[Congressional Record Volume 166, Number 43 (Wednesday, March 4, 2020)]
[Senate]
[Pages S1480-S1505]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1480. Mrs. FISCHER (for herself, Mr. Schatz, Mr. Gardner, and Mr. 
Booker) submitted an amendment intended to be proposed to amendment SA 
1407 proposed by Ms. Murkowski to the bill S. 2657, to support 
innovation in advanced geothermal research and development, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end, add the following:

                      TITLE IV--INTERNET OF THINGS

     SEC. 4001. SHORT TITLE.

       This title may be cited as the ``Developing Innovation and 
     Growing the Internet of Things Act'' or the ``DIGIT Act''.

     SEC. 4002. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress finds that--
       (1) the Internet of Things refers to the growing number of 
     connected and interconnected devices;
       (2) estimates indicate that more than 125,000,000,000 
     devices will be connected to the internet by 2030;
       (3) the Internet of Things has the potential to generate 
     trillions of dollars in new economic activity around the 
     world in the transportation, energy, agriculture, 
     manufacturing, and health care sectors and in other sectors 
     that are critical to the growth of the gross domestic product 
     of the United States;
       (4) businesses across the United States can develop new 
     services and products, improve

[[Page S1481]]

     the efficiency of operations and logistics, cut costs, 
     improve worker and public safety, and pass savings on to 
     consumers by utilizing the Internet of Things and related 
     innovations;
       (5) the Internet of Things will--
       (A) be vital in furthering innovation and the development 
     of emerging technologies; and
       (B) play a key role in developing artificial intelligence 
     and advanced computing capabilities;
       (6) the United States leads the world in the development of 
     technologies that support the internet, the United States 
     technology sector is well-positioned to lead in the 
     development of technologies for the Internet of Things, and 
     the appropriate prioritization of a national strategy with 
     respect to the Internet of Things would strengthen that 
     position;
       (7) the Federal Government can implement this technology to 
     better deliver services to the public; and
       (8) the Senate unanimously passed Senate Resolution 110, 
     114th Congress, agreed to March 24, 2015, calling for a 
     national strategy for the development of the Internet of 
     Things.
       (b) Sense of Congress.--It is the sense of Congress that 
     policies governing the Internet of Things should--
       (1) promote solutions with respect to the Internet of 
     Things that are secure, scalable, interoperable, industry-
     driven, and standards-based; and
       (2) maximize the development and deployment of the Internet 
     of Things to benefit all stakeholders, including businesses, 
     governments, and consumers.

     SEC. 4003. DEFINITIONS.

       In this title:
       (1) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (3) Steering committee.--The term ``steering committee'' 
     means the steering committee established under section 
     4004(e)(1).
       (4) Working group.--The term ``working group'' means the 
     working group convened under section 4004(a).

     SEC. 4004. FEDERAL WORKING GROUP.

       (a) In General.--The Secretary shall convene a working 
     group of Federal stakeholders for the purpose of providing 
     recommendations and a report to Congress relating to the 
     aspects of the Internet of Things described in subsection 
     (b).
       (b) Duties.--The working group shall--
       (1) identify any Federal regulations, statutes, grant 
     practices, budgetary or jurisdictional challenges, and other 
     sector-specific policies that are inhibiting, or could 
     inhibit, the development or deployment of the Internet of 
     Things;
       (2) consider policies or programs that encourage and 
     improve coordination among Federal agencies that have 
     responsibilities that are relevant to the objectives of this 
     title;
       (3) consider any findings or recommendations made by the 
     steering committee and, where appropriate, act to implement 
     those recommendations;
       (4) examine--
       (A) how Federal agencies can benefit from utilizing the 
     Internet of Things;
       (B) the use of Internet of Things technology by Federal 
     agencies as of the date on which the working group performs 
     the examination;
       (C) the preparedness and ability of Federal agencies to 
     adopt Internet of Things technology as of the date on which 
     the working group performs the examination and in the future; 
     and
       (D) any additional security measures that Federal agencies 
     may need to take to--
       (i) safely and securely use the Internet of Things, 
     including measures that ensure the security of critical 
     infrastructure; and
       (ii) enhance the resiliency of Federal systems against 
     cyber threats to the Internet of Things; and
       (5) in carrying out the examinations required under clauses 
     (i) and (ii) of paragraph (4)(D), ensure to the maximum 
     extent possible the coordination of the current and future 
     activities of the Federal Government relating to security 
     with respect to the Internet of Things.
       (c) Agency Representatives.--In convening the working group 
     under subsection (a), the Secretary shall have discretion to 
     appoint representatives from Federal agencies and departments 
     as appropriate and shall specifically consider seeking 
     representation from--
       (1) the Department of Commerce, including--
       (A) the National Telecommunications and Information 
     Administration;
       (B) the National Institute of Standards and Technology; and
       (C) the National Oceanic and Atmospheric Administration;
       (2) the Department of Transportation;
       (3) the Department of Homeland Security;
       (4) the Office of Management and Budget;
       (5) the National Science Foundation;
       (6) the Commission;
       (7) the Federal Trade Commission;
       (8) the Office of Science and Technology Policy;
       (9) the Department; and
       (10) the Federal Energy Regulatory Commission.
       (d) Nongovernmental Stakeholders.--The working group shall 
     consult with nongovernmental stakeholders with expertise 
     relating to the Internet of Things, including--
       (1) the steering committee;
       (2) information and communications technology 
     manufacturers, suppliers, service providers, and vendors;
       (3) subject matter experts representing industrial sectors 
     other than the technology sector that can benefit from the 
     Internet of Things, including the transportation, energy, 
     agriculture, and health care sectors;
       (4) small, medium, and large businesses;
       (5) think tanks and academia;
       (6) nonprofit organizations and consumer groups;
       (7) security experts;
       (8) rural stakeholders; and
       (9) other stakeholders with relevant expertise, as 
     determined by the Secretary.
       (e) Steering Committee.--
       (1) Establishment.--There is established within the 
     Department of Commerce a steering committee to advise the 
     working group.
       (2) Duties.--The steering committee shall advise the 
     working group with respect to--
       (A) the identification of any Federal regulations, 
     statutes, grant practices, programs, budgetary or 
     jurisdictional challenges, and other sector-specific policies 
     that are inhibiting, or could inhibit, the development of the 
     Internet of Things;
       (B) situations in which the use of the Internet of Things 
     is likely to deliver significant and scalable economic and 
     societal benefits to the United States, including benefits 
     from or to--
       (i) smart traffic and transit technologies;
       (ii) augmented logistics and supply chains;
       (iii) sustainable infrastructure;
       (iv) precision agriculture;
       (v) environmental monitoring;
       (vi) public safety; and
       (vii) health care;
       (C) whether adequate spectrum is available to support the 
     growing Internet of Things and what legal or regulatory 
     barriers may exist to providing any spectrum needed in the 
     future;
       (D) policies, programs, or multi-stakeholder activities 
     that--
       (i) promote or are related to the privacy of individuals 
     who use or are affected by the Internet of Things;
       (ii) may enhance the security of the Internet of Things, 
     including the security of critical infrastructure;
       (iii) may protect users of the Internet of Things; and
       (iv) may encourage coordination among Federal agencies with 
     jurisdiction over the Internet of Things;
       (E) the opportunities and challenges associated with the 
     use of Internet of Things technology by small businesses; and
       (F) any international proceeding, international 
     negotiation, or other international matter affecting the 
     Internet of Things to which the United States is or should be 
     a party.
       (3) Membership.--The Secretary shall appoint to the 
     steering committee members representing a wide range of 
     stakeholders outside of the Federal Government with expertise 
     relating to the Internet of Things, including--
       (A) information and communications technology 
     manufacturers, suppliers, service providers, and vendors;
       (B) subject matter experts representing industrial sectors 
     other than the technology sector that can benefit from the 
     Internet of Things, including the transportation, energy, 
     agriculture, and health care sectors;
       (C) small, medium, and large businesses;
       (D) think tanks and academia;
       (E) nonprofit organizations and consumer groups;
       (F) security experts;
       (G) rural stakeholders; and
       (H) other stakeholders with relevant expertise, as 
     determined by the Secretary.
       (4) Report.--Not later than 1 year after the date of 
     enactment of this Act, the steering committee shall submit to 
     the working group a report that includes any findings or 
     recommendations of the steering committee.
       (5) Independent advice.--
       (A) In general.--The steering committee shall set the 
     agenda of the steering committee in carrying out the duties 
     of the steering committee under paragraph (2).
       (B) Suggestions.--The working group may suggest topics or 
     items for the steering committee to study, and the steering 
     committee shall take those suggestions into consideration in 
     carrying out the duties of the steering committee.
       (C) Report.--The steering committee shall ensure that the 
     report submitted under paragraph (4) is the result of the 
     independent judgment of the steering committee.
       (6) No compensation for members.--A member of the steering 
     committee shall serve without compensation.
       (7) Termination.--The steering committee shall terminate on 
     the date on which the working group submits the report under 
     subsection (f).
       (f) Report to Congress.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the working group shall submit to 
     Congress a report that includes--
       (A) the findings and recommendations of the working group 
     with respect to the duties of the working group under 
     subsection (b);
       (B) the report submitted by the steering committee under 
     subsection (e)(4), as the report was received by the working 
     group;
       (C) recommendations for action or reasons for inaction, as 
     applicable, with respect to

[[Page S1482]]

     each recommendation made by the steering committee in the 
     report submitted under subsection (e)(4); and
       (D) an accounting of any progress made by Federal agencies 
     to implement recommendations made by the working group or the 
     steering committee.
       (2) Copy of report.--The working group shall submit a copy 
     of the report described in paragraph (1) to--
       (A) the Committee on Commerce, Science, and Transportation 
     and the Committee on Energy and Natural Resources of the 
     Senate;
       (B) the Committee on Energy and Commerce of the House of 
     Representatives; and
       (C) any other committee of Congress, upon request to the 
     working group.

     SEC. 4005. ASSESSING SPECTRUM NEEDS.

       (a) In General.--The Commission, in consultation with the 
     National Telecommunications and Information Administration, 
     shall issue a notice of inquiry seeking public comment on the 
     current, as of the date of enactment of this Act, and future 
     spectrum needs to enable better connectivity relating to the 
     Internet of Things.
       (b) Requirements.--In issuing the notice of inquiry under 
     subsection (a), the Commission shall seek comments that 
     consider and evaluate--
       (1) whether adequate spectrum is available, or is planned 
     for allocation, for commercial wireless services that could 
     support the growing Internet of Things;
       (2) if adequate spectrum is not available for the purposes 
     described in paragraph (1), how to ensure that adequate 
     spectrum is available for increased demand with respect to 
     the Internet of Things;
       (3) what regulatory barriers may exist to providing any 
     needed spectrum that would support uses relating to the 
     Internet of Things; and
       (4) what the role of unlicensed and licensed spectrum is 
     and will be in the growth of the Internet of Things.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives a report summarizing the comments 
     submitted in response to the notice of inquiry issued under 
     subsection (a).
                                 ______
                                 
  SA 1481. Mr. BRAUN (for himself and Ms. Ernst) submitted an amendment 
intended to be proposed to amendment SA 1407 proposed by Ms. Murkowski 
to the bill S. 2657, to support innovation in advanced geothermal 
research and development, and for other purposes; which was ordered to 
lie on the table; as follows:

        At the end, add the following:

       TITLE IV--AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986

     SEC. 4001. LIMIT CREDIT FOR NEW QUALIFIED PLUG-IN ELECTRIC 
                   DRIVE MOTOR VEHICLES TO VEHICLES COSTING LESS 
                   THAN $45,000.

       (a) In General.--Section 30D(d)(1) of the Internal Revenue 
     Code of 1986 is amended--
       (1) in subparagraph (E), by striking ``and'' at the end,
       (2) in subparagraph (F)(ii), by striking the period at the 
     end and inserting ``, and'', and
       (3) by adding at the end the following new subparagraph:
       ``(G) for which the manufacturer's suggested retail price 
     is less than $45,000.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to vehicles sold during any calendar quarter 
     beginning after the date of enactment of this Act.
                                 ______
                                 
  SA 1482. Mr. BRAUN (for himself and Ms. Ernst) submitted an amendment 
intended to be proposed to amendment SA 1407 proposed by Ms. Murkowski 
to the bill S. 2657, to support innovation in advanced geothermal 
research and development, and for other purposes; which was ordered to 
lie on the table; as follows:

        At the end, add the following:

       TITLE IV--AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986

     SEC. 4001. ELIMINATION OF PERSONAL CREDIT BASED ON ADJUSTED 
                   GROSS INCOME.

       (a) In General.--Subsection (c) of section 30D of the 
     Internal Revenue Code of 1986 is amended--
       (1) in paragraph (2), by inserting ``and (3)'' after 
     ``paragraph (1)'', and
       (2) by adding at the end the following new paragraph:
       ``(3) Elimination of personal credit based on adjusted 
     gross income.--
       ``(A) In general.--For purposes of paragraph (2), in the 
     case of any new qualified plug-in electric drive motor 
     vehicle which is placed in service by a taxpayer during any 
     taxable year, if the adjusted gross income of such taxpayer 
     for such taxable year exceeds the threshold amount, the 
     amount of the credit otherwise allowable under subsection (a) 
     for such taxable year shall be reduced to zero.
       ``(B) Threshold amount.--For purposes of this paragraph, 
     the term `threshold amount' means--
       ``(i) in the case of any taxpayer filing a joint return for 
     the taxable year, $326,600, and
       ``(ii) in the case of any taxpayer not filing a joint 
     return for the taxable year, $163,300.
       ``(C) Inflation adjustment.--
       ``(i) In general.--In the case of any taxable year 
     beginning after 2020, each of the dollar amounts in 
     subparagraph (B) shall be increased by an amount equal to--

       ``(I) such dollar amount, multiplied by
       ``(II) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins by substituting `calendar year 2019' for 
     `calendar year 2016' in subparagraph (A)(ii) thereof.

       ``(ii) Rounding.--If any increase determined under clause 
     (i) is not a multiple of $100, such increase shall be rounded 
     to the nearest multiple of $100.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2019.
                                 ______
                                 
  SA 1483. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to 
support innovation in advanced geothermal research and development, and 
for other purposes; which was ordered to lie on the table; as follows:

        Strike section 1808 and insert the following:

     SEC. 1808. NO ARPA-E FUNDS.

       Funds appropriated to the Department shall not be made 
     available to carry out section 5012 of the America COMPETES 
     Act (42 U.S.C. 16538).
                                 ______
                                 
  SA 1484. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to 
support innovation in advanced geothermal research and development, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the end, insert the following:

                        TITLE IV--MISCELLANEOUS

     SEC. 4001. SULFUR HEXAFLUORIDE RESEARCH.

       The Secretary shall carry out research to find alternatives 
     for the use of sulfur hexafluoride in power generation and 
     transmission equipment, including circuit breakers, 
     switchgear, and gas insulated lines.
                                 ______
                                 
  SA 1485. Mr. LEE (for himself and Mr. Romney) submitted an amendment 
intended to be proposed to amendment SA 1407 proposed by Ms. Murkowski 
to the bill S. 2657, to support innovation in advanced geothermal 
research and development, and for other purposes; which was ordered to 
lie on the table; as follows:

        At the end, add the following:

                        TITLE IV--MISCELLANEOUS

     SEC. 4001. LIMITATION ON THE EXTENSION OR ESTABLISHMENT OF 
                   NATIONAL MONUMENTS IN THE STATE OF UTAH.

       Section 320301(d) of title 54, United States Code, is 
     amended--
       (1) in the heading, by striking ``Wyoming'' and inserting 
     ``the State of Wyoming or Utah''; and
       (2) by striking ``Wyoming'' and inserting ``the State of 
     Wyoming or Utah''.
                                 ______
                                 
  SA 1486. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to 
support innovation in advanced geothermal research and development, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the end of title II, add the following:

                       Subtitle D--Miscellaneous

     SEC. 24____. MINERAL ENTRY AUTHORIZED.

       (a) In General.--The Federal land described in subsection 
     (b) shall be open to location, entry, and patent under the 
     mining laws.
       (b) Federal Land Described.--The Federal land referred to 
     in subsections (a) and (c) is the area of land depicted as 
     ``Mineral Withdrawal'' on the map prepared by the Bureau of 
     Land Management entitled ``Grand Canyon Centennial Protection 
     Act'' and dated February 26, 2019.
       (c) Limitation on Withdrawal.--
       (1) In general.--The Federal land described in subsection 
     (b) may not be withdrawn from location, entry, and patent 
     under the mining laws except by Act of Congress.
       (2) Application of certain law.--The authority of the 
     Secretary of the Interior under sections 202(e)(3) and 204 of 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1712(e)(3), 1714) shall not apply to the Federal land 
     described in subsection (b).
                                 ______
                                 
  SA 1487. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to 
support innovation in advanced geothermal research and development, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the end, add the following:

                        TITLE IV--MISCELLANEOUS

     SEC. 4001. PROTECTION, MANAGEMENT, AND CONTROL OF WILD FREE-
                   ROAMING HORSES AND BURROS.

       Section 3 of Public Law 92-195 (16 U.S.C. 1333) is 
     amended--

[[Page S1483]]

       (1) in subsection (b)--
       (A) by striking the subsection designation and all that 
     follows through ``The Secretary'' in the first sentence of 
     paragraph (1) and inserting the following:
       ``(b) Inventory; Overpopulation; Research Study.--
       ``(1) Inventory.--
       ``(A) In general.--The Secretary'';
       (B) in subparagraph (A) of paragraph (1) (as so 
     designated)--
       (i) in the third sentence, by striking ``In making such 
     determinations the Secretary'' and inserting the following:
       ``(C) Consultation.--In making a determination under 
     subparagraph (B), the Secretary''; and
       (ii) in the second sentence, by striking ``The purpose of 
     such inventory shall be to: make'' and inserting the 
     following:
       ``(B) Determinations.--The purpose of the inventory under 
     subparagraph (A) shall be to make'';
       (C) in paragraph (2)--
       (i) in subparagraph (A), by striking the semicolon at the 
     end and inserting a period;
       (ii) in subparagraph (B), by striking ``; and'' at the end 
     and inserting a period;
       (iii) by redesignating subparagraphs (A) through (C) as 
     clauses (i) through (iii), respectively, and indenting the 
     clauses appropriately; and
       (iv) by striking the paragraph designation and all that 
     follows through ``management levels. Such action shall be 
     taken, in'' and inserting the following:
       ``(2) Overpopulation.--
       ``(A) In general.--On a determination by the Secretary in 
     accordance with subparagraph (B) that an overpopulation of 
     wild free-roaming horses or burros exists on a given area of 
     public land, and that action is necessary to remove excess 
     horses or burros, the Secretary shall immediately remove 
     excess horses or burros from the public land range as the 
     Secretary determines to be necessary to achieve appropriate 
     management levels of wild free-roaming horses or burros.
       ``(B) Basis of determinations.--The Secretary shall make a 
     determination under subparagraph (A) on the basis of--
       ``(i)(I) the current inventory of land within the 
     jurisdiction of the Secretary;
       ``(II) information contained in any relevant land use 
     planning completed pursuant to section 202 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1712);
       ``(III) relevant information contained in court ordered 
     environmental impact statements (as defined in section 3 of 
     the Public Rangelands Improvement Act of 1978 (43 U.S.C. 
     1902)); and
       ``(IV) such additional information as becomes available to 
     the Secretary from time to time, including any information 
     developed in the research study under paragraph (3); or
       ``(ii) in the absence of information described in clause 
     (i), all information otherwise available to the Secretary.
       ``(C) Applicability of nepa.--
       ``(i) In general.--During any period with respect to which 
     the Secretary determines under subparagraph (A) that an 
     overpopulation of wild free-roaming horses or burros exists, 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.) shall not apply to--

       ``(I) the use of any vehicle, including an all-terrain 
     vehicle or helicopter, that the Secretary determines to be 
     necessary to capture excess wild free-roaming horses or 
     burros; or
       ``(II) the sterilization by a licensed professional of any 
     male or female wild free-roaming horse or burro.

       ``(ii) Resumption.--The National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.) shall apply to the 
     activities described in subclauses (I) and (II) of clause (i) 
     beginning on the date on which the Secretary determines that 
     the appropriate management level of wild free-roaming horses 
     or burros has been attained with respect to an applicable 
     area of public land.
       ``(D) Order and priority.--An action under subparagraph (A) 
     shall be carried out in''; and
       (D) in paragraph (3)--
       (i) in the third sentence, by striking ``Such study'' and 
     inserting the following:
       ``(C) Deadline.--The study under this paragraph'';
       (ii) in the second sentence, by striking ``The terms and 
     outline of such research study'' and inserting the following:
       ``(B) Research design panel.--The terms and outline of the 
     study under this paragraph''; and
       (iii) by striking ``(3) For the purpose'' and inserting the 
     following:
       ``(3) Research study.--
       ``(A) In general.--For the purpose''; and
       (2) in subsection (d)--
       (A) in each of paragraphs (2) and (3), by striking ``or'' 
     at the end; and
       (B) by striking paragraph (1) and inserting the following:
       ``(1) on passage of title pursuant to subsection (c), 
     subject to the limitation described in that subsection;''.
                                 ______
                                 
  SA 1488. Ms. STABENOW (for herself, Mr. Udall, and Mr. Durbin) 
submitted an amendment intended to be proposed to amendment SA 1407 
proposed by Ms. Murkowski to the bill S. 2657, to support innovation in 
advanced geothermal research and development, and for other purposes; 
which was ordered to lie on the table; as follows:

        Beginning on page 426, strike line 7 and all that follows 
     through page 432, line 6, and insert the following:
       (e) Permitting.--
       (1) Sense of congress.--It is the sense of Congress that--
       (A) critical minerals are fundamental to the economy, 
     competitiveness, and security of the United States; and
       (B) to the maximum extent practicable, the critical mineral 
     needs of the United States should be satisfied by minerals 
     responsibly produced and recycled in the United States.
       (2) Review and report.--Not later than 1 year after the 
     date of enactment of this Act, the Secretary (acting through 
     the Director of the Bureau of Land Management) and the 
     Secretary of Agriculture (acting through the Chief of the 
     Forest Service) (referred to in this subsection as the 
     ``Secretaries'') shall submit to Congress a report that--
       (A) identifies additional measures (including regulatory 
     and legislative proposals, as appropriate) that would 
     increase the timeliness of permitting activities for the 
     exploration and development of domestic critical minerals;
       (B) identifies options (including cost recovery paid by 
     permit applicants) for ensuring adequate staffing and 
     training of Federal entities and personnel responsible for 
     the consideration of applications, operating plans, leases, 
     licenses, permits, and other use authorizations for critical 
     mineral-related activities on Federal land; and
       (C) quantifies the amount of time typically required 
     (including range derived from minimum and maximum durations, 
     mean, median, variance, and other statistical measures or 
     representations) to complete each step (including those 
     aspects outside the control of the executive branch, such as 
     judicial review, applicant decisions, or State and local 
     government involvement) associated with the development and 
     processing of applications, operating plans, leases, 
     licenses, permits, and other use authorizations for critical 
     mineral-related activities on Federal land, which shall serve 
     as a baseline for purposes of paragraph (3)(B).
       (3) Annual reports.--Beginning with the first budget 
     submission by the President under section 1105 of title 31, 
     United States Code, after the date of enactment of this Act, 
     and annually thereafter, the Secretaries shall submit to 
     Congress a report that--
       (A) summarizes the implementation of recommendations, 
     measures, and options identified in subparagraphs (A) and (B) 
     of paragraph (2);
       (B) describes progress made by the executive branch, as 
     compared to the baseline established under paragraph (2)(C), 
     on expediting the permitting of activities that will increase 
     exploration for, and development of, domestic critical 
     minerals; and
       (C) compares the United States to other countries in terms 
     of permitting efficiency and any other criteria relevant to 
     the globally competitive critical minerals industry.
                                 ______
                                 
  SA 1489. Mr. UDALL submitted an amendment intended to be proposed to 
amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to 
support innovation in advanced geothermal research and development, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. STUDY ON ENVIRONMENTAL IMPACTS OF NEW PLASTIC 
                   PRODUCTION FACILITIES.

       (a) Definitions.--In this section:
       (1) Covered facility.--The term ``covered facility'' 
     means--
       (A) an industrial facility that transforms natural gas 
     liquids into ethylene and propylene for later conversion into 
     plastic polymers;
       (B) a plastic polymerization or polymer production 
     facility; and
       (C) an industrial facility that repolymerizes plastic 
     polymers into chemical feedstocks for use in new products or 
     as fuel.
       (2) Covered products.--The term ``covered plastic'' means--
       (A) ethylene;
       (B) propylene;
       (C) polyethylene in any form (including pellets, resin, 
     nurdle, powder, and flakes);
       (D) polypropylene in any form (including pellets, resin, 
     nurdle, powder, and flakes);
       (E) polyvinyl chloride in any form (including pellets, 
     resin, nurdle, powder, and flakes); or
       (F) other plastic polymer raw materials in any form 
     (including pellets, resin, nurdle, powder, and flakes).
       (3) Environmental justice.--The term ``environmental 
     justice'' means the fair treatment and meaningful involvement 
     of all individuals, regardless of race, color, national 
     origin, educational level, or income, with respect to the 
     development, implementation, and enforcement of environmental 
     laws, regulations, and policies to ensure that--
       (A) communities of color, indigenous communities, and low-
     income communities have access to public information and 
     opportunities for meaningful public participation with 
     respect to human health and environmental planning, 
     regulations, and enforcement;
       (B) no community of color, indigenous community, or low-
     income community is exposed to a disproportionate burden of 
     the negative human health and environmental

[[Page S1484]]

     impacts of pollution or other environmental hazards; and
       (C) the 17 principles described in the document entitled 
     ``The Principles of Environmental Justice'', written and 
     adopted at the First National People of Color Environmental 
     Leadership Summit held on October 24 through 27, 1991, in 
     Washington, DC, are upheld.
       (b) Study.--
       (1) In general.--The Secretary shall offer to enter into an 
     agreement with the National Academy of Sciences and the 
     National Institutes of Health to conduct a study of--
       (A) the existing and planned expansion of the industry of 
     the producers of covered products, including the entire 
     supply chain, end uses, disposal fate, and lifecycle impacts 
     of covered products;
       (B) the environmental justice and pollution impacts of 
     covered facilities and the products of covered facilities;
       (C) the existing standard technologies and practices of 
     covered facilities with respect to the discharge and emission 
     of pollutants into the environment; and
       (D) the best available technologies and practices that 
     reduce or eliminate the environmental justice and pollution 
     impacts of covered facilities and the products of covered 
     facilities.
       (2) Requirements.--The study under paragraph (1) shall--
       (A) consider--
       (i) the direct, indirect, and cumulative environmental 
     impacts of the industries of covered facilities to date; and
       (ii) the impacts of the planned expansion of those 
     industries, including local, regional, national, and 
     international air, water, waste, climate change, public 
     health, and environmental justice impacts of those 
     industries; and
       (B) recommend technologies, standards, and practices to 
     remediate or eliminate the local, regional, national, and 
     international air, water, waste, climate change, public 
     health, and environmental justice impacts of covered 
     facilities and the industries of covered facilities.
       (3) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the results of the study under paragraph 
     (1).
                                 ______
                                 
  SA 1490. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to 
support innovation in advanced geothermal research and development, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the end, add the following:

                 TITLE IV--ENERGY SECURITY COOPERATION

     SEC. 4001. SHORT TITLE.

       This title may be cited as the ``Energy Security 
     Cooperation with Allied Partners in Europe Act of 2020''.

     SEC. 4002. STATEMENT OF POLICY.

       It is the policy of the United States--
       (1) to reduce the dependency of allies and partners of the 
     United States on Russian energy resources, especially natural 
     gas, in order for those countries to achieve lasting and 
     dependable energy security;
       (2) to condemn the Government of the Russian Federation 
     for, and to deter that government from, using its energy 
     resources as a geopolitical weapon to coerce, intimidate, and 
     influence other countries;
       (3) to improve energy security in Europe by increasing 
     access to diverse, reliable, and affordable energy;
       (4) to promote energy security in Europe by working with 
     the European Union and other allies of the United States to 
     develop liberalized energy markets that provide diversified 
     energy sources, suppliers, and routes;
       (5) to continue to strongly oppose the Nord Stream 2 
     pipeline based on its detrimental effects on the energy 
     security of the European Union and the economy of Ukraine and 
     other countries in Central Europe through which natural gas 
     is transported; and
       (6) to support countries that are allies or partners of the 
     United States by expediting the export of energy resources 
     from the United States.

     SEC. 4003. NORTH ATLANTIC TREATY ORGANIZATION.

       The President should direct the United States Permanent 
     Representative on the Council of the North Atlantic Treaty 
     Organization (in this title referred to as ``NATO'') to use 
     the voice and influence of the United States to encourage 
     NATO member countries to work together to achieve energy 
     security for those countries and countries in Europe and 
     Eurasia that are partners of NATO.

     SEC. 4004. TRANSATLANTIC ENERGY STRATEGY.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States and other NATO member countries should 
     explore ways to ensure that NATO member countries diversify 
     their energy supplies and routes in order to enhance their 
     energy security, including through the development of a 
     transatlantic energy strategy.
       (b) Transatlantic Energy Strategy.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     coordination with the Administrator of the United States 
     Agency for International Development and the Secretary of 
     Energy, shall submit to the appropriate congressional 
     committees a transatlantic energy strategy for the United 
     States--
       (A) to enhance the energy security of NATO member countries 
     and countries that are partners of NATO; and
       (B) to increase exports of energy, energy technologies, and 
     energy development services from the United States to such 
     countries.
       (2) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Foreign Relations of the Senate; and
       (B) the Committee on Foreign Affairs of the House of 
     Representatives.

     SEC. 4005. EXPEDITED APPROVAL OF EXPORTATION OF NATURAL GAS 
                   TO UNITED STATES ALLIES.

       (a) In General.--Section 3(c) of the Natural Gas Act (15 
     U.S.C. 717b(c)) is amended--
       (1) by inserting ``(1)'' before ``For purposes'';
       (2) by striking ``nation with which there is in effect a 
     free trade agreement requiring national treatment for trade 
     in natural gas'' and inserting ``foreign country described in 
     paragraph (2)''; and
       (3) by adding at the end the following:
       ``(2) A foreign country described in this paragraph is--
       ``(A) a nation with which there is in effect a free trade 
     agreement requiring national treatment for trade in natural 
     gas;
       ``(B) a member country of the North Atlantic Treaty 
     Organization;
       ``(C) subject to paragraph (3), Japan; and
       ``(D) any other foreign country if the Secretary of State, 
     in consultation with the Secretary of Defense, determines 
     that exportation of natural gas to that foreign country would 
     promote the national security interests of the United States.
       ``(3) The exportation of natural gas to Japan shall be 
     deemed to be consistent with the public interest pursuant to 
     paragraph (1), and applications for such exportation shall be 
     granted without modification or delay under that paragraph, 
     during only such period as the Treaty of Mutual Cooperation 
     and Security, signed at Washington January 19, 1960, and 
     entered into force June 23, 1960 (11 UST 1632; TIAS 4509), 
     between the United States and Japan, remains in effect.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to applications for the 
     authorization to export natural gas under section 3 of the 
     Natural Gas Act (15 U.S.C. 717b) that are pending on, or 
     filed on or after, the date of the enactment of this Act.
                                 ______
                                 
  SA 1491. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to 
support innovation in advanced geothermal research and development, and 
for other purposes; which was ordered to lie on the table; as follows:

       In section 2304(b)(4), strike ``or 2306''.
       Strike section 2306.
                                 ______
                                 
  SA 1492. Mrs. GILLIBRAND (for Mr. Sanders (for himself, Mrs. 
Gillibrand, Ms. Harris, and Mr. Markey)) submitted an amendment 
intended to be proposed to amendment SA 1407 proposed by Ms. Murkowski 
to the bill S. 2657, to support innovation in advanced geothermal 
research and development, and for other purposes; which was ordered to 
lie on the table; as follows:

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

     SEC. 15__. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS.

       (a) In General.--Chapter 10 of title I of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2131 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 113. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS.

       ``a. Definitions.--In this section:
       ``(1) Affected state.--The term `affected State' means--
       ``(A) the host State of a covered facility; and
       ``(B) each State located within 50 miles of a covered 
     facility.
       ``(2) Commission.--The term `Commission' means the Nuclear 
     Regulatory Commission.
       ``(3) Covered facility.--The term `covered facility' means 
     a facility of a licensee for which a PSDAR is required.
       ``(4) Host state.--The term `host State' means the State in 
     which a covered facility is located.
       ``(5) License; licensee.--The terms `license' and 
     `licensee' have the meanings given those terms in section 
     50.2 of title 10, Code of Federal Regulations (or successor 
     regulations).
       ``(6) PSDAR.--The term `PSDAR' means a post-shutdown 
     decommissioning activities report submitted to the Commission 
     and affected States under section 50.82(a)(4)(i) of title 10, 
     Code of Federal Regulations (or successor regulations).
       ``(7) Transferee.--The term `transferee' means an entity to 
     which a licensee proposes to transfer a license for a covered 
     facility.
       ``(8) Tribal government.--The term `Tribal government' 
     means the governing body of an Indian tribe (as defined in 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5304)).
       ``b. Consultation Required.--Notwithstanding any other 
     provision of law (including regulations), a licensee may not 
     submit

[[Page S1485]]

     to the Commission a proposed PSDAR, or transfer to another 
     entity the license, for a covered facility until the licensee 
     and the transferee, if applicable, conduct consultation 
     regarding the development of the proposed PSDAR or the 
     proposed license transfer, as applicable, with--
       ``(1) each affected State; and
       ``(2) each unit of State government or Tribal government 
     that--
       ``(A) is located in an affected State; and
       ``(B) has jurisdiction over land located within 50 miles of 
     the covered facility.
       ``c. Submission to Commission; Additional Consultation.--
       ``(1) In general.--After carrying out the consultation 
     required under subsection b. with respect to a proposed PSDAR 
     or transfer of a license for a covered facility, the licensee 
     shall--
       ``(A) submit to the Commission, as applicable--
       ``(i) the proposed PSDAR; or
       ``(ii) an application for transfer of a license; and
       ``(B) subject to paragraph (3), make the proposed PSDAR or 
     application for transfer of a license, as applicable, 
     available to the public.
       ``(2) Public availability.--On receipt of a proposed PSDAR 
     or notice of a proposed license transfer under paragraph 
     (1)(A), the Commission shall, subject to paragraph (3), make 
     the proposed PSDAR or application for transfer of a license, 
     as applicable, available to the public.
       ``(3) Exclusion of certain information.--In making a 
     proposed PSDAR or application for transfer of a license, as 
     applicable, available to the public under paragraph (1)(B) or 
     (2), the Commission or the licensee, as applicable, may 
     redact such information as the Commission or the licensee, as 
     applicable, determines to be necessary to protect--
       ``(A) trade secrets and commercial or financial information 
     under section 552(b)(4) of title 5, United States Code; or
       ``(B) national security.
       ``d. Public Participation.--For a period of not less than 
     90 days beginning on the date on which a licensee submits a 
     proposed PSDAR to the Commission under subsection c. (1)(A) 
     or the date on which the Commission dockets an application 
     for transfer of a license under section 2.101 of title 10, 
     Code of Federal Regulations (or successor regulations), as 
     applicable, the Commission shall solicit in the host State 
     public comments regarding the proposed PSDAR or notice of 
     proposed license transfer, including through--
       ``(1) the solicitation of written comments; and
       ``(2) the conduct of not fewer than 2 public meetings.
       ``e. Support, Conditional Support, or Nonsupport by Host 
     State.--
       ``(1) In general.--Not later than 60 days after the date of 
     receipt of a proposed PSDAR or the date on which the 
     Commission dockets an application for transfer of a license 
     under section 2.101 of title 10, Code of Federal Regulations 
     (or successor regulations), as applicable, for a covered 
     facility, the Commission shall notify the host State of the 
     opportunity to file with the Commission, by the date that is 
     60 days after the date on which the host State receives the 
     notification--
       ``(A) a statement of support for the proposed PSDAR or 
     license transfer;
       ``(B) a statement of conditional support for the proposed 
     PSDAR or license transfer, together with specific 
     recommendations for changes that could lead the host State to 
     support the proposed PSDAR or license transfer; or
       ``(C) a statement of nonsupport for the proposed PSDAR or 
     license transfer.
       ``(2) Statement of support or nonsupport; failure to 
     submit.--
       ``(A) In general.--If the host State files with the 
     Commission a statement of support under paragraph (1)(A) or a 
     statement of nonsupport under paragraph (1)(C), or fails to 
     file a statement with the Commission by the deadline 
     specified in paragraph (1), the Commission shall issue a 
     determination regarding whether the proposed PSDAR is 
     adequate or inadequate or a determination regarding whether 
     to provide consent for the proposed license transfer, as 
     applicable--
       ``(i) based on the considerations described in subparagraph 
     (B); and
       ``(ii) after taking into consideration--

       ``(I) any written comments submitted by the host State, 
     other affected States, and local communities with respect to 
     the proposed PSDAR or license transfer; and
       ``(II) any input from the public under subsection d.

       ``(B) Considerations.--The Commission shall consider a 
     proposed PSDAR or license transfer to be adequate under 
     subparagraph (A) if the Commission determines that--
       ``(i) the proposed PSDAR or license transfer provides for--

       ``(I) the overall protection of human health and the 
     environment; and
       ``(II) adequate protection to the health and safety of the 
     public and the common defense and security;

       ``(ii) the licensee (and, if applicable, the transferee) 
     has a substantial likelihood of implementing the proposed 
     PSDAR or license transfer within the timeframe described in 
     the proposed PSDAR or license transfer application;
       ``(iii) the proposed PSDAR or license transfer is in 
     accordance with applicable law (including regulations); and
       ``(iv) the licensee (and, if applicable, the transferee) 
     has demonstrated that the licensee has, or will have, the 
     funds required to fully implement the proposed PSDAR or 
     license transfer within the timeframe described in the 
     proposed PSDAR or license transfer application, based on--

       ``(I) a comprehensive radiological site assessment and 
     characterization; and
       ``(II) a nonradiological site assessment and 
     characterization conducted by the host State.

       ``(C) Determination of adequacy.--Subject to paragraph (4), 
     if the Commission determines that a proposed PSDAR or license 
     transfer is adequate under subparagraphs (A) and (B), the 
     Commission shall issue a decision document approving the 
     PSDAR or license transfer.
       ``(D) Determination of inadequacy.--If the Commission 
     determines that a proposed PSDAR or license transfer is 
     inadequate under subparagraphs (A) and (B)--
       ``(i) the Commission shall issue a decision document 
     rejecting the proposed PSDAR or license transfer, including a 
     description of the reasons for the decision, by the 
     applicable deadline under paragraph (4); and
       ``(ii) not later than 2 years after the date of cessation 
     of operations at the applicable covered facility, the 
     licensee shall develop and submit to the Commission a new 
     proposed PSDAR or license transfer in accordance with this 
     section.
       ``(3) Conditional support by host state.--
       ``(A) In general.--In any case in which the host State 
     files with the Commission a statement of conditional support 
     of a proposed PSDAR or license transfer under paragraph 
     (1)(B), the Commission shall determine whether the proposed 
     PSDAR or license transfer is permissible under applicable law 
     (including regulations).
       ``(B) Changes.--Notwithstanding the adequate protection of 
     public health and safety or the common defense and security, 
     for each change recommended by the host State under paragraph 
     (1)(B), the Commission shall--
       ``(i) provide for the inclusion of the change into the 
     final PSDAR or license transfer, unless the Commission 
     determines the change to be inappropriate for inclusion, 
     based on clear and convincing evidence that--

       ``(I) the change violates applicable law; or
       ``(II) the total costs of the change substantially outweigh 
     the safety, economic, or environmental benefits of the change 
     to the host State; and

       ``(ii) if applicable, provide the rationale for each 
     determination of inappropriateness under clause (i).
       ``(C) Decision document.--
       ``(i) In general.--Subject to paragraph (4), based on the 
     determinations made under subparagraphs (A) and (B), the 
     Commission shall issue a decision document relating to a 
     proposed PSDAR or license transfer that, as applicable--

       ``(I) approves the proposed PSDAR or license transfer with 
     any changes recommended by the host State that are not 
     determined to be inappropriate under subparagraph (B); or
       ``(II) rejects the proposed PSDAR or license transfer.

       ``(ii) Applicable law.--A decision document issued under 
     clause (i) or subparagraph (C) or (D)(i) of paragraph (2) 
     shall be considered to be a final order entered in a 
     proceeding under section 189 a.
       ``(D) Treatment on approval.--On approval by the Commission 
     of a proposed PSDAR or license transfer under subparagraph 
     (C)(i)(I) or paragraph (2)(C)--
       ``(i) the PSDAR or approval of the license transfer by the 
     Commission shall be final; and
       ``(ii) the licensee may begin implementation of the PSDAR.
       ``(E) Rejection.--If the Commission rejects a proposed 
     PSDAR or license transfer under subparagraph (C)(i)(II), not 
     later than 2 years after the date of cessation of operations 
     at the applicable covered facility, the licensee shall 
     develop and submit to the Commission a new proposed PSDAR or 
     license transfer in accordance with this section.
       ``(4) Deadline for decision document.--
       ``(A) In general.--Subject to subparagraphs (B) and (C), 
     the Commission shall issue a decision document relating to a 
     proposed PSDAR or license transfer under subparagraph (C) or 
     (D)(i) of paragraph (2) or paragraph (3)(C)(i) by not later 
     than 1 year after the date on which the proposed PSDAR or an 
     application for transfer of a license, as applicable, is 
     submitted to the Commission under subsection c. (1)(A).
       ``(B) Proposed intermediate license transfers.--
       ``(i) Definition of proposed intermediate license 
     transfer.--In this subparagraph, the term `proposed 
     intermediate license transfer' means a proposed transfer of 
     license--

       ``(I) for a covered facility on behalf of which a proposed 
     PSDAR has been submitted by the licensee to the Commission 
     under subsection c. (1)(A)(i); and
       ``(II) the notice of which is submitted to the Commission 
     under subsection c. (1)(A)(ii) before the applicable deadline 
     under subparagraph (A) for the issuance by the Commission of 
     a decision document relating to the proposed PSDAR described 
     in subclause (I).

       ``(ii) Deadline.--Subject to subparagraph (C), in any case 
     in which a licensee submits to the Commission a notice of a 
     proposed intermediate license transfer of a covered facility, 
     the Commission shall issue a decision

[[Page S1486]]

     document relating to the proposed PSDAR of the covered 
     facility by not later than 1 year after the date of receipt 
     of the application for transfer of a license.
       ``(C) Extension.--If there are unforeseen circumstances, 
     including unexpected technical issues, site-specific 
     characteristics, or other external factors that could affect 
     the ability of the Commission to issue a decision document by 
     a deadline specified in subparagraph (A) or (B)(ii), the 
     Commission may extend the applicable deadline for a 
     reasonable period of time, as determined by the Commission.
       ``f. Additional Requirements.--
       ``(1) Action by transferees.--On transfer of a license for 
     a covered facility by a licensee to a transferee in 
     accordance with this section, the transferee shall conduct 
     consultation in accordance with subsection b. with respect to 
     each proposed PSDAR developed by the transferee for the 
     covered facility.
       ``(2) State environmental law compliance.--Notwithstanding 
     any other provision of this section, the Commission shall not 
     approve a proposed PSDAR or license transfer under this 
     section unless the proposed PSDAR or license transfer for a 
     covered facility includes a requirement that the licensee and 
     the transferee, if applicable, shall comply with applicable 
     State law relating to air, water, or soil quality or 
     radiological standards with respect to the implementation of 
     the proposed PSDAR or license transfer in any case in which 
     the applicable State law is more restrictive than an 
     applicable Federal law.
       ``g. Application to Existing Decommissioning Activities.--
       ``(1) In general.--The Commission shall notify--
       ``(A) each licensee or transferee, if applicable, of the 
     opportunity to develop and submit to the Commission for 
     approval a revised PSDAR for any covered facility of the 
     licensee for which, as of the date of enactment of this 
     section--
       ``(i) decontamination and dismantlement activities 
     described in the PSDAR have not commenced at the covered 
     facility; or
       ``(ii) decontamination and dismantlement activities 
     described in the PSDAR have been commenced at the covered 
     facility for a period of less than 5 years; and
       ``(B) each affected State with respect to a covered 
     facility described in subparagraph (A) of the opportunity to 
     consult with a licensee or transferee described in that 
     subparagraph in accordance with subsection b.
       ``(2) Process.--
       ``(A) In general.--Except as provided in paragraphs (3) and 
     (4), if a licensee or transferee described in paragraph 
     (1)(A) elects to submit to the Commission a revised PSDAR 
     under that paragraph, the process for consideration and 
     approval of the revised PSDAR shall be carried out in 
     accordance with--
       ``(i) the process for consideration and approval of a 
     proposed PSDAR for a covered facility under subsections b., 
     c., d., and f.; and
       ``(ii) the process for support, conditional support, or 
     nonsupport by the host State under subsection e.
       ``(B) Nonselection.--If a licensee or transferee described 
     in paragraph (1)(A) elects not to revise an original PSDAR 
     under that paragraph, the host State may file a statement of 
     support, conditional support, or nonsupport for the original 
     PSDAR in accordance with the process for support, conditional 
     support, or nonsupport by a host State under subsection e.
       ``(3) Decision document.--A decision document for a revised 
     PSDAR submitted under paragraph (1)(A), or for an original 
     PSDAR in any case in which the licensee or transferee elects 
     not to revise the original PSDAR, shall be issued in 
     accordance with subparagraph (C) or (D)(I) of subsection e. 
     (2) or subsection e. (3)(C), as applicable, except that the 
     Commission shall issue the decision document by the date that 
     is 1 year after the date on which the applicable 
     decontamination and dismantlement activities commence at the 
     applicable covered facility.
       ``(4) Revision after determination of inadequacy.--If the 
     Commission rejects a revised PSDAR submitted by a licensee or 
     transferee under paragraph (1)(A) in accordance with 
     subsection e. (2)(D) or subsection e. (3)(E), the licensee or 
     transferee shall develop and submit to the Commission a new 
     revised PSDAR in accordance with this subsection by not later 
     than 2 years after the date of the rejection.''.
       (b) Technical and Conforming Amendments.--
       (1) In general.--The Atomic Energy Act of 1954 is amended--
       (A) in section 103 (42 U.S.C. 2133)--
       (i) in subsection d., in the second sentence, by striking 
     ``any any'' and inserting ``any''; and
       (ii) by redesignating subsection f. as subsection e.; and
       (B) in section 111 (42 U.S.C. 2141), by striking the 
     section designation and all that follows through ``The 
     Nuclear'' in subsection a. and inserting the following:

     ``SEC. 111. LICENSING BY NUCLEAR REGULATORY COMMISSION OF 
                   DISTRIBUTION OF CERTAIN MATERIALS BY DEPARTMENT 
                   OF ENERGY.

       ``a. The Nuclear''.
       (2) Table of contents.--The table of contents of the Atomic 
     Energy Act of 1954 (68 Stat. 919; 126 Stat. 2216) is amended 
     by striking the items relating to chapter 10 of title I and 
     inserting the following:

                  ``Chapter 10. Atomic Energy Licenses

``Sec. 101. License required.
``Sec. 102. Utilization and production facilities for industrial or 
              commercial purposes.
``Sec. 103. Commercial licenses.
``Sec. 104. Medical therapy and research and development.
``Sec. 105. Antitrust provisions.
``Sec. 106. Classes of facilities.
``Sec. 107. Operators' licenses.
``Sec. 108. War or national emergency.
``Sec. 109. Component and other parts of facilities.
``Sec. 110. Exclusions.
``Sec. 111. Licensing by Nuclear Regulatory Commission of distribution 
              of certain materials by Department of Energy.
``Sec. 112. Domestic medical isotope production.
``Sec. 113. Post-shutdown decommissioning activities reports.''.
       (c) Economic Adjustment Assistance for Community Advisory 
     Boards.--
       (1) Definitions.--In this subsection:
       (A) Administrator.--The term ``Administrator'' means the 
     Administrator of the Economic Development Administration.
       (B) Community advisory board.--
       (i) In general.--The term ``community advisory board'' 
     means a local community committee or other advisory 
     organization established for the purpose of fostering 
     communication and information exchange between--

       (I) a licensee planning for, and involved in, the 
     decommissioning of a nuclear facility owned or operated by 
     the licensee; and
       (II) members of a community that the decommissioning 
     referred to in subclause (I) may affect.

       (ii) Inclusions.--The term ``community advisory board'' 
     includes an organization described in clause (i) that is--

       (I) sponsored by a licensee; or
       (II) required under applicable State law (including 
     regulations).

       (C) Licensee.--The term ``licensee'' means a person 
     licensed by the Nuclear Regulatory Commission under chapter 
     10 of title I of the Atomic Energy Act of 1954 (42 U.S.C. 
     2131 et seq.).
       (2) Authorization of assistance.--Notwithstanding any other 
     provision of law, the Administrator shall establish a program 
     under which the Administrator shall provide to community 
     advisory boards economic adjustment assistance grants under 
     section 209 of the Public Works and Economic Development Act 
     of 1965 (42 U.S.C. 3149) or any other economic adjustment 
     assistance program of the Administrator.
       (3) Eligibility.--A community advisory board shall be 
     eligible to receive a grant under this subsection if, as 
     determined by the Administrator, the community advisory 
     board--
       (A) is composed of an organized group of individuals 
     (including local community leaders and elected officials, 
     State representatives, and staff of the applicable licensee) 
     interested in safe decommissioning practices and spent 
     nuclear fuel management at a nuclear facility that is--
       (i)(I) undergoing decommissioning; or
       (II) projected to undergo decommissioning not later than 3 
     years after the date on which an application is submitted 
     under subparagraph (C); and
       (ii) located in the area in which the individuals reside or 
     are employed;
       (B) has in effect a governing charter to establish the 
     roles and responsibilities of members; and
       (C) submits to the Administrator an application at such 
     time, in such manner, and containing such information as the 
     Administrator may require.
       (4) Use of funds.--A grant provided under this subsection--
       (A) may be used for the administrative costs of the 
     recipient community advisory board, including the costs of--
       (i) staffing; and
       (ii) hiring any expert or other professional to assist the 
     community advisory board in navigating the decommissioning 
     process to ensure that the understanding and relevant 
     capabilities of the community advisory board are equivalent 
     to those of industry stakeholders, including the applicable 
     licensee; but
       (B) shall not be used for any economic development 
     activity.
       (5) Authorization of appropriations.--There is authorized 
     to be appropriated to the Administrator to carry out this 
     subsection $5,000,000 for each of fiscal years 2021 through 
     2025.
                                 ______
                                 
  SA 1493. Mr. LEE (for himself, Mr. Cruz, Mr. Risch, and Mr. Crapo) 
submitted an amendment intended to be proposed to amendment SA 1407 
proposed by Ms. Murkowski to the bill S. 2657, to support innovation in 
advanced geothermal research and development, and for other purposes; 
which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. SMALL REFINERY EXEMPTIONS.

       Section 211(o)(9) of the Clean Air Act (42 U.S.C. 
     7545(o)(9)) is amended--
       (1) in subparagraph (A)(ii)(II), by inserting ``grant or'' 
     after ``the Administrator shall''; and
       (2) in subparagraph (B)(i), by inserting ``for a new 
     exemption or'' after ``the Administrator''.

[[Page S1487]]

  

                                 ______
                                 
  SA 1494. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to 
support innovation in advanced geothermal research and development, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the end, add the following:

              TITLE IV--REPEAL OF ENERGY TAX EXPENDITURES

     SEC. 4001. SHORT TITLE; ETC.

       (a) Short Title.--This title may be cited as the ``Energy 
     Tax Expenditure Repeal Act of 2020''.
       (b) Amendment of 1986 Code.--Except as otherwise expressly 
     provided, whenever 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 the Internal 
     Revenue Code of 1986.

     SEC. 4002. REPEAL OF CREDIT FOR NONBUSINESS ENERGY PROPERTY.

       (a) In General.--Subpart A of part IV of subchapter A of 
     chapter 1 is amended by striking section 25C (and by striking 
     the item relating to such section in the table of sections of 
     such subpart).
       (b) Conforming Amendment.--Section 1016(a) is amended by 
     striking paragraph (33).
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2017.

     SEC. 4003. REPEAL OF CREDIT FOR RESIDENTIAL ENERGY EFFICIENT 
                   PROPERTY.

       (a) In General.--Subpart A of part IV of subchapter A of 
     chapter 1 is amended by striking section 25D (and by striking 
     the item relating to such section in the table of sections 
     for such subpart).
       (b) Conforming Amendments.--
       (1) Section 23(c)(1) is amended by striking ``and section 
     25D''.
       (2) Section 25(e)(1)(C) is amended by striking ``sections 
     23 and 25D'' and inserting ``section 23''.
       (3) Section 1016(a) is amended by striking paragraph (34).
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2020.

     SEC. 4004. REPEAL OF ALTERNATIVE MOTOR VEHICLE CREDIT.

       (a) In General.--Subpart B of part IV of subchapter A of 
     chapter 1 is amended by striking section 30B (and by striking 
     the item relating to such section in the table of sections 
     for such subpart).
       (b) Conforming Amendments.--
       (1) Section 38(b) is amended by striking paragraph (24).
       (2) Section 1016(a) is amended by striking paragraph (35).
       (3) Section 6501(m) is amended by striking ``30B(h)(9),''.
       (4) Section 301(3)(B) of the Energy Policy Act of 1992 (42 
     U.S.C. 13211(3)(B)) is amended--
       (A) in clause (i), by inserting ``, as in effect on the day 
     before the date of the enactment of the Energy Tax 
     Expenditure Repeal Act of 2020'' after ``section 30B(b)(3) of 
     title 26'',
       (B) in clause (ii), by inserting ``, as in effect on the 
     day before the date of the enactment of that Act'' after 
     ``section 30B(c)(3) of that title'', and
       (C) in clause (iii), by inserting ``, as in effect on the 
     day before the date of the enactment of that Act'' after 
     ``section 30B(d)(3) of that title''.
       (5) Section 508(a)(2) of the Energy Policy Act of 1992 (42 
     U.S.C. 13258(a)(2)) is amended by inserting ``, as in effect 
     on the day before the date of the enactment of the Energy Tax 
     Expenditure Repeal Act of 2020'' after ``section 30B(d)(3) of 
     title 26''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property purchased after December 31, 2017.

     SEC. 4005. REPEAL OF ALTERNATIVE FUEL VEHICLE REFUELING 
                   PROPERTY CREDIT.

       (a) In General.--Subpart B of part IV of subchapter A of 
     chapter 1 is amended by striking section 30C (and by striking 
     the item relating to such section in the table of sections 
     for such subpart).
       (b) Conforming Amendments.--
       (1) Section 38(b) is amended by striking paragraph (25).
       (2) Section 55(c)(3) is amended by striking ``sections 
     30C(d)(2) and 38(c)'' and inserting ``section 38(c)''.
       (3) Section 1016(a) is amended by striking paragraph (36).
       (4) Section 6501(m) is amended by striking ``30C(e)(5),''.
       (5) Section 244(b) of the Energy Independence and Security 
     Act of 2007 (42 U.S.C. 17052(b)) is amended by striking 
     paragraph (6).
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2017.

     SEC. 4006. REPEAL OF CREDIT FOR NEW QUALIFIED PLUG-IN 
                   ELECTRIC DRIVE MOTOR VEHICLES.

       (a) In General.--Subpart B of part IV of subchapter A of 
     chapter 1 is amended by striking section 30D (and by striking 
     the item relating to such section in the table of sections 
     for such subpart).
       (b) Conforming Amendments.--
       (1) Section 38(b) is amended by striking paragraph (30).
       (2) Section 1016(a) is amended by striking paragraph (37).
       (3) Section 6501(m) is amended by striking ``30D(e)(4),''.
       (4) Section 166(b)(5)(A)(ii) of title 23, United States 
     Code, is amended by inserting ``, as in effect on the day 
     before the date of the enactment of the Energy Tax 
     Expenditure Repeal Act of 2020'' after ``section 30D(d)(1) of 
     the Internal Revenue Code of 1986''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to vehicles acquired after December 31, 2020.

     SEC. 4007. REPEAL OF ENHANCED OIL RECOVERY CREDIT.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 is amended by striking section 43 (and by striking 
     the item relating to such section in the table of sections 
     for such subpart).
       (b) Conforming Amendments.--
       (1) Section 38(b) is amended by striking paragraph (6).
       (2) Section 45K(b) is amended by striking paragraph (5).
       (3) Section 196(c) is amended by striking paragraph (5).
       (4) Section 6501(m) is amended by striking ``43,''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred in taxable years 
     beginning after December 31, 2020.

     SEC. 4008. REPEAL OF CREDIT FOR ELECTRICITY PRODUCED FROM 
                   CERTAIN RENEWABLE RESOURCES.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 is amended by striking section 45 (and by striking 
     the item relating to such section in the table of sections 
     for such subpart).
       (b) Conforming Amendments.--
       (1) Section 38 is amended--
       (A) in subsection (b), by striking paragraph (8), and
       (B) in subsection (c)(4)(B), by striking clauses (iv) and 
     (v).
       (2) Section 45K(g)(2) is amended by striking subparagraph 
     (E).
       (3) Section 55(c)(1) is amended by striking 
     ``45(e)(11)(C),''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2020.

     SEC. 4009. REPEAL OF CREDIT FOR PRODUCING OIL AND GAS FROM 
                   MARGINAL WELLS.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 is amended by striking section 45I (and by striking 
     the item relating to such section in the table of sections 
     for such subpart).
       (b) Conforming Amendment.--Section 38(b) is amended by 
     striking paragraph (19).
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2020.

     SEC. 4010. REPEAL OF CREDIT FOR PRODUCTION FROM ADVANCED 
                   NUCLEAR POWER FACILITIES.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 is amended by striking section 45J (and by striking 
     the item relating to such section in the table of sections 
     for such subpart).
       (b) Conforming Amendments.--
       (1) Section 38(b) is amended by striking paragraph (21).
       (2) Section 501(c)(12) is amended by striking subparagraph 
     (I).
       (c) Effective Date.--The amendments made by this section 
     shall apply to electricity produced and sold after December 
     31, 2020.

     SEC. 4011. REPEAL OF NEW ENERGY EFFICIENT HOME CREDIT.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 is amended by striking section 45L (and by striking 
     the item relating to such section in the table of sections 
     for such subpart).
       (b) Conforming Amendments.--
       (1) Section 38(b) is amended by striking paragraph (23).
       (2) Section 196(c) is amended--
       (A) by inserting ``and'' at the end of paragraph (12),
       (B) by striking paragraph (13), and
       (C) by redesignating paragraph (14) as paragraph (13).
       (3) Section 1016(a) is amended by striking paragraph (32).
       (c) Effective Date.--The amendments made by this section 
     shall apply to homes acquired after December 31, 2017.

     SEC. 4012. REPEAL OF CREDIT FOR CARBON OXIDE SEQUESTRATION.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 is amended by striking section 45Q (and by striking 
     the item relating to such section in the table of sections 
     for such subpart).
       (b) Conforming Amendment.--Section 38(b) is amended by 
     striking paragraph (29).
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2020.

     SEC. 4013. REPEAL OF ENERGY CREDIT.

       (a) In General.--Subpart E of part IV of subchapter A of 
     chapter 1 is amended by striking section 48 (and by striking 
     the item relating to such section in the table of sections 
     for such subpart).
       (b) Conforming Amendments.--
       (1) Section 38(c)(4)(B) is amended by striking clause (x).
       (2) Section 45K(b)(3)(A)(i)(III) is amended by inserting 
     ``, as in effect on the day before the date of the enactment 
     of the Energy Tax Expenditure Repeal Act of 2020'' after 
     ``section 48(a)(4)(C)''.
       (3) Section 168(e)(3)(B)(vi)(I) is amended by inserting ``, 
     as in effect on the day before the date of the enactment of 
     the Energy Tax Expenditure Repeal Act of 2020'' after 
     ``section 48(a)(3)''.

[[Page S1488]]

       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2020.

     SEC. 4014. REPEAL OF QUALIFYING ADVANCED COAL PROJECT CREDIT.

       (a) In General.--Subpart E of part IV of subchapter A of 
     chapter 1 is amended by striking section 48A (and by striking 
     the item relating to such section in the table of sections 
     for such subpart).
       (b) Conforming Amendment.--Section 411 of the Energy Policy 
     Act of 2005 (42 U.S.C. 15971) is amended by striking 
     subsection (d).
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2020.

     SEC. 4015. REPEAL OF QUALIFYING GASIFICATION PROJECT CREDIT.

       (a) In General.--Subpart E of part IV of subchapter A of 
     chapter 1 is amended by striking section 48B (and by striking 
     the item relating to such section in the table of sections 
     for such subpart).
       (b) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2020.

     SEC. 4016. REPEAL OF QUALIFYING ADVANCED ENERGY PROJECT 
                   CREDIT.

       (a) In General.--Subpart E of part IV of subchapter A of 
     chapter 1 is amended by striking section 48C (and by striking 
     the item relating to such section in the table of sections 
     for such subpart).
       (b) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2020.

     SEC. 4017. REPEAL OF EXCLUSION OF ENERGY CONSERVATION 
                   SUBSIDIES PROVIDED BY PUBLIC UTILITIES.

       (a) In General.--Part III of subchapter B of chapter 1 is 
     amended by striking section 136 (and by striking the item 
     relating to such section in the table of sections for such 
     part).
       (b) Effective Date.--The amendments made by this section 
     shall apply to amounts received after December 31, 2020.

     SEC. 4018. EXPENSING OF GEOLOGICAL AND GEOPHYSICAL 
                   EXPENDITURES.

       (a) In General.--Part VI of subchapter B of chapter 1 is 
     amended by inserting after section 176 the following new 
     section:

     ``SEC. 177. GEOLOGICAL AND GEOPHYSICAL EXPENDITURES.

       ``(a) Treatment as Expenses.--A taxpayer may elect to treat 
     any geological and geophysical expenses paid or incurred in 
     connection with the exploration for, or development of, oil 
     or gas within the United States (as defined in section 638) 
     which are paid or incurred by the taxpayer during the taxable 
     year as expenses which are not chargeable to capital account. 
     The expenditures so treated shall be allowed as a deduction.
       ``(b) Election.--An election under subsection (a) shall be 
     made at such time and in such manner as the Secretary 
     prescribes by regulations.''.
       (b) Conforming Amendments.--
       (1) Section 167 is amended by striking subsection (h).
       (2) Section 263A(c)(3) is amended by striking ``167(h),''.
       (3) The table of sections for part VI of subchapter B of 
     chapter 1 is amended by inserting after the item relating to 
     section 176 the following new item:

``Sec. 177. Geological and geophysical expenditures.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred after December 31, 
     2020.

     SEC. 4019. PERMANENT EXPENSING OF COSTS RELATED TO SPECIFIED 
                   ENERGY PROPERTY.

       (a) In General.--Section 168(k) is amended by adding at the 
     end the following new paragraph:
       ``(11) Permanent expensing of costs related to specified 
     energy property.--
       ``(A) In general.--In the case of any specified energy 
     property--
       ``(i) paragraphs (2)(A)(iii) and (8) shall not apply, and
       ``(ii) the applicable percentage shall be 100 percent.
       ``(B) Specified energy property.--For purposes of this 
     paragraph, the term `specified energy property' means any 
     qualified property which is described in--
       ``(i) clause (vi) of subparagraph (B) of subsection (e)(3),
       ``(ii) clauses (iii) and (iv) of subparagraph (C) of such 
     subsection,
       ``(iii) clause (iii) or (iv) of subparagraph (D) of such 
     subsection, or
       ``(iv) clauses (iii) through (vi) of subparagraph (E) of 
     such subsection.''.
       (b) Conforming Amendment.--Section 168(k)(6)(A) is amended 
     by inserting ``or paragraph (11)'' after ``this paragraph''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2020.

     SEC. 4020. PERMANENT EXPENSING OF COSTS RELATED TO CERTAIN 
                   ATMOSPHERIC POLLUTION CONTROL FACILITIES.

       (a) In General.--Paragraph (11) of section 168(k), as added 
     by section 4019 of this Act, is amended--
       (1) in the heading, by inserting ``and certain atmospheric 
     pollution control facilities'' after ``specified energy 
     property'', and
       (2) in subparagraph (A), by inserting ``or any atmospheric 
     pollution control facility (as described in section 
     169(d)(5))'' after ``specified energy property''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2020.

     SEC. 4021. REPEAL OF DEDUCTION FOR ENERGY EFFICIENT 
                   COMMERCIAL BUILDINGS.

       (a) In General.--Part VI of subchapter B of chapter 1 is 
     amended by striking section 179D (and by striking the item 
     relating to such section in the table of sections for such 
     part).
       (b) Conforming Amendment.--
       (1) Section 263(a)(1) is amended--
       (A) in subparagraph (I), by adding ``or'' at the end,
       (B) by striking subparagraph (J), and
       (C) by redesignating subparagraph (K) as subparagraph (J).
       (2) Section 312(k)(3)(B) is amended by striking ``, 179D'' 
     each place it appears.
       (3) Section 1016(a) is amended by striking paragraph (31).
       (4) Section 1245(a) is amended--
       (A) in paragraph (2)(C), by striking ``179,'', and
       (B) in paragraph (3)(C), by striking ``179,''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2017.

     SEC. 4022. REPEAL OF PERCENTAGE DEPLETION.

       (a) In General.--Part I of subchapter I of chapter 1 is 
     amended by striking sections 613 and 613A (and by striking 
     the items relating to such sections in the table of sections 
     for such part).
       (b) Conforming Amendments.--
       (1) Section 45H(d) is amended by inserting ``, as in effect 
     on the day before the date of the enactment of the Energy Tax 
     Expenditure Repeal Act of 2020'' after ``section 
     613A(d)(3)''.
       (2) Section 57(a)(1) is amended by striking the second 
     sentence.
       (3) Section 263(i)(2)(A) is amended by striking 
     ``(determined without regard to section 613)''.
       (4) Section 291(a) is amended by striking paragraph (2).
       (5) Section 381(c) is amended by striking paragraph (18).
       (6) Section 465(c)(1)(E) is amended by inserting ``, as in 
     effect on the day before the date of the enactment of the 
     Energy Tax Expenditure Repeal Act of 2020'' after ``section 
     613(e)(2)''.
       (7) Section 611(a) is amended by striking the second 
     sentence.
       (8) Section 614(d) is amended by striking ``includes only'' 
     and all that follows and inserting ``includes only an 
     interest burdened by the costs of production.''.
       (9) Section 631(c) is amended by striking the second 
     sentence.
       (10) Section 636(a) is amended by striking ``(for purposes 
     of section 613)''.
       (11) Section 705(a) is amended--
       (A) in paragraph (1), by adding ``and'' at the end of 
     subparagraph (C),
       (B) in paragraph (2), by striking ``; and'' at the end of 
     subparagraph (B) and inserting a period, and
       (C) by striking paragraph (3).
       (12) Section 901(e)(1)(A) is amended by striking ``(or, if 
     smaller'' and all that follows through ``under section 
     613)''.
       (13) Section 993(c)(2)(C) is amended by inserting ``(as 
     each such section was in effect on the day before the date of 
     the enactment of the Energy Tax Expenditure Repeal Act of 
     2020)'' after ``section 613 or 613A''.
       (14) Section 1202(e)(3)(D) is amended by inserting ``(as 
     each such section was in effect on the day before the date of 
     the enactment of the Energy Tax Expenditure Repeal Act of 
     2020)'' after ``section 613 or 613A''.
       (15) Section 1367(a)(2) is amended by adding ``and'' at the 
     end of subparagraph (C), by striking ``, and'' at the end of 
     subparagraph (D) and inserting a period, and by striking 
     subparagraph (E).
       (16) Section 1446(c) is amended by striking paragraph (2) 
     and by redesignating paragraph (3) as paragraph (2).
       (17) Section 4612(a)(7) is amended by inserting ``(as in 
     effect on the day before the date of the enactment of the 
     Energy Tax Expenditure Repeal Act of 2020)'' after ``section 
     613''.
       (18) Section 4940(c)(3)(B) is amended--
       (A) by striking clause (ii), and
       (B) by striking all that precedes ``The deduction 
     provided'' and inserting the following:
       ``(B) Modifications.--For purposes of subparagraph (A), the 
     deduction provided''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2020.

     SEC. 4023. REPEAL OF CREDIT FOR ALCOHOL FUEL, BIODIESEL, AND 
                   ALTERNATIVE FUEL MIXTURES.

       (a) In General.--Subchapter B of chapter 65 of subtitle F 
     is amended by striking section 6426 (and by striking the item 
     relating to such section in the table of sections for such 
     subchapter).
       (b) Conforming Amendments.--
       (1) Section 40(c) is amended by striking ``, section 
     6426,''.
       (2) Section 40A is amended--
       (A) in subsection (c), by striking ``6426 or'', and
       (B) in subsection (f)(4)(B), by striking ``and section 
     6426(c)''.
       (3) Section 4101(a)(1) is amended by inserting ``(as each 
     such section was in effect on the day before the date of the 
     enactment of the Energy Tax Expenditure Repeal Act of 2020)'' 
     after ``section 6426(b)(4)(A)''.
       (4) Section 4104(a)(2) is amended by striking ``, 6426,''.
       (5) Section 6427 is amended--
       (A) by striking subsection (e), and
       (B) in subsection (i), by striking paragraph (3).
       (6) Section 9503(b)(1) is amended by striking ``taxes 
     received under sections 4041 and

[[Page S1489]]

     4081 shall be determined without reduction for credits under 
     section 6426 and''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to fuel sold or used after December 31, 2020.

     SEC. 4024. CONFORMING AMENDMENTS RELATING TO MULTIPLE 
                   SECTIONS.

       (a) In General.--
       (1) At-risk rules.--Section 49(a)(1)(C) is amended by 
     striking ``means'' and all that follows through the period 
     and inserting ``means the portion of the basis of any 
     qualified rehabilitated building attributable to qualified 
     rehabilitation expenditures.''.
       (2) Progress expenditures for investment credit property.--
     Section 50(a)(2) is amended by striking subparagraph (E).
       (3) Applicable section 38 credits.--Section 59A(b)(4) is 
     amended by striking ``properly allocable'' and all that 
     follows through the period and inserting ``properly allocable 
     to the low-income housing credit determined under section 
     42(a).''.
       (4) Amount of investment credit.--Section 46 is amended--
       (A) in paragraph (1), by inserting ``and'' at the end,
       (B) by striking paragraphs (2) through (5), and
       (C) by redesignating paragraph (6) as paragraph (2).
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2020.
                                 ______
                                 
  SA 1495. Mr. CASSIDY (for himself, Mr. Cornyn, Mr. Inhofe, Mr. 
Lankford, Mrs. Hyde-Smith, Mr. Sullivan, Mr. Barrasso, Mrs. Capito, Mr. 
Risch, Mr. Cramer, Mr. Tillis, Mr. Crapo, Mr. Braun, Mr. Cruz, Mr. 
Hoeven, and Mr. Toomey) submitted an amendment intended to be proposed 
to amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to 
support innovation in advanced geothermal research and development, and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike sections 1701 through 1705 and insert the following:

     SEC. 1701. OBJECTIVES.

       The objectives of this subtitle are--
       (1) to establish a consistent and consolidated authority 
     for the vehicle technology program at the Department;
       (2) to develop United States technologies and practices 
     that improve the fuel efficiency and emissions of all 
     vehicles produced in the United States;
       (3) to support domestic research, development, engineering, 
     demonstration, and commercial application and manufacturing 
     of advanced vehicles, engines, and components;
       (4) to enable vehicles to move larger volumes of goods and 
     more passengers with less energy and emissions;
       (5) to develop cost-effective advanced technologies for 
     wide-scale utilization throughout the passenger, commercial, 
     government, and transit vehicle sectors;
       (6) to allow for greater consumer choice of vehicle 
     technologies and fuels;
       (7) shorten technology development and integration cycles 
     in the vehicle industry;
       (8) to ensure a proper balance and diversity of Federal 
     investment in vehicle technologies; and
       (9) to strengthen partnerships between Federal and State 
     governmental agencies and the private and academic sectors.

     SEC. 1702. COORDINATION AND NONDUPLICATION.

       The Secretary shall ensure, to the maximum extent 
     practicable, that the activities authorized by this subtitle 
     do not duplicate those of other programs within the 
     Department or other relevant research agencies.

     SEC. 1703. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary 
     for research, development, engineering, demonstration, and 
     commercial application of vehicles and related technologies 
     in the United States, including activities authorized under 
     this subtitle--
       (1) for fiscal year 2021, $313,567,000;
       (2) for fiscal year 2022, $326,109,000;
       (3) for fiscal year 2023, $339,154,000;
       (4) for fiscal year 2024, $352,720,000; and
       (5) for fiscal year 2025, $366,829,000.

     SEC. 1704. REPORTING.

       (a) Technologies Developed.--Not later than 18 months after 
     the date of enactment of this Act and annually thereafter 
     through 2025, the Secretary shall submit to Congress a report 
     regarding the technologies developed as a result of the 
     activities authorized by this subtitle, with a particular 
     emphasis on whether the technologies were successfully 
     adopted for commercial applications, and if so, whether 
     products relying on those technologies are manufactured in 
     the United States.
       (b) Additional Matters.--At the end of each fiscal year 
     through 2025, the Secretary shall submit to the relevant 
     Congressional committees of jurisdiction an annual report 
     describing activities undertaken in the previous year under 
     this subtitle, active industry participants, the status of 
     public-private partnerships, progress of the program in 
     meeting goals and timelines, and a strategic plan for funding 
     of activities across agencies.

     SEC. 1705. VEHICLE RESEARCH AND DEVELOPMENT.

       (a) Program.--
       (1) Activities.--The Secretary shall conduct a program of 
     basic and applied research, development, engineering, 
     demonstration, and commercial application activities on 
     materials, technologies, and processes with the potential to 
     substantially reduce emissions of the passenger and 
     commercial vehicles of the United States, including 
     activities in the areas of--
       (A) electrification of vehicle systems;
       (B) batteries, ultracapacitors, and other energy storage 
     devices;
       (C) power electronics;
       (D) vehicle, component, and subsystem manufacturing 
     technologies and processes;
       (E) engine efficiency and combustion optimization;
       (F) waste heat recovery;
       (G) transmission and drivetrains;
       (H) hydrogen vehicle technologies, including fuel cells and 
     internal combustion engines, and hydrogen infrastructure, 
     including hydrogen energy storage to enable renewables and 
     provide hydrogen for fuel and power;
       (I) natural gas vehicle technologies;
       (J) aerodynamics, rolling resistance (including tires and 
     wheel assemblies), and accessory power loads of vehicles and 
     associated equipment;
       (K) vehicle weight reduction, including lightweighting 
     materials and the development of manufacturing processes to 
     fabricate, assemble, and use dissimilar materials;
       (L) friction and wear reduction;
       (M) engine and component durability;
       (N) innovative propulsion systems;
       (O) advanced boosting systems;
       (P) hydraulic hybrid technologies;
       (Q) engine compatibility with and optimization for a 
     variety of transportation fuels including natural gas and 
     other liquid and gaseous fuels;
       (R) predictive engineering, modeling, and simulation of 
     vehicle and transportation systems;
       (S) refueling and charging infrastructure for alternative 
     fueled and electric or plug-in electric hybrid vehicles, 
     including the unique challenges facing rural areas;
       (T) gaseous fuels storage systems and system integration 
     and optimization;
       (U) sensing, communications, and actuation technologies for 
     vehicle, electrical grid, and infrastructure;
       (V) efficient use, substitution, and recycling of 
     potentially critical materials in vehicles, including rare 
     earth elements and precious metals, at risk of supply 
     disruption;
       (W) aftertreatment technologies;
       (X) thermal management of battery systems;
       (Y) retrofitting advanced vehicle technologies to existing 
     vehicles;
       (Z) development of common standards, specifications, and 
     architectures for both transportation and stationary battery 
     applications;
       (AA) advanced internal combustion engines;
       (BB) mild hybrid;
       (CC) engine down speeding;
       (DD) vehicle-to-vehicle, vehicle-to-pedestrian, and 
     vehicle-to-infrastructure technologies; and
       (EE) other research areas as determined by the Secretary.
       (2) Transformational technology.--The Secretary shall 
     ensure that the Department continues to support research, 
     development, engineering, demonstration, and commercial 
     application activities and maintains competency in mid- to 
     long-term transformational vehicle technologies with 
     potential to achieve reductions in emissions, including 
     activities in the areas of--
       (A) hydrogen vehicle technologies, including fuel cells, 
     hydrogen storage, infrastructure, and activities in hydrogen 
     technology validation and safety codes and standards;
       (B) multiple battery chemistries and novel energy storage 
     devices, including nonchemical batteries and 
     electromechanical storage technologies such as hydraulics, 
     flywheels, and compressed air storage;
       (C) communication and connectivity among vehicles, 
     infrastructure, and the electrical grid; and
       (D) other innovative technologies research and development, 
     as determined by the Secretary.
       (3) Industry participation.--
       (A) In general.--To the maximum extent practicable, 
     activities under this subtitle shall be carried out in 
     partnership or collaboration with automotive manufacturers, 
     heavy commercial, vocational, and transit vehicle 
     manufacturers, qualified plug-in electric vehicle 
     manufacturers, compressed natural gas vehicle manufacturers, 
     vehicle and engine equipment and component manufacturers, 
     manufacturing equipment manufacturers, advanced vehicle 
     service providers, fuel producers and energy suppliers, 
     electric utilities, universities, National Laboratories, and 
     independent research laboratories.
       (B) Requirements.--In carrying out this subtitle, the 
     Secretary shall--
       (i) determine whether a wide range of companies that 
     manufacture or assemble vehicles or components in the United 
     States are represented in ongoing public-private partnership 
     activities, including firms that have not traditionally 
     participated in federally sponsored research and development 
     activities, and where possible, partner with such firms that 
     conduct significant and relevant research and development 
     activities in the United States;
       (ii) leverage the capabilities and resources of, and 
     formalize partnerships with, industry-led stakeholder 
     organizations, nonprofit organizations, industry consortia, 
     and trade

[[Page S1490]]

     associations with expertise in the research and development 
     of, and education and outreach activities in, advanced 
     automotive and commercial vehicle technologies;
       (iii) develop more effective processes for transferring 
     research findings and technologies to industry;
       (iv) support public-private partnerships, dedicated to 
     overcoming barriers in commercial application of 
     transformational vehicle technologies, that use such 
     industry-led technology development facilities of entities 
     with demonstrated expertise in successfully designing and 
     engineering pre-commercial generations of such 
     transformational technology; and
       (v) promote efforts to ensure that technology research, 
     development, engineering, and commercial application 
     activities funded under this subtitle are carried out in the 
     United States.
       (4) Interagency and intraagency coordination.--To the 
     maximum extent practicable, the Secretary shall coordinate 
     research, development, demonstration, and commercial 
     application activities among--
       (A) relevant programs within the Department, including--
       (i) the Office of Energy Efficiency and Renewable Energy;
       (ii) the Office of Science;
       (iii) the Office of Electricity Delivery and Energy 
     Reliability;
       (iv) the Office of Fossil Energy;
       (v) the Advanced Research Projects Agency--Energy; and
       (vi) other offices as determined by the Secretary; and
       (B) relevant technology research and development programs 
     within other Federal agencies, as determined by the 
     Secretary.
       (5) Federal demonstration of technologies.--The Secretary 
     shall make information available to procurement programs of 
     Federal agencies regarding the potential to demonstrate 
     technologies resulting from activities funded through 
     programs under this subtitle.
       (6) Intergovernmental coordination.--The Secretary shall 
     seek opportunities to leverage resources and support 
     initiatives of State and local governments in developing and 
     promoting advanced vehicle technologies, manufacturing, and 
     infrastructure.
       (7) Criteria.--In awarding grants under the program under 
     this subsection, the Secretary shall give priority to those 
     technologies (either individually or as part of a system) 
     that--
       (A) provide the greatest aggregate fuel savings based on 
     the reasonable projected sales volumes of the technology; and
       (B) provide the greatest increase in United States 
     employment.
       (8) Secondary use applications.--
       (A) In general.--The Secretary shall carry out a research, 
     development, and demonstration program that--
       (i) builds on any work carried out under section 915 of the 
     Energy Policy Act of 2005 (42 U.S.C. 16195);
       (ii) identifies possible uses of a vehicle battery after 
     the useful life of the battery in a vehicle has been 
     exhausted;
       (iii) conducts long-term testing to verify performance and 
     degradation predictions and lifetime valuations for secondary 
     uses;
       (iv) evaluates innovative approaches to recycling materials 
     from plug-in electric drive vehicles and the batteries used 
     in plug-in electric drive vehicles;
       (v)(I) assesses the potential for markets for uses 
     described in clause (ii) to develop; and
       (II) identifies any barriers to the development of those 
     markets; and
       (vi) identifies the potential uses of a vehicle battery--

       (I) with the most promise for market development; and
       (II) for which market development would be aided by a 
     demonstration project.

       (B) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress an initial report on the 
     findings of the program described in subparagraph (A), 
     including recommendations for stationary energy storage and 
     other potential applications for batteries used in plug-in 
     electric drive vehicles.
       (C) Secondary use demonstration.--
       (i) In general.--Based on the results of the program 
     described in subparagraph (A), the Secretary shall develop 
     guidelines for projects that demonstrate the secondary uses 
     and innovative recycling of vehicle batteries.
       (ii) Publication of guidelines.--Not later than 18 months 
     after the date of enactment of this Act, the Secretary 
     shall--

       (I) publish the guidelines described in clause (i); and
       (II) solicit applications for funding for demonstration 
     projects.

       (iii) Pilot demonstration program.--Not later than 21 
     months after the date of enactment of this Act, the Secretary 
     shall select proposals for grant funding under this 
     subsection, based on an assessment of which proposals are 
     mostly likely to contribute to the development of a secondary 
     market for batteries.
       (b) Manufacturing.--The Secretary shall carry out a 
     research, development, engineering, demonstration, and 
     commercial application program of advanced vehicle 
     manufacturing technologies and practices, including 
     innovative processes--
       (1) to increase the production rate and decrease the cost 
     of advanced battery and fuel cell manufacturing;
       (2) to vary the capability of individual manufacturing 
     facilities to accommodate different battery chemistries and 
     configurations;
       (3) to reduce waste streams, emissions, and energy 
     intensity of vehicle, engine, advanced battery, and component 
     manufacturing processes;
       (4) to recycle and remanufacture used batteries and other 
     vehicle components for reuse in vehicles or stationary 
     applications;
       (5) to develop manufacturing processes to effectively 
     fabricate, assemble, and produce cost-effective lightweight 
     materials such as advanced aluminum and other metal alloys, 
     polymeric composites, and carbon fiber for use in vehicles;
       (6) to produce lightweight high pressure storage systems 
     for gaseous fuels;
       (7) to design and manufacture purpose-built hydrogen fuel 
     cell vehicles and components;
       (8) to improve the calendar life and cycle life of advanced 
     batteries; and
       (9) to produce permanent magnets for advanced vehicles.
                                 ______
                                 
  SA 1496. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to 
support innovation in advanced geothermal research and development, and 
for other purposes; which was ordered to lie on the table; as follows:

        After section 2, insert the following:

     SEC. 3. NONAPPLICABILITY OF DAVIS-BACON ACT.

       (a) In General.--Notwithstanding any other provision of 
     law, the requirements of subchapter IV of chapter 31 of title 
     40, United States Code (commonly known as the ``Davis-Bacon 
     Act''), shall not apply to any contract or subcontract 
     supported, in whole or in part, by funds provided under this 
     Act or under the amendments made by this Act.
       (b) Preventing Other Prevailing Wage Requirements.--This 
     Act shall be applied without regard to subsection (g) of 
     section 1004 and paragraph (4) of section 1204(b) of this 
     Act, and such subsection and paragraph are deemed null, void, 
     and of no effect.
                                 ______
                                 
  SA 1497. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to 
support innovation in advanced geothermal research and development, and 
for other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 14__. SALE OF COAL-FIRED ELECTRIC GENERATING FACILITIES 
                   BY THE TENNESSEE VALLEY AUTHORITY.

       (a) In General.--Before the Tennessee Valley Authority 
     retires a coal-fired electric generating facility, the 
     Tennessee Valley Authority shall--
       (1) offer the facility for sale; and
       (2) sell the facility to the highest bidder, subject to the 
     condition that the purchaser shall agree to continue to 
     operate the facility for electric generation for not less 
     than 10 years beginning on the date of the sale.
       (b) Reverter.--On the violation by a purchaser of the 
     condition described in subsection (a)(2), the applicable 
     facility shall revert to the Tennessee Valley Authority.
                                 ______
                                 
  SA 1498. Mrs. SHAHEEN submitted an amendment intended to be proposed 
to amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to 
support innovation in advanced geothermal research and development, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ____. MODEL GUIDANCE FOR COMBINED HEAT AND POWER SYSTEMS 
                   AND WASTE HEAT TO POWER SYSTEMS.

       (a) Definitions.--In this section:
       (1) Additional services.--The term ``additional services'' 
     means the provision of supplementary power, backup or standby 
     power, maintenance power, or interruptible power to an 
     electric consumer by an electric utility.
       (2) Waste heat to power system.--
       (A) In general.--The term ``waste heat to power system'' 
     means a system that generates electricity through the 
     recovery of waste energy.
       (B) Exclusion.--The term ``waste heat to power system'' 
     does not include a system that generates electricity through 
     the recovery of a heat resource from a process the primary 
     purpose of which is the generation of electricity using a 
     fossil fuel.
       (3) Other terms.--
       (A) PURPA.--The terms ``electric consumer'', ``electric 
     utility'', ``interconnection service'', and ``State 
     regulatory authority'' have the meanings given those terms in 
     the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 
     2601 et seq.), within the meaning of title I of that Act (16 
     U.S.C. 2611 et seq.).
       (B) EPCA.--The terms ``combined heat and power system'' and 
     ``waste energy'' have the meanings given those terms in 
     section 371 of the Energy Policy and Conservation Act (42 
     U.S.C. 6341).
       (b) Review.--

[[Page S1491]]

       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Federal Energy Regulatory Commission and other 
     appropriate entities, shall review existing rules and 
     procedures relating to interconnection service and additional 
     services throughout the United States for electric generation 
     with nameplate capacity up to 20 megawatts to identify 
     barriers to the deployment of combined heat and power systems 
     and waste heat to power systems.
       (2) Inclusion.--The review under this subsection shall 
     include a review of existing rules and procedures relating 
     to--
       (A) determining and assigning costs of interconnection 
     service and additional services; and
       (B) ensuring adequate cost recovery by an electric utility 
     for interconnection service and additional services.
       (c) Model Guidance.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Federal Energy Regulatory Commission and other 
     appropriate entities, shall issue model guidance for 
     interconnection service and additional services for use by 
     State regulatory authorities to reduce the barriers 
     identified under subsection (b)(1).
       (2) Current best practices.--The model guidance issued 
     under this subsection shall reflect, to the maximum extent 
     practicable, current best practices to encourage the 
     deployment of combined heat and power systems and waste heat 
     to power systems while ensuring the safety and reliability of 
     the interconnected units and the distribution and 
     transmission networks to which the units connect, including--
       (A) relevant current standards developed by the Institute 
     of Electrical and Electronic Engineers; and
       (B) model codes and rules adopted by--
       (i) States; or
       (ii) associations of State regulatory agencies.
       (3) Factors for consideration.--In establishing the model 
     guidance under this subsection, the Secretary shall take into 
     consideration--
       (A) the appropriateness of using standards or procedures 
     for interconnection service that vary based on unit size, 
     fuel type, or other relevant characteristics;
       (B) the appropriateness of establishing fast-track 
     procedures for interconnection service;
       (C) the value of consistency with Federal interconnection 
     rules established by the Federal Energy Regulatory Commission 
     as of the date of enactment of this Act;
       (D) the best practices used to model outage assumptions and 
     contingencies to determine fees or rates for additional 
     services;
       (E) the appropriate duration, magnitude, or usage of demand 
     charge ratchets;
       (F) potential alternative arrangements with respect to the 
     procurement of additional services, including--
       (i) contracts tailored to individual electric consumers for 
     additional services;
       (ii) procurement of additional services by an electric 
     utility from a competitive market; and
       (iii) waivers of fees or rates for additional services for 
     small electric consumers; and
       (G) outcomes such as increased electric reliability, fuel 
     diversification, enhanced power quality, and reduced electric 
     losses that may result from increased use of combined heat 
     and power systems and waste heat to power systems.
                                 ______
                                 
  SA 1499. Mr. BENNET (for himself and Mr. Portman) submitted an 
amendment intended to be proposed to amendment SA 1407 proposed by Ms. 
Murkowski to the bill S. 2657, to support innovation in advanced 
geothermal research and development, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. ENHANCED ENERGY EFFICIENCY UNDERWRITING CRITERIA.

       (a) Definitions.--In this section, the following 
     definitions shall apply:
       (1) Administration.--The term ``Administration'' means the 
     Federal Housing Administration.
       (2) Covered loan.--The term ``covered loan'' means a loan 
     secured by a home that is insured by the Administration under 
     title II of the National Housing Act (12 U.S.C. 1707 et 
     seq.).
       (3) Homeowner.--The term ``homeowner'' means the mortgagor 
     under a covered loan.
       (4) Mortgagee.--The term ``mortgagee'' means an original 
     lender under a covered loan or the holder of a covered loan 
     at the time at which that mortgage transaction is 
     consummated.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development.
       (b) Enhanced Energy Efficiency Underwriting Criteria.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall, in consultation 
     with the advisory group established under subsection (e)(3), 
     develop and issue guidelines for the Administration to 
     implement enhanced loan eligibility requirements, for use 
     when testing the ability of a loan applicant to repay a 
     covered loan, that account for the expected energy cost 
     savings for a loan applicant at a subject property, in the 
     manner set forth in paragraphs (2) and (3).
       (2) Requirements to account for energy cost savings.--
       (A) In general.--The enhanced loan eligibility requirements 
     under paragraph (1) shall require that, for all covered loans 
     for which an energy efficiency report is voluntarily provided 
     to the mortgagee by the homeowner, the Administration and the 
     mortgagee shall take into consideration the estimated energy 
     cost savings expected for the owner of the subject property 
     in determining whether the loan applicant has sufficient 
     income to service the mortgage debt plus other regular 
     expenses.
       (B) Use as offset.--To the extent that the Administration 
     uses a test such as a debt-to-income test that includes 
     certain regular expenses, such as hazard insurance and 
     property taxes--
       (i) the expected energy cost savings shall be included as 
     an offset to these expenses; and
       (ii) the Administration may not use the offset described in 
     clause (i) to qualify a loan applicant for insurance under 
     title II of the National Housing Act (12 U.S.C. 1707 et seq.) 
     with respect to a loan that would not otherwise meet the 
     requirements for such insurance.
       (C) Types of energy costs.--Energy costs to be assessed 
     under this paragraph shall include the cost of electricity, 
     natural gas, oil, and any other fuel regularly used to supply 
     energy to the subject property.
       (3) Determination of estimated energy cost savings.--
       (A) In general.--The guidelines to be issued under 
     paragraph (1) shall include instructions for the 
     Administration to calculate estimated energy cost savings 
     using--
       (i) the energy efficiency report;
       (ii) an estimate of baseline average energy costs; and
       (iii) additional sources of information as determined by 
     the Secretary.
       (B) Report requirements.--For the purposes of subparagraph 
     (A), an energy efficiency report shall--
       (i) estimate the expected energy cost savings specific to 
     the subject property, based on specific information about the 
     property;
       (ii) be prepared in accordance with the guidelines to be 
     issued under paragraph (1); and
       (iii) be prepared--

       (I) in accordance with the Residential Energy Service 
     Network's Home Energy Rating System (commonly known as 
     ``HERS'') by an individual certified by the Residential 
     Energy Service Network, unless the Secretary finds that the 
     use of HERS does not further the purposes of this section;
       (II) in accordance with the Alaska Housing Finance 
     Corporation energy rating system by an individual certified 
     by the Alaska Housing Finance Corporation as an authorized 
     Energy Rater; or
       (III) by other methods approved by the Secretary, in 
     consultation with the Secretary of Energy and the advisory 
     group established under subsection (e)(3), for use under this 
     section, which shall include a third-party quality assurance 
     procedure.

       (4) Use by appraiser.--If an energy efficiency report is 
     used under paragraph (2), the energy efficiency report shall 
     be provided to the appraiser to estimate the energy 
     efficiency of the subject property and for potential 
     adjustments for energy efficiency.
       (5) Pricing of loans.--
       (A) In general.--The Administration may price covered loans 
     originated under the enhanced loan eligibility requirements 
     required under this subsection in accordance with the 
     estimated risk of the loans.
       (B) Imposition of certain material costs, impediments, or 
     penalties.--In the absence of a publicly disclosed analysis 
     that demonstrates significant additional default risk or 
     prepayment risk associated with the loans, the Administration 
     shall not impose material costs, impediments, or penalties on 
     covered loans merely because the loan uses an energy 
     efficiency report or the enhanced loan eligibility 
     requirements required under this subsection.
       (6) Limitations.--
       (A) In general.--The Administration may price covered loans 
     originated under the enhanced loan eligibility requirements 
     required under this subsection in accordance with the 
     estimated risk of those loans.
       (B) Prohibited actions.--The Administration shall not--
       (i) modify existing underwriting criteria or adopt new 
     underwriting criteria that intentionally negate or reduce the 
     impact of the requirements or resulting benefits that are set 
     forth or otherwise derived from the enhanced loan eligibility 
     requirements required under this subsection; or
       (ii) impose greater buy back requirements, credit overlays, 
     or insurance requirements, including private mortgage 
     insurance, on covered loans merely because the loan uses an 
     energy efficiency report or the enhanced loan eligibility 
     requirements required under this subsection.
       (7) Applicability and implementation date.--Not later than 
     3 years after the date of enactment of this Act, and before 
     December 31, 2023, the enhanced loan eligibility requirements 
     required under this subsection shall be implemented by the 
     Administration to--
       (A) apply to any covered loan for the sale, or refinancing 
     of any loan for the sale, of any home;

[[Page S1492]]

       (B) be available on any residential real property 
     (including individual units of condominiums and cooperatives) 
     that qualifies for a covered loan; and
       (C) provide prospective mortgagees with sufficient guidance 
     and applicable tools to implement the required underwriting 
     methods.
       (c) Enhanced Energy Efficiency Underwriting Valuation 
     Guidelines.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall--
       (A) in consultation with the Federal Financial Institutions 
     Examination Council and the advisory group established under 
     subsection (e)(3), develop and issue guidelines for the 
     Administration to determine the maximum permitted loan amount 
     based on the value of the property for all covered loans made 
     on properties with an energy efficiency report that meets the 
     requirements of subsection (b)(3)(B); and
       (B) in consultation with the Secretary of Energy, issue 
     guidelines for the Administration to determine the estimated 
     energy savings under subsection (b) for properties with an 
     energy efficiency report.
       (2) Requirements.--The enhanced energy efficiency 
     underwriting valuation guidelines required under paragraph 
     (1) shall include--
       (A) a requirement that if an energy efficiency report that 
     meets the requirements of subsection (b)(3)(B) is voluntarily 
     provided to the mortgagee, such report shall be used by the 
     mortgagee or the Administration to determine the estimated 
     energy savings of the subject property; and
       (B) a requirement that the estimated energy savings of the 
     subject property be added to the appraised value of the 
     subject property by a mortgagee or the Administration for the 
     purpose of determining the loan-to-value ratio of the subject 
     property, unless the appraisal includes the value of the 
     overall energy efficiency of the subject property, using 
     methods to be established under the guidelines issued under 
     paragraph (1).
       (3) Determination of estimated energy savings.--
       (A) Amount of energy savings.--The amount of estimated 
     energy savings shall be determined by calculating the 
     difference between the estimated energy costs for the average 
     comparable houses, as determined in guidelines to be issued 
     under paragraph (1), and the estimated energy costs for the 
     subject property based upon the energy efficiency report.
       (B) Duration of energy savings.--The duration of the 
     estimated energy savings shall be based upon the estimated 
     life of the applicable equipment, consistent with the rating 
     system used to produce the energy efficiency report.
       (C) Present value of energy savings.--The present value of 
     the future savings shall be discounted using the average 
     interest rate on conventional 30-year mortgages, in the 
     manner directed by guidelines issued under paragraph (1).
       (4) Ensuring consideration of energy efficient features.--
     Section 1110 of the Financial Institutions Reform, Recovery, 
     and Enforcement Act of 1989 (12 U.S.C. 3339) is amended--
       (A) in paragraph (2), by striking ``; and'' at the end;
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (C) by inserting after paragraph (3) the following:
       ``(4) that State certified and licensed appraisers have 
     timely access, whenever practicable, to information from the 
     property owner and the lender that may be relevant in 
     developing an opinion of value regarding the energy-saving 
     improvements or features of a property, such as--
       ``(A) labels or ratings of buildings;
       ``(B) installed appliances, measures, systems or 
     technologies;
       ``(C) blueprints;
       ``(D) construction costs;
       ``(E) financial or other incentives regarding energy-
     efficient components and systems installed in a property;
       ``(F) utility bills;
       ``(G) energy consumption and benchmarking data; and
       ``(H) third-party verifications or representations of 
     energy and water efficiency performance of a property, 
     observing all financial privacy requirements adhered to by 
     certified and licensed appraisers, including section 501 of 
     the Gramm-Leach-Bliley Act (15 U.S.C. 6801).
     Unless a property owner consents to a lender, an appraiser, 
     in carrying out the requirements of paragraph (4), shall not 
     have access to the commercial or financial information of the 
     owner that is privileged or confidential.''.
       (5) Transactions requiring state certified appraisers.--
     Section 1113 of the Financial Institutions Reform, Recovery, 
     and Enforcement Act of 1989 (12 U.S.C. 3342) is amended--
       (A) in paragraph (1), by inserting before the semicolon the 
     following: ``, or any real property on which the appraiser 
     makes adjustments using an energy efficiency report''; and
       (B) in paragraph (2), by inserting after before the period 
     at the end the following: ``, or an appraisal on which the 
     appraiser makes adjustments using an energy efficiency 
     report''.
       (6) Protections.--
       (A) Authority to impose limitations.--The guidelines to be 
     issued under paragraph (1) shall include such limitations and 
     conditions as determined by the Secretary to be necessary to 
     protect against meaningful under or over valuation of energy 
     cost savings or duplicative counting of energy efficiency 
     features or energy cost savings in the valuation of any 
     subject property that is used to determine a loan amount.
       (B) Additional authority.--At the end of the 7-year period 
     following the implementation of enhanced eligibility and 
     underwriting valuation requirements under this subsection, 
     the Secretary may modify or apply additional exceptions to 
     the approach described in paragraph (2), where the Secretary 
     finds that the unadjusted appraisal will reflect an accurate 
     market value of the efficiency of the subject property or 
     that a modified approach will better reflect an accurate 
     market value.
       (7) Applicability and implementation date.--Not later than 
     3 years after the date of enactment of this Act, and before 
     December 31, 2023, the Administration shall implement the 
     guidelines required under this subsection, which shall--
       (A) apply to any covered loan for the sale, or refinancing 
     of any loan for the sale, of any home; and
       (B) be available on any residential real property, 
     including individual units of condominiums and cooperatives, 
     that qualifies for a covered loan.
       (d) Monitoring.--Not later than 1 year after the date on 
     which the enhanced eligibility and underwriting valuation 
     requirements are implemented under this subsection, and every 
     year thereafter, the Administration shall issue and make 
     available to the public a report that--
       (1) enumerates the number of covered loans of the 
     Administration for which there was an energy efficiency 
     report, and that used energy efficiency appraisal guidelines 
     and enhanced loan eligibility requirements;
       (2) includes the default rates and rates of foreclosures 
     for each category of loans; and
       (3) describes the risk premium, if any, that the 
     Administration has priced into covered loans for which there 
     was an energy efficiency report.
       (e) Rulemaking.--
       (1) In general.--The Secretary shall prescribe regulations 
     to carry out this section, in consultation with the Secretary 
     of Energy and the advisory group established in paragraph 
     (3), which may contain such classifications, 
     differentiations, or other provisions, and may provide for 
     such proper implementation and appropriate treatment of 
     different types of transactions, as the Secretary determines 
     are necessary or proper to effectuate the purposes of this 
     section, to prevent circumvention or evasion thereof, or to 
     facilitate compliance therewith.
       (2) Rule of construction.--Nothing in this section shall be 
     construed to authorize the Secretary to require any homeowner 
     or other party to provide energy efficiency reports, energy 
     efficiency labels, or other disclosures to the Administration 
     or to a mortgagee.
       (3) Advisory group.--To assist in carrying out this 
     section, the Secretary shall establish an advisory group, 
     consisting of individuals representing the interests of--
       (A) mortgage lenders;
       (B) appraisers;
       (C) energy raters and residential energy consumption 
     experts;
       (D) energy efficiency organizations;
       (E) real estate agents;
       (F) home builders and remodelers;
       (G) consumer advocates;
       (H) State energy officials; and
       (I) others as determined by the Secretary.
       (f) Additional Study.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall reconvene the 
     advisory group established under subsection (e)(3), in 
     addition to water and locational efficiency experts, to 
     advise the Secretary on the implementation of the enhanced 
     energy efficiency underwriting criteria established under 
     subsections (b) and (c).
       (2) Recommendations.--The advisory group established in 
     subsection (e)(3) shall provide recommendations to the 
     Secretary on any revisions or additions to the enhanced 
     energy efficiency underwriting criteria deemed necessary by 
     the group, which may include alternate methods to better 
     account for home energy costs and additional factors to 
     account for substantial and regular costs of homeownership 
     such as location-based transportation costs and water costs. 
     The Secretary shall forward any legislative recommendations 
     from the advisory group to Congress for its consideration.
                                 ______
                                 
  SA 1500. Mrs. SHAHEEN submitted an amendment intended to be proposed 
to amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to 
support innovation in advanced geothermal research and development, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. SMALL BUSINESS ENERGY EFFICIENCY.

       (a) Findings.--Congress finds the following:
       (1) According to the Small Business Administration, small 
     businesses account for 99.7 percent of United States employer 
     firms and employ approximately half of all private-sector 
     employees in the United States.

[[Page S1493]]

       (2) A 2012 report from the National Federation of 
     Independent Businesses found that energy costs are--
       (A) the third most serious problem for small business 
     owners; and
       (B) one of the top 3 business expenses in 35 percent of 
     small businesses;
       (3) Investments in energy efficiency enhance energy savings 
     and improve the competitiveness, profitability, production, 
     product quality, and environmental sustainability of United 
     States businesses and manufacturers;
       (4) According to the Department of Energy, small 
     buildings--
       (A) are predominantly occupied by small business entities;
       (B) consume 44 percent of the overall energy use in 
     buildings in the United States; and
       (C) present an estimated potential energy savings equal to 
     1,070,000,000,000,000 Btu of energy savings or 
     $30,000,000,000 in cost savings per year.
       (5) Market barriers exist to the widespread adoption of 
     energy efficiency technologies and practices among small 
     businesses, including a lack of--
       (A) expertise about energy and the opportunities to reduce 
     costs through energy efficiency measures;
       (B) internal capacity to develop and implement energy 
     efficiency projects; and
       (C) capital or access to incentives and affordable 
     financing for energy retrofits.
       (6) Addressing the barriers described in paragraph (5) is 
     in the interest of the United States.
       (7) The United States would benefit from a concerted and 
     focused effort to advance the adoption of energy efficiency 
     technologies and practices among small businesses, which will 
     facilitate greater economic growth in this sector.
       (b) Definitions.--In this section--
       (1) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof;
       (2) the term ``covered lender'' means--
       (A) a development company (as defined in section 103 of the 
     Small Business Investment Act of 1958 (15 U.S.C. 662)) that 
     is eligible to participate in the program established under 
     title V of such Act (15 U.S.C. 695 et seq.); and
       (B) a lender under section 7(a) of the Small Business Act 
     (15 U.S.C. 636(a));
       (3) the term ``energy efficiency'' means a decrease in 
     consumption of energy (including electricity and thermal 
     energy) that produces significant energy savings and is 
     achieved without reducing the quality of energy services 
     through--
       (A) a measure or program that targets customer behavior;
       (B) appliances, equipment, or energy systems;
       (C) fixtures; or
       (D) other devices;
       (4) the term ``energy efficiency improvement'' means any 
     project or activity the primary purpose of which is 
     increasing energy efficiency;
       (5) the term ``energy savings'' means a reduction in net 
     energy costs (including electricity and thermal energy), fuel 
     costs, water costs, other utility costs, or related net 
     operating costs from or as compared to an established 
     baseline of those costs;
       (6) the term ``on-bill financing'' means a financial 
     product that is serviced by, or in partnership with, a 
     utility company for energy efficiency improvements in a 
     building, and repaid by the building owner or tenant on his 
     or her monthly utility bill; and
       (7) the term ``small business concern'' has the meaning 
     given the term in section 3 of the Small Business Act (15 
     U.S.C. 632).
       (c) Certified Development Company and Loan Underwriting 
     Reform.--
       (1) Increased loan amounts under the 504/cdc program.--
     Section 502(2) of the Small Business Investment Act of 1958 
     (15 U.S.C. 696(2)) is amended by adding at the end the 
     following:
       ``(C) Loans for energy efficiency savings.--
       ``(i) In general.--The Administration may make loans under 
     this section to a borrower in an amount greater than the 
     maximum amount under subparagraph (A)(i) if the loan proceeds 
     are directed toward a project that results in energy savings 
     for a small business concern as a result of the installation 
     or implementation of energy efficiency improvements.
       ``(ii) Amount.--The Administration may increase the maximum 
     amount under subparagraph (A)(i) for a small business concern 
     by not more than the amount equal to the anticipated 
     increased income or resources due to energy savings from the 
     project.''.
       (2) Guidance for loan underwriting.--Not later than 180 
     days after the date of enactment of this Act, the 
     Administrator shall issue guidance requiring covered lenders 
     to incorporate energy efficiency considerations and life-
     cycle cost savings into the underwriting process for loans 
     provided under title V of the Small Business Investment Act 
     of 1958 (15 U.S.C. 695 et seq.) and section 7(a) of the Small 
     Business Act (15 U.S.C. 636(a)).
       (3) Existing federal programs.--Nothing in this subsection 
     or the amendments made by this subsection shall be construed 
     to restrict or otherwise affect efforts of the Federal 
     Government in existence on the day before the date of 
     enactment of this Act that would expand financing 
     opportunities for small business concerns.
       (d) Working Group and Utility-lender Financing Incentive 
     Pilot Program.--
       (1) Findings.--Congress finds the following:
       (A) Small businesses account for more than 90 percent of 
     utility commercial customers and nearly half of all 
     commercial electricity usage.
       (B) According to the National Small Business Association, 
     small businesses, particularly those with fewer than 35 
     employees in the manufacturing sector, pay 35 percent more 
     per unit for their electricity than comparable larger firms.
       (C) Utility-administered energy efficiency programs, 
     including on-bill financing--
       (i) reduce or eliminate the first costs for energy 
     efficiency improvements;
       (ii) leverage existing billing relationships between 
     consumers and utilities;
       (iii) can be tied to a property so that energy savings are 
     transferred to multiple owners or tenants;
       (iv) incur low default rates ranging from 0 to 3 percent; 
     and
       (v) have been implemented in 23 States.
       (D) Utilities have encountered challenges to the widespread 
     adoption of on-bill financing programs among small 
     businesses, including--
       (i) modification of utility billing systems in order to 
     provide on-bill financing options to customers;
       (ii) desire among utilities to act as a financial 
     institution;
       (iii) insufficient human resources to navigate or comply 
     with Federal and State regulatory reporting requirements 
     involved with the implementation of on-bill financing 
     programs; and
       (iv) risk of non-payment and challenges associated with 
     non-payment penalties for customers.
       (E) Because of the challenges for utilities described in 
     subparagraph (D), participation rates for on-bill financing 
     programs among small businesses are generally low.
       (F) Federal agency action can encourage on-bill financing 
     programs and maximize their impact on the small business 
     sector.
       (2) Requirement.--The Administrator shall carry out efforts 
     to advance the availability and utilization of utility-based 
     financing programs for energy efficiency improvements among 
     small business entities.
       (3) Creation of a stakeholder working group.--
       (A) In general.--In carrying out the efforts under 
     paragraph (2), and not later than 180 days after the date of 
     enactment of this Act, the Administrator shall convene a 
     working group (in this paragraph referred to as the 
     ``Group'') to address barriers that limit energy efficiency 
     improvements among small business concerns.
       (B) Purpose.--The purpose of the Group is to provide 
     guidance on how to--
       (i) address the market barriers for small business concerns 
     described in subsection (a)(5) and the challenges to 
     utilities listed in paragraph (1)(D) that limit widespread 
     adoption of on-bill financing programs;
       (ii) develop Federal incentives or other mechanisms that 
     encourage utility-based financing programs that target small 
     business concerns; and
       (iii) encourage coordination between lenders and utilities 
     regarding existing incentive programs for small business 
     concerns and potential sources of energy efficiency 
     financing.
       (C) Membership.--
       (i) In general.--The Group shall be composed of 
     representatives of all groups determined by the Administrator 
     to have a material interest in the development and 
     implementation of on-bill financing programs that target 
     small business concerns.
       (ii) Criteria.--The Administrator shall select members of 
     the Group--

       (I) from among representatives that apply as a result of a 
     public announcement from the Administrator; and
       (II) based on qualifications and balance of interests 
     represented by the selected individuals.

       (D) Duties.--The Group shall provide recommendations to the 
     Administrator for actions that should be taken to carry out 
     the efforts under paragraph (2).
       (E) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator shall prepare and 
     submit to Congress a publicly available report based on the 
     recommendations of the Group under subparagraph (D).
       (F) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection, but not more than $2,000,000 in any 1 fiscal 
     year.
       (4) Pilot program.--
       (A) In general.--Based on the findings in the report 
     submitted under paragraph (3)(E) and not later than 3 years 
     after the date of enactment of this Act, the Administrator 
     shall establish a pilot program to encourage the availability 
     and utilization of on-bill financing for small business 
     concerns.
       (B) Eligible entities.--Any individual entity or group of 
     entities may submit to the Administrator proposals for 
     demonstration projects to be carried out under the pilot 
     program established under subparagraph (A), including--
       (i) State and local agencies;
       (ii) electric and gas utilities;
       (iii) electric cooperatives;
       (iv) municipal utilities; or
       (v) covered lenders.
       (C) Application.--
       (i) In general.--An eligible entity described in 
     subparagraph (B) that desires to participate in the pilot 
     program established under subparagraph (A) shall submit to 
     the

[[Page S1494]]

     Administrator an application at such time, in such manner, 
     and containing such information as the Administrator may 
     require.
       (ii) Criteria.--The Administrator shall evaluate an 
     application submitted under clause (i) on the basis of merit 
     using criteria identified by the Administrator, including--

       (I) demonstrated support from lenders that offer financing 
     to small business concerns in the State or region;
       (II) demonstrated support from utilities, electric 
     cooperatives, or municipal utilities in the State or region; 
     and
       (III) availability of existing financing programs for small 
     business concerns and utility incentive programs in the State 
     or region.

       (D) Best practices.--In carrying out the pilot program 
     established under subparagraph (A), the Administrator shall 
     establish best practices for the establishment and 
     maintenance of relationships between lenders and utility 
     companies to expand access to financing for energy efficiency 
     measures.
       (E) Report.--Not later than 1 year after the date on which 
     the pilot program is established under subparagraph (A), and 
     each year thereafter for 4 years, the Administrator shall 
     submit to Congress a report on the efficacy of the pilot 
     program in establishing connections between utility companies 
     that offer energy efficiency incentives to small business 
     concerns and lenders that offer financing to small business 
     concerns.
       (F) Termination.--The pilot program established under 
     subparagraph (A) shall terminate on the date that is 5 years 
     after the date on which the Administrator establishes the 
     pilot program.
       (G) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection, but not more than $5,000,000 in any 1 fiscal 
     year.
       (5) Coordination with state programs.--In establishing and 
     implementing this subsection, the Administrator shall, to the 
     maximum extent practicable, preserve the integrity and 
     incorporate best practices of State on-bill financing 
     programs in existence on the day before the date of enactment 
     of this Act.
       (e) Mentoring and Best Practice Programs.--
       (1) Energy management mentoring program.--Section 8 of the 
     Small Business Act (15 U.S.C. 637) is amended by striking 
     subsection (c) and inserting the following:
       ``(c) Energy Efficiency Management and Financing in SCORE 
     Program.--
       ``(1) Definition.--In this subsection, the term `SCORE 
     program' means the Service Corps of Retired Executives 
     authorized under subsection (b)(1)(B).
       ``(2) Volunteers.--Under the SCORE program, the 
     Administrator shall recruit volunteers with expertise in 
     energy management, to be known as `energy coaches', who shall 
     work on-site directly with small business concerns to provide 
     assistance relating to energy efficiency and energy 
     management for a specified period of time.
       ``(3) Clearinghouses of energy efficiency incentives and 
     financing resources.--The Administrator shall--
       ``(A) compile clearinghouses of grant, rebate, and 
     financing programs, with an emphasis on programs that use 
     utility on-bill financing and recovery and other energy 
     efficiency incentives, offered by States, quasi-State 
     entities, local governments, and utility companies; and
       ``(B) train energy coaches described in paragraph (2) to 
     match small business concerns with the programs described in 
     subparagraph (A) and provide advice in applying for 
     assistance from those programs.''.
       (2) Small business energy best practices program.--The 
     Administrator shall require each regional office of the 
     Administration to--
       (A) compile comprehensive clearinghouses of energy 
     efficiency resources for small business concerns; and
       (B) disseminate those clearinghouses, in the applicable 
     geographic region, to--
       (i) mentors and coaches of the Service Corps of Retired 
     Executives authorized under section 8(b)(1)(B) of the Small 
     Business Act (15 U.S.C. 637(b)(1)(B));
       (ii) small business concerns; and
       (iii) covered lenders.
       (3) Loan performance data to encourage energy efficiency 
     opportunities.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report on establishing a framework for 
     standardizing and aggregating for securitization and data 
     collection loan performance information that may be used by 
     lenders to increase or expand energy efficiency financing 
     opportunities from small business concerns.
       (f) Energy Efficiency Awards.--
       (1) Energy efficiency leadership award.--The Administrator 
     shall establish an award entitled the ``Small Business Award 
     for Energy Efficiency Leadership'', which shall be awarded 
     annually to a small business concern that makes extraordinary 
     efforts or significant investments in energy efficiency.
       (2) Cross-endorsement of energy efficiency awards.--The 
     Administrator, in consultation with the Secretary of Energy 
     and the Administrator of the Environmental Protection Agency, 
     shall establish a small business-focused version of existing 
     recognition programs at the Department of Energy and the 
     Environmental Protection Agency, to identify, acknowledge, 
     and better encourage energy efficiency among small business 
     concerns.
                                 ______
                                 
  SA 1501. Mr. YOUNG (for himself and Mr. Braun) submitted an amendment 
intended to be proposed to amendment SA 1407 proposed by Ms. Murkowski 
to the bill S. 2657, to support innovation in advanced geothermal 
research and development, and for other purposes; which was ordered to 
lie on the table; as follows:

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

     SEC. 14___. WASTE GAS UTILIZATION.

       (a) In General.--Subtitle F of title IX of the Energy 
     Policy Act of 2005 (42 U.S.C. 16291 et seq.) (as amended by 
     section 1405(a)) is amended by adding at the end the 
     following:

     ``SEC. 969B. WASTE GAS UTILIZATION.

       ``(a) In General.--The Secretary shall carry out a program 
     of research, development, and demonstration for waste gas 
     utilization.
       ``(b) Components.--In carrying out the program under 
     subsection (a), the Secretary shall--
       ``(1) identify and evaluate new uses for light 
     hydrocarbons, such as methane, ethane, propane, butane, 
     pentane, and hexane, produced during oil and shale gas 
     production, including the production of chemicals or 
     transportation fuels;
       ``(2) develop advanced gas conversion technologies that--
       ``(A) are modular and compact; and
       ``(B) may leverage advanced manufacturing technologies;
       ``(3) support demonstration activities at operating oil and 
     gas facilities to test the performance and cost-effectiveness 
     of new gas conversion technologies; and
       ``(4) assess and monitor potential changes in lifecycle 
     greenhouse gas emissions that may result from the use of 
     technologies developed under the program.''.
       (b) Technical Amendment.--The table of contents for the 
     Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) 
     (as amended by section 1405(b)) is amended by adding at the 
     end of the items relating to subtitle F of title IX the 
     following:

``Sec. 969B. Waste gas utilization.''.
                                 ______
                                 
  SA 1502. Mr. BRAUN (for himself and Mr. Young) submitted an amendment 
intended to be proposed to amendment SA 1407 proposed by Ms. Murkowski 
to the bill S. 2657, to support innovation in advanced geothermal 
research and development, and for other purposes; which was ordered to 
lie on the table; as follows:

        Beginning on page 274, strike line 23 and all that follows 
     through page 275, line 8, and insert the following:
       ``(2) Hydrogen conversion program.--Not later than 180 days 
     after the date of enactment of this section, the Secretary 
     shall establish a demonstration program for the purpose of 
     partnering with private institutions to accelerate the 
     commercial deployment of technology to convert solids with 
     high carbon content, including coal or petroleum coke, to 
     hydrogen and hydrogen products.
       ``(3) Cost sharing.--Activities under paragraphs (1) and 
     (2) shall be subject to the cost-sharing requirements of 
     section 988.
       ``(c) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to the Secretary to carry out this section (other than 
     subsection (b)(2))--
       ``(A) $29,000,000 for fiscal year 2021;
       ``(B) $30,250,000 for fiscal year 2022;
       ``(C) $31,562,500 for fiscal year 2023;
       ``(D) $32,940,625 for fiscal year 2024; and
       ``(E) $34,387,656 for fiscal year 2025.
       ``(2) Hydrogen conversion program.--There are authorized to 
     be appropriated to the Secretary to carry out subsection 
     (b)(2)--
       ``(A) $105,400,000 for fiscal year 2021;
       ``(B) $50,650,000 for fiscal year 2022; and
       ``(C) $55,125,000 for fiscal year 2023.''.
                                 ______
                                 
  SA 1503. Mr. BRAUN submitted an amendment intended to be proposed to 
amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to 
support innovation in advanced geothermal research and development, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the end, add the following:

                        TITLE IV--MISCELLANEOUS

     SEC. 4001. BUREAU OF LAND MANAGEMENT LAND ACQUISITION DATA.

       The Secretary of the Interior (acting through the Director 
     of the Bureau of Land Management) shall--
       (1) collect centralized data on land acquired for 
     administration by the Bureau of Land Management using amounts 
     from the Land and Water Conservation Fund established under 
     section 200302 of title 54, United States Code, including 
     data on--
       (A) the method used for the acquisition; and
       (B) the type of interest acquired;
       (2) not later than 1 year after the date of enactment of 
     this Act, and annually thereafter, submit to Congress a 
     report describing the information collected under paragraph 
     (1); and
       (3) develop guidance to ensure that land acquisition data 
     collected under paragraph (1) is entered correctly and 
     properly coded in

[[Page S1495]]

     the data system of the Bureau of Land Management.
                                 ______
                                 
  SA 1504. Mr. KENNEDY (for himself, Mr. Carper, Mr. Cassidy, Mr. 
Coons, Ms. Collins, Mr. Whitehouse, Mr. Young, Mrs. Feinstein, Mr. 
Moran, Mr. Schatz, Mr. Graham, Mr. Booker, Ms. Ernst, Mr. Merkley, Mr. 
Cotton, Mr. Van Hollen, Mr. Grassley, Mr. Markey, Mr. Boozman, Mr. 
Jones, Mr. Blunt, Mr. Blumenthal, Mr. Perdue, Mr. Heinrich, Mrs. Hyde-
Smith, Mr. Cardin, Mr. Burr, Mr. Murphy, and Mr. King) submitted an 
amendment intended to be proposed to amendment SA 1407 proposed by Ms. 
Murkowski to the bill S. 2657, to support innovation in advanced 
geothermal research and development, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. AMERICAN INNOVATION AND MANUFACTURING.

       (a) Findings; Sense of Congress.--
       (1) Findings.--Congress finds that--
       (A) industries in the United States that use and produce 
     fluorocarbons--
       (i) contribute more than $158,000,000,000 annually in goods 
     and services to the economy of the United States; and
       (ii) provide employment to more than 700,000 individuals, 
     with an industry-wide payroll of more than $32,000,000,000;
       (B) the support and promotion of the technological 
     leadership of the United States in fluorocarbon production 
     and related products, equipment, and other uses provided by 
     this section is expected--
       (i) to create approximately 33,000 new manufacturing jobs 
     in the United States; and
       (ii) to add approximately $12,500,000,000 per year to the 
     economy of the United States;
       (C) supporting and promoting the technological leadership 
     of the United States in fluorocarbon production and related 
     products, equipment, and other uses also creates a 
     significant new export advantage for manufacturers of 
     fluorinated compounds and related products and equipment in 
     the United States;
       (D) the new markets for fluorinated products and equipment 
     created by this section are expected to increase the share of 
     the United States of the global fluorocarbon product and 
     equipment market by 25 percent (to 9 percent from 7.2 
     percent); and
       (E) this section incentivizes the investment of 
     approximately $5,000,000,000 in the United States through 
     fiscal year 2025 to exploit the new markets for fluorinated 
     products and equipment created by this section.
       (2) Sense of congress.--It is the sense of Congress that 
     the Administrator should provide for a safe hydrofluorocarbon 
     transition by ensuring that heating, ventilation, air 
     conditioning, and refrigeration practitioners are positioned 
     to comply with safe servicing, repair, disposal, or 
     installation procedures.
       (b) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Allowance.--The term ``allowance'' means a limited 
     authorization for the production or consumption of a 
     regulated substance established under subsection (e).
       (3) Consumption.--The term ``consumption'', with respect to 
     a regulated substance, means a quantity equal to the 
     difference between--
       (A) a quantity equal to the sum of--
       (i) the quantity of that regulated substance produced in 
     the United States; and
       (ii) the quantity of the regulated substance imported into 
     the United States; and
       (B) the quantity of the regulated substance exported from 
     the United States.
       (4) Consumption baseline.--The term ``consumption 
     baseline'' means the baseline established for the consumption 
     of regulated substances under subsection (e)(1)(C).
       (5) Exchange value.--The term ``exchange value'' means the 
     value assigned to a regulated substance in accordance with 
     subsections (c) and (e), as applicable.
       (6) Import.--The term ``import'' means to land on, bring 
     into, or introduce into, or attempt to land on, bring into, 
     or introduce into, any place subject to the jurisdiction of 
     the United States, regardless of whether that landing, 
     bringing, or introduction constitutes an importation within 
     the meaning of the customs laws of the United States.
       (7) Produce.--
       (A) In general.--The term ``produce'' means the manufacture 
     of a regulated substance from a raw material or feedstock 
     chemical (but not including the destruction of a regulated 
     substance by a technology approved by the Administrator).
       (B) Exclusions.--The term ``produce'' does not include--
       (i) the manufacture of a regulated substance that is used 
     and entirely consumed (except for trace quantities) in the 
     manufacture of another chemical; or
       (ii) the reuse or recycling of a regulated substance.
       (8) Production baseline.--The term ``production baseline'' 
     means the baseline established for the production of 
     regulated substances under subsection (e)(1)(B).
       (9) Reclaim.--The term ``reclaim'' means--
       (A) the reprocessing of a recovered regulated substance to 
     at least the purity described in standard 700-2016 of the 
     Air-Conditioning, Heating, and Refrigeration Institute (or an 
     appropriate successor standard adopted by the Administrator); 
     and
       (B) the verification of the purity of that regulated 
     substance using, at a minimum, the analytical methodology 
     described in the standard referred to in subparagraph (A).
       (10) Recover.--The term ``recover'' means the process by 
     which a regulated substance is--
       (A) removed, in any condition, from equipment; and
       (B) stored in an external container, with or without 
     testing or processing the regulated substance.
       (11) Regulated substance.--The term ``regulated substance'' 
     means--
       (A) a substance listed in the table contained in subsection 
     (c)(1); and
       (B) a substance included as a regulated substance by the 
     Administrator under subsection (c)(3).
       (c) Listing of Regulated Substances.--
       (1) List of regulated substances.--Each of the following 
     substances, and any isomers of such a substance, shall be a 
     regulated substance:


----------------------------------------------------------------------------------------------------------------
                                                                                                       Exchange
                      Chemical Name                                       Common Name                   Value
----------------------------------------------------------------------------------------------------------------
CHF2CHF2                                                   HFC-134                                          1100
----------------------------------------------------------------------------------------------------------------
CH2FCF3                                                     HFC-134a                                        1430
----------------------------------------------------------------------------------------------------------------
CH2FCHF2                                                   HFC-143                                           353
----------------------------------------------------------------------------------------------------------------
CHF2CH2CF3                                                 HFC-245fa                                        1030
----------------------------------------------------------------------------------------------------------------
CF3CH2CF2CH3                                               HFC-365mfc                                        794
----------------------------------------------------------------------------------------------------------------
CF3CHFCF3                                                  HFC-227ea                                        3220
----------------------------------------------------------------------------------------------------------------
CH2FCF2CF3                                                 HFC-236cb                                        1340
----------------------------------------------------------------------------------------------------------------
CHF2CHFCF3                                                 HFC-236ea                                        1370
----------------------------------------------------------------------------------------------------------------
CF3CH2CF3                                                  HFC-236fa                                        9810
----------------------------------------------------------------------------------------------------------------
CH2FCF2CHF2                                                HFC-245ca                                         693
----------------------------------------------------------------------------------------------------------------
CF3CHFCHFCF2CF3                                            HFC-43-10mee                                     1640
----------------------------------------------------------------------------------------------------------------
CH2F2                                                      HFC-32                                            675
----------------------------------------------------------------------------------------------------------------
CHF2CF3                                                    HFC-125                                          3500
----------------------------------------------------------------------------------------------------------------
CH3CF3                                                     HFC-143a                                         4470
----------------------------------------------------------------------------------------------------------------
CH3F                                                       HFC-41                                             92
----------------------------------------------------------------------------------------------------------------

[[Page S1496]]

 
CH2FCH2F                                                   HFC-152                                            53
----------------------------------------------------------------------------------------------------------------
CH3CHF2                                                    HFC-152a                                          124
----------------------------------------------------------------------------------------------------------------
CHF3                                                       HFC-23                                         14800.
----------------------------------------------------------------------------------------------------------------

       (2) Review.--The Administrator may--
       (A) review the exchange values listed in the table 
     contained in paragraph (1) on a periodic basis; and
       (B) subject to notice and opportunity for public comment, 
     adjust the exchange values solely on the basis of--
       (i) publicly available, peer-reviewed scientific data; and
       (ii) other information consistent with widely used or 
     commonly accepted existing exchange values.
       (3) Other regulated substances.--
       (A) In general.--Subject to notice and opportunity for 
     public comment, the Administrator may designate a substance 
     not included in the table contained in paragraph (1) as a 
     regulated substance if--
       (i) the substance--

       (I) is a chemical substance that is a saturated 
     hydrofluorocarbon; and
       (II) has an exchange value, as determined by the 
     Administrator in accordance with the basis described in 
     paragraph (2)(B), of greater than 53; and

       (ii) the designation of the substance as a regulated 
     substance would be consistent with the purposes of this 
     section.
       (B) Savings provision.--Nothing in this paragraph 
     authorizes the Administrator to designate as a regulated 
     substance a blend of substances that includes a saturated 
     hydrofluorocarbon for purposes of phasing down production or 
     consumption of regulated substances under subsection (e), 
     even if the saturated hydrofluorocarbon is, or may be, 
     designated as a regulated substance.
       (d) Monitoring and Reporting Requirements.--
       (1) Production, import, and export level reports.--
       (A) In general.--On a periodic basis, to be determined by 
     the Administrator, but not less frequently than annually, 
     each person who, within the applicable reporting period, 
     produces, imports, exports, destroys, transforms, uses as a 
     process agent, or reclaims a regulated substance shall submit 
     to the Administrator a report that describes, as applicable, 
     the quantity of the regulated substance that the person--
       (i) produced, imported, and exported;
       (ii) reclaimed;
       (iii) destroyed by a technology approved by the 
     Administrator;
       (iv) used and entirely consumed (except for trace 
     quantities) in the manufacture of another chemical; or
       (v) used as a process agent.
       (B) Requirements.--
       (i) Signed and attested.--The report under subparagraph (A) 
     shall be signed and attested by a responsible officer (within 
     the meaning of the Clean Air Act (42 U.S.C. 7401 et seq.)).
       (ii) No further reports required.--A report under 
     subparagraph (A) shall not be required from a person if the 
     person--

       (I) permanently ceases production, importation, 
     exportation, destruction, transformation, use as a process 
     agent, or reclamation of all regulated substances; and
       (II) notifies the Administrator in writing that the 
     requirement under subclause (I) has been met.

       (iii) Baseline period.--Each report under subparagraph (A) 
     shall include, as applicable, the information described in 
     that subparagraph for the baseline period of calendar years 
     2011 through 2013.
       (2) Coordination.--The Administrator may allow any person 
     subject to the requirements of paragraph (1)(A) to combine 
     and include the information required to be reported under 
     that paragraph with any other related information that the 
     person is required to report to the Administrator.
       (e) Phase-down of Production and Consumption of Regulated 
     Substances.--
       (1) Baselines.--
       (A) In general.--Subject to subparagraph (D), the 
     Administrator shall establish for the phase-down of regulated 
     substances--
       (i) a production baseline for the production of all 
     regulated substances in the United States, as described in 
     subpagraph (B)); and
       (ii) a consumption baseline for the consumption of all 
     regulated substances in the United States, as described in 
     subparagraph (C).
       (B) Production baseline described.--The production baseline 
     referred to in subparagraph (A)(i) is the quantity equal to 
     the sum of--
       (i) the average annual quantity of all regulated substances 
     produced in the United States during the period--

       (I) beginning on January 1, 2011; and
       (II) ending on December 31, 2013; and

       (ii) the quantity equal to the sum of--

       (I) 15 percent of the production level of 
     hydrochlorofluorocarbons in calendar year 1989; and
       (II) 0.42 percent of the production level of 
     chlorofluorocarbons in calendar year 1989.

       (C) Consumption baseline described.--The consumption 
     baseline referred to in subparagraph (A)(ii) is the quantity 
     equal to the sum of--
       (i) the average annual quantity of all regulated substances 
     consumed in the United States during the period--

       (I) beginning on January 1, 2011; and
       (II) ending on December 31, 2013; and

       (ii) the quantity equal to the sum of--

       (I) 15 percent of the consumption level of 
     hydrochlorofluorocarbons in calendar year 1989; and
       (II) 0.42 percent of the consumption level of 
     chlorofluorocarbons in calendar year 1989.

       (D) Exchange values.--
       (i) In general.--For purposes of subparagraphs (B) and (C), 
     the Administrator shall use the following exchange values for 
     hydrochlorofluorocarbons and chlorofluorocarbons:

  


----------------------------------------------------------------------------------------------------------------
                                                     Table 2
-----------------------------------------------------------------------------------------------------------------
                                                                                                       Exchange
                      Chemical Name                                       Common Name                   Value
----------------------------------------------------------------------------------------------------------------
CHFC12                                                     HCFC-21                                           151
----------------------------------------------------------------------------------------------------------------
CHF2C1                                                      HCFC-22                                         1810
----------------------------------------------------------------------------------------------------------------
C2HF3C12                                                   HCFC-123                                           77
----------------------------------------------------------------------------------------------------------------
C2HF4C1                                                    HCFC-124                                          609
----------------------------------------------------------------------------------------------------------------
CH3CFC12                                                   HCFC-141b                                         725
----------------------------------------------------------------------------------------------------------------
CH3CF2C1                                                   HCFC-142b                                        2310
----------------------------------------------------------------------------------------------------------------
CF3CF2CHC12                                                HCFC-225ca                                        122
----------------------------------------------------------------------------------------------------------------
CF2C1CF2CHC1F                                              HCFC-225cb                                        595
----------------------------------------------------------------------------------------------------------------

  



----------------------------------------------------------------------------------------------------------------
                                                     Table 3
-----------------------------------------------------------------------------------------------------------------
                                                                                                       Exchange
                      Chemical Name                                       Common Name                   Value
----------------------------------------------------------------------------------------------------------------
CFC13                                                      CFC-11                                           4750
----------------------------------------------------------------------------------------------------------------
CF2C12                                                     CFC-12                                          10900
----------------------------------------------------------------------------------------------------------------

[[Page S1497]]

 
C2F3C13                                                    CFC-113                                          6130
----------------------------------------------------------------------------------------------------------------
C2F4C12                                                    CFC-114                                         10000
----------------------------------------------------------------------------------------------------------------
C2F5C1                                                     CFC-115                                          7370
----------------------------------------------------------------------------------------------------------------

       (ii) Review.--The Administrator may--

       (I) review the exchange values listed in the tables 
     contained in paragraph (1) on a periodic basis; and
       (II) subject to notice and opportunity for public comment, 
     adjust the exchange values solely on the basis of--

       (aa) publicly available, peer-
     reviewed scientific data; and
       (bb) other information consistent with widely used or 
     commonly accepted existing exchange values.
       (2) Production and consumption phase-down.--
       (A) In general.--During the period beginning on January 1 
     of each year listed in the table contained in subparagraph 
     (C) and ending on December 31 of the year before the next 
     year listed on that table, except as otherwise permitted 
     under this section, no person shall--
       (i) produce a quantity of a regulated substance without a 
     corresponding quantity of production allowances, except as 
     provided in paragraph (5); or
       (ii) consume a quantity of a regulated substance without a 
     corresponding quantity of consumption allowances.
       (B) Compliance.--For each year listed on the table 
     contained in subparagraph (C), the Administrator shall ensure 
     that the annual quantity of all regulated substances produced 
     or consumed in the United States does not exceed the product 
     obtained by multiplying--
       (i) the production baseline or consumption baseline, as 
     applicable; and
       (ii) the applicable percentage listed on the table 
     contained in subparagraph (C).
       (C) Relation to baseline.--On January 1 of each year listed 
     in the following table, the Administrator shall apply the 
     applicable percentage, as described in subparagraph (A):


----------------------------------------------------------------------------------------------------------------
                                                     Percentage of Production        Percentage of Consumption
                      Date                                   Baseline                        Baseline
----------------------------------------------------------------------------------------------------------------
2020-2023                                         90 percent                      90 percent
----------------------------------------------------------------------------------------------------------------
2024-2028                                         60 percent                      60 percent
----------------------------------------------------------------------------------------------------------------
2029-2033                                         30 percent                      30 percent
----------------------------------------------------------------------------------------------------------------
2034-2035                                         20 percent                      20 percent
----------------------------------------------------------------------------------------------------------------
2036 and thereafter                               15 percent                      15 percent
----------------------------------------------------------------------------------------------------------------

       (D) Allowances.--
       (i) Quantity.--Not later than October 1 of each calendar 
     year, the Administrator shall use the quantity calculated 
     under subparagraph (B) to determine the quantity of 
     allowances for the production and consumption of regulated 
     substances that may be used for the following calendar year.
       (ii) Nature of allowances.--

       (I) In general.--An allowance allocated under this 
     section--

       (aa) does not constitute a property right; and
       (bb) is a limited authorization for the production or 
     consumption of a regulated substance under this section.

       (II) Savings provision.--Nothing in this section or in any 
     other provision of law limits the authority of the United 
     States to terminate or limit an authorization described in 
     subclause (I)(bb).

       (3) Regulations regarding production and consumption of 
     regulated substances.--Not later than 270 days after the date 
     of enactment of this Act, the Administrator shall issue a 
     final rule--
       (A) phasing down the production of regulated substances in 
     the United States through an allowance allocation and trading 
     program in accordance with this section; and
       (B) phasing down the consumption of regulated substances in 
     the United States through an allowance allocation and trading 
     program in accordance with the schedule under paragraph 
     (2)(C) (subject to the same exceptions and other requirements 
     as are applicable to the phase-down of production of 
     regulated substances under this section).
       (4) Exceptions.--
       (A) Feedstocks and process agents.--Except for the 
     reporting requirements described in subsection (d)(1), this 
     section does not apply to--
       (i) a regulated substance that is used and entirely 
     consumed (except for trace quantities) in the manufacture of 
     another chemical; or
       (ii) a regulated substance that is used and not entirely 
     consumed in the manufacture of another chemical, if the 
     remaining amounts of the regulated substance are subsequently 
     destroyed.
       (B) Essential uses.--
       (i) In general.--Not earlier than January 1, 2034, the 
     Administrator may, after notice and opportunity for public 
     comment, authorize the production or consumption of a 
     regulated substance for a period of not more than 5 years in 
     a quantity in excess of the quantities authorized under 
     paragraph (2)(A) for the exclusive use of the regulated 
     substance in an application with respect to which the 
     Administrator determines that--

       (I) no substitute will be available during the applicable 
     period for that application, considering technological 
     achievability, commercial demands, safety, and other relevant 
     factors; and
       (II) the total supply of the regulated substance authorized 
     under paragraph (2)(A), including any quantities of a 
     regulated substance available from reclaiming, prior 
     production, or prior import, is insufficient to accommodate 
     the application.

       (ii) Limitation.--No person receiving an authorization 
     under clause (i) may, on an annual basis, produce or consume 
     a quantity of a regulated substance that is greater than 10 
     percent of the quantity that the person produced or consumed 
     to contribute to the production baseline or the consumption 
     baseline, as applicable.
       (iii) Review.--

       (I) In general.--For each application for which the 
     Administrator has authorized the production or consumption, 
     as applicable, of a regulated substance under clause (i), the 
     Administrator shall review the availability of substitutes, 
     including any quantities of the regulated substance available 
     from reclaiming or prior production, not less frequently than 
     once every 5 years, considering technological achievability, 
     commercial demands, safety, and other relevant factors.
       (II) Extension.--If the Administrator determines, subject 
     to notice and opportunity for public comment, that no 
     substitute will be available for an application for which the 
     Administrator granted a waiver under clause (i) during a 
     subsequent period, the Administrator may authorize the 
     production or consumption, as applicable, of any regulated 
     substance used in the application for not more than an 
     additional 5 years in a quantity in excess of the quantity 
     authorized under paragraph (2)(A) for exclusive use in the 
     application.

       (5) Domestic manufacturing.--Notwithstanding paragraph 
     (2)(A)(i), the Administrator may authorize a person to 
     produce a regulated substance in excess of the number of 
     production allowances held by that person, subject to the 
     conditions that--
       (A) the authorization is--
       (i) for a renewable period of not more than 5 years; and
       (ii) subject to notice and opportunity for public comment; 
     and
       (B) the production--
       (i) is at a facility located in the United States;
       (ii) is solely for export to, and use in, a foreign country 
     that is not subject to the prohibition in subsection (j)(1); 
     and
       (iii) would not violate paragraph (2)(B).
       (f) Accelerated Schedule.--
       (1) In general.--Subject to paragraph (4), the 
     Administrator may, in response to a petition submitted to the 
     Administrator in accordance with paragraph (3) and after 
     notice and opportunity for public comment, promulgate 
     regulations that establish a schedule for phasing down the 
     production or consumption of regulated substances that is 
     more stringent than the production and consumption levels of 
     regulated substances required under subsection (e)(2)(C) if, 
     based on the availability of substitutes for regulated 
     substances, the Administrator determines that a more-
     stringent schedule is practicable, taking into account 
     technological

[[Page S1498]]

     achievability, commercial demands, safety, and other relevant 
     factors, including the quantities of regulated substances 
     available from reclaiming, prior production, or prior import.
       (2) Requirement.--In making a determination on whether to 
     implement a more-stringent phase-down schedule under 
     paragraph (1), the Administrator shall--
       (A) consider--
       (i) the remaining phase-down period for regulated 
     substances under subsection (e), if applicable; and
       (ii) relevant, publicly available, peer-reviewed scientific 
     data;
       (B) apply uniformly any regulations promulgated pursuant to 
     paragraph (1) to the allocation of production and consumption 
     allowances for regulated substances, in accordance with 
     subsection (e)(3); and
       (C) adjust the production and consumption allowances 
     accordingly.
       (3) Petition.--
       (A) In general.--A person may petition the Administrator to 
     promulgate regulations for an accelerated schedule for the 
     phase-down of production or consumption of regulated 
     substances under paragraph (1).
       (B) Requirement.--A petition submitted under subparagraph 
     (A) shall--
       (i) be made at such time, in such manner, and containing 
     such information as the Administrator shall require; and
       (ii) include a showing by the petitioner that there are 
     data to support the petition.
       (C) Timelines.--
       (i) Petitions.--The Administrator shall grant or deny the 
     petition under subparagraph (A) by not later than 270 days 
     after the date on which the Administrator receives the 
     petition.
       (ii) Regulations.--If the Administrator grants a petition 
     under subparagraph (A), the final regulations with respect to 
     the petition shall be promulgated by not later than 1 year 
     after the date on which the Administrator grants the 
     petition.
       (D) Denial.--If the Administrator denies a petition under 
     subparagraph (A), the Administrator shall publish a 
     description of the reason for the denial.
       (E) Insufficient information.--If the Administrator 
     determines that the data included under subparagraph (B)(ii) 
     in a petition are not sufficient to make a determination 
     under this paragraph, the Administrator shall use any 
     authority available to the Administrator to acquire the 
     necessary data.
       (4) Applicability.--The Administrator may not promulgate 
     under paragraph (1) a regulation for the production or 
     consumption of regulated substances that is more stringent 
     than the production or consumption levels required under 
     subsection (e)(2)(C) that takes effect before January 1, 
     2024.
       (g) Exchange Authority.--
       (1) Transfers.--Not later than 270 days after the date of 
     enactment of this Act, the Administrator shall promulgate a 
     final regulation that governs the transfer of allowances for 
     the production of regulated substances under subsection 
     (e)(3)(A) that uses--
       (A) the applicable exchange values described in the table 
     contained in subsection (c)(1); or
       (B) the exchange value described in the rule designating 
     the substance as a regulated substance under subsection 
     (c)(3).
       (2) Requirements.--The final rule promulgated pursuant to 
     paragraph (1)(A) shall--
       (A) ensure that the transfers under this subsection will 
     result in greater total reductions in the production of 
     regulated substances in each year than would occur during the 
     year in the absence of the transfers;
       (B) permit 2 or more persons to transfer production 
     allowances if the transferor of the allowances will be 
     subject, under the final rule, to an enforceable and 
     quantifiable reduction in annual production that--
       (i) exceeds the reduction otherwise applicable to the 
     transferor under this section;
       (ii) exceeds the quantity of production represented by the 
     production allowances transferred to the transferee; and
       (iii) would not have occurred in the absence of the 
     transaction; and
       (C) provide for the trading of consumption allowances in 
     the same manner as is applicable under this subsection to the 
     trading of production allowances.
       (h) Management of Regulated Substances.--
       (1) In general.--For purposes of maximizing reclaiming and 
     minimizing the release of a regulated substance from 
     equipment and ensuring the safety of technicians and 
     consumers, the Administrator shall promulgate regulations to 
     control, where appropriate, any practice, process, or 
     activity regarding the servicing, repair, disposal, or 
     installation of equipment (including requiring, where 
     appropriate, that any such servicing, repair, disposal, or 
     installation be performed by a trained technician meeting 
     minimum standards, as determined by the Administrator) that 
     involves--
       (A) a regulated substance;
       (B) a substitute for a regulated substance;
       (C) the reclaiming of a regulated substance used as a 
     refrigerant; or
       (D) the reclaiming of a substitute for a regulated 
     substance used as a refrigerant.
       (2) Reclaiming.--
       (A) In general.--In carrying out this section, the 
     Administrator shall consider the use of authority available 
     to the Administrator under this section to increase 
     opportunities for the reclaiming of regulated substances used 
     as refrigerants.
       (B) Recovery.--A regulated substance used as a refrigerant 
     that is recovered shall be reclaimed before the regulated 
     substance is sold or transferred to a new owner, except where 
     the recovered regulated substance is sold or transferred to a 
     new owner solely for the purposes of being reclaimed or 
     destroyed.
       (3) Coordination.--In promulgating regulations to carry out 
     this subsection, the Administrator may coordinate those 
     regulations with any other regulations promulgated by the 
     Administrator that involve--
       (A) the same or a similar practice, process, or activity 
     regarding the servicing, repair, disposal, or installation of 
     equipment; or
       (B) reclaiming.
       (i) Technology Transitions.--
       (1) Authority.--Subject to the provisions of this 
     subsection, the Administrator may by rule restrict, fully, 
     partially, or on a graduated schedule, the use of a regulated 
     substance in the sector or subsector in which the regulated 
     substance is used.
       (2) Negotiated rulemaking.--
       (A) Consideration required.--Before proposing a rule for 
     the use of a regulated substance for a sector or subsector 
     under paragraph (1), the Administrator shall consider 
     negotiating with stakeholders in the sector or subsector 
     subject to the potential rule in accordance with the 
     negotiated rulemaking procedure provided for under subchapter 
     III of chapter 5 of title 5, United States Code (commonly 
     known as the ``Negotiated Rulemaking Act of 1990'').
       (B) Negotiated rulemakings.--If the Administrator 
     negotiates a rulemaking with stakeholders using the procedure 
     described in subparagraph (A), the Administrator shall, to 
     the extent practicable, give priority to completing that 
     rulemaking over completing rulemakings that were not 
     negotiated using that procedure.
       (C) No negotiated rulemaking.--If the Administrator does 
     not negotiate a rulemaking with stakeholders using the 
     procedure described in subparagraph (A), the Administrator 
     shall, before commencement of the rulemaking process for a 
     rule under paragraph (1), publish an explanation of the 
     decision of the Administrator to not use that procedure.
       (3) Transition.--
       (A) Proposals.--Not later than 18 months after the date of 
     enactment of this Act, the Administrator shall publish in the 
     Federal Register a proposal of 1 or more dates after which 
     the use of a regulated substance in a sector or subsector 
     shall be restricted.
       (B) Final rules.--Not later than 18 months after the date 
     on which the Administrator publishes a proposed rule under 
     subparagraph (A) in the Federal Register, the Administrator 
     shall issue a final rule for that proposed rule.
       (4) Petitions.--
       (A) In general.--A person may petition the Administrator to 
     issue a rule under paragraph (1) for the restriction on use 
     of a regulated substance in a sector or subsector, which may 
     include a request that the Administrator negotiate with 
     stakeholders in accordance with paragraph (2)(A).
       (B) Response.--The Administrator shall grant or deny a 
     petition under subparagraph (A) not later than 180 days after 
     the date of receipt of the petition.
       (C) Requirements.--
       (i) Explanation.--If the Administrator denies a petition 
     under subparagraph (B), the Administrator shall publish in 
     the Federal Register an explanation of the denial.
       (ii) Final rule.--If the Administrator grants a petition 
     under subparagraph (B), the Administrator shall issue a final 
     rule not later than 2 years after the date on which the 
     Administrator grants the petition.
       (iii) Publication of petitions.--Not later than 30 days 
     after the date on which the Administrator receives a petition 
     under subparagraph (A), the Administrator shall publish in 
     the Federal Register that petition in full.
       (5) Criteria.--In issuing a rule under paragraph (1), the 
     Administrator shall consider the need--
       (A) to promote and support domestic economic development;
       (B) to maximize protections for human health and the 
     environment;
       (C) to minimize costs for the production, use, and 
     reclaiming of regulated substances;
       (D) to maximize flexibility for the recovery, reclaiming, 
     and reuse of regulated substances;
       (E) to ensure consumer safety;
       (F) for the availability of substitutes, taking into 
     account technological achievability, commercial demands, 
     safety, and other relevant factors, including lead times for 
     equipment conversion; and
       (G) to minimize any additional costs to consumers.
       (6) Evaluation.--In carrying out this subsection, the 
     Administrator shall evaluate substitutes for regulated 
     substances in a sector or subsector, taking into account 
     technological achievability, commercial demands, safety, and 
     other relevant factors.
       (j) International Cooperation.--
       (1) In general.--Subject to paragraph (2), no person 
     subject to the requirements of this section shall trade or 
     transfer a production allowance or, after January 1, 2033, 
     export a regulated substance to a person in a foreign country 
     that, as determined by the Administrator, has not enacted or 
     otherwise established within a reasonable timeframe after the 
     date of enactment of this Act the same or similar 
     requirements or otherwise undertaken commitments regarding 
     the production and consumption of regulated substances as are 
     contained in this section.

[[Page S1499]]

       (2) Transfers.--Pursuant to paragraph (1), a person in the 
     United States may engage in a trade or transfer of a 
     production allowance--
       (A) to a person in a foreign country if, at the time of the 
     transfer, the Administrator revises the number of allowances 
     for production under subsection (e)(2), as applicable, for 
     the United States such that the aggregate national production 
     of the regulated substance to be traded under the revised 
     production limits is equal to the least of--
       (i) the maximum production level permitted for the 
     applicable regulated substance in the year of the transfer 
     under this section, less the production allowances 
     transferred;
       (ii) the maximum production level permitted for the 
     applicable regulated substances in the transfer year under 
     applicable law, less the production allowances transferred; 
     and
       (iii) the average of the actual national production level 
     of the applicable regulated substances for the 3-year period 
     ending on the date of the transfer, less the production 
     allowances transferred; or
       (B) from a person in a foreign country if, at the time of 
     the trade or transfer, the Administrator finds that the 
     foreign country has revised the domestic production limits of 
     the regulated substance in the same manner as provided with 
     respect to transfers by a person in United States under this 
     subsection.
       (3) Effect of transfers on production limits.--The 
     Administrator may--
       (A) reduce the production limits established under 
     subsection (e)(2)(B) as required as a prerequisite to a 
     transfer described in paragraph (2)(A); or
       (B) increase the production limits established under 
     subsection (e)(2)(B) to reflect production allowances 
     acquired under a trade or transfer described in paragraph 
     (2)(B).
       (4) Regulations.--The Administrator shall--
       (A) not later than 1 year after the date of enactment of 
     this Act, promulgate a final rule to carry out this 
     subsection; and
       (B) not less frequently than annually, review and, if 
     necessary, revise the final rule promulgated pursuant to 
     subparagraph (A).
       (k) Relationship to Other Law.--
       (1) Implementation.--
       (A) Rulemakings.--The Administrator may promulgate such 
     regulations as are necessary to carry out the functions of 
     the Administrator under this section.
       (B) Delegation.--The Administrator may delegate to any 
     officer or employee of the Environmental Protection Agency 
     such of the powers and duties of the Administrator under this 
     section as the Administrator determines to be appropriate.
       (C) Clean air act.--Sections 113, 114, 304, and 307 of the 
     Clean Air Act (42 U.S.C. 7413, 7414, 7604, 7607) shall apply 
     to this section and any regulations promulgated by the 
     Administrator pursuant to this section as though this section 
     were expressly included in each of those sections, as 
     applicable, and the requirements of this section were part of 
     that Act (42 U.S.C. 7401 et seq.).
       (2) Authority.--On issuance of a final rule under 
     subsection (e)(3) for the production and consumption of 
     regulated substances, notwithstanding any other provision of 
     law, the Administrator shall have no authority to regulate 
     the production or consumption of regulated substances under 
     section 614(b) of the Clean Air Act (42 U.S.C. 7671m(b)).
                                 ______
                                 
  SA 1505. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to 
support innovation in advanced geothermal research and development, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. SBIR AND STTR PROGRAMS OF THE DEPARTMENT OF ENERGY.

       (a) Accelerating SBIR and STTR Award Timelines at the 
     Department of Energy.--Section 9 of the Small Business Act 
     (15 U.S.C. 638) is amended--
       (1) in subsection (g)(8)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) in subparagraph (C), by adding ``and'' at the end; and
       (C) by adding at the end the following:
       ``(D) with respect to the SBIR program of the Department of 
     Energy, the average and median amount of time that the 
     Department of Energy takes to review and make a final 
     decision on proposals submitted under the program;'';
       (2) in subsection (o)(9)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) in subparagraph (C), by adding ``and'' at the end; and
       (C) by adding at the end the following:
       ``(D) with respect to the STTR program of the Department of 
     Energy, the average and median amount of time that the 
     Department of Energy takes to review and make a final 
     decision on proposals submitted under the program;'';
       (3) in subsection (hh), by adding at the end the following:
       ``(3) Requirement to accelerate department of energy sbir 
     and sttr awards.--Not later than 1 year after the date of 
     enactment of this paragraph, the Department of Energy shall 
     establish a program to reduce the time for awards under the 
     SBIR and STTR programs of the Department of Energy by--
       ``(A) developing simplified and standardized procedures and 
     model contracts or awards throughout the Department of Energy 
     for Phase I, Phase II, and Phase III SBIR awards;
       ``(B) for Phase I SBIR and STTR awards, reducing the amount 
     of time between solicitation closure and award;
       ``(C) for Phase II SBIR and STTR awards, reducing the 
     amount of time between the end of a Phase I award and the 
     start of the Phase II award;
       ``(D) for Phase II SBIR and STTR awards that skip Phase I, 
     reducing the amount of time between solicitation closure and 
     award;
       ``(E) for sequential Phase II SBIR and STTR awards, 
     reducing the amount of time between Phase II awards; and
       ``(F) reducing the award times described in subparagraphs 
     (B), (C), (D), and (E) to be as close to 90 days as 
     possible.''; and
       (4) in subsection (ii), by adding at the end the following:
       ``(3) Additional comptroller general reports for the 
     department of energy.--The Comptroller General of the United 
     States shall submit to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives, with respect to the 
     SBIR and STTR programs Department of Energy--
       ``(A) not later than 2 years after the date of enactment of 
     this paragraph, a report that--
       ``(i) provides the average and median amount of time that 
     the Department takes to review and make a final decision on 
     proposals submitted under each program; and
       ``(ii) compares that average and median amount of time with 
     that of the previous 5 fiscal years; and
       ``(B) not later than March 31, 2024, a report that--
       ``(i) includes the information described in subparagraph 
     (A);
       ``(ii) assesses where the Department of Energy needs 
     improvement with respect to the proposal review and award 
     times under each program;
       ``(iii) identifies best practices for shortening the 
     proposal review and award times under each program; and
       ``(iv) analyzes the efficacy of the program established 
     under subsection (hh)(3).''.
       (b) Improvements to Commercialization Selection.--
       (1) In general.--Section 9 of the Small Business Act (15 
     U.S.C. 638) is amended--
       (A) in subsection (g)--
       (i) in paragraph (11), by striking ``and'' at the end;
       (ii) in paragraph (12), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(13) with respect to peer review carried out under the 
     SBIR program of the Department of Energy, to the extent 
     practicable, include in the peer review--
       ``(A) the likelihood of commercialization in addition to 
     scientific and technical merit and feasibility; and
       ``(B) not less than 1 reviewer with commercialization 
     expertise who is capable of assessing the likelihood of 
     commercialization.'';
       (B) in subsection (o)--
       (i) in paragraph (15), by striking ``and'' at the end;
       (ii) in paragraph (16), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(17) with respect to peer review carried out under the 
     STTR program of the Department of Energy, to the extent 
     practicable, include in the peer review--
       ``(A) the likelihood of commercialization in addition to 
     scientific and technical merit and feasibility; and
       ``(B) not less than 1 reviewer with commercialization 
     expertise who is capable of assessing the likelihood of 
     commercialization.'';
       (C) in subsection (cc)--
       (i) by striking ``During fiscal years 2012 through 2022, 
     the National Institutes of Health, the Department of Defense, 
     and the Department of Education'' and inserting the 
     following:
       ``(1) In general.--During fiscal years 2020 through 2025, 
     the National Institutes of Health, the Department of Defense, 
     the Department of Education, and the Department of Energy''; 
     and
       (ii) by adding at the end the following:
       ``(2) Limitation.--The total value of awards provided by a 
     Federal agency described in paragraph (1) under this 
     subsection in a fiscal year shall be not more than 10 percent 
     of the total funds allocated to the SBIR and STTR programs of 
     the Federal agency during that fiscal year.
       ``(3) Extension.--During fiscal years 2024 and 2025, each 
     Federal agency described in paragraph (1) may continue phase 
     flexibility as described in this subsection only if the 
     reports required under subsection (tt)(1)(B) have been 
     submitted to the appropriate committees.'';
       (D) in subsection (hh)(2)(A)(i), by inserting ``application 
     process and requirements'' after ``simplified and 
     standardized''; and
       (E) by adding at the end the following:
       ``(vv) Technology Commercialization Official in the 
     Department of Energy.--The Department of Energy shall 
     designate a Technology Commercialization Official in the 
     Department of Energy, who shall--
       ``(1) have sufficient commercialization experience;

[[Page S1500]]

       ``(2) provide assistance to SBIR and STTR program awardees 
     in commercializing and transitioning technologies;
       ``(3) identify SBIR and STTR program technologies with 
     sufficient technology and commercialization readiness to 
     advance to Phase III awards or other non-SBIR or STTR program 
     contracts;
       ``(4) coordinate with the Technology Commercialization 
     Officials of other Federal agencies to identify additional 
     markets and commercialization pathways for promising SBIR and 
     STTR program technologies;
       ``(5) submit to the Administration an annual report on the 
     number of technologies from the SBIR or STTR program that 
     have advanced commercialization activities, including 
     information required in the commercialization impact 
     assessment under subsection (xx) and how those activities may 
     relate to support of the diversification of the United States 
     supply chain;
       ``(6) submit to the Administration an annual report on 
     actions taken by the Federal agency, and the results of those 
     actions, to simplify, standardize, and expedite the 
     application process and requirements, procedures, and 
     contracts as required under subsection (hh) and described in 
     subsection (xx)(E); and
       ``(7) carry out such other duties as the Department of 
     Energy determines necessary.''.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator of the Small 
     Business Administration shall submit to the Committee on 
     Small Business and Entrepreneurship of the Senate and the 
     Committee on Small Business of the House of Representatives 
     summarizing the metrics relating to and an evaluation of the 
     authority provided under section 9(hh) of the Small Business 
     Act (15 U.S.C. 638(hh)) to the Department of Energy, as 
     amended by subsection (a), which shall include the size and 
     location of the small business concerns, as defined in 
     section 3 of the Small Business Act (15 U.S.C. 632), 
     receiving awards under the SBIR or STTR program, as defined 
     in section 9(e) of the Small Business Act (15 U.S.C. 638(e)), 
     of the Department of Energy.
                                 ______
                                 
  SA 1506. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill H.R. 6074, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2020, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. RESCISSIONS.

       (a) Educational and Cultural Assistance Programs.--
     Notwithstanding any other provision of law, all amounts made 
     available for fiscal year 2020 for the East-West Center under 
     title I of the Department of State, Foreign Operations, and 
     Related Programs Appropriations Act, 2020 (division G of 
     Public Law 116-94), the Inter-American Foundation under title 
     III of such Act, and educational and cultural exchange 
     programs under title I of such Act that remain unobligated as 
     of the date of the enactment of this Act are rescinded.
       (b) Proportional Rescissions of Other Unobligated 
     Discretionary Appropriations.--
       (1) In general.--Except as provided under paragraph (2), 
     after rescinding the amounts required under subsection (a), 
     the Director of the Office of Management and Budget shall 
     rescind, on a proportional basis, such amounts as may be 
     necessary to fully offset (in conjunction with the 
     rescissions under subsection (a)) the amounts appropriated by 
     this Act from the unobligated amounts appropriated for fiscal 
     year 2020 for--
       (A) the Economic Support Fund under chapter 4 of part II of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.); 
     and
       (B) the United States Agency for International Development.
       (2) Exclusions.--In making the rescissions required under 
     paragraph (1), the Director shall not rescind any amounts 
     appropriated for--
       (A) global health programs under title III of the 
     Department of State, Foreign Operations, and Related Programs 
     Appropriations Act, 2020 (division G of Public Law 116-94); 
     or
       (B) assistance to Israel.
                                 ______
                                 
  SA 1507. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to 
support innovation in advanced geothermal research and development, and 
for other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 21___. LOAN GUARANTEES FOR PROJECTS THAT INCREASE THE 
                   DOMESTIC SUPPLY OF CRITICAL MINERALS.

       (a) In General.--Section 1703(b) of the Energy Policy Act 
     of 2005 (42 U.S.C. 16513(b)) is amended by adding at the end 
     the following:
       ``(11) Projects that increase the domestic supply of 
     critical minerals (as designated by the Secretary of the 
     Interior under section 2101(c) of the American Energy 
     Innovation Act of 2020), including through mining, 
     processing, recycling, and the fabrication of mineral 
     alternatives.''.
       (b) Prohibition on Use of Appropriated Funds.--Amounts 
     appropriated to the Department before the date of enactment 
     of this Act shall not be made available for the cost of loan 
     guarantees made under paragraph (11) of section 1703(b) of 
     the Energy Policy Act of 2005 (42 U.S.C. 16513(b)).
                                 ______
                                 
  SA 1508. Mr. HAWLEY submitted an amendment intended to be proposed to 
amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to 
support innovation in advanced geothermal research and development, and 
for other purposes; which was ordered to lie on the table; as follows:

        On page 362, strike lines 14 through 16 and insert the 
     following:
       (EE) biofuel vehicle technologies, including ethanol and 
     biodiesel combustion systems, and biofuel infrastructure, 
     including the use of agricultural feedstocks to provide fuel 
     and power; and
       (FF) other research areas as determined by the Secretary.
                                 ______
                                 
  SA 1509. Ms. McSALLY (for herself and Mr. Leahy) submitted an 
amendment intended to be proposed to amendment SA 1407 proposed by Ms. 
Murkowski to the bill S. 2657, to support innovation in advanced 
geothermal research and development, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end, add the following:

                        TITLE IV--MISCELLANEOUS

     SEC. 4001. FIREWOOD BANKS.

       (a) Definitions.--In this section:
       (1) Cooperating party.--The term ``cooperating party'' 
     means a State, local, or Tribal government, a private 
     company, a nonprofit organization, and a cooperative.
       (2) Firewood bank.--The term ``firewood bank'' means a 
     site--
       (A) at which firewood is collected, processed, or stored; 
     and
       (B) that is used by a cooperating party to distribute 
     firewood to low-income or disabled individuals for personal 
     use.
       (3) Secretaries.--The term ``Secretaries'' means the 
     Secretary, the Secretary of the Interior, and the Secretary 
     of Agriculture.
       (4) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) the Secretary of the Interior, in the case of Federal 
     land administered by the Secretary of the Interior, including 
     trust land (as defined in section 3765 of title 38, United 
     States Code); and
       (B) the Secretary of Agriculture, in the case of Federal 
     land administered by the Secretary of Agriculture, acting 
     through the Chief of the Forest Service.
       (b) Promotion of Firewood Banks.--The Secretaries shall 
     promote the use of firewood banks by carrying out this 
     section.
       (c) Firewood Banks Within Communities.--
       (1) In general.--The Secretary and the Secretary of 
     Agriculture (referred to in this subsection as the 
     ``Secretaries'') may establish a program to acquire a parcel 
     of land or an interest in a parcel of land within 1 or more 
     communities to be used as a local firewood bank.
       (2) Acquisitions.--The land referred to in paragraph (1) 
     may be acquired through a fee-simple purchase, an easement, 
     or a donation.
       (3) Parcel requirements.--A parcel of land acquired under 
     paragraph (1)--
       (A) shall be in a community in which at least 20 percent of 
     the residents primarily heat their homes with a wood-burning 
     stove;
       (B) shall be not less than \1/2\ acre and not more than 6 
     acres in size;
       (C) shall be able to store not fewer than 100 cords of 
     firewood;
       (D) may have equipment on site to process logs into 
     firewood; and
       (E) may be subject to any other requirements that the 
     Secretaries, in consultation with cooperating parties under 
     paragraph (4), determine to be necessary for the efficient, 
     effective, and safe administration of the firewood bank.
       (4) Cooperating parties.--The Secretaries may authorize or 
     consult with cooperating parties--
       (A) to maintain the parcel of land acquired under paragraph 
     (1); and
       (B) to operate the firewood bank.
       (5) Use of land.--The Secretaries, or the cooperating 
     parties, as applicable, shall use a parcel of land acquired 
     under paragraph (1) exclusively as a firewood bank.
       (d) Firewood Banks on Federal Land.--
       (1) In general.--The Secretary concerned may authorize 1 or 
     more firewood banks to be established and operated on Federal 
     land, including trust land (as defined in section 3765 of 
     title 38, United States Code).
       (2) Requirements.--A firewood bank described in paragraph 
     (1)--
       (A) may only be established if the firewood bank--
       (i) will be located within 50 miles of a community in which 
     at least 20 percent of the residents primarily heat their 
     homes with a wood-burning stove;
       (ii) will occupy an area not less than \1/2\ acre and not 
     more than 6 acres in size; and
       (iii) will be able to store not fewer than 20 cords of 
     firewood; and
       (B) may have privately or publicly owned equipment on site 
     to process logs into firewood.
       (3) Cooperating parties.--The Secretary concerned may 
     authorize or consult with cooperating parties--
       (A) to maintain the Federal land on which the firewood bank 
     is established under this subsection; and

[[Page S1501]]

       (B) to operate the firewood bank.
       (4) Use of federal land.--The Secretary concerned, or a 
     cooperating party, as applicable, shall use the land on which 
     a firewood bank is established under this subsection 
     exclusively as a firewood bank.
       (e) Secure Supplies of Firewood for Firewood Banks.--
       (1) In general.--The Secretary concerned shall--
       (A) designate trees for cutting and removal on Federal land 
     by marking; and
       (B) make those trees available to firewood banks, 
     consistent with this subsection.
       (2) Designation.--The Secretary concerned shall designate 
     trees under paragraph (1)(A)--
       (A) in an area located within 50 miles of each firewood 
     bank established under subsection (d); and
       (B) in other areas that the Secretary concerned determines 
     to be appropriate.
       (3) Requirement.--The Secretaries concerned shall designate 
     trees under paragraph (1)(A) in a sufficient quantity to 
     provide at least 100 cords of firewood continuously.
       (4) No fee required.--
       (A) In general.--Any Federal employee or party designated 
     by a firewood bank may cut, remove, and transport to a 
     firewood bank a tree designated under paragraph (1)(A) 
     without incurring any fee.
       (B) Limitations.--
       (i) Permits.--The Secretary concerned may require a permit 
     for the cutting and removal of a tree designated under 
     paragraph (1)(A).
       (ii) No significant damage to resources.--A Federal 
     employee or party designated by a firewood bank shall not be 
     permitted to significantly damage any resource while cutting 
     or removing a tree designated under paragraph (1)(A).
       (5) Closed entry.--The Secretary concerned may close to 
     entry an area with trees designated under paragraph (1)(A), 
     or make that entry subject to such conditions as the 
     Secretary concerned determines are necessary--
       (A) for periods of not longer than 60 consecutive calendar 
     days; and
       (B) for not longer than 150 calendar days during any 1 
     calendar year.
       (f) Report.--
       (1) In general.--Not later than 5 years after the date of 
     enactment of this Act, and every 5 years thereafter, the 
     Secretaries shall prepare a report describing the 
     implementation of this section.
       (2) Consultation.--The Secretaries may prepare the report 
     described in paragraph (1) in consultation with cooperating 
     parties.
       (3) Contents.--The Secretaries shall include in the report 
     described in paragraph (1)--
       (A) an assessment of whether, and to what extent, the 
     program under this section--
       (i) is providing assistance to low-income and disabled 
     individuals;
       (ii) is using cooperating parties to establish, operate, 
     and maintain firewood banks; and
       (iii) is supplying firewood from trees designated under 
     subsection (e)(1)(A);
       (B) lists describing--
       (i) the acquisitions made under subsection (c) and the 
     locations at which the acquisitions were made;
       (ii) the locations of firewood banks established under 
     subsection (d)(1);
       (iii) the cooperating parties that are assisting in 
     operating firewood banks established under subsection (d)(1); 
     and
       (iv) the units of Federal land on which the Secretary 
     concerned has designated trees under subsection (e)(1); and
       (C) recommendations to Congress on ways to improve the 
     administration, efficacy, and effectiveness of the program 
     under this section.
       (4) Submission.--On completion of each report described in 
     paragraph (1), the Secretaries shall submit the report to--
       (A) the Committee on Energy and Natural Resources of the 
     Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on Natural Resources of the House of 
     Representatives; and
       (D) the Committee on Appropriations of the House of 
     Representatives.
                                 ______
                                 
  SA 1510. Mr. McCONNELL (for Mr. Cornyn) proposed an amendment to the 
bill S. 893, to require the President to develop a strategy to ensure 
the security of next generation mobile telecommunications systems and 
infrastructure in the United States and to assist allies and strategic 
partners in maximizing the security of next generation mobile 
telecommunications systems, infrastructure, and software, and for other 
purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Secure 5G and Beyond Act of 
     2020''.

     SEC. 2. APPROPRIATE COMMITTEES OF CONGRESS DEFINED.

       In this Act, the term ``appropriate committees of 
     Congress'' means--
       (1) the Select Committee on Intelligence, the Committee on 
     Commerce, Science, and Transportation, the Committee on 
     Foreign Relations, the Committee on Armed Services, and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate; and
       (2) the Permanent Select Committee on Intelligence, the 
     Committee on Energy and Commerce, the Committee on Foreign 
     Affairs, the Committee on Armed Services, and the Committee 
     on Homeland Security of the House of Representatives.

     SEC. 3. STRATEGY TO ENSURE SECURITY OF NEXT GENERATION 
                   WIRELESS COMMUNICATIONS SYSTEMS AND 
                   INFRASTRUCTURE.

       (a) Strategy Required.--Not later than 180 days after the 
     date of enactment of this Act, the President, in consultation 
     with the Chairman of the Federal Communications Commission, 
     the Secretary of Commerce, the Assistant Secretary of 
     Commerce for Communications and Information, the Secretary of 
     Homeland Security, the Director of National Intelligence, the 
     Attorney General, the Secretary of State, the Secretary of 
     Energy, and the Secretary of Defense, and consistent with the 
     protection of national security information, shall develop 
     and submit to the appropriate committees of Congress a 
     strategy--
       (1) to ensure the security of 5th and future generations 
     wireless communications systems and infrastructure within the 
     United States;
       (2) to provide technical assistance to mutual defense 
     treaty allies of the United States, strategic partners of the 
     United States, and other countries, when in the security and 
     strategic interests of the United States, to maximize the 
     security of 5th and future generations wireless 
     communications systems and infrastructure inside their 
     countries; and
       (3) to protect the competitiveness of United States 
     companies, privacy of United States consumers, and integrity 
     and impartiality of standards-setting bodies and processes 
     related to 5th and future generations wireless communications 
     systems and infrastructure.
       (b) Designation.--The strategy developed under subsection 
     (a) shall be known as the ``National Strategy to Secure 5G 
     and Next Generation Wireless Communications'' (referred to in 
     this Act as the ``Strategy'').
       (c) Elements.--The Strategy shall represent a whole-of-
     government approach and shall include the following:
       (1) A description of efforts to facilitate domestic 5th and 
     future generations wireless communications rollout.
       (2) A description of efforts to assess the risks to and 
     identify core security principles of 5th and future 
     generations wireless communications infrastructure.
       (3) A description of efforts to address risks to the 
     national security of the United States during development and 
     deployment of 5th and future generations wireless 
     communications infrastructure worldwide.
       (4) A description of efforts to promote responsible global 
     development and deployment of 5th and future generations 
     wireless communications, including through robust 
     international engagement, leadership in the development of 
     international standards, and incentivizing market 
     competitiveness of secure 5th and future generation wireless 
     communications infrastructure options.
       (d) Public Consultation.--In developing the Strategy, the 
     President shall consult with relevant groups that represent 
     consumers or the public interest, private sector 
     communications providers, and communications infrastructure 
     and systems equipment developers.

     SEC. 4. STRATEGY IMPLEMENTATION PLAN.

       Not later than 180 days after the date of enactment of this 
     Act, the President shall develop and submit to the 
     appropriate committees of Congress an implementation plan for 
     the Strategy (referred to in this Act as the ``Implementation 
     Plan''), which shall include, at a minimum, the following:
       (1) A description of United States national and economic 
     security interests pertaining to the deployment of 5th and 
     future generations wireless communications systems and 
     infrastructure.
       (2) An identification and assessment of potential security 
     threats and vulnerabilities to the infrastructure, equipment, 
     systems, software, and virtualized networks that support 5th 
     and future generations wireless communications systems, 
     infrastructure, and enabling technologies, which shall, as 
     practicable, include a comprehensive evaluation of the full 
     range of threats to, and unique security challenges posed by, 
     5th and future generations wireless communications systems 
     and infrastructure, as well as steps that public and private 
     sector entities can take to mitigate those threats.
       (3) An identification and assessment of the global 
     competitiveness and vulnerabilities of United States 
     manufacturers and suppliers of 5th and future generations 
     wireless communications equipment.
       (4) An evaluation of available domestic suppliers of 5th 
     and future generations wireless communications equipment and 
     other suppliers in countries that are mutual defense allies 
     or strategic partners of the United States and a strategy to 
     assess their ability to produce and supply 5th generation and 
     future generations wireless communications systems and 
     infrastructure.
       (5) Identification of where security gaps exist in the 
     United States domestic or mutual defense treaty allies and 
     strategic partners communications equipment supply chain for 
     5th and future generations wireless communications systems 
     and infrastructure.
       (6) Identification of incentives and policy options to help 
     close or narrow any security gaps identified under paragraph 
     (5) in, and ensure the economic viability of, the United

[[Page S1502]]

     States domestic industrial base, including research and 
     development in critical technologies and workforce 
     development in 5th and future generations wireless 
     communications systems and infrastructure.
       (7) Identification of incentives and policy options for 
     leveraging the communications equipment suppliers from mutual 
     defense treaty allies, strategic partners, and other 
     countries to ensure that private industry in the United 
     States has adequate sources for secure, effective, and 
     reliable 5th and future generations wireless communications 
     systems and infrastructure equipment.
       (8) A plan for diplomatic engagement with mutual defense 
     treaty allies, strategic partners, and other countries to 
     share security risk information and findings pertaining to 
     5th and future generations wireless communications systems 
     and infrastructure equipment and cooperation on mitigating 
     those risks.
       (9) A plan for engagement with private sector 
     communications infrastructure and systems equipment 
     developers and critical infrastructure owners and operators 
     who have a critical dependency on communications 
     infrastructure to share information and findings on 5th and 
     future generations wireless communications systems and 
     infrastructure equipment standards to secure platforms.
       (10) A plan for engagement with private sector 
     communications infrastructure and systems equipment 
     developers to encourage the maximum participation possible on 
     standards-setting bodies related to such systems and 
     infrastructure equipment standards by public and private 
     sector entities from the United States.
       (11) A plan for diplomatic engagement with mutual defense 
     treaty allies, strategic partners, and other countries to 
     share information and findings on 5th and future generations 
     wireless communications systems and infrastructure equipment 
     standards to promote maximum interoperability, 
     competitiveness, openness, and secure platforms.
       (12) A plan for diplomatic engagement with mutual defense 
     treaty allies, strategic partners, and other countries to 
     share information and findings on 5th and future generations 
     wireless communications infrastructure and systems equipment 
     concerning the standards-setting bodies related to such 
     systems and infrastructure equipment to promote maximum 
     transparency, openness, impartiality, integrity, and 
     neutrality.
       (13) A plan for joint testing environments with mutual 
     defense treaty allies, strategic partners, and other 
     countries to ensure a trusted marketplace for 5th and future 
     generations wireless communications systems and 
     infrastructure equipment.
       (14) A plan for research and development by the Federal 
     Government, in close partnership with trusted supplier 
     entities, mutual defense treaty allies, strategic partners, 
     and other countries to reach and maintain United States 
     leadership in 5th and future generations wireless 
     communications systems and infrastructure security, including 
     the development of an ongoing capability to identify security 
     vulnerabilities in 5th and future generations wireless 
     communications systems.
       (15) Options for identifying and helping to mitigate the 
     security risks of 5th and future generations wireless 
     communications systems and infrastructure that have security 
     flaws or vulnerabilities, or are utilizing equipment sourced 
     from countries of concern, and that have already been put in 
     place within the systems and infrastructure of mutual defense 
     treaty allies, strategic partners, and other countries, when 
     in the security interests of the United States.
       (16) A description of the roles and responsibilities of the 
     appropriate executive branch agencies and interagency 
     mechanisms to coordinate implementation of the Strategy, as 
     provided in section 5(d).
       (17) An identification of the key diplomatic, development, 
     intelligence, military, and economic resources necessary to 
     implement the Strategy, including specific budgetary 
     requests.
       (18) As necessary, a description of such legislative or 
     administrative action needed to carry out the Strategy.

     SEC. 5. LIMITATIONS AND BRIEFINGS.

       (a) Limitations.--
       (1) In general.--The Strategy and the Implementation Plan 
     shall not include a recommendation or a proposal to 
     nationalize 5th or future generations wireless communications 
     systems or infrastructure.
       (2) Federal agency authority.--Nothing in this Act shall be 
     construed to limit any authority or ability of any Federal 
     agency.
       (b) Public Comment.--Not later than 60 days after the date 
     of enactment of this Act, the President shall seek public 
     comment regarding the development and implementation of the 
     Implementation Plan.
       (c) Briefing.--
       (1) In general.--Not later than 21 days after the date on 
     which the Implementation Plan is completed, the President 
     shall direct appropriate representatives from the departments 
     and agencies involved in the formulation of the Strategy to 
     provide the appropriate committees of Congress a briefing on 
     the implementation of the Strategy.
       (2) Unclassified setting.--The briefing under paragraph (1) 
     shall be held in an unclassified setting to the maximum 
     extent possible.
       (d) Implementation.--
       (1) In general.--The President and the National 
     Telecommunications and Information Administration, in 
     conjunction, shall--
       (A) implement the Strategy;
       (B) keep congressional committees apprised of progress on 
     implementation; and
       (C) not implement any proposal or recommendation involving 
     non-Federal spectrum administered by the Federal 
     Communications Commission unless the implementation of such 
     proposal or recommendation is first approved by the 
     Commission.
       (2) Rule of construction.--Nothing in this subsection shall 
     be construed to affect the authority or jurisdiction of the 
     Federal Communications Commission or confer upon the 
     President or any other executive branch agency the power to 
     direct the actions of the Commission, whether directly or 
     indirectly.
       (e) Form.--The Strategy and Implementation Plan shall be 
     submitted to the appropriate committees of Congress in 
     unclassified form, but may include a classified annex.
                                 ______
                                 
  SA 1511. Mr. ROMNEY (for himself, Ms. Warren, and Ms. Sinema) 
submitted an amendment intended to be proposed to amendment SA 1407 
proposed by Ms. Murkowski to the bill S. 2657, to support innovation in 
advanced geothermal research and development, and for other purposes; 
which was ordered to lie on the table; as follows:

        At the end, add the following:

             TITLE IV--NAVAJO UTAH WATER RIGHTS SETTLEMENT

     SEC. 4001. SHORT TITLE.

       This title may be cited as the ``Navajo Utah Water Rights 
     Settlement Act of 2020''.

     SEC. 4002. PURPOSES.

       The purposes of this title are--
       (1) to achieve a fair, equitable, and final settlement of 
     all claims to water rights in the State of Utah for--
       (A) the Navajo Nation; and
       (B) the United States, for the benefit of the Nation;
       (2) to authorize, ratify, and confirm the Agreement entered 
     into by the Nation and the State, to the extent that the 
     Agreement is consistent with this title;
       (3) to authorize and direct the Secretary--
       (A) to execute the Agreement; and
       (B) to take any actions necessary to carry out the 
     agreement in accordance with this title; and
       (4) to authorize funds necessary for the implementation of 
     the Agreement and this title.

     SEC. 4003. DEFINITIONS.

       In this title:
       (1) Agreement.--The term ``agreement'' means--
       (A) the document entitled ``Navajo Utah Water Rights 
     Settlement Agreement'' dated December 14, 2015, and the 
     exhibits attached thereto; and
       (B) any amendment or exhibit to the document or exhibits 
     referenced in subparagraph (A) to make the document or 
     exhibits consistent with this title.
       (2) Allotment.--The term ``allotment'' means a parcel of 
     land--
       (A) granted out of the public domain that is--
       (i) located within the exterior boundaries of the 
     Reservation; or
       (ii) Bureau of Indian Affairs parcel number 792 634511 in 
     San Juan County, Utah, consisting of 160 acres located in 
     Township 41S, Range 20E, sections 11, 12, and 14, originally 
     set aside by the United States for the benefit of an 
     individual identified in the allotting document as a Navajo 
     Indian; and
       (B) held in trust by the United States--
       (i) for the benefit of an individual, individuals, or an 
     Indian Tribe other than the Navajo Nation; or
       (ii) in part for the benefit of the Navajo Nation as of the 
     enforceability date.
       (3) Allottee.--The term ``allottee'' means an individual or 
     Indian Tribe with a beneficial interest in an allotment held 
     in trust by the United States.
       (4) Enforceability date.--The term ``enforceability date'' 
     means the date on which the Secretary publishes in the 
     Federal Register the statement of findings described in 
     section 4008(a).
       (5) General stream adjudication.--The term ``general stream 
     adjudication'' means the adjudication pending, as of the date 
     of enactment, in the Seventh Judicial District in and for 
     Grand County, State of Utah, commonly known as the 
     ``Southeastern Colorado River General Adjudication'', Civil 
     No. 810704477, conducted pursuant to State law.
       (6) Injury to water rights.--The term ``injury to water 
     rights'' means an interference with, diminution of, or 
     deprivation of water rights under Federal or State law, 
     excluding injuries to water quality.
       (7) Member.--The term ``member'' means any person who is a 
     duly enrolled member of the Navajo Nation.
       (8) Navajo nation or nation.--The term ``Navajo Nation'' or 
     ``Nation'' means a body politic and federally recognized 
     Indian nation, as published on the list established under 
     section 104(a) of the Federally Recognized Indian Tribe List 
     Act of 1994 (25 U.S.C. 5131(a)), also known variously as the 
     ``Navajo Nation'', the ``Navajo Nation of Arizona, New 
     Mexico, & Utah'', and the ``Navajo Nation of Indians'' and 
     other similar names, and includes all bands of Navajo Indians 
     and chapters of the Navajo Nation and all divisions, 
     agencies, officers, and agents thereof.
       (9) Navajo water development projects.--The term ``Navajo 
     water development projects'' means projects for domestic

[[Page S1503]]

     municipal water supply, including distribution 
     infrastructure, and agricultural water conservation, to be 
     constructed, in whole or in part, using monies from the 
     Navajo Water Development Projects Account.
       (10) Navajo water rights.--The term ``Navajo water rights'' 
     means the Nation's water rights in Utah described in the 
     agreement and this title.
       (11) OM&R.--The term ``OM&R'' means operation, maintenance, 
     and replacement.
       (12) Parties.--The term ``parties'' means the Navajo 
     Nation, the State, and the United States.
       (13) Reservation.--The term ``Reservation'' means, for 
     purposes of the agreement and this title, the Reservation of 
     the Navajo Nation in Utah as in existence on the date of 
     enactment of this Act and depicted on the map attached to the 
     agreement as Exhibit A, including any parcel of land granted 
     out of the public domain and held in trust by the United 
     States entirely for the benefit of the Navajo Nation as of 
     the enforceability date.
       (14) Secretary.--The term ``Secretary'' means the Secretary 
     of the United States Department of the Interior or a duly 
     authorized representative thereof.
       (15) State.--The term ``State'' means the State of Utah and 
     all officers, agents, departments, and political subdivisions 
     thereof.
       (16) United states.--The term ``United States'' means the 
     United States of America and all departments, agencies, 
     bureaus, officers, and agents thereof.
       (17) United states acting in its trust capacity.--The term 
     ``United States acting in its trust capacity'' means the 
     United States acting for the benefit of the Navajo Nation or 
     for the benefit of allottees.

     SEC. 4004. RATIFICATION OF AGREEMENT.

       (a) Approval by Congress.--Except to the extent that any 
     provision of the agreement conflicts with this title, 
     Congress approves, ratifies, and confirms the agreement 
     (including any amendments to the agreement that are executed 
     to make the agreement consistent with this title).
       (b) Execution by Secretary.--The Secretary is authorized 
     and directed to promptly execute the agreement to the extent 
     that the agreement does not conflict with this title, 
     including--
       (1) any exhibits to the agreement requiring the signature 
     of the Secretary; and
       (2) any amendments to the agreement necessary to make the 
     agreement consistent with this title.
       (c) Environmental Compliance.--
       (1) In general.--In implementing the agreement and this 
     title, the Secretary shall comply with all applicable 
     provisions of--
       (A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (B) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       (C) all other applicable environmental laws and 
     regulations.
       (2) Execution of the agreement.--Execution of the agreement 
     by the Secretary as provided for in this title shall not 
     constitute a major Federal action under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

     SEC. 4005. NAVAJO WATER RIGHTS.

       (a) Confirmation of Navajo Water Rights.--
       (1) Quantification.--The Navajo Nation shall have the right 
     to use water from water sources located within Utah and 
     adjacent to or encompassed within the boundaries of the 
     Reservation resulting in depletions not to exceed 81,500 
     acre-feet annually as described in the agreement and as 
     confirmed in the decree entered by the general stream 
     adjudication court.
       (2) Satisfaction of allottee rights.--Depletions resulting 
     from the use of water on an allotment shall be accounted for 
     as a depletion by the Navajo Nation for purposes of depletion 
     accounting under the agreement, including recognition of--
       (A) any water use existing on an allotment as of the date 
     of enactment of this Act and as subsequently reflected in the 
     hydrographic survey report referenced in section 4007(b);
       (B) reasonable domestic and stock water uses put into use 
     on an allotment; and
       (C) any allotment water rights that may be decreed in the 
     general stream adjudication or other appropriate forum.
       (3) Satisfaction of on-reservation state law-based water 
     rights.--Depletions resulting from the use of water on the 
     Reservation pursuant to State law-based water rights existing 
     as of the date of enactment of this Act shall be accounted 
     for as depletions by the Navajo Nation for purposes of 
     depletion accounting under the agreement.
       (4) In general.--The Navajo water rights are ratified, 
     confirmed, and declared to be valid.
       (5) Use.--Any use of the Navajo water rights shall be 
     subject to the terms and conditions of the agreement and this 
     title.
       (6) Conflict.--In the event of a conflict between the 
     agreement and this title, the provisions of this title shall 
     control.
       (b) Trust Status of Navajo Water Rights.--The Navajo water 
     rights--
       (1) shall be held in trust by the United States for the use 
     and benefit of the Nation in accordance with the agreement 
     and this title; and
       (2) shall not be subject to forfeiture or abandonment.
       (c) Authority of the Nation.--
       (1) In general.--The Nation shall have the authority to 
     allocate, distribute, and lease the Navajo water rights for 
     any use on the Reservation in accordance with the agreement, 
     this title, and applicable Tribal and Federal law.
       (2) Off-reservation use.--The Nation may allocate, 
     distribute, and lease the Navajo water rights for off-
     Reservation use in accordance with the agreement, subject to 
     the approval of the Secretary.
       (3) Allottee water rights.--The Nation shall not object in 
     the general stream adjudication or other applicable forum to 
     the quantification of reasonable domestic and stock water 
     uses on an allotment, and shall administer any water use on 
     the Reservation in accordance with applicable Federal law, 
     including recognition of--
       (A) any water use existing on an allotment as of the date 
     of enactment of this Act and as subsequently reflected in the 
     hydrographic survey report referenced in section 4007(b);
       (B) reasonable domestic and stock water uses on an 
     allotment; and
       (C) any allotment water rights decreed in the general 
     stream adjudication or other appropriate forum.
       (d) Effect.--Except as otherwise expressly provided in this 
     section, nothing in this title--
       (1) authorizes any action by the Nation against the United 
     States under Federal, State, Tribal, or local law; or
       (2) alters or affects the status of any action brought 
     pursuant to section 1491(a) of title 28, United States Code.

     SEC. 4006. NAVAJO TRUST ACCOUNTS.

       (a) Establishment.--The Secretary shall establish a trust 
     fund, to be known as the ``Navajo Utah Settlement Trust 
     Fund'' (referred to in this title as the ``Trust Fund''), to 
     be managed, invested, and distributed by the Secretary and to 
     remain available until expended, consisting of the amounts 
     deposited in the Trust Fund under subsection (c), together 
     with any interest earned on those amounts, for the purpose of 
     carrying out this title.
       (b) Accounts.--The Secretary shall establish in the Trust 
     Fund the following Accounts:
       (1) The Navajo Water Development Projects Account.
       (2) The Navajo OM&R Account.
       (c) Deposits.--The Secretary shall deposit in the Trust 
     Fund Accounts--
       (1) in the Navajo Water Development Projects Account, the 
     amounts made available pursuant to section 4007(a)(1); and
       (2) in the Navajo OM&R Account, the amount made available 
     pursuant to section 4007(a)(2).
       (d) Management and Interest.--
       (1) Management.--Upon receipt and deposit of the funds into 
     the Trust Fund Accounts, the Secretary shall manage, invest, 
     and distribute all amounts in the Trust Fund in a manner that 
     is consistent with the investment authority of the Secretary 
     under--
       (A) the first section of the Act of June 24, 1938 (25 
     U.S.C. 162a);
       (B) the American Indian Trust Fund Management Reform Act of 
     1994 (25 U.S.C. 4001 et seq.); and
       (C) this section.
       (2) Investment earnings.--In addition to the deposits under 
     subsection (c), any investment earnings, including interest, 
     credited to amounts held in the Trust Fund are authorized to 
     be appropriated to be used in accordance with the uses 
     described in subsection (h).
       (e) Availability of Amounts.--Amounts appropriated to, and 
     deposited in, the Trust Fund, including any investment 
     earnings, shall be made available to the Nation by the 
     Secretary beginning on the enforceability date and subject to 
     the uses and restrictions set forth in this section.
       (f) Withdrawals.--
       (1) Withdrawals under the american indian trust fund 
     management reform act of 1994.--The Nation may withdraw any 
     portion of the funds in the Trust Fund on approval by the 
     Secretary of a tribal management plan submitted by the Nation 
     in accordance with the American Indian Trust Fund Management 
     Reform Act of 1994 (25 U.S.C. 4001 et seq.).
       (A) Requirements.--In addition to the requirements under 
     the American Indian Trust Fund Management Reform Act of 1994 
     (25 U.S.C. 4001 et seq.), the Tribal management plan under 
     this paragraph shall require that the Nation shall spend all 
     amounts withdrawn from the Trust Fund and any investment 
     earnings accrued through the investments under the Tribal 
     management plan in accordance with this title.
       (B) Enforcement.--The Secretary may carry out such judicial 
     and administrative actions as the Secretary determines to be 
     necessary to enforce the Tribal management plan to ensure 
     that amounts withdrawn by the Nation from the Trust Fund 
     under this paragraph are used in accordance with this title.
       (2) Withdrawals under expenditure plan.--The Nation may 
     submit to the Secretary a request to withdraw funds from the 
     Trust Fund pursuant to an approved expenditure plan.
       (A) Requirements.--To be eligible to withdraw funds under 
     an expenditure plan under this paragraph, the Nation shall 
     submit to the Secretary for approval an expenditure plan for 
     any portion of the Trust Fund that the Nation elects to 
     withdraw pursuant to this paragraph, subject to the condition 
     that the funds shall be used for the purposes described in 
     this title.

[[Page S1504]]

       (B) Inclusions.--An expenditure plan under this paragraph 
     shall include a description of the manner and purpose for 
     which the amounts proposed to be withdrawn from the Trust 
     Fund will be used by the Nation, in accordance with 
     subsections (c) and (h).
       (C) Approval.--On receipt of an expenditure plan under this 
     paragraph, the Secretary shall approve the plan, if the 
     Secretary determines that the plan--
       (i) is reasonable;
       (ii) is consistent with, and will be used for, the purposes 
     of this title; and
       (iii) contains a schedule which described that tasks will 
     be completed within 18 months of receipt of withdrawn 
     amounts.
       (D) Enforcement.--The Secretary may carry out such judicial 
     and administrative actions as the Secretary determines to be 
     necessary to enforce an expenditure plan to ensure that 
     amounts disbursed under this paragraph are used in accordance 
     with this title.
       (g) Effect of Title.--Nothing in this title gives the 
     Nation the right to judicial review of a determination of the 
     Secretary regarding whether to approve a Tribal management 
     plan or an expenditure plan except under subchapter II of 
     chapter 5, and chapter 7, of title 5, United States Code 
     (commonly known as the ``Administrative Procedure Act'').
       (h) Uses.--Amounts from the Trust Fund shall be used by the 
     Nation for the following purposes:
       (1) The Navajo Water Development Projects Account shall be 
     used to plan, design, and construct the Navajo water 
     development projects and for the conduct of related 
     activities, including to comply with Federal environmental 
     laws.
       (2) The Navajo OM&R Account shall be used for the 
     operation, maintenance, and replacement of the Navajo water 
     development projects.
       (i) Liability.--The Secretary and the Secretary of the 
     Treasury shall not be liable for the expenditure or 
     investment of any amounts withdrawn from the Trust Fund by 
     the Nation under subsection (f).
       (j) No Per Capita Distributions.--No portion of the Trust 
     Fund shall be distributed on a per capita basis to any member 
     of the Nation.
       (k) Expenditure Reports.--The Navajo Nation shall submit to 
     the Secretary annually an expenditure report describing 
     accomplishments and amounts spent from use of withdrawals 
     under a Tribal management plan or an expenditure plan as 
     described in this title.

     SEC. 4007. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization.--There are authorized to be appropriated 
     to the Secretary--
       (1) for deposit in the Navajo Water Development Projects 
     Account of the Trust Fund established under section 
     4006(b)(1), $198,300,000, which funds shall be retained until 
     expended, withdrawn, or reverted to the general fund of the 
     Treasury; and
       (2) for deposit in the Navajo OM&R Account of the Trust 
     Fund established under section 4006(b)(2), $11,100,000, which 
     funds shall be retained until expended, withdrawn, or 
     reverted to the general fund of the Treasury.
       (b) Implementation Costs.--There is authorized to be 
     appropriated non-trust funds in the amount of $1,000,000 to 
     assist the United States with costs associated with the 
     implementation of the title, including the preparation of a 
     hydrographic survey of historic and existing water uses on 
     the Reservation and on allotments.
       (c) State Cost Share.--The State shall contribute 
     $8,000,000 payable to the Secretary for deposit into the 
     Navajo Water Development Projects Account of the Trust Fund 
     established under section 4006(b)(1) in installments in each 
     of the 3 years following the execution of the agreement by 
     the Secretary as provided for in subsection (b) of section 
     4004.
       (d) Fluctuation in Costs.--The amount authorized to be 
     appropriated under subsection (a) shall be increased or 
     decreased, as appropriate, by such amounts as may be 
     justified by reason of ordinary fluctuations in costs 
     occurring after the date of enactment of this Act as 
     indicated by the Bureau of Reclamation Construction Cost 
     Index--Composite Trend.
       (1) Repetition.--The adjustment process under this 
     subsection shall be repeated for each subsequent amount 
     appropriated until the amount authorized, as adjusted, has 
     been appropriated.
       (2) Period of indexing.--The period of indexing adjustment 
     for any increment of funding shall end on the date on which 
     funds are deposited into the Trust Fund.

     SEC. 4008. CONDITIONS PRECEDENT.

       (a) In General.--The waivers and release contained in 
     section 4009 shall become effective as of the date the 
     Secretary causes to be published in the Federal Register a 
     statement of findings that--
       (1) to the extent that the agreement conflicts with the 
     Act, the agreement has been revised to conform with this 
     title;
       (2) the agreement, so revised, including waivers and 
     releases of claims set forth in section 4009, has been 
     executed by the parties, including the United States;
       (3) Congress has fully appropriated, or the Secretary has 
     provided from other authorized sources, all funds authorized 
     under subsection (a) of section 4007;
       (4) the State has enacted any necessary legislation and 
     provided the funding required under the agreement and 
     subsection (c) of section 4007; and
       (5) the court has entered a final or interlocutory decree 
     that--
       (A) confirms the Navajo water rights consistent with the 
     agreement and this title; and
       (B) with respect to the Navajo water rights, is final and 
     nonappealable.
       (b) Expiration Date.--If all the conditions precedent 
     described in subsection (a) have not been fulfilled to allow 
     the Secretary's statement of findings to be published in the 
     Federal Register by October 31, 2030--
       (1) the agreement and this title, including waivers and 
     releases of claims described in those documents, shall no 
     longer be effective;
       (2) any funds that have been appropriated pursuant to 
     section 4007 but not expended, including any investment 
     earnings on funds that have been appropriated pursuant to 
     such section, shall immediately revert to the general fund of 
     the Treasury; and
       (3) any funds contributed by the State pursuant to 
     subsection (c) of section 4007 but not expended shall be 
     returned immediately to the State.
       (c) Extension.--The expiration date set forth in subsection 
     (b) may be extended if the Navajo Nation, the State, and the 
     United States (acting through the Secretary) agree that an 
     extension is reasonably necessary.

     SEC. 4009. WAIVERS AND RELEASES.

       (a) In General.--
       (1) Waiver and release of claims by the nation and the 
     united states acting in its capacity as trustee for the 
     nation.--Subject to the retention of rights set forth in 
     subsection (c), in return for confirmation of the Navajo 
     water rights and other benefits set forth in the agreement 
     and this title, the Nation, on behalf of itself and the 
     members of the Nation (other than members in their capacity 
     as allottees), and the United States, acting as trustee for 
     the Nation and members of the Nation (other than members in 
     their capacity as allottees), are authorized and directed to 
     execute a waiver and release of--
       (A) all claims for water rights within Utah based on any 
     and all legal theories that the Navajo Nation or the United 
     States acting in its trust capacity for the Nation, asserted, 
     or could have asserted, at any time in any proceeding, 
     including to the general stream adjudication, up to and 
     including the enforceability date, except to the extent that 
     such rights are recognized in the agreement and this title; 
     and
       (B) all claims for damages, losses, or injuries to water 
     rights or claims of interference with, diversion, or taking 
     of water rights (including claims for injury to lands 
     resulting from such damages, losses, injuries, interference 
     with, diversion, or taking of water rights) within Utah 
     against the State, or any person, entity, corporation, or 
     municipality, that accrued at any time up to and including 
     the enforceability date.
       (b) Claims by the Navajo Nation Against the United 
     States.--The Navajo Nation, on behalf of itself (including in 
     its capacity as allottee) and its members (other than members 
     in their capacity as allottees), shall execute a waiver and 
     release of--
       (1) all claims the Navajo Nation may have against the 
     United States relating in any manner to claims for water 
     rights in, or water of, Utah that the United States acting in 
     its trust capacity for the Nation asserted, or could have 
     asserted, in any proceeding, including the general stream 
     adjudication;
       (2) all claims the Navajo Nation may have against the 
     United States relating in any manner to damages, losses, or 
     injuries to water, water rights, land, or other resources due 
     to loss of water or water rights (including damages, losses, 
     or injuries to hunting, fishing, gathering, or cultural 
     rights due to loss of water or water rights; claims relating 
     to interference with, diversion, or taking of water; or 
     claims relating to failure to protect, acquire, replace, or 
     develop water or water rights) within Utah that first accrued 
     at any time up to and including the enforceability date;
       (3) all claims the Nation may have against the United 
     States relating in any manner to the litigation of claims 
     relating to the Nation's water rights in proceedings in Utah; 
     and
       (4) all claims the Nation may have against the United 
     States relating in any manner to the negotiation, execution, 
     or adoption of the agreement or this title.
       (c) Reservation of Rights and Retention of Claims by the 
     Navajo Nation and the United States.--Notwithstanding the 
     waivers and releases authorized in this title, the Navajo 
     Nation, and the United States acting in its trust capacity 
     for the Nation, retain--
       (1) all claims for injuries to and the enforcement of the 
     agreement and the final or interlocutory decree entered in 
     the general stream adjudication, through such legal and 
     equitable remedies as may be available in the decree court or 
     the Federal District Court for the District of Utah;
       (2) all rights to use and protect water rights acquired 
     after the enforceability date;
       (3) all claims relating to activities affecting the quality 
     of water, including any claims under the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601 et seq. (including claims for damages to 
     natural resources)), the Safe Drinking Water Act (42 U.S.C. 
     300f et seq.), and the Federal Water Pollution Control Act 
     (33 U.S.C. 1251 et seq.), the regulations implementing those 
     Acts, and the common law;

[[Page S1505]]

       (4) all claims for water rights, and claims for injury to 
     water rights, in states other than the State of Utah;
       (5) all claims, including environmental claims, under any 
     laws (including regulations and common law) relating to human 
     health, safety, or the environment; and
       (6) all rights, remedies, privileges, immunities, and 
     powers not specifically waived and released pursuant to the 
     agreement and this title.
       (d) Effect.--Nothing in the agreement or this title--
       (1) affects the ability of the United States acting in its 
     sovereign capacity to take actions authorized by law, 
     including any laws relating to health, safety, or the 
     environment, including the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et 
     seq.), the Federal Water Pollution Control Act (33 U.S.C. 
     1251 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 
     et seq.), and the regulations implementing those laws;
       (2) affects the ability of the United States to take 
     actions in its capacity as trustee for any other Indian Tribe 
     or allottee;
       (3) confers jurisdiction on any State court to--
       (A) interpret Federal law regarding health, safety, or the 
     environment or determine the duties of the United States or 
     other parties pursuant to such Federal law; and
       (B) conduct judicial review of Federal agency action; or
       (4) modifies, conflicts with, preempts, or otherwise 
     affects--
       (A) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
       (B) the Boulder Canyon Project Adjustment Act (43 U.S.C. 
     618 et seq.);
       (C) the Act of April 11, 1956 (commonly known as the 
     ``Colorado River Storage Project Act'') (43 U.S.C. 620 et 
     seq.);
       (D) the Colorado River Basin Project Act (43 U.S.C. 1501 et 
     seq.);
       (E) the Treaty between the United States of America and 
     Mexico respecting utilization of waters of the Colorado and 
     Tijuana Rivers and of the Rio Grande, signed at Washington 
     February 3, 1944 (59 Stat. 1219);
       (F) the Colorado River Compact of 1922, as approved by the 
     Presidential Proclamation of June 25, 1929 (46 Stat. 3000); 
     and
       (G) the Upper Colorado River Basin Compact as consented to 
     by the Act of April 6, 1949 (63 Stat. 31, chapter 48).
       (e) Tolling of Claims.--
       (1) In general.--Each applicable period of limitation and 
     time-based equitable defense relating to a claim waived by 
     the Navajo Nation described in this section shall be tolled 
     for the period beginning on the date of enactment of this Act 
     and ending on the enforceability date.
       (2) Effect of subsection.--Nothing in this subsection 
     revives any claim or tolls any period of limitation or time-
     based equitable defense that expired before the date of 
     enactment of this Act.
       (3) Limitation.--Nothing in this section precludes the 
     tolling of any period of limitations or any time-based 
     equitable defense under any other applicable law.

     SEC. 4010. MISCELLANEOUS PROVISIONS.

       (a) Precedent.--Nothing in this title establishes any 
     standard for the quantification or litigation of Federal 
     reserved water rights or any other Indian water claims of any 
     other Indian Tribe in any other judicial or administrative 
     proceeding.
       (b) Other Indian Tribes.--Nothing in the agreement or this 
     title shall be construed in any way to quantify or otherwise 
     adversely affect the water rights, claims, or entitlements to 
     water of any Indian Tribe, band, or community, other than the 
     Navajo Nation.

     SEC. 4011. RELATION TO ALLOTTEES.

       (a) No Effect on Claims of Allottees.--Nothing in this 
     title or the agreement shall affect the rights or claims of 
     allottees, or the United States, acting in its capacity as 
     trustee for or on behalf of allottees, for water rights or 
     damages related to lands allotted by the United States to 
     allottees, except as provided in section 4005(a)(2).
       (b) Relationship of Decree to Allottees.--Allottees, or the 
     United States, acting in its capacity as trustee for 
     allottees, are not bound by any decree entered in the general 
     stream adjudication confirming the Navajo water rights and 
     shall not be precluded from making claims to water rights in 
     the general stream adjudication. Allottees, or the United 
     States, acting in its capacity as trustee for allottees, may 
     make claims and such claims may be adjudicated as individual 
     water rights in the general stream adjudication.

     SEC. 4012. ANTIDEFICIENCY.

       The United States shall not be liable for any failure to 
     carry out any obligation or activity authorized by this title 
     (including any obligation or activity under the agreement) if 
     adequate appropriations are not provided expressly by 
     Congress to carry out the purposes of this title.
                                 ______
                                 
  SA 1512. Mr. HOEVEN submitted an amendment intended to be proposed to 
amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to 
support innovation in advanced geothermal research and development, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the end of title II, add the following:

                       Subtitle D--Miscellaneous

     SEC. 24___. DEPARTMENT OF THE INTERIOR PILOT PROGRAM.

       (a) Establishment.--The Secretary of the Interior, acting 
     through the Director of the Bureau of Land Management 
     (referred to in this section as the ``Director''), shall 
     establish a pilot program in 1 State with at least 2,000 oil 
     and gas drilling spacing units (as defined under State law), 
     in which--
       (1) 25 percent or less of the minerals are owned or held in 
     trust by the Federal Government; and
       (2) there is no surface land owned or held in trust by the 
     Federal Government.
       (b) Activities.--In carrying out the pilot program, the 
     Director shall identify and implement ways to streamline the 
     review and approval of Applications for Permits to Drill for 
     oil and gas drilling spacing units of the State in order to 
     achieve a processing time for those oil and gas drilling 
     spacing units similar to that of spacing units that require 
     an Application for Permit to Drill and are not part of the 
     pilot program in the same State.
       (c) Funding.--Beginning in fiscal year 2021, and for a 
     period of 3 years thereafter, to carry out the pilot program 
     efficiently, the Director may fund up to 10 full-time 
     equivalents at appropriate field offices.
       (d) Report.--Not later than 4 years after the date of 
     enactment of this Act, the Director shall submit to Congress 
     a report on the results of the pilot program.
       (e) Waiver.--The Secretary of the Interior may waive the 
     requirement for an Application for Permit to Drill if the 
     Director determines that the mineral interest of the United 
     States in the spacing units in land covered by this section 
     is adequately protected, if otherwise in accordance with 
     applicable laws, regulations, and lease terms.
                                 ______
                                 
  SA 1513. Mr. HOEVEN submitted an amendment intended to be proposed to 
amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to 
support innovation in advanced geothermal research and development, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place in subtitle B of title I, insert 
     the following:

     SEC. 12__. BIOMASS DEMONSTRATION PROJECT MODIFICATIONS.

       (a) Tribal Biomass Demonstration Project.--Section 3 of the 
     Tribal Forest Protection Act of 2004 (25 U.S.C. 3115b note; 
     Public Law 108-278) is amended--
       (1) in subsection (a), by striking ``fiscal years 2017 
     through 2021'' and inserting ``fiscal years 2019 through 
     2023''; and
       (2) in subsection (f), in the matter preceding paragraph 
     (1), by striking ``2019'' and inserting ``2021''.
       (b) Alaska Native Biomass Demonstration Project.--Section 
     202(c) of the Indian Tribal Energy Development and Self-
     Determination Act Amendments of 2017 (25 U.S.C. 3115b note; 
     Public Law 115-325) is amended--
       (1) in paragraph (2), by striking ``fiscal years 2017 
     through 2021'' and inserting ``fiscal years 2019 through 
     2023''; and
       (2) in paragraph (7), in the matter preceding subparagraph 
     (A), by striking ``2019'' and inserting ``2021''.

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