[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4721 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 4721
To prevent certain executive actions and repeal certain executive
documents, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 9, 2026
Mr. Merkley introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To prevent certain executive actions and repeal certain executive
documents, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring Renewable Energy Parity
Act''.
SEC. 2. PREVENTION OF EXECUTIVE ACTIONS AND REPEAL OF EXECUTIVE
DOCUMENTS.
(a) Prevention and Repeal.--
(1) In general.--Effective beginning on the date of
enactment of this Act--
(A) the Secretary of Commerce shall discontinue the
investigation into imports of wind turbines and their
parts and components initiated under section 232 of the
Trade Expansion Act of 1962 (19 U.S.C. 1862), as
described in the notice of the Bureau of Industry and
Security entitled ``Notice of Request for Public
Comments on Section 232 National Security Investigation
of Imports of Wind Turbines and Their Parts and
Components'' (90 Fed. Reg 41380 (August 25, 2025));
(B) notwithstanding any other provision of law, the
Secretary of Health and Human Services shall not take
any action that hinders any wind, solar, or geothermal
development; and
(C) the Executive documents described in paragraph
(2) (referred to in this subsection as the ``Executive
documents'') shall have no force or effect and no
Federal funds may be used to implement, administer,
enforce, or carry out the Executive documents.
(2) Executive documents described.--The Executive documents
referred to in paragraph (1)(C) are the following:
(A) Executive Order 14315 (90 Fed. Reg. 30821;
relating to ending market distorting subsidies for
unreliable, foreign-controlled energy sources).
(B) The Presidential memorandum entitled
``Temporary Withdrawal of All Areas on the Outer
Continental Shelf from Offshore Wind Leasing and Review
of the Federal Government's Leasing and Permitting
Practices for Wind Projects'' issued on January 20,
2025 (90 Fed. Reg. 8363).
(C) Secretarial Order 3417, issued by the Secretary
of the Interior on February 3, 2025 (relating to
addressing the national energy emergency).
(D) Secretarial Order 3418, issued by the Secretary
of the Interior on February 3, 2025 (relating to
unleashing American energy).
(E) Secretarial Order 3437, issued by the Secretary
of the Interior on July 29, 2025 (relating to ending
preferential treatment for unreliable, foreign-
controlled energy sources in Department decision
making).
(F) Secretarial Order 3438, issued by the Secretary
of the Interior on August 1, 2025 (relating to managing
Federal energy resources and protecting the
environment).
(G) The memorandum of the Secretary of the Interior
issued on July 15, 2025, entitled ``Departmental Review
Procedures for Decisions, Actions, Consultations, and
Other Undertakings Related to Wind and Solar Energy
Facilities''.
(H) The memorandum of the Secretary of Agriculture
issued on August 21, 2025, numbered 1078-016 and
entitled ``Efficiency Screening Criteria for Proposals
Concerning Power Generation on National Forest System
Lands''.
(I) Internal Revenue Service Notice 2025-42
(relating to beginning of construction requirements for
purposes of the termination of clean electricity
production credits and clean electricity investment
credits for applicable wind and solar facilities).
(J) The guidance of the Assistant Secretary of the
Army for Civil Works, described in the news release
published on the website of the Corps of Engineers on
September 22, 2025, entitled ``Army Corps of Engineers
begins implementing policy to increase America's energy
generation efficiency''.
(3) Substantially similar documents.--The President or the
head of the applicable Federal department or agency may not
reissue an Executive document in substantially the same form,
and a new order, memorandum, notice, or guidance document that
is substantially the same as an Executive document may not be
issued, unless the order, memorandum, notice, or guidance
document is specifically authorized by an Act of Congress
enacted after the date of enactment of this Act.
(4) Required action by secretary of defense.--Not later
than 30 days after the date of enactment of this Act, the
Secretary of Defense shall approve and sign any mitigation
agreement relating to a wind energy facility, solar energy
facility, transmission line, or distribution line that was
initiated before January 1, 2026.
(b) IPaC Portal.--Notwithstanding any other provision of law, the
Director of the United States Fish and Wildlife Service shall not
prohibit any person requesting a permit for a wind, solar, geothermal,
or storage project from using the Information for Planning and
Consultation Portal (commonly known as the ``IPaC Portal'') of the
United States Fish and Wildlife Service to process the project.
(c) Financial Assistance.--
(1) Definition of continuation application.--In this
subsection, the term ``continuation application'' means an
application to secure continuing distribution of a Federal
financial assistance award that was designated to be
distributed over multiple fiscal years.
(2) Continuation application.--
(A) In general.--Not later than 60 days after the
date on which a continuation application is submitted
by an applicant, the head of the applicable Federal
department or agency shall--
(i) grant or deny that continuation
application; and
(ii) notify the applicant of the
determination made under clause (i).
(B) Continuation application.--A continuation
application submitted under subparagraph (A) shall be
in such form and contain such information as the head
of the applicable Federal department or agency may
require.
(C) Terms and conditions.--A continuation
application granted under subparagraph (A) shall
contain the same terms and conditions as the original
application, as applicable.
(D) Deadline.--A continuation application that is
not responded to by the deadline required under
subparagraph (A) shall be considered granted.
(d) Rescission Limitation.--No amounts may be rescinded from
amounts provided under any appropriation Act (as defined in section 3
of the Congressional Budget and Impoundment Control Act of 1974 (2
U.S.C. 622)) for fiscal years 2026 or 2027, unless the rescission is
made through an appropriation Act.
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