[Congressional Record Volume 162, Number 18 (Monday, February 1, 2016)]
[Senate]
[Pages S427-S450]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3143. Mr. CARPER (for himself and Mr. Inhofe) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of part III of subtitle D of title I, add the 
     following:

     SEC. 131_. REAUTHORIZATION OF DIESEL EMISSIONS REDUCTION 
                   PROGRAM.

       Section 797(a) of the Energy Policy Act of 2005 (42 U.S.C. 
     16137(a)) is amended by striking ``2016'' and inserting 
     ``2021''.
                                 ______
                                 
  SA 3144. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 168, between lines 20 and 21, insert the following:
       (d) Drawdown and Sale of Refined Petroleum Products.--
       (1) Definition of severe energy supply interruption.--
     Section 3(8) of the Energy Policy and Conservation Act (42 
     U.S.C. 6202(8)) is amended by striking ``or (iii)'' and 
     inserting ``(iii) an interruption of the world-wide supply of 
     crude petroleum that is likely to cause a severe increase in 
     the price of domestic petroleum products, or (iv)''.
       (2) Drawdown and sale of petroleum products.--Section 161 
     of the Energy Policy and Conservation Act (42 U.S.C. 6241) is 
     amended by adding at the end the following:
       ``(k) Drawdown and Sale of Refined Petroleum Products.--
       ``(1) In general.--The Secretary may draw down and sell 
     refined petroleum products in accordance with this subsection 
     if the President finds that--
       ``(A) a circumstance exists that constitutes, or is likely 
     to become, a regional severe energy supply interruption of 
     significant scope or duration; and
       ``(B) action taken under this subsection would assist 
     directly and significantly in preventing or reducing the 
     adverse impact of the shortage.
       ``(2) Refined petroleum products.--Refined petroleum 
     products covered by this subsection include all petroleum 
     products other than crude oil held by the Secretary as part 
     of--
       ``(A) the Strategic Petroleum Reserve established by 
     section 154; or
       ``(B) the Northeast Home Heating Oil Reserve established 
     under section 181.
       ``(3) Sales.--Sales of refined petroleum products under 
     this subsection--
       ``(A) shall be made at public sale to the highest qualified 
     bidder; but
       ``(B) do not need not comply with the requirements of 
     subsection (e)(1) or section 183.''.
                                 ______
                                 
  SA 3145. Mr. CARPER (for himself and Mr. Inhofe) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title III, add the following:

                       Subtitle I--Thermal Energy

     SEC. 3801. MODIFYING THE DEFINITION OF RENEWABLE ENERGY TO 
                   INCLUDE THERMAL ENERGY.

       (a) In General.--Section 203 of the Energy Policy Act of 
     2005 (42 U.S.C. 15852) (as amended by section 3001(b)) is 
     amended--
       (1) in subsection (a), by inserting ``a number equivalent 
     to'' before ``the total amount of electric energy'';
       (2) in subsection (b)--
       (A) by redesignating paragraph (2) as paragraph (3);
       (B) by inserting after paragraph (1) the following:
       ``(2) Qualified waste heat resource.--The term `qualified 
     waste heat resource' means--
       ``(A) exhaust heat or flared gas from any industrial 
     process;
       ``(B) waste gas or industrial tail gas that would otherwise 
     be flared, incinerated, or vented;
       ``(C) a pressure drop in any gas for an industrial or 
     commercial process; or
       ``(D) such other forms of waste heat as the Secretary 
     determines appropriate.''; and
       (C) in paragraph (3) (as redesignated by subparagraph 
     (A))--
       (i) by striking ``produced from'' and inserting ``produced 
     or, if resulting from a thermal energy project placed in 
     service after December 31, 2014, thermal energy generated 
     from, or avoided by,''; and
       (ii) by inserting ``qualified waste heat resource,'' after 
     ``municipal solid waste,''; and
       (3) in subsection (c)--
       (A) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively, and indenting 
     appropriately;
       (B) in the matter preceding subparagraph (A) (as so 
     redesignated), by striking ``For purposes'' and inserting the 
     following:
       ``(1) In general.--For purposes''; and

[[Page S428]]

       (C) by adding at the end the following:
       ``(2) Separate calculation.--
       ``(A) In general.--For purposes of determining compliance 
     with the requirements of this section, any energy consumption 
     that is avoided through the use of renewable energy shall be 
     considered to be renewable energy produced.
       ``(B) Denial of double benefit.--Avoided energy consumption 
     that is considered to be renewable energy produced under 
     subparagraph (A) shall not also be counted for purposes of 
     achieving compliance with another Federal energy efficiency 
     goal.''.
       (b) Conforming Amendment.--Section 2410q(a) of title 10, 
     United States Code, is amended by striking ``section 
     203(b)(2) of the Energy Policy Act of 2005 (42 U.S.C. 
     15852(b)(2))'' and inserting ``section 203(b) of the Energy 
     Policy Act of 2005 (42 U.S.C. 15852(b))''.
                                 ______
                                 
  SA 3146. Mr. BARRASSO (for himself and Mr. Schatz) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

                    TITLE __--BUREAU OF RECLAMATION

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Bureau of Reclamation 
     Transparency Act''.

     SEC. __02. FINDINGS.

       Congress finds that--
       (1) the water resources infrastructure of the Bureau of 
     Reclamation provides important benefits related to irrigated 
     agriculture, municipal and industrial water, hydropower, 
     flood control, fish and wildlife, and recreation in the 17 
     Reclamation States;
       (2) as of 2013, the combined replacement value of the 
     infrastructure assets of the Bureau of Reclamation was 
     $94,500,000,000;
       (3) the majority of the water resources infrastructure 
     facilities of the Bureau of Reclamation are at least 60 years 
     old;
       (4) the Bureau of Reclamation has previously undertaken 
     efforts to better manage the assets of the Bureau of 
     Reclamation, including an annual review of asset maintenance 
     activities of the Bureau of Reclamation known as the ``Asset 
     Management Plan''; and
       (5) actionable information on infrastructure conditions at 
     the asset level, including information on maintenance needs 
     at individual assets due to aging infrastructure, is needed 
     for Congress to conduct oversight of Reclamation facilities 
     and meet the needs of the public.

     SEC. __03. DEFINITIONS.

       In this title:
       (1) Asset.--
       (A) In general.--The term ``asset'' means any of the 
     following assets that are used to achieve the mission of the 
     Bureau of Reclamation to manage, develop, and protect water 
     and related resources in an environmentally and economically 
     sound manner in the interest of the people of the United 
     States:
       (i) Capitalized facilities, buildings, structures, project 
     features, power production equipment, recreation facilities, 
     or quarters.
       (ii) Capitalized and noncapitalized heavy equipment and 
     other installed equipment.
       (B) Inclusions.--The term ``asset'' includes assets 
     described in subparagraph (A) that are considered to be 
     mission critical.
       (2) Asset management report.--The term ``Asset Management 
     Report'' means--
       (A) the annual plan prepared by the Bureau of Reclamation 
     known as the ``Asset Management Plan''; and
       (B) any publicly available information relating to the plan 
     described in subparagraph (A) that summarizes the efforts of 
     the Bureau of Reclamation to evaluate and manage 
     infrastructure assets of the Bureau of Reclamation.
       (3) Major repair and rehabilitation need.--The term ``major 
     repair and rehabilitation need'' means major nonrecurring 
     maintenance at a Reclamation facility, including maintenance 
     related to the safety of dams, extraordinary maintenance of 
     dams, deferred major maintenance activities, and all other 
     significant repairs and extraordinary maintenance.
       (4) Reclamation facility.--The term ``Reclamation 
     facility'' means each of the infrastructure assets that are 
     owned by the Bureau of Reclamation at a Reclamation project.
       (5) Reclamation project.--The term ``Reclamation project'' 
     means a project that is owned by the Bureau of Reclamation, 
     including all reserved works and transferred works owned by 
     the Bureau of Reclamation.
       (6) Reserved works.--The term ``reserved works'' means 
     buildings, structures, facilities, or equipment that are 
     owned by the Bureau of Reclamation for which operations and 
     maintenance are performed by employees of the Bureau of 
     Reclamation or through a contract entered into by the Bureau 
     of Reclamation, regardless of the source of funding for the 
     operations and maintenance.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (8) Transferred works.--The term ``transferred works'' 
     means a Reclamation facility at which operations and 
     maintenance of the facility is carried out by a non-Federal 
     entity under the provisions of a formal operations and 
     maintenance transfer contract or other legal agreement with 
     the Bureau of Reclamation.

     SEC. __04. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR RESERVED 
                   WORKS.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     an Asset Management Report that--
       (1) describes the efforts of the Bureau of Reclamation--
       (A) to maintain in a reliable manner all reserved works at 
     Reclamation facilities; and
       (B) to standardize and streamline data reporting and 
     processes across regions and areas for the purpose of 
     maintaining reserved works at Reclamation facilities; and
       (2) expands on the information otherwise provided in an 
     Asset Management Report, in accordance with subsection (b).
       (b) Infrastructure Maintenance Needs Assessment.--
       (1) In general.--The Asset Management Report submitted 
     under subsection (a) shall include--
       (A) a detailed assessment of major repair and 
     rehabilitation needs for all reserved works at all 
     Reclamation projects; and
       (B) to the extent practicable, an itemized list of major 
     repair and rehabilitation needs of individual Reclamation 
     facilities at each Reclamation project.
       (2) Inclusions.--To the extent practicable, the itemized 
     list of major repair and rehabilitation needs under paragraph 
     (1)(B) shall include--
       (A) a budget level cost estimate of the appropriations 
     needed to complete each item; and
       (B) an assignment of a categorical rating for each item, 
     consistent with paragraph (3).
       (3) Rating requirements.--
       (A) In general.--The system for assigning ratings under 
     paragraph (2)(B) shall be--
       (i) consistent with existing uniform categorization systems 
     to inform the annual budget process and agency requirements; 
     and
       (ii) subject to the guidance and instructions issued under 
     subparagraph (B).
       (B) Guidance.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall issue guidance 
     that describes the applicability of the rating system 
     applicable under paragraph (2)(B) to Reclamation facilities.
       (4) Public availability.--Except as provided in paragraph 
     (5), the Secretary shall make publicly available, including 
     on the Internet, the Asset Management Report required under 
     subsection (a).
       (5) Confidentiality.--The Secretary may exclude from the 
     public version of the Asset Management Report made available 
     under paragraph (4) any information that the Secretary 
     identifies as sensitive or classified, but shall make 
     available to the Committee on Energy and Natural Resources of 
     the Senate and the Committee on Natural Resources of the 
     House of Representatives a version of the report containing 
     the sensitive or classified information.
       (c) Updates.--Not later than 2 years after the date on 
     which the Asset Management Report is submitted under 
     subsection (a) and biennially thereafter, the Secretary shall 
     update the Asset Management Report, subject to the 
     requirements of section __05(b)(2).
       (d) Consultation.--To the extent that such consultation 
     would assist the Secretary in preparing the Asset Management 
     Report under subsection (a) and updates to the Asset 
     Management Report under subsection (c), the Secretary shall 
     consult with--
       (1) the Secretary of the Army (acting through the Chief of 
     Engineers); and
       (2) water and power contractors.

     SEC. __05. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR 
                   TRANSFERRED WORKS.

       (a) In General.--The Secretary shall coordinate with the 
     non-Federal entities responsible for the operation and 
     maintenance of transferred works in developing reporting 
     requirements for Asset Management Reports with respect to 
     major repair and rehabilitation needs for transferred works 
     that are similar to the reporting requirements described in 
     section __04(b).
       (b) Guidance.--
       (1) In general.--After considering input from water and 
     power contractors of the Bureau of Reclamation, the Secretary 
     shall develop and implement a rating system for transferred 
     works that incorporates, to the maximum extent practicable, 
     the rating system for major repair and rehabilitation needs 
     for reserved works developed under section __04(b)(3).
       (2) Updates.--The ratings system developed under paragraph 
     (1) shall be included in the updated Asset Management Reports 
     under section __04(c).

     SEC. __06. OFFSET.

       Notwithstanding any other provision of law, in the case of 
     the project authorized by section 1617 of the Reclamation 
     Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 
     390h-12c), the maximum amount of the Federal share of the 
     cost of the project under section 1631(d)(1) of that Act (43 
     U.S.C. 390h-13(d)(1)) otherwise available as of the date of 
     enactment of this Act shall be reduced by $2,000,000.
                                 ______
                                 
  SA 3147. Mr. RISCH submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and

[[Page S429]]

for other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title II, add the following:

     SEC. 23__. RECOGNITION OF STATE OR LOCAL DETERMINATIONS.

       Section 210(m) of the Public Utility Regulatory Policies 
     Act of 1978 (16 U.S.C. 824a-3(m)) is amended--
       (1) by redesignating paragraphs (3), (4), (5), (6), and (7) 
     as paragraphs (4), (5), (6), (7), and (8), respectively;
       (2) by inserting after paragraph (2) the following:
       ``(3) State or local determination.--
       ``(A) In general.--After the date of enactment of the 
     Energy Policy Modernization Act of 2016, no electric utility 
     shall be required to enter into a new contract or legally 
     enforceable obligation to purchase electric energy from a 
     qualifying small power production facility that produces 
     electric energy solely by the use, as a primary energy 
     source, of a resource other than waste and water, under this 
     section if the State regulatory agency (with respect to each 
     electric utility for which the State regulatory authority has 
     ratemaking authority) or the nonregulated electric utility 
     has determined that the electric utility has no need to 
     acquire additional generation resources in order to meet the 
     obligation of the electric utility to serve customers in the 
     public interest.
       ``(B) Reassessment.--Not later than 3 years after the date 
     of a determination under subparagraph (A) and every 3 years 
     thereafter, the State regulatory agency (with respect to each 
     electric utility for which the State regulatory authority has 
     ratemaking authority) or the nonregulated electric utility 
     shall reassess the determination under that subparagraph.'';
       (3) in paragraph (4) (as so redesignated)--
       (A) in the second sentence, by striking ``of this 
     subsection''; and
       (B) by inserting ``or in paragraph (3)'' after ``paragraph 
     (1)'' each place it appears; and
       (4) in paragraph (5) (as so redesignated)--
       (A) in the first sentence, by striking ``paragraph (3)'' 
     and inserting ``paragraph (4)'';
       (B) in the second sentence, by striking ``of this 
     subsection''; and
       (C) by inserting ``or in paragraph (3)'' after ``paragraph 
     (1)'' each place it appears.
                                 ______
                                 
  SA 3148. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. PRESIDENT'S CLIMATE ACTION PLAN.

       The Federal Government shall not take any action pursuant 
     to the President's Climate Action Plan (published in June 
     2013), including implementation of the final rule entitled 
     ``Carbon Pollution Emission Guidelines for Existing 
     Stationary Sources: Electric Utility Generating Units'' (80 
     Fed. Reg. 64662 (October 23, 2015)), that would reduce 
     electric grid reliability, which would--
       (1) unnecessarily endanger the health and welfare of senior 
     citizens in the United States; and
       (2) result in increased electricity prices that 
     disproportionately impact low-income and fixed-income 
     households, minority communities, minority-owned and women-
     owned businesses, manufacturers, and rural communities.
                                 ______
                                 
  SA 3149. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle B of title III, add the following:

     SEC. 31__. REPORT REQUIREMENT FOR FEDERAL ONSHORE OIL AND 
                   GAS.

       (a) In General.--The Secretary of the Interior may not 
     alter royalties for Federal onshore oil and gas development 
     without first--
       (1) submitting a report to Congress--
       (A) demonstrating that the proposed action would not result 
     in a net loss in jobs to the affected communities where the 
     Federal onshore oil and gas development occurs;
       (B) detailing any potential economic impacts the action 
     would have on rural economies; and
       (C) containing an independent analysis of the direct and 
     indirect impact of the action on small businesses impacted by 
     a change in royalty structure; and
       (2) giving the appropriate committees of Congress not fewer 
     than 90 days to review the report submitted under paragraph 
     (1).
       (b) Requirements for Report.--The report submitted under 
     subsection (a) shall include information describing the 
     impact the action will have on--
       (1) net revenue to the Treasury of the United States and to 
     the States, taking into consideration the effect the new 
     royalty will have on the net loss in jobs in affected 
     communities where the Federal onshore oil and gas development 
     occurs;
       (2) rural economies, specifically areas dependent on the 
     Federal onshore oil and gas development; and
       (3) domestic energy production and energy independence.
                                 ______
                                 
  SA 3150. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle B of title III, add the following:

     SEC. 31__. ONLINE AUCTIONS AUTHORIZED.

       Section 36 of the Mineral Leasing Act (30 U.S.C. 192) is 
     amended by adding before the period at the end the following: 
     ``And provided further, that in the event of a protest 
     activity or other unforeseen event causing a disruption to a 
     sale under this section, the Secretary of the Interior, as 
     expeditiously as practicable and in any case during the same 
     quarter as the originally announced sale, shall hold the sale 
     through an Internet-based lease sale in accordance with 
     section 17(b)(1)(C)''.
                                 ______
                                 
  SA 3151. Mr. BURR submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of part I of subtitle A of title III, add the 
     following:

     SEC. 30__. EXTENSION OF DEADLINE FOR HYDROELECTRIC PROJECT.

       (a) In General.--Notwithstanding the time period specified 
     in section 13 of the Federal Power Act (16 U.S.C. 806) that 
     would otherwise apply to the Federal Energy Regulatory 
     Commission project numbered 12642, the Commission may, at the 
     request of the licensee for the project, and after reasonable 
     notice, in accordance with the good faith, due diligence, and 
     public interest requirements of that section and the 
     procedures of the Commission under that section, extend the 
     time period during which the licensee is required to commence 
     the construction of the project for up to 3 consecutive 2-
     year periods from the date of the expiration of the extension 
     originally issued by the Commission.
       (b) Reinstatement of Expired License.--If the period 
     required for commencement of construction of the project 
     described in subsection (a) has expired prior to the date of 
     enactment of this Act--
       (1) the Federal Energy Regulatory Commission shall 
     reinstate the license effective as of the date of the 
     expiration of the license; and
       (2) the first extension authorized under subsection (a) 
     shall take effect on that expiration date.
                                 ______
                                 
  SA 3152. Mr. BOOZMAN submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ____. DEPARTMENT OF ENERGY INSPECTOR GENERAL EXTENDED 
                   VACANCY PREVENTION.

       If the Council of the Inspectors General on Integrity and 
     Efficiency (referred to in this section as the ``Council'') 
     determines that a vacancy exists at the position of Inspector 
     General of the Office of Inspector General at the Department 
     and the President has not nominated an Inspector General to 
     fill that vacancy by the end of the 210-day period beginning 
     on the date the vacancy began, notwithstanding any other 
     provision of law, there shall be transferred from the 
     salaries and expenses account of the White House to the 
     Office of Inspector General account of the Department $20,000 
     for each month during which the Council determines that the 
     President has not nominated an Inspector General to fill that 
     vacancy, to continue on a monthly basis until the President 
     has made the nomination.
                                 ______
                                 
  SA 3153. Mr. VITTER (for himself and Mr. Cassidy) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 44__. GAO INVESTIGATION OF BUREAU OF SAFETY AND 
                   ENVIRONMENTAL ENFORCEMENT ACTIONS RELATING TO 
                   THE SEIZURE OF HELICOPTER FUEL.

       (a) Investigation.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct an investigation of actions taken by 
     employees of the Bureau of Safety and Environmental 
     Enforcement (referred to in this section as the ``Bureau'') 
     regarding the demand for, or seizure of, without permission 
     and with or without offering to provide compensation in 
     exchange for, privately

[[Page S430]]

     owned helicopter fuel from lessees, permit holders, or 
     operators of federally leased offshore facilities, 
     independent contractors, or third-party vendors.
       (2) Purposes.--The purposes of the investigation conducted 
     under paragraph (1) shall be to determine--
       (A)(i) whether the Bureau has the explicit authority under 
     law (including regulations consistent with the statutory 
     authority of the Bureau) to demand or seize, whether for 
     valid inspections or operational convenience, privately owned 
     helicopter fuel from lessees, permit holders, or operators of 
     federally leased offshore facilities, independent 
     contractors, or third-party vendors, even in cases in which 
     the Bureau offers compensation for the fuel demanded or 
     seized; and
       (ii) if the Comptroller General of the United States 
     determines that the Bureau has the authority described in 
     clause (i), whether--
       (I) the Bureau may demand or seize the helicopter fuel at 
     any time and for any purpose; or
       (II) the authority under that clause is subject to 
     conditions or limitations;
       (B) whether an independent helicopter service provider not 
     under agreement with the Bureau or a contracted helicopter 
     service provider of the Bureau qualifies as ``a designated 
     operator or agent of the lessee(s), a pipeline right-of-way 
     holder, or a State lessee granted a right-of-use and 
     easement'' under section 250.105 of title 30, Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     Act);
       (C) whether the Bureau is or has been conducting random, 
     unscheduled inspections at any facility of a lessee or permit 
     holder of the Bureau--
       (i) to allow the Bureau to take helicopter fuel at the 
     facility for the convenience of the Bureau; and
       (ii) to justify the taking of helicopter fuel in connection 
     with an inspection that otherwise would not have occurred; 
     and
       (D) whether employees of the Bureau, by demanding or 
     seizing, or directing participation of third parties in the 
     demand for or seizure of, helicopter fuel, through 
     intimidation, coercion, or other means, directly or 
     indirectly, without the consent of the private owner of the 
     fuel, would be--
       (i) subject to civil liability under section 2680(h) of 
     title 28, United States Code; or
       (ii) subject to civil or criminal liability under any other 
     law.
       (b) Report.--On completion of the investigation under 
     subsection (a), the Comptroller General of the United States 
     shall submit to the Committee on Energy and Natural Resources 
     of the Senate and the Committee on Natural Resources of the 
     House of Representatives a report that describes the results 
     of the investigation under that subsection.
                                 ______
                                 
  SA 3154. Mr. HEINRICH (for himself and Mr. Udall) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle C of title IV, add the following:

     SEC. 42__. RESTORATION OF LABORATORY DIRECTED RESEARCH AND 
                   DEVELOPMENT PROGRAM.

       (a) Findings.--Congress finds that--
       (1) laboratory directed research and development (referred 
     to in this subsection as ``LDRD'') is an investment for the 
     future;
       (2) the purposes of LDRD are--
       (A) to recruit, to develop, and to retain a creative 
     workforce for a laboratory; and
       (B) to produce innovative ideas that are vital to the 
     ability of a laboratory to produce the best scientific work 
     in accordance with the mission of the laboratory;
       (3) LDRD has a long history of support and accomplishment 
     since 1954, when Congress first authorized LDRD in the Atomic 
     Energy Act of 1954 (42 U.S.C. 2011 et seq.);
       (4) formal requirements, external review, and oversight by 
     the Secretary with respect to LDRD projects ensure that LDRD 
     projects--
       (A) are selected competitively; and
       (B) explore innovative and new areas of research that are 
     not covered by existing research programs;
       (5) LDRD is a resource to support cutting-edge exploratory 
     research prior to the identification and development of a 
     research program by the Department or a strategic partner of 
     the Department;
       (6) LDRD projects in the same topic area may be funded at 
     various laboratories to explore potential paths for a program 
     in that topic area;
       (7) LDRD projects provide valuable insights for peer-review 
     strategic assessments conducted by the Department in the 
     program planning process;
       (8) LDRD is an important recruitment and retention tool for 
     the National Laboratories;
       (9) the recruitment and retention tool that LDRD provides 
     is especially crucial for the laboratories operated by the 
     National Nuclear Security Administration, which must attract 
     new staff to the laboratories in order to maintain a highly 
     trained workforce to support the missions of the National 
     Nuclear Security Administration with respect to nuclear 
     weapons and national security; and
       (10) the October 28, 2015, Final Report of the Commission 
     to Review the Effectiveness of the National Energy 
     Laboratories--
       (A) strongly endorsed LDRD programs both now and into the 
     future; and
       (B) supported restoration of the cap on LDRD to 6 percent 
     unburdened or the equivalent of 6 percent unburdened.
       (b) General and Administrative Overhead for Laboratory 
     Directed Research and Development.--The Secretary shall 
     ensure that the laboratory operating contractors for Lawrence 
     Livermore National Laboratory, Los Alamos National 
     Laboratory, and Sandia National Laboratories do not allocate 
     costs of general and administrative overhead to laboratory 
     directed research and development.
                                 ______
                                 
  SA 3155. Mr. HEINRICH submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 320, between lines 2 and 3, insert the following:
       (f) Outreach to Minority-serving Institutions.--In 
     developing the strategy under subsection (a), the Board 
     shall--
       (1) give special consideration to increasing outreach to 
     minority-serving institutions (including historically black 
     colleges and universities, predominantly black institutions, 
     Hispanic serving institutions, and tribal institutions);
       (2) make resources available to minority-serving 
     institutions with the objective of increasing the number of 
     skilled minorities and women trained to go into the energy 
     and manufacturing sectors; and
       (3) encourage industry to improve the opportunities for 
     students of minority-serving institutions to participate in 
     industry internships and cooperative work-study programs.
       On page 320, line 3, strike ``(f)'' and insert ``(g)''.
       On page 324, strike line 9 and insert the following:
       (j) Direct Assistance.--In awarding grants under this 
     section, the Secretary shall provide direct assistance 
     (including technical expertise, wraparound services, career 
     coaching, mentorships, internships, and partnerships) to 
     entities that receive a grant under this section.
       (k) Technical Assistance.--The Secretary shall
       On page 324, line 14, strike ``(k)'' and insert ``(l)''.
       On page 325, line 3, strike ``(l)'' and insert ``(m)''.
                                 ______
                                 
  SA 3156. Ms. BALDWIN (for herself and Ms. Stabenow) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 130, strike line 18 and all that follows 
     through page 131, line 5.
       Beginning on page 419, line 26, strike ``(as amended'' and 
     all that follows through ``1201(d)(3))'' on page 420, line 1.
                                 ______
                                 
  SA 3157. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 329, line 9, insert ``unless the paper has been 
     segregated for the purpose of assured destruction'' after 
     ``electricity''.
                                 ______
                                 
  SA 3158. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 69, between lines 21 and 22, insert the following:
       (d) Weatherization Assistance Program for Low-Income 
     Persons.--Section 415 of the Energy Conservation and 
     Production Act (42 U.S.C. 6865) (as amended by subsection 
     (c)) is amended by adding at the end the following:
       ``(g) Administration.--
       ``(1) In general.--A State shall use up to 8 percent of any 
     grant made by the Secretary under this part to track 
     applicants for and recipients of weatherization assistance 
     under this part to determine the impact of the assistance and 
     eliminate or reduce reliance on the low-income home energy 
     assistance program established under the Low-Income Home 
     Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.), over 
     a period of not more than 3 years.
       ``(2) Use of savings.--Notwithstanding any other provision 
     of law, of any savings obtained by the Secretary of Health 
     and Human Services due to eliminated or reduced reliance on 
     the low-income home energy assistance program established 
     under

[[Page S431]]

     the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 
     8621 et seq.) as a result of the weatherization assistance 
     provided under this part, as determined under paragraph (1)--
       ``(A) 50 percent shall be transferred to the Secretary of 
     Health and Human Services to provide assistance to States 
     under this part, to be reallocated to the States pro rata 
     based on the savings realized by each State under this part; 
     and
       ``(B) 50 percent shall be deposited into the general fund 
     of the Treasury for purposes of reducing the annual Federal 
     budget deficit.
       ``(3) Annual state plans.--A State may submit to the 
     Secretary for approval within 90 days an annual plan for the 
     administration of assistance under this part in the State 
     that includes, at the option of the State--
       ``(A) local income eligibility standards for the assistance 
     that are not based on the formula that are used to allocate 
     assistance under this part; and
       ``(B) the establishment of revolving loan funds for 
     multifamily affordable housing units.
       ``(4) Evaluation.--Of amounts appropriated for headquarters 
     training and technical assistance for the Weatherization 
     Assistance Program each fiscal year, the Secretary shall use 
     not more than 25 percent--
       ``(A) to carry out a 3-year evaluation of the plans 
     submitted under paragraph (3); and
       ``(B) to disseminate to each State weatherization program a 
     report describing the results of the evaluation.
       ``(5) Report to congress.--As soon as practicable, the 
     Secretary shall submit to Congress a report describing the 
     training and technical assistance efforts of the Department 
     to assist States in carrying out paragraph (1).''.
                                 ______
                                 
  SA 3159. Mrs. CAPITO (for herself, Ms. Heitkamp, and Mr. Casey) 
submitted an amendment intended to be proposed to amendment SA 2953 
proposed by Ms. Murkowski to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 322, strike lines 21 through 25 and insert the 
     following:
       (9) work with minority-serving institutions to provide job 
     training to increase the number of skilled minorities and 
     women in the energy sector;
       (10) provide job training for displaced and unemployed 
     workers in the energy sector; or
       (11) establish or support an existing Center of Excellence 
     for energy workforce training based in a community college or 
     an institution of higher education offering 2-year technical 
     programs that offers programs located in shale play areas of 
     the United States.
                                 ______
                                 
  SA 3160. Mr. BOOKER (for himself, Ms. Mikulski, Mr. Menendez, and Mr. 
Sanders) submitted an amendment intended to be proposed to amendment SA 
2953 proposed by Ms. Murkowski to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 263, line 5, strike ``or the Atlantic Ocean 
     Basin''.
                                 ______
                                 
  SA 3161. Mr. BOOKER submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle F of title III, add the following:

     SEC. 35__. FAIRNESS IN COMPETITION FOR SOLICITATIONS FOR 
                   INTERNATIONAL PROJECT ACTIVITIES.

       Section 33 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2053) is amended by adding at the end the following: ``For 
     purposes of this section, with respect to international 
     research projects, the term `private facilities or 
     laboratories' means a facility or laboratory that is located 
     in the United States.''.
                                 ______
                                 
  SA 3162. Mr. UDALL (for himself, Mr. Portman, Mrs. Boxer, Mr. 
Alexander, Mr. Wyden, and Mr. Brown) submitted an amendment intended to 
be proposed to amendment SA 2953 proposed by Ms. Murkowski to the bill 
S. 2012, to provide for the modernization of the energy policy of the 
United States, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. WATERSENSE.

       (a) In General.--Part B of title III of the Energy Policy 
     and Conservation Act is amended by adding after section 324A 
     (42 U.S.C. 6294a) the following:

     ``SEC. 324B. WATERSENSE.

       ``(a) Establishment of WaterSense Program.--
       ``(1) In general.--There is established within the 
     Environmental Protection Agency a voluntary WaterSense 
     program to identify and promote water-efficient products, 
     buildings, landscapes, facilities, processes, and services 
     that, through voluntary labeling of, or other forms of 
     communications regarding, products, buildings, landscapes, 
     facilities, processes, and services while meeting strict 
     performance criteria, sensibly--
       ``(A) reduce water use;
       ``(B) reduce the strain on public and community water 
     systems and wastewater and stormwater infrastructure;
       ``(C) conserve energy used to pump, heat, transport, and 
     treat water; and
       ``(D) preserve water resources for future generations.
       ``(2) Inclusions.--The Administrator of the Environmental 
     Protection Agency (referred to in this section as the 
     `Administrator') shall, consistent with this section, 
     identify water-efficient products, buildings, landscapes, 
     facilities, processes, and services, including categories 
     such as--
       ``(A) irrigation technologies and services;
       ``(B) point-of-use water treatment devices;
       ``(C) plumbing products;
       ``(D) reuse and recycling technologies;
       ``(E) landscaping and gardening products, including 
     moisture control or water enhancing technologies;
       ``(F) xeriscaping and other landscape conversions that 
     reduce water use;
       ``(G) whole house humidifiers; and
       ``(H) water-efficient buildings or facilities.
       ``(b) Duties.--The Administrator, coordinating as 
     appropriate with the Secretary, shall--
       ``(1) establish--
       ``(A) a WaterSense label to be used for items meeting the 
     certification criteria established in accordance with this 
     section; and
       ``(B) the procedure, including the methods and means, and 
     criteria by which an item may be certified to display the 
     WaterSense label;
       ``(2) enhance public awareness regarding the WaterSense 
     label through outreach, education, and other means;
       ``(3) preserve the integrity of the WaterSense label by--
       ``(A) establishing and maintaining feasible performance 
     criteria so that products, buildings, landscapes, facilities, 
     processes, and services labeled with the WaterSense label 
     perform as well or better than less water-efficient 
     counterparts;
       ``(B) overseeing WaterSense certifications made by third 
     parties;
       ``(C) as determined appropriate by the Administrator, using 
     testing protocols, from the appropriate, applicable, and 
     relevant consensus standards, for the purpose of determining 
     standards compliance; and
       ``(D) auditing the use of the WaterSense label in the 
     marketplace and preventing cases of misuse; and
       ``(4) not more often than 6 years after adoption or major 
     revision of any WaterSense specification, review and, if 
     appropriate, revise the specification to achieve additional 
     water savings;
       ``(5) in revising a WaterSense specification--
       ``(A) provide reasonable notice to interested parties and 
     the public of any changes, including effective dates, and an 
     explanation of the changes;
       ``(B) solicit comments from interested parties and the 
     public prior to any changes;
       ``(C) as appropriate, respond to comments submitted by 
     interested parties and the public; and
       ``(D) provide an appropriate transition time prior to the 
     applicable effective date of any changes, taking into account 
     the timing necessary for the manufacture, marketing, 
     training, and distribution of the specific water-efficient 
     product, building, landscape, process, or service category 
     being addressed; and
       ``(6) not later than December 31, 2018, consider for review 
     and revision any WaterSense specification adopted before 
     January 1, 2012.
       ``(c) Transparency.--The Administrator shall, to the 
     maximum extent practicable and not less than annually, 
     regularly estimate and make available to the public the 
     production and relative market shares and savings of water, 
     energy, and capital costs of water, wastewater, and 
     stormwater attributable to the use of WaterSense-labeled 
     products, buildings, landscapes, facilities, processes, and 
     services.
       ``(d) Distinction of Authorities.--In setting or 
     maintaining specifications for Energy Star pursuant to 
     section 324A, and WaterSense under this section, the 
     Secretary and Administrator shall coordinate to prevent 
     duplicative or conflicting requirements among the respective 
     programs.''.
       (b) Conforming Amendment.--The table of contents for the 
     Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is 
     amended by inserting after the item relating to section 324A 
     the following:

``Sec. 324B. WaterSense.''.
                                 ______
                                 
  SA 3163. Mrs. FISCHER (for herself, Mr. Booker, Mr. Daines, and Mr. 
Peters) submitted an amendment intended to be proposed by her to the 
bill S. 2012, to provide for the modernization of the energy policy of 
the United States, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end, add the following:

[[Page S432]]

  


      TITLE VI--SECURING AMERICA'S FUTURE ENERGY: PROTECTING OUR 
          INFRASTRUCTURE OF PIPELINES AND ENHANCING SAFETY ACT

     SEC. 6001. SHORT TITLE; REFERENCES.

       (a) Short Title.--This title may be cited as the ``Securing 
     America's Future Energy: Protecting our Infrastructure of 
     Pipelines and Enhancing Safety Act'' or the ``SAFE PIPES 
     Act''.
       (b) References to Title 49, United States Code.--Except as 
     otherwise expressly provided, wherever in this title an 
     amendment or repeal is expressed in terms of an amendment to, 
     or repeal of, a section or other provision, the reference 
     shall be considered to be made to a section or other 
     provision of title 49, United States Code.

     SEC. 6002. AUTHORIZATION OF APPROPRIATIONS.

       (a) Gas and Hazardous Liquid.--Section 60125(a) is 
     amended--
       (1) in paragraph (1), by striking ``there is authorized to 
     be appropriated to the Department of Transportation for each 
     of fiscal years 2012 through 2015, from fees collected under 
     section 60301, $90,679,000, of which $4,746,000 is for 
     carrying out such section 12 and $ 36,194,000 is for making 
     grants.'' and inserting the following: ``there are authorized 
     to be appropriated to the Department of Transportation from 
     fees collected under section 60301--
       ``(A) $127,060,000 for fiscal year 2016, of which 
     $9,325,000 shall be expended for carrying out such section 12 
     and $42,515,000 shall be expended for making grants;
       ``(B) $129,671,000 for fiscal year 2017, of which 
     $9,418,000 shall be expended for carrying out such section 12 
     and $42,941,000 shall be expended for making grants;
       ``(C) $132,334,000 for fiscal year 2018, of which 
     $9,512,000 shall be expended for carrying out such section 12 
     and $43,371,000 shall be expended for making grants; and
       ``(D) $135,051,000 for fiscal year 2019, of which 
     $9,607,000 shall be expended for carrying out such section 12 
     and $43,805,000 shall be expended for making grants.''; and
       (2) in paragraph (2), by striking ``there is authorized to 
     be appropriated for each of fiscal years 2012 through 2015 
     from the Oil Spill Liability Trust Fund to carry out the 
     provisions of this chapter related to hazardous liquid and 
     section 12 of the Pipeline Safety Improvement Act of 2002 (49 
     U.S.C. 60101 note; Public Law 107-355), $18,573,000, of which 
     $2,174,000 is for carrying out such section 12 and $4,558,000 
     is for making grants.'' and inserting the following: ``there 
     are authorized to be appropriated from the Oil Spill 
     Liability Trust Fund to carry out the provisions of this 
     chapter related to hazardous liquid and section 12 of the 
     Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
     note; Public Law 107-355)--''
       ``(A) $19,890,000 for fiscal year 2016, of which $3,108,000 
     shall be expended for carrying out such section 12 and 
     $8,708,000 shall be expended for making grants;
       ``(B) $20,288,000 for fiscal year 2017, of which $3,139,000 
     shall be expended for carrying out such section 12 and 
     $8,795,000 shall be expended for making grants;
       ``(C) $20,694,000 for fiscal year 2018, of which $3,171,000 
     shall be expended for carrying out such section 12 and 
     $8,883,000 shall be expended for making grants; and
       ``(D) $21,108,000 for fiscal year 2019, of which $3,203,000 
     shall be expended for carrying out such section 12 and 
     $8,972,000 shall be expended for making grants.''.
       (b) Emergency Response Grants.--Section 60125(b)(2) is 
     amended by striking ``2012 through 2015'' and inserting 
     ``2016 through 2019''.
       (c) One-call Notification Programs.--Section 6107 is 
     amended--
       (1) in subsection (a), by striking ``$1,000,000 for each of 
     fiscal years 2012 through 2015'' and inserting ``$1,060,000 
     for each of the fiscal years 2016 through 2019''; and
       (2) in subsection (b), by striking ``2012 through 2015'' 
     and inserting ``2016 through 2019''.
       (d) State Damage Prevention Programs.--Section 60134(i) is 
     amended by striking ``2012 through 2015'' and inserting 
     ``2016 through 2019''.
       (e) Community Pipeline Safety Information Grants.--Section 
     60130(c) is amended by striking ``2012 through 2015'' and 
     inserting ``2016 through 2019''.
       (f) Pipeline Integrity Program.--Section 12(f) of the 
     Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
     note) is amended by striking ``2012 through 2015'' and 
     inserting ``2016 through 2019''.

     SEC. 6003. REGULATORY UPDATES.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this Act, and every 90 days thereafter until a 
     final rule has been issued for each of the requirements 
     described under paragraphs (1), (2), and (3), the Secretary 
     of Transportation shall publish an update on a public website 
     regarding the status of a final rule for--
       (1) regulations required under the Pipeline Safety 
     Regulatory Certainty and Job Creation Act of 2011 (Public Law 
     112-90; 125 Stat. 1904) for which no interim final rule or 
     direct final rule has been issued;
       (2) any regulation relating to pipeline safety required by 
     law, other than a regulation described under paragraph (1), 
     for which for more than 2 years after the date of the 
     enacting statute or statutory deadline no interim final rule 
     or direct final rule has been issued; and
       (3) any other pipeline safety rulemaking categorized as 
     significant.
       (b) Contents.--Each report under subsection (a) shall 
     include--
       (1) a description of the work plan for the outstanding 
     regulation;
       (2) an updated rulemaking timeline for the outstanding 
     regulation;
       (3) current staff allocations;
       (4) any other information collection request with 
     substantial changes;
       (5) current data collection or research relating to the 
     development of the rulemaking;
       (6) current collaborative efforts with safety experts and 
     other stakeholders;
       (7) any resource constraints impacting the rulemaking 
     process for the outstanding regulation; and
       (8) any other details associated with the development of 
     the rulemaking that impact the progress of the rulemaking.

     SEC. 6004. HAZARDOUS MATERIALS IDENTIFICATION NUMBERS.

       The Administrator of the Pipeline and Hazardous Materials 
     Safety Administration shall--
       (1) rescind the implementation of the June 26, 2015 PHMSA 
     interpretative letter (#14-0178); and
       (2) reinstate paragraphs (4) and (5) of section 172.336(c) 
     of title 49, Code of Federal Regulations, without the 
     reference to ``gasohol'', as was originally intended in the 
     March 7, 2013 final rule (PHMSA-2011-0142).

     SEC. 6005. STATUTORY PREFERENCE.

       The Administrator of the Pipeline and Hazardous Materials 
     Safety Administration shall prioritize the use of Office of 
     Pipeline Safety resources for the development of each 
     outstanding statutory requirement, including requirements for 
     rulemakings and information collection requests, for a 
     rulemaking described in a report under section 6003 before 
     beginning any new rulemaking required after the date of the 
     enactment of this Act unless the Secretary of Transportation 
     certifies to Congress that there is a significant need to 
     move forward with a new rulemaking.

     SEC. 6006. NATURAL GAS INTEGRITY MANAGEMENT REVIEW.

       (a) Report.--Not later than 18 months after the publication 
     of a final rule regarding the safety of gas transmission 
     pipelines (76 Fed. Reg. 53086), the Comptroller General of 
     the United States shall submit a report to Congress regarding 
     the natural gas integrity management program.
       (b) Contents.--The report under subsection (a) shall 
     include--
       (1) an analysis of the extent to which the natural gas 
     integrity management program under section 60109(c) of title 
     49, United States Code, has improved the safety of natural 
     gas transmission pipelines;
       (2) an analysis or recommendations, including consideration 
     of technical, operational, and economic feasibility, 
     regarding changes to the program that would prevent 
     inadvertent releases from pipelines and mitigate any adverse 
     consequences of an inadvertent release, including changes to 
     the current definition of high consequence area, or would 
     expand integrity management beyond high consequence areas;
       (3) a review of the cost effectiveness of the legacy class 
     location regulations;
       (4) an analysis of and recommendations regarding what 
     impact pipeline features and conditions, including the age, 
     condition, materials, and construction of a pipeline, should 
     have on risk analysis of a particular pipeline;
       (5) a description of any challenges affecting Federal or 
     State regulators in their oversight of the program and how 
     the challenges are being addressed; and
       (6) a description of any challenges affecting the natural 
     gas industry in complying with the program, and how the 
     challenges are being addressed.
       (c) Definition of High Consequence Area.--In this section 
     and in section 6007, the term ``high consequence area'' means 
     an area described in section 60109(a) of title 49, United 
     States Code.

     SEC. 6007. HAZARDOUS LIQUID INTEGRITY MANAGEMENT REVIEW.

       (a) Safety Study.--Not later than 18 months after the 
     publication of a final rule regarding the safety of hazardous 
     liquid pipelines (80 Fed. Reg. 61610), the Comptroller 
     General of the United States shall submit a report to 
     Congress regarding the hazardous liquid integrity management 
     program.
       (b) Contents.--The report under subsection (a) shall 
     include--
       (1) an analysis of the extent to which liquid pipeline 
     integrity management in high consequence areas for operators 
     of certain hazardous liquid pipeline facilities, as regulated 
     under sections 195.450 and 195.452 of title 49, Code of 
     Federal Regulations, has improved the safety of hazardous 
     liquid pipelines;
       (2) recommendations, including consideration of technical, 
     operational, and economic feasibility, regarding changes to 
     the program that could prevent inadvertent releases from 
     pipelines and mitigate any adverse consequences of an 
     inadvertent release, including changes to the current 
     definition of high consequence area;
       (3) an analysis of how surveying, assessment, mitigation, 
     and monitoring activities, including real-time hazardous 
     liquid pipeline monitoring during significant flood events 
     and information sharing with other Federal agencies, are 
     being used to address risks associated with the dynamic and 
     unique nature of rivers, flood plains, and lakes;
       (4) an analysis of and recommendations regarding what 
     impact pipeline features and

[[Page S433]]

     conditions, including the age, condition, materials, and 
     construction of a pipeline, should have on risk analysis of a 
     particular pipeline and what changes to the definition of 
     high consequence area could be made to improve pipeline 
     safety; and
       (5) a description of any challenges affecting Federal or 
     State regulators in their oversight of the program and how 
     the challenges are being addressed.

     SEC. 6008. TECHNICAL SAFETY STANDARDS COMMITTEES.

       Section 60115(b)(4)(A) is amended by striking ``State 
     commissioners. The Secretary shall consult with the national 
     organization of State commissions before selecting those 2 
     individuals.'' and inserting ``State officials. The Secretary 
     shall consult with national organizations representing State 
     commissioners or governors when making a selection under this 
     subparagraph.''

     SEC. 6009. INSPECTION REPORT INFORMATION.

       (a) In General.--Not later than 30 days after the 
     completion of a pipeline safety inspection, the Administrator 
     of the Pipeline and Hazardous Materials Safety 
     Administration, or the State authority certified under 
     section 60105 of title 49, United States Code, shall--
       (1) conduct a post-inspection briefing with the operator 
     outlining concerns, and to the extent practicable, provide 
     written preliminary findings of the inspection; or
       (2) issue to the operator a final report, notice of 
     amendment of plans or procedures, safety order, or corrective 
     action order, or such other applicable report, notice, or 
     order.
       (b) Report.--
       (1) In general.--The Administrator shall submit an annual 
     report to Congress regarding--
       (A) the actions that the Pipeline and Hazardous Materials 
     Safety Administration has taken to ensure that inspections by 
     State authorities provide effective and timely oversight; and
       (B) statistics relating to the timeliness of the actions 
     described in paragraphs (1) and (2) of subsection (a).
       (2) Cessation of effectiveness.--Paragraph (1) shall cease 
     to be effective on September 30, 2019.

     SEC. 6010. PIPELINE ODORIZATION STUDY.

       Not later than 180 days after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit a report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that assesses--
       (1) the feasibility of odorizing all combustible gas in 
     transportation;
       (2) the impacts of the odorization of all combustible gas 
     in transportation on manufacturers, agriculture, and other 
     end users; and
       (3) the relative benefits and costs associated with 
     odorizing all combustible gas in transportation, including 
     impacts on health and safety, compared to using other methods 
     to mitigate pipeline leaks.

     SEC. 6011. IMPROVING DAMAGE PREVENTION TECHNOLOGY.

       (a) Study.--The Secretary of Transportation, in 
     consultation with stakeholders, shall conduct a study on 
     improving existing damage prevention programs through 
     technological improvements in location, mapping, excavation, 
     and communications practices to prevent accidental excavation 
     damage to a pipe or its coating, including considerations of 
     technical, operational, and economic feasibility and existing 
     damage prevention programs.
       (b) Contents.--The study under subsection (a) shall 
     include--
       (1) an identification of any methods that could improve 
     existing damage prevention programs through location and 
     mapping practices or technologies in an effort to reduce 
     unintended releases caused by excavation;
       (2) an analysis of how increased use of GPS digital mapping 
     technologies, predictive analytic tools, public awareness 
     initiatives including one-call initiatives, the use of mobile 
     devices, and other advanced technologies could supplement 
     existing one-call notification and damage prevention programs 
     to reduce the frequency and severity of incidents caused by 
     excavation damage;
       (3) an identification of any methods that could improve 
     excavation practices or technologies in an effort to reduce 
     pipeline damages;
       (4) an analysis of the feasibility of a national data 
     repository for pipeline excavation accident data that creates 
     standardized data models for storing and sharing pipeline 
     accident information; and
       (5) an identification of opportunities for stakeholder 
     engagement in preventing excavation damage.
       (c) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary of Transportation shall 
     submit a report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives regarding the study under this section, 
     including recommendations, that include the consideration of 
     technical, operational, and economic feasibility, on how to 
     incorporate, into existing damage prevention programs, 
     technological improvements and practices that may help 
     prevent accidental excavation damage.

     SEC. 6012. WORKFORCE OF PIPELINE AND HAZARDOUS MATERIALS 
                   SAFETY ADMINISTRATION.

       (a) Review.--Not later than 1 year after the date of the 
     enactment of this Act, the Administrator of the Pipeline and 
     Hazardous Materials Safety Administration shall submit to 
     Congress a review of Pipeline and Hazardous Materials Safety 
     Administration staff resource management, including 
     geographic allocation plans, hiring challenges, and expected 
     retirement rates and strategies. The review shall include 
     recommendations to address hiring challenges, training needs, 
     and any other identified staff resource challenges.
       (b) Critical Hiring Needs.--
       (1) In general.--Beginning on the date on which the review 
     is submitted under subsection (a), the Administrator may 
     certify to Congress, not less frequently than annually, that 
     a severe shortage of qualified candidates or a critical 
     hiring need exists for a position or group of positions in 
     the Pipeline and Hazardous Material Safety Administration.
       (2) Direct hire authority.--Notwithstanding sections 3309 
     through 3318 of title 5, United States Code, the 
     Administrator, after making a certification under paragraph 
     (1), may hire a candidate for the position or candidates for 
     the group of positions indicated in the certification, as 
     applicable.
       (3) Terminations of effectiveness.--The direct hire 
     authority provided under paragraph (2) shall terminate on 
     September 30, 2019.

     SEC. 6013. RESEARCH AND DEVELOPMENT.

       (a) In General.--In developing a research and development 
     program plan under paragraph (3) of section 12(d) of the 
     Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
     note), the Administrator of the Pipeline and Hazardous 
     Material Safety Administration, in consultation with the 
     Assistant Secretary for Research and Technology, shall--
       (1) detail compliance with the consultation requirement 
     under paragraph (2) of such section;
       (2) provide opportunities for joint research ventures with 
     non-Federal entities, whenever practicable and appropriate, 
     to leverage limited Federal research resources; and
       (3) permit collaborative research and development projects 
     with appropriate non-Federal organizations.
       (b) Collaborative Safety Research Report.--Section 
     60124(a)(6) is amended--
       (1) in subparagraph (A), by striking ``and'' at the end;
       (2) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(C) research activities in collaboration with non-Federal 
     entities, including the intended improvements to safety 
     technology, inspection technology, operator response time, 
     and emergency responder incident response time.''.

     SEC. 6014. INFORMATION SHARING SYSTEM.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall convene a working group to consider the development of 
     a voluntary no-fault information sharing system to encourage 
     collaborative efforts to improve inspection information 
     feedback and information sharing with the purpose of 
     improving natural gas transmission and hazardous liquid 
     pipeline integrity risk analysis.
       (b) Membership.--The working group described in subsection 
     (a) shall include representatives from--
       (1) the Pipeline and Hazardous Materials Safety 
     Administration;
       (2) industry stakeholders, including operators of pipeline 
     facilities, inspection technology vendors, and pipeline 
     inspection organizations;
       (3) safety advocacy groups;
       (4) research institutions;
       (5) State public utility commissions or State officials 
     responsible for pipeline safety oversight;
       (6) State pipeline safety inspectors; and
       (7) labor representatives.
       (c) Considerations.--The working group described in 
     subsection (a) shall consider and provide recommendations, if 
     applicable, to the Secretary on--
       (1) the need for and the identification of a system to 
     ensure that dig verification data is shared with inline 
     inspection operators to the extent consistent with the need 
     to maintain proprietary and security sensitive data in a 
     confidential manner to improve pipeline safety and inspection 
     technology;
       (2) ways to encourage the exchange of pipeline inspection 
     information and the development of advanced pipeline 
     inspection technologies and enhanced risk analysis;
       (3) opportunities to share data, including dig verification 
     data between operators of pipeline facilities and in-line 
     inspector vendors to expand knowledge of the advantages and 
     disadvantages of the different types of in-line inspection 
     technology and methodologies;
       (4) options to create a secure system that protects 
     proprietary data while encouraging the exchange of pipeline 
     inspection information and the development of advanced 
     pipeline inspection technologies and enhanced risk analysis; 
     and
       (5) regulatory, funding, and legal barriers to sharing the 
     information described in paragraphs (1) through (4).
       (d) FACA.--The working group shall not be subject to the 
     Federal Advisory Committee Act (5 U.S.C. App.).
       (e) Publication.--The Secretary shall publish the 
     recommendations provided under

[[Page S434]]

     subsection (c) on a publicly available website.

     SEC. 6015. NATIONWIDE INTEGRATED PIPELINE SAFETY REGULATORY 
                   DATABASE.

       (a) Report.--Not later than 18 months after the date of the 
     enactment of this Act, the Secretary of Transportation shall 
     submit a report to Congress on the feasibility of a national 
     integrated pipeline safety regulatory inspection database to 
     improve communication and collaboration between the Pipeline 
     and Hazardous Materials Safety Administration and State 
     pipeline regulators.
       (b) Contents.--The report under subsection (a) shall 
     include--
       (1) a description of any efforts currently underway to test 
     a secure information-sharing system for the purpose described 
     in subsection (a);
       (2) a description of any progress in establishing common 
     standards for maintaining, collecting, and presenting 
     pipeline safety regulatory inspection data, and a methodology 
     for the sharing of the data;
       (3) a description of any existing inadequacies or gaps in 
     State and Federal inspection, enforcement, geospatial, or 
     other pipeline safety regulatory inspection data;
       (4) a description of the potential safety benefits of a 
     national integrated pipeline database; and
       (5) recommendations for how to implement a secure 
     information-sharing system that protects proprietary and 
     security sensitive information and data for the purpose 
     described in subsection (a).
       (c) Consultation.--In preparing the report under subsection 
     (a), the Secretary shall consult with stakeholders, including 
     each State authority operating under a certification to 
     regulate intrastate pipelines under section 60105 of title 
     49, United States Code.

     SEC. 6016. UNDERGROUND NATURAL GAS STORAGE FACILITIES.

       (a) Defined Term.--Section 60101(a) is amended--
       (1) in paragraph (21)(B), by striking the period at the end 
     and inserting a semicolon;
       (2) in paragraph (24), by striking ``and'' at the end;
       (3) in paragraph (25), by striking the period at the end 
     and inserting a semicolon; and
       (4) by adding at the end the following:
       ``(27) `underground natural gas storage facility' means a 
     gas pipeline facility that stores gas in an underground 
     facility, including--
       ``(A) a depleted hydrocarbon reservoir;
       ``(B) an aquifer reservoir; or
       ``(C) a solution mined salt cavern reservoir.''.
       (b) Standards for Underground Natural Gas Storage 
     Facilities.--Chapter 601 is amended by inserting after 
     section 60103 the following:

     ``Sec. 60103A. Standards for underground natural gas storage 
       facilities

       ``(a) Minimum Uniform Safety Standards.--Not later than 2 
     years after the date of the enactment of the SAFE PIPES Act, 
     the Secretary of Transportation, in consultation with the 
     heads of other relevant Federal agencies, shall issue minimum 
     uniform safety standards, incorporating, to the extent 
     practicable, consensus standards for the operation, 
     environmental protection, and integrity management of 
     underground natural gas storage facilities.
       ``(b) Considerations.--In developing uniform safety 
     standards under subsection (a), the Secretary shall--
       ``(1) consider the economic impacts of the regulations on 
     individual gas customers to the extent practicable;
       ``(2) ensure that the regulations do not have a significant 
     economic impact on end users to the extent practicable; and
       ``(3) consider existing consensus standards.
       ``(c) User Fees.--
       ``(1) In general.--A fee shall be imposed on an entity 
     operating an underground natural gas storage facility to 
     which this section applies. Any such fee imposed shall be 
     collected before the end of the fiscal year to which it 
     applies.
       ``(2) Means of collection.--The Secretary shall prescribe 
     procedures to collect fees under this subsection. The 
     Secretary may use a department, agency, or instrumentality of 
     the United States Government or of a State or local 
     government to collect the fee and may reimburse the 
     department, agency, or instrumentality a reasonable amount 
     for its services.
       ``(3) Use of fees.--
       ``(A) Account.--There is established an underground natural 
     gas storage facility safety account in the Pipeline Safety 
     Fund established under section 60301, in the Treasury of the 
     United States.
       ``(B) Use of fees.--A fee collected under this subsection--
       ``(i) shall be deposited in the underground natural gas 
     storage facility safety account; and
       ``(ii) if the fee is related to an underground natural gas 
     storage facility, may be used only for an activity related to 
     underground natural gas storage safety under this section.
       ``(C) Limitation.--Amounts collected under this subsection 
     shall be made available only to the extent provided in 
     advance in an appropriation law for an activity related to 
     underground natural gas storage safety.
       ``(d) Rules of Construction.--
       ``(1) In general.--Nothing in this section may be construed 
     to affect any Federal regulation relating to gas pipeline 
     facilities that is in effect on the day before the date of 
     enactment of the SAFE PIPES Act.
       ``(2) Limitations.--Nothing in this section may be 
     construed to authorize the Secretary--
       ``(A) to prescribe the location of an underground natural 
     gas storage facility; or
       ``(B) to require the Secretary's permission to construct a 
     facility referred to in subparagraph (A).''.
       (c) Clerical Amendment.--The table of sections for chapter 
     601 is amended by inserting after the item relating to 
     section 60103 the following:

``60103A. Standards for underground natural gas storage facilities.''.

     SEC. 6017. JOINT INSPECTION AND OVERSIGHT.

       To ensure the safety of pipeline transportation, the 
     Secretary of Transportation shall coordinate with States to 
     ensure safety through the following:
       (1) At the request of a State authority, the Secretary 
     shall allow for a certified state authority under section 
     60105 of title 49, United States Code, to participate in the 
     inspection of an interstate pipeline facility.
       (2) Where appropriate, may provide temporary authority for 
     a certified State authority under that section to participate 
     in oversight of interstate pipeline safety transportation to 
     ensure proper safety oversight and prevent an adverse impact 
     on public safety.

     SEC. 6018. RESPONSE PLANS.

       In preparing or reviewing a response plan under part 194 of 
     title 49, Code of Federal Regulations, the Administrator of 
     the Pipeline and Hazardous Materials Safety Administration 
     and an operator shall each address, to the maximum extent 
     practicable, the impact of a worse case discharge of oil, or 
     the substantial threat of such a discharge, into or on any 
     navigable waters or adjoining shorelines that may be covered 
     in whole or in part by ice.

     SEC. 6019. HIGH CONSEQUENCE AREAS.

       The Secretary of Transportation shall revise section 
     195.6(b) of title 49, Code of Federal Regulations to 
     explicitly state that the Great Lakes are a USA ecological 
     resource (as defined in section 195.6(b) of that title) for 
     purposes of determining whether a pipeline is in a high 
     consequence area (as defined in section 195.450 of that 
     title).

     SEC. 6020. SURFACE TRANSPORTATION SECURITY REVIEW.

       Not later than 1 year after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit a report to Congress on the staffing, resource 
     allocation, oversight strategy, and management of the 
     Transportation Security Administration's pipeline security 
     program and other surface transportation programs. The report 
     shall include information on the coordination between the 
     Transportation Security Administration, other Federal 
     stakeholders, and industry.

     SEC. 6021. SMALL SCALE LIQUEFIED NATURAL GAS FACILITIES.

       (a) Defined Term.--Section 60101(a), as amended by section 
     6016, is further amended by inserting after paragraph (25) 
     the following:
       ``(26) `small scale liquefied natural gas facility' means a 
     permanent intrastate liquefied natural gas facility (other 
     than a peak shaving facility) that produces liquefied natural 
     gas for--
       ``(A) use as a fuel in the United States; or
       ``(B) transportation in the United States by a means other 
     than a pipeline facility; and''.
       (b) Siting Standards for Permanent Small Scale Liquefied 
     Natural Gas Facilities.--Section 60103(a) is amended to read 
     as follows:
       ``(a) Location Standards.--
       ``(1) In general.--The Secretary of Transportation shall 
     prescribe minimum safety standards for deciding on the 
     permanent location of a new liquefied natural gas pipeline 
     facility or small scale liquefied natural gas facility.
       ``(2) Liquefied natural gas facilities.--In prescribing a 
     minimum safety standard for deciding on the permanent 
     location of a new liquefied natural gas facility, the 
     Secretary of Transportation shall consider--
       ``(A) the kind and use of the facility;
       ``(B) the existing and projected population and demographic 
     characteristics of the location;
       ``(C) the existing and proposed land uses near the 
     location;
       ``(D) the natural physical aspects of the location;
       ``(E) medical, law enforcement, and fire prevention 
     capabilities near the location that can cope with a risk 
     caused by the facility; and
       ``(F) the need to encourage remote siting.
       ``(3) Small scale liquefied natural gas facilities.--
       ``(A) In general.--Not later than 18 months after the date 
     of the enactment of the SAFE PIPES Act, the Secretary of 
     Transportation shall prescribe minimum safety standards for 
     permanent small scale liquefied natural gas facilities.
       ``(B) Considerations.--In prescribing minimum safety 
     standards under this paragraph, the Secretary shall 
     consider--
       ``(i) the value of establishing risk-based approaches;
       ``(ii) the benefit of incorporating industry standards and 
     best practices;
       ``(iii) the need to encourage the use of best available 
     technology; and
       ``(iv) the factors prescribed in paragraph (2), as 
     appropriate.''.

[[Page S435]]

  


     SEC. 6022. REPORT ON NATURAL GAS LEAK REPORTING.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Administrator of the Pipeline 
     and Hazardous Materials Safety Administration shall submit to 
     Congress a report on the metrics provided to the Pipeline and 
     Hazardous Materials Safety Administration and other Federal 
     and State agencies related to lost and unaccounted for 
     natural gas from distribution pipelines and systems.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) An examination of different reporting requirements or 
     standards for lost and unaccounted for natural gas to 
     different agencies, the reasons for any such discrepancies, 
     and recommendations for harmonizing and improving the 
     accuracy of reporting.
       (2) An analysis of whether separate or alternative 
     reporting could better measure the amounts and identify the 
     location of lost and unaccounted for natural gas from natural 
     gas distribution systems.
       (3) A description of potential safety issues associated 
     with natural gas that is lost and unaccounted for from 
     natural gas distribution systems.
       (4) An assessment of whether alternate reporting and 
     measures will resolve any safety issues identified under 
     paragraph (3), including an analysis of the potential impact, 
     including potential savings, on rate payers and end users of 
     natural gas products of such reporting and measures.
       (c) Consideration of Recommendations.--If the Administrator 
     determines that alternate reporting structures or 
     recommendations included in the report required under 
     subsection (a) would significantly improve the reporting and 
     measurement of lost and unaccounted for gas or safety of 
     systems, the Administrator shall, not later than 180 days 
     after making such determination, issue regulations, as the 
     Administrator determines appropriate, to implement the 
     recommendations.

     SEC. 6023. COMPTROLLER GENERAL REVIEW OF STATE POLICIES 
                   RELATING TO NATURAL GAS LEAKS.

       (a) Review.--The Comptroller General of the United States 
     shall conduct a State-by-State review of State-level policies 
     that--
       (1) encourage the repair and replacement of leaking natural 
     gas distribution pipelines or systems that pose a safety 
     threat, such as timelines to repair leaks and limits on cost 
     recovery from ratepayers; and
       (2) that may create barriers for entities to conduct work 
     to repair and replace leaking natural gas pipelines or 
     distribution systems.
       (b) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to Congress and the Pipeline and Hazardous Materials Safety 
     Administration a report summarizing the findings of the 
     review conducted under subsection (a) and making 
     recommendations on Federal or State policies or best 
     practices that may improve safety by accelerating the repair 
     and replacement of natural gas pipelines or systems that are 
     leaking or releasing natural gas, including policies within 
     the jurisdiction of the Pipeline and Hazardous Materials 
     Safety Administration. The report shall consider the 
     potential impact, including potential savings, of the 
     implementation of its recommendations on ratepayers or end 
     users of the natural gas pipeline system.
       (c) Consideration of Recommendations.--If the Comptroller 
     General makes recommendations in the report submitted under 
     subsection (a) on Federal or State policies or best practices 
     within the jurisdiction of the Pipeline and Hazardous 
     Materials Safety Administration, the Administrator shall, not 
     later than 90 days after such submission, review such 
     recommendations and report to Congress on the feasibility of 
     implementing such recommendations. If the Administrator 
     determines that the recommendations would significantly 
     improve pipeline safety, the Administrator shall, not later 
     than 180 days after making such determination and in 
     coordination with the heads of other relevant agencies as 
     appropriate, issue regulations, as the Administrator 
     determines appropriate, to implement the recommendations.

     SEC. 6024. PROVISION OF RESPONSE PLANS TO APPROPRIATE 
                   COMMITTEES OF CONGRESS.

       (a) Provision of Response Plans to Appropriate Committees 
     of Congress.--Notwithstanding subsection (a)(2) of section 
     60138 of title 49, United States Code, upon the request of 
     the Chairperson or Ranking Member of an appropriate committee 
     of Congress, the Administrator of the Pipeline and Hazardous 
     Materials Safety Administration, shall provide the 
     Chairperson or Ranking Member, as applicable, an unredacted 
     copy of a response plan under that section.
       (b) Rule of Construction.--Nothing in this section shall be 
     construed as affecting the provision of any other report, 
     data, or other information to Congress, or its handling 
     thereof.

     SEC. 6025. CONSULTATION WITH FERC AS PART OF PRE-FILING 
                   PROCEDURES AND PERMITTING PROCESS FOR NEW 
                   NATURAL GAS PIPELINE INFRASTRUCTURE.

       Where appropriate, the Administrator of the Pipeline and 
     Hazardous Materials Safety Administration shall consult with 
     the Federal Energy Regulatory Commission during its pre-
     filing procedures and permitting process for new natural gas 
     pipeline infrastructure to ensure the protection of people 
     and the environment from the potential risks of hazardous 
     materials transportation by pipeline.

     SEC. 6026. MAINTENANCE OF EFFORT.

       Section 60107(b) is amended to read as follows:
       ``(b) Payments.--After notifying and consulting with a 
     State authority, the Secretary may withhold any part of a 
     payment when the Secretary decides that the authority is not 
     carrying out satisfactorily a safety program or not acting 
     satisfactorily as an agent. The Secretary may pay an 
     authority under this section only when the authority ensures 
     the Secretary that it will provide the remaining costs of a 
     safety program, except when the Secretary waives this 
     requirement.''.
                                 ______
                                 
  SA 3164. Mr. FLAKE submitted an amendment intended to be proposed by 
him to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. DELISTING OF MEXICAN GRAY WOLVES.

       (a) Definitions.--In this section:
       (1) Director.--The term ``Director'' means the Director of 
     the United States Fish and Wildlife Service.
       (2) Mexican gray wolf.--
       (A) In general.--The term ``Mexican gray wolf'' means the 
     subspecies Mexican gray wolf (Canis lupus baileyi) of the 
     species gray wolf (Canis lupus).
       (B) Inclusion.--The term ``Mexican gray wolf'' includes any 
     subspecies, distinct population segment, or experimental 
     population of the species gray wolf (Canis lupus) that the 
     Director determines after the date of enactment of this Act 
     will take the place of, or correspond with, the subspecies 
     designated as Mexican gray wolf (Canis lupus baileyi) on that 
     date of enactment.
       (b) Requirement.--Notwithstanding any other provision of 
     law (including regulations), effective beginning on the date 
     on which the Director makes a positive determination under 
     subsection (c)--
       (1) the Mexican gray wolf shall no longer be included on 
     any list of endangered species, threatened species, or 
     experimental populations under the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.); and
       (2) management of the Mexican gray wolf shall be assumed by 
     each State in which the Mexican gray wolf is present, 
     effective beginning on the date of the determination.
       (c) Determination by Director.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Director shall determine whether a 
     population of not fewer than 100 Mexican gray wolves in a 
     5,000-square-mile area within the historic range of the 
     Mexican gray wolf has been established, as described in the 
     Mexican Wolf Recovery Plan of 1982 prepared by the Mexican 
     Wolf Recovery Team (U.S. Fish and Wildlife Service. 1982. 
     Mexican Wolf Recovery Plan. U.S. Fish and Wildlife Service, 
     Albuquerque, New Mexico. 103 pp.)
       (2) Standards and procedures.--A determination under 
     paragraph (1) shall be made in accordance with applicable 
     standards and procedures used by the Director in determining 
     the status of a species under the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.).
                                 ______
                                 
  SA 3165. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of part I of subtitle A of title III, add the 
     following:

     SEC. 30__. PUMPED STORAGE HYDROPOWER COMPENSATION.

       Not later than 180 days after the date of enactment of this 
     Act, the Federal Energy Regulatory Commission shall initiate 
     a proceeding to identify and determine the market, 
     procurement, and cost recovery mechanisms that would--
       (1) encourage development of pumped storage hydropower 
     assets; and
       (2) properly compensate those assets for the full range of 
     services provided to the power grid, including--
       (A) balancing electricity supply and demand;
       (B) ensuring grid reliability; and
       (C) cost-effectively integrating intermittent power sources 
     into the grid.
                                 ______
                                 
  SA 3166. Mrs. SHAHEEN (for herself and Mr. Markey) submitted an 
amendment intended to be proposed by her to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 44__. FEDERAL ENERGY REGULATORY COMMISSION PERMITTING 
                   AND REVIEW.

       (a) Findings.--The Senate finds that--
       (1) the Federal Government plays a central role in the 
     review and approval of projects to

[[Page S436]]

     maintain and build the energy infrastructure of the United 
     States, including--
       (A) interstate gas pipelines;
       (B) projects that cross Federal land; and
       (C) projects that impact wildlife, cultural or historic 
     resources, or waters of the United States;
       (2) the Federal Energy Regulatory Commission--
       (A) has jurisdiction under section 7 of the Natural Gas Act 
     (15 U.S.C. 717f) to regulate interstate natural gas 
     pipelines, including siting of the interstate natural gas 
     pipelines; and
       (B) is required under section 15 of the Natural Gas Act (15 
     U.S.C. 717n), as a lead agency, to coordinate with other 
     Federal agencies in the environmental review and processing 
     of each Federal authorization relating to natural gas 
     infrastructure;
       (3) a report of the Government Accountability Office 
     entitled ``Pipeline Permitting: Interstate and Intrastate 
     Natural Gas Permitting Processes Include Multiple Steps, and 
     Time Frames Vary'', and dated February 2013, reported that--
       (A) public interest groups and State officials that were 
     interviewed believed that members of the public need more 
     opportunity to comment on a proposed pipeline project during 
     the permitting process conducted by the Federal Energy 
     Regulatory Commission; and
       (B) officials from Federal and State agencies and 
     representatives from industry and public interest groups 
     reported several management practices that--
       (i) could help overcome challenges;
       (ii) are associated with an efficient permitting process 
     and obtaining public input; and
       (iii) include--

       (I) ensuring effective collaboration among the numerous 
     stakeholders involved in the permitting process; and
       (II) increasing opportunities for public comment; and

       (4) robust engagement by the public and stakeholders is 
     essential for the credibility of the siting, permitting, and 
     review of Federal processes by the Federal Energy Regulatory 
     Commission.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that, in accordance with Executive Order 13604 (5 U.S.C. 601 
     note; relating to improving performance of Federal permitting 
     and review of infrastructure projects), the Federal Energy 
     Regulatory Commission should prioritize meaningful public 
     engagement and coordination with State and local governments 
     to ensure that the Federal permitting and review processes of 
     the Federal Energy Regulatory Commission--
       (1) remain transparent and consistent; and
       (2) ensure the health, safety, and security of the 
     environment and each community affected by the Federal 
     permitting and review processes.
                                 ______
                                 
  SA 3167. Mr. BOOKER submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 239, strike lines 3 through 7 and insert the 
     following:
     contain a mix of water and working fluid;
       ``(B) an open loop system, which circulates ground or 
     surface water directly into the building and returns the 
     water to the same aquifer or surface water source; or
       ``(C) a heat exchanger to transfer heat between a potable 
     municipal water supply and a closed interior loop employing 
     heat pumps, in which the potable water could be returned to 
     the municipal water system after passing through the heat 
     exchanger.
                                 ______
                                 
  SA 3168. Mr. PORTMAN (for himself, Ms. Cantwell, Mrs. Shaheen, Mr. 
McConnell, and Mr. Donnelly) submitted an amendment intended to be 
proposed by him to the bill S. 2012, to provide for the modernization 
of the energy policy of the United States, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. APPLICATION OF ENERGY CONSERVATION STANDARDS TO 
                   CERTAIN EXTERNAL POWER SUPPLIES.

       (a) Definition of External Power Supply.--Section 
     321(36)(A) of the Energy Policy and Conservation Act (42 
     U.S.C. 6291(36)(A)) is amended--
       (1) by striking the subparagraph designation and all that 
     follows through ``The term'' and inserting the following:
       ``(A) External power supply.--
       ``(i) In general.--The term''; and
       (2) by adding at the end the following:
       ``(ii) Exclusion.--The term `external power supply' does 
     not include a power supply circuit, driver, or device that is 
     designed exclusively to be connected to, and power--

       ``(I) light-emitting diodes providing illumination;
       ``(II) organic light-emitting diodes providing 
     illumination; or
       ``(III) ceiling fans using direct current motors.''.

       (b) Standards for Lighting Power Supply Circuits.--
       (1) Definition.--Section 340(2)(B) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6311(2)(B)) is amended by 
     striking clause (v) and inserting the following:
       ``(v) electric lights and lighting power supply 
     circuits;''.
       (2) Energy conservation standard for certain equipment.--
     Section 342 of the Energy Policy and Conservation Act (42 
     U.S.C. 6313) is amended by adding at the end the following:
       ``(g) Lighting Power Supply Circuits.--If the Secretary, 
     acting pursuant to section 341(b), includes as a covered 
     equipment solid state lighting power supply circuits, 
     drivers, or devices described in section 321(36)(A)(ii), the 
     Secretary may prescribe under this part, not earlier than 1 
     year after the date on which a test procedure has been 
     prescribed, an energy conservation standard for such 
     equipment.''.
       (c) Technical Corrections.--
       (1) Section 321(6)(B) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6291(6)(B)) is amended by striking ``(19)'' 
     and inserting ``(20)''.
       (2) Section 324 of the Energy Policy and Conservation Act 
     (42 U.S.C. 6294) is amended by striking ``(19)'' each place 
     it appears in each of subsections (a)(3), (b)(1)(B), (b)(3), 
     and (b)(5) and inserting ``(20)''.
       (3) Section 325(l) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6295(l)) is amended by striking ``paragraph 
     (19)'' each place it appears and inserting ``paragraph 
     (20)''.
                                 ______
                                 
  SA 3169. Mr. SULLIVAN submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 171, between lines 15 and 16, insert the following:

     SEC. 22__. EXPORT AUTHORIZATION EXCEPTION FOR SMALL-SCALE 
                   NATURAL GAS PROJECTS.

       The export of low-level volumes of natural gas, measured at 
     not more than 0.25 billion cubic feet per day of natural gas 
     on an annualized basis per project, shall not require an 
     authorization order of the Secretary under section 3(a) of 
     the Natural Gas Act (15 U.S.C. 717b(a)).
                                 ______
                                 
  SA 3170. Mr. SULLIVAN (for himself, Mrs. Capito, and Mr. Casey) 
submitted an amendment intended to be proposed by him to the bill S. 
2012, to provide for the modernization of the energy policy of the 
United States, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the bill, add the following:

               TITLE VI--VESSEL INCIDENTAL DISCHARGE ACT

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Vessel Incidental 
     Discharge Act''.

     SEC. 602. FINDINGS; PURPOSE.

       (a) Findings.--Congress makes the following findings:
       (1) Since the enactment of the Act to Prevent Pollution 
     from Ships (22 U.S.C. 1901 et seq.) in 1980, the United 
     States Coast Guard has been the principal Federal authority 
     charged with administering, enforcing, and prescribing 
     regulations relating to the discharge of pollutants from 
     vessels engaged in maritime commerce and transportation.
       (2) The Coast Guard estimates there are approximately 
     21,560,000 State-registered recreational vessels, 75,000 
     commercial fishing vessels, and 33,000 freight and tank 
     barges operating in United States waters.
       (3) From 1973 to 2005, certain discharges incidental to the 
     normal operation of a vessel were exempted by regulation from 
     otherwise applicable permitting requirements.
       (4) During the 32 years during which this regulatory 
     exemption was in effect, Congress enacted several statutes to 
     deal with the regulation of discharges incidental to the 
     normal operation of a vessel, including--
       (A) the Act to Prevent Pollution from Ships (33 U.S.C. 1901 
     et seq.) in 1980;
       (B) the Nonindigenous Aquatic Nuisance Prevention and 
     Control Act of 1990 (16 U.S.C. 4701 et seq.);
       (C) the National Invasive Species Act of 1996 (110 Stat. 
     4073);
       (D) section 415 of the Coast Guard Authorization Act of 
     1998 (112 Stat. 3434) and section 623 of the Coast Guard and 
     Maritime Transportation Act of 2004 (33 U.S.C. 1901 note), 
     which established interim and permanent requirements, 
     respectively, for the regulation of vessel discharges of 
     certain bulk cargo residue;
       (E) title XIV of division B of Appendix D of the 
     Consolidated Appropriations Act, 2001 (114 Stat. 2763), which 
     prohibited or limited certain vessel discharges in certain 
     areas of Alaska;
       (F) section 204 of the Maritime Transportation Security Act 
     of 2002 (33 U.S.C. 1902a), which established requirements for 
     the regulation of vessel discharges of agricultural cargo 
     residue material in the form of hold washings; and
       (G) title X of the Coast Guard Authorization Act of 2010 
     (33 U.S.C. 3801 et seq.), which provided for the 
     implementation of the International Convention on the Control 
     of Harmful Anti-Fouling Systems on Ships, 2001.
       (b) Purpose.--The purpose of this title is to provide for 
     the establishment of nationally uniform and environmentally 
     sound

[[Page S437]]

     standards and requirements for the management of discharges 
     incidental to the normal operation of a vessel.

     SEC. 603. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Aquatic nuisance species.--The term ``aquatic nuisance 
     species'' means a nonindigenous species (including a 
     pathogen) that threatens the diversity or abundance of native 
     species or the ecological stability of navigable waters or 
     commercial, agricultural, aquacultural, or recreational 
     activities dependent on such waters.
       (3) Ballast water.--
       (A) In general.--The term ``ballast water'' means any water 
     and water-suspended matter taken aboard a vessel--
       (i) to control or maintain trim, list, draught, stability, 
     or stresses of the vessel; or
       (ii) during the cleaning, maintenance, or other operation 
     of a ballast water treatment technology of the vessel.
       (B) Exclusions.--The term ``ballast water'' does not 
     include any substance that is added to water described in 
     subparagraph (A) that is not directly related to the 
     operation of a properly functioning ballast water treatment 
     technology under this title.
       (4) Ballast water discharge standard.--The term ``ballast 
     water discharge standard'' means the numerical ballast water 
     discharge standard set forth in section 151.2030 of title 33, 
     Code of Federal Regulations or section 151.1511 of title 33, 
     Code of Federal Regulations, as applicable, or a revised 
     numerical ballast water discharge standard established under 
     subsection (a)(1)(B), (b), or (c) of section 605.
       (5) Ballast water management system; management system.--
     The terms ``ballast water management system'' and 
     ``management system'' mean any system, including all ballast 
     water treatment equipment and associated control and 
     monitoring equipment, used to process ballast water to kill, 
     remove, render harmless, or avoid the uptake or discharge of 
     organisms.
       (6) Biocide.--The term ``biocide'' means a substance or 
     organism, including a virus or fungus, that is introduced 
     into or produced by a ballast water management system to 
     reduce or eliminate aquatic nuisance species as part of the 
     process used to comply with a ballast water discharge 
     standard under this title.
       (7) Discharge incidental to the normal operation of a 
     vessel.--
       (A) In general.--The term ``discharge incidental to the 
     normal operation of a vessel'' means--
       (i) a discharge into navigable waters from a vessel of--

       (I)(aa) ballast water, graywater, bilge water, cooling 
     water, oil water separator effluent, anti-fouling hull 
     coating leachate, boiler or economizer blowdown, byproducts 
     from cathodic protection, controllable pitch propeller and 
     thruster hydraulic fluid, distillation and reverse osmosis 
     brine, elevator pit effluent, firemain system effluent, 
     freshwater layup effluent, gas turbine wash water, motor 
     gasoline and compensating effluent, refrigeration and air 
     condensate effluent, seawater pumping biofouling prevention 
     substances, boat engine wet exhaust, sonar dome effluent, 
     exhaust gas scrubber washwater, or stern tube packing gland 
     effluent; or
       (bb) any other pollutant associated with the operation of a 
     marine propulsion system, shipboard maneuvering system, 
     habitability system, or installed major equipment, or from a 
     protective, preservative, or absorptive application to the 
     hull of a vessel;
       (II) weather deck runoff, deck wash, aqueous film forming 
     foam effluent, chain locker effluent, non-oily machinery 
     wastewater, underwater ship husbandry effluent, welldeck 
     effluent, or fish hold and fish hold cleaning effluent; or
       (III) any effluent from a properly functioning marine 
     engine; or

       (ii) a discharge of a pollutant into navigable waters in 
     connection with the testing, maintenance, or repair of a 
     system, equipment, or engine described in subclause (I)(bb) 
     or (III) of clause (i) whenever the vessel is waterborne.
       (B) Exclusions.--The term ``discharge incidental to the 
     normal operation of a vessel'' does not include--
       (i) a discharge into navigable waters from a vessel of--

       (I) rubbish, trash, garbage, incinerator ash, or other such 
     material discharged overboard;
       (II) oil or a hazardous substance as those terms are 
     defined in section 311 of the Federal Water Pollution Control 
     Act (33 U.S.C. 1321);
       (III) sewage as defined in section 312(a)(6) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1322(a)(6)); or
       (IV) graywater referred to in section 312(a)(6) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1322(a)(6));

       (ii) an emission of an air pollutant resulting from the 
     operation onboard a vessel of a vessel propulsion system, 
     motor driven equipment, or incinerator; or
       (iii) a discharge into navigable waters from a vessel when 
     the vessel is operating in a capacity other than as a means 
     of transportation on water.
       (8) Geographically limited area.--The term ``geographically 
     limited area'' means an area--
       (A) with a physical limitation, including limitation by 
     physical size and limitation by authorized route such as the 
     Great Lakes and St. Lawrence River, that prevents a vessel 
     from operating outside the area, as determined by the 
     Secretary; or
       (B) that is ecologically homogeneous, as determined by the 
     Secretary, in consultation with the heads of other Federal 
     departments or agencies as the Secretary considers 
     appropriate.
       (9) Manufacturer.--The term ``manufacturer'' means a person 
     engaged in the manufacture, assemblage, or importation of 
     ballast water treatment technology.
       (10) Navigable waters.--The term ``navigable waters'' has 
     the meaning given the term in section 2.36 of title 33, Code 
     of Federal Regulations, as in effect on the date of the 
     enactment of this Act.
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of the department in which the Coast Guard is operating.
       (12) Vessel.--The term ``vessel'' means every description 
     of watercraft or other artificial contrivance used, or 
     practically or otherwise capable of being used, as a means of 
     transportation on water.

     SEC. 604. REGULATION AND ENFORCEMENT.

       (a) In General.--
       (1) Establishment.--The Secretary, in consultation with the 
     Administrator, shall establish, implement, and enforce 
     uniform national standards and requirements for the 
     regulation of discharges incidental to the normal operation 
     of a vessel.
       (2) Basis.--Except as provided under paragraph (3), the 
     standards and requirements established under paragraph (1)--
       (A) with respect to ballast water, shall be based upon the 
     best available technology that is economically achievable;
       (B) with respect to discharges incidental to the normal 
     operation of a vessel other than ballast water, shall be 
     based on best management practices; and
       (C) shall supersede any permitting requirement or 
     prohibition on discharges incidental to the normal operation 
     of a vessel under any other provision of law.
       (3) Rule of construction.--The standards and requirements 
     established under paragraph (1) shall not supersede 
     regulations, in place on the date of the enactment of this 
     Act or established by a rulemaking proceeding after such date 
     of enactment, which cover a discharge in a national marine 
     sanctuary or in a marine national monument.
       (b) Administration and Enforcement.--The Secretary shall 
     administer and enforce the uniform national standards and 
     requirements under this title. Each State may enforce the 
     uniform national standards and requirements under this title.
       (c) Sanctions.--
       (1) Civil penalties.--
       (A) Ballast water.--Any person who violates a regulation 
     issued pursuant to this title regarding a discharge 
     incidental to the normal operation of a vessel of ballast 
     water shall be liable for a civil penalty in an amount not to 
     exceed $25,000. Each day of a continuing violation 
     constitutes a separate violation.
       (B) Other discharge.--Any person who violates a regulation 
     issued pursuant to this title regarding a discharge 
     incidental to the normal operation of a vessel other than 
     ballast water shall be liable for a civil penalty in an 
     amount not to exceed $10,000. Each day of a continuing 
     violation constitutes a separate violation.
       (C) In rem liability.--A vessel operated in violation of a 
     regulation issued under this title shall be liable in rem for 
     any civil penalty assessed under this subsection for that 
     violation.
       (2) Criminal penalties.--
       (A) Ballast water.--Any person who knowingly violates a 
     regulation issued pursuant to this title regarding a 
     discharge incidental to the normal operation of a vessel of 
     ballast water shall be punished by a fine of not more than 
     $100,000, imprisonment for not more than 2 years, or both.
       (B) Other discharge.--Any person who knowingly violates a 
     regulation issued pursuant to this title regarding a 
     discharge incidental to the normal operation of a vessel 
     other than ballast water shall be punished by a fine of not 
     more than $50,000, imprisonment for not more than 1 year, or 
     both.
       (3) Revocation of clearance.--The Secretary shall withhold 
     or revoke the clearance of a vessel required under section 
     60105 of title 46, United States Code, if the owner or 
     operator of the vessel is in violation of a regulation issued 
     pursuant to this Act.
       (4) Exception to sanctions.--It shall be an affirmative 
     defense to any charge of a violation of this title that 
     compliance with this title would, because of adverse weather, 
     equipment failure, or any other relevant condition, have 
     threatened the safety or stability of a vessel, its crew, or 
     its passengers.

     SEC. 605. UNIFORM NATIONAL STANDARDS AND REQUIREMENTS FOR THE 
                   REGULATION OF DISCHARGES INCIDENTAL TO THE 
                   NORMAL OPERATION OF A VESSEL.

       (a) Requirements.--
       (1) Ballast water management requirements.--
       (A) In general.--Notwithstanding any other provision of 
     law, the requirements set forth in the final rule, Standards 
     for Living Organisms in Ships' Ballast Water Discharged in 
     U.S. Waters (77 Fed. Reg. 17254 (March 23, 2012), as 
     corrected at 77 Fed. Reg. 33969 (June 8, 2012)), shall be the 
     management requirements for a ballast water discharge 
     incidental to the normal operation of

[[Page S438]]

     a vessel until the Secretary revises the ballast water 
     discharge standard under subsection (b) or adopts a more 
     stringent State standard under subparagraph (B).
       (B) Adoption of more stringent state standard.--If the 
     Secretary makes a determination in favor of a State petition 
     under section 610, the Secretary shall adopt the more 
     stringent ballast water discharge standard specified in the 
     statute or regulation that is the subject of that State 
     petition instead of the ballast water discharge standard in 
     the final rule described under subparagraph (A).
       (2) Initial management requirements for discharges other 
     than ballast water.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Administrator, shall issue a final rule establishing best 
     management practices for discharges incidental to the normal 
     operation of a vessel other than ballast water.
       (b) Revised Ballast Water Discharge Standard; 8-Year 
     Review.--
       (1) In general.--Subject to the feasibility review under 
     paragraph (2), not later than January 1, 2024, the Secretary, 
     in consultation with the Administrator, shall issue a final 
     rule revising the ballast water discharge standard under 
     subsection (a)(1) so that a ballast water discharge 
     incidental to the normal operation of a vessel will contain--
       (A) less than 1 organism that is living or has not been 
     rendered harmless per 10 cubic meters that is 50 or more 
     micrometers in minimum dimension;
       (B) less than 1 organism that is living or has not been 
     rendered harmless per 10 milliliters that is less than 50 
     micrometers in minimum dimension and more than 10 micrometers 
     in minimum dimension;
       (C) concentrations of indicator microbes that are less 
     than--
       (i) 1 colony-forming unit of toxicogenic Vibrio cholera 
     (serotypes O1 and O139) per 100 milliliters or less than 1 
     colony-forming unit of that microbe per gram of wet weight of 
     zoological samples;
       (ii) 126 colony-forming units of Escherichia coli per 100 
     milliliters; and
       (iii) 33 colony-forming units of intestinal enterococci per 
     100 milliliters; and
       (D) concentrations of such additional indicator microbes 
     and of viruses as may be specified in regulations issued by 
     the Secretary in consultation with the Administrator and such 
     other Federal agencies as the Secretary and the Administrator 
     consider appropriate.
       (2) Feasibility review.--
       (A) In general.--Not less than 2 years before January 1, 
     2024, the Secretary, in consultation with the Administrator, 
     shall complete a review to determine the feasibility of 
     achieving the revised ballast water discharge standard under 
     paragraph (1).
       (B) Criteria for review of ballast water discharge 
     standard.--In conducting a review under subparagraph (A), the 
     Secretary shall consider whether revising the ballast water 
     discharge standard will result in a scientifically 
     demonstrable and substantial reduction in the risk of 
     introduction or establishment of aquatic nuisance species, 
     taking into account--
       (i) improvements in the scientific understanding of 
     biological and ecological processes that lead to the 
     introduction or establishment of aquatic nuisance species;
       (ii) improvements in ballast water management systems, 
     including--

       (I) the capability of such management systems to achieve a 
     revised ballast water discharge standard;
       (II) the effectiveness and reliability of such management 
     systems in the shipboard environment;
       (III) the compatibility of such management systems with the 
     design and operation of a vessel by class, type, and size;
       (IV) the commercial availability of such management 
     systems; and
       (V) the safety of such management systems;

       (iii) improvements in the capabilities to detect, quantify, 
     and assess the viability of aquatic nuisance species at the 
     concentrations under consideration;
       (iv) the impact of ballast water management systems on 
     water quality; and
       (v) the costs, cost-effectiveness, and impacts of--

       (I) a revised ballast water discharge standard, including 
     the potential impacts on shipping, trade, and other uses of 
     the aquatic environment; and
       (II) maintaining the existing ballast water discharge 
     standard, including the potential impacts on water-related 
     infrastructure, recreation, propagation of native fish, 
     shellfish, and wildlife, and other uses of navigable waters.

       (C) Lower revised discharge standard.--
       (i) In general.--If the Secretary, in consultation with the 
     Administrator, determines on the basis of the feasibility 
     review and after an opportunity for a public hearing that no 
     ballast water management system can be certified under 
     section 606 to comply with the revised ballast water 
     discharge standard under paragraph (1), the Secretary shall 
     require the use of the management system that achieves the 
     performance levels of the best available technology that is 
     economically achievable.
       (ii) Implementation deadline.--If the Secretary, in 
     consultation with the Administrator, determines that the 
     management system under clause (i) cannot be implemented 
     before the implementation deadline under paragraph (3) with 
     respect to a class of vessels, the Secretary shall extend the 
     implementation deadline for that class of vessels for not 
     more than 36 months.
       (iii) Compliance.--If the implementation deadline under 
     paragraph (3) is extended, the Secretary shall recommend 
     action to ensure compliance with the extended implementation 
     deadline under clause (ii).
       (D) Higher revised discharge standard.--
       (i) In general.--If the Secretary, in consultation with the 
     Administrator, determines that a ballast water management 
     system exists that exceeds the revised ballast water 
     discharge standard under paragraph (1) with respect to a 
     class of vessels and is the best available technology that is 
     economically achievable, the Secretary shall revise the 
     ballast water discharge standard for that class of vessels to 
     incorporate the higher discharge standard.
       (ii) Implementation deadline.--If the Secretary, in 
     consultation with the Administrator, determines that the 
     management system under clause (i) can be implemented before 
     the implementation deadline under paragraph (3) with respect 
     to a class of vessels, the Secretary shall accelerate the 
     implementation deadline for that class of vessels. If the 
     implementation deadline under paragraph (3) is accelerated, 
     the Secretary shall provide not less than 24 months notice 
     before the accelerated deadline takes effect.
       (3) Implementation deadline.--The revised ballast water 
     discharge standard under paragraph (1) shall apply to a 
     vessel beginning on the date of the first drydocking of the 
     vessel on or after January 1, 2024, but not later than 
     December 31, 2026.
       (4) Revised discharge standard compliance deadlines.--
       (A) In general.--The Secretary may establish a compliance 
     deadline for compliance by a vessel (or a class, type, or 
     size of vessel) with a revised ballast water discharge 
     standard under this subsection.
       (B) Process for granting extensions.--In issuing 
     regulations under this subsection, the Secretary shall 
     establish a process for an owner or operator to submit a 
     petition to the Secretary for an extension of a compliance 
     deadline with respect to the vessel of the owner or operator.
       (C) Period of extensions.--An extension issued under 
     subparagraph (B) may--
       (i) apply for a period of not to exceed 18 months from the 
     date of the applicable deadline under subparagraph (A); and
       (ii) be renewable for an additional period of not to exceed 
     18 months.
       (D) Factors.--In issuing a compliance deadline or reviewing 
     a petition under this paragraph, the Secretary shall 
     consider, with respect to the ability of an owner or operator 
     to meet a compliance deadline, the following factors:
       (i) Whether the management system to be installed is 
     available in sufficient quantities to meet the compliance 
     deadline.
       (ii) Whether there is sufficient shipyard or other 
     installation facility capacity.
       (iii) Whether there is sufficient availability of 
     engineering and design resources.
       (iv) Vessel characteristics, such as engine room size, 
     layout, or a lack of installed piping.
       (v) Electric power generating capacity aboard the vessel.
       (vi) Safety of the vessel and crew.
       (vii) Any other factors the Secretary considers 
     appropriate, including the availability of a ballast water 
     reception facility or other means of managing ballast water.
       (E) Consideration of petitions.--
       (i) Determinations.--The Secretary shall approve or deny a 
     petition for an extension of a compliance deadline submitted 
     by an owner or operator under this paragraph.
       (ii) Deadline.--If the Secretary does not approve or deny a 
     petition referred to in clause (i) on or before the last day 
     of the 90-day period beginning on the date of submission of 
     the petition, the petition shall be deemed approved.
       (c) Future Revisions of Vessel Incidental Discharge 
     Standards; Decennial Reviews.--
       (1) Revised ballast water discharge standards.--The 
     Secretary, in consultation with the Administrator, shall 
     complete a review, 10 years after the issuance of a final 
     rule under subsection (b) and every 10 years thereafter, to 
     determine whether further revision of the ballast water 
     discharge standard would result in a scientifically 
     demonstrable and substantial reduction in the risk of the 
     introduction or establishment of aquatic nuisance species.
       (2) Revised standards for discharges other than ballast 
     water.--The Secretary, in consultation with the 
     Administrator, may include in a decennial review under this 
     subsection best management practices for discharges covered 
     by subsection (a)(2). The Secretary shall initiate a 
     rulemaking to revise 1 or more best management practices for 
     such discharges after a decennial review if the Secretary, in 
     consultation with the Administrator, determines that revising 
     1 or more of such practices would substantially reduce the 
     impacts on navigable waters of discharges incidental to the 
     normal operation of a vessel other than ballast water.
       (3) Considerations.--In conducting a review under paragraph 
     (1), the Secretary, the Administrator, and the heads of other 
     Federal agencies as the Secretary considers appropriate, 
     shall consider the criteria under section 605(b)(2)(B).

[[Page S439]]

       (4) Revision after decennial review.--The Secretary shall 
     initiate a rulemaking to revise the current ballast water 
     discharge standard after a decennial review if the Secretary, 
     in consultation with the Administrator, determines that 
     revising the current ballast water discharge standard would 
     result in a scientifically demonstrable and substantial 
     reduction in the risk of the introduction or establishment of 
     aquatic nuisance species.
       (d) Alternative Ballast Water Management Requirements.--
     Nothing in this title may be construed to preclude the 
     Secretary from authorizing the use of alternate means or 
     methods of managing ballast water (including flow-through 
     exchange, empty/refill exchange, and transfer to treatment 
     facilities in place of a vessel ballast water management 
     system required under this section) if the Secretary, in 
     consultation with the Administrator, determines that such 
     means or methods would not pose a greater risk of 
     introduction of aquatic nuisance species in navigable waters 
     than the use of a ballast water management system that 
     achieves the applicable ballast water discharge standard.
       (e) Great Lakes Requirements.--In addition to the other 
     standards and requirements imposed by this section, in the 
     case of a vessel that enters the Great Lakes through the St. 
     Lawrence River after operating outside the exclusive economic 
     zone of the United States the Secretary, in consultation with 
     the Administrator, shall establish a requirement that the 
     vessel conduct saltwater flushing of all ballast water tanks 
     onboard prior to entry.

     SEC. 606. TREATMENT TECHNOLOGY CERTIFICATION.

       (a) Certification Required.--Beginning on the date that is 
     1 year after the date on which the requirements for testing 
     protocols are issued under subsection (i), no manufacturer of 
     a ballast water management system shall sell, offer for sale, 
     or introduce or deliver for introduction into interstate 
     commerce, or import into the United States for sale or 
     resale, a ballast water management system for a vessel unless 
     it has been certified under this section.
       (b) Certification Process.--
       (1) Evaluation.--Upon application of a manufacturer, the 
     Secretary shall evaluate a ballast water management system 
     with respect to--
       (A) the effectiveness of the management system in achieving 
     the current ballast water discharge standard when installed 
     on a vessel (or a class, type, or size of vessel);
       (B) the compatibility with vessel design and operations;
       (C) the effect of the management system on vessel safety;
       (D) the impact on the environment;
       (E) the cost effectiveness; and
       (F) any other criteria the Secretary considers appropriate.
       (2) Approval.--If after an evaluation under paragraph (1) 
     the Secretary determines that the management system meets the 
     criteria, the Secretary may certify the management system for 
     use on a vessel (or a class, type, or size of vessel).
       (3) Suspension and revocation.--The Secretary shall 
     establish, by regulation, a process to suspend or revoke a 
     certification issued under this section.
       (c) Certification Conditions.--
       (1) Imposition of conditions.--In certifying a ballast 
     water management system under this section, the Secretary, in 
     consultation with the Administrator, may impose any condition 
     on the subsequent installation, use, or maintenance of the 
     management system onboard a vessel as is necessary for--
       (A) the safety of the vessel, the crew of the vessel, and 
     any passengers aboard the vessel;
       (B) the protection of the environment; or
       (C) the effective operation of the management system.
       (2) Failure to comply.--The failure of an owner or operator 
     to comply with a condition imposed under paragraph (1) shall 
     be considered a violation of this section.
       (d) Period for Use of Installed Treatment Equipment.--
     Notwithstanding anything to the contrary in this title or any 
     other provision of law, the Secretary shall allow a vessel on 
     which a management system is installed and operated to meet a 
     ballast water discharge standard under this title to continue 
     to use that system, notwithstanding any revision of a ballast 
     water discharge standard occurring after the management 
     system is ordered or installed until the expiration of the 
     service life of the management system, as determined by the 
     Secretary, if the management system--
       (1) is maintained in proper working condition; and
       (2) is maintained and used in accordance with the 
     manufacturer's specifications and any management system 
     certification conditions imposed by the Secretary under this 
     section.
       (e) Certificates of Type Approval for the Treatment 
     Technology.--
       (1) Issuance.--If the Secretary approves a ballast water 
     management system for certification under subsection (b), the 
     Secretary shall issue a certificate of type approval for the 
     management system to the manufacturer in such form and manner 
     as the Secretary determines appropriate.
       (2) Certification conditions.--A certificate of type 
     approval issued under paragraph (1) shall specify each 
     condition imposed by the Secretary under subsection (c).
       (3) Owners and operators.--A manufacturer that receives a 
     certificate of type approval for the management system under 
     this subsection shall provide a copy of the certificate to 
     each owner and operator of a vessel on which the management 
     system is installed.
       (f) Inspections.--An owner or operator who receives a copy 
     of a certificate under subsection (e)(3) shall retain a copy 
     of the certificate onboard the vessel and make the copy of 
     the certificate available for inspection at all times while 
     the owner or operator is utilizing the management system.
       (g) Biocides.--The Secretary may not approve a ballast 
     water management system under subsection (b) if--
       (1) it uses a biocide or generates a biocide that is a 
     pesticide, as defined in section 2 of the Federal 
     Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136), 
     unless the biocide is registered under that Act or the 
     Secretary, in consultation with Administrator, has approved 
     the use of the biocide in such management system; or
       (2) it uses or generates a biocide the discharge of which 
     causes or contributes to a violation of a water quality 
     standard under section 303 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1313).
       (h) Prohibition.--
       (1) In general.--Except as provided in paragraph (2), the 
     use of a ballast water management system by an owner or 
     operator of a vessel shall not satisfy the requirements of 
     this title unless it has been approved by the Secretary under 
     subsection (b).
       (2) Exceptions.--
       (A) Coast guard shipboard technology evaluation program.--
     An owner or operator may use a ballast water management 
     system that has not been certified by the Secretary to comply 
     with the requirements of this section if the technology is 
     being evaluated under the Coast Guard Shipboard Technology 
     Evaluation Program.
       (B) Ballast water management systems certified by foreign 
     entities.--An owner or operator may use a ballast water 
     management system that has not been certified by the 
     Secretary to comply with the requirements of this section if 
     the management system has been certified by a foreign entity 
     and the certification demonstrates performance and safety of 
     the management system equivalent to the requirements of this 
     section, as determined by the Secretary.
       (i) Testing Protocols.--Not later than 180 days after the 
     date of the enactment of this Act, the Administrator, in 
     consultation with the Secretary, shall issue requirements for 
     land-based and shipboard testing protocols or criteria for--
       (1) certifying the performance of each ballast water 
     management system under this section; and
       (2) certifying laboratories to evaluate such treatment 
     technologies.

     SEC. 607. EXEMPTIONS.

       (a) Incidental Discharges.--Except in a national marine 
     sanctuary or a marine national monument, no permit shall be 
     required or prohibition enforced under any other provision of 
     law for, nor shall any standards regarding a discharge 
     incidental to the normal operation of a vessel under this 
     title apply to--
       (1) a discharge incidental to the normal operation of a 
     vessel if the vessel is less than 79 feet in length and 
     engaged in commercial service (as such terms are defined in 
     section 2101(5) of title 46, United States Code);
       (2) a discharge incidental to the normal operation of a 
     vessel if the vessel is a fishing vessel, including a fish 
     processing vessel and a fish tender vessel, (as defined in 
     section 2101 of title 46, United States Code); or
       (3) a discharge incidental to the normal operation of a 
     vessel if the vessel is a recreational vessel (as defined in 
     section 2101(25) of title 46, United States Code).
       (b) Discharges Into Navigable Waters.--No permit shall be 
     required or prohibition enforced under any other provision of 
     law for, nor shall any standards regarding a discharge 
     incidental to the normal operation of a vessel under this 
     title apply to--
       (1) any discharge into navigable waters from a vessel 
     authorized by an on-scene coordinator in accordance with part 
     300 of title 40, Code of Federal Regulations, or part 153 of 
     title 33, Code of Federal Regulations;
       (2) any discharge into navigable waters from a vessel that 
     is necessary to secure the safety of the vessel or human 
     life, or to suppress a fire onboard the vessel or at a 
     shoreside facility; or
       (3) a vessel of the armed forces of a foreign nation when 
     engaged in noncommercial service.
       (c) Ballast Water Discharges.--No permit shall be required 
     or prohibition enforced under any other provision of law for, 
     nor shall any ballast water discharge standard under this 
     title apply to--
       (1) a ballast water discharge incidental to the normal 
     operation of a vessel determined by the Secretary to--
       (A) operate exclusively within a geographically limited 
     area;
       (B) take up and discharge ballast water exclusively within 
     1 Captain of the Port Zone established by the Coast Guard 
     unless the Secretary determines such discharge poses a 
     substantial risk of introduction or establishment of an 
     aquatic nuisance species;
       (C) operate pursuant to a geographic restriction issued as 
     a condition under section 3309 of title 46, United States 
     Code, or an equivalent restriction issued by the country of 
     registration of the vessel; or
       (D) continuously take on and discharge ballast water in a 
     flow-through system that does not introduce aquatic nuisance 
     species into navigable waters;

[[Page S440]]

       (2) a ballast water discharge incidental to the normal 
     operation of a vessel consisting entirely of water sourced 
     from a United States public water system that meets the 
     requirements under the Safe Drinking Water Act (42 U.S.C. 
     300f et seq.) or from a foreign public water system 
     determined by the Administrator to be suitable for human 
     consumption; or
       (3) a ballast water discharge incidental to the normal 
     operation of a vessel in an alternative compliance program 
     established pursuant to section 608.
       (d) Vessels With Permanent Ballast Water.--No permit shall 
     be required or prohibition enforced regarding a ballast water 
     discharge incidental to the normal operation of a vessel 
     under any other provision of law for, nor shall any ballast 
     water discharge standard under this title apply to, a vessel 
     that carries all of its permanent ballast water in sealed 
     tanks that are not subject to discharge.
       (e) Vessels of the Armed Forces.--Nothing in this title may 
     be construed to apply to--
       (1) a vessel owned or operated by the Department of Defense 
     (other than a time-chartered or voyage-chartered vessel); or
       (2) a vessel of the Coast Guard, as designated by the 
     Secretary of the department in which the Coast Guard is 
     operating.

     SEC. 608. ALTERNATIVE COMPLIANCE PROGRAM.

       (a) In General.--The Secretary, in consultation with the 
     Administrator, may promulgate regulations establishing 1 or 
     more compliance programs as an alternative to ballast water 
     management regulations issued under section 605 for a vessel 
     that--
       (1) has a maximum ballast water capacity of less than 8 
     cubic meters; or
       (2) is less than 3 years from the end of the useful life of 
     the vessel, as determined by the Secretary.
       (b) Rulemaking.--
       (1) Facility standards.--Not later than 1 year after the 
     date of the enactment of this Act, the Administrator, in 
     consultation with the Secretary, shall promulgate standards 
     for--
       (A) the reception of ballast water from a vessel into a 
     reception facility; and
       (B) the disposal or treatment of the ballast water under 
     paragraph (1).
       (2) Transfer standards.--The Secretary, in consultation 
     with the Administrator, is authorized to promulgate standards 
     for the arrangements necessary on a vessel to transfer 
     ballast water to a facility.

     SEC. 609. JUDICIAL REVIEW.

       (a) In General.--An interested person may file a petition 
     for review of a final regulation promulgated under this title 
     in the United States Court of Appeals for the District of 
     Columbia Circuit.
       (b) Deadline.--A petition shall be filed not later than 120 
     days after the date that notice of the promulgation appears 
     in the Federal Register.
       (c) Exception.--Notwithstanding subsection (b), a petition 
     that is based solely on grounds that arise after the deadline 
     to file a petition under subsection (b) has passed may be 
     filed not later than 120 days after the date that the grounds 
     first arise.

     SEC. 610. EFFECT ON STATE AUTHORITY.

       (a) In General.--No State or political subdivision thereof 
     may adopt or enforce any statute or regulation of the State 
     or political subdivision with respect to a discharge 
     incidental to the normal operation of a vessel after the date 
     of enactment of this Act.
       (b) Savings Clause.--Notwithstanding subsection (a), a 
     State or political subdivision thereof may adopt or enforce a 
     statute or regulation of the State or political subdivision 
     with respect to ballast water discharges incidental to the 
     normal operation of a vessel that specifies a ballast water 
     discharge standard that is more stringent than the ballast 
     water discharge standard under section 605(a)(1)(A) if the 
     Secretary, after consultation with the Administrator and any 
     other Federal department or agency the Secretary considers 
     appropriate, makes a determination that--
       (1) compliance with any discharge standard specified in the 
     statute or regulation can in fact be achieved and detected;
       (2) the technology and systems necessary to comply with the 
     statute or regulation are commercially available; and
       (3) the statute or regulation is consistent with 
     obligations under relevant international treaties or 
     agreements to which the United States is a party.
       (c) Petition Process.--
       (1) Submission.--The Governor of a State seeking to adopt 
     or enforce a statute or regulation under subsection (b) shall 
     submit a petition to the Secretary requesting the Secretary 
     to review the statute or regulation.
       (2) Contents; timing.--A petition shall be accompanied by 
     the scientific and technical information on which the 
     petition is based, and may be submitted within 1 year of the 
     date of enactment of this Act and every 10 years thereafter.
       (3) Determinations.--The Secretary shall make a 
     determination on a petition under this subsection not later 
     than 90 days after the date on which the Secretary determines 
     that a complete petition has been received.

     SEC. 611. APPLICATION WITH OTHER STATUTES.

       (a) Exclusive Statutory Authority.--Except as otherwise 
     provided in this section and notwithstanding any other 
     provision of law, this title shall be the exclusive statutory 
     authority for regulation by the Federal Government of 
     discharges incidental to the normal operation of a vessel to 
     which this title applies.
       (b) Effect of Existing Regulations.--Except as provided 
     under section 605(a)(1)(A), any regulation in effect on the 
     date immediately preceding the effective date of this Act 
     relating to any permitting requirement for or prohibition on 
     discharges incidental to the normal operation of a vessel to 
     which this title applies--
       (1) shall be deemed to be a regulation issued pursuant to 
     the authority of this title; and
       (2) shall remain in full force and effect unless or until 
     superseded by new regulations issued under this title.
       (c) Act to Prevent Pollution From Ships.--The Act to 
     Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) shall 
     be the exclusive statutory authority for the regulation by 
     the Federal Government of any discharge or emission that is 
     covered under the International Convention for the Prevention 
     of Pollution from Ships, 1973, as modified by the Protocol of 
     1978, done at London February 17, 1978. Nothing in this title 
     may be construed to alter or amend such Act or any regulation 
     issued pursuant to the authority of such Act.
       (d) Title X of the Coast Guard and Maritime Transportation 
     Act of 2010.--Title X of the Coast Guard and Maritime 
     Transportation Act of 2010 (33 U.S.C. 3801 et seq.) shall be 
     the exclusive statutory authority for the regulation by the 
     Federal Government of any anti-fouling system that is covered 
     under the International Convention on the Control of Harmful 
     Anti-Fouling Systems on Ships, 2001. Nothing in this title 
     may be construed to alter or amend such title X or any 
     regulation issued pursuant to the authority under such title.

     SEC. 612. CONFORMING AMENDMENT.

       Section 1205 of the Nonindigenous Aquatic Nuisance 
     Prevention and Control Act of 1990 (16 U.S.C. 1425) is 
     repealed.

     SEC. 613. SAVINGS PROVISION.

       Any action taken by the Federal Government under this Act 
     shall be in full compliance with its obligations under 
     applicable provisions of international law.
                                 ______
                                 
  SA 3171. Ms. HEITKAMP submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. INCORPORATING RETROSPECTIVE REVIEW INTO NEW MAJOR 
                   RULES.

       (a) Definitions.--In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Office of Information and Regulatory Affairs of the 
     Office of Management and Budget;
       (2) the terms ``agency'', ``rule'', and ``rule making'' 
     have the meanings given those terms in section 551 of title 
     5, United States Code;
       (3) the term ``covered major rule'' means major a rule that 
     is promulgated by an agency in accordance with authority 
     provided under this Act or any amendments made by this Act; 
     and
       (4) the term ``major rule'' means any rule that the 
     Administrator finds has resulted in or is likely to result 
     in--
       (A) an annual effect on the economy of $100,000,000 or 
     more;
       (B) a major increase in costs or prices for consumers, 
     individual industries, Federal, State, or local government 
     agencies, or geographic regions; or
       (C) significant adverse effects on competition, employment, 
     investment, productivity, innovation, or on the ability of 
     United States-based enterprises to compete with foreign-based 
     enterprises in domestic and export markets.
       (b) Major Rule Frameworks.--
       (1) In general.--Beginning 180 days after the date of 
     enactment of this Act, when an agency publishes in the 
     Federal Register--
       (A) a proposed covered major rule, the agency shall include 
     a clear statement of the regulatory objectives of the covered 
     major rule and a general description of how the agency 
     intends to measure the effectiveness of the covered major 
     rule; or
       (B) a final covered major rule, the agency shall include a 
     framework for assessing the covered major rule under 
     paragraph (2), which shall include--
       (i) a clear statement of the regulatory objectives of the 
     covered major rule, including a summary of the societal 
     benefit and cost of the covered major rule;
       (ii) the methodology by which the agency plans to analyze 
     the covered major rule, including metrics by which the agency 
     can measure--

       (I) the effectiveness and benefits of the covered major 
     rule in producing the regulatory objectives of the covered 
     major rule; and
       (II) the impacts, including any costs, of the covered major 
     rule on regulated and other impacted entities;

       (iii) a plan for gathering data regarding the metrics 
     described in clause (ii) on an ongoing basis, or at periodic 
     times, including a method by which the agency will invite the 
     public to participate in the review process and seek input 
     from other agencies; and
       (iv) a specific time frame, as appropriate to the covered 
     major rule and not more than 10 years after the effective 
     date of the covered major rule, under which the agency shall

[[Page S441]]

     conduct the assessment of the covered major rule in 
     accordance with paragraph (2)(A).
       (2) Assessment.--
       (A) In general.--Each agency shall assess the data 
     collected under paragraph (1)(B)(iii), using the methodology 
     set forth in paragraph (1)(B)(ii) or any other appropriate 
     methodology developed after the issuance of a final covered 
     major rule to better determine whether the regulatory 
     objective was achieved, with respect to a covered major 
     rule--
       (i) to analyze how the actual benefits and costs of the 
     covered major rule may have varied from those anticipated at 
     the time the covered major rule was issued; and
       (ii) to determine whether--

       (I) the covered major rule is accomplishing its regulatory 
     objective;
       (II) the covered major rule has been rendered unnecessary, 
     taking into consideration--

       (aa) changes in the subject area affected by the covered 
     major rule; and
       (bb) whether the covered major rule overlaps, duplicates, 
     or conflicts with other rules or, to the extent feasible, 
     State and local government regulations;

       (III) the covered major rule needs to be strengthened in 
     order to accomplish the regulatory objective; and
       (IV) other alternatives to the covered major rule or 
     modification of the covered major rule could better achieve 
     the regulatory objective while imposing a smaller burden on 
     society or increase net benefits, taking into consideration 
     any cost already incurred.

       (B) Different methodology.--If an agency uses a methodology 
     other than the methodology set forth in paragraph (1)(B)(ii) 
     to assess data under subparagraph (A), the agency shall 
     include as part of the notice required under subparagraph (D) 
     an explanation of the changes in circumstances that 
     necessitated the use of that other methodology.
       (C) Subsequent assessments.--
       (i) In general.--Except as provided in clause (ii), if, 
     after an assessment of a covered major rule under 
     subparagraph (A), an agency determines that the covered major 
     rule will remain in effect with or without modification, the 
     agency shall--

       (I) determine a specific time, as appropriate to the 
     covered major rule and not more than 10 years after the 
     publication of the results of the previous assessment, under 
     which the agency shall conduct another assessment of the 
     covered major rule in accordance with subparagraph (A); and
       (II) if the assessment conducted under subclause (I) does 
     not result in a repeal of the covered major rule, 
     periodically assess the covered major rule in accordance with 
     subparagraph (A) to ensure the covered major rule continues 
     to meet the regulatory objective.

       (ii) Exemption.--The Administrator may exempt an agency 
     from conducting a subsequent assessment of a covered major 
     rule under clause (i) if the Administrator determines that 
     there is a foreseeable and apparent need for the covered 
     major rule beyond the time frame required under clause 
     (i)(I).
       (D) Publication.--Not later than 180 days after the date on 
     which an agency completes an assessment of a covered major 
     rule under subparagraph (A), the agency shall publish a 
     notice of availability of the results of the assessment in 
     the Federal Register, including the specific time for any 
     subsequent assessment of the covered major rule under 
     subparagraph (C)(i), if applicable.
       (3) OMB oversight.--The Administrator shall--
       (A) issue guidance for agencies regarding the development 
     of the framework under paragraph (1) and the conduct of the 
     assessments under paragraph (2)(A);
       (B) oversee the timely compliance of agencies with this 
     subsection;
       (C) ensure that the results of each assessment conducted 
     under paragraph (2)(A) are--
       (i) published promptly on a centralized Federal website; 
     and
       (ii) noticed in the Federal Register in accordance with 
     paragraph (2)(D);
       (D) encourage and assist agencies to streamline and 
     coordinate the assessment of covered major rules with similar 
     or related regulatory objectives;
       (E) exempt an agency from including the framework required 
     under paragraph (1)(B) when publishing a final covered major 
     rule, if the agency did not issue a notice of proposed rule 
     making for the covered major rule in order to provide a 
     timely response to an emergency or comply with a statutorily 
     imposed deadline, in accordance with paragraph (5)(B); and
       (F) extend the deadline specified by an agency for an 
     assessment of a covered major rule under paragraph (1)(B)(iv) 
     or paragraph (2)(C)(i)(I) for a period of not more than 90 
     days if the agency justifies why the agency is unable to 
     complete the assessment by that deadline.
       (4) Rule of construction.--Nothing in this subsection shall 
     be construed to affect--
       (A) the authority of an agency to assess or modify a 
     covered major rule of the agency earlier than the end of the 
     time frame specified for the covered major rule under 
     paragraph (1)(B)(iv); or
       (B) any other provision of law that requires an agency to 
     conduct retrospective reviews of rules issued by the agency.
       (5) Applicability.--
       (A) In general.--This subsection shall not apply to--
       (i) a covered major rule of an agency for which the agency 
     is required to conduct a retrospective review under any other 
     provision of law that meets or exceeds the requirements of 
     this subsection, as determined by the Administrator;
       (ii) interpretative rules, general statements of policy, or 
     rules of agency organization, procedure, or practice; or
       (iii) routine and administrative rules.
       (B) Direct and interim final covered major rule.--In the 
     case of a covered major rule of an agency for which the 
     agency is not required to issue a notice of proposed rule 
     making in response to an emergency or a statutorily imposed 
     deadline, the agency shall publish the framework required 
     under paragraph (1)(B) in the Federal Register not later than 
     6 months after the date on which the agency publishes the 
     final covered major rule.
       (6) Judicial review.--
       (A) In general.--Judicial review of agency compliance with 
     this subsection is limited to--
       (i) whether an agency published the framework for 
     assessment of a covered major rule in accordance with 
     paragraph (1); and
       (ii) whether an agency completed and published the required 
     assessment of a covered major rule in accordance with 
     subparagraphs (A) and (D) of paragraph (2).
       (B) Remedy available.--In granting relief in an action 
     brought under subparagraph (A), the court may only issue an 
     order remanding the covered major rule to the agency to 
     comply with paragraph (1) or subparagraph (A) or (D) of 
     paragraph (2), as applicable.
       (C) Effective date of covered major rule.--If, in an action 
     brought under subparagraph (A)(i), a court determines that 
     the agency did not comply, the covered major rule shall take 
     effect notwithstanding any order issued by the court.
       (D) Administrator.--Any determination, action, or inaction 
     of the Administrator shall not be subject to judicial review.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______
                                 
  SA 3172. Ms. HEITKAMP (for herself and Mr. Franken) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 44__. INDIAN ENERGY OFFICE.

       Section 2602(a) of the Energy Policy Act of 1992 (25 U.S.C. 
     3502(a)) is amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Indian energy regulatory office.--
       ``(A) Establishment.--To assist the Secretary in carrying 
     out the Program, the Secretary shall establish within the 
     office of the Deputy Secretary an Indian Energy Regulatory 
     Office (referred to in this paragraph as the `Office'), to be 
     located in Denver, Colorado.
       ``(B) Existing resources.--The Office shall use the 
     existing resources of the Division of Energy and Mineral 
     Development of the Office of Indian Energy and Economic 
     Development.
       ``(C) Director.--The Office shall be led by a Director who 
     shall--
       ``(i) be compensated at a rate equal to that of level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code; and
       ``(ii) report directly to the Deputy Secretary.
       ``(D) Functions.--The Office shall serve as a new Regional 
     Office within the Bureau of Indian Affairs, which an energy-
     producing Indian tribe may select to replace the existing 
     Regional Office of the Indian tribe--
       ``(i) notwithstanding any other law, to oversee, 
     coordinate, process and approve all Federal leases, 
     easements, rights-of-way, permits, policies, environmental 
     reviews, and any other authorities related to energy 
     development on Indian land;
       ``(ii)(I) to support review and evaluation by Agency 
     Offices of the Bureau of Indian Affairs and Indian tribes 
     of--
       ``(aa) energy proposals, permits, mineral leases, and 
     rights-of-way; and
       ``(bb) Mineral Agreements entered into under section 3 of 
     the Indian Mineral Development Act of 1982 (25 U.S.C. 2102) 
     for final approval; and
       ``(II) to conduct environmental reviews and surface 
     monitoring for the activities described in items (aa) and 
     (bb) of subclause (I);
       ``(iii) to review and prepare Applications for Permits to 
     Drill, communitization agreements, and well spacing proposals 
     for approval;
       ``(iv) to provide production monitoring, inspection, and 
     enforcement;
       ``(v) to oversee drainage issues;
       ``(vi) to provide energy-related technical assistance and 
     financial management training to Agency Offices of the Bureau 
     of Indian Affairs and Indian tribes;
       ``(vii) to develop best practices in the area of Indian 
     energy development, including standardizing energy 
     development processes, procedures, and forms among Agency and

[[Page S442]]

     Regional Offices of the Bureau of Indian Affairs;
       ``(viii) to minimize delays and obstacles to Indian energy 
     development; and
       ``(ix) to provide technical assistance to Indian tribes in 
     the areas of energy-related engineering, environmental 
     analysis, management, and oversight of energy development, 
     assessment of energy development resources, proposals and 
     financing, and development of conventional and renewable 
     energy resources.
       ``(E) Relationship to bureau of indian affairs regional and 
     agency offices.--
       ``(i) In general.--The Office shall have the authority to 
     review and approve all energy-related matters for Indian 
     tribes that select to use the Office under subparagraph (D), 
     without subsequent or duplicative review and approval by 
     other Agency or Regional Offices of the Bureau of Indian 
     Affairs or other agencies of the Department of the Interior.
       ``(ii) Non-energy related matters.--Nothing in this 
     paragraph affects the authority or duty of Regional Offices 
     of the Bureau of Indian Affairs to oversee, support, and 
     provide approvals for non-energy related matters.
       ``(iii) Regional and local services.--Nothing in this 
     paragraph affects the authority or duty of Agency Offices of 
     the Bureau of Indian Affairs and State and Field Offices of 
     the Bureau of Land Management to provide regional and local 
     services related to Indian energy development, including 
     local realty functions, on-site evaluations and inspections, 
     direct services as requested by Indian tribes and individual 
     Indians, and any other local functions related to energy 
     development on Indian land.
       ``(iv) Technical assistance.--The Office shall provide 
     technical assistance and support to the Bureau of Indian 
     Affairs and the Bureau of Land Management in all areas 
     related to energy development on Indian land.
       ``(F) Designation of interior staff.--
       ``(i) In general.--The Secretary shall designate and 
     transfer to the Office existing staff and resources from--

       ``(I) the Division of Energy and Mineral Development of the 
     Office of Indian Energy and Economic Development and other 
     applicable offices of the Bureau of Indian Affairs;
       ``(II) the Bureau of Land Management;
       ``(III) the Office of Valuation Services;
       ``(IV) the Office of Natural Resources Revenue;
       ``(V) the United States Fish and Wildlife Service;
       ``(VI) the Office of Special Trustee;
       ``(VII) the Office of the Solicitor;
       ``(VIII) the Office of Surface Mining, including mining 
     engineering and minerals realty specialists; and
       ``(IX) any other agency or office of the Department of the 
     Interior involved in energy development on Indian land.

       ``(ii) Functions.--Staff and resources transferred under 
     clause (i) shall provide for--

       ``(I) review, processing, and approval of permits and 
     regulatory matters under--

       ``(aa) the Act of February 5, 1948 (commonly known as the 
     `Indian Right-of-Way Act') (25 U.S.C. 323 et seq.);
       ``(bb) the Act of May 11, 1938 (commonly known as the 
     `Indian Mineral Leasing Act of 1938') (25 U.S.C. 396a et 
     seq.);
       ``(cc) the first section of the Act of August 9, 1955 (25 
     U.S.C. 415);
       ``(dd) the Indian Mineral Development Act of 1982 (25 
     U.S.C. 2101 et seq.);
       ``(ee) this title;
       ``(ff) the Surface Mining Control and Reclamation Act of 
     1977 (30 U.S.C. 1201 et seq.);
       ``(gg) part 162 of title 25, Code of Federal Regulations 
     (relating to leases and permits) (or successor regulations);
       ``(hh) part 169 of title 25, Code of Federal Regulations 
     (relating to rights-of-way over Indian lands) (or successor 
     regulations); and
       ``(ii) the Act of June 28, 1906 (34 Stat. 539, chapter 
     3572) (commonly known as the `Osage Allotment Act');

       ``(II) consultations and preparation of biological opinions 
     under section 7 of the Endangered Species Act of 1973 (16 
     U.S.C. 1536);
       ``(III) preparation of environmental impact statements or 
     similar analyses required under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
       ``(IV) technical assistance and training for various forms 
     of energy development on Indian land.

       ``(G) Management of indian land.--The Director shall ensure 
     that--
       ``(i) all environmental reviews and permitting decisions--

       ``(I) comply with the unique legal relationship between the 
     United States and Indian tribal governments (as set forth in 
     the Constitution of the United States, treaties, statutes, 
     Executive orders, and court decisions); and
       ``(II) are exercised in a manner that promotes tribal 
     authority over Indian land, consistent with the policy of the 
     Federal Government supporting Indian self-determination;

       ``(ii) Indian land shall not be--

       ``(I) considered to be Federal public land or part of the 
     public domain; or
       ``(II) be managed in accordance with Federal public land 
     laws and policies; and

       ``(iii) leases approved shall provide Indian tribes and 
     Indian mineral owners with the maximum governmental and 
     economic benefits associated with mineral leasing and 
     development, including all revenue derived from mineral 
     leasing and development, to encourage tribal self-
     determination and economic development on Indian land.
       ``(H) Indian self-determination.--Programs and services 
     operated by the Office shall be provided pursuant to 
     contracts and grants awarded under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.).
       ``(I) Transfer of funds.--
       ``(i) In general.--To fund the Office for a period not to 
     exceed 2 years, the Secretary shall transfer such funds as 
     are necessary from the annual budgets of--

       ``(I) the Bureau of Indian Affairs;
       ``(II) the United States Fish and Wildlife Service;
       ``(III) the Bureau Land Management;
       ``(IV) the Office of Surface Mining;
       ``(V) the Office of Natural Resources Revenue; and
       ``(VI) the Office of Mineral Valuation.

       ``(ii) Base budget.--At the end of the period described in 
     clause (i), the combined total of the funds transferred under 
     that clause shall serve as the base budget for the Office.
       ``(J) Appropriations offset.--All fees generated from 
     Applications for Permits to Drill, inspection, nonproducing 
     acreage, or any other fees related to energy development on 
     Indian land--
       ``(i) shall, beginning on the date the Office is opened, be 
     transferred to the budget of the Office; and
       ``(ii) may be used to advance or fulfill any of the stated 
     duties and purposes of the Office.
       ``(K) Report.--The Office shall--
       ``(i) keep detailed records documenting the activities of 
     the Office; and
       ``(ii) annually submit to Congress a report detailing--

       ``(I) the number and type of Federal approvals granted;
       ``(II) the time taken to process each type of application;
       ``(III) the need for additional similar offices to be 
     located in other regions; and
       ``(IV) proposed changes in existing law to facilitate the 
     development of energy resources on Indian land and improve 
     oversight of energy development on Indian land.

       ``(L) Coordination with additional federal agencies.--Not 
     later than 1 year after establishing the Office, the 
     Secretary shall enter into a memorandum of understanding to 
     coordinate and streamline energy-related permits with--
       ``(i) the Administrator of the Environmental Protection 
     Agency;
       ``(ii) the Assistant Secretary of the Army for Civil Works; 
     and
       ``(iii) the Secretary of Agriculture.''.
                                 ______
                                 
  SA 3173. Ms. HEITKAMP (for herself and Mr. Booker) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 302, between lines 14 and 15, insert the following:

     SEC. 3401. SENSE OF THE SENATE ON CARBON CAPTURE, USE, AND 
                   STORAGE DEVELOPMENT AND DEPLOYMENT.

       It is the sense of the Senate that--
       (1) carbon capture, use, and storage deployment is--
       (A) an important part clean energy future and smart 
     research and development investments of the United States; 
     and
       (B) critical--
       (i) to increasing the energy security of the United States;
       (ii) to reducing emissions; and
       (iii) to maintaining a diverse and reliable energy 
     resource;
       (2) the fossil energy programs of the Department should 
     continue to focus on research and development of technologies 
     that will improve the capture, transportation, use, including 
     for the production, through biofixation, of carbon-containing 
     products, and injection processes essential for carbon 
     capture, use, and storage activities in the electrical and 
     industrial sectors;
       (3) the Secretary should continue to partner with the 
     private sector and explore avenues to bring down the cost of 
     carbon capture, including through loans, grants, and 
     sequestration credits to help make carbon capture, use, and 
     storage technologies more competitive compared to other 
     technologies that are a part of the clean energy future of 
     the United States; and
       (4) the Secretary should continue to work on existing, and 
     expand on, international partnerships, agreements, projects, 
     and information sharing activities of the Secretary to 
     develop the latest and most cutting-edge carbon capture, use, 
     and storage technologies for the electrical and industrial 
     sectors.

       On page 302, line 15, strike ``3401'' and insert ``3402''.
       On page 302, line 21, strike ``3402'' and insert ``3403''.
       On page 311, between lines 7 and 8, insert the following:

     SEC. 3404. CONTRACTING AUTHORITY OF SECRETARY.

       (a) Definition of Electric Generation Unit.--In this 
     section, the term ``electric generation unit'' means an 
     electric generation unit that--

[[Page S443]]

       (1) uses coal-based generation technology; and
       (2) is capable of capturing carbon dioxide emissions from 
     the unit.
       (b) Contracting Authority.--The Secretary may enter into 
     binding contracts, on behalf of the Federal Government, with 
     qualified parties to provide price stabilization support for 
     projects that capture carbon dioxide from certain industrial 
     sources or projects that capture carbon dioxide from an 
     electric generation unit and which captured carbon dioxide is 
     sold to a purchaser for--
       (1) the recovery of crude oil; or
       (2) other purposes for which a commercial market exists.
       (c) Term.--The term of a contract entered into under 
     subsection (b) shall not exceed 25 years.
       (d) Notification.--The Secretary shall notify Congress of--
       (1) the intent of the Secretary to negotiate and enter into 
     a price stabilization contract by the date that is not later 
     than 30 days before negotiations begin; and
       (2) the final terms of the contract, information on the 
     range of overall costs for the project covered by the 
     contract, and the range of potential costs and scenarios of 
     the contract by the date that is not later than 30 days after 
     the contract is executed.
       (e) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress a report detailing--
       (1) how the Secretary would establish, implement, and 
     maintain the price stabilization contracting program 
     described in this section; and
       (2) options for how price stabilization contracts under 
     this section may be structured.
       (f) Regulations.--Not later than 180 days after submission 
     of the report under subsection (e), the Secretary shall 
     promulgate regulations to establish and implement the price 
     stabilization contracting program described in this section.
       (g) Implementation.--Not later than 2 years after the date 
     of enactment of this Act, the Secretary shall implement the 
     price stabilization contracting program described in this 
     section.
       (h) Funding.--There is authorized to be appropriated to 
     carry out this section $100,000,000 for the period of fiscal 
     years 2017 through 2021.
                                 ______
                                 
  SA 3174. Ms. HEITKAMP (for herself, Mrs. Capito, Mr. Booker, Mr. 
Whitehouse, Mr. Tester, Mr. Manchin, Mr. Blunt, and Mr. Franken) 
submitted an amendment intended to be proposed to amendment SA 2953 
proposed by Ms. Murkowski to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 302, between lines 14 and 15, insert the following:

     SEC. 3401. SENSE OF THE SENATE ON CARBON CAPTURE, USE, AND 
                   STORAGE DEVELOPMENT AND DEPLOYMENT.

       It is the sense of the Senate that--
       (1) carbon capture, use, and storage deployment is--
       (A) an important part of the clean energy future and smart 
     research and development investments of the United States; 
     and
       (B) critical--
       (i) to increasing the energy security of the United States;
       (ii) to reducing emissions; and
       (iii) to maintaining a diverse and reliable energy 
     resource;
       (2) the fossil energy programs of the Department should 
     continue to focus on research and development of technologies 
     that will improve the capture, transportation, use (including 
     for the production through biofixation of carbon-containing 
     products), and injection processes essential for carbon 
     capture, use, and storage activities in the electrical and 
     industrial sectors;
       (3) the Secretary should continue to partner with the 
     private sector and explore avenues to bring down the cost of 
     carbon capture, including through loans, grants, and 
     sequestration credits to help make carbon capture, use, and 
     storage technologies more competitive compared to other 
     technologies that are a part of the clean energy future of 
     the United States; and
       (4) the Secretary should continue working with 
     international partners on pre-existing agreements, projects, 
     and information sharing activities of the Secretary to 
     develop the latest and most cutting-edge carbon capture, use, 
     and storage technologies for the electrical and industrial 
     sectors.
       On page 302, line 15, strike ``3401'' and insert ``3402''.
       On page 302, line 21, strike ``3402'' and insert ``3403''.
       On page 311, between lines 7 and 8, insert the following:

     SEC. 3404. REPORT ON PRICE STABILIZATION SUPPORT.

       (a) Definition of Electric Generation Unit.--In this 
     section, the term ``electric generation unit'' means an 
     electric generation unit that--
       (1) uses coal-based generation technology; and
       (2) is capable of capturing carbon dioxide emissions from 
     the unit.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall prepare and submit 
     to the appropriate committees of Congress a report--
       (1) on the benefits and costs of entering into long-term 
     binding contracts on behalf of the Federal Government with 
     qualified parties to provide price stabilization support for 
     certain industrial sources for capturing carbon dioxide from 
     electricity generated at an electric generation unit or 
     carbon dioxide captured from an electric generation unit and 
     sold to a purchaser for--
       (A) the recovery of crude oil; or
       (B) other purposes for which a commercial market exists; 
     and
       (2) that--
       (A) contains an analysis of how the Department would 
     establish, implement, and maintain a contracting program 
     described in paragraph (1); and
       (B) outlines options for how price stabilization contracts 
     may be structured and regulations that would be necessary to 
     implement a contracting program described in paragraph (1).
                                 ______
                                 
  SA 3175. Mr. BURR (for himself and Mr. Tillis) submitted an amendment 
intended to be proposed to amendment SA 2953 proposed by Ms. Murkowski 
to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 44__. WILD HORSES IN AND AROUND THE CURRITUCK NATIONAL 
                   WILDLIFE REFUGE.

       (a) Agreement Required.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of the Interior 
     (referred to in this section as the ``Secretary'') shall 
     enter into an agreement with the Corolla Wild Horse Fund (a 
     nonprofit corporation established under the laws of the State 
     of North Carolina), the County of Currituck, North Carolina, 
     and the State of North Carolina to provide for management of 
     free-roaming wild horses in and around the Currituck National 
     Wildlife Refuge.
       (2) Terms.--The agreement shall--
       (A) allow a herd of not fewer than 110 and not more than 
     130 free-roaming wild horses in and around the refuge, with a 
     target population of between 120 and 130 free-roaming wild 
     horses;
       (B) provide for cost-effective management of the horses 
     while ensuring that natural resources within the refuge are 
     not adversely impacted;
       (C) provide for introduction of a small number of free-
     roaming wild horses from the herd at Cape Lookout National 
     Seashore as is necessary to maintain the genetic viability of 
     the herd in and around the Currituck National Wildlife 
     Refuge; and
       (D) specify that the Corolla Wild Horse Fund shall pay the 
     costs associated with--
       (i) coordinating a periodic census and inspecting the 
     health of the horses;
       (ii) maintaining records of the horses living in the wild 
     and in confinement;
       (iii) coordinating the removal and placement of horses and 
     monitoring of any horses removed from the Currituck County 
     Outer Banks; and
       (iv) administering a viable population control plan for the 
     horses, including auctions, adoptions, contraceptive 
     fertility methods, and other viable options.
       (b) Conditions for Excluding Wild Horses From Refuge.--The 
     Secretary shall not exclude free-roaming wild horses from any 
     portion of the Currituck National Wildlife Refuge unless--
       (1) the Secretary finds that the presence of free-roaming 
     wild horses on a portion of that refuge threatens the 
     survival of an endangered species for which that land is 
     designated as critical habitat under the Endangered Species 
     Act of 1973 (16 U.S.C. 1531 et seq.);
       (2) the finding is based on a credible peer-reviewed 
     scientific assessment; and
       (3) the Secretary provides a period of public notice and 
     comment on that finding.
       (c) Requirements for Introduction of Horses From Cape 
     Lookout National Seashore.--During the effective period of 
     the memorandum of understanding between the National Park 
     Service and the Foundation for Shackleford Horses, Inc. (a 
     non-profit corporation organized under the laws of and doing 
     business in the State of North Carolina) signed in 2007, no 
     horse may be removed from Cape Lookout National Seashore for 
     introduction at Currituck National Wildlife Refuge except--
       (1) with the approval of the Foundation; and
       (2) consistent with the terms of the memorandum (or any 
     successor agreement) and the Management Plan for the 
     Shackleford Banks Horse Herd signed in January 2006 (or any 
     successor management plan).
       (d) No Liability Created.--Nothing in this section creates 
     liability for the United States for any damage caused by the 
     free-roaming wild horses to any person or property located 
     inside or outside the boundaries of the Currituck National 
     Wildlife Refuge.
                                 ______
                                 
  SA 3176. Mr. SCHATZ (for himself and Mr. Whitehouse) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:


[[Page S444]]


  

       At the appropriate place, insert the following:

     SEC. ___. PHASE OUT OF TAX PREFERENCES FOR FOSSIL FUELS.

       (a) Findings.--Congress finds the following:
       (1) United States tax policy has provided tax preferences, 
     such as special deductions, special tax rates, tax credits, 
     and grants in lieu of tax credits, for oil and gas production 
     for 100 years.
       (2) United States tax policy has provided tax preferences 
     for coal production for over 80 years.
       (3) In order to ensure that all sources of energy compete 
     on an equal footing, as tax credits for renewable energy are 
     phased out over the next 4 years, fossil fuel tax preferences 
     should be phased out on the same schedule.
       (b) Expensing of Intangible Drilling Costs.--Section 263 of 
     the Internal Revenue Code of 1986 is amended--
       (1) in subsection (c), by striking ``subsection (i)'' and 
     inserting ``subsections (i) and (j)'', and
       (2) by adding at the end the following new subsection:
       ``(j) Phase Out of Deduction for Intangible Drilling 
     Costs.--In the case of a dual capacity taxpayer which is a 
     major integrated oil company (within the meaning of section 
     167(h)(5)), for any intangible drilling and development costs 
     paid or incurred with respect to an oil or gas well, the 
     amount of such costs allowed as a deduction under subsection 
     (c) shall be reduced by--
       ``(1) in the case of any costs paid or incurred after 
     December 31, 2016, and before January 1, 2018, 20 percent,
       ``(2) in the case of any costs paid or incurred after 
     December 31, 2017, and before January 1, 2019, 40 percent,
       ``(3) in the case of any costs paid or incurred after 
     December 31, 2018, and before January 1, 2020, 60 percent, 
     and
       ``(4) in the case of any costs paid or incurred after 
     December 31, 2019, 100 percent.''.
       (c) Percentage Depletion for Oil and Natural Gas Wells.--
     Section 613A(d) of such Code is amended by adding at the end 
     the following new paragraph:
       ``(6) Phase out of percentage depletion for oil and natural 
     gas wells.--In the case of a dual capacity taxpayer which is 
     a major integrated oil company (within the meaning of section 
     167(h)(5)), the amount allowed as a deduction for the taxable 
     year which is attributable to the application of subsection 
     (c) (determined after the application of paragraphs (1) 
     through (5) of this subsection and without regard to this 
     paragraph) shall be reduced by--
       ``(A) in the case of any crude oil or natural gas produced 
     after December 31, 2016, and before January 1, 2018, 20 
     percent,
       ``(B) in the case of any crude oil or natural gas produced 
     after December 31, 2017, and before January 1, 2019, 40 
     percent,
       ``(C) in the case of any crude oil or natural gas produced 
     after December 31, 2018, and before January 1, 2020, 60 
     percent, and
       ``(D) in the case of any crude oil or natural gas produced 
     after December 31, 2019, 100 percent.''.
       (d) Domestic Manufacturing Deduction for Fossil Fuels.--
     Section 199(d)(9) of such Code is amended by adding at the 
     end the following new subparagraph:
       ``(D) Phase out of deduction for oil related qualified 
     production activities income.--In the case of a dual capacity 
     taxpayer which is a major integrated oil company (within the 
     meaning of section 167(h)(5)), the amount allowable as a 
     deduction under subsection (a) (determined after the 
     application of subparagraph (A) and without regard to this 
     subparagraph) shall be reduced by--
       ``(i) in the case of any oil related qualified production 
     activities income received or accrued after December 31, 
     2016, and before January 1, 2018, 20 percent,
       ``(ii) in the case of any oil related qualified production 
     activities income received or accrued after December 31, 
     2017, and before January 1, 2019, 40 percent,
       ``(iii) in the case of any oil related qualified production 
     activities income received or accrued after December 31, 
     2018, and before January 1, 2020, 60 percent, and
       ``(iv) in the case of any oil related qualified production 
     activities income received or accrued after December 31, 
     2019, 100 percent.''.
       (e) Amortization of Geological and Geophysical 
     Expenditures.--Section 167(h) of such Code is amended by 
     adding at the end the following new paragraph:
       ``(6) Phase out of amortization of geological and 
     geophysical expenditures.--In the case of a dual capacity 
     taxpayer which is a major integrated oil company (within the 
     meaning of section 167(h)(5)), the amount of geological and 
     geophysical expenses paid or incurred by a taxpayer which are 
     allowed as a deduction under this subsection (without regard 
     to this paragraph) shall be reduced by--
       ``(A) in the case of any such expenses paid or incurred 
     after December 31, 2016, and before January 1, 2018, 20 
     percent,
       ``(B) in the case of any such expenses paid or incurred 
     after December 31, 2017, and before January 1, 2019, 40 
     percent,
       ``(C) in the case of any such expenses paid or incurred 
     after December 31, 2018, and before January 1, 2020, 60 
     percent, and
       ``(D) in the case of any such expenses paid or incurred 
     after December 31, 2019, 100 percent.''.
       (f) Percentage Depletion for Oil Shale.--Section 613 of 
     such Code is amended by adding at the end the following new 
     subsection:
       ``(f) Phase Out of Percentage Depletion for Oil Shale.--In 
     the case of a dual capacity taxpayer which is a major 
     integrated oil company (within the meaning of section 
     167(h)(5)), the allowance for depletion for oil shale 
     determined under this section (without regard to this 
     subsection) shall be reduced by--
       ``(1) in the case of any income received or accrued from 
     the property after December 31, 2016, and before January 1, 
     2018, 20 percent,
       ``(2) in the case of any income received or accrued from 
     the property after December 31, 2017, and before January 1, 
     2019, 40 percent,
       ``(3) in the case of any income received or accrued from 
     the property after December 31, 2018, and before January 1, 
     2020, 60 percent, and
       ``(4) in the case of any income received or accrued from 
     the property after December 31, 2019, 100 percent.''.
       (g) Expensing of Exploration and Development Costs for Oil 
     Shale.--Section 617 of such Code is amended--
       (1) by redesignating subsection (i) as subsection (j), and
       (2) by inserting after subsection (h) the following new 
     subsection:
       ``(i) Phase Out of Expensing of Exploration and Development 
     Costs for Oil Shale.--In the case of a dual capacity taxpayer 
     which is a major integrated oil company (within the meaning 
     of section 167(h)(5)), the amount of expenditures related to 
     oil shale which are allowed as a deduction under subsection 
     (a) shall be reduced by--
       ``(1) in the case of any such expenditures paid or incurred 
     after December 31, 2016, and before January 1, 2018, 20 
     percent,
       ``(2) in the case of any such expenditures paid or incurred 
     after December 31, 2017, and before January 1, 2019, 40 
     percent,
       ``(3) in the case of any such expenditures paid or incurred 
     after December 31, 2018, and before January 1, 2020, 60 
     percent, and
       ``(4) in the case of any such expenditures paid or incurred 
     after December 31, 2019, 100 percent.''.
       (h) Capital Gains Treatment for Royalties of Coal.--Section 
     631 of such Code is amended by adding at the end the 
     following new subsection:
       ``(d) Phase Out of Capital Gains Treatment for Royalties of 
     Coal.--In the case of coal (including lignite), the amount of 
     gain or loss on the sale of such coal to which subsection (c) 
     applies shall be reduced by--
       ``(1) in the case of any such gain or loss after December 
     31, 2016, and before January 1, 2018, 20 percent,
       ``(2) in the case of any such gain or loss after December 
     31, 2017, and before January 1, 2019, 40 percent,
       ``(3) in the case of any such gain or loss after December 
     31, 2018, and before January 1, 2020, 60 percent, and
       ``(4) in the case of any such gain or loss after December 
     31, 2019, 100 percent.''.
       (i) Deduction for Tertiary Injectants.--Section 193 of such 
     Code is amended by adding at the end the following new 
     subsection:
       ``(d) Phase Out of Deduction for Tertiary Injectants.--In 
     the case of a dual capacity taxpayer which is a major 
     integrated oil company (within the meaning of section 
     167(h)(5)), the amount of qualified tertiary injectant 
     expenses allowable as a deduction under subsection (a) shall 
     be reduced by--
       ``(1) in the case of any such expenditures paid or incurred 
     after December 31, 2016, and before January 1, 2018, 20 
     percent,
       ``(2) in the case of any such expenditures paid or incurred 
     after December 31, 2017, and before January 1, 2019, 40 
     percent,
       ``(3) in the case of any such expenditures paid or incurred 
     after December 31, 2018, and before January 1, 2020, 60 
     percent, and
       ``(4) in the case of any such expenditures paid or incurred 
     after December 31, 2019, 100 percent.''.
       (j) Exception to Passive Loss Limitation for Working 
     Interests in Oil and Natural Gas Properties.--Section 469(c) 
     of such Code is amended by adding at the end the following 
     new paragraph:
       ``(8) Phase out of exception to passive loss limitation for 
     working interests in oil and natural gas properties.--In the 
     case of a dual capacity taxpayer which is a major integrated 
     oil company (within the meaning of section 167(h)(5)), for 
     any loss from a working interest in any oil or gas property, 
     the amount of such loss to which paragraph (3) applies shall 
     be reduced by--
       ``(A) in the case of any such loss after December 31, 2016, 
     and before January 1, 2018, 20 percent,
       ``(B) in the case of any such loss after December 31, 2017, 
     and before January 1, 2019, 40 percent,
       ``(C) in the case of any such loss after December 31, 2018, 
     and before January 1, 2020, 60 percent, and
       ``(D) in the case of any such loss after December 31, 2019, 
     100 percent.''.
       (k) Marginal Wells Credit.--Section 45I(d) of such Code is 
     amended by adding at the end the following new paragraph:
       ``(4) Phase out of marginal wells credit.--In the case of a 
     dual capacity taxpayer which is a major integrated oil 
     company (within the meaning of section 167(h)(5)), the amount 
     of the credit determined under subsection (a) shall be 
     reduced by--
       ``(A) in the case of any qualified crude oil production or 
     qualified natural gas production after December 31, 2016, and 
     before January 1, 2018, 20 percent,

[[Page S445]]

       ``(B) in the case of any qualified crude oil production or 
     qualified natural gas production after December 31, 2017, and 
     before January 1, 2019, 40 percent,
       ``(C) in the case of any qualified crude oil production or 
     qualified natural gas production after December 31, 2018, and 
     before January 1, 2020, 60 percent, and
       ``(D) in the case of any qualified crude oil production or 
     qualified natural gas production after December 31, 2019, 100 
     percent.''.
                                 ______
                                 
  SA 3177. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end, add the following:

TITLE VI--PROTECTING AND ENHANCING OPPORTUNITIES FOR HUNTING, FISHING, 
                       AND RECREATIONAL SHOOTING

                      Subtitle A--National Policy

     SEC. 6001. CONGRESSIONAL DECLARATION OF NATIONAL POLICY.

       (a) In General.--Congress declares that it is the policy of 
     the United States that Federal departments and agencies, in 
     accordance with the missions of the departments and agencies, 
     Executive Orders 12962 and 13443 (60 Fed. Reg. 30769 (June 7, 
     1995); 72 Fed. Reg. 46537 (August 16, 2007)), and applicable 
     law, shall--
       (1) facilitate the expansion and enhancement of hunting, 
     fishing, and recreational shooting opportunities on Federal 
     land, in consultation with the Wildlife and Hunting Heritage 
     Conservation Council, the Sport Fishing and Boating 
     Partnership Council, State and tribal fish and wildlife 
     agencies, and the public;
       (2) conserve and enhance aquatic systems and the management 
     of game species and the habitat of those species on Federal 
     land, including through hunting and fishing, in a manner that 
     respects--
       (A) State management authority over wildlife resources; and
       (B) private property rights; and
       (3) consider hunting, fishing, and recreational shooting 
     opportunities as part of all Federal plans for land, 
     resource, and travel management.
       (b) Exclusion.--In this title, the term ``fishing'' does 
     not include commercial fishing in which fish are harvested, 
     either in whole or in part, that are intended to enter 
     commerce through sale.

             Subtitle B--Sportsmen's Access to Federal Land

     SEC. 6011. DEFINITIONS.

       In this subtitle:
       (1) Federal land.--The term ``Federal land'' means--
       (A) any land in the National Forest System (as defined in 
     section 11(a) of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C. 1609(a))) that is 
     administered by the Secretary of Agriculture, acting through 
     the Chief of the Forest Service; and
       (B) public lands (as defined in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702)), the 
     surface of which is administered by the Secretary of the 
     Interior, acting through the Director of the Bureau of Land 
     Management.
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) the Secretary of Agriculture, with respect to land 
     described in paragraph (1)(A); and
       (B) the Secretary of the Interior, with respect to land 
     described in paragraph (1)(B).

     SEC. 6012. FEDERAL LAND OPEN TO HUNTING, FISHING, AND 
                   RECREATIONAL SHOOTING.

       (a) In General.--Subject to subsection (b), Federal land 
     shall be open to hunting, fishing, and recreational shooting, 
     in accordance with applicable law, unless the Secretary 
     concerned closes an area in accordance with section 6013.
       (b) Effect of Subtitle.--Nothing in this subtitle opens to 
     hunting, fishing, or recreational shooting any land that is 
     not open to those activities as of the date of enactment of 
     this Act.

     SEC. 6013. CLOSURE OF FEDERAL LAND TO HUNTING, FISHING, AND 
                   RECREATIONAL SHOOTING.

       (a) Authorization.--
       (1) In general.--Subject to paragraph (2) and in accordance 
     with section 302(b) of the Federal Land Policy and Management 
     Act of 1976 (43 U.S.C. 1732(b)), the Secretary concerned may 
     designate any area on Federal land in which, and establish 
     any period during which, for reasons of public safety, 
     administration, or compliance with applicable laws, no 
     hunting, fishing, or recreational shooting shall be 
     permitted.
       (2) Requirement.--In making a designation under paragraph 
     (1), the Secretary concerned shall designate the smallest 
     area for the least amount of time that is required for public 
     safety, administration, or compliance with applicable laws.
       (b) Closure Procedures.--
       (1) In general.--Except in an emergency, before permanently 
     or temporarily closing any Federal land to hunting, fishing, 
     or recreational shooting, the Secretary concerned shall--
       (A) consult with State fish and wildlife agencies; and
       (B) provide public notice and opportunity for comment under 
     paragraph (2).
       (2) Public notice and comment.--
       (A) In general.--Public notice and comment shall include--
       (i) a notice of intent--

       (I) published in advance of the public comment period for 
     the closure--

       (aa) in the Federal Register;
       (bb) on the website of the applicable Federal agency;
       (cc) on the website of the Federal land unit, if available; 
     and
       (dd) in at least 1 local newspaper;

       (II) made available in advance of the public comment period 
     to local offices, chapters, and affiliate organizations in 
     the vicinity of the closure that are signatories to the 
     memorandum of understanding entitled ``Federal Lands Hunting, 
     Fishing, and Shooting Sports Roundtable Memorandum of 
     Understanding''; and
       (III) that describes--

       (aa) the proposed closure; and
       (bb) the justification for the proposed closure, including 
     an explanation of the reasons and necessity for the decision 
     to close the area to hunting, fishing, or recreational 
     shooting; and
       (ii) an opportunity for public comment for a period of--

       (I) not less than 60 days for a permanent closure; or
       (II) not less than 30 days for a temporary closure.

       (B) Final decision.--In a final decision to permanently or 
     temporarily close an area to hunting, fishing, or recreation 
     shooting, the Secretary concerned shall--
       (i) respond in a reasoned manner to the comments received;
       (ii) explain how the Secretary concerned resolved any 
     significant issues raised by the comments; and
       (iii) show how the resolution led to the closure.
       (c) Temporary Closures.--
       (1) In general.--A temporary closure under this section may 
     not exceed a period of 180 days.
       (2) Renewal.--Except in an emergency, a temporary closure 
     for the same area of land closed to the same activities--
       (A) may not be renewed more than 3 times after the first 
     temporary closure; and
       (B) must be subject to a separate notice and comment 
     procedure in accordance with subsection (b)(2).
       (3) Effect of temporary closure.--Any Federal land that is 
     temporarily closed to hunting, fishing, or recreational 
     shooting under this section shall not become permanently 
     closed to that activity without a separate public notice and 
     opportunity to comment in accordance with subsection (b)(2).
       (d) Reporting.--On an annual basis, the Secretaries 
     concerned shall--
       (1) publish on a public website a list of all areas of 
     Federal land temporarily or permanently subject to a closure 
     under this section; and
       (2) submit to the Committee on Energy and Natural Resources 
     and the Committee on Agriculture, Nutrition, and Forestry of 
     the Senate and the Committee on Natural Resources and the 
     Committee on Agriculture of the House of Representatives a 
     report that identifies--
       (A) a list of each area of Federal land temporarily or 
     permanently subject to a closure;
       (B) the acreage of each closure; and
       (C) a survey of--
       (i) the aggregate areas and acreage closed under this 
     section in each State; and
       (ii) the percentage of Federal land in each State closed 
     under this section with respect to hunting, fishing, and 
     recreational shooting.
       (e) Application.--This section shall not apply if the 
     closure is--
       (1) less than 14 days in duration; and
       (2) covered by a special use permit.

     SEC. 6014. SHOOTING RANGES.

       (a) In General.--Except as provided in subsection (b), the 
     Secretary concerned may, in accordance with this section and 
     other applicable law, lease or permit the use of Federal land 
     for a shooting range.
       (b) Exception.--The Secretary concerned shall not lease or 
     permit the use of Federal land for a shooting range, within--
       (1) a component of the National Landscape Conservation 
     System;
       (2) a component of the National Wilderness Preservation 
     System;
       (3) any area that is--
       (A) designated as a wilderness study area;
       (B) administratively classified as--
       (i) wilderness-eligible; or
       (ii) wilderness-suitable; or
       (C) a primitive or semiprimitive area;
       (4) a national monument, national volcanic monument, or 
     national scenic area; or
       (5) a component of the National Wild and Scenic Rivers 
     System (including areas designated for study for potential 
     addition to the National Wild and Scenic Rivers System).

     SEC. 6015. FEDERAL ACTION TRANSPARENCY.

       (a) Modification of Equal Access to Justice Provisions.--
       (1) Agency proceedings.--Section 504 of title 5, United 
     States Code, is amended--
       (A) in subsection (c)(1), by striking ``, United States 
     Code'';
       (B) by redesignating subsection (f) as subsection (i); and
       (C) by striking subsection (e) and inserting the following:
       ``(e)(1) Not later than March 31 of the first fiscal year 
     beginning after the date of enactment of the Energy Policy 
     Modernization Act of 2016, and every fiscal year thereafter,

[[Page S446]]

     the Chairman of the Administrative Conference of the United 
     States, after consultation with the Chief Counsel for 
     Advocacy of the Small Business Administration, shall submit 
     to Congress and make publicly available online a report on 
     the amount of fees and other expenses awarded during the 
     preceding fiscal year under this section.
       ``(2) Each report under paragraph (1) shall describe the 
     number, nature, and amount of the awards, the claims involved 
     in the controversy, and any other relevant information that 
     may aid Congress in evaluating the scope and impact of such 
     awards.
       ``(3)(A) Each report under paragraph (1) shall account for 
     all payments of fees and other expenses awarded under this 
     section that are made pursuant to a settlement agreement, 
     regardless of whether the settlement agreement is sealed or 
     otherwise subject to a nondisclosure provision.
       ``(B) The disclosure of fees and other expenses required 
     under subparagraph (A) shall not affect any other information 
     that is subject to a nondisclosure provision in a settlement 
     agreement.
       ``(f) As soon as practicable, and in any event not later 
     than the date on which the first report under subsection 
     (e)(1) is required to be submitted, the Chairman of the 
     Administrative Conference of the United States shall create 
     and maintain online a searchable database containing, with 
     respect to each award of fees and other expenses under this 
     section made on or after the date of enactment of the Energy 
     Policy Modernization Act of 2016, the following information:
       ``(1) The case name and number of the adversary 
     adjudication, if available, hyperlinked to the case, if 
     available.
       ``(2) The name of the agency involved in the adversary 
     adjudication.
       ``(3) A description of the claims in the adversary 
     adjudication.
       ``(4) The name of each party to whom the award was made as 
     such party is identified in the order or other court document 
     making the award.
       ``(5) The amount of the award.
       ``(6) The basis for the finding that the position of the 
     agency concerned was not substantially justified.
       ``(g) The online searchable database described in 
     subsection (f) may not reveal any information the disclosure 
     of which is prohibited by law or a court order.
       ``(h) The head of each agency shall provide to the Chairman 
     of the Administrative Conference of the United States in a 
     timely manner all information requested by the Chairman to 
     comply with the requirements of subsections (e), (f), and 
     (g).''.
       (2) Court cases.--Section 2412(d) of title 28, United 
     States Code, is amended by adding at the end the following:
       ``(5)(A) Not later than March 31 of the first fiscal year 
     beginning after the date of enactment of the Energy Policy 
     Modernization Act of 2016, and every fiscal year thereafter, 
     the Chairman of the Administrative Conference of the United 
     States shall submit to Congress and make publicly available 
     online a report on the amount of fees and other expenses 
     awarded during the preceding fiscal year pursuant to this 
     subsection.
       ``(B) Each report under subparagraph (A) shall describe the 
     number, nature, and amount of the awards, the claims involved 
     in the controversy, and any other relevant information that 
     may aid Congress in evaluating the scope and impact of such 
     awards.
       ``(C)(i) Each report under subparagraph (A) shall account 
     for all payments of fees and other expenses awarded under 
     this subsection that are made pursuant to a settlement 
     agreement, regardless of whether the settlement agreement is 
     sealed or otherwise subject to a nondisclosure provision.
       ``(ii) The disclosure of fees and other expenses required 
     under clause (i) shall not affect any other information that 
     is subject to a nondisclosure provision in a settlement 
     agreement.
       ``(D) The Chairman of the Administrative Conference of the 
     United States shall include and clearly identify in each 
     annual report under subparagraph (A), for each case in which 
     an award of fees and other expenses is included in the 
     report--
       ``(i) any amounts paid under section 1304 of title 31 for a 
     judgment in the case;
       ``(ii) the amount of the award of fees and other expenses; 
     and
       ``(iii) the statute under which the plaintiff filed suit.
       ``(6) As soon as practicable, and in any event not later 
     than the date on which the first report under paragraph 
     (5)(A) is required to be submitted, the Chairman of the 
     Administrative Conference of the United States shall create 
     and maintain online a searchable database containing, with 
     respect to each award of fees and other expenses under this 
     subsection made on or after the date of enactment of the 
     Energy Policy Modernization Act of 2016, the following 
     information:
       ``(A) The case name and number, hyperlinked to the case, if 
     available.
       ``(B) The name of the agency involved in the case.
       ``(C) The name of each party to whom the award was made as 
     such party is identified in the order or other court document 
     making the award.
       ``(D) A description of the claims in the case.
       ``(E) The amount of the award.
       ``(F) The basis for the finding that the position of the 
     agency concerned was not substantially justified.
       ``(7) The online searchable database described in paragraph 
     (6) may not reveal any information the disclosure of which is 
     prohibited by law or a court order.
       ``(8) The head of each agency (including the Attorney 
     General of the United States) shall provide to the Chairman 
     of the Administrative Conference of the United States in a 
     timely manner all information requested by the Chairman to 
     comply with the requirements of paragraphs (5), (6), and 
     (7).''.
       (3) Technical and conforming amendments.--Section 2412 of 
     title 28, United States Code, is amended--
       (A) in subsection (d)(3), by striking ``United States 
     Code,''; and
       (B) in subsection (e)--
       (i) by striking ``of section 2412 of title 28, United 
     States Code,'' and inserting ``of this section''; and
       (ii) by striking ``of such title'' and inserting ``of this 
     title''.
       (b) Judgment Fund Transparency.--Section 1304 of title 31, 
     United States Code, is amended by adding at the end the 
     following:
       ``(d) Beginning not later than the date that is 60 days 
     after the date of enactment of the Energy Policy 
     Modernization Act of 2016, and unless the disclosure of such 
     information is otherwise prohibited by law or a court order, 
     the Secretary of the Treasury shall make available to the 
     public on a website, as soon as practicable, but not later 
     than 30 days after the date on which a payment under this 
     section is tendered, the following information with regard to 
     that payment:
       ``(1) The name of the specific agency or entity whose 
     actions gave rise to the claim or judgment.
       ``(2) The name of the plaintiff or claimant.
       ``(3) The name of counsel for the plaintiff or claimant.
       ``(4) The amount paid representing principal liability, and 
     any amounts paid representing any ancillary liability, 
     including attorney fees, costs, and interest.
       ``(5) A brief description of the facts that gave rise to 
     the claim.
       ``(6) The name of the agency that submitted the claim.''.

       Subtitle C--Filming on Federal Land Management Agency Land

     SEC. 6021. COMMERCIAL FILMING.

       (a) In General.--Section 1 of Public Law 106-206 (16 U.S.C. 
     460l-6d) is amended--
       (1) by redesignating subsections (a) through (f) as 
     subsections (b) through (g), respectively;
       (2) by inserting before subsection (b) (as so redesignated) 
     the following:
       ``(a) Definition of Secretary.--The term `Secretary' means 
     the Secretary of the Interior or the Secretary of 
     Agriculture, as applicable, with respect to land under the 
     respective jurisdiction of the Secretary.'';
       (3) in subsection (b) (as so redesignated)--
       (A) in paragraph (1)--
       (i) in the first sentence, by striking ``of the Interior or 
     the Secretary of Agriculture (hereafter individually referred 
     to as the `Secretary' with respect to land (except land in a 
     System unit as defined in section 100102 of title 54, United 
     States Code) under their respective jurisdictions)''; and
       (ii) in subparagraph (B), by inserting ``, except in the 
     case of film crews of 3 or fewer individuals'' before the 
     period at the end; and
       (B) by adding at the end the following:
       ``(3) Fee schedule.--Not later than 180 days after the date 
     of enactment of the Energy Policy Modernization Act of 2016, 
     to enhance consistency in the management of Federal land, the 
     Secretaries shall publish a single joint land use fee 
     schedule for commercial filming and still photography.'';
       (4) in subsection (c) (as so redesignated), in the second 
     sentence, by striking ``subsection (a)'' and inserting 
     ``subsection (b)'';
       (5) in subsection (d) (as so redesignated), in the heading, 
     by inserting ``Commercial'' before ``Still'';
       (6) in paragraph (1) of subsection (f) (as so 
     redesignated), by inserting ``in accordance with the Federal 
     Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.),'' 
     after ``without further appropriation,'';
       (7) in subsection (g) (as so redesignated)--
       (A) by striking ``The Secretary shall'' and inserting the 
     following:
       ``(1) In general.--The Secretary shall''; and
       (B) by adding at the end the following:
       ``(2) Considerations.--The Secretary shall not consider 
     subject matter or content as a criterion for issuing or 
     denying a permit under this Act.''; and
       (8) by adding at the end the following:
       ``(h) Exemption From Commercial Filming or Still 
     Photography Permits and Fees.--The Secretary shall not 
     require persons holding commercial use authorizations or 
     special recreation permits to obtain an additional permit or 
     pay a fee for commercial filming or still photography under 
     this Act if the filming or photography conducted is--
       ``(1) incidental to the permitted activity that is the 
     subject of the commercial use authorization or special 
     recreation permit; and
       ``(2) the holder of the commercial use authorization or 
     special recreation permit is an individual or small business 
     concern (within the meaning of section 3 of the Small 
     Business Act (15 U.S.C. 632)).
       ``(i) Exception From Certain Fees.--Commercial filming or 
     commercial still photography shall be exempt from fees under 
     this Act, but not from recovery of costs under subsection 
     (c), if the activity--
       ``(1) is conducted by an entity that is a small business 
     concern (within the meaning of section 3 of the Small 
     Business Act (15 U.S.C. 632));
       ``(2) is conducted by a crew of not more than 3 
     individuals; and

[[Page S447]]

       ``(3) uses only a camera and tripod.
       ``(j) Applicability to News Gathering Activities.--
       ``(1) In general.--News gathering shall not be considered a 
     commercial activity.
       ``(2) Included activities.--In this subsection, the term 
     `news gathering' includes, at a minimum, the gathering, 
     recording, and filming of news and information related to 
     news in any medium.''.
       (b) Conforming Amendments.--Chapter 1009 of title 54, 
     United States Code, is amended--
       (1) by striking section 100905; and
       (2) in the table of sections for chapter 1009 of title 54, 
     United States Code, by striking the item relating to section 
     100905.

  Subtitle D--Bows, Wildlife Management, and Access Opportunities for 
                    Recreation, Hunting, and Fishing

     SEC. 6031. BOWS IN PARKS.

       (a) In General.--Chapter 1049 of title 54, United States 
     Code (as amended by section 5001(a)), is amended by adding at 
     the end the following:

     ``Sec. 104909. Bows in parks

       ``(a) Definition of Not Ready for Immediate Use.--The term 
     `not ready for immediate use' means--
       ``(1) a bow or crossbow, the arrows of which are secured or 
     stowed in a quiver or other arrow transport case; and
       ``(2) with respect to a crossbow, uncocked.
       ``(b) Vehicular Transportation Authorized.--The Director 
     shall not promulgate or enforce any regulation that prohibits 
     an individual from transporting bows and crossbows that are 
     not ready for immediate use across any System unit in the 
     vehicle of the individual if--
       ``(1) the individual is not otherwise prohibited by law 
     from possessing the bows and crossbows;
       ``(2) the bows or crossbows that are not ready for 
     immediate use remain inside the vehicle of the individual 
     throughout the period during which the bows or crossbows are 
     transported across System land; and
       ``(3) the possession of the bows and crossbows is in 
     compliance with the law of the State in which the System unit 
     is located.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     1049 of title 54, United States Code (as amended by section 
     5001(b)), is amended by inserting after the item relating to 
     section 104908 the following:

``104909. Bows in parks.''.

     SEC. 6032. WILDLIFE MANAGEMENT IN PARKS.

       (a) In General.--Chapter 1049 of title 54, United States 
     Code (as amended by section 6031(a)), is amended by adding at 
     the end the following:

     ``SEC. 104910. WILDLIFE MANAGEMENT IN PARKS.

       ``(a) Use of Qualified Volunteers.--If the Secretary 
     determines it is necessary to reduce the size of a wildlife 
     population on System land in accordance with applicable law 
     (including regulations), the Secretary may use qualified 
     volunteers to assist in carrying out wildlife management on 
     System land.
       ``(b) Requirements for Qualified Volunteers.--Qualified 
     volunteers providing assistance under subsection (a) shall be 
     subject to--
       ``(1) any training requirements or qualifications 
     established by the Secretary; and
       ``(2) any other terms and conditions that the Secretary may 
     require.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     1049 of title 54 (as amended by section 6031(b)), United 
     States Code, is amended by inserting after the item relating 
     to section 104909 the following:

``104910. Wildlife management in parks.''.

     SEC. 6033. IDENTIFYING OPPORTUNITIES FOR RECREATION, HUNTING, 
                   AND FISHING ON FEDERAL LAND.

       (a) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means--
       (A) the Secretary of the Interior, with respect to land 
     administered by--
       (i) the Director of the National Park Service;
       (ii) the Director of the United States Fish and Wildlife 
     Service; and
       (iii) the Director of the Bureau of Land Management; and
       (B) the Secretary of Agriculture, with respect to land 
     administered by the Chief of the Forest Service.
       (2) State or regional office.--The term ``State or regional 
     office'' means--
       (A) a State office of the Bureau of Land Management; or
       (B) a regional office of--
       (i) the National Park Service;
       (ii) the United States Fish and Wildlife Service; or
       (iii) the Forest Service.
       (3) Travel management plan.--The term ``travel management 
     plan'' means a plan for the management of travel--
       (A) with respect to land under the jurisdiction of the 
     National Park Service, on park roads and designated routes 
     under section 4.10 of title 36, Code of Federal Regulations 
     (or successor regulations);
       (B) with respect to land under the jurisdiction of the 
     United States Fish and Wildlife Service, on the land under a 
     comprehensive conservation plan prepared under section 4(e) 
     of the National Wildlife Refuge System Administration Act of 
     1966 (16 U.S.C. 668dd(e));
       (C) with respect to land under the jurisdiction of the 
     Forest Service, on National Forest System land under part 212 
     of title 36, Code of Federal Regulations (or successor 
     regulations); and
       (D) with respect to land under the jurisdiction of the 
     Bureau of Land Management, under a resource management plan 
     developed under the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1701 et seq.).
       (b) Priority Lists Required.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, annually during the 10-year period 
     beginning on the date on which the first priority list is 
     completed, and every 5 years after the end of the 10-year 
     period, the Secretary shall prepare a priority list, to be 
     made publicly available on the website of the applicable 
     Federal agency referred to in subsection (a)(1), which shall 
     identify the location and acreage of land within the 
     jurisdiction of each State or regional office on which the 
     public is allowed, under Federal or State law, to hunt, fish, 
     or use the land for other recreational purposes but--
       (A) to which there is no public access or egress; or
       (B) to which public access or egress to the legal 
     boundaries of the land is significantly restricted (as 
     determined by the Secretary).
       (2) Minimum size.--Any land identified under paragraph (1) 
     shall consist of contiguous acreage of at least 640 acres.
       (3) Considerations.--In preparing the priority list 
     required under paragraph (1), the Secretary shall consider 
     with respect to the land--
       (A) whether access is absent or merely restricted, 
     including the extent of the restriction;
       (B) the likelihood of resolving the absence of or 
     restriction to public access;
       (C) the potential for recreational use;
       (D) any information received from the public or other 
     stakeholders during the nomination process described in 
     paragraph (5); and
       (E) any other factor as determined by the Secretary.
       (4) Adjacent land status.--For each parcel of land on the 
     priority list, the Secretary shall include in the priority 
     list whether resolving the issue of public access or egress 
     to the land would require acquisition of an easement, right-
     of-way, or fee title from--
       (A) another Federal agency;
       (B) a State, local, or tribal government; or
       (C) a private landowner.
       (5) Nomination process.--In preparing a priority list under 
     this section, the Secretary shall provide an opportunity for 
     members of the public to nominate parcels for inclusion on 
     the priority list.
       (c) Access Options.--With respect to land included on a 
     priority list described in subsection (b), the Secretary 
     shall develop and submit to the Committees on Appropriations 
     and Energy and Natural Resources of the Senate and the 
     Committees on Appropriations and Natural Resources of the 
     House of Representatives a report on options for providing 
     access that--
       (1) identifies how public access and egress could 
     reasonably be provided to the legal boundaries of the land in 
     a manner that minimizes the impact on wildlife habitat and 
     water quality;
       (2) specifies the steps recommended to secure the access 
     and egress, including acquiring an easement, right-of-way, or 
     fee title from a willing owner of any land that abuts the 
     land or the need to coordinate with State land management 
     agencies or other Federal, State, or tribal governments to 
     allow for such access and egress; and
       (3) is consistent with the travel management plan in effect 
     on the land.
       (d) Protection of Personally Identifying Information.--In 
     making the priority list and report prepared under 
     subsections (b) and (c) available, the Secretary shall ensure 
     that no personally identifying information is included, such 
     as names or addresses of individuals or entities.
       (e) Willing Owners.--For purposes of providing any permits 
     to, or entering into agreements with, a State, local, or 
     tribal government or private landowner with respect to the 
     use of land under the jurisdiction of the government or 
     landowner, the Secretary shall not take into account whether 
     the State, local, or tribal government or private landowner 
     has granted or denied public access or egress to the land.
       (f) Means of Public Access and Egress Included.--In 
     considering public access and egress under subsections (b) 
     and (c), the Secretary shall consider public access and 
     egress to the legal boundaries of the land described in those 
     subsections, including access and egress--
       (1) by motorized or non-motorized vehicles; and
       (2) on foot or horseback.
       (g) Effect.--
       (1) In general.--This section shall have no effect on 
     whether a particular recreational use shall be allowed on the 
     land included in a priority list under this section.
       (2) Effect of allowable uses on agency consideration.--In 
     preparing the priority list under subsection (b), the 
     Secretary shall only consider recreational uses that are 
     allowed on the land at the time that the priority list is 
     prepared.

         Subtitle E--Federal Land Transaction Facilitation Act

     SEC. 6041. FEDERAL LAND TRANSACTION FACILITATION ACT.

       (a) In General.--The Federal Land Transaction Facilitation 
     Act is amended--
       (1) in section 203(2) (43 U.S.C. 2302(2)), by striking ``on 
     the date of enactment of this Act was'' and inserting ``is'';
       (2) in section 205 (43 U.S.C. 2304)--

[[Page S448]]

       (A) in subsection (a), by striking ``(as in effect on the 
     date of enactment of this Act)''; and
       (B) by striking subsection (d);
       (3) in section 206 (43 U.S.C. 2305), by striking subsection 
     (f); and
       (4) in section 207(b) (43 U.S.C. 2306(b))--
       (A) in paragraph (1)--
       (i) by striking ``96-568'' and inserting ``96-586''; and
       (ii) by striking ``; or'' and inserting a semicolon;
       (B) in paragraph (2)--
       (i) by inserting ``Public Law 105-263;'' before ``112 
     Stat.''; and
       (ii) by striking the period at the end and inserting a 
     semicolon; and
       (C) by adding at the end the following:
       ``(3) the White Pine County Conservation, Recreation, and 
     Development Act of 2006 (Public Law 109-432; 120 Stat. 3028);
       ``(4) the Lincoln County Conservation, Recreation, and 
     Development Act of 2004 (Public Law 108-424; 118 Stat. 2403);
       ``(5) subtitle F of title I of the Omnibus Public Land 
     Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111-
     11);
       ``(6) subtitle O of title I of the Omnibus Public Land 
     Management Act of 2009 (16 U.S.C. 460www note, 1132 note; 
     Public Law 111-11);
       ``(7) section 2601 of the Omnibus Public Land Management 
     Act of 2009 (Public Law 111-11; 123 Stat. 1108); or
       ``(8) section 2606 of the Omnibus Public Land Management 
     Act of 2009 (Public Law 111-11; 123 Stat. 1121).''.
       (b) Funds to Treasury.--Of the amounts deposited in the 
     Federal Land Disposal Account, there shall be transferred to 
     the general fund of the Treasury $1,000,000 for each of 
     fiscal years 2016 through 2025.

                       Subtitle F--Miscellaneous

     SEC. 6051. RESPECT FOR TREATIES AND RIGHTS.

       Nothing in this title or the amendments made by this 
     title--
       (1) affects or modifies any treaty or other right of any 
     federally recognized Indian tribe; or
       (2) modifies any provision of Federal law relating to 
     migratory birds or to endangered or threatened species.

     SEC. 6052. NO PRIORITY.

       Nothing in this title or the amendments made by this title 
     provides a preference to hunting, fishing, or recreational 
     shooting over any other use of Federal land or water.

  TITLE VII--REFUNDS OF FUNDS USED BY STATES TO OPERATE UNITS OF THE 
                 NATIONAL PARK SYSTEM DURING A SHUTDOWN

     SEC. 7001. REFUND OF FUNDS USED BY STATES TO OPERATE NATIONAL 
                   PARKS DURING SHUTDOWN.

       (a) In General.--The Director of the National Park Service 
     shall refund to each State all funds of the State that were 
     used to reopen and temporarily operate a unit of the National 
     Park System during the period in October 2013 in which there 
     was a lapse in appropriations for the unit.
       (b) Funding.--Funds of the National Park Service that are 
     appropriated after the date of enactment of this Act shall be 
     used to carry out this section.
                                 ______
                                 
  SA 3178. Mr. MERKLEY submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike subsection (e) of section 1306 (relating to a 
     vehicle research and development program) and insert the 
     following:
       (e) Federal Demonstration of Technologies.--
       (1) Definitions.--In this subsection:
       (A) Electric transportation technology.--The term 
     ``electric transportation technology'' has the meaning given 
     the term in section 131(a) of the Energy Independence and 
     Security Act of 2007 (42 U.S.C. 17011(a)).
       (B) Transportation technology.--The term ``transportation 
     technology'' means transportation technology other than 
     electric transportation technology.
       (2) Assessment and report.--The Secretary, in coordination 
     with the Administrator of General Services, shall--
       (A) make information available to procurement programs of 
     Federal agencies regarding the potential to demonstrate 
     technologies resulting from activities funded through 
     programs under this Act; and
       (B) complete an assessment of the electric transportation 
     technology of each Federal agency, including the vehicle 
     fleets of the United States Postal Service and the Department 
     of Defense, and submit to Congress a report that describes--
       (i) for each Federal agency, which types of transportation 
     technology the agency uses that would or would not be 
     suitable for near-term and medium-term conversion to electric 
     transportation technology, taking into account the types of 
     transportation technology for which electric transportation 
     technology could provide comparable functionality and 
     lifecycle costs;
       (ii) how many plug-in electric drive vehicles and other 
     electric transportation technologies could be deployed by the 
     Federal Government in the 5-year-period and the 10-year-
     period following the date of the report, assuming that 
     electric transportation technologies are available and are 
     purchased when new transportation technologies are needed or 
     existing transportation technologies are replaced;
       (iii) the estimated cost to the Federal Government, 
     including estimated fuel and operating costs savings over the 
     life of the transportation technology and the estimated 
     payback period, for transportation technology purchases under 
     clause (ii);
       (iv) a description of any updates to the assessment and 
     report based on new market data; and
       (v) a description of--

       (I) how the United States Postal Service is carrying out 
     its plan to replace the fleet of Long Life Vehicles of the 
     United States Postal Service; and
       (II) what steps are being taken to ensure that--

       (aa) the procurement takes advantage of new fuel saving 
     technologies through regular transition of the fleet; and
       (bb) best industry practices that take into account fuel 
     efficiency, including the use of electric transport 
     technology, are followed.
       (3) Inventory and data collection.--
       (A) In general.--In carrying out the assessment and report 
     under paragraph (2), the Secretary, in consultation with the 
     Administrator of General Services, shall--
       (i) develop an information request for each Federal agency 
     that operates a fleet of not fewer than 20 motor vehicles; 
     and
       (ii) establish guidelines for each Federal agency to use in 
     developing a plan to deploy electric transportation 
     technologies.
       (B) Agency responses.--Each Federal agency that operates a 
     fleet of not fewer than 20 motor vehicles shall--
       (i) collect information on the vehicle fleet and other 
     transportation technologies of the agency in response to the 
     information request described in subparagraph (A)(i); and
       (ii) develop a plan to deploy electric transportation 
     technologies.
       (C) Analysis of responses.--The Secretary shall--
       (i) analyze the information submitted by each Federal 
     agency under subparagraph (B)(i);
       (ii) approve or suggest amendments to the plan of each 
     Federal agency to ensure that the plan is consistent with the 
     goals and requirements of this Act; and
       (iii) submit a plan to Congress and the Administrator of 
     General Services to be used in developing the pilot program 
     described in paragraph (4).
       (4) Pilot program to deploy electric transportation 
     technologies in the federal transportation technology 
     fleet.--
       (A) In general.--The Administrator of General Services 
     shall acquire electric transportation technologies and the 
     requisite charging infrastructure to be deployed in a range 
     of locations in the Federal fleet during the 5-year period 
     beginning on the date of enactment of this Act.
       (B) Data collection.--The Administrator of General Services 
     shall collect data regarding--
       (i) the cost, performance, and use of electric 
     transportation technologies in the Federal fleet;
       (ii) the deployment and integration of electric 
     transportation technologies in the Federal fleet; and
       (iii) the contribution of electric transportation 
     technologies in the Federal fleet toward reducing the use of 
     fossil fuels and greenhouse gas emissions.
       (C) Report.--Not later than 6 years after the date of 
     enactment of this Act, the Administrator of General Services 
     shall submit to the appropriate committees of Congress a 
     report that--
       (i) describes the status of electric transportation 
     technologies in the Federal fleet; and
       (ii) includes an analysis of the data collected under this 
     paragraph.
       (5) Federal reporting requirements.--Electricity consumed 
     by Federal agencies to fuel electric transportation 
     technologies shall be--
       (A) considered to be an alternative fuel as defined in--
       (i) section 400AA(g) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6374(g)); and
       (ii) section 301 of the Energy Policy Act of 1992 (42 
     U.S.C. 13211)); and
       (B) accounted for under Federal fleet management reporting 
     requirements rather than under Federal building management 
     reporting requirements.
                                 ______
                                 
  SA 3179. Ms. KLOBUCHAR (for herself, Mr. Hoeven, and Mr. Warner) 
submitted an amendment intended to be proposed to amendment SA 2953 
proposed by Ms. Murkowski to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 174, line 5, insert ``, electric thermal, 
     electromechanical,'' after ``materials''.
                                 ______
                                 
  SA 3180. Ms. KLOBUCHAR (for herself and Mr. Graham) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

[[Page S449]]

  


                  TITLE VI--METAL THEFT PREVENTION ACT

     SEC. 6001. SHORT TITLE.

       This title may be cited as the ``Metal Theft Prevention Act 
     of 2016''.

     SEC. 6002. DEFINITIONS.

       In this title--
       (1) the term ``critical infrastructure'' has the meaning 
     given the term in section 1016(e) of the Uniting and 
     Strengthening America by Providing Appropriate Tools Required 
     to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 
     2001 (42 U.S.C. 5195c(e));
       (2) the term ``specified metal'' means metal that--
       (A)(i) is marked with the name, logo, or initials of a 
     city, county, State, or Federal government entity, a 
     railroad, an electric, gas, or water company, a telephone 
     company, a cable company, a retail establishment, a beer 
     supplier or distributor, or a public utility; or
       (ii) has been altered for the purpose of removing, 
     concealing, or obliterating a name, logo, or initials 
     described in clause (i) through burning or cutting of wire 
     sheathing or other means; or
       (B) is part of--
       (i) a street light pole or street light fixture;
       (ii) a road or bridge guard rail;
       (iii) a highway or street sign;
       (iv) a water meter cover;
       (v) a storm water grate;
       (vi) unused or undamaged building construction or utility 
     material;
       (vii) a historical marker;
       (viii) a grave marker or cemetery urn;
       (ix) a utility access cover; or
       (x) a container used to transport or store beer with a 
     capacity of 5 gallons or more;
       (C) is a wire or cable commonly used by communications and 
     electrical utilities; or
       (D) is copper, aluminum, and other metal (including any 
     metal combined with other materials) that is valuable for 
     recycling or reuse as raw metal, except for--
       (i) aluminum cans; and
       (ii) motor vehicles, the purchases of which are reported to 
     the National Motor Vehicle Title Information System 
     (established under section 30502 of title 49, United States 
     Code); and
       (3) the term ``recycling agent'' means any person engaged 
     in the business of purchasing specified metal for reuse or 
     recycling, without regard to whether that person is engaged 
     in the business of recycling or otherwise processing the 
     purchased specified metal for reuse.

     SEC. 6003. THEFT OF SPECIFIED METAL.

       (a) Offense.--It shall be unlawful to knowingly steal 
     specified metal--
       (1) being used in or affecting interstate or foreign 
     commerce; and
       (2) the theft of which is from and harms critical 
     infrastructure.
       (b) Penalty.--Any person who commits an offense described 
     in subsection (a) shall be fined under title 18, United 
     States Code, imprisoned not more than 10 years, or both.

     SEC. 6004. DOCUMENTATION OF OWNERSHIP OR AUTHORITY TO SELL.

       (a) Offenses.--
       (1) In general.--Except as provided in paragraph (2), it 
     shall be unlawful for a recycling agent to purchase specified 
     metal described in subparagraph (A) or (B) of section 
     6002(2), unless--
       (A) the seller, at the time of the transaction, provides 
     documentation of ownership of, or other proof of the 
     authority of the seller to sell, the specified metal; and
       (B) there is a reasonable basis to believe that the 
     documentation or other proof of authority provided under 
     subparagraph (A) is valid.
       (2) Exception.--Paragraph (1) shall not apply to a 
     recycling agent that is subject to a State or local law that 
     sets forth a requirement on recycling agents to obtain 
     documentation of ownership or proof of authority to sell 
     specified metal before purchasing specified metal.
       (3) Responsibility of recycling agent.--A recycling agent 
     is not required to independently verify the validity of the 
     documentation or other proof of authority described in 
     paragraph (1).
       (4) Purchase of stolen metal.--It shall be unlawful for a 
     recycling agent to purchase any specified metal that the 
     recycling agent--
       (A) knows to be stolen; or
       (B) should know or believe, based upon commercial 
     experience and practice, to be stolen.
       (b) Civil Penalty.--A person who knowingly violates 
     subsection (a) shall be subject to a civil penalty of not 
     more than $10,000 for each violation.

     SEC. 6005. ENFORCEMENT BY ATTORNEY GENERAL.

       The Attorney General may bring an enforcement action in an 
     appropriate United States district court against any person 
     that engages in conduct that violates this title.

     SEC. 6006. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

       (a) In General.--An attorney general or equivalent 
     regulator of a State may bring a civil action in the name of 
     the State, as parens patriae on behalf of natural persons 
     residing in the State, in any district court of the United 
     States or other competent court having jurisdiction over the 
     defendant, to secure monetary or equitable relief for a 
     violation of this title.
       (b) Notice Required.--Not later than 30 days before the 
     date on which an action under subsection (a) is filed, the 
     attorney general or equivalent regulator of the State 
     involved shall provide to the Attorney General--
       (1) written notice of the action; and
       (2) a copy of the complaint for the action.
       (c) Attorney General Action.--Upon receiving notice under 
     subsection (b), the Attorney General shall have the right--
       (1) to intervene in the action;
       (2) upon so intervening, to be heard on all matters arising 
     therein;
       (3) to remove the action to an appropriate district court 
     of the United States; and
       (4) to file petitions for appeal.
       (d) Pending Federal Proceedings.--If a civil action has 
     been instituted by the Attorney General for a violation of 
     this title, no State may, during the pendency of the action 
     instituted by the Attorney General, institute a civil action 
     under this title against any defendant named in the complaint 
     in the civil action for any violation alleged in the 
     complaint.
       (e) Construction.--For purposes of bringing a civil action 
     under subsection (a), nothing in this section regarding 
     notification shall be construed to prevent the attorney 
     general or equivalent regulator of the State from exercising 
     any powers conferred under the laws of that State to--
       (1) conduct investigations;
       (2) administer oaths or affirmations; or
       (3) compel the attendance of witnesses or the production of 
     documentary and other evidence.

     SEC. 6007. DIRECTIVE TO SENTENCING COMMISSION.

       (a) In General.--Pursuant to its authority under section 
     994 of title 28, United States Code, and in accordance with 
     this section, the United States Sentencing Commission, shall 
     review and, if appropriate, amend the Federal Sentencing 
     Guidelines and policy statements applicable to a person 
     convicted of a criminal violation of section 6003 of this 
     title or any other Federal criminal law based on the theft of 
     specified metal by such person.
       (b) Considerations.--In carrying out this section, the 
     Sentencing Commission shall--
       (1) ensure that the sentencing guidelines and policy 
     statements reflect the--
       (A) serious nature of the theft of specified metal; and
       (B) need for an effective deterrent and appropriate 
     punishment to prevent such theft;
       (2) consider the extent to which the guidelines and policy 
     statements appropriately account for--
       (A) the potential and actual harm to the public from the 
     offense, including any damage to critical infrastructure;
       (B) the amount of loss, or the costs associated with 
     replacement or repair, attributable to the offense;
       (C) the level of sophistication and planning involved in 
     the offense; and
       (D) whether the offense was intended to or had the effect 
     of creating a threat to public health or safety, injury to 
     another person, or death;
       (3) account for any additional aggravating or mitigating 
     circumstances that may justify exceptions to the generally 
     applicable sentencing ranges;
       (4) assure reasonable consistency with other relevant 
     directives and with other sentencing guidelines and policy 
     statements; and
       (5) assure that the sentencing guidelines and policy 
     statements adequately meet the purposes of sentencing as set 
     forth in section 3553(a)(2) of title 18, United States Code.

     SEC. 6008. CONFIDENTIALITY.

       Any information collected or retained under this title may 
     be disclosed to any Federal, State, or local law enforcement 
     authority or as otherwise directed by a court of law.

     SEC. 6009. STATE AND LOCAL LAW NOT PREEMPTED.

       Nothing in this title shall be construed to preempt any 
     State or local law regulating the sale or purchase of 
     specified metal, the reporting of such transactions, or any 
     other aspect of the metal recycling industry.

     SEC. 6010. EFFECTIVE DATE.

       This title shall take effect 180 days after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 3181. Ms. HEITKAMP (for herself and Mrs. Capito) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. NEW SOURCE REVIEW.

       Section 111 of the Clean Air Act (42 U.S.C. 7411) is 
     amended by adding at the end the following:
       ``(k) New Source Review Not Required.--
       ``(1) In general.--Any physical change in an existing 
     source, or in the method of operation of an existing source, 
     that increases the efficiency of the existing source or 
     reduces mass emissions of the existing source that are 
     subject to the provisions of this Act (as compared to the 
     average annual emissions of the existing source in any 1 of 
     the preceding 10 calendar years), for purposes of compliance 
     with a regulation promulgated under this Act, by lowering the 
     rate or mass

[[Page S450]]

     of carbon dioxide emissions from the existing source shall 
     not require, cause, or otherwise trigger a new source review 
     under this Act.''.
                                 ______
                                 
  SA 3182. Mr. ROUNDS submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of title V, add the following:

     SEC. 50__. CONSERVATION INCENTIVES LANDOWNER EDUCATION 
                   PROGRAM.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of the Interior and the 
     Secretary of Agriculture shall establish a conservation 
     incentives landowner education program (referred to in this 
     section as the ``program'').
       (b) Purpose of Program.--The program shall provide 
     information on Federal conservation programs available to 
     landowners interested in undertaking conservation actions on 
     the land of the landowners, including options under each 
     conservation program available to achieve the conservation 
     goals of the program, such as--
       (1) fee title land acquisition;
       (2) donation; and
       (3) perpetual and term conservation easements or 
     agreements.
       (c) Availability.--The Secretary of the Interior and the 
     Secretary of Agriculture shall ensure that the information 
     provided under the program is made available to--
       (1) interested landowners; and
       (2) the public.
       (d) Notification.--In any case in which the Secretary of 
     the Interior or the Secretary of Agriculture contacts a 
     landowner directly about participation in a Federal 
     conservation program, that Secretary shall, in writing--
       (1) notify the landowner of the program; and
       (2) make available information on the conservation program 
     options that may be available to the landowner.
                                 ______
                                 
  SA 3183. Ms. HIRONO submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle C of title II, add the following:

     SEC. 2204. CLEAN ENERGY TECHNOLOGY MANUFACTURING AND EXPORT 
                   ASSISTANCE.

       (a) Definitions.--In this section:
       (1) Clean energy technology.--The term ``clean energy 
     technology'' means a technology related to the production, 
     use, transmission, storage, control, or conservation of 
     energy that will contribute to a stabilization of atmospheric 
     greenhouse gas concentrations through reduction, avoidance, 
     or sequestration of energy-related emissions and--
       (A) reduce the need for additional energy supplies by using 
     existing energy supplies with greater efficiency or by 
     transmitting, distributing, or transporting energy with 
     greater effectiveness; or
       (B) diversify the sources of energy supply of the United 
     States to strengthen energy security and to increase supplies 
     with a favorable balance of environmental effects if the 
     entire technology system is considered.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (b) Strategy.--The Secretary, consistent with the National 
     Export Initiative (established by Executive Order 13534 (75 
     Fed. Reg. 12,433)), shall develop a strategy that includes 
     providing information, tools, and other assistance to United 
     States businesses to promote clean energy technology 
     manufacturing and facilitate the export of clean energy 
     technology products and services. Such strategy shall 
     include--
       (1) developing critical analysis of policies to reduce 
     production costs and promote innovation, investment, and 
     productivity in the clean energy technology sector;
       (2) helping educate companies about how to tailor their 
     activities to specific markets with respect to their product 
     slate, financing, marketing, assembly, and logistics;
       (3) helping United States companies learn about the export 
     process and export opportunities in foreign markets;
       (4) helping United States companies to navigate foreign 
     markets; and
       (5) helping United States companies provide input regarding 
     clean energy technology manufacturing and trade policy 
     developments and trade promotion.
       (c) Report to Congress.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall submit 
     to Congress a report on the strategy required by subsection 
     (b) that--
       (1) describes how the strategy will--
       (A) focus on small- and medium-sized United States 
     businesses;
       (B) encourage the creation and maintenance of the greatest 
     number of clean energy technology jobs in the United States; 
     and
       (C) encourage the domestic production of clean energy 
     technology products and services, including materials, 
     components, equipment, parts, and supplies related in any way 
     to the product or service; and
       (2) may include recommendations for such legislative action 
     as would facilitate carrying out the strategy.

                          ____________________