proposed by
curity Cooperation with Allied Partners in in effect a free trade agreement requiring na-
him to the bill H.R. 3076, supra; which was
Europe Act of 2021’’. tional treatment for trade in natural gas’’
ordered to lie on the table.
SEC. ll02. STATEMENT OF POLICY. and inserting ‘‘foreign country described in
f It is the policy of the United States— paragraph (2)’’; and
TEXT OF AMENDMENTS (1) to reduce the dependency of allies and (3) by adding at the end the following:
partners of the United States on Russian en- ‘‘(2) A foreign country described in this
SA 4956. Mr. BARRASSO (for himself ergy resources, especially natural gas, in paragraph is—
and Mr. RISCH) submitted an amend- order for those countries to achieve lasting ‘‘(A) a nation with which there is in effect
ment intended to be proposed by him and dependable energy security; a free trade agreement requiring national
to the bill H.R. 3076, to provide sta- (2) to condemn the Government of the Rus- treatment for trade in natural gas;
bility to and enhance the services of sian Federation for, and to deter that gov- ‘‘(B) a member country of the North Atlan-
ernment from, using its energy resources as tic Treaty Organization;
the United States Postal Service, and
a geopolitical weapon to coerce, intimidate, ‘‘(C) subject to paragraph (3), Japan; and
for other purposes; which was ordered ‘‘(D) any other foreign country if the Sec-
and influence other countries;
to lie on the table; as follows: (3) to improve energy security in Europe retary of State, in consultation with the
At the appropriate place, insert the fol- by increasing access to diverse, reliable, and Secretary of Defense, determines that expor-
lowing: affordable energy; tation of natural gas to that foreign country
SEC. llll. FERC APPLICATIONS. (4) to promote energy security in Europe would promote the national security inter-
(a) IN GENERAL.—The following policy by working with the European Union and ests of the United States.
statements issued by the Federal Energy other allies of the United States to develop ‘‘(3) The exportation of natural gas to
Regulatory Commission shall have no force liberalized energy markets that provide di- Japan shall be deemed to be consistent with
or effect until the date described in sub- versified energy sources, suppliers, and the public interest pursuant to paragraph (1),
section (b): routes; and applications for such exportation shall
(1) The updated policy statement entitled (5) to continue to strongly oppose the Nord be granted without modification or delay
‘‘Updated Policy Statement on Certification Stream 2 pipeline based on its detrimental under that paragraph, during only such pe-
of New Interstate Natural Gas Facilities’’ effects on the energy security of the Euro- riod as the Treaty of Mutual Cooperation
(Docket No. PL18–1–000 (February 18, 2022)). pean Union and the economy of Ukraine and and Security, signed at Washington January
(2) The interim policy statement entitled other countries in Central Europe through 19, 1960, and entered into force June 23, 1960
‘‘Consideration of Greenhouse Gas Emissions which natural gas is transported; and (11 UST 1632; TIAS 4509), between the United
in Natural Gas Infrastructure Project Re- (6) to support countries that are allies or States and Japan, remains in effect.’’.
views’’ (Docket No. PL21–3–000 (February 18, partners of the United States by expediting (b) EFFECTIVE DATE.—The amendments
2022)). the export of energy resources from the made by this section shall apply with respect
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(b) DATE DESCRIBED.—The date referred to United States. to applications for the authorization to ex-
in subsection (a) is the later of— SEC. ll03. NORTH ATLANTIC TREATY ORGANI- port natural gas under section 3 of the Nat-
(1) the date on which the Electric Reli- ZATION. ural Gas Act (15 U.S.C. 717b) that are pending
ability Organization (as defined in section The President should direct the United on, or filed on or after, the date of the enact-
215(a) of the Federal Power Act (16 U.S.C. States Permanent Representative on the ment of this Act.
824o(a)) certifies that disruption to pipeline Council of the North Atlantic Treaty Organi-
natural gas supplies does not pose material zation (in this title referred to as ‘‘NATO’’) SA 4958. Ms. ERNST submitted an
risk to power system reliability in any sea- to use the voice and influence of the United amendment intended to be proposed by
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March 2, 2022 CONGRESSIONAL RECORD — SENATE S955
her to the bill H.R. 3076, to provide sta- ‘‘(D) In this paragraph, the term ‘applica- SA 4962. Mr. MERKLEY submitted an
bility to and enhance the services of ble enrollee’ means, with respect to an appli- amendment intended to be proposed by
the United States Postal Service, and cable year, an individual who is not subject him to the bill H.R. 3076, to provide
to a reduction in a premium subsidy pursu-
for other purposes; which was ordered stability to and enhance the services of
ant to subsection (i) for months in such
to lie on the table; as follows: year.’’. the United States Postal Service, and
At the end of section 101, add the fol- for other purposes; which was ordered
lowing: SA 4959. Ms. ERNST submitted an to lie on the table; as follows:
(e) STUDYING IMPACT ON MEDICARE PART B amendment intended to be proposed by At the end of title II, add the following:
PREMIUMS AND PREVENTING ANY SIGNIFICANT
INCREASE IN MEDICARE PART B PREMIUMS.—
her to the bill H.R. 3076, to provide sta- SEC. 210. PURCHASE OF NEXT GENERATION DE-
bility to and enhance the services of LIVERY VEHICLES.
(1) STUDY AND REPORTS.—
the United States Postal Service, and In carrying out the Next Generation Deliv-
(A) STUDY.—The Chief Actuary of the Cen-
for other purposes; which was ordered ery Vehicle contract awarded to Oshkosh De-
ters for Medicare & Medicaid Services Office
fense on February 23, 2021, the Postal Service
of the Actuary (referred to in this subsection to lie on the table; as follows: may purchase not more than—
as the ‘‘Chief Actuary’’) shall study the po- At the end of title II, add the following: (1) 200 internal combustion engine vehicles
tential impact of the implementation of the SEC. 210. REPORT ON SAVINGS BY POLITICAL during fiscal year 2022;
provisions of, and amendments made by, this COMMITTEES DUE TO NONPROFIT
(2) 1,000 internal combustion engine vehi-
section (other than this subsection) on MAILING DISCOUNTS.
cles during fiscal year 2023; and
monthly premiums under part B of title (a) IN GENERAL.—Section 3626(e) of title 39,
(3) 1,000 internal combustion engine vehi-
XVIII of the Social Security Act (42 U.S.C. United States Code, is amended by adding at
cles during fiscal year 2024.
1395j et seq.). the end the following:
(B) PRE-IMPLEMENTATION REPORT.—Not ‘‘(3) Not later than 30 days after the last
later than January 1, 2025, the Chief Actuary day of each fiscal year, the Postal Service
SA 4963. Mr. MERKLEY submitted an
shall submit to Congress a report containing shall submit to the Committee on Homeland amendment intended to be proposed by
the results of the study conducted under sub- Security and Governmental Affairs of the him to the bill H.R. 3076, to provide
paragraph (A). Senate and the Committee on Oversight and stability to and enhance the services of
(C) ONGOING REPORTS ON PREMIUM IMPACT.— Reform of the House of Representatives a re- the United States Postal Service, and
Not later than the date on which the Chief port that details the amount that each of the for other purposes; which was ordered
Actuary determines the monthly actuarial following political committees saved during to lie on the table; as follows:
rate for enrollees age 65 and over in each of the fiscal year by paying the discounted
At the appropriate place, insert the fol-
2037 through 2042 for the succeeding calendar rates for qualified nonprofit organizations
lowing:
year according to section 1839(a)(1) of the So- under paragraph (1):
SEC. lll. RURAL POST OFFICES.
cial Security Act (42 U.S.C. 1395r(a)(1)), the ‘‘(A) The Democratic Congressional Cam-
Chief Actuary shall submit to Congress a re- paign Committee. (a) IN GENERAL.—Section 404(d) of title 39,
port on the amount of any projected increase ‘‘(B) The Democratic Senatorial Campaign United States Code, is amended—
in monthly premiums under such part B for Committee. (1) in paragraph (1), by striking ‘‘post of-
such succeeding calendar year as a result of ‘‘(C) The National Republican Congres- fice,’’ and inserting the following: ‘‘post of-
the implementation of the provisions of, and sional Committee. fice and, with respect to a determination to
amendments made by, this section (other ‘‘(D) The National Republican Senatorial close a post office in a rural area, as defined
than this subsection). Committee.’’. by the Census Bureau, including such a post
(2) PREVENTING ANY SIGNIFICANT INCREASE (b) TECHNICAL AND CONFORMING AMEND- office that has been damaged or completely
IN PART B PREMIUMS.—Section 1839(a) of the MENTS.—Section 3626(e)(2)(A) of title 39, destroyed by fire, prior to making the deter-
Social Security Act (42 U.S.C. 1395r(a)) is United States Code, is amended— minations required by paragraph (4),’’;
amended— (1) by striking ‘‘Republican and’’ and in- (2) in paragraph (3), by striking ‘‘sub-
(A) in the second sentence of paragraph (1), serting ‘‘National Republican Senatorial section.’’ and inserting ‘‘subsection and,
by striking ‘‘and (7)’’ and inserting ‘‘(7), and Committee, the’’; with respect to a determination to close a
(8)’’; and (2) by striking ‘‘Committees’’ and inserting post office located in a rural area, as defined
(B) by adding at the end the following: ‘‘Committee’’; and by the Census Bureau, including such a post
‘‘(8)(A) For each applicable year (as defined (3) by striking ‘‘National Congressional’’ office that has been damaged or completely
in subparagraph (C)), the Secretary shall re- and inserting ‘‘Congressional Campaign’’. destroyed by fire, a summary of the deter-
duce the amount of the monthly premium minations required under paragraph (4).’’;
otherwise established under paragraph (3) for SA 4960. Mr. GRASSLEY submitted (3) by redesignating paragraphs (4), (5), and
applicable enrollees by the amount the Sec- an amendment intended to be proposed (6) as paragraph (5), (6), and (7), respectively;
retary determines necessary to ensure that by him to the bill S. 1216, to extend the (4) by inserting after paragraph (3) the fol-
any increase in monthly premiums under lowing:
temporary scheduling order for ‘‘(4) The Postal Service may not make a
this part for such enrollees as a result of the
fentanyl-related substances; which was determination under subsection (a)(3) to
implementation of the provisions of, and
amendments made by, section 101 of the ordered to lie on the table; as follows: close a post office located in a rural area, as
Postal Service Reform Act of 2022 (other In section 2, strike ‘‘by striking ‘May 6, defined by the Census Bureau, including such
than subsection (e) of such section) is less 2021’ and inserting ‘July 6, 2022’ ’’ and insert a post office that has been damaged or com-
than the applicable amount for such year. the following: ‘‘by striking ‘March 11, 2022’ pletely destroyed by fire, unless the Postal
‘‘(B) In this paragraph, the term ‘applica- and inserting ‘May 11, 2023’ ’’. Service—
ble amount’ means, with respect to an appli- ‘‘(A)(i) determines that postal customers
cable year, $15, increased by the percentage SA 4961. Mr. MERKLEY submitted an served by the post office would continue
increase in the consumer price index for all amendment intended to be proposed by after the closing to receive substantially
urban consumers (U.S. city average) for the him to the bill H.R. 3076, to provide similar access to essential items, such as
period beginning with July 2022 and ending stability to and enhance the services of prescription medications and time-sensitive
with July of the year preceding the year in- the United States Postal Service, and communications, that are sent through the
volved. Any amount determined under the mail; or
for other purposes; which was ordered ‘‘(ii) takes action to substantially amelio-
preceding sentence which is not a multiple of
$1 shall be rounded to the nearest multiple of to lie on the table; as follows: rate any projected reduction in access to es-
$1 (or, if it is a multiple of 50 cents but not At the end of title II, add the following: sential items described in clause (i); and
a multiple of $1, to the next higher multiple SEC. 210. REPORT ON ELECTRIC VEHICLES. ‘‘(B) determines that—
of $1). Not later than 45 days after the date of en- ‘‘(i) businesses located in the community
‘‘(C) In this paragraph, the term ‘applica- actment of this Act, the Postal Service shall served by the post office would not suffer
ble year’ means any year (beginning with submit to Congress a report analyzing— substantial financial loss as a result of the
2038 and ending with 2043) with respect to (1) costs to the Postal Service of acquiring closing;
which the projected increase in monthly pre- and operating electric vehicles versus inter- ‘‘(ii) any economic loss to the community
miums under this part for the year (as re- nal combustion vehicles over the next 20 served by the post office as a result of the
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ported under section 101(e)(1)(C) of the Postal years, including assumptions about the price closing does not exceed the cost to the Post-
Service Reform Act of 2022) as a result of the of electricity and gasoline; and al Service of not closing the post office;
implementation of the provisions of, and (2) any barrier to transitioning to a fleet of ‘‘(iii) the area served by the post office has
amendments made by, section 101 of such electric vehicles that exists for the Postal adequate access to wired broadband internet
Act (other than subsection (e) of such sec- Service but does not exist, or does not exist service, as identified on the National
tion) would result in monthly premiums to the same degree, for the competitors of Broadband Map of the National Tele-
under this part increasing by the applicable the Postal Service that are currently pur- communications and Information Adminis-
amount for such year or more. chasing electric vehicles. tration; and
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S956 CONGRESSIONAL RECORD — SENATE March 2, 2022
‘‘(iv) there is a road connecting the com- only by an affirmative vote of three-fifths of (F) any other appropriate Federal agency,
munity to another post office that is not the Members, duly chosen and sworn. An af- as applicable, that may be responsible for
more than 10 miles from the post office pro- firmative vote of three-fifths of the Members navigating the energy project through the
posed to be closed (as measured on roads of the Senate, duly chosen and sworn, shall environmental review and authorization
with year-round access).’’; and be required to sustain an appeal of the ruling process.
(5) in paragraph (7), as so redesignated, by of the Chair on a point of order raised under (6) PROJECT SPONSOR.—The term ‘‘project
striking ‘‘(5)’’ and inserting ‘‘(6)’’. paragraph (1). sponsor’’ means an agency or other entity,
(b) MORATORIUM ON CLOSING RURAL POST (e) PROHIBITION ON USE OF SOCIAL COST OF including any private or public-private enti-
OFFICES.— GREENHOUSE GAS ESTIMATES RAISING GASO- ty, that seeks approval from a lead agency
(1) IN GENERAL.—Notwithstanding section LINE PRICES.— for an energy project.
404(d) of title 39, United States Code, during (1) IN GENERAL.—In promulgating regula- (b) TIMELY AUTHORIZATIONS FOR ENERGY
the 1-year period beginning on the date of tions, issuing guidance, or taking any agen- PROJECTS.—
enactment of this Act, the Postal Service cy action (as defined in section 551 of title 5, (1) IN GENERAL.—
may not close a post office located in a rural United States Code) relating to the social (A) DEADLINE.—Except as provided in sub-
area, as defined by the Census Bureau, in- cost of greenhouse gases, no Federal agency paragraph (C), all authorization decisions
cluding such a post office that has been dam- shall adopt or otherwise use any estimates necessary for the construction of an energy
aged or completely destroyed by fire, except for the social cost of greenhouse gases that project shall be completed by not later than
as required for the immediate protection of may raise gasoline prices, as determined 90 days after the date of the issuance of a
health and safety, or unless there is no sig- through a review by the Energy Information record of decision for the energy project by
nificant community opposition to such clo- Administration. the lead agency.
sure. (2) INCLUSION.—The estimates referred to (B) DETAIL.—The final environmental im-
(2) RULE OF CONSTRUCTION.—Nothing in in paragraph (1) include the interim esti- pact statement for an energy project shall
paragraph (1) shall be construed to limit the mates in the document of the Interagency include an adequate level of detail to inform
authority of the Postal Service to imple- Working Group on the Social Cost of Green- decisions necessary for the role of any Fed-
ment cost-saving measures with respect to house Gases entitled ‘‘Technical Support eral agency involved in the environmental
the post offices described in that paragraph. Document: Social Cost of Carbon, Methane, review and authorization process for the en-
--- and Nitrous Oxide Interim Estimates under ergy project.
SA 4964. Mrs. CAPITO submitted an Executive Order 13990’’ and dated February (C) EXTENSION OF DEADLINE.—The head of a
amendment intended to be proposed by 2021. lead agency may extend the deadline under
her to the bill H.R. 3076, to provide sta- SEC. 402. EXPEDITING PERMITTING AND REVIEW subparagraph (A) if—
PROCESSES. (i) Federal law prohibits the lead agency or
bility to and enhance the services of (a) DEFINITIONS.—In this section: another agency from issuing an approval or
the United States Postal Service, and (1) AUTHORIZATION.—The term ‘‘authoriza- permit within the period described in that
for other purposes; which was ordered tion’’ means any license, permit, approval, subparagraph;
to lie on the table; as follows: finding, determination, or other administra- (ii) the project sponsor requests that the
At the end, add the following: tive decision issued by a Federal department permit or approval follow a different
TITLE IV—REFORMS TO PROMOTE MORE or agency that is required or authorized timeline; or
AFFORDABLE ENERGY under Federal law in order to site, construct, (iii) an extension would facilitate comple-
reconstruct, or commence operations of an tion of the environmental review and author-
SEC. 401. LIMITING NEW RED TAPE AND COSTS
FOR GASOLINE AND OTHER FUELS.
energy project, including any authorization ization process of the energy project.
(a) PROHIBITION OF NEW METHANE REGULA- described in section 41001(3) of the FAST Act (2) ENERGY PROJECT SCHEDULE.—To the
TIONS ON EXISTING OIL AND GAS SOURCES.—
(42 U.S.C. 4370m(3)). maximum extent practicable and consistent
The Administrator of the Environmental (2) ENERGY PROJECT.—The term ‘‘energy with applicable Federal law, for an energy
Protection Agency (referred to in this sec- project’’ means any project involving the ex- project, the lead agency shall develop, in
tion as the ‘‘Administrator’’) shall not final- ploration, development, production, trans- concurrence with the project sponsor, a
ize any regulation relating to methane emis- portation, combustion, transmission, or dis- schedule for the energy project that is con-
sions for existing oil and gas sources under tribution of an energy resource or electricity sistent with a time period of not more than
section 111(d) of the Clean Air Act (42 U.S.C. for which— 2 years for the completion of the environ-
7411(d)). (A) an authorization is required under a mental review and authorization process for
(b) WAIVER OF LOW VOLATILITY GASOLINE Federal law other than the National Envi- an energy project, as measured from, as ap-
REQUIREMENTS.—In accordance with section ronmental Policy Act of 1969 (42 U.S.C. 4321 plicable—
211(c)(4)(C)(ii) of the Clean Air Act (42 U.S.C. et seq.); and (A) the date of publication of a notice of
7545(c)(4)(C)(ii)), the Administrator shall (B)(i) the head of the lead agency has de- intent to prepare an environmental impact
temporarily waive low volatility gasoline re- termined that an environmental impact statement to the record of decision; or
quirements for any gasoline sold in the statement is required; or (B) the date on which the head of the lead
United States on or after the date of enact- (ii) the head of the lead agency has deter- agency determines that an environmental
ment of this Act until the average price of mined that an environmental assessment is assessment is required to a finding of no sig-
gasoline sold in the United States decreases required, and the project sponsor requests nificant impact.
to the average price of gasoline sold on Janu- that the project be treated as an energy (3) LENGTH OF ENVIRONMENTAL IMPACT
ary 1, 2021, as determined using data from project. STATEMENT.—
the Energy Information Administration. (3) ENVIRONMENTAL IMPACT STATEMENT.— (A) IN GENERAL.—Notwithstanding any
(c) PREEMPTION OF STATE LOW-CARBON The term ‘‘environmental impact state- other provision of law and except as provided
FUEL STANDARDS.—Any low-carbon fuel ment’’ means the detailed statement of envi- in subparagraph (B), to the maximum extent
standard implemented by any State, includ- ronmental impacts required to be prepared practicable, the text of the items described
ing any State-based program that regulates under the National Environmental Policy in paragraphs (4) through (6) of section
transportation fuels on carbon intensity for Act of 1969 (42 U.S.C. 4321 et seq.). 1502.10(a) of title 40, Code of Federal Regula-
the purpose of reducing greenhouse gas emis- (4) ENVIRONMENTAL REVIEW AND AUTHORIZA- tions (or successor regulations), of an envi-
sions, is preempted by the Renewable Fuel TION PROCESS.—The term ‘‘environmental re- ronmental impact statement for an energy
Program under section 211(o) of the Clean view and authorization process’’ means— project shall be 200 pages or fewer.
Air Act (42 U.S.C. 7545(o)) for the purpose of (A) the process for preparing for an energy (B) EXEMPTION.—The text referred to in
better aligning the gasoline supply in the project an environmental impact statement, subparagraph (A) of an environmental im-
United States. environmental assessment, categorical ex- pact statement for an energy project may ex-
(d) POINT OF ORDER AGAINST LEGISLATION clusion, or other document prepared under ceed 200 pages if the lead agency establishes
THAT INCREASES GASOLINE OR NATURAL GAS the National Environmental Policy Act of a new page limit for the environmental im-
PRICES BY IMPOSING CHARGE, FEE, OR TAX ON 1969 (42 U.S.C. 4321 et seq.); and pact statement for that energy project.
METHANE EMISSIONS FROM THE OIL AND GAS (B) the completion of any authorization de- (c) DEADLINE FOR FILING ENERGY-RELATED
SECTOR.— cision required for an energy project under CAUSES OF ACTION.—
(1) POINT OF ORDER.—It shall not be in any Federal law other than the National En- (1) DEFINITIONS.—In this subsection:
order in the Senate to consider any bill, vironmental Policy Act of 1969 (42 U.S.C. 4321 (A) AGENCY ACTION.—The term ‘‘agency ac-
joint resolution, motion, amendment, et seq.). tion’’ has the meaning given the term in sec-
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amendment between the Houses, or con- (5) LEAD AGENCY.—The term ‘‘lead agency’’ tion 551 of title 5, United States Code.
ference report that increases the price of means— (B) ENERGY-RELATED CAUSE OF ACTION.—
gasoline or natural gas in the United States (A) the Department of Energy; The term ‘‘energy-related cause of action’’
through the imposition of a charge, fee, or (B) the Department of the Interior; means a cause of action that—
tax on methane emissions from the oil and (C) the Department of Agriculture; (i) is filed on or after the date of enact-
gas sector. (D) the Federal Energy Regulatory Com- ment of this Act; and
(2) WAIVER AND APPEAL.—Paragraph (1) mission; (ii) seeks judicial review of a final agency
may be waived or suspended in the Senate (E) the Nuclear Regulatory Commission; or action to issue a permit, license, or other
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March 2, 2022 CONGRESSIONAL RECORD — SENATE S957
form of agency permission for an energy SA 4966. Mr. TOOMEY submitted an SEC. 202. PROHIBITION ON USE OF APPRO-
project. PRIATED FUNDS TO SUBSIDIZE COM-
amendment intended to be proposed by PETITIVE PRODUCTS.
(2) DEADLINE FOR FILING.— him to the bill H.R. 3076, to provide
(A) IN GENERAL.—Notwithstanding any Section 3633 of title 39, United States Code,
stability to and enhance the services of is amended by adding at the end the fol-
other provision of Federal law, an energy-re-
lated cause of action shall be filed by— the United States Postal Service, and lowing:
for other purposes; which was ordered ‘‘(c) PROHIBITION ON USE OF APPROPRIATED
(i) not later than 60 days after the date of
to lie on the table; as follows: FUNDS TO SUBSIDIZE COMPETITIVE PROD-
publication of the applicable final agency ac-
UCTS.—
tion; or At the appropriate place, insert the fol-
‘‘(1) IN GENERAL.—In addition to the prohi-
(ii) if another Federal law provides for an lowing:
bitions under subsection (a), the Postal Serv-
earlier deadline than the deadline described SEC. lll. RULE OF CONSTRUCTION.
ice may not use amounts that are appro-
in clause (i), the earlier deadline. Nothing in this Act, or an amendment priated for other purposes to subsidize com-
(B) PROHIBITION.—An energy-related cause made by this Act, may be construed to per- petitive products or institutional costs that
of action that is not filed within the applica- mit the United States Postal Service to support competitive products.
ble time period described in subparagraph offer, directly or indirectly, financial serv- ‘‘(2) RULE OF CONSTRUCTION.—Nothing in
(A) shall be barred. ices, including by entering into an agree- paragraph (1) shall be construed to affect the
(d) APPLICATION OF CATEGORICAL EXCLU- ment with a third party to provide financial authorization of appropriations under sec-
SIONS FOR ENERGY PROJECTS.—In carrying services. tion 2401(c) to reimburse the Postal Service
out requirements under the National Envi-
for revenue forgone under sections 3217 and
ronmental Policy Act of 1969 (42 U.S.C. 4321 SA 4967. Mr. MERKLEY submitted an 3403 through 3406.’’.
et seq.) for an energy project, a Federal amendment intended to be proposed by SEC. 203. INTEGRATED DELIVERY NETWORK.
agency may use categorical exclusions des- him to the bill H.R. 3076, to provide
ignated under that Act in the implementing (a) IN GENERAL.—Section 101(b) of title 39,
regulations of any other agency, subject to
stability to and enhance the services of United States Code, is amended by inserting
the conditions that— the United States Postal Service, and before ‘‘The Postal Service’’ the following:
(1) the agency makes a determination, in for other purposes; which was ordered ‘‘The Postal Service may maintain
consultation with the lead agency, that the to lie on the table; as follows: f
categorical exclusion applies to the energy At the end of title II, add the following: AUTHORITY FOR COMMITTEES TO
project; SEC. 210. NEXT GENERATION DELIVERY VEHICLE
(2) the energy project satisfies the condi- CONTRACT.
MEET
tions for a categorical exclusion under the Not later than 30 days after the date of en- Mr. WHITEHOUSE. Mr. President, I
National Environmental Policy Act of 1969 actment of this Act, the Postal Service shall have 7 requests for committees to meet
(42 U.S.C. 4321 et seq.); and make available to Congress an unredacted during today’s session of the Senate.
(3) the use of the categorical exclusion does version of the Next Generation Delivery Ve- They have the approval of the Majority
not otherwise conflict with the imple- hicle contract awarded to Oshkosh Defense and Minority Leaders.
menting regulations of the agency, except on February 23, 2021 (contract award number
any list of the agency that designates cat-
Pursuant to rule XXVI, paragraph
3DVPRT-21-B-0002).
egorical exclusions. 5(a), of the Standing Rules of the Sen-
SEC. 403. PROVIDING REGULATORY CERTAINTY. SA 4968. Mr. SCOTT of Florida sub- ate, the following committees are au-
(a) WATERS OF THE UNITED STATES.—The mitted an amendment intended to be thorized to meet during today’s session
definitions of the term ‘‘waters of the United proposed by him to the bill H.R. 3076, of the Senate:
States’’ and the other terms defined in sec- to provide stability to and enhance the COMMITTEE ON AGRICULTURE, NUTRITION, AND
tion 328.3 of title 33, Code of Federal Regula- FORESTRY
services of the United States Postal
tions (as in effect on January 1, 2021), are en- Service, and for other purposes; which The Committee on Agriculture, Nu-
acted into law. trition, and Forestry is authorized to
was ordered to lie on the table; as fol-
(b) CODIFICATION OF SECTION 401 CERTIFI- meet during the session of the Senate
CATION RULE.—The final rule of the Environ-
lows:
At the end of title II, add the following: on Wednesday, March 2, 2022, at 10 a.m.,
mental Protection Agency entitled ‘‘Clean
Water Act Section 401 Certification Rule’’ (85 SEC. 210. REPAYMENT OF ORIGINAL CARES ACT
to conduct a hearing on nominations.
Fed. Reg. 42210 (July 13, 2020)) is enacted into LOAN REQUIRED. COMMITTEE ON ENVIRONMENT AND PUBLIC
law. Section 6001 of the CARES Act (39 U.S.C. WORKS
(c) CODIFICATION OF NATIONWIDE PERMITS.— 101 note; Public Law 116–136) is amended— The Committee on Environment and
The Nationwide Permits issued, reissued, or (1) in the section heading, by striking Public Works is authorized to meet
modified, as applicable, in the following final ‘‘FUNDING’’ and inserting ‘‘BORROWING AU- during the session of the Senate on
rules of the Corps of Engineers are enacted THORITY’’; and
Wednesday, March 2, 2022, at 10 a.m., to
into law: (2) by striking subsection (c) and inserting
conduct a hearing.
(1) The final rule of the Corps of Engineers the following:
‘‘(c) LOAN REPAYMENT.— COMMITTEE ON THE JUDICIARY
entitled ‘‘Reissuance and Modification of Na-
tionwide Permits’’ (86 Fed. Reg. 2744 (Janu- ‘‘(1) IN GENERAL.—Notwithstanding the The Committee on the Judiciary is
ary 13, 2021)). amendments to this section made by section authorized to meet during the session
(2) The final rule of the Corps of Engineers 801 of division N of the Continuing Appro- of the Senate on Wednesday, March 2,
entitled ‘‘Reissuance and Modification of Na- priations Act, 2021 (Public Law 116–260; 134 2022, at 10 a.m., to conduct a hearing on
tionwide Permits’’ (86 Fed. Reg. 73522 (De- Stat. 2119), the Postal Service shall repay nominations.
cember 27, 2021)). any amounts received from the Secretary of
COMMITTEE ON VETERANS’ AFFAIRS
the Treasury under subsection (b).
‘‘(2) TERMS AND CONDITIONS.—The agree- The Committee on Veterans’ Affairs
SA 4965. Mr. CORNYN submitted an
ment in principle between the Secretary of is authorized to meet during the ses-
amendment intended to be proposed by
the Treasury and the Postal Service that sion of the Senate on Wednesday,
him to the bill H.R. 3076, to provide was approved by the Board of Governors of March 2, 2022, at 2 p.m., to conduct a
stability to and enhance the services of the Postal Service on July 28, 2020, and any joint hearing.
the United States Postal Service, and subsequent agreement entered into between SELECT COMMITTEE ON INTELLIGENCE
for other purposes; which was ordered the Secretary of the Treasury and the Postal
The Select Committee on Intel-
to lie on the table; as follows: Service to implement the agreement in prin-
ciple, shall apply to the repayment of ligence is authorized to meet during
At the appropriate place, insert the fol-
amounts under paragraph (1).’’. the session of the Senate on Wednes-
lowing:
day, March 2, 2022, at 3:30 p.m., to con-
SEC. ll. INELIGIBILITY OF SHIPMENTS FROM
CERTAIN COUNTRIES TO BE EX- SA 4969. Mr. SCOTT of Florida sub- duct a closed briefing.
EMPTED FROM THE ADVANCE ELEC- mitted an amendment intended to be SUBCOMMITTEE ON GOVERNMENT OPERATIONS
TRONIC INFORMATION REQUIRE- proposed by him to the bill H.R. 3076,
SSpencer on DSK126QN23PROD with SENATE
AND BORDER MANAGEMENT
MENT.
to provide stability to and enhance the The Subcommittee on Government
Section 343(a)(3)(K)(vi)(II) of the Trade Act services of the United States Postal Operations and Border Management of
of 2002 (19 U.S.C. 1415(a)(3)(K)(vi)(II)) is
Service, and for other purposes; which the Committee on Homeland Security
amended, in the matter preceding item (aa),
by inserting ‘‘, except for a covered nation was ordered to lie on the table; as fol- and Governmental Affairs is authorized
(as defined in section 4871(d)(2) of title 10, lows: to meet during the session of the Sen-
United States Code),’’ after ‘‘exclude a coun- On page 55, strike lines 15 through 18 and ate on Wednesday, March 2, 2022, at 2:30
try’’. insert the following: p.m., to conduct a hearing.
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